HomeMy WebLinkAbout2022.03.15 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, March 15, 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 recommended.
How to Observe the Meeting From Home:
The public can observe the meeting by calling +1 (562) 247 -8422, Access Code: 333-517-159 OR visit:
https://attendee.gotowebinar.com/register/3652144841505930765.
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 s oon 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/3652144841505930765. 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/3652144841505930765 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 15, 2022
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Shaykh Nomaan Baig, Institute of
Knowledge
ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem Chou,
Mayor Low
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Certificate in Recognition of Reaching 100 Years – Armando Macias
1.2 New Business of the Month – Fred Astaire Dance Studio
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. 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
MARCH 15, 2022 PAGE 2
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.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Tres Hermanos Conservation Authority Board of Directors Regular
Meeting – March 16, 2022 – 6:00 p.m., online teleconference and
Windmill Room, 21810 Copley Dr.
4.2 Planning Commission Meeting – March 22, 2022 – 6:30 p.m. online
teleconference and Windmill Room, 21810 Copley Dr.
4.3 Community Workshop on Transitioning to District-Based Elections –
March 23, 2022 – 6:30 pm online teleconference.
4.4 Parks and Recreation Commission Meeting – March 24, 2022 – 6:30
p.m. online teleconference and Windmill Room, 21810 Copley Dr.
4.5 City Council Meeting – April 5, 2022, 6:30 p.m. online teleconference
and Windmill Room, 21810 Copley Dr.
5. 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.
5.1 CITY COUNCIL MINUTES OF THE FEBRUARY 17, 2022 SPECIAL
MEETING AND THE MARCH 1, 2022 REGULAR MEETING.
5.1.a February 17, 2022 City Council Minutes
5.1.b March 1, 2022 City Council Minutes
Recommended Action:
Approve the February 17, 2022 Special and March 1, 2022 Regular City
Council meeting minutes.
Requested by: City Clerk
5.2 RATIFICATION OF CHECK REGISTER DATED FEBRUARY 23, 2022
THROUGH MARCH 8, 2022 TOTALING $1,111,995.85.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
MARCH 15, 2022 PAGE 3
5.3 TREASURER'S STATEMENT
Recommended Action:
Approve the February 2022 Treasurer’s Statement.
Requested by: Finance Department
5.4 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH
ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY
COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES
SUBJECT TO STATE OPEN MEETING LAWS.
Recommended Action:
Adopt Resolution No. 2022-12, providing for continued use of
teleconferencing and other formats as defined and in compliance with
Assembly Bill 361 for meetings of the Diamond Bar City Council, City
Commissions and Subcommittees.
Requested by: City Manager
5.5 AUTHORIZATION TO PURCHASE FOUR (4) HPE NETWORK
SERVERS.
Recommended Action:
Approve and authorize the City Manager to issue a purchase order to
CDWG for the purchase of Four (4) HPE servers in the amount of
$80,324.86.
Requested by: Information Systems
5.6 AUTHORIZATION TO PURCHASE A CISCO 9400 AND CISCO 9300
SWITCH WITH PROFESSIONAL CONFIGURATION AND
INSTALLATION SERVICES.
Recommended Action:
A. Appropriate $26,000 from the Equipment Maintenance and
Replacement Fund (Fund 503) to cover the cost of the equipment
configuration and installation; and
B. Approve and authorize the City Manager to issue a purchase order to
Bird Rock Systems for the purchase of one (1) Cisco 9400 and one (1)
Cisco 9300 switch with professional configuration and installation
services in the amount of $97,078.02
Requested by: Information Systems
MARCH 15, 2022 PAGE 4
6. PUBLIC HEARINGS:
6.1 FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO.
39-2022.
Recommended Action:
Receive presentation, open the Public Hearing to receive testimony, close
the Public Hearing, tabulate all valid ballots received, and take the
following actions:
A. If a majority protest does not exist (i.e., a weighted majority of ballots
cast are in favor of the measure), adopt Resolution 2022-13
(FORMATION) approving the Engineer’s Report, Confirming Diagram
and Assessment, and Ordering Levy of the Landscape Assessment
District No. 39-2022 Assessment for Fiscal Year 2022/23; or
B. If a majority protest does exist (i.e., a weighted majority of ballots cast
are opposed to the measure), adopt Resolution No. 2022-13 (NO-
FORMATION) Certifying the Results of the Ballot Proceeding for
Landscape Assessment District No. 39-2022.
Requested by: Public Works Department
6.2 PUBLIC HEARING TO RECEIVE TESTIMONY ABOUT COMMUNITIES
OF INTEREST AND OTHER LOCAL FACTORS THAT SHOULD BE
CONSIDERED WHEN DRAWING DISTRICT MAPS.
Recommended Action:
A. Open the public hearing and receive public input on district boundaries;
and
B. Provide direction on the preferred makeup of the City Council in a
district-based system.
Requested by: City Manager
7. COUNCIL CONSIDERATION: NONE.
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 5.1
Meeting Date: March 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE FEBRUARY 17, 2022 SPECIAL
MEETING AND THE MARCH 1, 2022 REGULAR MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the February 17, 2022 Special and March 1, 2022 Regular City Council
meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
5.1
Packet Pg. 7
REVIEWED BY:
Attachments:
1. 5.1.a February 17, 2022 City Council Minutes
2. 5.1.b March 1, 2022 City Council Minutes
5.1
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
SPECIAL MEETING
FEBRUARY 17, 2022
CALL TO ORDER: Mayor Low called the Special City Council meeting to
order at 5:00 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
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; Jason Jacobsen, Finance Director;
Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information
Coordinator; Kristina Santana, City Clerk.
APPROVAL OF AGENDA: As presented.
1. PUBLIC COMMENTS:
CC/Santana acknowledged receipt of emails from Andrew Wong (who also
spoke during the meeting) and Sandra Ybanez, copies of which were forwarded
to City Council Members.
Dave Reynolds indicated it appears that the City is caught between a rock and a
hard place and, this looks like another unfunded mandate for the City to be
spending money that could be better spent elsewhere.
Andrew Wong expressed concerns that redistricting would not be fairly
administered and would not accurately represent all constituents within the City,
questioned the consultant’s conclusion about racially polarized voting and
respectfully requested that the consultant’s report be made available to the
public, and suggested that a 10-person ad hoc committee be appointed to serve
as an advisory board.
Upon request by Mayor Low, CC/Santana read the email from Sandra Ybanez
indicating she was not in support of transitioning to by-district elections.
2. COUNCIL CONSIDERATION:
2.1 INTENT OF THE CITY OF DIAMOND BAR TO TRANSITION FROM AT-
LARGE TO BY-DISTRICT ELECTIONS PURSUANT TO CALIFORNIA
ELECTIONS CODE SECTION 10010(e)(3)(A).
5.1.a
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FEBRUARY 17, 2022 PAGE 2 CITY COUNCIL
ACM/McLean presented the staff report.
C/Tye thanked ACM/McLean for a very thorough presentation and felt the
Council was prepared for this based on the previous Closed Session.
While it is to him distasteful and disgusting, he believes there is nothing
that can be done to prevent this from going into effect.
C/Liu agreed that staff research and the presentation was very thorough.
He asked what information would be forthcoming from the consultants.
ACM/McLean responded that staff will make information available via the
City’s website, social media channels, and referred to Schedule A of the
Resolution which contains a timeline of the mandatory meetings and Safe
Harbor provisions. The City may choose to conduct other public
workshops and information would be compiled and presented to the City
Council for its decision-making in how the districts are drawn.
C/Lyons agreed that this is very distasteful and very unfortunate and
agreed with Mr. Reynolds comments. She asked if residents were able to
vote on the matter and ACM/McLean responded that the Safe Harbor
provisions require five public hearings with the City Council during the 90-
day period to make a decision on the map and does not include a public
vote. ACA/Sandoval reiterated the State has made it such that a public
vote is taken away from the people. If the Council were to adopt the
resolution and move forward through the Safe Harbor provision, it gives
the City more opportunity for public input and public participation than it
would if the City were to get sued which would place the matter in the
hands of a judge to resolve.
M/Low asked if the CVRA is biased such that cities and districts in the
State of California move to district voting as opposed to at-large voting
and ACA/Sandoval responded yes. M/Low asked if they have done so by
making it so expensive for cities to fight and ACA/Sandoval responded
that the state legislature eliminated some of the requirements for a plaintiff
to overcome in a Voting Rights Act by lowering the threshold to show
racially polarized voting and mandates the Court to grant attorney’s fees to
successful plaintiffs subject to a lodestar based on a particular civil rights
case, making settlements and judgements for attorney’s fees so high.
M/Low asked if in the case of the letter Diamond Bar received, if a
particular resident would be named that might sue the City and ACA
Sandoval responded that the resident would be identified once litigation is
filed. The letter was sent on behalf of the Southwest Voter Registration
Education Project because these non-profits or interest groups are used to
promote this litigation and if the City Council were to decide to not take
advantage of the safe harbor provision, they would identify a plaintiff and
file litigation in the name of that plaintiff who, in this case, would be a
registered voter of Diamond Bar.
5.1.a
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FEBRUARY 17, 2022 PAGE 3 CITY COUNCIL
M/Low offered that this law as written allows for a non-profit organization
or public interest group to hire lawyers and write letters to cities and try to
enforce the California Voting Rights Act and then at some point, find a
person to be a named plaintiff in a lawsuit making it easy to sue a city,
district, school board or any agency and ACA/Sandoval agreed that
M/Low was correct in her presumption. M/Low stated that in addition, the
legislature has set this up to make it easy for a lawsuit against the city to
succeed and making it so hard for the city to win is because of the fees
that can be collected by a law firm and ACA/Sandoval stated that M/Low
was correct.
M/Low asked ACA/Sandoval to explain “Lodestar” and ACA/Sandoval
stated that the lodestar method refers to a method of computing attorney's
fees whereby a trial court must multiply the number of hours reasonably
spent by trial counsel by a reasonable hourly rate. This figure can then be
adjusted upward or downward for certain factors known as multipliers,
such as contingency and the quality of the work performed, to arrive at a
final fee. Under the lodestar method, the most heavily weighted multipliers
are the time and labor required.
M/Low asked what ratio of disparity would a plaintiff need to show in order
to succeed in their suit against the City and ACA/Sandoval responded that
all they have to show is that there is evidence of racially pluralized voting.
M/Low asked if it was ACA/Sandoval’s legal opinion that if the City Council
voted to adopt the Resolution that the City would win or lose the lawsuit
and ACA/Sandoval responded that there is no way that this case can
successfully be defended. In addition, the California Voting Rights Act has
been challenged on constitutional grounds in federal court and the federal
courts have upheld the law; the law has also been challenged in the State
of California as being an overreach by the legislature and the courts have
upheld the law which is why some cities have had to pay large amounts of
attorney’s fees.
C/Tye felt that the letter represented an ambulance chaser lawyer who
sees an opportunity and will go community to community until everybody
is voting by district and then they go find a plaintiff. C/Tye said there is a
difference between racially polarized voting and being a racially polarized
community and that the Council represented for 24 years by a Hispanic
woman and other minority community members. C/Tye stated that if Mr.
Shenkman is accurate and Diamond Bar is experiencing racially polarized
voting, what he foresees is a possibility that Diamond Bar could have
racially polarized voting by district and ACA/Sandoval responded that
C/Tye’s statement was a fair statement.
C/Tye said he wanted it to be clear that taking this opportunity to utilize
Safe Harbor is the only real choice.
5.1.a
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FEBRUARY 17, 2022 PAGE 4 CITY COUNCIL
C/Liu asked ACA/Sandoval to elaborate on “safe harbor” and what he
would estimate the percentage of a successful challenge might be.
ACA/Sandoval explained the safe harbor provisions and timing of the
public hearing process to transition to district-based elections and
indicated he believes the plaintiff would have a 100 percent chance of
winning the case.
MPT/Chou agreed with Andrew Wong that a matter as important as fair
representation should be in the hands of the people and inquired if the
Council would be able to proceed with a two-track solution by moving
forward with the resolution for establishing districts and at the same time,
consider putting this matter to a vote of the people and ACA/Sandoval
reiterated that in terms of the California Voting Rights Act, in order to be
able to limit the exposure to attorney’s fees, there is no option to consider
a vote of the people due to the mandated time limits.
C/Tye stated that while he believed the right thing would be to vote “no” he
refused to put the City in jeopardy relative to its available resources so he
will hold his nose and vote “yes”. M/Low said she had similar sentiments
on this issue.
C/Lyons moved, C/Liu seconded, to adopt Resolution No. 2022-10 State
the City’s Intent to transition from At-Large to By-District Elections
pursuant to California Elections Code Section 10010(e)(3)(A). 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
2.2 CONSULTING SERVICES AGREEMENT WITH REDISTRICTING
PARTNERS, INC.
ACM/McLean presented the staff report.
C/Tye said he appreciated staff consideration in this matter and said he
was comfortable with staff recommendation and Redistricting Partners’
reputation throughout the state.
C/Liu asked for references from cities similar to Diamond Bar and whether
they will participate in outreach. ACA/McLean responded that both
proposals are from qualified firms and Redistricting Partners, unlike the
other consulting firm, has done more work in the southern part of the state
including work for the cities of Santa Ana, LAUSD, Napa, Carpinteria, San
Jose and Davis and believes both have the ability to provide redistricting
services. The additional items including the base work for public hearings,
safe harbor process and a series of public engagements and outreach
5.1.a
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FEBRUARY 17, 2022 PAGE 5 CITY COUNCIL
options were included in a not-to-exceed amount for the contract.
C/Lyons complimented ACM/McLean for his research and putting this item
together so quickly and thoroughly. She asked ACA/Sandoval if he had
worked with either consulting firm and ACA/Sandoval responded that he
had not.
M/Low said she preferred the contract with Redistricting Partners which
includes several benefits to the community and furthers the goals of
Council in its efforts toward transparency and public participation. She
believes that the community has elected the current Council because they
have faith and trust in the members who occupy these positions who hold
these values close and would not violate the public trust by selecting a
consultant than would doing anything less than what is absolutely fair and
within the law.
C/Liu moved, MPT/Chou seconded, to:
A. Appropriate One Hundred Thousand Dollars ($100,000) from the
General Fund reserve to City Manager Professional Services; and,
B. Approve and authorize the Mayor to sign the Consulting Services
Agreement with Redistricting Partners, Inc.
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
3. COUNCIL COMMENTS:
C/Liu thanked staff for detailed presentations and his colleagues for their
diligence on this matter.
MPT/Chou appreciated M/Low’s comments about this being an open and
transparent process Ultimately, Councilmembers represent the people of
Diamond Bar and do their best to follow the wishes of the people.
M/Low said that as members of the City Council, she and her colleagues are
often called upon to make very difficult decisions and tonight’s decision is
particularly difficult because the City has been backed into a corner and has
been forced to make a decision between a bad result and a worse result for the
City and whether Diamond Bar would be able to prevail in litigation where no
other city has ever prevailed. She thanked ACM/McLean, staff and
ACA/Sandoval for their advice and participation.
5.1.a
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FEBRUARY 17, 2022 PAGE 6 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, Mayor Low adjourned
the Special City Council Meeting at 6:09 p.m.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 15th day of March, 2022.
__________________________
Ruth M. Low, Mayor
5.1.a
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
MARCH 1, 2022
CALL TO ORDER: Mayor Low called the Regular City Council meeting to
order at 6:30 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar,
CA 91765.
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
in person and telephonically.
PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance
INVOCATION: Ab Kastl, Associate Pastor, Landmark Christian
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; David DeBerry, City Attorney;
Ryan McLean, Assistant City Manager; Alfa Lopez, Senior Management Analyst;
Kristina Santana, City Clerk
Staff Present Telephonically: Anthony Santos, Assistant to the City Manager;
Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information
Coordinator; 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
Also Present: Captain Stephen Tousey, LA County Sheriff’s
Department.
APPROVAL OF AGENDA: As presented.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: NONE
2. PUBLIC COMMENTS:
Raphael Plunkett indicated that she would like to speak on Item 5.1.
Pui-Ching Ho, Diamond Bar Librarian announced the library would be open on
weekends and spoke about library programs and events scheduled for the month
of March.
3. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Calendar of
Future Events.
5.1.b
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MARCH 1, 2022 PAGE 2 CITY COUNCIL
4. CONSENT CALENDAR: C/Lyons moved, MPT/Chou 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 15, 2022.
4.2 RATIFIED CHECK REGISTER DATED FEBRUARY 9, 2022 THROUGH
FEBRUARY 22, 2022 TOTALING $1,516,058.60.
4.3 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF
JANUARY 2022.
4.4 APPROVED SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH MV CHENG & ASSOCIATES, INC. FOR
TEMPORARY ACCOUNTING STAFFING SERVICES.
4.5 ADOPTED THE PROCLAMATION DECLARING MARCH AS AMERICAN
RED CROSS MONTH.
4.6 ADOPTED RESOLUTION NO. 2022-11, APPROVING AND
AUTHORIZING THE CITY MANAGER TO SUBMIT A NOTIFICATION OF
INTENT TO COMPLY WITH CALRECYCLE SB1383 REGULATION
REQUIREMENTS, AND DIRECTED THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ANY RELATED DOCUMENTS.
6. COUNCIL CONSIDERATION:
6.1 CONSIDERATION TO ESTABLISH A CITY COUNCIL SUBCOMMITTEE
TO COORDINATE WITH THE INLAND VALLEY HUMANE SOCIETY.
CM/Fox presented the staff report.
MPT/Chou recommended this item be referred to the Public Safety
Committee.
C/Lyons said she would agree to refer this item to the Public Safety
Subcommittee if the issues could be addressed immediately.
CM/Fox confirmed that Public Safety can meet as-needed.
C/Tye and C/Liu agreed that C/Lyons should be involved in negotiations
5.1.b
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MARCH 1, 2022 PAGE 3 CITY COUNCIL
due to her familiarity with the matter. C/Lyons said that while she has
been involved, she feels comfortable that members of the Public Safety
Committee are capable of handling the matter.
M/Low believes that while Public Safety and Liaison Committees serve
valuable functions she views animal control as a separate issue and
C/Lyons has an interest in getting answers to Council’s questions.
M/Low asked for public comments.
Nikole Bresciani, President/CEO, Inland Valley Humane Society & SPCA
stated that IVHS never requested an allocation and the IVHS contract is
only subject to a CPI index escalator would take effect July 1, 2022.
M/Low closed public comments.
Responding to C/Tye, CM/Fox explained that the $110,000 appropriation
at mid-year budget was based upon staff calculation for what would be
needed for the balance of the fiscal year based on current revenue
estimates which are credits to the overall contract amount.
Following discussion, M/Low moved, C/Lyons seconded, to establish a
subcommittee to coordinate with the Inland Valley Humane Society and
appoint C/Lyons and M/Low to serve on the subcommittee. 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
5. PUBLIC HEARINGS: (7:00 P.M.)
5.1 PUBLIC HEARING TO RECEIVE TESTIMONY ABOUT COMMUNITIES
OF INTEREST AND OTHER LOCAL FACTORS THAT SHOULD BE
CONSIDERED WHEN DRAWING DISTRICT MAPS.
ACM/McLean presented the initial staff report and announced scheduled
Public Hearing dates for the purpose of obtaining public testimony on
factors that impact the drawing of district boundaries before the district
maps are prepared for consideration and a series of four Public
Workshops are scheduled to collect additional public input and
engagement.
Joe Armenta, Redistricting Partners, provided a detailed presentation on
the California Voting Rights Act, Districting process, communities of
interest, how maps are drawn in compliance with State and Federal Laws,
and how the public can participate in the process at public hearings and
5.1.b
Packet Pg. 17
MARCH 1, 2022 PAGE 4 CITY COUNCIL
via online tools that will be launched on the City’s website and at public
workshops as detailed by ACM/McLean.
M/Low opened the Public Hearing.
Raphael Plunkett said she and her husband appreciated the efforts of
ACM/McLean and staff to provide clarity regarding this very confusing
issue. She asked several specific questions regarding the districting
process.
Allen Wilson said he believes the Council should be kept at five members
with rotation of Mayor and Mayor Pro Tem positions. He believes the City
should hold a primary as well as, general election. Also, there should not
be too many seniors in one district because seniors tend to be high
propensity voters. He reiterated his concern about virtual meetings for
individuals like him who have hearing disabilities and due to time
constraints, this issue should be put off until 2024.
Bruce Chaike said he did not hear anything about how to handle changes
over time should the demographics and/or other criteria change.
CC/Santana acknowledged receipt of an email from Hanna Kang which
was forwarded to the City Council and made available to the public upon
entering tonight’s meeting.
M/Low closed the Public Hearing.
MPT/Chou asked Mr. Armenta how he planned to reach out to non-
English speaking community members. Mr. Armenta explained that staff
is looking to provide multi-language materials and translation services for
public meetings and ACM/McLean added that staff is looking at providing
translation services to the print and digital media comparable to that
provided during ballot season.
MPT/Chou asked if after adopting the maps the City had the option of
postponing the first district-based election to a later election year.
ACM/McLean and CA/DeBerry confirmed that the City would need to
proceed with the next election in November 2022 and that the process
could not be put off until 2024 if the Council wished to reap the benefits of
the Safe Harbor provision to cap the exposure to the $30,000.
CA/DeBerry responded to MPT/Chou that with respect to sequencing, it
cannot be developed so that it terminates any Council Member’s term
short. CA/DeBerry advised the Council not to discuss sequencing during
this meeting because it is scheduled to be discussed during the third
meeting.
C/Lyons asked if the form was online and printed and Mr. Armenta
responded that it was planned to be made available both online and at in-
person events. Individuals may submit as many forms as they would like
5.1.b
Packet Pg. 18
MARCH 1, 2022 PAGE 5 CITY COUNCIL
and would not be asked to provide an address. C/Lyons asked how the
forms would be monitored and ACM/McLean responded that rather than
the form being a ballot, it is an opportunity for people to provide comments
to the Council to determine what they believe to be of importance and
valid and base their decisions accordingly. CA/DeBerry said there is no
prohibition on people from outside of the community participating in this
process
C/Liu asked how the information is weighted and Mr. Armenta explained
that the maps will initially be drawn based on public input and Council
input. His firm will provide three versions for consideration using the
public mapping tool and that information will be used in making the
mapping decisions.
MPT/Chou asked how the Council will know that the maps they are
presented are a result of the comments from the people if the comments
are not available to the Council. ACM/McLean responded that as Mr.
Armenta stated, there will be a presentation that outlines all of the factors
that resulted in each of the proposed maps.
CA/DeBerry responded to M/Low that race cannot be the predominate
factor in drawing a map but it can be a factor under the Federal Voting
Act. M/Low asked if when the maps are drawn there will be a list of
characteristics that would be considered and CA/DeBerry responded yes.
Redistricting Partners will create maps based on public input and the
Council will likely be presented with maps drawn by the public, and
Redistricting Partners will let the City Council know whether those maps
are in compliance with the California Voting Rights Act.
M/Low asked for a review of the time that the City Council has to complete
this process and CA/DeBerry explained that the timeframe is extremely
short and the hearing dates have been pushed out as far as possible while
remaining in compliance within the Safe Harbor provisions.
7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye thanked first responders and the Red Cross for all they do and did for
residents and the community in their response to the recent Prospectors fire.
C/Lyons reported that she and MPT/Chou attended the groundbreaking for the
Diamond Bar Walnut Elementary School’s multi-purpose room and three new
classrooms. On Thursday she attended a safety recognition event regarding the
Durfee Avenue Grade Separation project in Pico Rivera. She noted Caltrans will
close the northbound 57 from Diamond Bar Boulevard to Pathfinder Road for
pavement replacement on this coming Friday, Saturday and Sunday She asked
everyone to keep the citizens of Ukraine in their thoughts and prayers.
5.1.b
Packet Pg. 19
MARCH 1, 2022 PAGE 6 CITY COUNCIL
C/Liu thanked staff for their presentations and the public for their input and
feedback, appreciates the Diamond Bar Library being open on weekends, parks
reopening and prays for peace in Ukraine.
MPT/Chou thanked staff for tonight’s presentation and agreed with M/Low that
Council will do its job in a timely fashion and see redistricting through with all
voices being heard. March is Women’s History Month and as a father of a young
daughter, he hopes everyone commits to raising daughters to be fierce leaders.
M/Low thanked ACM/McLean and staff for the excellent presentation.
Redistricting is a very complex and compacted process and she appreciates staff
efforts. In honor of Women’s History Month she celebrates her heroine, Madam
Currie, and asked that everyone keep the people of Ukraine in their hearts and
prayers. Beginning tomorrow, she, C/Tye and MPT Chou will travel to
Sacramento to join in the Contract Cities Legislative Tour and ask legislators to
advocate for Diamond Bar issues.
ADJOURNMENT: With no further business to conduct, Mayor Low adjourned
the Regular City Council Meeting at 7:49 p.m.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 15th day of March, 2022.
__________________________
Ruth M. Low, Mayor
5.1.b
Packet Pg. 20
Agenda #: 5.2
Meeting Date: March 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED FEBRUARY 23, 2022
THROUGH MARCH 8, 2022 TOTALING $1,111,995.85.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,111,995.85.
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 23, 2022 through March
8, 2022 totaling $1,111,995.85 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:
5.2
Packet Pg. 21
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit - 3-15-2022
2. 5.2.b Check Register 3-15-2022
5.2
Packet Pg. 22
5.2.a
Packet Pg. 23
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4506 2/23/2022 SOUTHERN CALIFORNIA EDISON 1000 S. LEMON (01.13.22 - 02.10.22) 238638 52210 $18.32
CHECK TOTAL $18.32
4507 2/23/2022 SOUTHERN CALIFORNIA EDISON 20980 E CANYON RIDGE (01.12.22 -
02.09.22)
241641 52210 $17.43
CHECK TOTAL $17.43
4508 2/23/2022 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY (01.12.22 -
02.09.22)
241641 52210 $17.43
CHECK TOTAL $17.43
4509 2/23/2022 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON (01.12.22 -
02.09.22)
100630 52210 $17.62
CHECK TOTAL $17.62
4510 2/25/2022 SOUTHERN CALIFORNIA EDISON 2025 DIAMOND BAR BLVD (01.14.22 -
02.13.22)
238638 52210 $18.76
CHECK TOTAL $18.76
4511 2/25/2022 SOUTHERN CALIFORNIA EDISON 2746 BREA CANYON RD (01.14.22 -
02.13.22)
238638 52210 $18.76
CHECK TOTAL $18.76
4512 2/25/2022 SOUTHERN CALIFORNIA EDISON CITY HALL (01.14.22 - 02.13.22) 100620 52210 $10,278.36
CHECK TOTAL $10,278.36
4513 2/25/2022 SOUTHERN CALIFORNIA EDISON 22745 SUNSET CROSSING RD (01.14.22 -
02.13.22)
238638 52210 $18.76
CHECK TOTAL $18.76
4514 2/25/2022 SOUTHERN CALIFORNIA EDISON 3564 BREA CANYON RD (01.14.22 -
02.13.22)
238638 52210 $18.76
CHECK TOTAL $18.76
4515 3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
100220 50062 $138.90
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
239 21106 $207.61
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
225 21106 $399.12
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
238 21106 $410.38
5.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
201 21106 $519.11
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
250 21106 $1,052.11
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
206 21106 $1,108.60
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
105220 50048 $1,490.00
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
207 21106 $1,532.43
3/4/2022 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
MARCH 2022
100 21106 $45,471.73
CHECK TOTAL $52,329.99
4516 3/4/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE
FOR 03/04/2022
238 21118 $5.35
3/4/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE
FOR 03/04/2022
239 21118 $5.35
3/4/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE
FOR 03/04/2022
207 21118 $12.74
3/4/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE
FOR 03/04/2022
250 21118 $25.50
3/4/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE
FOR 03/04/2022
206 21118 $42.87
3/4/2022 TASC FLEX SPENDING MEDICAL & CHILDCARE
FOR 03/04/2022
100 21118 $1,221.58
CHECK TOTAL $1,313.39
4517 3/4/2022 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP PAYROLL CONTRIB & LOAN
PYMTS 03/04/2022
225 21109 $18.00
3/4/2022 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP PAYROLL CONTRIB & LOAN
PYMTS 03/04/2022
239 21109 $179.52
3/4/2022 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP PAYROLL CONTRIB & LOAN
PYMTS 03/04/2022
238 21109 $283.37
3/4/2022 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP PAYROLL CONTRIB & LOAN
PYMTS 03/04/2022
201 21109 $523.88
3/4/2022 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP PAYROLL CONTRIB & LOAN
PYMTS 03/04/2022
207 21109 $650.26
3/4/2022 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP PAYROLL CONTRIB & LOAN
PYMTS 03/04/2022
250 21109 $2,023.95
5.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3/4/2022 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP PAYROLL CONTRIB & LOAN
PYMTS 03/04/2022
206 21109 $2,108.78
3/4/2022 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP PAYROLL CONTRIB & LOAN
PYMTS 03/04/2022
100 21109 $39,401.28
CHECK TOTAL $45,189.04
4518 3/4/2022 CALPERS PENSION CONTRIBUTION PERIOD
02/12/2022-02/25/2022
239 21110 $114.35
3/4/2022 CALPERS PENSION CONTRIBUTION PERIOD
02/12/2022-02/25/2022
225 21110 $162.47
3/4/2022 CALPERS PENSION CONTRIBUTION PERIOD
02/12/2022-02/25/2022
238 21110 $191.51
3/4/2022 CALPERS PENSION CONTRIBUTION PERIOD
02/12/2022-02/25/2022
201 21110 $401.69
3/4/2022 CALPERS PENSION CONTRIBUTION PERIOD
02/12/2022-02/25/2022
207 21110 $738.50
3/4/2022 CALPERS PENSION CONTRIBUTION PERIOD
02/12/2022-02/25/2022
206 21110 $1,069.41
3/4/2022 CALPERS PENSION CONTRIBUTION PERIOD
02/12/2022-02/25/2022
250 21110 $1,326.32
3/4/2022 CALPERS PENSION CONTRIBUTION PERIOD
02/12/2022-02/25/2022
100 21110 $30,614.36
CHECK TOTAL $34,618.61
4519 3/8/2022 AFLAC SUPP INSURANCE PREMIUM FOR
FEBRUARY 2022
201 21117 $6.02
3/8/2022 AFLAC SUPP INSURANCE PREMIUM FOR
FEBRUARY 2022
207 21117 $17.77
3/8/2022 AFLAC SUPP INSURANCE PREMIUM FOR
FEBRUARY 2022
250 21117 $62.93
3/8/2022 AFLAC SUPP INSURANCE PREMIUM FOR
FEBRUARY 2022
206 21117 $306.39
3/8/2022 AFLAC SUPP INSURANCE PREMIUM FOR
FEBRUARY 2022
100 21117 $2,046.68
CHECK TOTAL $2,439.79
4520 3/8/2022 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (FEB) 100630 52320 $70.00
3/8/2022 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (FEB) 100510 52320 $105.00
3/8/2022 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (FEB) 100620 52320 $120.00
5.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $295.00
4521 3/8/2022 ROBYN A BECKWITH FEBRUARY PLANT MAINTENANCE (DBC
& HERITAGE)
100510 55300 $335.00
3/8/2022 ROBYN A BECKWITH PLANT MAINTENANCE FOR CITY HALL &
LIBRARY IN FEB
100620 52320 $432.00
CHECK TOTAL $767.00
4522 3/8/2022 BULLSEYE TELECOM INC ANALOG PHONE LINES - FEB 2022 100230 52200 $1,864.46
CHECK TOTAL $1,864.46
4523 3/8/2022 CANTO INC ANNUAL SUBSCRIPTION/FIRST CLASS 100230 52314 $6,063.75
CHECK TOTAL $6,063.75
4524 3/8/2022 CDW GOVERNMENT SERVERS LICENSES - ONE YEAR 100230 52314 $7,063.08
3/8/2022 CDW GOVERNMENT RARITAN KVM SWITCH SUPPORT 100230 52314 $2,065.00
3/8/2022 CDW GOVERNMENT BARRACUDA SECURITY GATEWAY
ANNUAL SUBCRIPTION
100230 52314 $9,766.08
CHECK TOTAL $18,894.16
4525 3/8/2022 CHEM PRO LABORATORY INC QUARTERLY WATER TREATMENT (DBC) 100510 52320 $164.00
3/8/2022 CHEM PRO LABORATORY INC WATER TREATMENT (CITY HALL)
FEBRUARY
100620 52320 $164.00
CHECK TOTAL $328.00
4526 3/8/2022 CHICAGO TITLE COMPANY TITLE REPORT-HOME IMPROVE-HIP272-
20902 MOONLAKE ST
225440 54900 $65.00
CHECK TOTAL $65.00
4527 3/8/2022 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR - CODE ENF
ABATEMENT - JAN 2022
100120 54024 $682.60
CHECK TOTAL $682.60
4528 3/8/2022 DAVID EVANS AND ASSOCIATES
INC
GRAND/GSD INTERSECTION - NOV 2021 301610 56105 $247.86
CHECK TOTAL $247.86
4529 3/8/2022 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
FOR MARCH 2022
250 21105 $1.03
3/8/2022 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
FOR MARCH 2022
206 21105 $1.99
3/8/2022 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
FOR MARCH 2022
207 21105 $1.99
5.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3/8/2022 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
FOR MARCH 2022
100 21105 $135.76
CHECK TOTAL $140.77
4530 3/8/2022 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
MARCH 2022
239 21105 $19.51
3/8/2022 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
MARCH 2022
225 21105 $26.07
3/8/2022 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
MARCH 2022
238 21105 $35.80
3/8/2022 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
MARCH 2022
201 21105 $53.76
3/8/2022 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
MARCH 2022
207 21105 $128.77
3/8/2022 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
MARCH 2022
206 21105 $196.22
3/8/2022 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
MARCH 2022
250 21105 $206.70
3/8/2022 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
MARCH 2022
100 21105 $4,265.33
CHECK TOTAL $4,932.16
4531 3/8/2022 CAROL A DENNIS MINUTE SECRETARY FOR COUNCIL
MEETINGS IN FEB. 2022
100140 54900 $325.00
CHECK TOTAL $325.00
4532 3/8/2022 DENNIS VLASICH CONSULTING SERVICES - LAND MGMT
SYSTEM NOV21-FEB22
503230 56135 $1,952.50
CHECK TOTAL $1,952.50
4533 3/8/2022 DEPT OF TRANSPORTATION TS MAINT- SHARED COST W/CALTRANS -
JUL-SEP 2021
100655 55536 $3,274.07
3/8/2022 DEPT OF TRANSPORTATION TS MAINTENANCE - SHARED
W/CALTRANS OCT-DEC.2021
100655 55536 $3,051.72
CHECK TOTAL $6,325.79
4534 3/8/2022 DS SERVICES OF AMERICA INC BOTTLED WATER (MAR) 100630 51200 $99.25
CHECK TOTAL $99.25
4535 3/8/2022 ECOFERT INC FERTILIZER INJECTION SYSTEM (FEB) 100630 52320 $1,150.00
CHECK TOTAL $1,150.00
4536 3/8/2022 ENVIRONMENTAL SCIENCE
ASSOCIATES
CEQA CONSULTAN SVCS - TTM54081 -
DECEMBER 2021
100 22107 $9,637.50
5.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $9,637.50
4537 3/8/2022 EXTERIOR PRODUCTS CORP ELECTRICAL & LIGHTING SERVICES (FEB) 100630 52320 $5,594.16
3/8/2022 EXTERIOR PRODUCTS CORP ELECTRICAL & LIGHTING SERVICES (FEB) 100510 52320 $7,000.00
3/8/2022 EXTERIOR PRODUCTS CORP ELECTRICAL & LIGHTING SERVICES
(PARKS)
100630 52320 $1,739.21
3/8/2022 EXTERIOR PRODUCTS CORP ELECTRICAL & LIGHTING SERVICES
(PARKS)
100630 55505 $6,471.66
CHECK TOTAL $20,805.03
4538 3/8/2022 FEHR & PEERS TRAFFIC ENGR SUPPORT - SEPT 2021 100615 54410 $840.38
3/8/2022 FEHR & PEERS ON-CALL TRAFFIC ENGR SERVICES -
NOV 2021
100615 54410 $486.68
CHECK TOTAL $1,327.06
4539 3/8/2022 GATEWAY CORP CENTER ASSOC ASSOCIATION DUE FOR MAR & BACK
CHARGE FOR JAN & FE
100620 52400 $3,390.61
CHECK TOTAL $3,390.61
4540 3/8/2022 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (FEB) 100630 55505 $2,450.00
3/8/2022 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (FEB) 100510 55505 $5,400.00
3/8/2022 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (FEB) 100620 52320 $8,724.00
CHECK TOTAL $16,574.00
4541 3/8/2022 HARDY & HARPER INC STORM DRAIN CLEANING (21080
AMBUSHERS ST)
100655 55512 $12,870.00
CHECK TOTAL $12,870.00
4542 3/8/2022 HEATHER JEN CHANG INSTRUCTOR PAYMENT - ART - WS 22 100520 55320 $144.00
CHECK TOTAL $144.00
4543 3/8/2022 HOME DEPOT CREDIT SERVICES PARKS AND BUILDING MAINTENANCE 100620 52320 $117.05
3/8/2022 HOME DEPOT CREDIT SERVICES PARKS AND BUILDING MAINTENANCE 100630 51300 $162.89
3/8/2022 HOME DEPOT CREDIT SERVICES PARKS AND BUILDING MAINTENANCE 100630 52320 $347.07
CHECK TOTAL $627.01
4544 3/8/2022 HOPSCOTCH PRESS INC FEATURED PROPERTY AD 3 100510 52160 $450.00
CHECK TOTAL $450.00
5.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4545 3/8/2022 HR GREEN PACIFIC INC PGP - 2244 INDIAN CREEK 100 22109 $465.00
3/8/2022 HR GREEN PACIFIC INC PLAN CHECK - GRADING/VVTTM54081
CROOKED CREEK
100 22107 $97.00
CHECK TOTAL $562.00
4546 3/8/2022 HUMANE SOCIETY OF POMONA
VALLEY INC
IVHS ANIMAL CONTROL SERVICES IN
JANUARY 2022
100340 55404 $35,231.00
CHECK TOTAL $35,231.00
4547 3/8/2022 INLAND SOCAL MEDIA GROUP
LLC
DBC BRIDAL SHOW AD 100510 52160 $750.00
CHECK TOTAL $750.00
4548 3/8/2022 INTEGRUS LLC RICOH COPY CHARGES - 1/19/22 -
2/18/22
100230 52100 $309.03
CHECK TOTAL $309.03
4549 3/8/2022 ITERIS INC CS - ON-CALL/GRAND & GOLDEN
SPRINGS - SEPT 2021
100615 54410 $6,013.08
3/8/2022 ITERIS INC CS - ON-CALL/GRAND & GOLDEN
SPRINGS - SEPT 2021
207650 54410 $9,620.92
3/8/2022 ITERIS INC CS - ON-CALL/GRAND-GOLDEN
SPRINGS - OCT 2021
100615 54410 $904.77
3/8/2022 ITERIS INC CS - ON-CALL/GRAND-GOLDEN
SPRINGS - OCT 2021
207650 54410 $1,447.63
3/8/2022 ITERIS INC CS - ON-CALL/GRAND-GOLDEN
SPRINGS - NOV 2021 -
100615 54410 $2,595.38
3/8/2022 ITERIS INC CS - ON-CALL/GRAND-GOLDEN
SPRINGS - NOV 2021 -
207650 54410 $4,152.62
3/8/2022 ITERIS INC CS - ON-CALL/GRAND-GOLDEN
SPRINGS - DEC 2021
100615 54410 $1,342.31
3/8/2022 ITERIS INC CS - ON-CALL/GRAND-GOLDEN
SPRINGS - DEC 2021
207650 54410 $2,147.69
CHECK TOTAL $28,224.40
4550 3/8/2022 JIVE COMMUNICATIONS INC CITYWIDE PHONE SERVICE - MARCH
2022
100230 52200 $2,450.59
CHECK TOTAL $2,450.59
4551 3/8/2022 JOE A GONSALVES & SON INC PROFESSIONAL LEGISLATIVE SERV &
FILING FEE IN MAR.
100130 54900 $2,545.00
CHECK TOTAL $2,545.00
5.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4552 3/8/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - 2175 ROCKY
VIEW
100 22109 $379.75
3/8/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - 2244 INDIAN
CREEK
100 22109 $718.75
3/8/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - TR 53430
MILLENNIUM
100 22109 $207.25
3/8/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - LOT 5 - TR 53670 100 22109 $207.25
3/8/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - 22589 PACIFIC
LANE
100 22109 $338.50
3/8/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - 2775 SHADOW
CANYON
100 22109 $411.75
CHECK TOTAL $2,263.25
4553 3/8/2022 KIMLEY HORN AND ASSOCIATES
INC
PLAN CHECK - 850 BREA CANYON RD 100 22109 $3,824.62
CHECK TOTAL $3,824.62
4554 3/8/2022 LOS ANGELES COUNTY PUBLIC
WORKS
INDUSTRIAL WASTE SERVICES 100610 55550 $3,700.02
3/8/2022 LOS ANGELES COUNTY PUBLIC
WORKS
INDUSTRIAL WASTE SERVICES 100610 55550 $4,126.86
3/8/2022 LOS ANGELES COUNTY PUBLIC
WORKS
SUMP PUMP MAINT. SYC CANYON PARK
(THRU JAN)
100630 52320 $252.14
CHECK TOTAL $8,079.02
4555 3/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2021-22 SHERIFF'S DEPT LAW ENF.-
12/21 BURG SUPP
100310 55402 $10,316.87
3/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2021-22 SHERIFF'S DEPT LAW ENF.-
CAV CHAPL 12/21
100310 55402 $9,389.75
3/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2021-22 SHERIFF'S DEPT LAW ENF-STRT
SWEEP 12/21
100310 55402 $384.87
3/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2021-22 SHERIFF'S DEPT LAW ENF. SVS -
01/2022
100310 55400 $597,508.28
3/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2021-22 SHERIFF'S DEPT LAW ENF.-CAV
CHPL 01/22
100310 55402 $11,504.42
CHECK TOTAL $629,104.19
4556 3/8/2022 MANAGED HEALTH NETWORK EAP INSURANCE PREMIUM FOR MARCH
2022
239 21114 $0.37
3/8/2022 MANAGED HEALTH NETWORK EAP INSURANCE PREMIUM FOR MARCH
2022
238 21114 $0.61
5.2.b
Packet Pg. 31
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3/8/2022 MANAGED HEALTH NETWORK EAP INSURANCE PREMIUM FOR MARCH
2022
225 21114 $0.65
3/8/2022 MANAGED HEALTH NETWORK EAP INSURANCE PREMIUM FOR MARCH
2022
201 21114 $1.43
3/8/2022 MANAGED HEALTH NETWORK EAP INSURANCE PREMIUM FOR MARCH
2022
207 21114 $2.57
3/8/2022 MANAGED HEALTH NETWORK EAP INSURANCE PREMIUM FOR MARCH
2022
250 21114 $4.56
3/8/2022 MANAGED HEALTH NETWORK EAP INSURANCE PREMIUM FOR MARCH
2022
206 21114 $4.60
3/8/2022 MANAGED HEALTH NETWORK EAP INSURANCE PREMIUM FOR MARCH
2022
100 21114 $122.01
CHECK TOTAL $136.80
4557 3/8/2022 MCE CORPORATION MONTHLY R.O.W. & VEGETATION SVCS
(JAN)
201655 55530 $2,322.96
3/8/2022 MCE CORPORATION MONTHLY R.O.W. & VEGETATION SVCS
(JAN)
100655 55528 $10,455.10
CHECK TOTAL $12,778.06
4558 3/8/2022 METROLINK METROLINK PASSES - FEBRUARY 2022 206650 55610 $1,011.40
3/8/2022 METROLINK METROLINK PASSES - FEBRUARY 2022 206650 55620 $4,045.60
CHECK TOTAL $5,057.00
4559 3/8/2022 MOBILE RELAY ASSOCIATES INC REPEATER SERVICE FOR EMERGENCY
PREPAREDNESS IN MAR
100350 52300 $78.75
CHECK TOTAL $78.75
4560 3/8/2022 MUNICIPAL CODE
CORPORATION
ELECTRONIC UPDATE TO THE CODE OF
ORDINANCES
100140 54900 $2,578.04
CHECK TOTAL $2,578.04
4561 3/8/2022 NBS GOVERNMENT FINANCE
GROUP
PS - LLAD #39 PUBLIC ENGAGEMENT 239639 54900 $12,773.01
3/8/2022 NBS GOVERNMENT FINANCE
GROUP
PS - LLAD #39 PUBLIC ENGAGEMENT 239639 54900 $10,687.46
CHECK TOTAL $23,460.47
4562 3/8/2022 NORTH AMERICAN YOUTH
ACTIVITIES LLC
CONTRACT CLASS INSTRUCTOR YOUTH
SOCCER
100520 55320 $1,497.60
CHECK TOTAL $1,497.60
4563 3/8/2022 OFFICE SOLUTIONS SUPPLIES - CITY MANAGER 100140 51200 $7.74
5.2.b
Packet Pg. 32
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $7.74
4564 3/8/2022 ONE TIME PAY VENDOR AILEN GUZMAN PICNIC REFUND 100 20202 $100.00
CHECK TOTAL $100.00
4565 3/8/2022 ONE TIME PAY VENDOR ANITA AARONSON SENIOR TRIP REFUND 100 20202 $70.00
CHECK TOTAL $70.00
4566 3/8/2022 ONE TIME PAY VENDOR AZIZULLAH SHARIFF EVENT REFUND 100 20202 $750.00
CHECK TOTAL $750.00
4567 3/8/2022 ONE TIME PAY VENDOR DENISE DAVIS SENIOR TRIP REFUND 100 20202 $60.00
CHECK TOTAL $60.00
4568 3/8/2022 ONE TIME PAY VENDOR GOUTAM MITRA EVENT CANCELED 100 20202 $1,018.05
CHECK TOTAL $1,018.05
4569 3/8/2022 ONE TIME PAY VENDOR JANIS DANAHA SENIOR TRIP REFUND 100 20202 $30.00
CHECK TOTAL $30.00
4570 3/8/2022 ONE TIME PAY VENDOR JEAN QUON SENIOR TRIP REFUND 100 20202 $60.00
CHECK TOTAL $60.00
4571 3/8/2022 ONE TIME PAY VENDOR JUDY CHO RECREATION CLASS REFUND 100 20202 $180.00
CHECK TOTAL $180.00
4572 3/8/2022 ONE TIME PAY VENDOR LINDA CARMONA SENIOR PROGRAM REFUND 100 20202 $40.00
CHECK TOTAL $40.00
4573 3/8/2022 ONE TIME PAY VENDOR LINDA GRAVES SENIOR TRIP REFUND 100 20202 $30.00
CHECK TOTAL $30.00
4574 3/8/2022 ONE TIME PAY VENDOR MARGRET BERNI SENIOR PROGRAM REFUND 100 20202 $40.00
CHECK TOTAL $40.00
4575 3/8/2022 ONE TIME PAY VENDOR MARIA GALVAN SENIOR PROGRAM REFUND 100 20202 $40.00
CHECK TOTAL $40.00
4576 3/8/2022 ONE TIME PAY VENDOR MARIA PINUELAS SENIOR PROGRAM REFUND 100 20202 $45.00
CHECK TOTAL $45.00
4577 3/8/2022 ONE TIME PAY VENDOR PIA NAVAL FACILITY RENTAL 100 20202 $200.00
5.2.b
Packet Pg. 33
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $200.00
4578 3/8/2022 ONE TIME PAY VENDOR REBA TURNER SENIOR TRIP REFUND 100 20202 $60.00
CHECK TOTAL $60.00
4579 3/8/2022 ONE TIME PAY VENDOR SHAILESH MEHTA FACILITY REFUND 100 20202 $3,020.53
CHECK TOTAL $3,020.53
4580 3/8/2022 ONE TIME PAY VENDOR SHIRLEY OBRYMSKI SENIOR TRIP REFUND 100 20202 $30.00
CHECK TOTAL $30.00
4581 3/8/2022 ONE TIME PAY VENDOR WANDA HEBERT SENIOR TRIP 100 20202 $35.00
CHECK TOTAL $35.00
4582 3/8/2022 ONE TIME PAY VENDOR DIAMOND BAR HIGH
SCHOOL LEO CLUB
WINTER SNOW FEST ORGANIZATION
SHARE
100520 55300 $300.00
CHECK TOTAL $300.00
4583 3/8/2022 ONE TIME PAY VENDOR ROTARY CLUB OF
WALNUT VALLEY
WINTER SNOW FEST ORGANIZATION
SHARE
100520 55300 $900.00
CHECK TOTAL $900.00
4584 3/8/2022 PARKWOOD LANDSCAPE
MAINTENANCE INC
WINTER SNOW FEST MAINTENANCE
ASSISTANCE
100520 55300 $1,008.00
CHECK TOTAL $1,008.00
4585 3/8/2022 PROTECTION ONE INC BURGLAR ALARM (DBC) 03.01.22 -
05.31.22)
100510 52320 $171.06
CHECK TOTAL $171.06
4586 3/8/2022 PROTECTION ONE INC BURGLAR ALARM AND EXTENDED
SERVICE (HERITAGE)
100630 52320 $184.57
CHECK TOTAL $184.57
4587 3/8/2022 PROTECTION ONE INC BURGLAR ALARM MONITORING
(HERITAGE)
100630 52320 $142.85
CHECK TOTAL $142.85
4588 3/8/2022 RAYCOM DATA TECHNOLOGIES
INC
SCANNING SERVICES 100130 54900 $9,691.46
CHECK TOTAL $9,691.46
4589 3/8/2022 REINBERGER CORPORATION BUSINESS CARDS FOR NICHOLAS
DELGADO (PUBLIC WORKS)
100140 52110 $173.01
3/8/2022 REINBERGER CORPORATION BUSINESS CARDS FOR JASON FUENTES
(PUBLIC WORKS)
100140 52110 $86.51
5.2.b
Packet Pg. 34
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $259.52
4590 3/8/2022 RELIABLE TRANSLATIONS CORP ELECTION DIST. PUBLIC NOTICE #1
TRANSLATION
100140 54900 $465.00
CHECK TOTAL $465.00
4591 3/8/2022 ROSS CREATIONS SOUND SERVICES- HALLOWEEN PARTY 100520 55300 $122.22
3/8/2022 ROSS CREATIONS SOUND SERVICES- HALLOWEEN PARTY 100520 55300 $777.78
3/8/2022 ROSS CREATIONS SOUND SERVICES- WINTER SNOW FEST 100520 55300 $142.59
3/8/2022 ROSS CREATIONS SOUND SERVICES- WINTER SNOW FEST 100520 55300 $907.41
CHECK TOTAL $1,950.00
4592 3/8/2022 SAN GABRIEL VALLEY
ECONOMIC PARTNER
ANNUAL MEMBERSHIP FROM 4/1/2022 -
3/31/2023
100150 52400 $5,250.00
CHECK TOTAL $5,250.00
4593 3/8/2022 SC FUELS FLEET VEHICLE FUEL 502130 52330 $53.61
3/8/2022 SC FUELS FLEET VEHICLE FUEL 502620 52330 $61.09
3/8/2022 SC FUELS FLEET VEHICLE FUEL 502430 52330 $168.14
3/8/2022 SC FUELS FLEET VEHICLE FUEL 502655 52330 $581.81
3/8/2022 SC FUELS FLEET VEHICLE FUEL 502630 52330 $597.59
CHECK TOTAL $1,462.24
4594 3/8/2022 SCHORR METALS INC BUILDING MAINTENANCE (PARKS) 100630 52320 $651.41
CHECK TOTAL $651.41
4595 3/8/2022 SESAC RIGHTS MANAGEMENT
INC
MUSIC PERFORMANCE LICENSE 100520 55300 $1,040.38
CHECK TOTAL $1,040.38
4596 3/8/2022 SIMPSON ADVERTISING INC DESIGN AND LAYOUT OF MARCH 2022
NEWSLETTER - 6-PGR
100240 54900 $2,275.00
3/8/2022 SIMPSON ADVERTISING INC GRAPHIC DESIGN SERVICES 100240 54900 $775.00
CHECK TOTAL $3,050.00
4597 3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
239 21107 $1.99
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
238 21107 $3.26
5.2.b
Packet Pg. 35
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
225 21107 $3.47
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
239 21113 $7.44
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
225 21113 $11.08
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
238 21113 $12.64
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
207 21107 $14.63
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
201 21113 $25.12
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
201 21107 $27.40
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
206 21107 $35.19
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
250 21107 $46.79
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
207 21113 $49.87
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
206 21113 $68.25
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
250 21113 $84.38
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
100 21107 $1,357.52
3/8/2022 STANDARD INSURANCE
COMPANY
SUPP/LIFE/LTD/STD INSURANCE
PREMIUM FOR MARCH 2022
100 21113 $1,819.44
CHECK TOTAL $3,568.47
4598 3/8/2022 STAY GREEN INC LANDSCAPE MAINT CITY HALL (FEB) 100620 52320 $1,053.00
3/8/2022 STAY GREEN INC LANDSCAPE MAINTENANCE (ADDL') 100620 52320 $107.00
CHECK TOTAL $1,160.00
4599 3/8/2022 TAJEN GRAPHICS INC FINANCIAL REPORT COVER/TABS 100210 52110 $180.68
CHECK TOTAL $180.68
4600 3/8/2022 TASC FSA ADMIN FEES 100220 52515 $176.76
CHECK TOTAL $176.76
5.2.b
Packet Pg. 36
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4601 3/8/2022 TENNIS ANYONE INC TENNIS INSTRUCTION 100520 55320 $6,957.30
CHECK TOTAL $6,957.30
4602 3/8/2022 THE CITY OF DIAMOND BAR
COMMUNITY FOUNDATION
OCT/NOV 2021 ADS 100240 52160 $1,300.00
CHECK TOTAL $1,300.00
4603 3/8/2022 THE COMDYN GROUP INC GIS SUPPORT - JAN-FEB 2022 100230 54900 $3,097.77
CHECK TOTAL $3,097.77
4604 3/8/2022 THE GAS COMPANY HERITAGE COMMUNITY CENTER (1.14.22
- 2.15.22)
100630 52215 $665.49
3/8/2022 THE GAS COMPANY DBC - 1600 GRAND AVENUE (01.18.22 -
02.16.22)
100510 52215 $2,244.44
CHECK TOTAL $2,909.93
4605 3/8/2022 THE SAUCE CREATIVE SERVICES
INC
KINDER SKILLS PROGRAM BANNER 100520 52110 $413.30
3/8/2022 THE SAUCE CREATIVE SERVICES
INC
WINTER SNOW FEST POSTCARD DESIGN
AND PRINT
100520 52110 $282.83
CHECK TOTAL $696.13
4606 3/8/2022 TIMOTHY J PEREZ DATABASE ADMIN - SQL REPORTING
JAN-MAY 2021
100410 54200 $1,282.50
CHECK TOTAL $1,282.50
4607 3/8/2022 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP SYSTEM - JAN
2022
503230 56135 $4,200.00
3/8/2022 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP SYSTEM JAN
2022 (2)
503230 56135 $2,608.00
3/8/2022 TYLER TECHNOLOGIES INC IMPLEMENTATION - FINANCE ERP
SYSTEM
503230 56135 $1,400.00
3/8/2022 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP SYSTEM 503230 56135 $1,400.00
3/8/2022 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP SYSTEM 503230 56135 $1,304.00
CHECK TOTAL $10,912.00
4608 3/8/2022 UNITED RECORDS MANAGEMENT
INC
OFF-SITE STORAGE OF BACK-UP TAPES -
SEPT 2021
100230 55000 $594.00
CHECK TOTAL $594.00
4609 3/8/2022 VERIZON WIRELESS WIRELESS PHONE SERVICE - 1/17/22-
2/16/22
100230 52200 $2,578.49
CHECK TOTAL $2,578.49
5.2.b
Packet Pg. 37
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4610 3/8/2022 VISION SERVICE PLAN VISION INSURANCE PREMIUM FOR
MARCH 2022
239 21108 $6.73
3/8/2022 VISION SERVICE PLAN VISION INSURANCE PREMIUM FOR
MARCH 2022
225 21108 $7.97
3/8/2022 VISION SERVICE PLAN VISION INSURANCE PREMIUM FOR
MARCH 2022
238 21108 $12.28
3/8/2022 VISION SERVICE PLAN VISION INSURANCE PREMIUM FOR
MARCH 2022
201 21108 $17.95
3/8/2022 VISION SERVICE PLAN VISION INSURANCE PREMIUM FOR
MARCH 2022
207 21108 $46.01
3/8/2022 VISION SERVICE PLAN VISION INSURANCE PREMIUM FOR
MARCH 2022
250 21108 $71.70
3/8/2022 VISION SERVICE PLAN VISION INSURANCE PREMIUM FOR
MARCH 2022
206 21108 $100.08
3/8/2022 VISION SERVICE PLAN VISION INSURANCE PREMIUM FOR
MARCH 2022
100 21108 $1,555.53
CHECK TOTAL $1,818.25
4611 3/8/2022 WALNUT VALLEY UNIFIED
SCHOOL DISTRICT
ADULT VOLLEYBALL GYM RENTAL 100520 52302 $567.00
CHECK TOTAL $567.00
4612 3/8/2022 WALNUT VALLEY WATER DISTRICT CITY HALL (JAN) 100620 52220 $316.00
3/8/2022 WALNUT VALLEY WATER DISTRICT DIAMOND BAR CENTER (JAN) 100510 52220 $246.06
3/8/2022 WALNUT VALLEY WATER DISTRICT DISTRICT 41 (JAN) 241641 52220 $2,571.71
3/8/2022 WALNUT VALLEY WATER DISTRICT PARKS (JAN) 100630 52220 $7,459.06
3/8/2022 WALNUT VALLEY WATER DISTRICT DISTRICT 39 (JAN) 239639 52220 $5,462.63
3/8/2022 WALNUT VALLEY WATER DISTRICT RECYCLED (JAN) 238638 52220 $986.50
3/8/2022 WALNUT VALLEY WATER DISTRICT DISTRICT 38 (JAN) 238638 52220 $5,283.90
3/8/2022 WALNUT VALLEY WATER DISTRICT DISTRICT 39 PT. 2 (JAN) 239639 52220 $63.90
3/8/2022 WALNUT VALLEY WATER DISTRICT DISTRICT 38 PT. 2 (JAN) 238638 52220 $25.22
3/8/2022 WALNUT VALLEY WATER DISTRICT PARKS PT. 2 (JAN) 100630 52220 $986.25
CHECK TOTAL $23,401.23
4613 3/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE) 100630 51200 $84.68
3/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE) 100630 51200 $134.06
5.2.b
Packet Pg. 38
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $40.16
3/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $476.62
3/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $73.66
CHECK TOTAL $809.18
4614 3/8/2022 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 23509 RIDGELINE RD 100 22109 $600.00
3/8/2022 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 1607 DERRINGER 100 22109 $420.00
3/8/2022 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2252 EVERGREEN
SPRINGS
100 22109 $420.00
3/8/2022 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2218 INDIAN CREEK 100 22109 $400.00
3/8/2022 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2775 SHADOW
CANYON
100 22109 $600.00
CHECK TOTAL $2,440.00
GRAND TOTAL $1,111,995.85
5.2.b
Packet Pg. 39
Agenda #: 5.3
Meeting Date: March 15, 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 February 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:
5.3
Packet Pg. 40
REVIEWED BY:
Attachments:
1. 5.3.a Treasurer Cash Report Feb 2022
2. 5.3.b Treasurer Certification and Investment Report Feb 2022
5.3
Packet Pg. 41
TOTAL CASH BREAKDOWN
Cash Funds
General Account $3,499,256.30
Payroll Account $0.00
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)$22,758.30
Total Cash Funds $3,525,064.60
Investment Funds (Book Value):
Local Agency Investment Fund $34,041,523.15
Other Fixed-Income Securities (0-5 year maturity) $23,437,218.96
Total Investment Funds $57,478,742.11
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 $224,833.05
Invested Funds With OPEB Trust $514,984.05
Fiscal Year-To-Date- Effective Rate of Return -0.45%
Fiscal Year-To-Date Interest Earnings ($2,344.04)
Total Cash and Investments $61,518,790.76
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
AS OF FEBRUARY 28, 2022
5.3.a
Packet Pg. 42
INVESTMENTS BOOK VALUE
PERCENT OF
PORTFOLIO TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD $992,000.00 1.73%1,826 1,315 1.513
Local Agency Investment Fund $34,041,523.15 59.22%1 1 0.230
Corporate Notes $1,488,108.23 2.59%1,697 427 2.869
Treasury Coupon Securities $5,978,978.35 10.40%471 446 0.869
Treasury Discount Bills $2,993,729.46 5.21%183 156 0.490
Federal Agency Callable $5,499,402.92 9.57%1,793 200 1.433
Certificate of Deposit - Bank $5,685,000.00 9.89%1,793 532 1.894
Municipal Bonds $800,000.00 1.39%1,599 709 1.311
Total Investments and Averages $57,478,742.11 100.00%506 170 0.695
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.
$31,775.89 $224,833.05
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
February 28, 2022
MONTH ENDING FISCAL YEAR-TO-DATE
February 28, 2022 2021-22
5.3.b
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City of Diamond Bar
Portfolio Management
February 28, 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 1,8261.73 1.5131,315996,562.20992,000.00
Local Agency Investment Funds 34,041,523.15 159.22 0.230134,044,347.5834,041,523.15
Corporate Notes 1,488,108.23 1,6972.59 2.8694271,548,940.001,500,000.00
Treasury Coupon Securities 5,978,978.35 47110.40 0.8694465,978,978.356,000,000.00
Treasury Discounts -Amortizing 2,993,729.46 1835.21 0.4901562,993,729.463,000,000.00
Federal Agency Callable 5,499,402.92 1,7939.57 1.4332005,500,560.505,500,000.00
Certificate of Deposit 5,685,000.00 1,7939.89 1.8945325,808,477.985,685,000.00
Municipal Bonds 800,000.00 1,5991.39 1.311709805,640.00800,000.00
57,478,742.11 100.00%Investments 57,677,236.0757,518,523.15 506 170 0.695
Current Year
February 28
31,775.89
Fiscal Year To Date
224,833.05
Average Daily Balance
Effective Rate of Return
57,356,938.99 51,567,368.13
0.65%0.72%
Total Earnings Month Ending
__________________________________________________ ____________________
Jason M. Jacobsen, Finance Director
Portfolio POOL
AP
Reporting period 02/01/2022-02/28/2022
Run Date: 03/07/2022 - 15:16 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
03/07/2022
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Days to
Maturity
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
February 28, 2022
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Federal Credit Union CD
1,751America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 248,000.00 1,82606251A3K4 1.350
1,458GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 245,813.38 1,82639573LAV0 0.650
1,798State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 248,000.00 1,827856285E98 1.750
252Mountain 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 1,826996,562.20992,000.00992,000.00Subtotal and Average 1,315 1.513
Local Agency Investment Funds
1Local Agency Investment Fund10028 34,041,523.15 34,041,523.15 0.23034,044,347.58 1LAIF 0.230
34,041,523.15 134,044,347.5834,041,523.1535,577,237.44Subtotal and Average 1 0.230
Corporate Notes
279Chevron Corp., Corporate Bond10214 500,000.00 497,369.60 12/05/20222.35505/30/2018 511,638.50 1,650166764AB6 2.355
596Toyota MTR Credit Corp10223 500,000.00 494,323.32 10/18/20232.25002/28/2019 519,911.50 1,69389236TDK8 3.001
406Walmart Inc.10216 500,000.00 496,415.31 04/11/20232.55006/27/2018 517,390.00 1,749931142DH3 3.251
1,488,108.23 1,6971,548,940.001,500,000.001,559,099.63Subtotal and Average 427 2.869
Treasury Coupon Securities
1,766U.S. Treasury10403 1,000,000.00 995,002.23 12/31/20261.25001/04/2022 995,002.23 1,82291282CDQ1 1.357
183U.S. Treasury10412 5,000,000.00 4,983,976.12 08/31/20220.12502/11/2022 4,983,976.12 20191282CAG6 0.771
5,978,978.35 4715,978,978.356,000,000.004,198,470.21Subtotal and Average 446 0.869
Treasury Discounts -Amortizing
156U.S. Treasury10411 3,000,000.00 2,993,729.46 08/04/20220.48202/02/2022 2,993,729.46 183912796S67 0.490
2,993,729.46 1832,993,729.463,000,000.002,886,306.66Subtotal and Average 156 0.490
Federal Agency Callable
2Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 499,617.00 1,8263133EMSH6 0.790
409Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 503,163.00 1,4613133EMVS8 0.690
681Federal 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
56Federal 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
84Federal Home Loan Bank10254 500,000.00 499,402.92 02/24/20260.62502/24/2021 497,780.50 1,8263130AL7M0 0.726
58Federal 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
5,499,402.92 1,7935,500,560.505,500,000.005,499,396.49Subtotal and Average 200 1.433
Portfolio POOL
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Run Date: 03/07/2022 - 15:16 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
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Days to
Maturity
Page 2
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
February 28, 2022
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Certificate of Deposit
226Alliance Credit Union, CD10206 247,000.00 247,000.00 10/13/20222.25010/13/2017 253,259.72 1,82601859BAA3 2.251
56American Express Bank10192 247,000.00 247,000.00 04/26/20222.40004/26/2017 251,280.51 1,82602587DQ84 2.401
63American Express Bank10195 247,000.00 247,000.00 05/03/20222.35005/03/2017 251,307.93 1,82602587CEM8 2.351
58Balboa Thrift & Loan10194 248,000.00 248,000.00 04/28/20222.00004/28/2017 251,571.94 1,82605765LAL1 2.000
133Barclays Bank10204 247,000.00 247,000.00 07/12/20222.20007/12/2017 251,973.35 1,82606740KKD8 2.201
1,465BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 245,731.79 1,826066519QK8 0.000
70Capital One Bank10196 247,000.00 247,000.00 05/10/20222.30005/10/2017 251,314.35 1,82614042RFL0 2.301
419CIT Bank10213 248,000.00 248,000.00 04/24/20233.00004/24/2018 259,826.62 1,82617312QJ67 3.002
91Comenity Capital Bank10198 248,000.00 248,000.00 05/31/20222.35005/31/2017 252,693.15 1,82620033AUB0.2.350
890EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 258,715.70 1,82729278TKJ8 2.152
168Everbank/Jacksonville FL10205 247,000.00 247,000.00 08/16/20222.20008/16/2017 252,375.71 1,82687270LAJ2 2.201
112First Bank of Highland Park10202 247,000.00 247,000.00 06/21/20222.10006/21/2017 251,454.89 1,826319141GL5 2.101
316First Source Bank10248 242,000.00 242,000.00 01/11/20231.40003/11/2020 246,239.36 1,03633646CLX0 1.401
1,652Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 248,000.00 1,82638149MZJ5 1.051
393Indust & Comm Bank China10212 248,000.00 248,000.00 03/29/20232.90003/29/2018 258,987.14 1,82645581EAS0 2.902
819JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.00005/28/2020 251,544.17 1,82648128UDS5 1.001
100Medallion Bank10199 248,000.00 248,000.00 06/09/20222.15006/09/2017 252,398.28 1,82658403B6R2 2.150
337Morgan Stanley Bank10209 246,000.00 246,000.00 02/01/20232.65002/01/2018 255,028.20 1,82661747MH95 2.651
793Morgan Stanley Bank10226 246,000.00 246,000.00 05/02/20242.75005/02/2019 261,179.68 1,82761760AZR3 2.753
1,471Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 247,212.43 1,82670320KAX9 0.000
906Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 257,732.15 1,82775472RAE1 2.002
21Sallie Mae Bank10190 247,000.00 247,000.00 03/22/20222.35003/22/2017 250,650.91 1,826795450ZW8 2.351
1,653UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 248,000.00 1,82690348JS92 0.000
5,685,000.00 1,7935,808,477.985,685,000.005,844,428.57Subtotal and Average 532 1.894
Municipal Bonds
823CALIF STATE HLTH FACS AUTH10252 200,000.00 200,000.00 06/01/20240.75211/04/2020 200,664.40 1,30513032UXL7 0.752
1,188CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 250,834.00 1,67013032UXM5 0.952
976California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 100,400.10 1,50613077DMK5 0.685
31California 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 709 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
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Days to
Maturity
Page 3
Par Value Book Value
Stated
RateMarket Value
February 28, 2022
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
50657,356,938.99 57,518,523.15 170 0.69557,677,236.07 57,478,742.11Total and Average
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Days to
Maturity
Page 4
Par Value Book Value
Stated
RateMarket Value
February 28, 2022
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
0.00
50657,356,938.99 57,518,523.15 170 0.695
0 0Average Balance
57,677,236.07 57,478,742.11Total Cash and Investments
Portfolio POOL
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5.3.b
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Agenda #: 5.4
Meeting Date: March 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH
ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY
COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES
SUBJECT TO STATE OPEN MEETING LAWS.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Adopt Resolution No. 2022-12, providing for continued use of teleconferencing and
other formats as defined and in compliance with Assembly Bill 361 for meetings of the
Diamond Bar City Council, City Commissions and Subcommittees.
FINANCIAL IMPACT:
No financial impact.
BACKGROUND/ANALYSIS:
Due to the continued impact of the COVID-19 pandemic, the California Legislature
passed AB 361, which authorizes a local agency to use teleconferencing without
complying with certain teleconferencing requirements imposed by the Brown Act when:
(1) the legislative body of a local agency holds a meeting during a declared state of
emergency; (2) when state or local health officials have imposed or recommended
measures to promote social distancing; and/or (3) when a local agency has determined
that meeting in person would present imminent risks to the health or safety of
attendees.
The City Council first utilized the provisions of AB 361 on November 16, 2021. In order
to continue to have the ability to use the modified teleconferencing options, AB 361
requires that the City Council re-affirm its findings every 30 days. Conditions under
which AB 361 may be utilized continue to exist as described in the attached Resolution
(Attachment 1).
5.4
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The City Council is currently going beyond what the Brown Act requires by holding
meetings in person and by way of teleconference and allowing the public to participate
in both forums. The provisions of AB 361 allowing the modified teleconferencing will
expire January 1, 2024.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.4.a Resolution No. 2022-12 AB361 Cont
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RESOLUTION NO. 2022-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE
USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY
BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND
OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE
OPEN MEETING LAWS.
WHEREAS, on March 4, 2020, California Governor Newsom declared a State of
Emergency in response to the COVID-19 pandemic; and
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor
Newsom issued Executive Orders that required, among other things, residents of
California to follow orders and guidance of local public health officials, including social
distancing and masking requirements; and
WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires,
with specified exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public, that a physical location for such meetings
be provided, and that the public be permitted to provide public comment during the
meetings; and
WHEREAS, the Brown Act permits members of legislative bodies to
teleconference into public meetings subject to certain conditions, including that the place
from which the member teleconferences be open to the public, that an agenda be posted
on the site, and that the teleconference location be noticed in the agenda; and
WHEREAS, in recognition that such public gatherings at such meetings could
accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended,
among others, these Brown Act teleconferencing requirements to provide local agencies
with greater flexibility to hold meetings via teleconferencing safely; and
WHEREAS, pursuant to the Emergency Services Act (Government Code sections
8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City
Council of the City of Diamond Bar has proclaimed the continued existence of a local
emergency resulting from the COVID-19 pandemic; and
WHEREAS, as of September 30, 2021, the Governor’s Executive Order
suspending the Brown Act’s teleconferencing requirements expired; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361,
which authorizes a local agency to continue to use teleconferencing without complying
with certain teleconferencing requirements imposed by the Brown Act when: (1) the
legislative body of a local agency holds a meeting during a declared state of emergency;
(2) when state or local health officials have imposed or recommended measures to
5.4.a
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Resolution No. 2022-12
2
promote social distancing; and/or (3) when a local agency has determined that meeting
in person would present imminent risks to the health or safety of attendees; and
WHEREAS, both Los Angeles County and state health officials continue to
recommend social distancing due community spread of COVID-19; and
WHEREAS, The Diamond Bar City Council first utilized the provisions authorized
by AB 361 on November 16, 2021 and subsequently adopted Resolution Nos. 2021-54,
2021-55, 2022-01 and 2022-06 re-affirming its continued use; and
WHEREAS, the Diamond Bar City Council must approve a Resolution reaffirming
that the requirements set forth in Assembly Bill 361 exist every 30 days in order to allow
members of its legislative bodies to utilize the provisions of Assembly Bill 361 when
attending public meetings via teleconferencing; and
WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the
Brown Act, are now holding modified public meetings in person, there may be situations
in which a member of one of these legislative bodies decides not to attend in person due
to a particular health or safety risk posed by such attendance and as such, it is the City
Council’s desire to permit members of its legislative bodies to attend by way of
teleconference pursuant to Assembly Bill 361 due to health and safety concerns
associated with COVID-19.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Diamond Bar as follows:
1. That the above recitals are true and correct. and based thereon, that the
spread and potential further spread of COVID-19 continues to pose an
imminent risk to the public health and safety.
2. That a state of emergency due to the COVID-19 pandemic continues to exist
and at the time that this Resolution was adopted both Los Angeles County
and State health officials are recommending social distancing to slow the
spread of COVID-19.
3. That meeting in person may pose an imminent risk to the health and safety
of some attendees, including members of the City’s legislative bodies, who
due to age, health conditions, or vaccination status, have a higher risk of
contracting COVID-19 and are more likely to get severely ill and in some
cases, die from COVID-19.
4. That during the effective period of this Resolution and any reaffirmation
thereof, members of the legislative bodies of the City of Diamond Bar may
participate in meetings subject to the Brown Act by way of teleconference in
accordance with Assembly Bill 361.
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Resolution No. 2022-12
3
5. That meetings shall be held in accordance with AB 361 by, among other
things, providing notice to the public how it can access the meeting and
provide public comment, providing an opportunity for the public to attend via
a call-in or an internet-based service option, conducting the meeting in a
manner which protects the statutory and constitutional rights of the public,
and stopping the meeting until public access is restored in the event of a
service disruption.
IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its
adoption date and must be affirmed/acknowledged every 30 days by the City Council of
the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to
apply to teleconferencing by members of the legislative bodies of the City of Diamond
Bar.
PASSED, APPROVED AND ADOPTED this 15th 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 15th day of March, 2022, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Kristina Santana, City Clerk
5.4.a
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Agenda #: 5.5
Meeting Date: March 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AUTHORIZATION TO PURCHASE FOUR (4) HPE NETWORK
SERVERS.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve and authorize the City Manager to issue a purchase order to CDWG for the
purchase of Four (4) HPE servers in the amount of $80,324.86.
FINANCIAL IMPACT:
Funds needed to accommodate the proposed purchase order were included in the
FY 2021-22 Adopted Budget for the Equipment Maintenance and Replacement Fund
(Fund 503).
BACKGROUND:
The daily operations of the City rely on the use of computers, specialized networks, and
associated hardware and software to create, process, and store digital information and
communicate with the public. To ensure the City’s essential information systems
infrastructure remains in place, it is proposed that four (4) servers be replaced. Each
server has outlived its useful life and is been scheduled for replacement.
DISCUSSION:
As required by the purchasing ordinance, the City solicited bids through the Planet Bids
website for four new HP servers as well as a five-year warranty plan for each. Five
vendors submitted bids, including:
Bidder Bid Amount
SmartIT Pros $ 70,456.54*
CDWG $ 80,324.86
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Gear One Enterprise $ 86,753.25
Brightcentra, Inc $ 90,497.45
Allexiant $ 96,707.88
The Bid Description on Planet Bids post stated the following:
Cost Proposals must include shipping, taxes and any other required fees. No
refurbished parts will be accepted. No Substitutions will be accepted. Any
quotes that do not list the exact parts requested will be rejected. Only
Authorized HPE Resellers are invited to bid.
After reviewing the bid from SmartIT Pros several concerns arose. SmartIT Pros is not
currently an Authorized Reseller of HPE parts and services. Also, it was determined
that the vendor substituted memory from what was requested. Lastly, HPE was
contacted directly to verify the validity of the pricing and HPE stated the bid could not be
valid because their bid price is below HPE’s cost.
With the disqualification of SmartIT Pros, staff has determined that CDWG is the lowest
cost responsible bidder, meeting all technical requirements.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.5.a CDWG 4 Server Quotes
5.5
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Page 1 of 2
QUOTE CONFIRMATION
DEAR ALFREDO ESTEVEZ,
Thank you for considering CDWG LLC for your computing needs. The details of your quote are below.
Click here to convert your quote to an order.
QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL
MPZX131 2/15/2022 HPE CODEX 8736638 $22,127.07
QUOTE DETAILS
ITEM QTY CDW#UNIT PRICE EXT.PRICE
HPE ProLiant DL380 Gen10 - rack-mountable - no CPU - 0 GB -
no HDD
1 4723429 $1,531.97 $1,531.97
Mfg. Part#: 868703-B21
UNSPSC: 43211501
Contract: MARKET
Intel Xeon Gold 5218R / 2.1 GHz processor 1 6208647 $1,569.27 $1,569.27
Mfg. Part#: P24466-L21
Contract: MARKET
HPE SmartMemory - DDR4 - module - 16 GB - DIMM 288-pin -
2933 MHz PC4-234
4 5529821 $555.88 $2,223.52
Mfg. Part#: P00922-B21
UNSPSC: 32101602
Contract: MARKET
HPE - storage drive cage - SATA 6Gb s SAS 12Gb s PCIe 1 4729423 $99.58 $99.58
Mfg. Part#: 826708-B21
UNSPSC: 43201609
Contract: MARKET
HPE 300GB 12G SAS 15K SFF SC Digitally Signed HDD 8 4621310 $402.98 $3,223.84
Mfg. Part#: 870753-B21
UNSPSC: 43201803
Contract: MARKET
HPE DVD RW ( R DL) DVD-RAM drive - Serial ATA - internal 1 3559656 $93.26 $93.26
Mfg. Part#: 726537-B21
UNSPSC: 43201818
Contract: MARKET
HPE 96W Smart Storage - storage device battery - Li-Ion 1 6550591 $113.78 $113.78
Mfg. Part#: P01366-B21
Contract: MARKET
HPE Smart Array P408I-A SR Gen10 - storage controller
(RAID) - SATA 6Gb s
1 4723432 $545.22 $545.22
Mfg. Part#: 804331-B21
UNSPSC: 43201557
Contract: MARKET
HPE High Performance Fan Kit system fan kit 1 4739991 $216.90 $216.90
Mfg. Part#: 867810-B21
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QUOTE DETAILS (CONT.)
UNSPSC: 40101604
Contract: MARKET
HPE - power supply - hot-plug redundant - 800 Watt - 908
VA
2 4723434 $295.72 $591.44
Mfg. Part#: 865414-B21
UNSPSC: 39121004
Contract: MARKET
HPE power cable - 6 ft 2 2515457 $5.60 $11.20
Mfg. Part#: AF556A
UNSPSC: 26121636
Contract: MARKET
HPE cable management arm - 2U 1 3339635 $62.23 $62.23
Mfg. Part#: 733664-B21
UNSPSC: 39131709
Contract: MARKET
HPE Small Form Factor Easy Install Rail Kit rack rail kit - 2U 1 3428550 $74.08 $74.08
Mfg. Part#: 733660-B21
UNSPSC: 24102001
Contract: MARKET
HPE Pointnext Tech Care Critical Service - extended service
agreement - 5 y
1 6684540 $10,786.93 $10,786.93
Mfg. Part#: HU4A3A5#WAH
Electronic distribution - NO MEDIA
Contract: MARKET
PURCHASER BILLING INFO SUBTOTAL $21,143.22
Billing Address:
CITY OF DIAMOND BAR
ACCOUNTS PAYABLE
21810 COPLEY DR
DIAMOND BAR, CA 91765-4460
Phone: (909) 860-2489
Payment Terms: Net 30 Days-Govt State/Local
SHIPPING $0.00
SALES TAX $983.85
GRAND TOTAL $22,127.07
DELIVER TO Please remit payments to:
Shipping Address:
CITY OF DIAMOND BAR
ALFREDO ESTEVEZ
21810 COPLEY DR
DIAMOND BAR, CA 91765-4460
Phone: (909) 860-2489
Shipping Method: DROP SHIP-GROUND
CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Need Assistance? CDWG LLC SALES CONTACT INFORMATION
Jon Cacioppo |(877) 603-6330 |joncac@cdwg.com
This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects at
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For more information, contact a CDW account manager
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5.5.a
Packet Pg. 57
Page 1 of 2
QUOTE CONFIRMATION
DEAR ALFREDO ESTEVEZ,
Thank you for considering CDWG LLC for your computing needs. The details of your quote are below.
Click here to convert your quote to an order.
QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL
MPZX158 2/15/2022 HPE SERVER 8736638 $19,987.62
QUOTE DETAILS
ITEM QTY CDW#UNIT PRICE EXT.PRICE
HPE ProLiant DL380 Gen10 - rack-mountable - no CPU - 0 GB -
no HDD
1 4723429 $1,531.97 $1,531.97
Mfg. Part#: 868703-B21
UNSPSC: 43211501
Contract: MARKET
Intel Xeon Silver 4214R / 2.4 GHz processor 1 6096273 $832.65 $832.65
Mfg. Part#: P23550-L21
Contract: MARKET
HPE SmartMemory - DDR4 - module - 16 GB - DIMM 288-pin -
2933 MHz PC4-234
2 5581975 $503.15 $1,006.30
Mfg. Part#: P00920-B21
UNSPSC: 32101602
Contract: MARKET
HPE - storage drive cage - SATA 6Gb s SAS 12Gb s PCIe 1 4729423 $99.58 $99.58
Mfg. Part#: 826708-B21
UNSPSC: 43201609
Contract: MARKET
HPE 300GB 12G SAS 15K SFF SC Digitally Signed HDD 8 4621310 $402.98 $3,223.84
Mfg. Part#: 870753-B21
UNSPSC: 43201803
Contract: MARKET
HPE DVD RW ( R DL) DVD-RAM drive - Serial ATA - internal 1 3559656 $93.26 $93.26
Mfg. Part#: 726537-B21
UNSPSC: 43201818
Contract: MARKET
HPE 96W Smart Storage - storage device battery - Li-Ion 1 6550591 $113.78 $113.78
Mfg. Part#: P01366-B21
Contract: MARKET
HPE Smart Array P408I-A SR Gen10 - storage controller
(RAID) - SATA 6Gb s
1 4723432 $545.22 $545.22
Mfg. Part#: 804331-B21
UNSPSC: 43201557
Contract: MARKET
HPE High Performance Fan Kit system fan kit 1 4739991 $216.90 $216.90
Mfg. Part#: 867810-B21
5.5.a
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Page 2 of 2
QUOTE DETAILS (CONT.)
UNSPSC: 40101604
Contract: MARKET
HPE - power supply - hot-plug redundant - 800 Watt - 908
VA
2 4723434 $295.72 $591.44
Mfg. Part#: 865414-B21
UNSPSC: 39121004
Contract: MARKET
HPE power cable - 6 ft 2 2515457 $5.60 $11.20
Mfg. Part#: AF556A
UNSPSC: 26121636
Contract: MARKET
HPE cable management arm - 2U 1 3339635 $62.23 $62.23
Mfg. Part#: 733664-B21
UNSPSC: 39131709
Contract: MARKET
HPE Small Form Factor Easy Install Rail Kit rack rail kit - 2U 1 3428550 $74.08 $74.08
Mfg. Part#: 733660-B21
UNSPSC: 24102001
Contract: MARKET
HPE Pointnext Tech Care Critical Service - extended service
agreement - 5 y
1 6684540 $10,786.93 $10,786.93
Mfg. Part#: HU4A3A5#WAH
Electronic distribution - NO MEDIA
Contract: MARKET
PURCHASER BILLING INFO SUBTOTAL $19,189.38
Billing Address:
CITY OF DIAMOND BAR
ACCOUNTS PAYABLE
21810 COPLEY DR
DIAMOND BAR, CA 91765-4460
Phone: (909) 860-2489
Payment Terms: Net 30 Days-Govt State/Local
SHIPPING $0.00
SALES TAX $798.24
GRAND TOTAL $19,987.62
DELIVER TO Please remit payments to:
Shipping Address:
CITY OF DIAMOND BAR
ALFREDO ESTEVEZ
21810 COPLEY DR
DIAMOND BAR, CA 91765-4460
Phone: (909) 860-2489
Shipping Method: DROP SHIP-GROUND
CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Need Assistance? CDWG LLC SALES CONTACT INFORMATION
Jon Cacioppo |(877) 603-6330 |joncac@cdwg.com
This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects at
http://www.cdwg.com/content/terms-conditions/product-sales.aspx
For more information, contact a CDW account manager
' 2022 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239
5.5.a
Packet Pg. 59
Page 1 of 2
QUOTE CONFIRMATION
DEAR ALFREDO ESTEVEZ,
Thank you for considering CDWG LLC for your computing needs. The details of your quote are below.
Click here to convert your quote to an order.
QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL
MPZX175 2/15/2022 HPE DMZ 8736638 $38,210.17
QUOTE DETAILS
ITEM QTY CDW#UNIT PRICE EXT.PRICE
HPE ProLiant DL380 Gen10 - rack-mountable - no CPU - 0 GB -
no HDD
2 4723429 $1,531.97 $3,063.94
Mfg. Part#: 868703-B21
UNSPSC: 43211501
Contract: MARKET
Intel Xeon Silver 4214R / 2.4 GHz processor 2 6096273 $832.65 $1,665.30
Mfg. Part#: P23550-L21
Contract: MARKET
HPE SmartMemory - DDR4 - module - 16 GB - DIMM 288-pin -
2933 MHz PC4-234
4 5581975 $503.15 $2,012.60
Mfg. Part#: P00920-B21
UNSPSC: 32101602
Contract: MARKET
HPE - storage drive cage - SATA 6Gb s SAS 12Gb s PCIe 2 4729423 $99.58 $199.16
Mfg. Part#: 826708-B21
UNSPSC: 43201609
Contract: MARKET
HPE 300GB 12G SAS 15K SFF SC Digitally Signed HDD 12 4621310 $402.98 $4,835.76
Mfg. Part#: 870753-B21
UNSPSC: 43201803
Contract: MARKET
HPE DVD RW ( R DL) DVD-RAM drive - Serial ATA - internal 2 3559656 $93.26 $186.52
Mfg. Part#: 726537-B21
UNSPSC: 43201818
Contract: MARKET
HPE 96W Smart Storage - storage device battery - Li-Ion 2 6550591 $113.78 $227.56
Mfg. Part#: P01366-B21
Contract: MARKET
HPE Smart Array P408I-A SR Gen10 - storage controller
(RAID) - SATA 6Gb s
2 4723432 $545.22 $1,090.44
Mfg. Part#: 804331-B21
UNSPSC: 43201557
Contract: MARKET
HPE High Performance Fan Kit system fan kit 2 4739991 $216.90 $433.80
Mfg. Part#: 867810-B21
5.5.a
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Page 2 of 2
QUOTE DETAILS (CONT.)
UNSPSC: 40101604
Contract: MARKET
HPE - power supply - hot-plug redundant - 800 Watt - 908
VA
4 4723434 $295.72 $1,182.88
Mfg. Part#: 865414-B21
UNSPSC: 39121004
Contract: MARKET
HPE power cable - 6 ft 4 2515457 $5.60 $22.40
Mfg. Part#: AF556A
UNSPSC: 26121636
Contract: MARKET
HPE cable management arm - 2U 2 3339635 $62.23 $124.46
Mfg. Part#: 733664-B21
UNSPSC: 39131709
Contract: MARKET
HPE Small Form Factor Easy Install Rail Kit rack rail kit - 2U 2 3428550 $74.08 $148.16
Mfg. Part#: 733660-B21
UNSPSC: 24102001
Contract: MARKET
HPE Pointnext Tech Care Critical Service - extended service
agreement - 5 y
2 6684540 $10,786.93 $21,573.86
Mfg. Part#: HU4A3A5#WAH
Electronic distribution - NO MEDIA
Contract: MARKET
PURCHASER BILLING INFO SUBTOTAL $36,766.84
Billing Address:
CITY OF DIAMOND BAR
ACCOUNTS PAYABLE
21810 COPLEY DR
DIAMOND BAR, CA 91765-4460
Phone: (909) 860-2489
Payment Terms: Net 30 Days-Govt State/Local
SHIPPING $0.00
SALES TAX $1,443.33
GRAND TOTAL $38,210.17
DELIVER TO Please remit payments to:
Shipping Address:
CITY OF DIAMOND BAR
ALFREDO ESTEVEZ
21810 COPLEY DR
DIAMOND BAR, CA 91765-4460
Phone: (909) 860-2489
Shipping Method: DROP SHIP-GROUND
CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Need Assistance? CDWG LLC SALES CONTACT INFORMATION
Jon Cacioppo |(877) 603-6330 |joncac@cdwg.com
This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects at
http://www.cdwg.com/content/terms-conditions/product-sales.aspx
For more information, contact a CDW account manager
' 2022 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239
5.5.a
Packet Pg. 61
Agenda #: 5.6
Meeting Date: March 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AUTHORIZATION TO PURCHASE A CISCO 9400 AND CISCO 9300
SWITCH WITH PROFESSIONAL CONFIGURATION AND
INSTALLATION SERVICES.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Appropriate $26,000 from the Equipment Maintenance and Replacement Fund
(Fund 503) to cover the cost of the equipment configuration and installation; and
B. Approve and authorize the City Manager to issue a purchase order to Bird Rock
Systems for the purchase of one (1) Cisco 9400 and one (1) Cisco 9300 switch with
professional configuration and installation services in the amount of $97,078.02
FINANCIAL IMPACT:
Partial funding for the purchase order in the amount of $72,000 exists within the current
FY 2021-22 Equipment Maintenance and Replacement Fund (503) budget. It is
recommended that an additional $26,000.00 be appropriated from the Equipment
Maintenance and Replacement Fund (Fund 503) to accommodate the requested
purchase order.
BACKGROUND:
The daily operations of the City rely on the use of computers, specialized networks, and
associated hardware and software to create, process, and store digital information and
communicate with the public. To ensure the City’s essential information systems
infrastructure remains in place, it is recommended that one (1) Cisco 9400 core switch
be purchased for City Hall to replace the existing core switch that has been deemed end
of life by Cisco, and that one (1) Cisco 9300 switch be purchased to replace the main
switch at the Diamond Bar Center that has also been deemed end of life by Cisco. In
the vernacular of Cisco, “end of life” means the existing units will no longer be
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supported and no replacement parts will be available. The core switch represents the
central core for connectivity of every computer, phone, printer and all other networked
devices in City Hall. The failure of the core switch would be catastrophic.
DISCUSSION:
As required by the purchasing ordinance, the City solicited bids through the Planet Bids
website for a Cisco 9400 and Cisco 9300 switch with professional configuration and
installation services. Three vendors submitted bids:
Bidder Bid Amount
Bird Rock Systems $97,078.02
Nexperts, Inc. $98,954.71
Miracle Software Systems, Inc $111,062.03
Upon review of the bids, staff has determined that Bird Rock Systems is the lowest cost
responsible bidder.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.6.a Bird Rock CiscoSwitches
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–”
5.6.a
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–”
5.6.a
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–”
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Agenda #: 6.2
Meeting Date: March 15, 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:
A. Open the public hearing and receive public input on district boundaries; and
B. Provide direction on the preferred makeup of the City Council in a district-based
system.
FINANCIAL IMPACT:
There is no financial impact associated with this public hearing. However, the transition
to district-based elections will continue to require significant staff time and contract
services. 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
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government agency to pay all legal and court fees should the plaintiff prevail in court.
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.
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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
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.
This is the second of two public hearings with the purpose of informing the public about
the districting process and hearing 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:
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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
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website and social media channels. Specific outreach materials include:
• A banner in the City’s main webpage allows visitors to link to the City’s Districting
webpage (https://www.diamondbarca.gov/1070/City-Council-Districting) where
residents can review information about the districting process and can be
informed about future workshops and public hearings.
• Districting information has been sent to all individuals currently subscribed to any
of the City’s e-subscription email lists.
• A Communities of Interest form was posted on the City website as a way for
individuals to submit testimony electronically.
• A dedicated email address has been established as a single point of content for
questions.
• Work is underway on direct mailers with information about the districting process
and ways to participate.
• The DistrictR online mapping tool is expected to be live in the coming weeks.
The City also hosted a virtual workshop on March 9, providing the public another forum
to learn about the process and provide testimony on the communities of interest and
factors that should be considered when drawing initial district maps.
Next Steps
Tonight’s meeting is the second of two required public hearings with the express
purpose of collecting public testimony prior to the drawing of initial district maps. All
public testimony collected at the public hearings, workshops, and other communications
will be used by the City’s consultant to draft initial maps for public input and City Council
consideration. It is expected that a public hearing to discuss the proposed maps will be
held April 5, 2022.
To begin developing draft district maps for consideration at the next two public hearings,
the City Council should provide direction on the preferred makeup of the City Council in
a district-based system. In California, General Law cities may choose from the following
options:
• A body of five (5) Council Members, with the Mayor appointed on an annual
basis by vote of the Council. This represents the status quo.
• A body of five (5), seven (7), or nine (9) Council Members, with the Mayor
appointed on an annual basis by vote of the Council.
• A body of four (4), six (6), or eight (8) Council Members, with an at-large Mayor
elected by the voters.
LEGAL REVIEW:
City Attorney has reviewed and approved this report.
PREPARED BY:
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REVIEWED BY:
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RESOLUTION NO. 2022-13
(FORMATION)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING ENGINEER’S REPORT, CONFIRMING DIAGRAM
AND ASSESSMENT, AND ORDERING LEVY OF LANDSCAPE
ASSESSMENT DISTRICT NO. 39-2022 FOR FISCAL YEAR 2022-23
WHEREAS, by Resolution No. 2021-50, approved on November 2, 2021, the City
Council ordered the initiation of proceedings for the formation of a landscape
maintenance district pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of
Division 15 of the California Streets and Highways Code (commencing with § 22500
thereof) (“Act”) and Article XIII-D of the California Constitution to be known as the
Landscape Assessment District No. 39-2022 (“Assessment District”) of the City of
Diamond Bar, for the purpose of financing the cost of installation, maintenance and
servicing as detailed in the Engineer’s Report prepared by the Assessment Engineer, SCI
Consulting Group.
WHEREAS, the City Council has adopted a resolution approving and filing an
Engineer’s Report which includes: (1) a description of the Improvements to be funded
with assessment proceeds; (2) an estimate of the annual cost of the Improvements
described in the Engineer’s Report; (3) a description of the assessable parcels of land
within the District and proposed to be subject to the new assessment; (4) a description of
the proportionate special and general benefits conferred on property by the proposed
assessment; (5) a diagram and boundary map for the Assessment District, and (6) a
specification of the amount to be assessed upon various types of assessable land within
the Assessment to fund the cost of the Improvements. The Engineer’s Report is
incorporated herein by this reference.
WHEREAS, the City Council adopted Resolution No. 2022-03 on January 18,
2022, a Resolution Declaring Intention to Levy Assessments, Preliminarily Approving the
Engineer’s Report, Providing Notice of Public Hearing and the Mailing of the Assessment
Ballots. The annual assessment rates for various types of real property within the
proposed assessment, the total number of parcels to be assessed, and the total amount
of annual assessment revenue is contained within the Engineer’s Report.
WHEREAS, the City Council adopted Resolution No. 2019-18 on May 21, 2019, a
Resolution of Intention to Conform with Proposition 218 and its requirements.
WHEREAS, the City Council has provided a 45-day written mailed notice to each
record owner of assessable parcels of real property located within the Assessment
boundaries for the proposed Landscape Assessment District, as set forth on the
Assessment Diagram and Boundary Map, of a public hearing which was held at a regular
meeting of the City Council on March 15, 2022, at 6:30 p.m. in the Windmill Room, located
at 21810 Copley Drive, Diamond Bar, CA, on the issue of whether the Landscape
Assessment District should be formed and assessments levied and collected as proposed
in the Engineer’s Report for Fiscal Year 2022-23 and future Fiscal Years.
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Resolution No. 2022-13
2
WHEREAS, the form of written mailed public notice of the public meeting
contained the following information: (a) the total amount of assessments proposed to be
levied within the District for Fiscal Year 2022-23; (b) the assessment chargeable to each
owner’s parcel; (c) the duration of the proposed assessment; (d) the reason for the
assessment; (e) the basis upon which the amount of the proposed assessment was
calculated; (f) the date, time and place of the public hearing as specified in this resolution;
and (g) a summary of the voting procedures and the effect of a majority protest. The form
of the written mailed public notice also included an Assessment ballot by which each
property owner could express their support or opposition to the proposed assessment.
The ballot indicated that it must be returned before the conclusion of the public hearing
on March 15, 2022, in order to be valid and counted, and that all assessment ballots
received by the City Clerk (the “Tabulator”), would be tabulated after the conclusion of the
public input portion of the public hearing on March 15, 2022, by the City Clerk.
WHEREAS, pursuant to the provisions of California Constitution Article XIIID, an
opportunity for protest has been afforded, and the assessment ballots mailed to owners
of assessable real property within the proposed boundaries of the Landscape
Assessment District No. 39-2022 have been received and tabulated, with assessment
ballots weighted according to the proportional financial obligation of each affected parcel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The above Recitals are in all respects true and correct.
Section 2. The canvass of the assessment ballots submitted by the property
owners is complete and certified by the Tabulator, and the votes cast are as follows:
Total Number of Valid Ballots Processed:
Total Assessment Amount of Valid Ballots: $
Total Number of “Yes” Votes Processed:
Total Assessment Amount of “Yes” Votes Processed: $
Percentage of “Yes” votes, unweighted: %
Total Percentage of “Yes” Ballots, weighted: %
Total Number of “No” Votes Processed:
Total Assessment Amount of “No” Votes Processed: $
Percentage of “No” votes, unweighted: %
Total Percentage of “No” Ballots, weighted: %
Total Number of “Invalid” Votes Processed
Total Assessment Amount of “Invalid” Votes Processed: $
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Resolution No. 2022-13
3
Section 3. _________assessment ballots were returned and received prior to
the close of the public hearing on March 15, 2022. This represents a ______% ballot
return rate on the 1,238 ballots mailed. Of the assessment ballots returned, ________
assessment ballots were declared invalid in that they were either not marked with a “Yes”
or “No”, were marked with both a “Yes” and a “No”, were not signed, or the property
ownership and barcode information was illegible.”
Section 4. As determined by ballots cast, as weighted according to the amount
of assessment for each parcel, ______________% of the property owners cast ballots in
support of Landscape Assessment District No. 39-2022. Since a majority protest, as
defined by Article XIIID of the California Constitution, did not exist, this City Council
thereby acquired jurisdiction to order the levy of assessment prepared by and made a
part of the Engineer's Report to pay the costs and expenses thereof.
Section 5. The Final Engineer’s Report for Landscape Maintenance District No.
39-2022, together with the diagram of the Assessment District contained therein, and the
proposed assessment roll for Fiscal Year 2022-23 are hereby confirmed and approved.
Section 6. Based on the oral and documentary evidence, including the
Engineer’s Report, offered and received at the public hearing, the City Council expressly
finds and determines that: (a) each of the several assessed lots and parcels of land within
the District will be specially benefited by the Improvements (as described in the
Engineer’s Report) in at least the amount of the Assessment apportioned against such
lots and parcels of land, respectively; and (b) that there is substantial evidence to support,
and the weight of the evidence preponderates in favor of, said finding and determination
as to special benefit to property with the District from the Improvements to be financed
with assessment proceeds.
Section 7. Landscape Assessment District No. 39-2022 is hereby formed, and
assessments consistent with the Engineer’s Report are hereby levied, pursuant to the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and
Highways Code.
Section 8. Assessments for Fiscal Year 2022-23 shall be levied at the rate of
five hundred four dollars and fifty-eight cents ($504.58) for Zone A, four hundred ninety-
one dollars and ninety-seven cents ($491.97) for Zone B, and four hundred sixty-six
dollars and seventy-five cents ($466.75) for Zone C as specified in the Engineer’s Report
for Fiscal Year 2022-23 with estimated total annual assessment revenues as set forth in
the Engineer’s Report.
Section 9. The Landscape Assessment District No. 39-2022 Improvements to
be financed with assessment proceeds described in the Engineer’s Report are hereby
ordered.
Section 10. The authorized maximum assessment to be levied in future Fiscal
Years shall be increased by an amount up to the change in the Los Angeles-Riverside-
Orange County area Consumer Price Index, which adjustment shall be based on actual
6.1.a
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Resolution No. 2022-13
4
costs, including any reasonable reserves, supported by an Engineer’s Report prepared
in accordance with Article XIIID of the California Constitution.
Section 11. The assessment is in compliance with the provisions of the Act, and
the City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2022-23.
Section 12. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2022-23 property tax bills meet the requirements of
Proposition 218 that added Article XIIID to the California Constitution.
Section 13. The assessments are levied without regard to property valuation.
Section 14. Immediately upon the adoption of this resolution, but in no event later
than the second Monday in August following such adoption, the City Council shall cause
to be filed a certified copy of the Diagram and Assessment and a certified copy of this
resolution with the Auditor/Tax Collector of the County of Los Angeles (“County
Auditor/Tax Collector”). Upon such filing, the County Auditor/Tax Collector shall enter on
the County tax roll opposite each lot or parcel of land the amount of assessment
thereupon as shown in the Assessment. The assessments shall be collected at the same
time and in the same manner as County taxes are collected and all laws providing for the
collection and enforcement of County taxes shall apply to the collection and enforcement
of the assessments. After collection by the County Tax Collector, the net amount of the
assessments, after deduction of any compensation due the County for collection, shall be
paid to the City of Diamond Bar Landscape Assessment District No 39-2022.
Section 15. The monies representing assessments collected shall be deposited
in a separate fund established under the distinctive designation of the Landscape
Assessment District No. 39-2022. Funds collected from Landscape Assessment District
No. 39-2022 Assessment shall be expended only for the special benefit of parcels within
the District.
Section 16. The Landscape Assessment District No. 39-2022 Assessment, as it
applies to any parcel, may be corrected, cancelled or a refund granted as appropriate, by
order of the City Council by a determination from the Assessment Engineer that the
Assessment should be revised to be consistent with the method of assessment
established in the Engineer’s Report. Any such corrections, cancellations or refunds shall
be limited to the current Fiscal Year.
Section 17. The City Clerk shall certify to the adoption of this Resolution; and
staff shall cause a true and correct copy of this Resolution to be published pursuant to
California Government Code § 6061.
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Resolution No. 2022-13
5
PASSED, ADOPTED AND APPROVED this 15th day of March 2022.
CITY OF DIAMOND BAR
__________________________
Ruth M. Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at the regular meeting of
the City Council of the City of Diamond Bar held on the 15th day of March, 2022 by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
6.1.a
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Resolution No. 2022-13
6
EXHIBIT A
6.1.a
Packet Pg. 78
RESOLUTION NO. 2022-13
(NO FORMATION)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, CERTIFYING THE RESULTS OF THE BALLOT
PROCEEDING FOR LANDSCAPE ASSESSMENT DISTRICT NO. 39-
2022
WHEREAS, by Resolution No. 2021-50, approved on November 2, 2021, the City
Council ordered the initiation of proceedings for the formation of a landscape
maintenance district pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of
Division 15 of the California Streets and Highways Code (commencing with § 22500
thereof) (“Act”) and Article XIII-D of the California Constitution to be known as the
Landscape Assessment District No. 39-2022 (“Assessment District”) of the City of
Diamond Bar, for the purpose of financing the cost of installation, maintenance and
servicing as detailed in the Engineer’s Report prepared by the Assessment Engineer, SCI
Consulting Group.
WHEREAS, the City Council has adopted a resolution approving and filing an
Engineer’s Report which includes: (1) a description of the Improvements to be funded
with assessment proceeds; (2) an estimate of the annual cost of the Improvements
described in the Engineer’s Report; (3) a description of the assessable parcels of land
within the District and proposed to be subject to the new assessment; (4) a description of
the proportionate special and general benefits conferred on property by the proposed
assessment; (5) a diagram and boundary map for the Assessment District, and (6) a
specification of the amount to be assessed upon various types of assessable land within
the Assessment to fund the cost of the Improvements. The Engineer’s Report is
incorporated herein by this reference.
WHEREAS, the City Council adopted Resolution No. 2022-03 on January 18,
2022, a Resolution Declaring Intention to Levy Assessments, Preliminarily Approving the
Engineer’s Report, Providing Notice of Public Hearing and the Mailing of the Assessment
Ballots. The annual assessment rates for various types of real property within the
proposed assessment, the total number of parcels to be assessed, and the total amount
of annual assessment revenue is contained within the Engineer’s Report.
WHEREAS, the City Council adopted Resolution No. 2019-18 on May 21, 2019, a
Resolution of Intention to Conform with Proposition 218 and its requirements.
WHEREAS, the City Council has provided a 45-day written mailed notice to each
record owner of assessable parcels of real property located within the Assessment
boundaries for the proposed Landscape Assessment District, as set forth on the
Assessment Diagram and Boundary Map, of a public hearing which was held at a regular
meeting of the City Council on March 15, 2022, at 6:30 p.m. in the Windmill Room, located
at 21810 Copley Drive, Diamond Bar, CA, on the issue of whether the Landscape
Assessment District should be formed and assessments levied and collected as proposed
in the Engineer’s Report for Fiscal Year 2022-23 and future Fiscal Years.
6.1.b
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Resolution No. 2022-13
2
WHEREAS, the form of written mailed public notice of the public meeting
contained the following information: (a) the total amount of assessments proposed to be
levied within the District for Fiscal Year 2022-23; (b) the assessment chargeable to each
owner’s parcel; (c) the duration of the proposed assessment; (d) the reason for the
assessment; (e) the basis upon which the amount of the proposed assessment was
calculated; (f) the date, time and place of the public hearing as specified in this resolution;
and (g) a summary of the voting procedures and the effect of a majority protest. The form
of the written mailed public notice also included an Assessment ballot by which each
property owner could express their support or opposition to the proposed assessment.
The ballot indicated that it must be returned before the conclusion of the public hearing
on March 15, 2022, in order to be valid and counted, and that all assessment ballots
received by the City Clerk (the “Tabulator”), would be tabulated after the conclusion of the
public input portion of the public hearing on March 15, 2022, by the City Clerk.
WHEREAS, pursuant to the provisions of California Constitution Article XIIID, an
opportunity for protest has been afforded, and the assessment ballots mailed to owners
of assessable real property within the proposed boundaries of the Landscape
Assessment District No. 39-2022 have been received and tabulated, with assessment
ballots weighted according to the proportional financial obligation of each affected parcel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The above Recitals are in all respects true and correct.
Section 2. The canvass of the assessment ballots submitted by the property
owners is complete and certified by the Tabulator, and the votes cast are as follows:
Total Number of Valid Ballots Processed:
Total Assessment Amount of Valid Ballots: $
Total Number of “Yes” Votes Processed:
Total Assessment Amount of “Yes” Votes Processed: $
Percentage of “Yes” votes, unweighted: %
Total Percentage of “Yes” Ballots, weighted: %
Total Number of “No” Votes Processed:
Total Assessment Amount of “No” Votes Processed: $
Percentage of “No” votes, unweighted: %
Total Percentage of “No” Ballots, weighted: %
Total Number of “Invalid” Votes Processed
Total Assessment Amount of “Invalid” Votes Processed: $
6.1.b
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Resolution No. 2022-13
3
Section 3. _________assessment ballots were returned and received prior to
the close of the public hearing on March 15, 2022. This represents a ______% ballot
return rate on the 1,238 ballots mailed. Of the assessment ballots returned, ________
assessment ballots were declared invalid in that they were either not marked with a “Yes”
or “No”, were marked with both a “Yes” and a “No”, were not signed, or the property
ownership and barcode information was illegible.”
Section 4. As determined by ballots cast, as weighted according to the amount
of assessment for each parcel, ______________% of the property owners cast ballots in
support of Landscape Assessment District No. 39-2022. Since a majority protest, as
defined by Article XIIID of the California Constitution, exists, the measure fails and the
Assessment District cannot be formed or its proposed assessments levied.
Section 5. The results of the ballot proceeding are hereby certified by the City
Council of the City of Diamond Bar.
Section 6. The City Clerk shall certify to the adoption of this Resolution; and
staff shall cause a true and correct copy of this Resolution to be published pursuant to
California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 15th day of March 2022.
CITY OF DIAMOND BAR
__________________________
Ruth M. Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at the regular meeting of
the City Council of the City of Diamond Bar held on the 15th day of March 2022, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
6.1.b
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Resolution No. 2022-13
4
EXHIBIT A
6.1.b
Packet Pg. 82
FY 2022-23
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Pursuant to the Landscaping and Lighting Act of
1972, Government Code and Article XIIID of the
California Constitution
December 2021
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
i
(This Page Intentionally Left Blank)
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
ii
C ity of Diamond Bar
City Council
Ruth M. Low, Mayor
Andrew Chou, Mayor Pro Tem
Stan Liu, Councilmember
Nancy A. Lyons, Councilmember
Steve Tye, Councilmember
City S t aff
Dan Fox, City Manager
David Liu, Public Works Director / City Engineer
Hall Ghafari, Public Works Manager
City Attorney
David DeBerry
Engineer of Work
Jerry Bradshaw, P.E., SCI Consulting Group
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
iii
(This Page Intentionally Left Blank)
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
iv
Table of Contents
Introduction 1
Overview 1
Engineer’s Report and Continuation of Assessments 1
Legislative Analysis 2
Plans & Specifications 5
Fiscal Year 2022-23 Estimate of Cost and Budget 7
Budget for Fiscal Year 2022-23 7
Method of Assessment Apportionment 9
Method of Apportionment 9
Discussion of Benefit 9
Special Benefit 11
General Versus Special Benefit 13
Benefit Finding 14
Zones of Benefit 17
Method of Apportionment 20
Residential Properties 20
Vacant/Undeveloped Properties 20
Other Property Types 21
Annual Cost Indexing 22
Duration of Assessment 22
Appeals of Assessments Levied to Property 22
Assessment Funds Must Be Expended Within the District Area 23
Assessment 24
Assessment Diagram 26
Assessment Roll 28
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
v
L ist of Tables
Table 1: FY 2022-23 Estimate of Costs ................................................................................ 7
Table 2: Assessment Rate Determination ........................................................................... 8
Table 3: Relative Benefit Levels ........................................................................................ 13
Table 4: Zones of Benefit – Relative Levels ....................................................................... 18
Table 5: FY 2022-23 Summary Cost Estimate ................................................................... 24
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City of Diamond Bar
Landscaping Assessment District No. 39
Engineer’s Report, Fiscal Year 2022-23
Page 1
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of
the City. In order to fund the maintenance and operation (“Services”) of these projects
and improvements, Landscaping Assessment District No. 39 was formed in 1985 by the
County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon
incorporation in 1989, the City assumed jurisdiction over the District. Since the passage
of Proposition 218, the assessments for this existing District cannot be increased beyond
the previously approved amount of $236.00 per parcel. This assessment amount does
not generate sufficient revenue to fund the District’s improvements and services, and the
annual shortfalls have been funded by the City’s General Fund.
The City Council has directed that a new assessment be proposed and voted on by
property owners within the District in accordance with Proposition 218 (Article XIIIC and
D or the California Constitution). Their intent is to replace the existing District No. 39 with
a new District No. 39-2022 that would adhere to the existing boundary and include the
same improvements and services. If approved, the existing District No. 39 will be
dissolved.
This Engineer’s Report ("Report") was prepared to establish the budget for the
Improvements (as described below) that will be funded by the proposed assessments and
other revenue, and to determine the general and special benefits received from the
Improvements by property within the District and the method of assessment
apportionment to lots and parcels. This Report and the assessments have been made
pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code (the "Act") and Article XIIID of the California
Constitution (the “Article”).
E ngineer ’s Report and Continuation of Assessments
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District,
and the method of assessment apportionment to lots and parcels within the District.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
2
If the Council approves this Engineer’s Report and the proposed Assessments by
resolution, a ballot and notice will be mailed to each property owner as identified in the
most recent equalized tax roll prepared by the Los Angeles County Assessor’s office. The
resolution preliminarily approving the Engineer’s Report and mailed notice will include
the date for a public hearing at which time all ballots must be received to be counted in
accordance with Government Code Section 53753. The notice and ballots must be mailed
at least 45 days prior to the public hearing.
At the appointed time and place, a public hearing is held for the purpose of allowing public
testimony about the proposed Assessments. At this hearing, the Council will hear public
testimony and tabulate all ballots turned in before the close of the public comment period
of the public hearing. If it is determined that the assessment ballots submitted in
opposition to the proposed Assessments do not exceed the assessment ballots submitted
in favor of the Assessments (each ballot is weighted by the proportional financial
obligation of the property for which the ballot is submitted) the Council may take action
to approve the levying of Assessments for Fiscal Year 2022-23. If so confirmed and
approved, the Assessments would be submitted to the Los Angeles County
Auditor/Controller for inclusion on the property tax rolls for fiscal year 2022-23.
L egislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6,
1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218
provides for benefit assessments to be levied to fund the cost of providing services and
improvements, as well as maintenance and operation expenses to a public improvement
which benefits the assessed property.
S ilicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4 th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found that:
➢ Benefit assessments are for special, not general, benefit
➢ The services and/or improvements funded by assessments must be
clearly defined
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
3
➢ Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
➢ The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
Dahms v. Downtown Pomona Prope rty (2009) 174 Cal. App. 4 th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
B onander v. Town of Tiburon (2009) 180 Cal. App. 4 th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
B eutz v. County of Riverside (2010) 184 Cal. App. 4 th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
G olden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4 th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden
Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an
assessment for street and landscaping maintenance in the Greater Golden Hill
neighborhood of San Diego, California. The court described two primary reasons for its
decision. First, like in Beutz, the court found the general benefits associated with
services were not explicitly calculated, quantified and separated from the special
benefits. Second, the court found that the City had failed to record the basis for the
assessment on its own parcels.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
4
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of
Article XIIIC and XIIID of the California Constitution because the Improvements to be
funded are clearly defined; the benefiting property in the District enjoys close and unique
proximity, access and views to the Improvements; the Improvements serve as an
extension of usable land area for benefiting properties in the District and such special
benefits provide a direct advantage to property in the District that is not enjoyed by the
public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because
the Improvements will directly benefit property in the District and the general benefits
have been explicitly calculated and quantified and excluded from the Assessments. The
Engineer’s Report is consistent with Bonander because the Assessments have been
apportioned based on the overall cost of the Improvements and Services proportional
special benefit to each property, rather than the proportional cost to the District to
provide the Improvements to specific properties.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
5
P lans & Speci fications
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 39-2022, (“District”), and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in
the Method of Assessment herein. In addition to the definitions provided by the
Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are
generally described as mini-parks, slopes and open space areas within the District. The
Assessment Diagram shows the location and extent of the Improvements to be installed,
maintained or serviced by the proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis
courts, other recreational facilities, graffiti removal and repainting, and labor, materials,
supplies, utilities and equipment, as applicable, at each of the locations owned, operated
or maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage, lights, playground equipment,
play courts, playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements, or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
6
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
7
Fiscal Year 2022-23 Estimate of Cost and Budget
Budget for Fiscal Year 2022 -23
The 1972 Act provides that the total costs for providing the maintenance and servicing of
the District Improvements and facilities can be recovered in the assessment spread
including incidental expenses. The latter can include engineering fees, legal fees, printing,
mailing, postage, publishing and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2022-23 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2022-23 Estimate of Costs
Expenditure Item Amount
Salaries & Benefits 27,000$
Operating Expenses
Advertising 5,000
Utilities 141,500
Maintenance of Grounds/Buildings 36,000
Professional Services 6,000
Contract Services
Trail & Landscape Maintenance 151,000
Tree Maintenance 30,000
Weed/Pest Abatement 52,000
33% of all other costs 1 148,005
Estimated Expenditures 596,505$
Contingencies/Reserves 10%59,651
Estimated Expenditures 656,156$
Revenue Item Amount
Direct Benefit Assessments 612,713$
Carryover from Fund Balance 0
General Fund Contribution 6.62%43,443
Estimated Revenues 2 656,156$
Additional Enhancement and Improvement
1. Approximately $63,100 of the FY 2022-23 Additional Enhancement and
Improvement budget will be used to reimburse the General Fund for FY 2021-
22 balloting costs.
2. The Act requires that proceeds from the assessments must be deposited into
a special fund that has been set up for the revenues and expenditures of the
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
8
District. Moreover, funds raised by the assessment shall be used only for the
purposes stated within this Report. Any balance remaining at the end of the
Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District
may also establish a reserve fund for contingencies and special projects as well
as a capital improvement fund for accumulating funds for larger capital
improvement projects or capital renovation needs. Any remaining balance
would either be placed in the reserve fund or would be used to reduce future
years' assessments.
Table 2 below shows how the assessment rates are determined including the estimated
number of single-family equivalents (“SFE”) and how the costs of improvements are
allocated to parcels in the various benefit zones as defined later in this Report.
Table 2: Assessment Rate Determination
Single-Family Equivalents Parcels SFE factor SFEs
Zone A 176 100.0%176.00
Zone B 971 97.5%946.73
Zone C 99 92.5%91.58
Total 1246 1,214.30
Budget Allocation to Parcels Amount
Total Assessment Budget 612,713$
Total SFEs 1,214.30
Assessment per SFE 1 504.58$
Zone A Assessment Rate 504.58$
Zone B Assessment Rate 491.97$
Zone C Assessment Rate 466.74$
1. The rate shown here is for a single-family home or its equivalent. For the definition of the term
SFE and rates for other types of property, see the section titled, “Method of Assessment
Apportionment” and the sections following it in this report.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
Page
9
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the
Improvements and the methodology used to apportion the total assessment to properties
within the District.
The District consists of certain assessor parcels within the boundaries as defined by the
Assessment Diagram referenced in this report and the parcels identified by the Assessor
Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly
owned parcels as shown. The method used for apportioning the Assessment is based
upon the relative special benefits to be derived by the properties in the District over and
above general benefits conferred on real property or to the public at large. The
Assessment is apportioned to lots and parcels in proportion to the relative special benefit
from the Improvements. The apportionment of special benefit is a two-step process: the
first step is to identify the types of special benefit arising from the Improvements and the
second step is to allocate the Assessments to property based on the estimated relative
special benefit for each type of property.
D iscussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property and that the value of
the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel."
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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The following benefit categories summarize the types of special benefit to residential,
commercial, industrial, and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity and access to Improved Landscaped Areas and Other Public
Improvements within the District.
B. Improved Views within the District.
C. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
D. Safety and Security within the District
E. Creation of individual lots for residential use that, in absence of the Assessments,
would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
➢ Proximity
➢ Expanded or improved access
➢ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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Moreover, the Dahms decision further clarified that certain services and improvements
funded by assessments, that are over and above what otherwise would be provided and
that other property in general and the public do not share or receive are 100% special
benefit. The assessment-funded services upheld by Dahms included streetscape
maintenance and security services.
S pecial Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to I mproved L andscaped A reas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that
are over and above what otherwise would be provided. Improvements that are over and
above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
I mproved V iews within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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E xtension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial, and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
S afety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private
improvements funded by the Assessments in the District, provides increased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical
fire suppression.
C reation of Individual Lots for Residential Use that, in Absence of the
Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for
improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided
and for development of the parcels to occur. As parcels were sold, new owners were
informed of the Assessments through the title reports, and in some cases, through
Department of Real Estate “White Paper” reports that the parcels were subject to
assessment. Purchase of property was also an “agreement” to pay the Assessment.
Therefore, in absence of the Assessments, the lots within most of the District would not
have been created. These parcels, and the improvements that were constructed on the
parcels, receive direct advantage and special benefit from the Assessments.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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S ummary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises
100% of the benefit because the Improvements were incorporated into the original
planning and design of the subdivision, and thus were deemed to be necessary and
required for the development of the lot. Without those Improvements and associated
benefit, the lots would not have been created in the first place. Nevertheless, four other
definitive benefits accruing to the parcels within the District are identified, and an
allowance should be made within the overall relative importance of benefits. The relative
benefit level of the five identified benefits used in this Report is shown below.
Table 3: Relative Benefit Levels
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
G eneral V ersus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase
or impose a benefit assessment to “separate the general benefits from the special
benefits conferred on a parcel.” The rationale for separating special and general benefits
is to ensure that property owners subject to the benefit assessment are not paying for
general benefits. An assessment can fund special benefits but cannot fund general
benefits. Accordingly, a separate estimate of the special and general benefit is given in
this section.
In other words:
Total
Benefit =General
Benefit +Special
Benefit
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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There is no widely accepted or statutory formula for general benefit. General benefits
are benefits from improvements or services that are not special in nature, are not
“particular and distinct” and are not “over and above” benefits received by other
properties. SVTA vs. SCCOSA provides some clarification by indicating that general
benefits provide “an indirect, derivative advantage” and are not necessarily proximate to
the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted
so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level
of service. The Assessment will fund Improvements “over and above” this general,
baseline level and the general benefits estimated in this section are over and above the
baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside the
Assessment District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+Benefit to the
Public at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and
distinct benefit over and above general benefits conferred on real property located in the
district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special
benefit is conferred to a property if it “receives a direct advantage from the improvement
(e.g., proximity to a park).” In these Assessments, as noted, properties in the District have
close and unique proximity, views and access to the Improvements and uniquely
improved desirability and other benefits from the Improvements, and the public at large
does not receive significant benefits because they do not have proximity, access or views
of the Improvements. Therefore, the overwhelming proportion of the benefits conferred
to property is special and is only minimally received by property outside the Districts or
the public at large.
B enefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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B enefit to Property Outside the Assessment District s
Properties within the District receive almost all the special benefits from the
Improvements because properties in the District enjoy unique close proximity and access
to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but
outside of the boundaries of the District, may receive some benefit from the
Improvements. Since this benefit is conferred to properties outside the District
boundaries, it contributes to the overall general benefit calculation and will not be funded
by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are eight parcels outside the District that lie within a half mile travel
distance of one of mini parks within the District. In addition, there are 79 parcels outside
the District that are directly adjacent to areas where brush clearing activity is performed
by the District. The benefits conferred to these properties do not include the Lot Creation
benefit factor, therefore the benefit is reduced by 60%. The general benefit to property
outside of the District is calculated as follows.
87 Parcels Outside District
1,246 Parcels In the District
40%Benefit Factor
87
87 +1,246 x 40%
Assumptions:
Calculation:
General Benefit to Property Ouside the District
=2.61%
B enefit to Property Inside the Assessment District s that is Indirect and
Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult
to calculate. A solid argument can be presented that all benefit within the District is
special because the other Improvements are clearly “over and above” and “particular and
distinct” when compared with the baseline level of service and the unique proximity,
access and views of the other Improvements enjoyed by benefiting properties in the
District.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as
regional parks, major roads, rail lines and other regional facilities because such properties
used for regional purposes could provide indirect benefits to the public at large.
Approximately 1.51% of the land area in the District is used for such regional purposes,
so this is a measure of the general benefits to property within the District.
B enefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount
of time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. There are two ways
in which the public at large can enjoy the improvements, with each counting for half the
general benefit: use of parks, and pass-by trips where landscaped areas can be viewed.
In the case of the mini parks that serve primarily the neighborhood, City staff estimate
that approximately 10% of the users do not live, work or own property in the District. The
general landscape improvements are typically along slopes and open space areas, out of
view of the general public, so no general benefit is conferred for views of landscaping.
Finally, the general benefits conferred to the public at large does not include the benefit
of lot creation, so this benefit is further reduced by half. Therefore, we find that ((50% of
10%) x 50% =) 2.50% of the benefits from the Improvements are general benefits to the
public at large.
T otal General Benefits
Using a sum of these three measures of general benefit,
2.61%Outside the District
1.51%Inside the District
2.50%Public At Large
6.62%Total General Benefit
Landscaping General Benefit Calculation
we find that approximately 6.62% of the benefits conferred by the Improvements may be
general in nature and should be funded by sources other than the assessment.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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Z ones of Benefit
The boundaries of the District were developed in conjunction and concurrent with the
planning and design of the subdivisions and Improvements, and thus include only the
properties in the City of Diamond Bar that are proximate to the Improvements and that
would materially benefit from the Improvements. Certain other properties surrounding
the District were not part of the designed association between the Improvements and the
assessed areas and are generally less proximate to the Improvements. In other words, the
boundaries of the District have been narrowly drawn to include only properties that will
specially benefit from the Improvements and would receive a declining level of service if
the Assessments were not approved.
The SVTA decision indicates:
“In a well-drawn district — limited to only parcels receiving special benefits from
the improvement — every parcel within that district receives a shared special
benefit. Under section 2, subdivision (i), these benefits can be construed as being
general benefits since they are not ‘particular and distinct’ and are not ‘over and
above’ the benefits received by other properties ‘located in the district.’
“We do not believe that the voters intended to invalidate an assessment district
that is narrowly drawn to include only properties directly benefiting from an
improvement. Indeed, the ballot materials reflect otherwise. Thus, if an
assessment district is narrowly drawn, the fact that a benefit is conferred
throughout the district does not make it general rather than special. In that
circumstance, the characterization of a benefit may depend on whether the parcel
receives a direct advantage from the improvement (e.g., proximity to park) or
receives an indirect, derivative advantage resulting from the overall public
benefits of the improvement (e.g., general enhancement of the district’s property
values).”
In the District, the benefit that each parcel receives from the Improvements is direct, and
the boundaries are narrowly drawn to include only parcels that benefit from the
Assessment. However, proximity to the improvements varies somewhat within the
District. In order to most conservatively assure that Assessments are proportional to the
relative benefits in the District, three zones have been created:
A. In the area south of Grand Avenue the concentration of landscaped areas (brush
and slopes) as well as mini parks is the greatest.
B. In the area north of Grand Avenue but south of Pantera Park there is less
concentration of landscaped slopes and brush-cleared areas, but still a high
concentration of mini parks.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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C. In the area around and north of Pantera Park there is less concentration of
landscaped slopes and brush-cleared areas and no mini parks within a half mile.
Based on the varying characteristics of these three distinct zones, each of the five benefit
categories have been assigned a benefit factor to estimate the overall relative benefit.
Using Zone A as the benchmark (100%), the other two zones derive less benefit due to
the proximity of relatively fewer improvements. This estimation is summarized below.
Table 4: Zones of Benefit – Relative Levels
Benefit Category Weight
Factor Benefit Factor Benefit Factor Benefit
Proximity & Access 10%100%10.0%75%7.5%75%7.5%
Views 10%100%10.0%100%10.0%75%7.5%
Outdoor Area Ext.10%100%10.0%100%10.0%75%7.5%
Safety & Security 10%100%10.0%100%10.0%100%10.0%
Creation of Lots 60%100%60.0%100%60.0%100%60.0%
Relative Benefit 100.0%97.5%92.5%
Zone A Zone B Zone C
A map of these zones is shown on the following page.
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Method of A pportionment
As previously discussed, the proposed Assessments will provide comprehensive
Improvements that will clearly confer special benefits to properties in the proposed
District. The allocation of special benefits to property is partially based on the type of
property and the size of property. These benefits can also partially be measured by the
occupants on property in the District because such parcel population density is a measure
of the relative benefit a parcel receives from the Improvements. It should be noted that
many other types of “traditional” assessments also use parcel population densities to
apportion the Assessments. For example, the assessments for sewer systems, roads and
water systems are typically allocated based on the population density of the parcels
assessed. Therefore, the apportionment of benefit is reasonably based on the type of
parcel, the size of parcels and the population density of parcels.
The next step in apportioning Assessments is to determine the relative special benefit for
each property. This process involves determining the relative benefit received by each
property in relation to a single-family home, or, in other words, on the basis of Single-
Family Equivalents (SFE). This SFE methodology is commonly used to distribute
Assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of Assessments. For the
purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each
property’s relative benefit in relation to a single-family home on one parcel. In this case,
the "benchmark" property is the single-family detached dwelling which is one Single
Family Equivalent or one SFE.
R esidential Propert ies
In the District, there is only one type of residential property present: the single-family
home. Other types of residential property, such as multifamily, apartments and
condominiums, are not present. Furthermore, the property in the District is fully
developed, has been stable since its original development in the late 1980s, and is zoned
such that a change in that dominate land use is not expected in the future. As a result,
there is no need for a detailed analysis of population densities to determine relative
benefit for other types of residential properties. Each single-family residential property is
assigned one SFE.
V acant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the
following discussion is included in the event that properties become vacant in the future.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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The benefit to undeveloped properties is determined to be proportional to the
corresponding benefits for similar type developed properties, but at a lower rate due to
the lack of improvements on the property. A measure of the benefits accruing to the
underlying land is the average value of land in relation to Improvements for developed
property. An analysis of the assessed valuation data from the City of Diamond Bar found
that approximately 45% of the assessed value of improved properties is classified as the
land value. It is reasonable to assume, therefore, that approximately 45% of the benefits
are related to the underlying land and 55% are related to the improvements and the day-
to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels
is 0.45 per parcel.
O ther Propert y Types
Notwithstanding the foregoing discussion, there are four other types of property uses to
be considered: School, municipal park, water utility, and open space. These are discussed
below.
School Property: Pantera Elementary School lies within the District and may derive some
benefit from the Improvements. However, all benefits that may be derived from the
Improvements are included in the General Benefits calculation noted earlier. Therefore,
the School accrues no further Special Benefit and is not assessed a fee.
Municipal Park: Pantera Park lies partly within the District. However, all benefits that
may be derived from the improvements are included in the General Benefits calculation
noted earlier. Therefore, the park accrues no further special benefit and is not assessed
a fee.
Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used
to supply water for domestic use and fire protection. This property has no people
stationed on-site and derives no benefit in any category. Therefore, it is not assessed a
fee.
Open Space: The open space parcels that lie within the District are part of the
improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a
fee.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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A nnual Cost Indexing
The assessment shall be subject to an adjustment tied to the Consumer Price Index-U for
the Los Angeles-Riverside-Orange County area as of December of each succeeding year
(the “CPI”). The maximum authorized assessment rate is equal to the maximum
assessment rate in the first fiscal year the Assessment was levied adjusted annually by the
change in CPI.
D uration of Assessment
It is proposed that the Assessments, if approved by property owners, will be continued
every year after their formation, so long as the public Improvements need to be
maintained and improved, and the City requires funding from the Assessments for these
Improvements in the District. As noted previously, the Assessment can continue to be
levied annually after the City Council approves an annually updated Engineer’s Report,
budget for the Assessment, Improvements to be provided, and other specifics of the
Assessment. In addition, the City Council must hold an annual public hearing to
continue the Assessment.
Appeals of Assessments Levied t o Property
Any property owner who feels that the Assessment levied on the subject property is in
error as a result of incorrect information being used to apply the foregoing method of
assessment may file a written appeal with the City of Diamond Bar City Manager or his or
her designee. Any such appeal is limited to correction of an Assessment during the then-
current Fiscal Year and applicable law. Upon the filing of any such appeal, the City
Manager or his or her designee will promptly review the appeal and any information
provided by the property owner. If the City Manager or his or her designee finds that the
Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been
filed with the County for collection, the City Manager or his or her designee is authorized
to refund to the property owner the amount of any approved reduction. Any dispute over
the decision of the City Manager or his or her designee shall be referred to the Diamond
Bar City Council, and the decision of the City Council shall be final.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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A ssessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other
costs shall be expended exclusively for Improvements within the boundaries of the
District or as described herein, and appropriate incidental and administrative costs as
defined in the Plans and Specifications section.
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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A ssessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare
and file a report presenting an estimate of costs, a Diagram for the District and an
assessment of the estimated costs of the Improvements upon all assessable parcels within
the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act,
Article XIIID of the California Constitution, and the order of the City of Diamond Bar City
Council, hereby makes the following Assessment to cover the portion of the estimated
cost of the Improvements, and the costs and expenses incidental thereto to be paid by
the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be
paid by the District for the Fiscal Year 2022-23 is generally as follows:
Table 5: FY 2022-23 Summary Cost Estimate
Salaries & Benefits 27,000$
Operating Expenses & Services 421,500
Capital Improvements / Reserves 207,656
Total for Services 656,156$
Less General Fund Contribution (43,443)
Less Carryover 0
Net Amount to Assessments 612,713$
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in
the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and
lots of land within the District, in accordance with the special benefits to be received by
each parcel or lot, from the Improvements, and more particularly set forth in the Estimate
of Cost and Method of Assessment in the Report.
The Assessment is made upon the parcels or lots of land within the District in proportion
to the special benefits to be received by the parcels or lots of land, from the
Improvements.
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2022-2023
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Each parcel or lot of land is described in the Assessment Roll by reference to its parcel
number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year
2022-23. For a more particular description of the property, reference is hereby made to
the deeds and maps on file and of record in the office of the County Recorder of the
County.
I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the
Assessment Roll, the amount of the assessment for the Fiscal Year 2022-23 for each parcel
or lot of land within the District.
Dated: December 20, 2021
Engineer of Work
By
Jerry Bradshaw, License No. C48845
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Landscaping Assessment District No. 39-2022
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Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 39-2022 are shown on the Assessment Diagram, which is on file with the City Clerk of
the City of Diamond Bar and includes all those properties included in the original
formation of the District and subsequent annexations. The following Assessment Diagram
is for general location only and is not to be considered the official boundary map. The
lines and dimensions of each lot or parcel within the District are those lines and
dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal
Year 2022-23, and are incorporated herein by reference, and made a part of this Diagram
and this Report.
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Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this
Report and is available for public inspection during normal office hours at the City Hall at
21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
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Agenda #: 6.1
Meeting Date: March 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO.
39-2022.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Receive presentation, open the Public Hearing to receive testimony, close the Public
Hearing, tabulate all valid ballots received, and take the following actions:
A. If a majority protest does not exist (i.e., a weighted majority of ballots cast are in
favor of the measure), adopt Resolution 2022-13 (FORMATION) approving the
Engineer’s Report, Confirming Diagram and Assessment, and Ordering Levy of the
Landscape Assessment District No. 39-2022 Assessment for Fiscal Year 2022/23; or
B. If a majority protest does exist (i.e., a weighted majority of ballots cast are opposed
to the measure), adopt Resolution No. 2022-13 (NO-FORMATION) Certifying the
Results of the Ballot Proceeding for Landscape Assessment District No. 39-2022.
FINANCIAL IMPACT:
New District 39-2022 Engineer's Report Assessments - The attached FY 2022/23
Engineer's Report for the proposed District 39-2022 shows that the costs are annualized
at $656,156. If approved by the property owners, the new annual assessments ranging
from $466.74 to $504.58 per parcel would generate revenues of $612,713, which would
be supplemented by $43,443 from the General Fund for the requisite general benefit
portion of the proposed District. Considering that District 39-2022 is proposed to pay
$27,000 in staff costs to administer the District, which otherwise would be paid from the
General Fund, the net General Fund contribution to the maintenance cost of the
proposed District would be $16,443.
New District 39-2022 Approved - If the proposed District 39-2022 is approved, the FY
2022/23 General Fund contribution with full services to maintain the District is estimated
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at $43,450. This amount reflects the requisite general benefit amount (6.62%) assigned
in the Engineer's Report. It is anticipated that increases in costs for services will not
further significantly impact the General Fund in future years because the new District
39-2022 provides for an increase in assessments based upon the Consumer Price
Index.
New District 39-2022 Not Approved - If the proposed District 39-2022 is not approved,
the maintenance of the City-owned five mini-parks, trails, and open space areas will
remain the City's responsibilities. The FY 2022/23 General Fund contribution for full
services for City property maintenance is estimated at $175,000 or about $38,000 less
than it would be with now-dissolved subsidized District 39 ($213,400 vs. $175,000). The
General Fund contribution would increase in future fiscal years as costs increase.
Under any of the above scenarios, appropriate funding will be proposed in the Public
Works Department Operating Budget for the Fiscal Year 2022/23 and thereafter to
maintain the City's mini-parks, trails, and open space areas.
BACKGROUND:
Landscape Assessment District No. 39 (District 39) was formed to be self-supporting.
However, it gradually became dependent on a subsidy from the General Fund due to a
fixed annual assessment and increasing cost over the last three decades. Therefore,
District 39 was considered to be dissolved to relieve the General Fund from that burden.
In response to a petition by a group of property owners, Landscape Assessment District
No. 39-2022 (District 39-2022) has been proposed to replace District 39 when its
dissolution becomes effective.
On January 18, 2022, after a public hearing, the City Council adopted Resolution No.
2022-03 to dissolve District 39, which will become effective on July 1, 2022.
Concurrently, on January 18, 2022, the City Council adopted Resolution No. 2022-04,
declaring its intention to form Landscape Assessment District no. 39-2022 and levy
assessments, preliminarily approving the Engineer's Report, providing notice of public
hearing scheduled for March 15, 2022, and ordering staff the mailing of the assessment
ballots to property owners. The proposed District 39-2022 will cover the same service
area as the dissolved District 39 with a different annual assessment structure.
Should the proposed District 39-2022 receive voters' approval and be approved by the
City Council, it will take over the maintenance of the District 39 area. If the proposed
District 39-2022 does not receive voters' approval, maintenance of those properties will
be the sole responsibility of their owners, effective July 1, 2022.
ANALYSIS:
Community Outreach Efforts
Since November 2, 2021, City Staff and the City's outreach consultant, CivicMic/NBS,
have provided the following outreach efforts to the property owners and the residents of
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the proposed District 39-2022:
• Webpage: A webpage for Districts 39 and 39-2022 was developed and deployed to
inform the community on the District's history, timeline, dissolution, and formation
processes and offer specialized maps and graphics. The webpage has continuously
been updated throughout the engagement process to include:
▪ Videos, slides, and agendas for each community meeting.
▪ Maintenance frequencies.
▪ Balloting information and sample ballot in Korean, Chinese, and English.
▪ The newly proposed Engineer's Report.
▪ A detailed web map with the District boundaries and newly proposed assessment
zoning.
• Email Campaign: The email campaign was created along with a listserv to
distribute information to the community members who signed up to receive
notifications. Since early November, more than a dozen updates have been sent
out to community members to educate them about the process.
• Postcards: Two Postcards were mailed out to all property owners announcing the
survey and community meetings and explaining how to receive updates. In early
January 2022, a third postcard was sent out informing property owners of the
second community meeting on January 26 and the public hearing to dissolve
District 39 on January 18, 2022.
• Community Working Group: A working group consisting of 15 community
members held three meetings where they discussed reaching more community
members to provide education on this effort. The working group was provided with
flyers in multiple languages that have been distributed and posted in neighborhood
centers. In addition, the working group members printed signs to post in yards and
started a door-to-door walking campaign to enage their neighbors.
• Community Meetings: The community was able to discuss and learn about the
dissolution of District 39 and the formation of District 39-2022 through two virtual
community meetings on December 2, 2021, and January 26, 2022. The recordings
of community meetings have been shared on the webpage and social media sites.
Engineer's Report and Assessment Rates
The Engineer's Report (Report) for the proposed FY 2022/23 Landscaping Assessment
District 39-2022 (Attachment 3) has been prepared pursuant to provisions of the
Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and
Highways Code of the State of California. The Report includes authority for the Report,
estimated costs of operation and maintenance, a diagram for the District and the
assessments. The annualized cost to perform the required services is to be $656,156 in
FY 2022/23 dollars. Table 1 on page 7 of the draft Engineer's Report provides details of
the estimated budget for the proposed District 39-2022 in FY 2022/23.
Below is a summary of the main financial aspects in the Report:
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• Assessment Calculation: Based on the benefits received from the maintained areas,
the Report divides District 39-2022 into three zones with three different assessment
amounts. Details of the calculation of the benefits for each zone along with a map
showing their boundaries, are provided in the Report. Based on various categories
of benefits, the Engineer has determined that the property in Zones B and C should
pay 97.5% and 92.5% of the rate of the Zone A properties, respectively. The
resultant annual assessment rates proposed for the Fiscal Year 2022/23 are:
o Zone A - $504.58
o Zone B - $491.97
o Zone C - $466.74
• City General Fund Contribution: The Report calculated the amount of benefit
received by properties outside District 39-2022 or by the public at large (referred to
as General Benefit) to be 6.62% or $43,443 of the overall benefit. This percentage of
the annual costs must be paid from other sources such as the General Fund.
• Additional Enhancement and Improvement: Due to the request by the property
owners, the Report is establishing an amount for accumulating funds for special
improvements and more extensive capital improvement needs of the new District.
Examples include the gradual replacement of existing plants with more drought-
tolerant plants and mini-parks amenities. The Report proposes to include 33% or an
extra amount of $148,005 for this purpose. For the Fiscal Year 2022/23 budget,
$63,100 of this $148,005 will be used for reimbursing the General Fund for the
balloting process to establish District 39-2022.
• Contingency/Reserve: The Report proposes to include a 10% contingency amount
or $59,651 to establish a reserve fund for contingencies. An example of using the
contingency fund is when the maintenance cost goes higher than estimated or
unforeseen expenses, such as needed irrigation system repairs. Any remaining
balance would either be placed in the reserve fund or used to reduce future years'
assessments.
• Annual Assessment Calculation: The assessment is proposed to be subject to an
adjustment tied to the Consumer Price Index-U for the Los Angeles-Riverside-
Orange County area as of December of each succeeding year (the "CPI"). The
maximum authorized assessment rate is equal to the maximum assessment rate in
the first fiscal year the assessment was levied adjusted annually by the change in
CPI.
Procedure
The process of increasing the assessment levels for a district or formation of a new
district is governed by Proposition 218 and requires a ballot proceeding where the
property owners would need to approve the increase. The procedure is laid out in
Division 15, Part 2 of the California Streets and Highways Code as well as Section
53750 - 53754 of the Government Code. It requires three steps:
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1. Adopt a resolution to initiate the proceedings and direct preparation of the
Engineer's Report (completed on November 2, 2021);
2. Adopt a resolution approving an Engineer's Report (which establishes
assessment rates) and setting a date for a public hearing (completed on January
18, 2022); and
3. Conduct the public hearing (this staff report's recommendation), at which time
ballots are tabulated, and the outcome of the balloting proceeding will be known.
The ballots, along with a formal notice, were mailed to each property owner in late
January 2022, more than 45 days prior to the public hearing pursuant to law. The ballots
could be returned any time up to the close of the public hearing.
Once the public hearing is closed, the tabulation process of the ballots received will
commence under the direction of the City Clerk. The tabulation will take place during the
meeting. Based on the outcome of the ballot tabulation, the City Council can act on one
of the two resolutions attached to this report (Attachments 1 and 2).
In accordance with the statutes, these proceedings are voted on by property owners. In
addition, votes are weighted by the amount of the proposed assessment. For example,
a property owner assessed $504.58 has slightly more voting power than an owner
assessed $466.74. A majority of the weighted votes received by the deadline in favor of
the new District 39-2022 are needed to establish the new District.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolutions as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.1.a Resolution No. 2022-13 (Formation)
2. 6.1.b Resolution No. 2022-13 (No Formation)
3. 6.1.c Engineer's Report
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