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HomeMy WebLinkAbout2022.03.01 Agenda Packet - Regular Meeting City Council Agenda Tuesday, March 1, 2022 6:30 PM PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are required to be worn at all times. How to Observe the Meeting From Home: The public can observe the meeting by calling +1 (562) 247-8422, Access Code: 542-517-414 OR visit: https://attendee.gotowebinar.com/register/208932919351728656. How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx). The public may log into the meeting through this link: https://attendee.gotowebinar.com/register/208932919351728656. Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting. The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. NANCY A. LYONS Council Member STAN LIU Council Member STEVE TYE Council Member RUTH M. LOW Mayor ANDREW CHOU Mayor Pro Tem City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/208932919351728656 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA March 01, 2022 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ab Kastl, Associate Pastor, Landmark Christian Church ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem Chou, Mayor Low APPROVAL OF AGENDA: Mayor 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will then be called upon to speak at that point in the agenda. MARCH 1, 2022 PAGE 2 3. SCHEDULE OF FUTURE EVENTS: 3.1 Planning Commission Meeting – March 8, 2022 – 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr. 3.2 Community Workshop on Transitioning to District-Based Elections – March 9, 2022 – 6:30 pm online teleconference. 3.3 Traffic and Transportation Commission Meeting – March 10, 2022 – 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr. 3.4 City Council Meeting – March 15, 2022, 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr. 3.5 Tres Hermanos Conservation Authority Board of Directors Regular Meeting – March 16, 2022 – 6:00 p.m., online teleconference and Windmill Room, 21810 Copley Dr. 4. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 4.1 CITY COUNCIL MINUTES OF THE FEBRUARY 15, 2022 REGULAR MEETING. 4.1.a February 15, 2022 City Council Minutes Recommended Action: Approve the February 15, 2022 Regular City Council meeting minutes. Requested by: City Clerk 4.2 RATIFICATION OF CHECK REGISTER DATED FEBRUARY 9, 2022 THROUGH FEBRUARY 22, 2022 TOTALING $1,516,058.60. Recommended Action: Ratify the Check Register. Requested by: Finance Department 4.3 TREASURER'S STATEMENT. Recommended Action: Approve the January 2022 Treasurer’s Statement. Requested by: Finance Department MARCH 1, 2022 PAGE 3 4.4 SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES, INC. FOR TEMPORARY ACCOUNTING STAFFING SERVICES. Recommended Action: Approve, and authorize the Mayor to sign, the Second Amendment to the Consultant Services Agreement with M.V. Cheng & Associates, Inc. Requested by: Finance Department 4.5 AMERICAN RED CROSS MONTH PROCLAMATION. Recommended Action: Adopt the Proclamation declaring March as American Red Cross Month. Requested by: City Manager 4.6 AUTHORIZATION TO SUBMIT A NOTIFICATION OF INTENT TO COMPLY WITH SB 1383- CALRECYCLE. Recommended Action: Adopt Resolution No. 2022-11, approving, and authorizing the City Manager to submit, a Notification of Intent to Comply with CalRecycle SB 1383 regulation requirements, and direct the City Manager or his designee to execute any related documents. Requested by: City Manager 5. PUBLIC HEARINGS: 5.1 PUBLIC HEARING TO RECEIVE TESTIMONY ABOUT COMMUNITIES OF INTEREST AND OTHER LOCAL FACTORS THAT SHOULD BE CONSIDERED WHEN DRAWING DISTRICT MAPS. Recommended Action: Open the public hearing and receive public input on district boundaries. Requested by: City Manager 6. COUNCIL CONSIDERATION: 6.1 CONSIDERATION TO ESTABLISH A CITY COUNCIL SUBCOMMITTEE TO COORDINATE WITH THE INLAND VALLEY HUMANE SOCIETY. Recommended Action: Discuss and take action as deemed appropriate. Requested by: City Manager MARCH 1, 2022 PAGE 4 7. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 8. ADJOURNMENT: Agenda #: 4.1 Meeting Date: March 1, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE FEBRUARY 15, 2022 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the February 15, 2022 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: 4.1 Packet Pg. 7 Attachments: 1. 4.1.a February 15, 2022 City Council Minutes 4.1 Packet Pg. 8 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 15, 2022 CLOSED SESSION: 5:30 p.m. Public Comments: None Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9 One Potential Case – Claim of polarized voting in the City Closed Session adjourned at 6:16 p.m. CALL TO ORDER: Mayor Low called the Regular City Council meeting to order at 6:31 p.m. M/Low stated that consistent with COVID-19 regulations, members of the public were encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. City Council Members and staff participated telephonically. PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance INVOCATION: Associate Pastor Luke Pamplin, EFree Church, provided the invocation. ROLL CALL: Council Members Stan Liu, Nancy Lyons, Steve Tye, Mayor Pro Tem Andrew Chou, and Mayor Ruth Low Staff in Attendance: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Omar Sandoval, Assistant City Attorney; Anthony Santos, Assistant to the City Manager; Dannette Allen, Senior Management Analyst; Alfa Lopez, Senior Management Analyst; Amy Haug, Human Resources and Risk Manager; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Grace Lee, Senior Planner; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Jason Jacobsen, Finance Director; Ryan Wright, Parks and Recreation Director; Alfredo Estevez, Information Systems Analyst; Kristina Santana, City Clerk Also Present: Captain Stephen Tousey, LA County Sheriff’s Department. ACA/Sandoval stated there was no reportable action from the Closed Session. APPROVAL OF AGENDA: As presented. 4.1.a Packet Pg. 9 FEBRUARY 15, 2022 PAGE 2 CITY COUNCIL 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: NONE 2. PUBLIC COMMENTS: CC/Santana reported that public comment emails were received from Alex Stewart and Steve and Elsie Edmunds which were forwarded to the City Council earlier today. Melinda Gao spoke about an RV that has been parked on Silver Hawk Drive for an extended period of time. Stephen expressed concern about the RV parked on Silver Hawk Drive. Aloysius Chuarn spoke to public safety issues regarding the parked RV on Silver Hawk Drive. Pui-Ching Ho announced that the Diamond Bar Library has new extended hours - Monday through Thursday 10:00 a.m. to 8:00 p.m., Friday and Saturday from 10:00 a.m. to 6:00 p.m., and is focused on creating safe and welcoming spaces for everyone. Elsie Edmunds spoke about their RV parked on Shady Hills and efforts to follow the law. RESONSE TO PUBLIC COMMENTS: Captain Tousey cited local ordinances regarding RV parking. 3. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Calendar of Future Events. 4. CONSENT CALENDAR: C/Tye, C/Lyons seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4.1 APPROVED CITY COUNCIL MINUTES: 4.1a REGULAR MEETING OF FEBRUARY 1, 2022. 4.2 RATIFIED CHECK REGISTER DATED JANUARY 26, 2022 THROUGH FEBRUARY 8, 2022 TOTALING $513,522.18. 4.3 ADOPTED RESOLUTION NO. 2022-06 PROVIDING FOR CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND 4.1.a Packet Pg. 10 FEBRUARY 15, 2022 PAGE 3 CITY COUNCIL OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. 4.4 ADOPTED RESOLUTION NO. 2022-07 EXTENDING THE DECLARED LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID- 19). 4.5 ADOPTED RESOLUTION NO. 2022-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF DIAMOND BAR IS ELIGIBLE. 4.6 APPROVED SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH SCHAFER CONSULTING FOR AS- NEEDED SUPPORT OF THE FINANCE ENTERPRISE RESOURCE PLANNING SYSTEM THROUGH DECEMBER 31, 2022 AS FOLLOW: A. APPROPRIATED $70,000 IN AVAILABLE FUND BALANCE FROM THE EQUIPMENT MAINTENANCE & REPLACEMENT FUND (FUND 503) TO COVER THE COST OF THE SERVICES; AND, B. APPROVED AND AUTHORIZEDTHE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH SCHAFER CONSULTING TO PROVIDE AS- NEEDED CONSULTING SERVICES SUPPORTING THE FINANCE ENTERPRISE RESOURCE PLANNING SYSTEM. 5. PUBLIC HEARINGS: NONE 6. COUNCIL CONSIDERATION: 6.1 CITY COUNCIL APPOINTMENT OF PARKS AND RECREATION PLANNING, AND TRAFFIC AND TRANSPORTATION COMMISSIONERS. CM/Fox provided the staff report. Commission appointments were announced as follows: Mayor Ruth Low: Cynthia Quan Parks and Recreation Commission Ray Wolfe Planning Commission Manisha Sulakhe Traffic and Transportation Commission 4.1.a Packet Pg. 11 FEBRUARY 15, 2022 PAGE 4 CITY COUNCIL Mayor Pro Tem Andrew Chou: Andrew Wong Parks and Recreation Commission Bill Rawlings Planning Commission Raphael Plunkett Traffic and Transportation Commission Council Member Stan Liu: Stephen Qiu Parks and Recreation Commission Mahendra Garg Planning Commission Gary Busteed Traffic and Transportation Commission Council Member Nancy Lyons: Aaron Salo Parks and Recreation Commission Kenneth Mok Planning Commission Kim Hsieh Traffic and Transportation Commission Council Member Steve Tye: Mario Isaic Ramirez Parks and Recreation Commission Naila Barlas Planning Commission Surendra Mehta Traffic and Transportation Commission CC/Santana reported that an email regarding Item 6.1 was received from Allen Wilson and forwarded to the City Council. MPT/Chou moved, C/Lyons seconded, to ratify the appointments as submitted. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.2 FISCAL YEAR 2021-22 MID-YEAR BUDGET REVIEW. FD/Jacobsen presented the staff report. There were no public comments for Item 6.2 C/Liu asked about the percentages of ongoing expenses and one-time expenses and FD/Jacobsen responded that the requests before the Council this evening are mostly one-time expenses. 4.1.a Packet Pg. 12 FEBRUARY 15, 2022 PAGE 5 CITY COUNCIL C/Lyons said she was very concerned about the Inland Valley Humane Society cost increase for the current year as well as, another proposed increase of $110,000 for next year and believes staff should determine the reason for the increase and indicate these concerns to IVHS. MPT/Chou asked where the $700,000 increase in sales tax is coming from and CM/Fox explained that increased fuel prices, as well as, the restaurant and building industry sectors are contributing to increase sales tax revenue as the pandemic winds down. M/Low asked where the budget is compared to pre-pandemic levels and FD/Jacobsen responded that the budget is trending toward pre-pandemic levels and whether that is sustainable is questionable at this time. CM/Fox noted that the City is looking forward to recovery in the areas of TOT, facilities rentals at the Diamond Bar Center, and the City’s recreational programs. M/Low asked if the City anticipated receiving additional COVID relief funds and FD/Jacobsen responded that the City has not yet received the second tranche of eligible funds. The direction from Treasury is that Diamond Bar will receive another $3.4 million in June 2022. The funds are restricted for government services (public safety, general programming, road maintenance, etc.) and are assigned to revenue loss. M/Low said she agreed with C/Lyons that the IVHS increase of $110,000 for animal control is substantial and asked if the City could request an audit or request the general manager to meet with the Council or a subcommittee thereof to work on this issue. C/Lyons sked if the message could be sent to IVHS by not approving the $110,000 increase. CM/Fox explained that the City entered into a new full-service contract with IVHS and with that contract. Staff will continue to dialogue with the executive director and monitor this very closely and if the appropriation is not needed, it will not be used. CM/Fox said staff would report back to the Council on this item and include this matter in the upcoming budget study sessions. Council Members concurred to schedule an agenda item for formation of a subcommittee to pursue the matter of the IVHS budget increase. MPT/Chou moved, C/Liu seconded, to Adopt Resolution No. 2022-09 amending the Fiscal Year 2021-2022 Municipal Budget revenue and appropriations, and reclassification of one personnel position. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low 4.1.a Packet Pg. 13 FEBRUARY 15, 2022 PAGE 6 CITY COUNCIL NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye appreciated hearing differing opinions about the RV parking and hoped there would an agreeable solution to finding a place to park the vehicle to everyone’s satisfaction and suggested it might be possible to house the RV in the St. Denis Church parking lot. He congratulated the 15 appointed and reappointed Commissioners and thanked them for their willingness to serve the community. C/Liu thanked staff for the presentations and discussions, congratulated the Commissioners, and congratulated the Rams on their Super Bowl win. C/Lyons thanked FD/Jacobsen for the comprehensive and easy to understand finance report, complimented staff on the maintenance of Heritage Park during COVID and as it awaits upgrades, and announced that the SR57 northbound off ramp at Diamond Bar Boulevard is open. MPT/Chou acknowledged February as Human Trafficking Prevention Month, congratulated the Rams on winning the Super Bowl, and voiced his appreciation for newly appointed and reappointed Commissioners who stepped forward to serve their community. M/Low thanked FD/Jacobsen for presenting a comprehensive and understandable report, congratulated new and reappointed Commissioners for past and continued service, thanked everyone who submitted an application to serve, and reported that people are constantly remarking to her how nice the City looks and how much they love Diamond Bar. She hoped that everyone enjoyed a happy Valentine’s Day. ADJOURNMENT: With no further business to conduct, Mayor Low adjourned the Regular City Council Meeting at 7:39 p.m. Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 1st day of March, 2022. __________________________ Ruth M. Low, Mayor 4.1.a Packet Pg. 14 Agenda #: 4.2 Meeting Date: March 1, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED FEBRUARY 9, 2022 THROUGH FEBRUARY 22, 2022 TOTALING $1,516,058.60. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $1,516,058.60. BACKGROUND/DISCUSSION: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting. The attached check register containing checks dated February 9, 2022 through February 22, 2022 totaling $1,516,058.60 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 4.2 Packet Pg. 15 REVIEWED BY: Attachments: 1. 4.2.a Check Register Affidavit 3-1-2022 2. 4.2.b Check Register 3-1-2022 4.2 Packet Pg. 16 4.2.a Packet Pg. 17 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4442 2/18/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/18/2022 225 21109 $23.86 2/18/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/18/2022 239 21109 $103.85 2/18/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/18/2022 201 21109 $142.08 2/18/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/18/2022 250 21109 $197.01 2/18/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/18/2022 238 21109 $207.70 2/18/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/18/2022 207 21109 $332.56 2/18/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/18/2022 206 21109 $737.25 2/18/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/18/2022 100 21109 $10,320.16 CHECK TOTAL $12,064.47 4443 2/18/2022 CALPERS PENSION CONTRIBUTION 1/29-2/11/22 & 2/1-2/28/22 239 21110 $145.37 2/18/2022 CALPERS PENSION CONTRIBUTION 1/29-2/11/22 & 2/1-2/28/22 225 21110 $209.96 2/18/2022 CALPERS PENSION CONTRIBUTION 1/29-2/11/22 & 2/1-2/28/22 238 21110 $222.53 2/18/2022 CALPERS PENSION CONTRIBUTION 1/29-2/11/22 & 2/1-2/28/22 201 21110 $395.04 2/18/2022 CALPERS PENSION CONTRIBUTION 1/29-2/11/22 & 2/1-2/28/22 207 21110 $701.10 2/18/2022 CALPERS PENSION CONTRIBUTION 1/29-2/11/22 & 2/1-2/28/22 250 21110 $1,043.83 2/18/2022 CALPERS PENSION CONTRIBUTION 1/29-2/11/22 & 2/1-2/28/22 206 21110 $1,249.46 4.2.b Packet Pg. 18 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/18/2022 CALPERS PENSION CONTRIBUTION 1/29-2/11/22 & 2/1-2/28/22 100 21110 $30,980.34 CHECK TOTAL $34,947.63 4444 2/18/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE 02/18/2022 238 21118 $9.62 2/18/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE 02/18/2022 239 21118 $9.62 2/18/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE 02/18/2022 207 21118 $12.79 2/18/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE 02/18/2022 250 21118 $27.55 2/18/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE 02/18/2022 206 21118 $43.44 2/18/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE 02/18/2022 100 21118 $1,210.37 CHECK TOTAL $1,313.39 4446 2/22/2022 ABSOLUTE SECURITY INTERNATIONAL INC JANUARY 2022 SECURITY GUARD SERVICES 100510 55330 $580.50 CHECK TOTAL $580.50 4447 2/22/2022 AIRGAS INC HELIUM 100630 51200 $9.86 2/22/2022 AIRGAS INC HELIUM 100520 51200 $98.58 CHECK TOTAL $108.44 4448 2/22/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JAN) 100630 52320 $70.00 2/22/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JAN) 100510 52320 $105.00 2/22/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JAN) 100620 52320 $120.00 CHECK TOTAL $295.00 4449 2/22/2022 ATTACK ON TACOS 100520 55300 $1,600.00 CHECK TOTAL $1,600.00 4450 2/22/2022 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $96.00 CHECK TOTAL $96.00 4451 2/22/2022 DMPR 4 LLC STORAGE RENTAL UNITS IN MARCH 2022 100130 52302 $1,281.00 CHECK TOTAL $1,281.00 4.2.b Packet Pg. 19 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4452 2/22/2022 ECOFERT INC FERTILIZER INJECTION SYSTEM (JAN) 100630 52320 $1,150.00 CHECK TOTAL $1,150.00 4453 2/22/2022 EXTERIOR PRODUCTS CORP MAINT OF GROUNDS/BUILDINGS (LORBEER) 100630 55505 $8,028.15 2/22/2022 EXTERIOR PRODUCTS CORP AMERICAN FLAGS (PRESIDENT'S DAY) 100630 55505 $5,896.00 CHECK TOTAL $13,924.15 4454 2/22/2022 FOOTHILL BUILDING MATERIALS INC SAND FOR FIRE STATION #121 100350 51200 $410.08 CHECK TOTAL $410.08 4455 2/22/2022 FRONTIER COMMUNICATIONS CORP SUMMARY BILL - INTERNET SERVICE 2/1/22 100230 54030 $775.00 2/22/2022 FRONTIER COMMUNICATIONS CORP SUMMARY BILL - INTERNET SERVICE FEB 2022 100230 54030 $358.62 CHECK TOTAL $1,133.62 4456 2/22/2022 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT - JANUARY 2022 100430 55540 $2,975.00 CHECK TOTAL $2,975.00 4457 2/22/2022 GUADALUPE DUARTE RODRIQUEZ GRAPHIC DESIGN SERVICES 100240 54900 $2,094.19 CHECK TOTAL $2,094.19 4458 2/22/2022 HEATHER JEN CHANG INSTRUCTOR PAYMENT - ART - WS22 100520 55320 $144.00 CHECK TOTAL $144.00 4459 2/22/2022 HR GREEN PACIFIC INC HYDROLOGY REVIEW - CROOKED CREEK VTTM54081 100 22107 $47.50 2/22/2022 HR GREEN PACIFIC INC GRADING REVIEW - CROOKED CREEK VTTM54081 100 22107 $187.00 CHECK TOTAL $234.50 4460 2/22/2022 INTERNAL REVENUE SERVICE FORM 941 QTR 4 2021 MEDICARE 100 21104 $153.22 CHECK TOTAL $153.22 4461 2/22/2022 J & J'S SPORTS & TROPHIES YOUTH BASKETBALL JERSEYS 100520 51200 $0.00 2/22/2022 J & J'S SPORTS & TROPHIES YOUTH BASKETBALL JERSEYS 100520 51200 $3,836.70 CHECK TOTAL $3,836.70 4462 2/22/2022 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - AUG 2021 201610 54200 $1,126.25 4.2.b Packet Pg. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,126.25 4463 2/22/2022 JOSUE PABLO ESPINO PLANNING SERVICES CONSULTANT - 1/24/22 THRU 2/4/22 100410 54900 $3,900.00 CHECK TOTAL $3,900.00 4464 2/22/2022 KEVIN D JONES PS - SR-57/60 CONFLUENCE PROJ ADVOCACY - JAN 2022 100615 54400 $4,000.00 CHECK TOTAL $4,000.00 4465 2/22/2022 LIEBERT CASSIDY WHITMORE WEBINAR 100220 52500 $75.00 CHECK TOTAL $75.00 4466 2/22/2022 LOOMIS COURIER SVCS - JANUARY 2022 100210 54900 $761.86 2/22/2022 LOOMIS COURIER SVCS - JANUARY 2022 100510 54900 $761.86 CHECK TOTAL $1,523.72 4467 2/22/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S DEPT GEN LAW - 12/2021 100310 55400 $597,508.28 2/22/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S DEPT LAW ENF. SVCS 11/2021 100310 55400 $597,508.28 CHECK TOTAL $1,195,016.56 4468 2/22/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (JAN) 241641 55524 $4,922.61 2/22/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (JAN) 239639 55524 $12,173.54 2/22/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (JAN) 238638 55524 $14,806.30 CHECK TOTAL $31,902.45 4469 2/22/2022 NBS GOVERNMENT FINANCE GROUP PS - LLAD #39 - PUBLIC ENGAGEMENT 239639 54900 $5,712.08 CHECK TOTAL $5,712.08 4470 2/22/2022 NETWORK PARATRANSIT SYSTEMS INC DIAMOND RIDE TRANS. SERVICES FY2021-22 11/2021 206650 55560 $13,231.78 2/22/2022 NETWORK PARATRANSIT SYSTEMS INC DIAMOND RIDE TRANS. SERVICES FY2021-22 12/2021 206650 55560 $14,022.93 CHECK TOTAL $27,254.71 4471 2/22/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2022 100655 51250 $7.64 2/22/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2022 100630 51200 $11.78 4.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/22/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2022 100510 51200 $19.82 2/22/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2022 100210 51200 $32.91 2/22/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2022 100140 51200 $527.29 2/22/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2022 106130 51200 $8,312.12 CHECK TOTAL $8,911.56 4472 2/22/2022 ONE TIME PAY VENDOR CHERYL KELLOGG PICNIC REFUND 100 20202 $100.00 CHECK TOTAL $100.00 4473 2/22/2022 ONE TIME PAY VENDOR DR. SAMIR BATNIJI EVENT REFUND 100 20202 $866.56 CHECK TOTAL $866.56 4474 2/22/2022 ONE TIME PAY VENDOR JERRY JONES FACILITY REFUND 100 20202 $250.00 CHECK TOTAL $250.00 4475 2/22/2022 ONE TIME PAY VENDOR NANCY GIBSON FACILITY REFUND 100 20202 $100.00 CHECK TOTAL $100.00 4476 2/22/2022 ONE TIME PAY VENDOR NAZAR AHMAD FACILITY DEPOSIT REFUND 100 20202 $700.00 CHECK TOTAL $700.00 4477 2/22/2022 ONE TIME PAY VENDOR ROY CHEUNG PICNIC REFUND 100 20202 $100.00 CHECK TOTAL $100.00 4478 2/22/2022 ONE TIME PAY VENDOR TRACY TANG SENIOR CLASS REFUND 100 20202 $40.00 CHECK TOTAL $40.00 4479 2/22/2022 ONE TIME PAY VENDOR YOGI DHOLAKIYA FACILITY RENTAL REFUND 100 20202 $199.30 CHECK TOTAL $199.30 4480 2/22/2022 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT CITY PARKS (JAN) 100510 55505 $5,865.00 2/22/2022 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT CITY PARKS (JAN) 100630 55505 $27,411.00 CHECK TOTAL $33,276.00 4481 2/22/2022 PROTECTION ONE INC BURGLAR ALARM MONITORING (02.28.22 - 03.28.22) 100620 52320 $35.13 CHECK TOTAL $35.13 4482 2/22/2022 PROTECTION ONE INC BURGLAR ALARM SYCAMORE CANYON PARK 100630 52320 $186.60 4.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $186.60 4483 2/22/2022 PUBLIC STORAGE #23051 STORAGE RENTAL UNIT – FEB 2022 100130 52302 $526.00 CHECK TOTAL $526.00 4484 2/22/2022 PYRO COMM SYSTEMS INC FIRE ALARM MONITORING (DBC) 100510 52320 $135.00 CHECK TOTAL $135.00 4485 2/22/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2022 206650 55610 ($13.50) 2/22/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2022 206650 55620 $90.00 2/22/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2022 206650 55610 $360.00 2/22/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2022 206650 55620 $486.40 2/22/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2022 206650 55610 $1,945.60 CHECK TOTAL $2,868.50 4486 2/22/2022 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES - DECEMBER 2021 100420 55100 $34,500.42 2/22/2022 RKA CONSULTING GROUP GOLDEN SPRINGS (W) AREA 1 - PROJ 2 - DEC 2021 301610 56101 $4,902.50 2/22/2022 RKA CONSULTING GROUP GOLDEN SPRINGS (E) - AREA 2 - PROJ 3 - DEC 2021 301610 56101 $210.00 CHECK TOTAL $39,612.92 4487 2/22/2022 SC FUELS FLEET VEHICLE FUEL 502130 52330 $49.29 2/22/2022 SC FUELS FLEET VEHICLE FUEL 502430 52330 $78.87 2/22/2022 SC FUELS FLEET VEHICLE FUEL 502630 52330 $238.65 2/22/2022 SC FUELS FLEET VEHICLE FUEL 502655 52330 $382.20 2/22/2022 SC FUELS FLEET VEHICLE FUEL 502620 52330 $433.42 CHECK TOTAL $1,182.43 4488 2/22/2022 SHEPPARD MULLIN RICHTER & HAMPTON PROFESSIONAL SERVICES - TRES HERMANOS IN JAN. 2022 100120 54022 $1,189.54 CHECK TOTAL $1,189.54 4489 2/22/2022 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL (RIGHT OF WAY) JAN 100645 55528 $3,113.00 CHECK TOTAL $3,113.00 4490 2/22/2022 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT EMISSIONS FEES FY 21-22 (DBC) 100510 52310 $142.59 4.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/22/2022 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT ANNUAL RENEWAL FEES FY 21-22 (DBC) 100510 52310 $440.15 CHECK TOTAL $582.74 4491 2/22/2022 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK 100230 54030 $538.02 CHECK TOTAL $538.02 4492 2/22/2022 STAY GREEN INC CITY HALL LANDSCAPE MAINT (JAN) 100620 52320 $1,053.00 2/22/2022 STAY GREEN INC ADDL' LANDSCAPE MAINT (CITY HALL) 100620 52320 $996.01 CHECK TOTAL $2,049.01 4493 2/22/2022 TAIT AND ASSOCIATES INC GROUNDWATER DRAINAGE PROJ - DEC 2021 301610 56105 $1,300.00 CHECK TOTAL $1,300.00 4494 2/22/2022 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE (JAN CARWASH) 502655 52312 $95.96 2/22/2022 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE (JAN CARWASH) 502630 52312 $142.95 2/22/2022 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE (JAN CARWASH) 502620 52312 $205.71 CHECK TOTAL $444.62 4495 2/22/2022 THE ARTINA GROUP MISC 1099 FORMS 100210 52110 $101.32 2/22/2022 THE ARTINA GROUP W2 & 1095B TAX FORMS FOR 2021 100210 52110 $316.50 CHECK TOTAL $417.82 4496 2/22/2022 THE COMDYN GROUP INC GIS SUPPORT - JAN 2022 100230 54900 $2,780.05 CHECK TOTAL $2,780.05 4497 2/22/2022 THE GAS COMPANY CITY HALL (01.13.22 - 02.14.22) 100620 52215 $1,138.31 CHECK TOTAL $1,138.31 4498 2/22/2022 THE TAIT GROUP INC PS/TRAFFIC ENGR - VARIOUS CITY PROJECT - JAN 2022 100615 54410 $3,750.00 CHECK TOTAL $3,750.00 4499 2/22/2022 UNDERGROUND SERVICE ALERT OF SO CA US DIGALERTS - MONTHLY SERVICE - JAN 2022 100615 54410 $158.50 CHECK TOTAL $158.50 4500 2/22/2022 VALLEY VISTA SERVICES , INC. STREET SWEEPING SERVICES (JAN) 100655 55510 $20,284.92 4.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $20,284.92 4501 2/22/2022 WW GRAINGER INC BUILDING MAINTENANCE (CITY HALL) 100620 52320 $91.28 CHECK TOTAL $91.28 4502 2/22/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $621.46 2/22/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $77.20 2/22/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (PARKS) 100630 51200 $548.81 2/22/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $533.49 CHECK TOTAL $1,780.96 4503 2/22/2022 WEST COAST ARBORISTS INC TREE MAINTENANCE (01.16.22 - 01.31.22) 100645 55522 $27,446.78 CHECK TOTAL $27,446.78 4504 2/22/2022 YUNEX LLC TS MAINT - DBB/SILVER HAWK / CABINET REPLACEMENT 207650 55536 $7,444.32 2/22/2022 YUNEX LLC TS MAINTENANCE - CALL-OUTS - AUG 2021 207650 55536 $723.60 2/22/2022 YUNEX LLC TS MAINTENANCE - CALL OUTS - NOV 2021 207650 55536 $1,839.29 CHECK TOTAL $10,007.21 4505 2/22/2022 ZUMAR INDUSTRIES INC ROAD MAINTENANCE (STREET SIGNS) 100655 51250 $1,043.18 CHECK TOTAL $1,043.18 GRAND TOTAL $1,516,058.60 4.2.b Packet Pg. 25 Agenda #: 4.3 Meeting Date: March 1, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TREASURER'S STATEMENT. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the January 2022 Treasurer’s Statement. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City’s Investment Policy. PREPARED BY: 4.3 Packet Pg. 26 REVIEWED BY: Attachments: 1. 4.3.a Treasurer Cash Report Jan 2022 2. 4.3.b Treasurer Certification and Investment Report Jan 2022 4.3 Packet Pg. 27 TOTAL CASH BREAKDOWN Cash Funds General Account $3,902,952.92 Payroll Account $39,425.18 Change Fund - General Fund $2,000.00 Change Fund - Prop A Fund $300.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent (US Bank 2021 Bonds)$22,758.18 Total Cash Funds $3,968,186.28 Investment Funds (Book Value): Local Agency Investment Fund $40,041,523.15 Other Fixed-Income Securities (0-5 year maturity) $16,204,561.89 Total Investment Funds $56,246,085.04 Fiscal Year-To-Date Effective Rate of Return 0.65% FY 2021-22 Budgeted Annual Interest Earnings $410,400.00 Fiscal Year-To-Date Interest Earnings $193,057.00 Invested Funds With OPEB Trust $519,211.81 Fiscal Year-To-Date- Effective Rate of Return 0.36% Fiscal Year-To-Date Interest Earnings $1,883.72 Total Cash and Investments $60,733,483.13 CITY OF DIAMOND BAR - CITY TREASURER'S REPORT AS OF JANUARY 31, 2022 4.3.a Packet Pg. 28 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Federal Credit Union CD $992,000.00 1.76%1,826 1,343 1.513 Local Agency Investment Fund $40,041,523.15 71.19%1 1 0.230 Corporate Notes $1,737,248.48 3.09%1,716 390 2.800 Treasury Coupon Securities $994,922.99 1.77%1,822 1,794 1.357 Federal Agency Callable $5,499,390.42 9.78%1,793 220 1.438 Certificate of Deposit - Bank $6,181,000.00 10.99%1,795 516 1.918 Municipal Bonds $800,000.00 1.42%1,599 737 1.311 Total Investments and Averages $56,246,085.04 100.00%513 157 0.671 TOTAL INTEREST EARNED I certify that this report accurately reflects all City pooled investments Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. $28,877.43 $193,057.16 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT January 31, 2022 MONTH ENDING FISCAL YEAR-TO-DATE January 31, 2022 2021-22 4.3.b Packet Pg. 29 City of Diamond Bar Portfolio Management January 31, 2022 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Days to MaturityTerm YTM/C Federal Credit Union CD 992,000.00 1,8261.76 1.5131,343996,562.20992,000.00 Local Agency Investment Funds 40,041,523.15 171.19 0.230140,044,845.4040,041,523.15 Corporate Notes 1,737,248.48 1,7163.09 2.8003901,801,434.251,750,000.00 Treasury Coupon Securities 994,922.99 1,8221.77 1.3571,794994,922.991,000,000.00 Federal Agency Callable 5,499,390.42 1,7939.78 1.4382205,500,560.505,500,000.00 Certificate of Deposit 6,181,000.00 1,79510.99 1.9185166,310,051.536,181,000.00 Municipal Bonds 800,000.00 1,5991.42 1.311737805,640.00800,000.00 56,246,085.04 100.00%Investments 56,454,016.8756,264,523.15 513 157 0.671 Current Year January 31 28,877.43 Fiscal Year To Date 193,057.16 Average Daily Balance Effective Rate of Return 53,502,471.14 50,813,377.50 0.65%0.64% Total Earnings Month Ending __________________________________________________ ____________________ Jason M. Jacobsen, Finance Director Portfolio POOL AP Reporting period 01/01/2022-01/31/2022 Run Date: 02/14/2022 - 07:08 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 2/22/2022 4.3.b Packet Pg. 30 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value January 31, 2022 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Credit Union CD 1,779America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 248,000.00 1,82606251A3K4 1.350 1,486GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 245,813.38 1,82639573LAV0 0.650 1,826State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 248,000.00 1,827856285E98 1.750 280Mountain Amer Fed Cr Union10207 248,000.00 248,000.00 11/08/20222.30011/08/2017 254,748.82 1,82662384RAC0 2.300 992,000.00 1,826996,562.20992,000.00992,967.74Subtotal and Average 1,343 1.513 Local Agency Investment Funds 1Local Agency Investment Fund10028 40,041,523.15 40,041,523.15 0.23040,044,845.40 1LAIF 0.230 40,041,523.15 140,044,845.4040,041,523.1540,032,392.98Subtotal and Average 1 0.230 Corporate Notes 8Apple Inc10186 250,000.00 249,987.22 02/09/20222.15002/09/2017 252,494.25 1,826037833AY6 2.395 307Chevron Corp., Corporate Bond10214 500,000.00 497,081.60 12/05/20222.35505/30/2018 511,638.50 1,650166764AB6 2.355 624Toyota MTR Credit Corp10223 500,000.00 494,033.20 10/18/20232.25002/28/2019 519,911.50 1,69389236TDK8 3.001 434Walmart Inc.10216 500,000.00 496,146.46 04/11/20232.55006/27/2018 517,390.00 1,749931142DH3 3.251 1,737,248.48 1,7161,801,434.251,750,000.001,736,829.91Subtotal and Average 390 2.800 Treasury Coupon Securities 1,794U.S. Treasury10403 1,000,000.00 994,922.99 12/31/20261.25001/04/2022 994,922.99 1,82291282CDQ1 1.357 994,922.99 1,822994,922.991,000,000.00898,605.61Subtotal and Average 1,794 1.357 Federal Agency Callable 30Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 499,617.00 1,8263133EMSH6 0.790 437Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 503,163.00 1,4613133EMVS8 0.690 709Federal Farm Credit Bank10397 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 1,000,000.00 1,8263133ENKG4 1.470 84Federal Farm Credit Bank10405 1,500,000.00 1,500,000.00 01/26/20271.84001/26/2022 1,500,000.00 1,8263133ENMA5 1.840 23Federal Home Loan Bank10254 500,000.00 499,390.42 02/24/20260.62502/24/2021 497,780.50 1,8263130AL7M0 0.776 86Federal Home Loan Bank10406 1,500,000.00 1,500,000.00 01/28/20271.70001/28/2022 1,500,000.00 1,8263130AQKJ1 1.700 5,499,390.42 1,7935,500,560.505,500,000.002,660,674.89Subtotal and Average 220 1.438 Certificate of Deposit 254Alliance Credit Union, CD10206 247,000.00 247,000.00 10/13/20222.25010/13/2017 253,259.72 1,82601859BAA3 2.251 84American Express Bank10192 247,000.00 247,000.00 04/26/20222.40004/26/2017 251,280.51 1,82602587DQ84 2.401 91American Express Bank10195 247,000.00 247,000.00 05/03/20222.35005/03/2017 251,307.93 1,82602587CEM8 2.351 86Balboa Thrift & Loan10194 248,000.00 248,000.00 04/28/20222.00004/28/2017 251,571.94 1,82605765LAL1 2.000 161Barclays Bank10204 247,000.00 247,000.00 07/12/20222.20007/12/2017 251,973.35 1,82606740KKD8 2.201 1,493BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 245,731.79 1,826066519QK8 0.000 16BMW Bank10188 248,000.00 248,000.00 02/17/20222.15002/17/2017 250,824.22 1,82605580AGE8 2.151 Portfolio POOL AP Run Date: 02/14/2022 - 07:08 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 4.3.b Packet Pg. 31 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value January 31, 2022 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Certificate of Deposit 98Capital One Bank10196 247,000.00 247,000.00 05/10/20222.30005/10/2017 251,314.35 1,82614042RFL0 2.301 447CIT Bank10213 248,000.00 248,000.00 04/24/20233.00004/24/2018 259,826.62 1,82617312QJ67 3.002 119Comenity Capital Bank10198 248,000.00 248,000.00 05/31/20222.35005/31/2017 252,693.15 1,82620033AUB0.2.350 918EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 258,715.70 1,82729278TKJ8 2.152 196Everbank/Jacksonville FL10205 247,000.00 247,000.00 08/16/20222.20008/16/2017 252,375.71 1,82687270LAJ2 2.201 140First Bank of Highland Park10202 247,000.00 247,000.00 06/21/20222.10006/21/2017 251,454.89 1,826319141GL5 2.101 344First Source Bank10248 242,000.00 242,000.00 01/11/20231.40003/11/2020 246,239.36 1,03633646CLX0 1.401 1,680Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 248,000.00 1,82638149MZJ5 1.051 421Indust & Comm Bank China10212 248,000.00 248,000.00 03/29/20232.90003/29/2018 258,987.14 1,82645581EAS0 2.902 847JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.00005/28/2020 251,544.17 1,82648128UDS5 1.001 128Medallion Bank10199 248,000.00 248,000.00 06/09/20222.15006/09/2017 252,398.28 1,82658403B6R2 2.150 365Morgan Stanley Bank10209 246,000.00 246,000.00 02/01/20232.65002/01/2018 255,028.20 1,82661747MH95 2.651 821Morgan Stanley Bank10226 246,000.00 246,000.00 05/02/20242.75005/02/2019 261,179.68 1,82761760AZR3 2.753 1,499Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 247,212.43 1,82670320KAX9 0.000 934Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 257,732.15 1,82775472RAE1 2.002 49Sallie Mae Bank10190 247,000.00 247,000.00 03/22/20222.35003/22/2017 250,650.91 1,826795450ZW8 2.351 2Synchrony Bank10185 248,000.00 248,000.00 02/03/20222.25002/03/2017 250,749.33 1,82687164XPG5 2.251 1,681UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 248,000.00 1,82690348JS92 0.000 6,181,000.00 1,7956,310,051.536,181,000.006,381,000.00Subtotal and Average 516 1.918 Municipal Bonds 851CALIF STATE HLTH FACS AUTH10252 200,000.00 200,000.00 06/01/20240.75211/04/2020 200,664.40 1,30513032UXL7 0.752 1,216CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 250,834.00 1,67013032UXM5 0.952 1,004California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 100,400.10 1,50613077DMK5 0.685 59California State HSG Fin AGY10193 250,000.00 250,000.00 04/01/20222.36704/27/2017 253,741.50 1,80013063DAD0 2.367 800,000.00 1,599805,640.00800,000.00800,000.00Subtotal and Average 737 1.311 Wells Fargo Sweep Account 1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010 0.00 00.000.000.00Subtotal and Average 0 0.000 51353,502,471.14 56,264,523.15 157 0.67156,454,016.87 56,246,085.04Total and Average Portfolio POOL AP Run Date: 02/14/2022 - 07:08 PM (PRF_PM2) 7.3.0 4.3.b Packet Pg. 32 Days to Maturity Page 3 Par Value Book Value Stated RateMarket Value January 31, 2022 Portfolio Details - Cash Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date 0.00 51353,502,471.14 56,264,523.15 157 0.671 0 0Average Balance 56,454,016.87 56,246,085.04Total Cash and Investments Portfolio POOL AP Run Date: 02/14/2022 - 07:08 PM (PRF_PM2) 7.3.0 4.3.b Packet Pg. 33 Agenda #: 4.4 Meeting Date: March 1, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MV CHENG & ASSOCIATES, INC. FOR TEMPORARY ACCOUNTING STAFFING SERVICES. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Second Amendment to the Consultant Services Agreement with M.V. Cheng & Associates, Inc. FINANCIAL IMPACT: The Second Amendment would increase the total not-to-exceed compensation under the Agreement by $80,000 for a total of $185,000. Sufficient funds are available in the FY 2021/22 operating budget to cover the cost of such services. BACKGROUND: The City’s Finance Department experienced back-to-back retirements from the full-time Accountant and Senior Accountant incumbents in June and September 2021, respectively. Following the first retirement, the City engaged temporary accounting staffing services from M.V. Cheng and Associates to fill the gap while the departmental operations were evaluated and subsequent recruitments were conducted. The Senior Accountant position was reclassified to a Finance Supervisor position during the September 21st City Council meeting. Currently, staff is recruiting to fill the Finance Supervisor position and expects to have it filled by the end of the fiscal year (June 30, 2022). In addition to current external audits and ongoing financial reporting, there are many complex and routine tasks that must be completed by the Finance Department on a regular basis. Due to staff turnover the department has fallen behind on some essential tasks and is requesting on-gong support from contracted temporary accounting staff to 4.4 Packet Pg. 34 maintain timely reporting and assistance to internal departments and external stakeholders. The previous First Amendment to the Consulting Services Agreement extended the no- to-exceed amount by $60,000 for a total of $105,000. The proposed Second Amendment increases the not-to-exceed amount by $80,000 and amends the current scope of services to include a temporary Accounting Manager to assist the department. The current estimate for the Second Amendment is based on required work efforts through June 2022 for one Accounting Manager and one Accountant. Based on the start date and experience of the new Finance Supervisor, some of the additional funding may not be needed. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.4.a Second Amendment to Consulting Services Agreement MV Cheng & Associates Inc. 4.4 Packet Pg. 35 1450782.1 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of March 1, 2022, by and between the City of Diamond Bar, a municipal corporation (“City”), and MV Cheng & Associates, Incorporated, (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 29, 2021, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that certain First Amendment dated as of November 2, 2021, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the "Agreement"; and C. The City and the Consultant desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement and First Amendment, is hereby amended, modified and supplemented to include the services described in Exhibit "A" attached hereto and incorporated herein by this reference. 3 Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of Forty-five Thousand Dollars ($45,000). The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to- exceed compensation in the sum of One Hundred and Five Thousand Dollars ($105,000). The total not-to-exceed compensation of the Agreement is hereby amended to provide for an increase of Eighty Thousand Dollars ($80,000) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed One Hundred and Eighty-Five Thousand Dollars ($185,000) without the prior authorization of the City. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the 4.4.a Packet Pg. 36 Page 2 of 4 Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. “CONSULTANT” “CITY” MV Cheng & Associates, Inc. City of Diamond Bar 102 W. 24th Street 21810 Copley Drive Upland, CA 91784 Diamond Bar, CA 91765-4178 Attn.: Misty Cheng Attn.: Jason Jacobsen Phone: 925-963-9996 Phone: 909-839-7051 Email: mcheng@mvchengassociates.com E-mail: JJacobsen@DiamondBarCA.Gov *By: By: Printed Name: Ruth Low, Mayor Title: *By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 4.4.a Packet Pg. 37 Page 3 of 4 EXHIBIT “A” CONTRACTED ACCOUNTING MANAGER SCOPE OF WORK March 1, 2022 Billing Rate: $85.00 per hour General Ledger Accounting The Contracted Accounting Manager (Contractor) will have primary responsibility to ensure the accounting records are properly maintained and kept up to date. This includes, but is not limited to, the following duties: 1. Reconciling subsidiary ledgers (e.g., payroll, accounts payable, cashiering) to the general ledger 2. Account analysis 3. Bank reconciliations 4. Identifying and resolving errors in transactional postings 5. Assist Finance Director with the mid-year and 3rd quarter budget review and analysis 6. Posting Council-approved budget amendments 7. Grant accounting and reporting 8. Perform required monthly/quarterly journal entries and closings: • Interest Allocation • Capital Project Revenue Allocation • Engineering Deposit Overhead Allocation • Interfund transfers Project Accounting Ledger Maintenance The City uses a Project Ledger System, which is part of the Munis System, to account for capital projects, engineering and planning developer deposits, and recreation programs and activities. Contra ctor will work with the City staff and implementation consultant to ensure the system is kept up to date and reconciled with the General Ledger and subsidiary ledgers. Financial Accounting System (Tyler Munis) Support Contractor will assist in addressing and resolving issues pertaining to the City’s financial management system (Munis). Users are still transitioning to the full use of Munis and periodically need assistance with processing transactions; Contractor will assist department users with support and guidan ce as needed. The City currently uses an outside consulting firm for ongoing assistance with financial system implementation, such as technical support to resolve problems, improve transaction processing, and provide training to City staff. Contractor will provide oversight of routine Munis tasks and service assistance currently provided by the implementation consultant. Special Projects As needed, Contractor will assist with special projects. Examples of special projects include: 1. Project ledger budget analysis and clean-up; 2. Capital Project carryover analysis and adjustments; 3. Importing and reconciling capital asset data from the old financial system (Pentamation) to Munis. 4. Reconciling and adjusting engineering deposits recorded in the General Ledger to the Project Ledger System and City’s land management/development database. 4.4.a Packet Pg. 38 Page 4 of 4 EXHIBIT “A” Year-End Closing and Audit As needed, Contractor will lead the Finance Department’s efforts to complete all analysis and year -end adjustments in accordance with Generally Accepted Accounting Principles (GAAP), and will prepare schedules required of the City’s auditors in order to complete their audit. In addition, Contractor will assist with the final closing of the fiscal year and roll -over of balances to the new fiscal year. Financial Reporting Contractor will ensure all reports to external agencies are completed accurately and in a timely basis. These reports include: 1. MTA Report 2. State Controllers Report/CDIAC Reports 3. Possessory Interest Report 4. Department of Treasury American Rescue Plan Act Report 5. Annual Streets Report 6. Annual SB1 Report 7. AB 939 Report Training of New Staff Contractor will train and provide support to Finance Department staff. 4.4.a Packet Pg. 39 Agenda #: 4.5 Meeting Date: March 1, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMERICAN RED CROSS MONTH PROCLAMATION. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Adopt the Proclamation declaring March as American Red Cross Month. BACKGROUND: Red Cross Month is an annual celebration in March which recognizes and celebrates the work of Red Cross volunteers, financial donors, blood donors and community partners. In 1943, President Franklin D. Roosevelt requested that “during this Month of March our people rededicate themselves to the splendid aims and activities of the Red Cross.” Since then, March has been proclaimed American Red Cross month across the country. 2021 was an intense year for many and the Red Cross stepped up and jumped into cities across LA County, helping with meal distribution, providing shelter during the Western wildfires, collecting blood and convalescent plasma, and building and distributing COVID-19 safety kits to vulnerable communities. The City of Diamond Bar is proud to honor the achievements and accomplishments of The American Red Cross Chapter Board serving the Greater San Gabriel and Pomona Valleys. PREPARED BY: 4.5 Packet Pg. 40 REVIEWED BY: Attachments: 1. 4.5.a American Red Cross Month Proclamation 4.5 Packet Pg. 41 PP RR OO CC LL AA MM AA TT II OO NN ““AA MM EE RR II CC AA NN RR EE DD CC RR OO SS SS MM OO NN TT HH ,, 22 00 22 22 ”” WWHHEERREEAASS,, March is American Red Cross Month, a special time to recognize the invaluable service provided by this humanitarian nonprofit organization in the United States and around the world; and WWHHEERREEAASS,, In 1881, Clara Barton founded the American Red Cross, turning her steadfast dedication for helping others into a bold mission of preventing and alleviating people’s suffering. Today, more than 140 years later, we honor the kindness and generosity of Red Cross volunteers here in Diamond Bar, who continue to carry out Clara’s lifesaving legacy. They join the millions of people across the United States who volunteer, give blood, donate financially or learn vital life-preserving skills through the Red Cross; and WWHHEERREEAASS,, American Red Cross staff, volunteers and donors positively impact millions of lives each year as they carry out the organization’s mission of preventing and alleviating suffering; and WHEREAS, despite these challenging economic times, people have stepped up to help others in need during this ongoing COVID-19 pandemic, whether it was responding to disasters across the country or rolling up their sleeves to give blood to address a critical, national-level blood shortage; and WHEREAS, here in the San Gabriel Pomona Valley Chapter, countless families have relied on Disaster Response volunteers for comfort and hope while coping with home fires and other disasters. NNOOWW,, TTHHEERREEFFOORREE,, BBEE IITT RREESSOOLLVVEEDD,, that the Diamond Bar City Council does hereby proclaim MMaarrcchh 22002222 as ““RREEDD CCRROOSSSS MMOONNTTHH”” in Diamond Bar and encourages everyone to join in celebrating and supporting the American Red Cross and its noble mission. March 1, 2022 Ruth M. Low Mayor Andrew Chou Stan Liu Mayor Pro Tem Council Member Nancy A. Lyons Steve Tye Council Member Council Member 4.5.a Packet Pg. 42 Agenda #: 4.6 Meeting Date: March 1, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AUTHORIZATION TO SUBMIT A NOTIFICATION OF INTENT TO COMPLY WITH SB 1383- CALRECYCLE. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Adopt Resolution No. 2022-11, approving, and authorizing the City Manager to submit, a Notification of Intent to Comply with CalRecycle SB 1383 regulation requirements, and direct the City Manager or his designee to execute any related documents. FINANCIAL IMPACT: No financial impact. BACKGROUND: In a statewide effort to reduce emissions of short-lived climate pollutants, Governor Brown Jr., signed Senate Bill 1383 (SB 1383) into law in September of 2016. After two years of rulemaking, SB 1383 regulations took effect, with state enforcement beginning on January 1, 2022. SB 1383 is the most significant statewide waste reduction mandate in decades and requires California to reduce organic waste disposal by 75% (using a 2014 baseline) and to recover 20% of edible food for human consumption by 2025. Organic waste includes green waste, food waste, paper, and cardboard. Although the targets are overall state goals (as opposed to individual jurisdictional goals), SB 1383 imposes many new requirements for local implementation. The main requirements that all jurisdictions in California must comply with include: • Providing organics waste recycling collection to all organic waste generators; • Adopting an enforceable ordinance to enforce SB 1383 compliance; • Implementing an edible food recovery program that recovers edible food that would otherwise be disposed of in the landfill; • Conducting annual outreach and education; 4.6 Packet Pg. 43 • Performing organics waste diversion capacity planning; • Procuring specific recovered organic waste products such as compost, mulch, renewable natural gas, and recycled content paper; and • Maintain documentation and keep records of SB 1383 compliance. As jurisdictions are preparing to implement the law, local governments are facing challenges due to the COVID-19 pandemic. In response, Governor Newsom signed SB 619 (Laird, Chapter 508, Statutes of 2021) into law to support local governments as they design and implement successful organic waste recycling programs throughout the state. The law authorizes CalRecycle to waive civil penalties if a jurisdiction submits a Notification of Intent to Comply for some or all of the regulatory requirements. With the passage of SB 619, the State allows for an extension for jurisdictions for the implementation of SB1383 and provides relief from potential penalties for the 2022 calendar year. To participate, agencies must submit a Resolution “Notification of Intent to Comply” with CalRecycle by March 1, 2022. ANALYSIS: Overall, the City is well-positioned to comply with SB 1383 requirements, with many of the SB 1383 requirements already met, in progress, or feasible with some programmatic changes. The City Council adopted Ordinance 04 (2021) on December 7, 2021, and the enforcement of the regulations is not expected to take effect for residents and businesses until January 1, 2024. With the submission of the Notice of Intent to Comply, the City will gain additional time to implement some of the remaining requirements of the law including: Residential Organic Waste Rate: The City is continuing to work with Waste Management to establish reasonable and effective residential organic waste rates. Those rates, will have to be approved by the City Council in a future meeting, planned for April 2022. Multifamily Services: CalRecycle is aware of the challenges in implementing organic recycling in Diamond Bar. An area that will take additional time to implement includes the high-density multi-family residences (MFRs). High density areas typically generate low amounts residential green waste. An additional challenge within MFRs aside from space constraints, and low generation of green waste, is the existing hybrid model of services provided by two different waste haulers for example: • Valley Vista Services (VVS): Existing MFRs serviced by VVS are currently receiving bin service, housed in a community enclosure, that is shared by the residents that reside within an HOA. Delivery of a three or two-cart system to each residential address would be impossible due to space constraints. A more successful program would be in the form of “shared” organic carts to be placed in the existing bin enclosures. • Waste Management (WM): Existing MFRs serviced by Waste Management are currently under a two-cart system with a recyclables and refuse cart, and no bin services. Staff is currently working with the Waste Management on a plan to 4.6 Packet Pg. 44 implement a program for MFRs, working closely with HOA managers. With CalRecycle’s approval, there may be an opportunity to deliver shared carts to the community instead of individual green carts. Procurement: The requirements for local jurisdictions to procure specified amounts of products made from diverted organic waste are challenging and potentially costly. Additional time is needed to research cost effective methods to meet this requirement. If the City on its own is not able to meet the target procurement of recovered organic waste products, there are other ways that the City can meet the targets, which include requiring the franchisees to provide free compost giveaways, use/purchase renewable gas vehicles, and/or use/purchase electricity from biomass conversion. We would have to include the additional requirements in the franchise (as an amendment) or other agreement. City staff is currently working with the City’s waste haulers on an Implementation Plan that addresses service gaps in meeting the requirements of SB 1383 regulations with a planned timeline as follows: SB1383 Component Program Planned Implementation SB1383 Ordinance Adopted December 2021 Complete Business Organic Recycling Program • 96(64)gallon carts- • 2 cyd Bins for larger generators • 3rd party hauling • Waiver Program Complete Food Recovery Component • Abound Food Care • CalRecycle Grant Application- July 1, 2022 Grant award is pending Multi-family Collection- Valley Vista Services Existing Bin System • 96(64) gallon carts • Use of bag system for food waste • Kitchen pails for residents July 1, 2022 The City is seeking approval to implement a program using single green carts to be placed in the existing bin enclosures. Residential Collection- Waste Management Existing 3 cart system • 3 cart system • Combine food waste with green waste • No use of bags allowed by WM July 1, 2022 • Pending successful negotiation of a reasonable rate increase. Multi-family Collection- Waste Management Existing 2 cart system • CalRecycle granted shared services due to space constraints December 2022 or earlier Procurement Targets • Review of options to meet state targets • Possible integration with franchise agreements 4.6 Packet Pg. 45 The attached resolution contains language required by CalRecycle to comply with the extension request. The Notice of Intent to Comply is attached as Exhibit A to the resolution. This application is a requirement, and addresses the proposed timeline and specific tasks related to meeting each requirement. To ensure additional time and flexibility to implement the SB 1383 regulation requirements for organic recycling, it is recommended that the City Council adopt the attached Resolution (Attachment 1). LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.6.a Resolution No. 2022-11 2. 4.6.b Exhibit A-NOIC 4.6 Packet Pg. 46 RESOLUTION NO. 2022-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING RESOLUTION AND SUBMITTAL OF NOTIFICATION OF INTENT TO COMPLY The City Council of the City of Diamond Bar hereby consents to, adopts and ratifies the following resolution: WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; WHEREAS, the City of Diamond Bar is a local jurisdiction required to comply with the Regulations; WHEREAS, the City of Diamond Bar is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; WHEREAS, the City of Diamond Bar is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council of the City of Diamond Bar hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A”. Section 2. The City Council of the City of Diamond Bar hereby authorizes and directs the City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute. 4.6.a Packet Pg. 47 Resolution No. 2022-11 2 Section 3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Diamond Bar represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations. Section 4. The City of Diamond Bar by and through its City Manager also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply. PASSED, ADOPTED AND APPROVED this 1st day of March, 2022. CITY OF DIAMOND BAR ___________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 1st day of March, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 4.6.a Packet Pg. 48 Notification of Intent to Comply CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)]. A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to NOIC@CalRecycle.ca.gov. A jurisdiction shall, at minimum, include the following in its notification: 1.A description, with specificity, of the continuing violations. 2.A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply. 3.A description of the impacts of the COVID-19 pandemic on compliance. 4.A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner. Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following: 1.Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d). 2.A corrective action plan pursuant to 14 CCR section 18996.2. a.CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued. CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification. 1 EXHIBIT A 4.6.b Packet Pg. 49 □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Please clearly print or type responses. Attach additional pages as necessary. Jurisdiction Name: County: Person Completing the Form: First Name: Last Name: Title: Mailing Address: City: Zip Code: Email Address: Phone Number: 1.Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section. Example: ☒(B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i.Not implementing mandatory residential foodwaste collection for all residents. Note: City already provides mandatory greenwaste collection to all residents ii.Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more. Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations. (A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services (F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization (H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program (Q) 14 CCR section 18989.1. CALGreen Building Codes (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance 2 EXHIBIT A 4.6.b Packet Pg. 50 □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ (S)14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T)14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program (U)14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V)14 CCR section 18992.2. Edible Food Recovery Capacity (W)14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X)14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target (Y)14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z)14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement (AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle. (BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8) (CC)14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints. (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section. Example: ☒(1) (Type regulatory section number) (Type regulatory section title) i.Describe the specific violations related to the regulatory section (1) (2) (3) (4) (5) 3 EXHIBIT A 4.6.b Packet Pg. 51 2.A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable. •14 CCR section 18984.1 Three-Container Organic Waste Collection Services. The City already provides residential mandatory greenwaste collection to all residents under a three cart program and recently adopted the law into the City’s municipal code through the addition of a new Organic Recycling Ordinance, on December 7, 2021. The residential green waste is collected and transported by Waste Management to local facilities split between Azusa and the City of Industry. As proposed, the new organic recycling program would be rolled out July 1, 2022 and will combine food waste to the existing residential green cart. The prolonged implementation related to the residential three cart system are the result of delayed negotiations with Waste Management, the City’s exclusive service provider for residential programs. The rate increase as proposed by Waste Management, includes high weight assumptions, which have been challenged by staff; and higher increases to cover additional transportation and monitoring costs. The City is committed to continue negotiating with the intent of having this program in place by July 1, 2022. However, if the City and Waste Management are not able to come to a mutual agreement, the residential organic implementation could be delayed until September 1, 2023. •14 CCR section 18984.1 Three-Container Organic Waste Collection Services. Commercial multi-family organic waste service roll-out has started. Valley Vista Services (VVS), the City’s exclusive franchise hauler for commercial service, provides bin services which equals approximately 2,600 homes. VVS first focused on commercial business program roll-outs to achieve 100% AB 1826 compliance, then worked to address business requirments under the SB 1383 mandate. The commercial multi-family rollout will include source separated cart service housed inside the existing bin enclosures. VVS plans to distribute kitchen pails to multifamily homes and liner bags. Each 2 gallon pail includes a starter 30-pack of compostable liners and a “how-to” brochure. Outside of the pail has hot stamped information of what can and can’t go inside the pail and a QR code that directs the resident to a “How-to” video on in-home food waste recycling. VVS will be taking the organic waste to Puente Hills. Valley Vista is in the process of converting and expanding our GCR operation to process organic waste; specifically food waste. The VVS Sustainability Team is preparing multifamily residential workshops. VVS projects completing this roll-out April 2022. Waste Management services commercial multi-family properties with cart service. Waste Management has expressed a shortage of green carts due to Covid 19 Impacts, which would delay the rollout to the multifamily dwellings services by WM. However these dwellings are considered multifamily, and do not have existing carts for green waste. The City is evaluating a shared service model for these locations that do not have existing bin enclosures or the real estate to add one. •14 CCR section 18984.5 Container Contamination Minimization. Once the residential food waste migrates from the trash container to the organics container the record keeping requirements will be put in place. Commercial program is in place. Multifamily locations will be added. •14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization-Recordkeeping requirements for the residential sector will be put in place once the routes include organic recycling for the residential sector. 4 EXHIBIT A 4.6.b Packet Pg. 52 Continued: •14 CCR section 18992.1. Organic Waste Recycling Capacity Planning. There are local facilities that process source separated organic material, for example Puente Hills Material Recovery is only 13 miles from the City of Diamond Bar. However, the proposed residential program will transport the residential material to compost facilities in Tulare, California, more than 200 miles in distance. The capacity for the material and having it guaranteed for the remainder of the agreement is being calculated into the rate increase proposed by Waste Management. •14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program. A proposal was submitted by Abound Food Care, and if approved, will be effective July 1, 2022. •14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target. The City on its own may not able to meet the target procurement of recovered organic waste products, there are three other ways that the City can utilize to try to meet the targets, which include requiring the franchisees to provide additional free compost giveaways, use/purchase renewable gas vehicles, and/or use/purchase electricity from biomass conversion. This would require an amendment to the franchise agreement. 3.A description of the impacts of the COVID-19 pandemic on compliance. Covid-19 has impacted the negotiation process to a certain extent. We have had long delays between meetings due to City Hall closures, hauler staffing illnesses and coordination difficulties. Covid-19 impacts delayed passage of the City’s ordinance until December 2021. Waste Management has expressed a shortage of green carts due to Covid 19 Impacts, which would delay the rollout to the multifamily dwellings services by WM. 4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below. --------see optional format below---- I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge. ------------------------------ ------------------------------ ------------------------------ ---------------------------- Signature Printed Name Title Date 5 EXHIBIT A 4.6.b Packet Pg. 53 Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner. Regulatory Requirement and DescriptionAction: 14 CCR section 18984.1 Three-Container Organic Waste Collection Services OPTION A Proposed Schedule TASK 1: Negotiate a residential rate increase to include organic waste recycling for the residential sector serviced by Waste Management. Note: Staff has been in negotiations with WM since August 2021. 1.Continue meetings with Waste Management to discuss the rate increase.2.Request a written response with the proposed new residential rate increase.3.Once a written response is received from Waste Management, the City willbe able to take a City Council report for City Council approval, per the franchise agreement. Tentative City Council meeting of April 15.4.Implement a new residential organic waste recycling program with WasteManagement. With the new rates in place, the City will expand the existing three cart collection system. The program includes using the existing source separated green waste cart and include food waste. This material will be transported to composting facility in Tulare, California. Date to be completed: March 31, 2022 July 1, 2022 TASK 2: Rollout collection to multi-family locations. Note: There are two separate waste hauler franchise agreements that service multi-families. 1.Containers and vehicles for collection of food waste from commercial multi-familyproperties are in place. Requested extension is needed for logistical reasons aswe cannot ensure placement of containers and program start-up until April 2022 at all locations. Task include contact and scheduling container delivery, which is already underway.2.Outreach includes billing inserts, waste hauler website updates, and in-person meetings with HOA managers.3.VVS plans to distribute kitchen pails to multifamily homes and liner bags. Each 2 gallon pail includes a starter 30-pack of compostable liners and a “how-to”brochure. Outside of the pail has hot stamped information of what can and can’tgo inside the pail and a QR code that directs the resident to a “How-to” video on in- home food waste recycling. VVS projects completing this roll-out April 2022.4.Once implemented, all monitoring program will commence.5.Facility capacity is already covered under VVS’ existing agreement with the Puente Hills MRF.6.Continue with the review of potential waivers is applicable. Date to be completed: April 30, 2022 6 EXHIBIT A 4.6.b Packet Pg. 54 TASK 3: Continue with the outreach and education about the new law and services. 1.The City’s outreach to the public has included information to residents serviced by Waste Management, to anticipate this program going live on July 1, 2022. The first quarter billing insert from Waste Management included an SB1383 Introduction and Overview (attached). Plan for subsequent billing inserts. Once the rates are adopted, the information will be posted on the City’s website. 2.The VVS Sustainability Team is preparing residential workshops for all our residential contracts to prepare and plan on a seamless roll-out Date to be completed: Ongoing since January 2022 Regulatory Requirement and Description Back up Action Plan: OPTION B 14 CCR section 18984.1 Three- Container Organic Waste Collection Services Proposed Schedule The City will continue to negotiate in good faith, with the goal being to have all violations remedied by July 1, 2022. If the City is not successful, we will also begin developing an RFP process for fully compliant residential services, with the target date for award being the earliest date we can terminate our franchise agreement and reasonably conduct a transition in service. The existing franchise agreements expire August 2023. TASK 1: Procure the services of a consultant to assist the city develop a Request for Proposal to secure waste hauling services that fully meet the requirements of SB1383. The City’s FY 21-22 Budget includes funding to procure a consultant. Date to be completed: June 2022 TASK 2: Execute an Agreement with a consultant to begin to develop solicitation materials for the City. 1.City Council approval of the agreement. 2.Award of consulting contract. 3.Execute Purchase Order/Requisition. Date to be completed: July 2022 TASK 3: Work with the consultant to develop bid solicitation materials, evaluation, award of contract. August 2022-December 2022 •Release RFP for Waste Hauling Services for fully compliant SB1383 programs, reporting and monitoring. January 1, 2023 •Review of Solicitation of Proposals for waste hauling services January 2023-March 1, 2023 •Interviews-short list of top Solicitation responses.January 2023-March 1, 2023 •Award of contract.March 2023-May 2023 TASK 4: Transition to new services August 2023- no later than December 2023 7 EXHIBIT A 4.6.b Packet Pg. 55 Regulatory Requirement and DescriptionAction: 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services Proposed Schedule TASK 1: The recordkeeping requirements for compliance with organicwaste collection services will be complete once a residential program is established. 1.The franchise agreements require monthly, quarterly andannual diversion reports. This will continue and willeventually include the residential program waste streamtransported to Tulare. Date to be completed: July 1, under the option A plan listed above. Regulatory Requirement and DescriptionAction: 14 CCR section 18984.5 Container Contamination Minimization Proposed Schedule TASK 1: The container contamination minimization will be properly documented once the new residential waste collection service is in place. Date to be completed: July 1, under the option A plan listed above. Regulatory Requirement and DescriptionAction: 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning Proposed Schedule TASK 1: The organic waste recycling capacity planning will be properly documented once the new residential waste collection service is in place. •VVS will be taking the organic waste to Puente Hills. Valley Vista is in the process of converting and expanding their GCR operation to process organic waste; specifically food waste. Date to be completed: July 1, under the option A plan listed above. 8 EXHIBIT A 4.6.b Packet Pg. 56 Regulatory Requirement and Description Action14 CCR section 18991.1. Jurisdiction Edible Food Recovery Proposed Schedule TASK 1: Abound Food Care has prepared a proposal for the City. Currently discussing implementation timeline and schedule of service start dates. Date to be completed: July 2022 TASK 2: Execute Agreement with Abound Food Care, prepare outreach. Date to be completed: July 2022 Regulatory Requirement and Description Action14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target. The Municipal Code includes a section referencing an adopted a recycled content ordinance. Proposed Schedule TASK 1: Review of existing purchasing policies related to recycled content products. Date to be completed: September 2022 Task 2: Draft internal purchasing administrative rule to guide staff on procurement targets that are part of SB1383. September 2022 TASK 3: Include the additional requirements in the franchise (as an amendment) or other agreement. Date to be completed: 9 EXHIBIT A 4.6.b Packet Pg. 57 17445 E. Railroad St., City of Industry, CA 91748 800-442-6454 customerservice@myvvs.com ValleyVistaServices.com VISIT US! Curbside Food WasteCurbside Food Waste Recycling GuideRecycling Guide INCLUDE THE FOOD WITH GREEN WASTE Kitchen PailTips Empty food scraps into green waste cartEmpty food scraps into green waste cart often.often. Wrap food items, like meat and fish, inWrap food items, like meat and fish, in newspaper and store it in the freezer untilnewspaper and store it in the freezer until collection day.collection day. Wash kitchen pail in the dishwasher or byWash kitchen pail in the dishwasher or by hand.hand. Use smartphone to scan for additional resources: Nearly 40%Nearly 40% of all residential waste produced is organic material that can be composted. Composting food scraps creates a nutrient-rich soil enhancement and prevents carbon emissions that occur when food breaks down in the landfill. Look inside for 3 simple steps to helpLook inside for 3 simple steps to help you succeed in collecting food scraps.you succeed in collecting food scraps. 10 EXHIBIT A 4.6.b Packet Pg. 58 Empty PlaceTHREE EASY STEPS LEAVE ITOUT CAT LITTER/ PET WASTE COFFEE CUPS & K-CUPS "COMPOSTABLE" OR "BIODEGRADABLE" TAKEOUT CONTAINERS AND UTENSILS CORKS DIAPERS FACIAL TISSUE FAST-FOOD WRAPPERS GLASS LARGE AMOUNTS OF GREASE & OIL LIQUIDS METAL PACKAGING PAPER PLATES, CUPS AND CARTONS PLASTIC BAGS STYROFOAM TAKEOUT CONTAINERS WAX PAPER Vegetable & Fruits Peels and pits(remove stickers) Coffee grounds &filters Paper tea bags(remove staple) Leftover scraps Spoiled food Plate scrapings Food-soiled paper WHAT GOES IN THE PAIL Meat, poultry andbones Fish and shellfish Eggs and eggshells Cheese and dairyproducts Bread & bakedgoods Pasta, rice, cerealsand grains Beans, legumes,nuts and seeds Line kitchen pail in a convenient place. pail with a plastic bag and place all food scraps inside. tied bag of food scraps into your green waste cart. 11 EXHIBIT A 4.6.b Packet Pg. 59 SB 1383 - Preparing for New Statewide Mandatory Organic Waste Collection Regulation What is the new law? The California State Legislature passed Senate Bill 1383 (SB 1383) which requires cities and counties to reduce organic waste disposal by 75% by 2025. Beginning January 1, 2022, all California residents, businesses, and multifamily complexes will be required to separate food waste and yard waste from their trash and recycle in a separate organics cart. SB 1383 Goal: Reduce organic materials going to the landfill, decrease greenhouse gas emissions, and slow climate change. What should I expect? 1.In the near future, you may be directed to recycle food scraps with your yard trimmings in your existing green waste container. 2.Continue to Recycle Right - see the Guide below. 3.Check the Lid for instructions on how to use the carts correctly and avoid contamination. 4.Sign up for a My WM profile to manage your account and receive important information and tips about your services. What Goes in the Organics Cart:What Goes in the Recycling Cart:What Goes in the Trash Cart: DO NOT INCLUDE: NO LOOSE PLASTIC BAGS NO SERVEWARE NO PLASTIC CONTAINERS NO FOAM CONTAINERS NO HAZARDOUS WASTE DO NOT INCLUDE: NO LOOSE PLASTIC BAGS NO FOAM CONTAINERS NO CLOTHING, FURNITURE, CARPET NO HAZARDOUS WASTE DO NOT INCLUDE: NO HAZARDOUS WASTE NO ELECTRONICS NO BATTERIES, TIRES OR PAINT NO FLAMMABLE MATERIAL FOOD WASTE & FOOD SOILED PAPER PLASTIC BOTTLES & CONTAINERS GARDEN HOSE YARD WASTE FOOD & BEVERAGE CANS BROKEN CERAMIC DISHES & POTS GLASS BOTTLES & CONTAINERS CANDY, SNACK & FOOD WRAPPERS FOOD & BEVERAGE CARTONS CHIP BAGS PAPER DIAPERSFLATTENED CARDBOARD & PAPERBOARD FOAM CONTAINERS Place organics materials directly into your organics cart - don’t bag your organics materials.Place recyclables directly into your recycling cart - don’t bag your recyclables. 12 EXHIBIT A 4.6.b Packet Pg. 60 Will my containers change? SB 1383 requires that carts be uniform colors across the state by 2036. Eventually carts will have dark grey bodies with different colored lids – a green lid for organics, blue lid for recycling and black lid for trash. We will make these cart changes gradually to minimize disruption and control costs in your community. When it comes time to replace carts, watch for the new color scheme. Make sure you ‘Check the Lid’ for instructions on to use the carts correctly and avoid contamination. What is contamination? Contamination occurs when you place non-acceptable items in the wrong cart. Contaminants can ruin an entire load of organics or recyclables and prevent these materials from going on to have a second life. Loose plastic bags and bagged materials in organics and recycling containers are the most common contaminants. Please empty your organics and recyclable materials directly into your organics or recycling carts to give them the best chance of becoming new products. How will I know if I’m using my carts correctly? SB 1383 requires that carts be monitored for contamination and that an education and enforcement program be in place to help residents recycle properly. We will use our WM Smart TruckSM technology to help your community comply with this part of the law. What is WM Smart TruckSM technology? WM trucks are fitted with cameras to capture footage of your carts as they are emptied. Beginning in January 2022, you may receive a notice if contamination is identified in your recycling or organics cart, or if any of your carts are overfilled and the lid does not close. If contamination or overages become excessive, fees may apply. Where can I learn more? • Create a My WM profile online to put you in control of your WM account. Scan the QR code or visit https://www.wm.com/us/en/user/register to create your profile today. • For more information about the law, visit California Department of Resources Recycling and Recovery (CalRecycle) website at www.calrecycle.ca.gov/organics/slcp/. • For updates and further information on how to Recycle Right, visit wm.com/recycleright Organics Recyclables Trash FOOD WASTE AND FOOD SOILED PAPER YARD WASTE ALWAYS COMPOST IN YOUR GREEN ORGANICS CART: NO SERVEWARE NO PLASTIC CONTAINERS NO FOAM CONTAINERS NO HAZARDOUS WASTE NO LOOSE PLASTIC BAGS NO BAGGED MATERIALS © 2021 WM Intellectual Property Holdings, LLC. DO NOT INCLUDE THESE ITEMS 13 EXHIBIT A 4.6.b Packet Pg. 61 Agenda #: 5.1 Meeting Date: March 1, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: PUBLIC HEARING TO RECEIVE TESTIMONY ABOUT COMMUNITIES OF INTEREST AND OTHER LOCAL FACTORS THAT SHOULD BE CONSIDERED WHEN DRAWING DISTRICT MAPS. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Open the public hearing and receive public input on district boundaries. FINANCIAL IMPACT: Significant staff time will be required to transition to district-based elections and to administer the process including the need for at least five public hearings. Transitioning to district-based elections also involves the services of a demographer. Additionally, the City will be required to reimburse the Southwest Voter Registration Education Project for its documented costs, up to $30,000. However, such expenses would likely be significantly lower than the costs of litigating the threatened lawsuit if district-based elections are not approved. BACKGROUND: Since incorporation in 1989, registered voters in Diamond Bar have elected City Council members using an “at-large” system in which all members are elected by all registered voters to provide city-wide representation. In 2001, the state legislature approved the California Voting Rights Act (CVRA), modifying burden of proof requirements contained in the federal Voting Rights Act of 1965 to make it easier for plaintiffs to challenge at- large voting systems. The CVRA prohibits an agency from using at-large elections if it impairs the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA includes the imposition of district-based elections by a court as a remedy to violations of the Act, and requires the government agency to pay all legal and court fees should the plaintiff prevail in court. 5.1 Packet Pg. 62 Demand to Convert to District Elections In a letter received January 13, 2022, Mr. Kevin Shenkman, counsel representing the Southwest Voter Registration Education Project (SVREP), alleges that the City’s at- large elections system violates the CVRA because it results in racially polarized voting that dilutes the impact of Latino voters. The letter demands that Diamond Bar voluntarily change its at-large system for electing City Council members to a district-based system to avoid litigation. Mr. Shenkman has sent similar demand letters to cities, school districts and special districts across the state and has successfully sued governmental agencies under similar allegations. The majority of agencies receiving the letter have avoided litigation by voluntarily transitioning from at-large to district-based elections citing the cost of legal defense and potential liability for significant attorney’s fees and settlement costs if the City’s legal defense is unsuccessful. ANALYSIS: The CVRA Imposes Significant Costs of Litigating The CVRA, codified as Elections Code sections 14025 et seq., became law on January 1, 2003. The declared purpose of the CVRA is to prevent the disenfranchisement of protected classes, which are broadly defined to include members of a race, color, or language minority group. Any voter who resides in a city and is a member of a protected class may file a lawsuit for a violation of the CVRA. To succeed, the plaintiff must only show that, as a result of an at-large election, “racially polarized voting” has occurred. “Racially polarized voting” means there is a difference between the choice of candidates preferred by voters in a protected class and candidates preferred by voters in the remainder of the voting population. If the plaintiff prevails in litigation, the CVRA allows for the recovery of significant attorneys’ fees and expert witness fees. On the other hand, even if the city that is sued prevails in the lawsuit, it cannot recover either attorneys’ fees or costs. In addition, the CVRA provides that if a court finds that a violation of the CVRA has occurred, the court shall implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy the violation. The remedy can include the imposition of district maps for the City. The CVRA “Safe Harbor” On September 28, 2016, the Governor signed into law AB 350, which enacted Elections Code section 10010. That legislation established a “safe harbor” from CVRA litigation for cities. Once a city receives a demand letter, it has a period of protection from litigation to assess its situation, and then to proceed with the transition to district-based elections. In Diamond Bar’s case, the initial CVRA safe harbor period of protection ran until February 27, 2022. But because the City Council adopted Resolution 2022-10 stating its intention to transition to district-based elections on February 17, 2022, then a CVRA 5.1 Packet Pg. 63 lawsuit could not be filed for an additional 90-day period, or until May 18, 2022. And under AB 350, the City’s liability would be capped at $30,000 if it utilizes the safe harbor provisions and subsequently adopts an ordinance establishing district-based elections by May 18, 2022. Setting District Boundaries Prior to adopting an ordinance establishing district-based elections, the City Council is required to establish district boundaries and the sequencing of district elections. California Elections Code section 10010 sets forth the City Council public hearing process for establishing district boundaries and the sequencing of district elections. This process requires a series of noticed public hearings during which the public has a right to provide input on proposed district boundaries. Specifically, the City must hold at least two “clean slate” hearings at which the public can provide input on district boundaries before any maps are prepared. Thereafter, the City must hold at least two more public hearings to consider draft maps. Finally, the City must hold a public hearing at which the map is adopted and the sequencing of district elections is established. The map and sequencing would be approved by City ordinance. The purpose of the first two public hearings is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A “community of interest” is a “contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation.” These may include a neighborhood or group that would benefit from being in the same district because of shared interests, views, cultures, histories, languages, and values and whose boundaries can be identified on a map. Possible community features include, but are not limited to: • Shared interests in schools, housing, community safety, transit, health conditions, land use, environmental conditions, and/or other issues. • Common social and civic networks, including churches, mosques, temples, home-owner associations, and community centers, and shared use of community spaces, like parks and shopping centers. • Racial and ethnic compositions, cultural identities, and households that predominantly speak a language other than English. • Similar socio-economic status, including but not limited to income, home ownership, and education levels. • Shared political boundary lines from other jurisdictions, such as school districts, community college districts, and water districts. In creating the district boundaries, the City must ensure compliance with the following federal and state mandated criteria: 5.1 Packet Pg. 64 Federal Laws: 1. Each council district shall contain a nearly equal population (based on total population of residents as determined by the most recent Federal decennial Census and adjusted by the State to reassign incarcerated persons to the last known place of residence); and 2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act. No council district shall be drawn with race as the predominate factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny. California Criteria for Cities (to the extent practicable and in the following order of priority): 1. Geographically contiguous (areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or ferry service are not contiguous). 2. Undivided neighborhoods and "communities of interest" (Socio-economic geographic areas that should be kept together for purposes of its effective and fair representation). 3. Easily identifiable boundaries. 4. Compact (do not bypass one group of people to get to a more distant group of people). 5. Prohibited: “Shall not favor or discriminate against a political party.” Other Traditional Districting Principles: 1. Respect voters' choices / continuity in office. 2. Future population growth. Adopting an Ordinance Transitioning to District-Based Elections Transitioning to district-based elections is effectuated by the City Council enacting an ordinance pursuant to Government Code section 34886, provided that the ordinance includes a declaration that it is being adopted to further the purposes of the CVRA. Under this method, the City Council would need to determine whether it wants to have a mayor elected at-large, with the remaining seats chosen through a district-based election process (with four, six, or eight voting districts). If the City Council chooses not to have a mayor elected at-large, it has the option of establishing five, seven, or nine voting districts. (Govt. Code 34871). These decisions will be made by the City Council based on information from the public hearings, and other appropriate considerations at its future meetings. Community Engagement To encourage public participation in the first hearing, this meeting has been publicly noticed and public education and engagement materials have been posted on the City 5.1 Packet Pg. 65 website and social media channels. A series of public workshops is planned to encourage resident participation in the process and collect testimony. Next Steps A second public hearing of this nature will be held March 15, 2022. The public input compiled from both public hearings and any other public correspondence received between will be used by the consultant to draft initial district maps. It is expected that the public hearing to discuss the proposed maps will be held April 5, 2022. LEGAL REVIEW: The City Attorney has reviewed and approved this report. PREPARED BY: REVIEWED BY: 5.1 Packet Pg. 66 Agenda #: 6.1 Meeting Date: March 1, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSIDERATION TO ESTABLISH A CITY COUNCIL SUBCOMMITTEE TO COORDINATE WITH THE INLAND VALLEY HUMANE SOCIETY. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Discuss and take action as deemed appropriate. FINANCIAL IMPACT: None. BACKGROUND/ANALYSIS: As part for the Mid-Year Budget Review discussion at the February 15, 2022 City Council meeting, interest was expressed in forming a Council Subcommittee to coordinate with the Inland Valley Humane Society (IVHS) on matters of mutual interest. There are a number of City Council Liaison assignments to various agencies and organizations such as the Chamber of Commerce, DB Community Foundation, Library, Senior Groups and School Districts. Since IVHS operates as a not-for-profit organization, one option would be for the Council to create a Liaison Committee to IVHS and for the Mayor to make such appointments for ratification by the Council. Alternatively, the City Council has a standing Public Safety Committee that is typically comprised of the Mayor and Mayor Pro Tem. Matters related to animal control services fall within the realm of public safety and are reported and budgeted under the Public Safety category along with law enforcement, fire and emergency preparedness. This existing Committee could be utilized to coordinate with IVHS in lieu of forming a new Liaison Committee as mentioned above. It is recommended that the City Council discuss and take action as deemed appropriate to form a new IVHS Liaison Committee and make appointments to such, or utilize the 6.1 Packet Pg. 67 existing Public Safety Committee to coordinate with IVHS. LEGAL REVIEW: City Attorney has reviewed and approved this item as to form. PREPARED BY: REVIEWED BY: 6.1 Packet Pg. 68