HomeMy WebLinkAbout2022.05.03 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, May 3, 2022
Study Session 5:00 PM
Regular Meeting 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 at Windmill Community Room,
Diamond Bar City Hall, 21810 Copley Dr., Diamond Bar, California, 91765 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 (415) 930 -5321, Access Code: 478-045-891 OR visit:
https://attendee.gotowebinar.com/register/7321218443011795468.
How to Submit Public Comment:
The public may provide public comment by attending the meeting in person, by sending an email, or by
logging into the teleconference. Please send email public comments to the City Clerk at
cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line
“FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the
record at the meeting and posted on the City’s official agenda webpage as soon as reasonably
practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx).
The public may log into the meeting through this link:
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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/7321218443011795468 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
May 03, 2022
STUDY SESSION: 5:00 p.m.
PUBLIC COMMENTS
DRAFT FY 2022-23 CAPITAL
IMPROVEMENT PROGRAM BUDGET
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Lead Pastor Tim Park, Evangelical
Free Church
ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem Chou,
Mayor Low
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Water Awareness Month Proclamation
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Strategic Plan Q3 Update
MAY 3, 2022 PAGE 2
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
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 Planning Commission Meeting – May 10, 2022, 6:30 p.m. online
teleconference and Windmill Room, 21810 Copley Dr.
4.2 Tres Hermanos Conservation Authority Board of Directors Regular
Meeting – May 11, 2022 – 6:00 p.m., online teleconference and
Windmill Room, 21810 Copley Dr.
4.3 Traffic and Transportation Commission Meeting – May 12, 2022,
6:30 p.m. online teleconference and Windmill Room, 21810 Copley
Dr.
4.4 City Council Meeting – May 17, 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 APRIL 19, 2022 STUDY SESSION
AND REGULAR MEETING.
5.1.a April 19, 2022 Study Session Minutes
5.1.b April 19, 2022 City Council Minutes
Recommended Action:
Approve the April 19, 2022 Study Session and Regular City Council
meeting minutes.
Requested by: City Clerk
MAY 3, 2022 PAGE 3
5.2 RATIFICATION OF CHECK REGISTER DATED APRIL 13, 2022
THROUGH APRIL 26, 2022 TOTALING $1,057,384.89.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 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. 2022-19, 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
5.4 DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NO. 38
Recommended Action:
Adopt Resolution No. 2022-20, declaring the City's intention to levy and
collect assessments for Landscape Assessment District No. 38 and
directing staff to advertise the Public Hearing to be set for the May 17,
2022 regular meeting.
Requested by: Public Works Department
5.5 DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NO. 41-2021
Recommended Action:
Adopt Resolution No. 2022-21, declaring the City's intention to levy and
collect assessments for Landscape Assessment District No. 41-2021 and
directing staff to advertise the Public Hearing to be set for the May 17,
2022 regular meeting.
Requested by: Public Works Department
MAY 3, 2022 PAGE 4
5.6 AWARD OF CONSTRUCTION AGREEMENT TO COPP
CONTRACTING, INC. FOR THE AREA 1 RESIDENTIAL & COLLECTOR
STREETS REHABILITATION AND ARTERIAL STREET
REHABILITATION (GOLDEN SPRINGS DRIVE FROM BREA CANYON
ROAD TO LEMON AVENUE) PROJECT NOS. SI22102 & SI22100.
Recommended Action:
A. Establish a Project Payment Account containing sufficient funds
from the current fiscal year budget to pay for the Project; and
B. Approve, and authorize the Mayor to sign, a Construction
Agreement with Copp Contracting, Inc. in the amount of $2,567,790
approving the Base Bid Schedules A & B, plus a contingency
amount of $256,779, for Contract Change Orders to be approved
by the City Manager, for a total authorization amount of $2,824,569.
Requested by: Public Works Department
6. PUBLIC HEARINGS:
6.1 PUBLIC HEARING TO RECEIVE PUBLIC INPUT REGARDING THE
ADOPTION OF A DISTRICT MAP AND SEQUENCE OF ELECTIONS
AND APPROVE FOR SECOND READING AND ADOPTION BY TITLE
ONLY, WAIVING FULL READING, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING
SECTION 2.04.060 (QUALIFICATIONS OF THE MEMBERS OF THE
CITY COUNCIL) TO CHAPTER 2.04 (CITY COUNCIL) OF ARTICLE 2
(ADMINISTRATION AND PERSONNEL) OF THE DIAMOND BAR CITY
CODE IMPLEMENTING BY-DISTRICT ELECTIONS OF FIVE COUNCIL
MEMBERS AND A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, ADOPTING THE CITY OF DIAMOND
BAR DISTRICT MAP AND SEQUENCE OF ELECTIONS AFTER
TRANSITIONING FROM AT-LARGE TO BY-DISTRICT ELECTIONS
Recommended Action:
It is recommended that the City Council receive a report on the districting
process, conduct a public hearing to receive public input regarding
adoption of a district map and the sequence of district elections. Following
input received during the public hearing, it is further recommended that the
City Council take the following actions in the following sequence:
A. Approve for second reading by title only, waive full reading, and adopt
Ordinance No. 01 (2022).
B. Adopt Resolution No. 2022-22 approving a District Map and the
sequence of elections.
Requested by: City Manager
MAY 3, 2022 PAGE 5
7. COUNCIL CONSIDERATION:
7.1 CONSULTANT SERVICES AGREEMENT WITH TORTI GALLAS +
PARTNERS FOR THE PREPARATION OF THE TOWN CENTER
SPECIFIC PLAN.
Recommended Action:
A. Appropriate $920,000 from the General Fund to the General Plan
Update Fund 103 to cover the cost to of the services; and
B. Approve and authorize the Mayor to sign the Consultant Services
Agreement with Torti Gallas + Partners to prepare the Town Center
Specific Plan.
Requested by: Community Development Department
7.2 WASTE MANAGEMENT RATE INCREASE TO ESTABLISH AN NEW
SB1383 RESIDENTIAL SERVICE
Recommended Action:
Provide direction for staff to prepare an Amendment to the Waste
Management Franchise Agreement for council consideration establishing
a residential organic program and memorialize the changes to the rates
and/or terms of service with the first rate increase of $2.22 effective July 1,
2022 and the second increase of $2.23 effective July 1, 2023.
Requested by: City Manager
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 1
Meeting Date: May 3, 2022
CITY COUNCIL STUDY SESSION REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Daniel Fox, City Manager
FROM: Jason Jacobsen, Finance Director
TITLE: DRAFT FY 2022-23 CAPITAL IMPROVEMENT PROGRAM BUDGET
Background:
Each year, the City prepares an annual Operating Budget and Capital Improvement
Program for City Council consideration that implements the Council’s priorities and
Strategic Plan Goals, and provides the financial resources to deliver services to the
community. The preparation of the annual budget is a significant and important
undertaking that takes place over the course of more than five months.
Below is the schedule for the preparation of the FY 2022/23 City Budget:
• Council Study Session on FY 2022/23 General Fund Special One-Time
Funding – Held 4/19/2022;
• Council Study Session on FY 2022/23 Capital Improvement Program and
Five-Year Capital Improvement Program Review – Scheduled for 5/3/2022;
• Council Study Session on Draft FY 2022/23 Operating Budget – Scheduled for
5/17/2022;
• Adoption of the FY 2022/23 City Budget – Scheduled for 6/7/2022.
The purpose of this budget study session is to provide the opportunity for the City
Council to review the Draft FY 2022/23 Budget for all Capital Improvement Projects
(CIP). Additionally, staff is presenting the City Council with the Draft Five-Year CIP
Program for review. Based on direction provided by the Council, staff will incorporate
the FY 2022/23 CIP Program budget and the Five-Year CIP Program list into the City’s
official budget document for consideration and adoption at the June 7, 2022 Council
Meeting. As the City adopts budgets on an annual basis, only the FY 2022/23 CIP
Program will be funded. The approved Five-Year CIP Program will be looked to for
guidance as staff prepares future budget requests. The Draft FY2022/23 CIP Program
1
Packet Pg. 8
and Draft Five-Year CIP Program are presented in detail in Attachments 1 through 3.
Discussion:
The Draft FY 2022/23 CIP Program budget includes 20 projects totaling $8.70 million, of
which $8,344,000 is requested for new projects and $356,000 is requested for ongoing
projects continued from FY 2021/22.
The Draft FY 2022/23 CIP Program encompasses five project categories and
represents an expenditure increase of 16% when compared to the Adopted CIP
Program for FY 2021/22. The full itemized project list, with funding sources, is included
in Attachment 1.
CIP Program Year-Over-Year FY 2021/22 DRAFT FY 2022/23 % Change
Street Improvements 3,506,394$ 3,864,000$ 10%
Traffic Management/Safety Improvements 51,000 901,000 1667%
Transportation Infrastructure Improvements 1,045,000 270,000 -74%
Miscellaneous PW Improvements 1,986,359 910,000 -54%
Facilites, Parks and Rec. Improvements 938,283 2,755,000 194%
Total 7,527,036$ 8,700,000$ 16%
As the Council will recall, the CIP program for FY 2020/21 was extremely constrained
due to anticipated financial impacts related to the COVID-19 global pandemic on local
revenue sources. As a result, a list of deferred projects was established. This deferred
list comprised of seven (7) projects with a total resource need of $4,442,575. The
FY 2021/22 CIP program later advanced all of those deferred projects with the
exception of the Diamond Bar Center Slope Stabilization Project and LED Illuminated
Street Name Sign and Highway Safety Light Replacement Project, pending the
identification of available funding resources. The Draft FY 2022/23 CIP Program
presented to the City Council for discussion this evening contains the aforementioned
two projects, with proposed funding from the General Fund and Special Revenue funds.
The Draft FY 2022/23 CIP Program also incorporates City Council direction provided at
the first Budget Study Session held on April 19, 2022 on one-time use of General Fund
resources related to the American Rescue Plan Act (ARPA).
Project descriptions for each of the proposed new and existing projects are included in
Attachment 2.
Proposed New Projects for FY 2022/23
Street Improvement Projects:
• Residential and Collector Street Rehab.- Area 3, 4, 5 (Design), Arterial Street
Rehab - 3 Locations (Design) [Locations Pending Pavement Mgmt. System
Update], CDBG Curb Ramp - Area 3, 4, 5 (Design)
• Residential and Collector Street Rehab - Area 2 (Const.)
• Arterial Street Rehab (Golden Springs from Brea Canyon to Grand Ave.) (Const.)
• CDBG Area 3 ADA Curb Ramp Project (Const.)
1
Packet Pg. 9
Traffic Management/Safety Projects:
• Battery Back-Up and CCTV Replacement Program
• LED Illuminated Street Name Sign and Highway Safety Light Replacement
(Design and Const.)
Transportation Infrastructure Improvements:
• Citywide Bus Shelter Replacement Program (Design & Const.)
Misc. Public Works Improvements
• Groundwater Drainage Improvements-Phase 4 & 5 (Copley Dr. & Moonlake St.)
(Design & Const.)
• Grand Ave. Median Drainage Improvement Project (Design and Const.)
• Brea Canyon Rd. Storm Drain Lining Project (800 ft between Diamond Bar
Church and Golden Springs Dr.)
Facilities, Parks and Recreation Improvements
• Canyon Loop Trail (Design)
• Diamond Bar Center Grand View Ballroom Lighting & Controls Upgrade (Design)
• Diamond Bar Center Slope Stabilization (Construction)
• Diamond Bar Center Main Entry/Doors & ADA Improvements (Design)
• Pantera Park Hard Court Rehab and LED Retrofit Project (Design & Const.)
• City Hall Cable Channel Broadcast and Audio/Visual Equipment Upgrade
(Const.)
• City Hall Roof Rehabilitation/Solar System Removal and Reinstallation (Design)
• Sportfield Lighting Control Link
• Diamond Bar Center AC Replacement & Air Quality Upgrades (Const.)
Completed CIP Projects in FY 2021/22
A total of eight (8) capital improvement projects are anticipated to be completed during
FY 2021/22, which include:
• Completed (Design): Residential and Collector Street Rehab. (Area 1, 2) and
Arterial Rehab of three road segments (Diamond Bar Blvd. from Pathfinder Rd. to
Mountain Laurel Way, Golden Springs Dr. from Brea Canyon Rd. to Lemon Ave.,
and Golden Springs Dr. from Grand Ave. to Brea Canyon Rd.);
• Completed (Construction): Arterial Street Rehab (Diamond Bar Blvd. from
Pathfinder Rd. to Mountain Laurel Way);
• Completed (Construction) by 6/30/22: Battery Back-Up and CCTV Replacement
Program FY 2021/22;
• Completed (Flapjack-Design) Groundwater Drainage Improvements-Phase 3;
• Completed (Flapjack-Construction) by 6/30/2022: Groundwater Drainage
Improvements-Phase 3;
• Completed (Construction): Electric Charging Station at City Hall;
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Packet Pg. 10
• Completed (Construction): Sycamore Canyon Park Slope Erosion Repairs;
• Completed (Design and Construction) by 6/30/2022: Sycamore Canyon Creek
Repair.
Three additional projects, or phases, are in the process of being completed early next
fiscal year (by Aug. 2022). These are scheduled to be implemented in June, July, and
August of 2022 to avoid conflict with anticipated school-year schedules:
• Residential and Collector Street Rehab - Area 1 (Const.)
• Arterial Street Rehab (Golden Springs from Brea Canyon to Lemon Ave.)
(Const.)
• CDBG Area 2 ADA Curb Ramp Project (Const.)
The CIP Program is scheduled to be reviewed for consistency with the City's General
Plan at the May 10, 2022 Planning Commission meeting.
Attachments:
1. 1.a DRAFT FY 22-23 CIP PROGRAM BUDGET
2. 1.b DRAFT FY 22-23 CIP PROGRAM PROJECT SUMMARY
3. 1.c DRAFT 5 YEAR CIP PROGRAM FY 23-27
1
Packet Pg. 11
DRAFT FY 2022/23 CAPITAL IMPROVEMENT PROGRAM BUDGET ATTACHMENT 1
Street Improvement Projects (301610-56101)Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request
(202)
RMRA
(203)
Measure M
(204) Measure R
Local Return
(205)
Gas Tax
(207)
Prop C
(252) Hauler
Fees
(225)
CDBG
CONSTRUCT Residential and Collector Street Rehab - Area 1 (Const.)Ongoing - No New Request
CONSTRUCT
Arterial Street Rehab
(Golden Springs from Brea Canyon to Lemon Ave.) (Const.)Ongoing - No New Request
DESIGN
Residential and Collector Street Rehab.- Area 3, 4, 5 (Design)
Arterial Street Rehab - 3 Locations (Design) [Locations Pending PMS Update]
CDBG Curb Ramp - Area 3, 4, 5 (Design)New 380,000$ 380,000$
CONSTRUCT Residential and Collector Street Rehab - Area 2 (Const.)New 2,600,000$ 1,090,000$ 1,300,000$ 64,000$ 146,000$
CONSTRUCT Arterial Street Rehab (Golden Springs from Brea Canyon to Grand Ave.) (Const.)New 700,000$ 400,000$ 300,000$
CONSTRUCT CDBG Area 3 ADA Curb Ramp Project (Const.)New 184,000$ 184,000$
Total - Street Improvement Projects 3,864,000$ 400,000$ 1,470,000$ 1,300,000$ 64,000$ 300,000$ 146,000$ 184,000$ -$ -$
Traffic Management/Safety Projects (301610-56102)Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request (207) Prop C (203) Measure
M
(205)
Gas Tax
CONSTRUCT Battery Back-Up and CCTV Replacement Program Ongong - With New Request 61,000$ 61,000$
ALL LED Illuminated Street Name Sign and Highway Safety Light Replacement (Design and
Const.)New 840,000$ 390,000$ 450,000$
Total - Traffic Management/Safety Projects 901,000$ 61,000$ 390,000$ 450,000$ -$ -$ -$ -$ -$ -$
Transportation Infrastructure Improvements (310610-56103) Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request (207) Prop C Foothill Transit
Grant (45030)
(206)
Prop A
CONTRUCT Bus Shelter Replacement - GSD/Calbourne Ongoing - No New Request -$
ALL Citywide Bus Shelter Replacement Program (Design & Const.)Ongoing - With New Request 270,000$ 270,000$
Total-Transportation Infrastructure Improvements 270,000$ -$ -$ 270,000$
Miscellaneous Public Works Improvements (301610-56105) Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request MSRC Grant (43130)(202)
RMRA
(203)
Measure M
(207)
Prop C
(251)
AB2766
(209)
TDA
(201)
Measure W
(204)
Measure R
CONSTRUCT Grand/GSD Intersection Enhancement (Construction)Ongoing - No New Request
DESIGN Groundwater Drainage Improvements-Phase 4 & 5 (Copley & Moonlake) (Design)New 130,000$ 130,000$
CONSTRUCT Groundwater Drainage Improvements-Phase 4 & 5 (Copley & Moonlake)
(Construction)New 530,000$ 530,000$
ALL Grand Avenue Median Drainage Improvement Project (Design and Const.)New 100,000$ 100,000$
CONSTRUCT Brea Canyon Storm Drain Lining Project (800 ft between DB Church and GSD) New 150,000$ 150,000$
Total - Miscellaneous PW Improvements 910,000$ -$ -$ -$ -$ -$ -$ 760,000$ 150,000$ -$
Facilities, Parks and Rec Improvements (301630-56104) Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request (100) General Fund (260)
Quimby
(262) Park
Development
(504)
Building &
Facilities Fund
FEMA
(42010)CalOES (42055)
Habitat
Conserv
Grant
(43110)
(201) Measure
W (261) Measure A Prop 68*PEG Fees
DESIGN Canyon Loop Trail (Design)Ongoing - With New Request 25,000$ 25,000$
CONSTRUCT Canyon Loop Trail (Construction)Ongoing - No New Request
DESIGN DBC GVBR Lighting & Controls Upgrade (Design)New 20,000$ 20,000
CONSTRUCT DBC Slope Stabilization (Construction)New 1,260,000$ 1,245,000$ 15,000$
DESIGN DBC Main Entry/Doors & ADA Improvements (Design)New 40,000$ 40,000
CONSTRUCT Pantera Park Hard Court Rehab and LED Retrofit Project (Design & Const.)New 270,000$ 57,000 213,000$
CONSTRUCT City Hall Cable Channel Broadcast and A/V Equipment Upgrade (Const.)New 300,000$ 300,000$
DESIGN City Hall Roof Rehabilitation/Solar System Removal and Reinstallation (Design)New 30,000$ 30,000$
CONSTRUCT Sportfield Lighting Control Link New 60,000$ 60,000$
CONSTRUCT DBC AC Replacement & Air Quality Upgrades (Const.)New 750,000$ 750,000
DESIGN DBC AC Replacement & Air Quality Upgrades (Design)Ongoing - No New Request
Total - Facilities, Parks and Rec Improvements 2,755,000$ 2,170,000$ -$ 57,000$ -$ -$ -$ -$ 15,000$ -$ 213,000$ 300,000$
GRAND TOTAL FY 2022-23 CIP PROGRAM REQUEST 8,700,000$
Projects Life-to-Date Budget Total (Includes FY 2022/23 Request)*14,844,855$
*see below and Draft Five-Year CIP Program for further information
1
1.a
Packet Pg. 12
DRAFT FY 2022/23 CAPITAL IMPROVEMENT PROGRAM BUDGET ATTACHMENT 1
Fund #Funding Source Totals FY 22/23 Request Listed Projects Lifetime
100 General Fund 2,170,000$ 2,260,436$ FY 2022/23 CIP Program Totals by Type
201 Measure W 775,000$ 808,000$ Street Improvements 3,864,000$
202 RMRA (SB-1)400,000$ 1,676,811$ Traffic Management/Safety Improvements 901,000
203 Measure M 1,860,000$ 3,067,691$ Transportation Infrastructure Improvements 270,000
204 Measure R 1,450,000$ 2,350,000$ Miscellaneous Public Works Improvements 910,000
205 Gas Tax 514,000$ 578,000$ Facilites, Parks and Rec. Improvements 2,755,000
206 Prop A 270,000$ 1,200,000$ Total 8,700,000$
207 Prop C 361,000$ 1,129,685$
209 SB 821 Fund - Bike and Pedestrian Paths (TDA)-$ 100,787$
251 AB2766 -$ -$
225 CDBG 184,000$ 184,000$ CIP Program Year-Over-Year FY 2021/22 DRAFT FY 2022/23 % Change
252 Hauler Fees 146,000$ 282,000$ Street Improvements 3,506,394$ 3,864,000$ 10%
260 Quimby Funds -$ 11,946$ Traffic Management/Safety Improvements 51,000 901,000 1667%
261 Measure A -$ 185,000$ Transportation Infrastructure Improvements 1,045,000 270,000 -74%
262 Park Development 57,000$ 120,614$ Miscellaneous PW Improvements 1,986,359 910,000 -54%
301 MSRC Grant -$ -$ Facilites, Parks and Rec. Improvements 938,283 2,755,000 194%
504 Building & Facilities Maintenance Fund -$ 75,000$ Total 7,527,036$ 8,700,000$ 16%
-Prop 68*213,000$ 213,000$
-Federal STP-L -$ -$
-PEG Fees 300,000$ 300,000$
301-42010 FEMA -$ -$
301-42055 CalOES -$ -$
301-45030 Foothill Transit Grant -$ 40,000$
301-43110 Habitat Conservation Grant -$ 267,500$
Total 8,700,000$ 14,844,856$
* Prop 68 application has been submitted. The project will be moved to 5-year CIP brfore the City Council approval if the grant is not awarded.
2
1.a
Packet Pg. 13
DRAFT FY 2022/23 CIP
1.b
Packet Pg. 14
•Total of 26 new and ongoing projects with a total budget of $14,844,855.
•$8,700,000 of new FY 2022/23 budget request for 17 new projects and 3 ongoing
projects with new request.
•6 ongoing projects with no new requested budget.
6
23%
20
77%
NUMBER OF PROJECTS
Ongoing w/
No New
Request
New and
Ongoing w/
New
Request
DRAFT FY 2022/23 CIP
$6,144,855
41%$8,700,000
59%
PROJECTS BUDGET
1.b
Packet Pg. 15
$3,864,000
44%
$901,000
10%
$270,000
3%
$910,000
11%
$2,755,000
32%
PROJECT CATEGORIES: NEW REQUEST
Street Improvements:
$3.86M
Traffic Management/Safety Improvements:
$0.90M
Transportation Infrastructure Improvements:
$0.27M
Miscellaneous Public Works Improvements:
$0.91M
Facilities, Parks & Recreation Improvements:
$2.76M
DRAFT FY 2022/23 CIP
Total New Request: $8,700,000
1.b
Packet Pg. 16
$6,864,000
46%
$952,000
6%
$1,240,000
8%
$2,307,359
16%
$3,481,469
24%
PROJECT CATEGORIES: ONGOING + NEW REQUEST
Street Improvements:
$6.86M
Traffic Management/Safety Improvements:
$0.95M
Transportation Infrastructure Improvements:
$1.24M
Miscellaneous Public Works Improvements:
$2.31M
Facilities, Parks & Recreation Improvements:
$3.48M
DRAFT FY 2022/23 CIP
Total Approved + New Request: $14,844,855*
*Refer to 5-Year CIP for details.
1.b
Packet Pg. 17
STREET IMPROVEMENTS
Phase Project Description New Request Approved
CONST Residential and Collector Street Rehab -Area 1 $ 2,100,000
CONST Arterial Street Rehab (GSD from Brea Cyn to Lemon)$ 900,000
DSGN Residential and Collector Street Rehab.-Area 3, 4, 5; Arterial
Street Rehab -3 Locations; CDBG Curb Ramp -Area 3, 4, 5
$ 380,000
CONST Residential and Collector Street Rehab -Area 2 $ 2,600,000
CONST Arterial Street Rehab(GSD from Brea Cyn to Grand)$ 700,000
CONST CDBG Area 3 ADA Curb Ramp $ 184,000
Total $ 3,864,000 $ 3,000,000
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Packet Pg. 18
TRAFFIC MANAGEMENT/SAFETY
Phase Project Description New Request Approved
CONST Battery Back-Up and CCTV Replacement Program $ 61,000
ALL LED Illuminated Street Name Sign and Highway Safety Light
Replacement
$ 840,000
Total $ 901,000 $ -
LED Illuminated Street Name Sign
and Highway Safety Light
-Citywide
Battery Backup Replacement Locations:
-Golden Springs Drive/Lemon Avenue
-Diamond Bar Blvd./Pathfinder Road
-Diamond Bar Blvd./Brea Canyon Road
CCTV Replacement Locations:
-Golden Springs Drive/Diamond Bar
Avenue
-Diamond Bar Blvd./Brea Canyon
Road
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Packet Pg. 19
TRANSPORTATION INFRASTRUCTURE
Phase Project Description New Request Approved
ALL Bus Shelter Replacement -GSD/Calbourne $ 40,000
ALL Citywide Bus Shelter Replacement Program $ 270,000 $ 930,000
Total $ 270,000 $ 970,000
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Packet Pg. 20
MISCELLANEOUS PUBLIC WORKS
Phase Project Description New Request Approved
CONST Grand/GSD Intersection Enhancement $ 1,397,359
DSGN Groundwater Drainage Improvements-Phase 4 & 5 (Copley &
Moonlake)
$ 130,000
CONST Groundwater Drainage Improvements-Phase 4 & 5 (Copley &
Moonlake)
$ 530,000
ALL Grand Avenue Median Drainage Improvement Project $ 100,000
CONST Brea Canyon Storm Drain Lining Project (800 ft between DB
Church and GSD)
$ 150,000
Total $ 910,000 $ 1,397,359
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Packet Pg. 21
FACILITIES, PARKS AND REC
Phase Project Description New Request Approved
DSGN Canyon Loop Trail Design $ 25,000 $ 165,996
CONST Canyon Loop Trail Construction $ 485,500
DSGN DBC GVBR Lighting & Controls Upgrade $ 20,000
CONST DBC Slope Stabilization $ 1,260,000
CONST DBC Main Entry/Doors & ADA Improvements $ 40,000
ALL Pantera Park Hard Court Rehab and LED Retrofit Project $ 270,000
CONST City Hall Cable Channel Broadcast and A/V Equipment
Upgrade $ 300,000
DSGN City Hall Roof Rehabilitation/Solar System Removal and
Reinstallation $ 30,000
CONST Sportfield Lighting Control Link $ 60,000
CONST DBC AC Replacement & Air Quality Upgrades $ 750,000
DSGN DBC AC Replacement & Air Quality Upgrades $ 75,000
Total $ 2,755,000 $ 726,496
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Packet Pg. 22
FACILITIES, PARKS AND REC 1.b
Packet Pg. 23
25%
9%
5%22%
17%
6%
3%4%
2%2%
2%
3%FUNDING SOURCES: NEW REQUEST
100 - General Fund
201 - Measure W
202 - RMRA (SB-1)
203 - Measure M
204 - Measure R
205 - Gas Tax
206 - Prop A
207 - Prop C
225 - CDBG
252 - Hauler Fees
--- - Prop 68
--- - PEG Fees
DRAFT FY 2022/23 CIP
Total New Request: $8,700,000
$2.17M
$775K
$400K
$1.86M
$1.45M
$514K
$270K
$361K
$184K
$146K
$213K
$300K
1.b
Packet Pg. 24
DRAFT 5-YEAR CIP PROGRAM ATTACHMENT 3
Rev: 4/26/2022
Project #Project Description *Priority Funded
(Y/N/P)
**Potential Funding
Sources
Total Project
Budget Request Potential Funding Gap Life to Date Actuals
@ 3/15/2022
Current Available Budget
@ 3/15/2022
Authorized FY 21/22 &
Prior Years Budget FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Unscheduled Projects
Pending Funding/Timing
Street Improvement Projects
SI22102
(SI22105)
Residential and Collector Street Rehab.- Area 1
and 2 (Design)2 Y SB1, MM, MR, GT, HF 49,733$ None (49,732.50)$ -$ 49,733$
S120101
Arterial Street Rehab
(DBB from Pathfinder to Mountain Laurel Way)
(Const.)
1 Y SB1 1,058,791$ None
(1,058,790.80)$ -$ 1,058,791$
S122101 CDBG Area 2 ADA Curb Ramp Project (Const.)1 Y CDBG 176,394$ None 176,394.00$ 176,394$
SI22102
(SI22105)
Residential and Collector Street Rehab.- Area 1
(Const.)2 Y SB1, MM, MR, GT, HF 2,100,000$ None 2,100,000.00$ 2,100,000$
SI22100 Arterial Street Rehab (Golden Springs from Brea
Canyon to Lemon Ave.) (Const.)1 Y SB1, MM, MR, GT, HF,
PA, PC 900,000$ None 900,000.00$ 900,000$
NEW CDBG Area 3 ADA Curb Ramp Project 1 N CDBG 184,000$ None 184,000$
NEW Residential and Collector Street Rehab.- Area 2
(Const.)2 N SB1, MM, MR, GT, HF 2,600,000$ None 2,600,000$
NEW Arterial Street Rehab (Golden Springs from Brea
Canyon to Grand) (Const.)1 N SB1, MM, MR, GT, HF,
PA, PC 700,000$ None 700,000$
NEW
Residential and Collector Street Rehab.- Area 3,
4, 5 (Design)
Arterial Street Rehab - 3 Locations (Design)
[Locations Pending PMS Update]
CDBG Curb Ramp - Area 3, 4, 5 (Design)
1 N SB1, MM, MR, GT, HF,
PA, PC 380,000$ None
380,000$
Residential and Collector Street Rehab.- Area 3
(Const.)2 N SB1, MM, MR, GT, HF 1,800,000$ None 1,800,000$
Arterial Street Rehab (Location pending)
(Const.)1 N SB1, MM, MR, GT, HF,
PA, PC 1,500,000$ None 1,500,000$
CDBG Area 4 ADA Curb Ramp Project (Conr.)2 N CDBG 180,000$ None 180,000$
Arterial Street Rehab (Location pending)
(Const.)1 N SB1, MM, MR, GT, HF,
PA, PC 1,500,000$ None 1,500,000$
Residential and Collector Street Rehab.- Area 4
(Const.)2 N SB1, MM, MR, GT, HF 1,700,000$ None 1,700,000$
CDBG Area 5 ADA Curb Ramp Project 2 N CDBG 180,000$ None 180,000$
Arterial Street Rehab (Location pending)
(Const.)1 N SB1, MM, MR, GT, HF,
PA, PC 1,600,000$ None 1,600,000$
Residential and Collector Street Rehab.- Area 5
(Const.)2 N SB1, MM, MR, GT, HF 1,800,000$ None 1,800,000$
CDBG Area 6 ADA Curb Ramp Project 2 N CDBG 180,000$ None 180,000$
Residential and Collector Street Rehab.- Area 6,
7, 1 (Design)
Arterial Street Rehab - 3 Locations (Design)
[Locations pending PMS update]
CDBG Curb Ramp - Area 6, 7, 1 (Design)
1 N SB1, MM, MR, GT, HF 400,000$ None
400,000$
Arterial Street Rehab (Location pending)
(Const.)1 N SB1, MM, MR, GT, HF,
PA, PC 1,600,000$ None 1,600,000$
Residential and Collector Street Rehab.- Area 6
(Const.)2 N SB1, MM, MR, GT, HF 1,900,000$ None 1,900,000$
CDBG Area 7 ADA Curb Ramp Project 2 N CDBG 180,000$ None 180,000$
SubTotal - Street Improvement Projects 22,668,917$ -$ (1,108,523.30)$ 3,176,394.00$ 4,284,917$ 3,864,000$ 3,480,000$ 3,380,000$ 3,980,000$ 3,680,000$ $ -
Traffic Management/Safety Projects
TM22200 Battery Back-Up and CCTV Replacement
Program 1 Y PC 356,000$ None 51,000$ 51,000$ 61,000$ 61,000$ 61,000$ 61,000$ 61,000$
NEW
LED Illuminated Street Name Sign and Highway
Safety Light Replacement (Design and
Construction)
1 Y GF, MM 840,000$ None
840,000$
Audible Pedestrian System (APS)1 Y MM, MR 150,000$ None 150,000$
SubTotal - Traffic Management/Safety Projects 1,346,000$ -$ -$ 51,000$ 51,000.00$ 901,000$ 211,000$ 61,000$ 61,000$ 61,000$ $ -
Transportation Infrastructure Improvements
TI18300 Lemon Avenue Quiet Zone (To be Implemented
in FY24 due to agreement needed with UPRR) 1 Y PC 75,000$ None $ 75,000 75,000$
TI20300
Bus Shelter Replacement - GSD/Calbourne
(Foothill Transit Bus Stop Enhancement Grant
Program)
1 Y FT 40,000$ None
$ 40,000 $ 40,000
TI22300 Citywide Bus Shelter Replacement 4 N PA 1,200,000$ None $ 930,000 930,000$ 270,000$
SubTotal - Transportation Infrastructure Improvements 1,315,000$ -$ -$ 1,045,000$ 1,045,000$ 270,000$ -$ -$ -$ -$ $ -
Miscellaneous PW Improvements
PW22400 Groundwater Drainage Improvements-Phase 3
(Flapjack-Design) 1 Y MW 77,000$ None $ (69,010)7,990.000$ 77,000$
PW22400 Groundwater Drainage Improvements-Phase 3
(Flapjack-Construction) 1 Y MW 500,000$ None 500,000.000$ 500,000$
PW19400 Electric Charging Station at City Hall 1 Y GRANT, AB2766 63,860$ None $ (45,000)18,860.000$ 63,860$
PW18400 Grand/GSD Intersection Enhancement 1 Y SB1, MM, PC, TM, TDA, 1,397,359$ None $ (6,750)1,390,609.390$ $ 1,397,359
NEW Grand Avenue Median Drainage Improvement
Project (Design and Construction)1 Y MW 100,000$ None
100,000$
1
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DRAFT 5-YEAR CIP PROGRAM ATTACHMENT 3
Rev: 4/26/2022
Project #Project Description *Priority Funded
(Y/N/P)
**Potential Funding
Sources
Total Project
Budget Request Potential Funding Gap Life to Date Actuals
@ 3/15/2022
Current Available Budget
@ 3/15/2022
Authorized FY 21/22 &
Prior Years Budget FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Unscheduled Projects
Pending Funding/Timing
NEW Groundwater Drainage Improvements-Phase 4
(Copley Drive @ City Hall) (Design and Const.)2 N MW 130,000$ None
130,000$
NEW Groundwater Drainage Improvements-Phase 5
(20834 Moonlake Street)2 N MW 530,000$ None 530,000$
NEW Brea Canyon Storm Drain Lining Project 2 N MR 150,000$ None 150,000$
City Entry Monument and Median
Improvements (Lemon Ave.) Design 5 N GF 74,750$ $ 74,750 74,750$
City Entry Monument and Median
Improvements (Lemon Ave.) Construction 5 N GF 517,500$ $ 517,500 517,500$
Groundwater Drainage Improvements-Phase 6
(Cold Springs Lane @ South of Diamond Ridge)2 N MW 250,000$ None
250,000$
City Entry Monument and Parkway
Improvements (Brea Canyon Road) Design 5 N GF 45,000$ $ 45,000 45,000$
City Entry Monument and Parkway
Improvements (Brea Canyon Road)
Construction
5 N GF 250,000$ $ 250,000
250,000$
Diamond Bar Blvd. Complete Streets (GSD -
60FWY)-Construction 3 P
GRANT, MM, MR, MW,
PA, SPA, PC, WH,
GT, TM, SB1, STP-L
6,600,000$ $ 2,500,000
6,600,000$
Groundwater Drainage Improvements-Phase 7
(Cleghorn Drive @ North of Gold Nugget)2 N MW 250,000$ None 250,000$
SubTotal -Miscellaneous PW Improvements 10,935,469$ 3,387,250$ (120,760)$ 1,917,459$ 2,038,219$ 910,000$ -$ 592,250$ 7,145,000$ 250,000$ $ -
Facilites, Parks and Rec Improvements
FP21500 Heritage Park-New Roof 2 Y GF 100,000$ None (64,900)$ 35,100$ 100,000$
FP17502 Sycamore Canyon Creek Repair 1 Y MW 80,000$ (16,223)$ 63,777$ 80,000$
FP17500 Canyon Loop Trail (Design)1 Y GF, Q, PD 190,996$ None 165,996$ 165,996$ 25,000$
FP17500 Canyon Loop Trail (Const.)1 Y MW, HC, MA 485,500$ 242,500$ 485,500$ 485,500$
FP22500
(FP22501)
DBC AC Replacement & Air Quality Upgrades
(Design)1 N 504, GF 75,000$ 75,000$ 75,000$ 75,000.00$
FP22500
(FP22501)
DBC AC Replacement & Air Quality Upgrades
(Construction)1 N 504, GF 750,000$ 750,000$
FP20500 DBC Slope Creep Repairs and Enhancements
(Construction)1 N GF 1,260,000$ 1,245,000$ 1,260,000$
NEW City Hall Cable Channel Broadcast and A/V
Equipment Upgrade (Cnostruction)1 N PEG 300,000$ 300,000$
NEW DBC Main Entry/Doors & ADA Improvements
(Design)2 N GF 40,000$ 350,000$ 40,000$
NEW Pantera Park Hard Court Rehab and LED Retrofit
Project (Design & Construction)2 N GF, Prop 68 270,000$ 270,000$ 270,000$
NEW DBC GVBR Lighting and AV Upgrades (Design)3 N GF 20,000$ 20,000$
NEW City Hall Roof Rehabilitation/Solar System
Removal and Reinstallation (Design)2 N GF 30,000$ 30,000$
NEW Sportfield Lighting Control Link (Design and
Const.)2 N GF 60,000$ 60,000$
DBC Main Entry/Doors & ADA Improvements
(Construction)2 N GF 310,000$ 310,000$
City Hall Roof Rehabilitation/Solar System
Removal and Reinstallation (Design)2 N 504, GF 470,000$ 470,000$ 470,000$
Maple Hill Park Playground/Restroom
Replacement and ADA Upgrades (Design)4 N MA, GF, PD 60,000$ 37,500$ 60,000$
DBC GVBR Lighting and AV Upgrades (Const.)3 N 504, 503, GF 330,000$ 350,000$ 330,000$
Sycamore Canyon Park Lower Bridge
Replacement (Design)3 N GF, MW, CDBG 50,000$ 25,000$ 50,000$
Maple Hill Park Playground/Restroom
Replacement and ADA Upgrades (Construction)4 N MA, GRANT, PD
600,000$ 225,000$
600,000$
Ronald Reagan Park Playground Replacement
and ADA Upgrades (Design)5 N MA, GF, PD 50,000$ 37,500$ 50,000$
Sycamore Canyon Park Lower Bridge
Replacement (Construction)3 N GF, MW, CDBG 300,000$ 150,000$ 300,000$
Ronald Reagan Park Playground Replacement
and ADA Upgrades (Construction)5 N MA, GF, PD 500,000$ 500,000$ 500,000$
DBC Patio/Outdoor Renovations 5 N GF 200,000$ 200,000$ 200,000$
DBC Library Pad Renovations 5 N GF 500,000$ 500,000$ 500,000$
Dog Park Lighting (Design)5 N GF 30,000$ 30,000$ 30,000$
Dog Park Lighting (Construction)5 N GF 250,000$ 250,000$ 250,000$
Sunset Crossing Park (Construction)3 N GF, Grant, MW 6,500,000$ 6,500,000$ 6,500,000$
Heritage Park Upgrades (Const.)2 N GF, 504 6,500,000$ $ 6,500,000 6,500,000$
Peterson Park Upgrades (Design)4 N Q, GRANT 207,000$ $ 207,000 207,000$
Peterson Park Upgrades (Const.)4 N Q, GRANT 2,000,000$ $ 2,000,000 2,000,000$
Civic Center Carpet 4 N GF 250,000$ $ 250,000 250,000$
DBC Ext. Paint 4 N GF 80,000$ $ 80,000 80,000$
2
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DRAFT 5-YEAR CIP PROGRAM ATTACHMENT 3
Rev: 4/26/2022
Project #Project Description *Priority Funded
(Y/N/P)
**Potential Funding
Sources
Total Project
Budget Request Potential Funding Gap Life to Date Actuals
@ 3/15/2022
Current Available Budget
@ 3/15/2022
Authorized FY 21/22 &
Prior Years Budget FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Unscheduled Projects
Pending Funding/Timing
Musco LED Upgrade (per site)4 N GF 400,000$ $ 400,000 400,000$
Court Lighting LED Upgrade - Reagan, Maple Hill 4 N GF 70,000$ $ 70,000 70,000$
Parking Lot LED Upgrade (all facilities)4 N GF 250,000$ $ 250,000 250,000$
Pantera Park, New Restroom by Courts 5 N GF 750,000$ $ 750,000 750,000$
SubTotal - Facilites, Parks and Rec Improvements 24,318,496$ 21,964,500$ (81,123)$ 906,496$ 2,755,000$ 1,170,000$ 700,000$ 800,000$ 700,000$ $ 17,287,000
TOTAL
5-Year Cost TOTAL Potential Gap
Life to Date Actuals
@ 3/15/2022
Current Available
Budget @3/15/2022
Authorized
FY 21/22 & Prior
Years Budget FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27
Other Projects
Pending
Funding/Timing
Grand Totals $ 60,583,882 $ 25,351,750 $ (1,310,406) $ 6,865,349 $ 8,325,632 $ 8,700,000 $ 4,861,000 $ 4,733,250 $ 11,986,000 $ 4,691,000 $ 17,287,000
**Funding Sources
Description
Est. On-Going &
One-Time Resources
GF General Fund Reserves N/A *Priority List Legend
SPA Sale of Prop A Funds N/A Priority Total Cost Total Potential Gap
SB1 RMRA (SB-1)1,292,845$ 1 Mandatory: Must Have 16,739,900$ 1,562,500$
MM Measure M 975,590$ 2 Needed: If Delayed Will Cost More to Fix 21,759,733$ 7,590,000$
MR Measure R 860,815$ 3 Enhancement: Improve Amenity 13,800,000$ 9,525,000$
GT Gas Tax Fund 1,640,406$ 4 Desirable: May be Delayed 5,117,000$ 3,519,500$
PA Prop A 1,383,813$ 5 Wished: A Luxury Item 3,167,250$ 3,154,750$
PC Prop C 1,147,853$ TOTAL 60,583,882$ 25,351,750$
TM Traffic Mitigation (Private Developer Fair Share)N/A
SI Sewer Improvement Fund N/A
AB2766 Air Quality Improvement Fund 70,000$
TDA SB 821 Fund - Bike and Pedestrian Paths (TDA)
Article 3 53,399$ LEGEND
MTA MTA Grants N/A Already Authorized - Carryover to Next FY 22/23
WH Waste Hauler Fund 130,000$ Already Authorized - NON-Carryover to Next FY 22/23
Q Quimby N/A Request for the Next FY 22/23
PD Park Development Fund N/A Proposed for Future FY's 23/24 to 26/27
CDBG Community Development Block Grant Funds 300,000$ Unscheduled - Pending Funding/Timing
MA Measure A 240,000$
HC Habitat Conservation Grant N/A
FEMA Federal Emergency Management Agency N/A
MSRC Mobile Source Air Pollution Grant N/A
MW Measure W - Safe, Clean Water Act 880,000$
FT Foothill Transit Grant N/A
SCE Southern California Edison Grant N/A
540 Internal Service Fund - (540) Building Facility &
Maintenance Fund N/A
530 Internal Service Funds - (530) Equipment
Maintenance & Replacement Fund N/A
STP-L Federal Surface Transportation Program - Local 1,000,000$
HF Hauler Fee 125,000$
Black - Annual revenue source
Red -Non-annual revenue source
3
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Packet Pg. 27
Agenda #: 5.1
Meeting Date: May 3, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE APRIL 19, 2022 STUDY SESSION
AND REGULAR MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the April 19, 2022 Study Session and Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
5.1
Packet Pg. 28
Attachments:
1. 5.1.a April 19, 2022 Study Session Minutes
2. 5.1.b April 19, 2022 City Council Minutes
5.1
Packet Pg. 29
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL STUDY SESSION
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
APRIL 19, 2022
CALL TO ORDER: M/Low called the Study Session to order at 5:30 p.m.
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; Anthony Santos, Assistant to the City Manager; David DeBerry, City Attorney;
Jason Jacobsen, Finance Director; David Liu, Public Works Director; Hal Ghafari, Public
Works Manager/Assistant City Engineer; Anthony Jordan, Parks & Maintenance
Supervisor; Jason Williams, Maintenance Supervisor; Greg Gubman, Community
Development Director; Ken Desforges, Information Systems Director; Cecilia Arellano,
Public Information Coordinator; Kristina Santana, City Clerk
Staff Present Telephonically: Christy Murphey, Recreation Services Superintendent;
Dannette Allen, Senior Management Analyst; Ryan Wright, Parks and Recreation Director.
1. PUBLIC COMMENTS: None Offered
2. CONSIDERATION OF PROPOSED PROJECTS UTILIZING ONE-TIME
GENERAL FUND RESOURCES RELATED TO AMERICAN RESCUE ACT
(ARPA) FUNDS:
FD/Jacobsen presented the staff report.
Following Q&A, Council concurred to proceed with the list of proposed projects as
submitted by staff with the following comments:
C/Lyons felt one half of the City Hall roof should be replaced and paid for by the
Library with the difference going toward replacement of playground equipment at
Maple Hill Park.
C/Low agreed that the Library should pay for half of the City Hall roof.
CM/Fox indicated that staff will coordinate with the Library and seek reimbursement
for a pro-rata share of the improvements.
C/Low was not comfortable with the $940,000 for the Town Center Specific Plan
and felt the money should be put in reserve until a buyer/developer is identified.
ADJOURNMENT: With no further business to come before the City Council,
M/Low recessed the Study Session at 6:14 p.m. to the Regular Meeting.
5.1.a
Packet Pg. 30
APRIL19, 2022 PAGE 2 CC STUDY SESSION
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 3rd day of May, 2022.
__________________________
Ruth M. Low, Mayor
5.1.a
Packet Pg. 31
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
APRIL 19, 2022
STUDY SESSION: 5:30 p.m., City Hall Windmill Room
Public Comments: None
CONSIDERATION OF PROPOSED PROJECTS
UTILIZING ONE-TIME GENERAL FUND
RESOURCES RELATED TO AMERICAN RESCUE
ACT (ARPA) FUNDS.
Adjournment of Study Session: 6:14 p.m.
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.
CM/Fox reported that tonight’s study session on the proposed use of one-time general
fund resources related to the American Rescue Act (ARPA) concluded with Council
consensus on the list of proposed projects included in the staff report.
PLEDGE OF ALLEGIANCE: Councilmember Liu led the Pledge of Allegiance
INVOCATION: Deacon Dennis Shin, St. Denis Catholic 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;
Omar Sandoval, Assistant City Attorney; Anthony Santos, Assistant to the City
Manager; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Hal
Ghafari, Public Works Manager/Assistant City Engineer; Kristina Santana, City Clerk
Staff Present Telephonically: Amy Haug, Human Resources and Risk Manager;
Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information
Coordinator; Jason Jacobsen, Finance Director; Dannette Allen, Senior Management
Analyst; Ryan Wright, Parks and Recreation Director
Also Present: Captain Stephen Tousey, LA County Sheriff’s
Department.
APPROVAL OF AGENDA: As presented.
5.1.b
Packet Pg. 32
APRIL 19, 2022 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 San Gabriel Valley Regional Housing Trust Update virtual presentation by
Marisa Creter, Executive Director and Brielle Acevedo, Trust Administrator
1.2 Presentation by Gilbert Rivera of grant from Diamond Bar Community
Foundation for Through My Lens Photo Contest Co-Sponsorship
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: NONE
3. PUBLIC COMMENTS: NONE
Gen Smith spoke about retail signage in Diamond Bar.
Pui Ching Ho, Diamond Bar Library, invited residents to learn about upcoming
events by visiting. www.lacountylibrary.org/events
Bob Cruz announced that he has taken a new position with the gas company and
introduced his replacement, Lanae O’Shields, Public Affairs Manager, SoCal
Gas.
4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Calendar of
Future Events.
5. CONSENT CALENDAR: MPT/Chou moved, C/Lyons seconded, to approve
the Consent Calendar as presented with C/Liu abstaining from approval of Item
5.5. 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
5.1 APPROVED CITY COUNCIL MINUTES:
5.1a STUDY SESSION OF APRIL 5, 2022
5.1b REGULAR MEETING OF APRIL 5, 2022
5.2 RATIFIED CHECK REGISTER DATED MARCH 31, 2022 THROUGH
APRIL 12, 2022 TOTALING $435,041.65.
5.3 APPROVED TREASURER’S STATEMENT FOR MARCH 2022
5.4 APPROVED AND AUTHORIZED THE CITY MANAGER TO EXECUTE
THE SOFTWARE SERVICES AGREEMENT WITH OPENGOV, INC.
FOR A FIVE-YEAR TERM THROUGH JUNE 28, 2027 FOR A TOTAL
NOT-TO-EXCEED AMOUNT OF $117,250.
5.5 LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND NO. 41-2021
5.1.b
Packet Pg. 33
APRIL 19, 2022 PAGE 3 CITY COUNCIL
FOR FISCAL YEAR 2022-2023:
A. ADOPTED RESOLUTION NO. 2022-17 ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE AN ENGINEER’S REPORT
RELATED TO MAINTENANCE OF IMPROVEMENTS IN
LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2022-2023; AND,
B. ADOPTED RESOLUTION NO. 2022-18 ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE AN ENGINEER’S REPORT
RELATED TO MAINTENANCE OF IMPROVEMENTS IN THE
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2022-2023.
6. PUBLIC HEARINGS:
6.1 PUBLIC HEARING TO RECEIVE PUBLIC INPUT REGARDING THE
SELECTION OF A DISTRICT MAP AND SEQUENCE OF ELECTIONS
AND INTRODUCE FOR FIRST READING AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
ADDING SECTION 2.04.060 (QUALIFICATIONS OF THE MEMBERS OF
THE CITY COUNCIL) TO CHAPTER 2.04 (CITY COUNCIL) OF ARTICLE
2 (ADMINISTRATION AND PERSONNEL) OF THE DIAMOND BAR CITY
CODE IMPLEMENTING BY-DISTRICT ELECTIONS OF FIVE COUNCIL
MEMBERS.
ACM/McLean presented the staff report.
M/Low opened the Public Hearing.
Paul Akin asked Council to reconsider its position on redistricting.
Paul Sherwood agreed with Mr. Akin, but hoped that HOA’s and
neighborhoods would be kept together as depicted in District Public Map
#124279.
Anita Mancia advocated for District Public Map #124279.
Mac Gilliland preferred that selection of Mayor be automatically
sequenced from district to district.
CC/Santana reported that emails were received from Adrienne Cottrell,
Paul Sherwood, Tulsi Savani, Amer Holmes, Ron and MaryKay Nichols,
Mindee Farabee and Paul Akin, copies of which were forward to Council
Members and posted for public viewing at the front of the Windmill Room.
M/Low closed the Public Hearing.
C/Liu moved, ACM/Chou seconded, to read the Ordinance by Title Only
5.1.b
Packet Pg. 34
APRIL 19, 2022 PAGE 4 CITY COUNCIL
and waive further reading of Ordinance No. 01(2022), an Ordinance of the
City Council of the City of Diamond Bar, California, adding Section
2.04.060 (Qualifications of the Members of the City Council) to Chapter 2
(City Council) of Article 2 (Administration and Personnel) of the Diamond
Bar City Code Implementing By-District Elections of Five City Council
Members. 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
C/Lyons moved, C/Liu seconded, to direct staff to move forward with
District Public Map #124279. 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
C/Liu moved, MPT/Chou seconded, to sequence Districts 1, 3 and 4 for
November 2022 elections, and Districts 2 and 5 for November 2024
elections. 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
7. COUNCIL CONSIDERATION: NONE
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye thanked staff and FD/Jacobsen for the ARPA Funds presentation and how
it protects the City’s General Fund, and ACM/McLean for his tremendous effort
regarding districting. C/Tye spoke about the passing of Jeanne Hopper and her
many contributions to her community and church, and offered prayers to her
husband Mark and their children and grandchildren.
C/Lyons thanked ACM/McLean for months of helping the Council work through
districting. Last week M/Low, C/Tye and C/Lyons presented a City Tile to Mr. Chi
at the Lunar New Year Festival who founded the Evergreen Senior Club and has
contributed to the health and well-being of Diamond Bar residents over the years.
Last week she attended Breakfast with the Bunny with her granddaughter Nora.
She and M/Low met with staff to examine the IVHS contract costs and possibly
consider a less expensive system or contract and appreciates the enhancements
M/Low put in the Resolution. Jeanne Hopper taught her daughter at Chaparral
5.1.b
Packet Pg. 35
APRIL 19, 2022 PAGE 5 CITY COUNCIL
and was an excellent person in every way.
C/Liu thanked staff, SNIO/Jones for helping his neighbors and announced that
AYSO will hold tournaments this weekend. He wished everyone a Happy Earth
Day and voiced his respect for Jeanne Hopper.
MPT/Chou thanked staff for moving the Council through the districting process
and is grateful that he and his colleagues were able to come to an open and
transparent conclusion. Happy 33rd Birthday to Diamond Bar!
M/Low thanked ACM/McLean for his excellent work on districting and
FD/Jacobsen for his work with the budget. She shared a photo of the Evergreen
Club’s celebration of Chinese New Year and Mr. Chi’s 30 years of service, and
acknowledged the Diamond Bar High School state’s mock trial team that
participated in the Constitutional Rights Foundation’s 41st annual California Mock
Trials Finals.
ADJOURNMENT: With no further business to conduct, Mayor Low adjourned
the Regular City Council Meeting at 8:15 p.m. in memory of Jeanne Hopper.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 3rd day of May, 2022.
__________________________
Ruth M. Low, Mayor
5.1.b
Packet Pg. 36
Agenda #: 5.2
Meeting Date: May 3, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED APRIL 13, 2022
THROUGH APRIL 26, 2022 TOTALING $1,057,384.89.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,057,384.89.
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 April 13, 2022 through April 26,
2022 totaling $1,057,384.89 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. 37
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit 5-3-2022
2. 5.2.b Check Register 5-3-2022
5.2
Packet Pg. 38
5.2.a
Packet Pg. 39
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4994 4/26/2022 ABSOLUTE SECURITY
INTERNATIONAL INC
PARTIAL - MARCH SECURITY GUARD
SERVICES
100510 55330 $3,563.50
CHECK TOTAL $3,563.50
4995 4/26/2022 AIRGAS INC HELIUM 100630 51200 $9.86
4/26/2022 AIRGAS INC HELIUM 100520 51200 $98.58
CHECK TOTAL $108.44
4996 4/26/2022 ALLIANT INSURANCE SERVICES
INC
PAPER SHREDDING EVENT INSURANCE 250170 55000 $385.00
CHECK TOTAL $385.00
4997 4/26/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $3,988.81
4/26/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $437.98
4/26/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $1,094.98
4/26/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $766.42
4/26/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $1,139.85
4/26/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $635.08
4/26/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $551.79
4/26/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $635.08
CHECK TOTAL $9,249.99
4998 4/26/2022 KATHY BREAUX CONTRACT CLASS INSTRUCTOR
PAYMENT - ART - WS22
100520 55320 $316.80
CHECK TOTAL $316.80
4999 4/26/2022 BRIAN MARTINEZ PHOTOGRAPHY & VIDEO FOR PARKS
AND REC VIDEO
100240 54900 $600.00
CHECK TOTAL $600.00
5000 4/26/2022 BULLSEYE TELECOM INC ANALOG PHONE LINES - APRIL 2022 100230 52200 $1,833.07
CHECK TOTAL $1,833.07
5001 4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
BSASRF FEES - JULY - SEPT 2021 100 48160 $50.14
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
BSASRF FEES - JULY - SEPT 2021 100 20604 $451.22
5.2.b
Packet Pg. 40
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
BSASRF FEES - OCT - DEC 2021 100 48160 $41.90
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
BSASRF FEES - OCT - DEC 2021 100 20604 $377.12
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
BSASFR FEES - JAN - MAR 2022 100 48160 $65.93
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
BSASFR FEES - JAN - MAR 2022 100 20604 $593.37
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
SMIP FEES - OCT - DEC 2021 100 48170 $56.45
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
SMIP FEES - OCT - DEC 2021 100 20603 $1,072.51
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
SMIP FEES - JAN - MAR 2022 100 48170 $137.13
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
SMIP FEES - JAN - MAR 2022 100 20603 $2,605.56
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
SMIP FEES - JULY - SEPT 2021 100 48170 $63.82
4/26/2022 CALIFORNIA BUILDING
STANDARDS COMMISSION
SMIP FEES - JULY - SEPT 2021 100 20603 $1,212.50
CHECK TOTAL $6,727.65
5002 4/26/2022 DAPEER ROSENBLIT & LITVAK LLP CODE ENFORCEMENT ABATEMENT
MARCH 2022
100120 54024 $2,104.35
CHECK TOTAL $2,104.35
5003 4/26/2022 CAROL A DENNIS MINUTE SECRETARY FOR COUNCIL
MEETINGS IN APRIL
100140 54900 $625.00
CHECK TOTAL $625.00
5004 4/26/2022 DMPR 4 LLC MAY 2022 STORAGE RENTAL 100130 52302 $1,301.00
CHECK TOTAL $1,301.00
5005 4/26/2022 EPOCH & NTD MEDIA GROUP LA LEGAL AD - ELECTION DISTRICTING
PUBLIC NOTICE #4
100140 52160 $324.00
4/26/2022 EPOCH & NTD MEDIA GROUP LA LEGAL AD-ELECTION DISTRICTING
PUBLIC NOTICE #5
100130 52160 $324.00
CHECK TOTAL $648.00
5006 4/26/2022 FRONTIER COMMUNICATIONS
CORP
INTERNET SERVICE - APRIL 2022 100230 54030 $775.00
CHECK TOTAL $775.00
5.2.b
Packet Pg. 41
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
5007 4/26/2022 GLASDON INC ORGANIC LINER BAGS 250170 51200 $1,503.88
CHECK TOTAL $1,503.88
5008 4/26/2022 GO LIVE TECHNOLOGY INC PROJECT MGMT SYSTEM SELECTION -
MAR 2022
100230 54900 $2,475.00
CHECK TOTAL $2,475.00
5009 4/26/2022 GOVCONNECTION INC CISCO HUBS (2) 100230 51200 $64.41
CHECK TOTAL $64.41
5010 4/26/2022 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT - MARCH 2022 100430 55540 $2,975.00
4/26/2022 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT-FEBRUARY 2022 100430 55540 $2,975.00
CHECK TOTAL $5,950.00
5011 4/26/2022 HODGMAN ENTERPRISES BRIDAL SHOW MAILING 100510 52160 $3,955.66
CHECK TOTAL $3,955.66
5012 4/26/2022 HONEYCOTT INC BEE REMOVAL (WASHINGTON PARK) 100630 52320 $130.00
CHECK TOTAL $130.00
5013 4/26/2022 HR GREEN PACIFIC INC PS - DESIGN/AREA 2 - CDBG CURB
RAMP - APRIL 2022
100615 54400 $2,828.00
4/26/2022 HR GREEN PACIFIC INC PLAN CHECK - 2001 DERRINGER LN - FEB
2022
100 22107 $847.00
CHECK TOTAL $3,675.00
5014 4/26/2022 HUMANE SOCIETY OF POMONA
VALLEY INC
IVHS ANIMAL CONTROL SERVICES IN
MARCH 2022
100340 55404 $26,413.00
CHECK TOTAL $26,413.00
5015 4/26/2022 INTEGRUS LLC RICOH COPY CHARGES - 3/19/22-
4/18/22
100230 52100 $647.75
CHECK TOTAL $647.75
5016 4/26/2022 J & J'S SPORTS & TROPHIES CITY 33RD BDAY PINS 100520 51200 $2,756.25
CHECK TOTAL $2,756.25
5017 4/26/2022 JANS AND SON INC VEHICLE MAINTENANCE (LICENSE
1532960)
502630 52312 $2,317.48
CHECK TOTAL $2,317.48
5018 4/26/2022 JIVE COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - APRIL 2022 100230 52200 $2,492.54
CHECK TOTAL $2,492.54
5.2.b
Packet Pg. 42
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
5019 4/26/2022 JOE A GONSALVES & SON INC PROFESSIONAL LEGISLATIVE SERVICES IN
MAY 2022
100130 54900 $2,500.00
CHECK TOTAL $2,500.00
5020 4/26/2022 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE -
JAN 2022
100610 54200 $1,633.45
4/26/2022 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE -
JAN 2022
201610 54200 $6,533.80
4/26/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - 850 S. BREA
CANYON - JAN 2022
100 22109 $579.00
4/26/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE -22589 PACIFIC LN
JAN 2022
100 22109 $309.00
4/26/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - 2244 INDIAN
CREEK
100 22109 $249.00
4/26/2022 JOHN L HUNTER & ASSOC INC NPDES COMPLIANCE - 2775 SHADOW
CANYON JAN 2022
100 22109 $249.00
CHECK TOTAL $9,553.25
5021 4/26/2022 KEVIN D JONES PS - CONSULTING FOR SR-57/60
ADVOCACY - MAR 2022
100615 54400 $4,000.00
CHECK TOTAL $4,000.00
5022 4/26/2022 LA OPINION, L.P. LEGAL AD-ELECTION DISTRICTING
PUBLIC NOTICE #4
100130 52160 $645.00
CHECK TOTAL $645.00
5023 4/26/2022 LA VERNE POWER EQUIPMENT
INC
SMALL EQUIPMENT 100630 51300 $1,177.47
4/26/2022 LA VERNE POWER EQUIPMENT
INC
SMALL EQUIPMENT 100655 51300 $1,700.00
CHECK TOTAL $2,877.47
5024 4/26/2022 LOOMIS COURIER SVCS - MARCH 2022 100210 54900 $808.13
4/26/2022 LOOMIS COURIER SVCS - MARCH 2022 100510 54900 $808.13
CHECK TOTAL $1,616.26
5025 4/26/2022 LOS ANGELES COUNTY PUBLIC
WORKS
INDUSTRIAL WASTE SERVICES - MAR 2022 100610 55550 $4,126.86
CHECK TOTAL $4,126.86
5026 4/26/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2021-22 SHERIFF'S DEPT GENERAL LAW
ENF. - 03/22
100310 55400 $597,784.12
4/26/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2021-22 SHERIFF'S DEPT STREET SWEEP
03/22
100310 55402 $718.41
5.2.b
Packet Pg. 43
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4/26/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2021-22 SHERIFF'S DEPT CAV CHAPEL -
03/22
100310 55402 $10,187.63
CHECK TOTAL $608,690.16
5027 4/26/2022 RICK RAYMOND MATTIE VIDEO & PHOTOS BREAKFAST W/THE
BUNNY
100240 54900 $350.00
CHECK TOTAL $350.00
5028 4/26/2022 MCE CORPORATION ROAD MAINTENANCE (MAR) 100655 55532 $284.92
4/26/2022 MCE CORPORATION ROAD MAINTENANCE (MAR) 201655 55530 $2,308.76
4/26/2022 MCE CORPORATION ROAD MAINTENANCE (MAR) 100655 55528 $11,224.27
4/26/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(MAR)
241641 55524 $4,922.61
4/26/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(MAR)
239639 55524 $12,173.54
4/26/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(MAR)
238638 55524 $14,806.30
4/26/2022 MCE CORPORATION ADDL' LANDSCAPE MAINT (VARIOUS
LLAD 38 LOCATIONS)
238638 52320 $5,290.50
4/26/2022 MCE CORPORATION ADDL' LANDSCAPE MAINT (DBB
MEDIANS)
238638 52320 $4,135.00
4/26/2022 MCE CORPORATION ADDL' LANDSCAPE MAINT (DBB & 57
FWY)
238638 52320 $497.21
CHECK TOTAL $55,643.11
5029 4/26/2022 MICHAEL BALLIET CONSULTING
LLC
SOLID WASTE CONSULTING SERVICES 250170 54900 $10,867.50
CHECK TOTAL $10,867.50
5030 4/26/2022 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY
PREPARDNESS
100350 52300 $78.75
CHECK TOTAL $78.75
5031 4/26/2022 NETWORK PARATRANSIT SYSTEMS
INC
DIAMOND RIDE TRANS. SERVICES
FY2021-22 JAN 2022
206650 55560 $12,108.73
4/26/2022 NETWORK PARATRANSIT SYSTEMS
INC
DIAMOND RIDE TRANS. SERVICES
FY2021-22 FEB 2022
206650 55560 $12,471.73
CHECK TOTAL $24,580.46
5032 4/26/2022 ONE TIME PAY VENDOR ALBERT ABLAZA FACILITY REFUND 100 20202 $200.00
CHECK TOTAL $200.00
5.2.b
Packet Pg. 44
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
5033 4/26/2022 ONE TIME PAY VENDOR ASHIL PANSURIA EVENT CANCELATION REFUND 100 20202 $7,348.10
CHECK TOTAL $7,348.10
5034 4/26/2022 ONE TIME PAY VENDOR STEPHANIE SALDIVAR FACILITY REFUND 100 20202 $1,196.14
CHECK TOTAL $1,196.14
5035 4/26/2022 ONE TIME PAY VENDOR RONNIE RAMIREZ REIMBURSEMENT-CODE ENF WEBINAR
1/11/22-
100430 52500 $38.00
CHECK TOTAL $38.00
5036 4/26/2022 PAPER RECYCLING &
SHREDDING
RECORDS DESTRUCTION DAY -
4/13/2022
250170 55000 $150.00
4/26/2022 PAPER RECYCLING &
SHREDDING
PAPER RECYCLING EVENT 4/16/2022 250170 55000 $1,000.00
CHECK TOTAL $1,150.00
5037 4/26/2022 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINT SVCS - CITY PARKS
(MARCH)
100510 55505 $5,865.00
4/26/2022 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINT SVCS - CITY PARKS
(MARCH)
100630 55505 $27,411.00
CHECK TOTAL $33,276.00
5038 4/26/2022 PROTECTION ONE INC BURGLAR ALARM - CITY HALL (MAY) 100620 52320 $38.29
CHECK TOTAL $38.29
5039 4/26/2022 PUBLIC STORAGE #23051 STORAGE RENTAL UNIT IN MAY 2022 100130 52302 $526.00
CHECK TOTAL $526.00
5040 4/26/2022 PYRO COMM SYSTEMS INC BUILDING MAINTENANCE - HERITAGE
PARK
100630 52320 $1,245.10
CHECK TOTAL $1,245.10
5041 4/26/2022 QUADIENT FINANCE USA INC POSTAGE 100140 52170 $5,010.00
CHECK TOTAL $5,010.00
5042 4/26/2022 QUADIENT FINANCE USA INC POSTAGE MACHINE INK CARTRIDGE 100130 51200 $177.43
CHECK TOTAL $177.43
5043 4/26/2022 RAYCOM DATA TECHNOLOGIES
INC
DOCUMENT IMAGING - BUILDING &
SAFETY, PW GEOTECH
100130 54900 $7,961.66
CHECK TOTAL $7,961.66
5044 4/26/2022 REGIONAL TAP SERVICE CENTER FOOTHILL/METRO PASSES - MARCH 2022 206650 55610 ($6.30)
5.2.b
Packet Pg. 45
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4/26/2022 REGIONAL TAP SERVICE CENTER FOOTHILL/METRO PASSES - MARCH 2022 206650 55620 $50.40
4/26/2022 REGIONAL TAP SERVICE CENTER FOOTHILL/METRO PASSES - MARCH 2022 206650 55610 $201.60
4/26/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - MARCH 2022 206650 55620 $250.00
4/26/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - MARCH 2022 206650 55610 $1,000.00
CHECK TOTAL $1,495.70
5045 4/26/2022 RELIABLE TRANSLATIONS CORP DISTRICTING PUBLIC NOTICE #4
TRANSLATIONS
100140 54900 $390.00
CHECK TOTAL $390.00
5046 4/26/2022 RKA CONSULTING GROUP AREA 1 DESIGN - GOLDEN SPRINGS (W)
FEB 2022
301610 56101 $490.00
4/26/2022 RKA CONSULTING GROUP AREA 2 - DESIGN GOLDEN SPRINGS (E) -
FEB 2022
301610 56101 $3,997.50
4/26/2022 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES -
JANUARY 2022
100420 55100 $90,109.59
CHECK TOTAL $94,597.09
5047 4/26/2022 S & J GRAN CAFE II FOOD SERVICES FOR BREAKFAST WITH
THE BUNNY
100520 55300 $930.75
CHECK TOTAL $930.75
5048 4/26/2022 SCMAF SCMAF 2022 MEMBERSHIP 100520 52400 $310.00
CHECK TOTAL $310.00
5049 4/26/2022 SHEPPARD MULLIN RICHTER &
HAMPTON
PROFESSIONAL SERVICES - TRES
HERMANOS IN MARCH '22
100120 54022 $2,520.23
CHECK TOTAL $2,520.23
5050 4/26/2022 SIMPSON ADVERTISING INC LAYOUT AND DESIGN OF MAY 2022 4-
PAGE NEWSLETTER
100240 54900 $1,575.00
CHECK TOTAL $1,575.00
5051 4/26/2022 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL R.O.W.
(MAR)
100645 55528 $3,113.00
CHECK TOTAL $3,113.00
5052 4/26/2022 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK -
APRIL 2022
100230 54030 $7.05
CHECK TOTAL $7.05
5053 4/26/2022 STAY GREEN INC LANDSCAPE MAINTENANCE (ADDL') 100620 52320 $26.28
CHECK TOTAL $26.28
5.2.b
Packet Pg. 46
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
5054 4/26/2022 STEVEN ANTHONY SANTANA DJ SERVICES FOR BREAKFAST WITH THE
BUNNY
100520 55300 $500.00
CHECK TOTAL $500.00
5055 4/26/2022 STEVEN CARRILLO PHOTO BOOTH FOR BREAKFAST WITH
THE BUNNY
100520 55300 $400.00
CHECK TOTAL $400.00
5056 4/26/2022 TASC FSA ADMIN FEES 100220 52515 $100.00
CHECK TOTAL $100.00
5057 4/26/2022 THE CITY OF DIAMOND BAR
COMMUNITY FOUNDATION
11TH ANNUAL GOLF TOURNAMENT - 2
TEE SIGN SPONSORS
101110 52600 $200.00
CHECK TOTAL $200.00
5058 4/26/2022 THE COMDYN GROUP INC GIS SUPPORT - MARCH 2022 100230 54900 $4,448.08
CHECK TOTAL $4,448.08
5059 4/26/2022 THE TAIT GROUP INC PS/ENGR - VARIOUS TRANSPORTATION
PROJ - MAR 2022
100615 54410 $3,750.00
CHECK TOTAL $3,750.00
5060 4/26/2022 TRANE SERVICE GROUP INC HVAC MAINTENANCE (PANTERA) 100630 52320 $779.00
CHECK TOTAL $779.00
5061 4/26/2022 TRIFYTT SPORTS LLC CONTRACT CLASS INSTRUCTOR - YOUTH
SPORTS
100520 55320 $1,044.90
CHECK TOTAL $1,044.90
5062 4/26/2022 US POSTAL SERVICE POSTAGE FOR BRIDAL SHOW MAILING 100240 52170 $5,225.00
CHECK TOTAL $5,225.00
5063 4/26/2022 WW GRAINGER INC BUILDING MAINTENANCE (CITY HALL) 100620 52320 $28.42
CHECK TOTAL $28.42
5064 4/26/2022 WALNUT VALLEY WATER DISTRICT WATER SVCS-DBC MARCH 2022 100510 52220 $454.14
4/26/2022 WALNUT VALLEY WATER DISTRICT WATER SVCS-RECYCLED MARCH 2022 238638 52220 $1,598.55
4/26/2022 WALNUT VALLEY WATER DISTRICT WATER SVCS-PARKS MARCH 2022 100630 52220 $23,997.14
4/26/2022 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 39 MARCH 2022 239639 52220 $7,599.45
4/26/2022 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 38 MARCH 2022 238638 52220 $11,804.84
4/26/2022 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 41 MARCH 2022 241641 52220 $5,871.50
5.2.b
Packet Pg. 47
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
4/26/2022 WALNUT VALLEY WATER DISTRICT WATER SVCS-CITY HALL MARCH 2022 100620 52220 $756.22
CHECK TOTAL $52,081.84
5065 4/26/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $143.81
4/26/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $195.19
CHECK TOTAL $339.00
5066 4/26/2022 WEST COAST ARBORISTS INC TREE MAINTENANCE (03.01.22 -
03.15.22)
100645 55522 $7,087.05
CHECK TOTAL $7,087.05
5067 4/26/2022 YUNEX LLC TS MAINTENANCE - CALL OUTS MAR
2022
207650 55536 $5,134.69
4/26/2022 YUNEX LLC TS MAINTENANCE - MARCH 2022 207650 55536 $4,554.00
4/26/2022 YUNEX LLC TS MAINT - REPAIR/DBB-SUNSET
CROSSING
207650 55536 $2,433.50
CHECK TOTAL $12,122.19
GRAND TOTAL $1,057,384.89
5.2.b
Packet Pg. 48
Agenda #: 5.3
Meeting Date: May 3, 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. 2022-19, 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).
5.3
Packet Pg. 49
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. 5.3.a Resolution No. 2022-19 AB361 Cont
5.3
Packet Pg. 50
RESOLUTION NO. 2022-19
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
5.3.a
Packet Pg. 51
Resolution No. 2022-19
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, 2022-06, 2022-12 and 2022-14 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.
5.3.a
Packet Pg. 52
Resolution No. 2022-19
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 3rd day of May, 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 3rd day of May, 2022, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Kristina Santana, City Clerk
5.3.a
Packet Pg. 53
Agenda #: 5.4
Meeting Date: May 3, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NO. 38
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2022-20, declaring the City's intention to levy and collect
assessments for Landscape Assessment District No. 38 and directing staff to advertise
the Public Hearing to be set for the May 17, 2022 regular meeting.
FINANCIAL IMPACT:
For FY 2022/23, the assessment for the Landscape Assessment District 38 will stay at
its current amount of $15 per parcel. As shown in the attached Engineer’s Report,
$276,720 of assessment generated by this District supplemented by $157,689 of new
General Fund contribution and $17,600 Fund Balance Reserves are proposed to pay for
the operation and maintenance costs budgeted in Special Fund No. 238.
BACKGROUND/DISCUSSION:
On April 19, 2022, the City Council approved Resolution No. 2022-17, ordering the City
Engineer to prepare and file a report related to the maintenance of public improvements
in the City of Diamond Bar Landscaping Assessment District 38 (LAD 38) and any
assessment thereon for Fiscal Year 2022/23.
The Engineer’s Report for the City’s LAD 38 (Attachment 2), which is 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, includes authority for the report,
estimated costs of improvements, a diagram for the District and the assessments.
The estimated number of parcels within the District is 18,448 parcels. The amount
assessed upon the lands within LAD 38 for Fiscal Year 2021/22 was $15.00 per parcel.
5.4
Packet Pg. 54
The amount to be assessed for Fiscal Year 2022/23 is to remain at $15.00 per parcel.
The assessments will be utilized for the general maintenance of the City’s medians and
parkways as identified in the corresponding Engineer’s Report and Exhibit “A” of the
attached resolution.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to
finance the capital costs or maintenance and operation expenses for sidewalks, streets,
sewers, water, flood control drainage systems or vector control.
A public hearing before the City Council is proposed to be scheduled for 6:30 p.m. on
May 17, 2022, for the proposed assessments on assessable lots within LAD 38 for
Fiscal Year 2022/23.
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. 2022-20
2. 5.4.b LAD 38 FY 2022/23 Engineer's Report
5.4
Packet Pg. 55
RESOLUTION NO. 2022-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICT NO. 38
AND DIRECT THE STAFF TO ADVERTISE THE PUBLIC HEARING
BEFORE THE COUNCIL AT THE MAY 17, 2022 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Landscape Assessment District No. 38
(“District”) was created pursuant to Part 2 of Division 15 of the California Streets and
Highways Code (§ 22500, et seq.);
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
as follows:
Section 1. The Recitals, as set forth above, are in all respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to City of Diamond Bar Landscape Assessment District No. 38 is hereby approved
as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during Fiscal Year 2022-23 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Landscape Assessment
District No. 38,” as shown on Exhibit “A” attached hereto and incorporated herein by
reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
The installation, maintenance and servicing of landscaping and any facilities which
are appurtenant thereto or which are necessary or convenient for the maintenance and
servicing thereof, including but not limited to, repair, removal or replacement, grading,
clearing, removal of debris, pruning, fertilization, pest control and weed control, and the
installation or construction of appurtenant facilities, including curbs, gutters, walls,
sidewalks or paving, or water, irrigation, or electrical facilities. Said installation,
maintenance and servicing of the landscaping and installation, maintenance and servicing
of related work shall be within the area of Landscape Assessment District No. 38 as
5.4.a
Packet Pg. 56
Resolution No. 2022-20
2
shown on Exhibit “A,” as attached hereto and incorporated by reference. The location and
type of improvement is shown on Exhibit “A.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Landscape Assessment District No. 38 for Fiscal Year 2022-23. Said proposed
assessment per lot is the amount of $15.00, the same amount which was levied in Fiscal
Year 2021-22.
Section 6. This Council hereby fixes 6:30 p.m. on May 17, 2022 in the Windmill
Community Room at City Hall, 21810 Copley Drive, Diamond Bar, California, as the time
and place for a hearing before this Council on this question of the levy of the proposed
assessments on assessable lots with City of Diamond Bar Landscape Assessment
District No. 38 for Fiscal Year 2022-23 and hereby gives notice of said hearing.
Section 7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed exclusively
to finance the capital costs and maintenance and operation expenses for streets and
sidewalks and that the assessment are exempt from the requirements of Article XIIID,
Section 4 of the California Constitution.
Section 8. 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 3rd day of May 2022.
CITY OF DIAMOND BAR
_______
Ruth M. Low, Mayor
[Signatures continued on the following page]
5.4.a
Packet Pg. 57
Resolution No. 2022-20
3
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 3rd day of May 2022, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
_______
Kristina Santana, City Clerk
5.4.a
Packet Pg. 58
Resolution No. 2022-20
4
Exhibit A
5.4.a
Packet Pg. 59
FY 2022-23
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 38
May 2022
5.4.b
Packet Pg. 60
CITY OF DIAMOND BAR PAGE ii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 Manager
Dan Fox
P ublic Works Director
David Liu
City Attorney
David DeBerry
Engineer of Work
Jerry Bradshaw, P.E.
SCI Consulting Group
5.4.b
Packet Pg. 61
CITY OF DIAMOND BAR PAGE iii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
(This Page Intentionally Left Blank)
5.4.b
Packet Pg. 62
CITY OF DIAMOND BAR PAGE iv
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Table of Contents
Introduction .................................................................................................... 6
Overview ...................................................................................................................... 6
Engineer’s Report and Continuation of Assessments .................................................. 6
Legislative Analysis ....................................................................................................... 7
Plans & Specifications ................................................................................... 10
Fiscal Year 2022-23 Estimate of Cost and Budget ........................................... 13
Budget for Fiscal Year 2022-23 ................................................................................... 13
Method of Assessment Apportionment ......................................................... 14
Method of Apportionment ......................................................................................... 14
Discussion of Benefit .................................................................................................. 14
Special Benefit ............................................................................................................ 16
General Versus Special Benefit .................................................................................. 17
Benefit Finding ........................................................................................................... 18
Method of Apportionment ......................................................................................... 22
Annual Assessment Calculation.................................................................................. 23
Duration of Assessment ............................................................................................. 23
Appeals of Assessments Levied to Property .............................................................. 23
Assessment Funds Must Be Expended Within the District Area ................................ 24
Assessment ................................................................................................... 25
Assessment Diagram ..................................................................................... 27
Assessment Roll ............................................................................................ 29
5.4.b
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CITY OF DIAMOND BAR PAGE v
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
List of Tables
Table 1: FY 2022-23 Estimate of Costs .............................................................................. 13
Table 2: FY 2022-23 Summary Cost Estimate ................................................................... 25
5.4.b
Packet Pg. 64
CITY OF DIAMOND BAR PAGE 6
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains perimeter and median
landscaping, and other improvements (“Improvements”) to various parts of the City. In
order to fund the maintenance and operation (“Services”) of these projects and
improvements, Landscaping Assessment District No. 38 (“District”) was formed in 1984
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. This Engineer’s
Report ("Report") was prepared to establish the budget for the Improvements (as
described below) that will be funded by the 2022-23 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”).
Engineer’s Report and Continuation of Assessments
The assessments have been continued for over 30 years. In each subsequent year for
which the assessments will be continued, the Diamond Bar City Council (the “Council”)
must direct the preparation of an Engineer’s Report, budgets, and proposed assessments
for the upcoming fiscal year. After the report is completed, the City Council may
preliminarily approve the Engineer’s Report and the continued assessments and establish
the date for a public hearing on the continuation of the assessments. Accordingly, this
Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City
Council.
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.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
5.4.b
Packet Pg. 65
CITY OF DIAMOND BAR PAGE 7
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for May 17, 2022. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
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.
Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District.
To maintain an accurate reference and legally defensible record of the District, pertinent
language used in previous engineer’s reports has been retained herein and is cited in
italics as appropriate.
Legislative 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.
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 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:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
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
This Engineer’s Report and the process used to establish the continuation of the
assessments for fiscal year 2022-23 are consistent with the SVTA decision and with the
requirements of Article XIIIC and XIIID of the California Constitution based on the
following factors:
5.4.b
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CITY OF DIAMOND BAR PAGE 8
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
1. The District is drawn to include the entire City; although only parcels deriving special
benefits are included in the assessment rolls. Thus, zones of benefit are not required,
and the assessment revenue derived from real property in the District is expended
only on the Improvements in the District.
2. The Improvements which are constructed and maintained with assessment proceeds
in the District are located in close proximity to the real property subject to the
assessment. The Improvements provide landscaping and other services to the
residents of such assessed property. The proximity of the Improvements to the
assessed parcels provides a special benefit to the parcel being assessed pursuant to
the factors outlined by the Supreme Court in that decision.
3. Due to their proximity to the assessed parcels, the Improvements financed with
assessment revenues in the District benefit the properties in that District in a manner
different in kind from the benefit that other parcels of real property in the City derive
from such Improvements, and the benefits conferred on such property in the District
are more extensive than a general increase in property values.
4. The assessments paid in the District are proportional to the special benefit that each
parcel within that Assessment District receives from the Improvements because:
a. The specific landscaping Improvements and maintenance and utility
costs thereof in the District are specified in this Report; and
b. Such Improvement and maintenance costs in the District are
allocated among different types of property located within the
District, and equally among those properties which have similar
characteristics, such as single-family residential parcels, multi-family
residential parcels, commercial parcels, industrial parcels, etc.
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 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.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 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.
5.4.b
Packet Pg. 67
CITY OF DIAMOND BAR PAGE 9
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 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.
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 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.
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.
5.4.b
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CITY OF DIAMOND BAR PAGE 10
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Plans & Specifications
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. 38, (“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 follows:
Medians
The landscaped islands to be maintained by the District are located as follows:
Diamond Bar Blvd
Grand Ave
Golden Springs Dr – 57 freeway overcrossing to West City Limits
Golden Prados Dr – Golden Springs Dr to Hopi St
Tin Dr – Great Bend Dr to Diamond Bar Blvd
Lemon Ave – Lycoming St to Golden Springs Dr
Sunset Crossing Rd – 57 freeway off-ramp to Prospectors Rd
Prospectors Rd – at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr
Pathfinder Rd at Brea Canyon Rd (east of 57 freeway)
Parkways
The landscaped parkways to be maintained by the District are located as follows:
Grand Ave – Summit Ridge to Diamond Bar Blvd, north side
Temple Ave – Diamond Bar Blvd to Golden Springs Dr, south side
Golden Springs Dr – Ballena Dr to End of cul-de-sac
Golden Springs Dr – El Encino Dr to Platina Dr
Golden Springs Dr – Rancheria Rd to end of cul-de-sac
5.4.b
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CITY OF DIAMOND BAR PAGE 11
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd
Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac
Brea Canyon Rd – at Gerndal St
Golden Springs Dr – at Adel Ave
Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides
Sunset Crossing Rd – Big Falls Dr to Chapparal Dr
Turf Areas
The landscaped turf areas to be maintained by the District are located as follows:
Diamond Bar Blvd – at Gold Rush Dr
Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond
Bar Center
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,
lighting, fencing, entry monuments, 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 and lights.
“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.
5.4.b
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CITY OF DIAMOND BAR PAGE 12
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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.
5.4.b
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CITY OF DIAMOND BAR PAGE 13
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Fiscal Year 202 2 -2 3 Estimate of Cost and Budget
Budget for Fiscal Year 202 2 -2 3
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
Salaries & Benefits (subsidized by General Fund)47,083$
Operating Expenses Advertising 5,000$ Utilities 162,250$ Maintenance of Grounds/Buildings 38,500$
Professional Services 6,000$
Contract Services
Landscape Maintenance 186,676$ Trees Maintenance 6,500$ Estimated Expenditures 452,009$
Revenue Item Direct Benefit Assessments 276,720$ Fund Balance Reserves 17,600$
General Fund Contribution 157,689$ Estimated Revenues 452,009$
Budget Allocation to Parcels
Total Assessment BudgetA 276,720$
Total Assessable Parcels 18448 Assessment per Parcel 15$
LANDSCAPING ASSESSMENT DISTRICT NO. 38
FY 2022-23
A. The Act requires proceeds from the assessments must be deposited into a special fund that has
been set up for the revenues and expenditures of the 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.
5.4.b
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CITY OF DIAMOND BAR PAGE 14
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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.
Discussion 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."
5.4.b
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CITY OF DIAMOND BAR PAGE 15
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 to Improved Landscaped Areas and Other Public Improvements within
the District.
B. Access to Improved landscaped areas and Other Public Improvements within the
District.
C. Improved Views within the District.
D. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
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.
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.
5.4.b
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CITY OF DIAMOND BAR PAGE 16
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Special Benefit
The District was formed by a different engineer of record. From the original Engineer’s
Report, the primary special benefits on landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in
Diamond Bar.
2. A sense of community pride resulting from well-maintained green
spaces.
3. The enhancement of the value of property which results from the
foregoing benefits.1
In addition, SCI assessment engineers have identified the following special benefits:
Proximity to Improved 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.
Access to I mproved L andscaped A reas within the District
Since the parcels in the District are nearly the only parcels that enjoy close access to the
Improvements, they directly benefit from the unique close access to improved
landscaping areas and other public improvements that are provided by the Assessments.
This is a direct advantage and special benefit to property in the District.
1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of
Diamond Bar, dated June 3, 2014
5.4.b
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CITY OF DIAMOND BAR PAGE 17
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Improved V iews within the Assessment Districts
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.
Extension 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.
General Versus 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
5.4.b
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CITY OF DIAMOND BAR PAGE 18
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 from the Improvements and other properties and the public at large
do 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.
Benefit 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.
5.4.b
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CITY OF DIAMOND BAR PAGE 19
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of 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 the properties outside the District but with frontage abutting the Improvements
cannot be assessed by the District, this is a form of general benefit to other property. The
primary way that parcels outside the district benefit by the Improvements is from views.
Therefore, parcels that abut the landscape areas and are not separated from the
Improvements by a privacy fence are counted for this general benefit. Since very few of
the Improvements lie at the District boundary near occupied parcels, there are very few
parcels in this category. The general benefit to property outside of the District is
calculated as follows.
Benefit to Property Inside the Assessment Districts 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.
18 Parcels Outside District
18,422 Parcels In the District
18
18 +18,422 =0.10%
Calculation:
Assumptions:
General Benefit to Property Ouside the District
5.4.b
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CITY OF DIAMOND BAR PAGE 20
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 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 4.43% 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.
Benefit 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. It should be noted
that these Improvements do not attract the public at large in the same way as park
improvements – and they confer far less benefit to the public at large than do similar park
improvements. In essence, the public does not visit an area to enjoy landscaping in the
same way as they may visit a park.
One way to measure the special benefit to the general public is by the vehicle trips
through an area with Improvements by people who are not residents within the District.
Of the four ways benefits are conferred (proximity, access, views, extension of a
property’s green space, and creation of lots), the only benefit that is conferred by way of
pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further
reduced to 10% due the brevity of the views and because views are less critically
important and are enjoyed much less often to the average non-resident driver than to a
resident.
Specific data is not available for the number of vehicle trips by non-residents of the
District past the Improvements, which lie mostly on arterial roadways. A conservative
estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of
10% =) 5.00% of the benefits from the other Improvements are general benefits to the
public at large.
Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 9.53%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
5.4.b
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CITY OF DIAMOND BAR PAGE 21
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
0.10%
4.43%
5.00%
9.53%
Although this analysis finds that 9.53% of the assessment may provide general benefits
from the Improvements, the Assessment Engineer establishes a requirement for a
minimum contribution from sources other than the assessments of 10%. This minimum
contribution above the measure of general benefits will serve to provide additional
coverage for any other general benefits.
Current General Benefit Contribution from the City
This general benefit cannot be funded from the Assessments; it must be funded from
other sources such as the City’s General Fund or other non-District funds. These
contributions can also be in the form of in-lieu contributions to the installation and
maintenance of the Improvements such as other City assets that support and protect the
Improvements. The City of Diamond Bar will contribute both monetary and in-lieu
resources to ensure that the general benefits conferred by the proposed Improvements
are not funded by the District’s Assessments.
A summary and quantification of these other contributions from the City is discussed
below:
The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along
the border of the District Improvements. This curb and gutter serves to support, contain,
retain, manage irrigation flow and growth, and provide a boundary for the Improvements.
The contribution from the City towards general benefit from the maintenance,
rehabilitation, and replacement of the curb and gutter is conservatively estimated to be
5%.
The City owns and maintains a storm drainage system along the border of the District
Improvements. This system serves to prevent flooding and associated damage to the
Improvements, and manage urban runoff including local pollutants loading from the
Improvements. The contribution from the City towards general benefit from the
maintenance, and operation of the local storm drainage system is conservatively
estimated to be 5%.
5.4.b
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CITY OF DIAMOND BAR PAGE 22
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
The City owns and maintains local public streets along the border of the District
Improvements. These public streets provide access to the Improvements for its
enjoyment as well as efficient maintenance. The contribution from the City towards
general benefit from the maintenance of local public streets is conservatively estimated
to be 5%.
The value of the construction of the improvements can be quantified and monetized as
an annuity. Since this construction was performed and paid for by non-assessment funds,
this “annuity” can be used to offset general benefit costs and is conservatively estimated
to contribute 10%.
The total General Benefit is liberally quantified at 10% which is entirely offset by the
conservatively quantified total non-assessment contribution towards general benefit
described above of 25%. Therefore, no additional General Benefit must be funded by the
City.
Method of A pportionment
The development of an Assessment methodology requires apportioning to determine the
relative special benefit for each property. As the District was formed by a different
engineer of record, the precise language from the most recent Engineer’s Report is
included below:
The net amount to be assessed upon lands within the District in accordance with this
report is apportioned by a formula and method which fairly distributes the amount
among all assessable lots or parcels in proportion to the estimated benefits to be received
by each lot or parcel from the Improvements, namely the maintenance and servicing of
public landscaping improvements within such District. The maintenance and servicing of
public landscaping improvements installed and constructed in public places in the City of
Diamond Bar provides a special benefit which is received by each and every lot or parcel
within the District, tending to enhance their value.
The primary benefits on landscaping are set forth below:
1. Beautification of the streets which are used by all of the residents in
Diamond Bar.
2. A sense of community pride resulting from well-maintained green
spaces.
3. The enhancement of the value of property which results from the
foregoing benefits.
5.4.b
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CITY OF DIAMOND BAR PAGE 23
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
The existing land use information indicates that well over 90 percent of the parcels within
the City of Diamond Bar are residences. Because the special benefits derived apply
equally to all residents and parcels, it has been determined that all assessable parcels
would receive the same net assessment.2
A nnual Assessment Calculation
For fiscal year 2022-23 the amount of Assessments for the District is not increased from
prior years. The assessment per parcel is $15.
Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments
be continued every year after their formation or annexation, 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 to 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.
2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of
Diamond Bar, dated June 3, 2014
5.4.b
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CITY OF DIAMOND BAR PAGE 24
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Assessment 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.
5.4.b
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CITY OF DIAMOND BAR PAGE 25
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Assessment
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 2: FY 2022-23 Summary Cost Estimate
Salaries & Benefits 47,083$
Operating Expenses & Services 404,926$
Total for Services 452,009$
Less General Fund Contribution (175,289)$
Net Amount to Assessments 276,720$
CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38
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 PAGE 26
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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: April 26, 2022
Engineer of Work
By___________________________
Jerry Bradshaw, License No. C48845
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CITY OF DIAMOND BAR PAGE 27
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Assessment Diagram
The District boundary is conterminous with the City Limits. The parcels to be assessed in
Landscaping Assessment District No. 38 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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CITY OF DIAMOND BAR PAGE 28
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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CITY OF DIAMOND BAR PAGE 29
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Page 29
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.
5.4.b
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Agenda #: 5.5
Meeting Date: May 3, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NO. 41-2021
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2022-21, declaring the City's intention to levy and collect
assessments for Landscape Assessment District No. 41-2021 and directing staff to
advertise the Public Hearing to be set for the May 17, 2022 regular meeting.
FINANCIAL IMPACT:
For FY 2022/23, the assessment for the Landscaping Assessment District 41-2021 is
proposed to increase by 3% making the assessment amount for the single-family and
multi-family parcels $540.98 and $497.71, respectively. As shown in the attached
Engineer’s Report, $293,471 of assessment generated by this District and $10,986 of
General Fund Contribution (General Benefit at 3.84%) are proposed to pay for the
operation and maintenance costs budgeted in Special Fund No. 241.
BACKGROUND/DISCUSSION:
On July 6, 2021, the City Council approved Resolution No. 2021-33, forming a new
Landscape Assessment District 41-2021 (LAD 41-2021) to replace the former
Landscape Assessment District 41. On April 19, 2022, the City Council approved
Resolution No. 2022-18, ordering the City Engineer to prepare and file a report related
to the maintenance of public improvements in LAD 41-2021 and any assessment
thereon for the Fiscal Year 2022/23.
The attached Engineer’s Report for the City’s LAD 41-2021 (Attachment 2), which is
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, includes
authority for the report, estimated costs of operation and maintenance, a diagram for the
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District and the assessments.
The estimated number of parcels within the LAD 41-2021 is 554 parcels. The amounts
assessed upon the lands within LAD 41-2021 for the Fiscal Year 2021/22 were $525.22
and $483.21 per parcel for the single-family houses and condominium units,
respectively. Those amounts for the Fiscal Year 2022/23 are proposed to increase by
3% to $540.98 and $497.71 per parcel. The assessments will be utilized for the general
maintenance of slopes, and open space areas, within LAD 41-2021 as identified in the
corresponding Engineer’s Report and Exhibit “A” of the attached resolution.
Although the proposed assessment is 3% higher than last fiscal year, for purposes of
Proposition 218, if a resolution was presented to the voters within the district providing
that the assessment may be adjusted for inflation pursuant to a clearly identified formula
stated in the resolution is approved by the voters with the district, it is exempt from
Proposition 218’s majority protest voting requirements. In voting to create District 41-
2021, the voters within the district approved increases in the assessment based on
actual costs, but subject to a 3% cap. Since the proposed assessment is within that cap,
the majority protest process is not required.
A public hearing before the City Council is proposed to be scheduled for 6:30 p.m. on
May 17, 2022, for the proposed assessments on assessable lots within LAD 41-2021 for
Fiscal Year 2022/23.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.5.a Resolution No. 2022-21
2. 5.5.b LAD 41-2021 FY 2022/23 Engineer's Report
5.5
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RESOLUTION NO. 2022-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICT NO. 41-
2021 AND DIRECT STAFF TO ADVERTISE THE PUBLIC HEARING
BEFORE THE COUNCIL AT THE MAY 17, 2022 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 41-2021 (“District”)
was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code
(§ 22500, et seq.);
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The Recitals, as set forth above, are in all respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to City of Diamond Bar Landscape Assessment District No. 41-2021 is hereby
approved as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during Fiscal Year 2022-23 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Landscape Assessment
District No. 41-2021,” as shown on Exhibit “A” attached hereto and incorporated herein
by reference.
Section 4. A general description of the improvements proposed for the
aforementioned District is as follows:
The maintenance and servicing of landscaping and any
facilities which are appurtenant thereto or which are necessary or
convenient for the maintenance and servicing thereof, including but
not limited to, repair, removal or replacement, grading, clearing,
removal of debris, pruning, fertilization, pest control and weed
control, and the installation or construction of appurtenant facilities,
including curbs, gutters, walls, sidewalks or paving, or water,
irrigation, or electrical facilities. Said maintenance and servicing of
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Resolution No. 2022-21
2
the landscaping and installation, maintenance and servicing of
related work shall be within the area of Landscape Assessment
District No. 41-2021 as shown on Exhibit “A” as attached hereto and
incorporated by reference. The location and type of improvement is
shown on Exhibit “A.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Landscape Assessment District No. 41-2021 for Fiscal Year 2022-23. Said proposed
assessment amounts for the single-family and multi-family parcels are $540.98 and
$497.71, respectively, an increase of 3% from Fiscal Year 2021-22.
Section 6. This Council hereby fixes 6:30 p.m. on May 17, 2022, in the Windmill
Community Room at City Hall, 21810 Copley Drive, Diamond Bar, California, as the time
and place for a hearing before this Council on this question of the levy of the proposed
assessments on assessable lots with City of Diamond Bar Landscape Assessment
District No. 41-2021 for fiscal year 2022-23 and hereby gives notice of said hearing.
Section 7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed exclusively
to finance the capital costs and maintenance and operation expenses for streets and
sidewalks and that the assessment are exempt from the requirements of Article XIIID,
Section 4 of the California Constitution.
Section 8. 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 3rd day of May 2022.
CITY OF DIAMOND BAR
_______
Ruth M. Low, Mayor
[Signatures continued on the following page]
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Resolution No. 2022-21
3
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 3rd day of May 2022, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
_______
Kristina Santana, City Clerk
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Resolution No. 2022-21
4
Exhibit A
Landscape Assessment District 41-2021
5.5.a
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FY 2022-23
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 41-2021
May 2022
5.5.b
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CITY OF DIAMOND BAR PAGE ii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 Manager
Dan Fox
P ublic Works Director
David Liu
City Attorney
David DeBerry
Engineer of Work
Jerry Bradshaw, P.E.
SCI Consulting Group
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CITY OF DIAMOND BAR PAGE iii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
(This Page Intentionally Left Blank)
5.5.b
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CITY OF DIAMOND BAR PAGE iv
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Table of Contents
Introduction .................................................................................................... 6
Overview ...................................................................................................................... 6
Engineer’s Report and Continuation of Assessments .................................................. 7
Legislative Analysis ....................................................................................................... 7
Plans & Specifications ................................................................................... 10
Fiscal Year 2022-22 Estimate of Cost and Budget ........................................... 12
Budget for Fiscal Year 2022-23 ................................................................................... 12
Method of Assessment Apportionment ......................................................... 14
Method of Apportionment ......................................................................................... 14
Discussion of Benefit .................................................................................................. 14
Special Benefit ............................................................................................................ 16
General Versus Special Benefit .................................................................................. 18
Benefit Finding ........................................................................................................... 20
Method of Apportionment ......................................................................................... 22
Residential Properties ................................................................................................ 23
Vacant/Undeveloped Properties ................................................................................ 23
Other Property Types ................................................................................................. 24
Annual Assessment Calculation.................................................................................. 24
Duration of Assessment ............................................................................................. 25
Appeals of Assessments Levied to Property .............................................................. 25
Assessment Funds Must Be Expended Within the District Area ................................ 25
Assessment ................................................................................................... 26
Assessment Diagram ..................................................................................... 29
Assessment Roll ............................................................................................ 30
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CITY OF DIAMOND BAR PAGE v
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
List of Tables
Table 1: FY 2022-23 Estimate of Costs .............................................................................. 12
Table 2: Assessment Rate Determination ......................................................................... 13
Table 3: FY 2022-23 Summary Cost Estimate ................................................................... 26
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CITY OF DIAMOND BAR PAGE 6
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains turf areas, 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. 41 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 $280.00
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. 41 with a new District No. 41-2021 that would
adhere to the existing boundary and include the same improvements and services. If
approved, the existing District No. 41 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”).
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CITY OF DIAMOND BAR PAGE 7
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2021, and
were intended to replace the original District No. 41 which was established in 1985. In
each subsequent year for which the assessments will be continued, the Diamond Bar City
Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and
proposed assessments for the upcoming fiscal year. After the report is completed, the
City Council may preliminarily approve the Engineer’s Report and the continued
assessments and establish the date for a public hearing on the continuation of the
assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant
to the direction of the City Council.
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.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for May 17, 2022. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
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.
Legislative Analysis
P roposition 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.
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CITY OF DIAMOND BAR PAGE 8
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 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
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 Property (2009) 174 Cal. App. 4th 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.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 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.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 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.
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CITY OF DIAMOND BAR PAGE 9
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 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.
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 PAGE 10
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Plans & Specifications
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. 41-2021, (“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, lighting, fencing, 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 PAGE 11
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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.
5.5.b
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CITY OF DIAMOND BAR PAGE 12
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Fiscal Year 2022 -22 Estimate of Cost and Budget
Budget for Fiscal Year 2022 -2 3
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 27,765$
Operating Expenses
Advertising 6,000
Utilities 90,400
Maintenance of Grounds/Buildings 18,000
Professional Services 6,000
Contract Services
Landscape Maintenance 59,100
Tree Maintenance 20,500
Weed/Pest Abatement 58,000
Estimated Expenditures 285,765$
Contingencies/Reserves 6.54%18,692
Total Budget 304,457$
Revenue Item Amount
Direct Benefit Assessments 293,471$
Carryover from Prior Year $0
General Fund Contribution 3.84%10,986
Estimated Revenues 1 304,457$
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
1. 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 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 13
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 as defined later in this Report.
Table 2: Assessment Rate Determination
Single-Family Equivalents Parcels SFE factor SFEs
Single Family Parcels 410 100%410.00
Condominium Parcels 144 92%132.48
Total 554 542.48
Budget Allocation to Parcels
Total Amount Assessed 293,471$
Total SFEs 542.48
Assessment per SFE 2 540.98$
Single-Family Assessment 540.98$
Condominium Assessment 497.71$
2. 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 14
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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.
Discussion 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."
5.5.b
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CITY OF DIAMOND BAR PAGE 15
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 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 and commercial 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 16
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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.
Special Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to Improved Landscaped Areas 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.
Improved 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 17
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Extension 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.
Safety 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.
Creation of Individual L ots for R esidential 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 18
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Summary 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.
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus 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
5.5.b
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CITY OF DIAMOND BAR PAGE 19
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 from the Improvements and other properties and the public at large
do 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 20
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Benefit Finding
Q uantification 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.
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of 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 23 parcels outside the District that are directly adjacent to areas
where slopes are maintained 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.
23 Parcels Outside District
554 Parcels In the District
40%Benefit Factor
23
23 +554
Assumptions:
Calculation:
General Benefit to Property Ouside the District
x 40%=1.59%
5.5.b
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CITY OF DIAMOND BAR PAGE 21
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Benefit to Property Inside the Assessment Districts 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.
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. The
District boundaries are narrowly drawn to include only the residential areas within the
neighborhood, and there are no regional facilities within the District. Therefore, the
indirect and derivative general benefits to property within the District are zero.
Benefit 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. It should be noted
that these Improvements do not attract the public at large in the same was as park
improvements, and they confer far less benefit to the public at large than do similar park
improvements. In essence, the public does not visit an area to enjoy slope improvements
in the same way as they may visit a park.
However, certain slopes maintained by the District may provide some enhancement to
views enjoyed by the public as they drive past. Approximately 25% of the slopes and
linear green areas maintained by the District lie along arterial roadways that carry a high
percentage of traffic not associated with people who are not residents or property owners
within the District. While there are not statistics available as to what percentage of pass-
by vehicle trips are by non-residents or non-property owners, a liberal factor of 90% is
assumed. Finally, of all the types of benefits conferred by the Improvements, passersby
only benefit from views, which are estimated at 10% of the total benefits. Therefore, we
find that ((90% of 25%) x 10% =) 2.25% of the benefits from the Improvements are general
benefits to the public at large.
5.5.b
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CITY OF DIAMOND BAR PAGE 22
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 3.84%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
1.59%
0.00%
2.25%
3.84%
Method of Apportionment
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 designated a 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 23
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit
are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and
zero-lot line houses are included in this category of single-family residential property. If
there is more than one single family detached dwelling on a parcel, it will be charged one
SFE per single family detached dwelling.
Another residential property type in the District is the condominium. These properties
benefit from the Improvements in proportion to the average number of people who
reside in multi-family residential units versus the average number of people who reside
in a single-family home (Population Density Factor, or PDF). Using the total population of
each property type in the City from recent Census data and dividing it by the total number
of such households reveals that approximately 3.42 persons occupy each single-family
residence, whereas an average of 2.48 persons occupy each condominium. The ratio of
2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for
condominiums.
The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other
benefit categories are applicable to condominiums in full measure. The calculation of the
overall SFE factors are summarized below.
Benefit Category
PDF SFE Factor PDF SFE Factor
Proximity & Access 10%100%10.0%73%7.3%
Views 10%100%10.0%73%7.3%
Outdoor Area Extension 10%100%10.0%73%7.3%
Safety & Security 10%100%10.0%100%10.0%
Creation of Lots 60%100%60.0%100%60.0%
TOTAL Benefit 100%100%92%
SFR CondoWeight
There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments)
in the District, and none are foreseen in the near future. Therefore, no SFR-based
assessment rate is calculated.
Vacant/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.
5.5.b
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CITY OF DIAMOND BAR PAGE 24
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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.
Other Property Types
Notwithstanding the foregoing discussion, there are two other types of property uses to
be considered: Water utility and open space. These are discussed below.
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.
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 the predominately
residential land use is not expected in the future. As a result, there is no analysis of type,
size and population densities for other uses such as commercial, industrial and
institutional properties.
A nnual Assessment Calculation
The assessment shall be subject to an adjustment up to a cap of 3% annually, which
adjustment shall be based upon actual costs, including any reasonable reserves,
supported by an Engineer’s Report prepared in accordance with Article XIIID of the
California Constitution. If the Engineer’s Report does not support an increase or supports
a reduction in the assessment, then the assessment shall not be increased or shall be
lowered as applicable.
5.5.b
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CITY OF DIAMOND BAR PAGE 25
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments
be continued every year after their formation or annexation, 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 to Property
Any property owner who feels 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 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.
Assessment 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 26
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Assessment
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 3: FY 2022-23 Summary Cost Estimate
Salaries & Benefits 27,765$
Operating Expenses & Services 258,000
Capital Expenses/Reserves 18,692
Total for Services 304,457$
Less General Fund Contribution (10,986)
Net Amount to Assessments 293,471$
Fund and Budget Summary Fiscal Year 2022-23
LANDSCAPING ASSESSMENT DISTRICT NO. 41
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.
5.5.b
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CITY OF DIAMOND BAR PAGE 27
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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.
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: April 26, 2022
Engineer of Work
By
Jerry Bradshaw, License No. C48845
5.5.b
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CITY OF DIAMOND BAR PAGE 28
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
5.5.b
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CITY OF DIAMOND BAR PAGE 29
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 41-2021 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.
5.5.b
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CITY OF DIAMOND BAR PAGE 30
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
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 #: 5.6
Meeting Date: May 3, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AWARD OF CONSTRUCTION AGREEMENT TO COPP
CONTRACTING, INC. FOR THE AREA 1 RESIDENTIAL &
COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET
REHABILITATION (GOLDEN SPRINGS DRIVE FROM BREA CANYON
ROAD TO LEMON AVENUE) PROJECT NOS. SI22102 & SI22100.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Establish a Project Payment Account containing sufficient funds from the current
fiscal year budget to pay for the Project; and
B. Approve, and authorize the Mayor to sign, a Construction Agreement with Copp
Contracting, Inc. in the amount of $2,567,790 approving the Base Bid Schedules
A & B, plus a contingency amount of $256,779, for Contract Change Orders to be
approved by the City Manager, for a total authorization amount of $2,824,569.
FINANCIAL IMPACT:
Sufficient funds are included in the FY 2021-2022 Capital Improvement Program for the
Project, including contingencies, as follows:
Base Bids Construction
Budget
Encumbrance/
Expenses Balance
Residential & Collector Streets
Rehabilitation (Area 1) Project No.
SI22102 – (Base Bid A)
Measure M $1,000,000 $1,000,000
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Measure R $900,000 $1,900,000
Gas Tax $64,000 $1,964,000
Hauler Fee $136,000 $2,100,000
Arterial Streets Rehabilitation
(Golden Springs Drive From Brea
Canyon Road To Lemon Avenue)
Project No. SI22100 – (Base Bid B)
RMRA $400,000 $2,500,000
Prop C $500,000 $3,000,000
Construction Base Bid + Additive
Alternate $2,567,790 $432,210
Contingency (10%) $256,779 $175,431
Balance $175,431
The contingency amount of $256,779 for Copp Contracting, Inc. will only be used in the
event of unforeseen circumstances that will warrant a contract change order.
BACKGROUND/DISCUSSION:
On August 20, 2019, the City Council approved a Consulting Services Agreement with
RKA Consulting Group, Inc. (RKA) to design the Residential & Collector Streets
Rehabilitation (Areas 1 and 2), Arterial Streets Rehabilitation (1. Diamond Bar
Boulevard from Pathfinder Road to Mountain Laurel Way, 2. Golden Springs Drive from
Brea Canyon Road to Lemon Avenue, and 3. Golden Springs Drive from Grand Avenue
to Brea Canyon Road), and Area 1 ADA Curb Ramp Projects. The construction of the
first component of the Arterial Street Rehabilitation, Diamond Bar Boulevard from
Pathfinder Road to Mountain Laurel Way project was completed in August 2021. The
Residential & Collector Streets Rehabilitation (Area 1) and the second component of the
Arterial Streets Rehabilitation (Golden Springs Drive from Brea Canyon Road to Lemon
Avenue) Project (Project) is programmed/scheduled to begin construction in this current
fiscal year. The third component of the Arterial Streets Rehabilitation, Golden Springs
Drive from Grand Avenue to Brea Canyon Road, is programmed for construction in FY
2022-2023.
This Project will improve approximately 19 centerline miles of residential and collector
streets with slurry seal, chip seal, localized asphalt concrete (AC) digouts, and curb
ramp improvements as determined by field conditions in Area 1. The Project will also
rehabilitate Golden Springs Drive from Brea Canyon Road to Lemon Avenue with AC
grind and overlay, enhanced bike lanes, signing and striping, and Americans with
Disability Act (ADA) curb ramp improvements. This 0.6-mile stretch of roadway is
recommended for rehabilitation by the current Pavement Management System Report.
The construction limits are shown on the attached Vicinity Map (Attachment 1).
Lane closures and construction along Golden Springs Drive will be permitted between
8:30 AM and 4:30 PM. Public Works construction is normally permitted to begin at 7:30
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AM. However, this stretch of Golden Springs Dr experiences a high volume of traffic
during AM peak hours. Delaying construction until 8:30 AM will avoid impacting the AM
peak traffic while allowing construction crews to work a full day and complete the
Project in a timely manner. Additionally, construction and lane closures will not be
permitted to begin until after local schools are on summer break to avoid/minimize
impacts on students and school staff.
The Project was advertised for bids on March 22, 2022, with a bid opening date of April
5, 2022. The Project was formatted into two bid schedules:
Base Bid A: Residential & Collector Street Rehabilitation (Area 1 – CIP# SI22102).
Base Bid B: Arterial Street Rehabilitation (Golden Spring Dr. from Brea Canyon Rd. to
Lemon Ave. – CIP# SI22100).
Five (5) bid proposals were received. Copp Contracting, Inc. was the lowest responsible
bidder with a Base Bid (A plus B) in the amount of $2,567,790.
The results for the bids are shown below:
Company Base Bid
1. Copp Contracting, Inc. $2,567,790
2. Hardy & Harper, Inc. $2,660,000
3. R.J. Noble Company $2,680,735
4. Onyx Paving Company, Inc. $2,837,000
5. All American Asphalt $3,029,098
Staff has verified that Copp Contracting, Inc. holds a valid contractor license and
maintains a reputable experience with similar projects. The tentative schedule of the
Project is as follows:
Award Construction Contract May 2022
Start Construction May 2022 (after the current school year ends)
Completion of Construction August 2022 (prior to the start of the next school year)
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.6.a Vicinity Maps
2. 5.6.b Area 1/Golden Springs Street Rehab Construction Agreement - Copp
Contracting
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PUBLIC WORKS AGREEMENT
STREET IMPROVEMENTS
The following agreement ("Agreement") is made and entered into, in duplicate, as
of the date executed by the Mayor and attested to by the City Clerk, by and between Copp
Contracting, Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar,
California, hereinafter referred to as "City."
WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly
opened, and declared on the date specified in the notice; and
WHEREAS, City accepted the bid of Contractor; and
WHEREAS, City has authorized the Mayor to execute a written contract with
Contractor for furnishing labor, equipment and material for the Residential & Collector
Streets Rehabilitation (Area 1) and Arterial Street Improvements (Golden Springs
Road from Brea Canyon Road to Lemon Avenue) Project (No. SI22102 & SI22100)
in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
it is agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor,
tools, materials, appliances, and equipment for and do the work for the Residential &
Collector Streets Rehabilitation (Area 1) and Arterial Street Improvements (Golden
Springs Road from Brea Canyon Road to Lemon Avenue) Project (No. SI22102 &
SI22100) in the City of Diamond Bar. The work to be performed shall be in accordance
with the plans and specifications, dated March 2022 (The Plans and Specifications) on
file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned
and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY/PRIORITY OF DOCUMENTS: The Plans and Specifications are
incorporated herein by reference and made a part hereof with like force and effect as if
set forth in full herein. The Plans and Specifications, Contractor's Bid dated April 5, 2022,
together with this Agreement (collectively, the “Contract Documents”), shall constitute the
entire agreement between the parties. The Contract Documents are intended to require
a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be
performed by the Contractor whether set out specifically in the contract or not. Should it
be ascertained that any inconsistency exists between the Contract Documents, the
following order of precedence shall apply: (1) This Agreement; (2) The Plans and
Specifications; and (3) Contractor’s Bid.
3. COMPENSATION: Contractor agrees to receive and accept the prices set
forth in its Bid Proposal as full compensation for furnishing all materials, performing all
work, and fulfilling all obligations hereunder. Said compensation in the amount of Two
Million, Five Hundred Sixty Seven Thousand, Seven Hundred Ninety Dollars ($2,567,790)
shall cover all expenses, losses, damages, and consequences arising out of the nature
of the work during its progress or prior to its acceptance including those for well and
faithfully completing the work and the whole thereof in the manner and time specified in
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the aforesaid contract documents; and also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
work, suspension or discontinuance of the work, and all other unknowns or risks of any
description connected with the work. Final payment to Contractor shall be withheld for at
least 30 days after the time in which Contractor has verified, to the City’s satisfaction, that
it has submitted all information to the Department of Industrial Relations required by Labor
Code § 1773.3.
4. TERM OF AGREEMENT/LIQUIDATED DAMAGES: Contractor agrees to
complete the work within Sixty (60) working days from the date of the notice to proceed.
Contractor agrees further to the assessment of liquidated damages in the amount
of Seven Hundred Fifty ($750) dollars for each calendar day the work remains
incomplete beyond the expiration of the completion date. City may deduct the amount
thereof from any monies due or that may become due the Contractor under this
Agreement. Progress payments made after the scheduled date of completion shall not
constitute a waiver of liquidated damages.
5. INSURANCE: Contractor shall not commence work under this Agreement
until it has obtained all insurance required hereunder in a company or companies
acceptable to City nor shall the Contractor allow any sub-contractor to commence work
on his sub-contract until all insurance required of the sub-contractor has been obtained.
The Contractor shall take out and maintain at all times during the life of this Agreement
the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
Contractor shall furnish to the City a certificate of insurance as proof
that he has taken out full workers' compensation insurance for all
persons whom he may employ directly or through sub-contractors in
carrying out the work specified herein, in accordance with the laws
of the State of California. Such insurance shall be maintained in full
force and effect during the period covered by this contract.
In accordance with the provisions of § 3700 of the California Labor
Code, every Contractor shall secure the payment of compensation
to his employees. The Contractor, prior to commencing work, shall
sign and file with the City a certification as follows:
"I am aware of the provisions of § 3700 of the Labor Code which
requires every employer to be insured against liability for
workers' compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of
work of this contract."
b. For all operations of the Contractor or any sub-contractor in
performing the work provided for herein, insurance with the following
minimum limits and coverage:
1) General Liability - $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability insurance or other form with a general aggregate limit
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shall apply separately to this Agreement or the general
aggregate limit shall be twice the required occurrence limit.
2) Automobile - $1,000,000 per accident for bodily injury and
property damage.
3) Employer’s Liability - $1,000,000 per accident for bodily injury
or disease.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by
City, which is authorized to do business in the State of
California;
2) Name as additional insured the City of Diamond Bar, its
officers, agents and employees, and any other parties
specified in the City’s bid documents or the Contract
Documents to be so included;
3) Specify it acts as primary insurance and that no insurance
held or owned by the designated additional insured shall be
called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not
be canceled nor the amount of the coverage thereof reduced
until thirty (30) days after receipt by City of a written notice of
such cancellation or reduction of coverage"; and
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain
an endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as
additional insured in the policy of insurance provided for in
paragraph b. by reason of any claim arising out of or
connected with the operations of Contractor or any sub-
contractor in performing the work provided for herein; and
2) Names the City, its officers, agents and employees, and any
other parties specified in the Contract Documents as
additional insureds.
e. The Contractor shall, prior to performing any work under this
Agreement, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or
deliver to the City Manager or his designee a certificate of the
insurance company, showing the issuance of such insurance, and
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the additional insured endorsement and other provisions required
herein.
f. Self Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-
insured retention (“SIR”) and/or deductible of the policy in lieu of the
Owner (as the named insured) should Contractor fail to pay the SIR
or deductible requirements. The amount of the SIR or deductible
shall be subject to the approval of the City Attorney and the Finance
Director. Contractor understands and agrees that satisfaction of this
requirement is an express condition precedent to the effectiveness
of this Agreement. Failure by Contractor as primary insured to pay
its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on Contractor’s behalf upon
the Contractor’s failure or refusal to do so in order to secure defense
and indemnification as an additional insured under the policy, City
may include such amounts as damages in any action against
Contractor for breach of this Agreement in addition to any other
damages incurred by City due to the breach.
6. PREVAILING WAGE:
Notice is hereby given that in accordance with the provisions of California Labor
Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not
less than the general prevailing rate of per diem wages for work of a similar character in
the locality in which the public works is performed, and not less than the general prevailing
rate of per diem wages for holiday and overtime work. In that regard, the Director of the
Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such prevailing
rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond
Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested
party on request. City also shall cause a copy of such determinations to be posted at the
job site.
Contractor shall forfeit, as penalty to City, not more than two hundred dollars
($200.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under this Agreement,
by him or by any sub-contractor under him.
Contractor and any of its sub-contractors must be registered with the Department
of Industrial Relations pursuant to Labor Code § 1725.5, which precludes the award of a
contract for a public work on any public works project awarded after April 1, 2015 to a
person not registered. This Agreement is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of
§ 1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the
performance of the work.
Contractor is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or
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journeymen in any apprenticeship trade on such contracts and if other Contractors on the
public works site are making such contributions.
Contractor and sub-contractor under him shall comply with the requirements of §§
1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex-officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal
day's work for all workmen employed in the execution of this Agreement, and the
Contractor and any sub-contractor under him shall comply with and be governed by the
laws of the State of California having to do with working hours set forth in Division 2, Part
7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman or mechanic employed in the execution of the contract, by him or any
sub-contractor under him, upon any of the work hereinbefore mentioned, for each
calendar day during which the laborer, workman or mechanic is required or permitted to
labor more than eight (8) hours in violation of the Labor Code.
9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and
subsistence pay to each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Labor Code § 1773.8.
10. CONTRACTOR'S LIABILITY: The City and its officers, agents and
employees ("Indemnitees") shall not be answerable or accountable in any manner for any
loss or damage that may happen to the work or any part thereof, or for any of the materials
or other things used or employed in performing the work; or for injury or damage to any
person or persons, either workers or employees of Contractor, its sub-contractors or the
public, or for damage to adjoining or other property from any cause whatsoever arising
out of or in connection with the performance of the work. Contractor shall be responsible
for any damage or injury to any person or property resulting from defects or obstructions
or from any cause whatsoever.
Contractor will indemnify Indemnities against and will hold and save Indemnitees
harmless from any and all actions, claims, damages to persons or property, penalties,
obligations or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision, or other organization arising out of or in connection with
the work, operation, or activities of Contractor, its agents, employees, sub-contractors or
invitees provided for herein, whether or not there is concurrent passive negligence on the
part of City. In connection therewith:
a. Contractor will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and will
pay all costs and expenses, including attorneys' fees, expert fees
and costs incurred in connection therewith.
b. Contractor will promptly pay any judgment rendered against
Contractor or Indemnitees covering such claims, damages,
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penalties, obligations and liabilities arising out of or in connection
with such work, operations or activities of Contractor hereunder, and
Contractor agrees to save and hold the Indemnitees harmless
therefrom.
c. In the event Indemnitees are made a party to any action or
proceeding filed or prosecuted against Contractor for damages or
other claims arising out of or in connection with the work, operation
or activities hereunder, Contractor agrees to pay to Indemnitees any
all costs and expenses incurred by Indemnitees in such action or
proceeding together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
Indemnitee. However, without affecting the rights of City under any provision of this
Agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City’s active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
So much of the money due to Contractor under and by virtue of this Agreement as
shall be considered necessary by City may be retained by City until disposition has been
made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended
to be as broad and inclusive as is permitted by the law of the State of California. This
indemnity provision shall survive the termination of the Agreement and is in addition to
any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any
insurance coverage which may have been required under this Agreement or any
additional insured endorsements which may extend to Indemnitees.
Contractor, on behalf of itself and all parties claiming under or through it, hereby
waives all rights of subrogation and contribution against the Indemnitees, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to activities or operations performed by or on behalf of the Contractor regardless
of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
11. RESERVED
12. NON-DISCRIMINATION: Pursuant to Labor Code § 1735, no
discrimination shall be made in the employment of persons in the work contemplated by
this Agreement because of the race, color, sex. mental disability, physical disability,
religion or other reason set forth in Government Code § 12940 of such person. Contractor
agrees to post in conspicuous places available to employees and applications, a notice
setting forth provisions of this non-discrimination clause. of such person. A violation of
this section exposes the Contractor to the penalties provided for in Labor Code § 1735.
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13. PAYMENT FUND: A City Council resolution established a Project Payment
Account, encumbered money in the current budget, and assigned that money to the
Project Payment Account, which is the sole source of funds available for payment of the
contract sum set forth in Section 3 of this Agreement. Contractor understands and agrees
that Contractor will be paid only from this special fund and if for any reason this fund is
not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability
of money in this fund, and City's ability to draw from this fund, are conditions precedent
to City's obligation to make payments to Contractor.
14. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public
Contract Code § 9204 shall be submitted in accordance with § 9204 and shall contain a
sufficient description of the claim, the basis therefore and documentation in support of the
claim. The claim shall be processed as more fully set forth in the Plans and
Specifications.
15. TERMINATION: This Agreement may be terminated by the City, for any
reason, upon the giving of a written "Notice of Termination" to Contractor at least thirty
(30) days prior to the date of termination specified in the notice. Upon receipt of such
notice, Contractor shall immediately cease work, unless otherwise directed by the Notice
of Termination. In the event of such termination, Contractor shall be paid for services
satisfactorily rendered and expenses reasonably and necessarily incurred prior to the
effective date of termination, unless the Notice of Termination is issued for cause, in which
event the City may withhold any disputed compensation. Contractor shall not be entitled
to any claim for lost profits.
Notwithstanding any other provision of this Agreement, any failure to comply with
this paragraph by the Contractor shall permit the LCA or the CDC to recover as damages
against the Contractor any loss, expense or cost (including without limitation attorney’s
fees) incurred by the LCA or the CDC resulting from any such failure (including without
limitation any impairment or loss of funding, whether in whole or in part, from the CDC is
a third-party beneficiary and neither this paragraph (nor any other provision of this
Agreement necessary to give this paragraph force or effect) shall be amended or waived
without the prior written consent of the CDC.
State of California
Contractor’s License No. 384209
Contractor’s Business Phone:714 522-7754
Contractor’s emergency phone which can be reached at any time: 714 522-7754
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April 20, 2022
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*NOTE: If Contractor is a corporation, the City requires the following
signature(s):
-- The Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one
corporate officer holds more than one corporate office, please so indicate.
OR
-- The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided
to the City.
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Agenda #: 6.1
Meeting Date: May 3, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PUBLIC HEARING TO RECEIVE PUBLIC INPUT REGARDING THE
ADOPTION OF A DISTRICT MAP AND SEQUENCE OF ELECTIONS
AND APPROVE FOR SECOND READING AND ADOPTION BY TITLE
ONLY, WAIVING FULL READING, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING
SECTION 2.04.060 (QUALIFICATIONS OF THE MEMBERS OF THE
CITY COUNCIL) TO CHAPTER 2.04 (CITY COUNCIL) OF ARTICLE 2
(ADMINISTRATION AND PERSONNEL) OF THE DIAMOND BAR CITY
CODE IMPLEMENTING BY-DISTRICT ELECTIONS OF FIVE COUNCIL
MEMBERS AND A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING THE CITY OF
DIAMOND BAR DISTRICT MAP AND SEQUENCE OF ELECTIONS
AFTER TRANSITIONING FROM AT-LARGE TO BY-DISTRICT
ELECTIONS
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
It is recommended that the City Council receive a report on the districting process,
conduct a public hearing to receive public input regarding adoption of a district map and
the sequence of district elections. Following input received during the public hearing, it
is further recommended that the City Council take the following actions in the following
sequence:
A. Approve for second reading by title only, waive full reading, and adopt Ordinance
No. 01 (2022).
B. Adopt Resolution No. 2022-22 approving a District Map and the sequence of
elections.
FINANCIAL IMPACT:
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Significant staff time has been required to transition to district-based elections and to
administer the process including the need for public hearings and demographer contract
services. Future redistricting will require similar services when census data is updated
every ten years. 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 CVRA, and requires
the 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
6.1
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preferred by voters in a protected class and candidates preferred by voters in the
remainder of the voting population. If the plaintiff prevails in litigation, the CVRA allows
for the recovery of significant attorneys’ fees and expert witness fees. On the other
hand, even if the city that is sued prevails in the lawsuit, it cannot recover either
attorneys’ fees or costs.
In addition, the CVRA provides that if a court finds that a violation of the CVRA has
occurred, the court shall implement appropriate remedies, including the imposition of
district-based elections, that are tailored to remedy the violation. The remedy can
include the imposition of district maps for the City.
The CVRA “Safe Harbor”
On September 28, 2016, the Governor signed into law AB 350, which enacted Elections
Code section 10010. That legislation established a “safe harbor” from CVRA litigation
for cities. Once a city receives a demand letter, it has a period of protection from
litigation to assess its situation, and then to proceed with the transition to district-based
elections.
In Diamond Bar’s case, the initial CVRA safe harbor period of protection ran until
February 27, 2022. But because the City Council adopted Resolution 2022-10 stating
its intention to transition to district-based elections on February 17, 2022, then a CVRA
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 or implementing 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 or
resolution.
The City held the first two public hearings on March 1, 2022 and March 15, 2022.
Additionally, online information meetings were held on March 9, 2022, and March 23,
2022. At these public hearings and information meetings, staff and the City’s
consultants informed the public about the districting process and heard from the
community on what factors should be taken into consideration while creating district
boundaries. The public was requested to provide input regarding communities of
interest and other local factors that should be considered while drafting district maps.
6.1
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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:
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.
6.1
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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.
Preliminary City Council Votes
After receiving community input during the second public hearing held March 15, 2022,
the City Council agreed to proceed with five council districts. At the third public hearing
on April 5, 2022, after receiving community input, the City Council requested additional
time to review the maps that have been submitted. As of April 5, 2022, the City had
received four communities of interest maps and twenty-six public maps, which in
addition to the three maps prepared by the City’s consultant, totaled thirty-three maps.
The City Council gave further direction to bring back an ordinance to transition to by-
district elections with a stipulation that the District Map and sequence of elections be
established by resolution of the City Council.
Community Engagement
To encourage public participation, this meeting has been publicly noticed and public
education and engagement materials have been posted on the City website and social
media channels. 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
Residents can review information about the districting process and can be informed
about future workshops and public hearings.
The City has also hosted two virtual public workshops (March 9 and 23) and two in -
person public workshops (April 9 and 16) to solicit further public testimony.
Draft Maps
Draft maps A through C, which were prepared by the City’s consultant, were posted on
the city’s Districting webpage since March 29, 2022, along with a demographic profile of
each map and determination of whether or not a proposed map results in balanced
populations among the districts. These draft maps take into account public input
received in public hearings and community meetings. At the April 5, 2022 meeting, the
City Council chose not to take action on draft maps A through C, directing staff to bring
back all maps for further discussion at a future meeting.
6.1
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In preparation for the April 19, 2022 City Council meeting, each Council Member was
asked to review draft maps A through C and all publicly-submitted maps received as of
April 13, 2022 and provide their individual preferences for further deliberation during the
public hearing. Public maps 123322 and 124279 were identified by individual Council
Members as preferred maps for further discussion.
At the time of the April 19, 2022, public hearing, over forty maps had been received.
Testimony from members of the public voiced support for Public Map 124279.
Following Council discussion after the public hearing at the April 19, 2022 meeting, the
City Council directed staff to prepare Public Map 124279 for consideration and
adoption by resolution at the May 3, 2022 meeting. The map selected by the City
Council was posted on the city’s Districting webpage on April 20, 2022, along with a
demographic profile.
District Election Sequencing
In addition to selecting a map to transition to district elections, the resolution
establishing the new district map must identify the election sequencing of each district.
At the April 19, 2022 meeting, the City Council directed staff to prepare a resolution
identifying Districts 1, 3, and 4 of Public Map 124279 for election in 2022 and Districts 2
and 5 for election in 2024. This sequence is compliant pursuant to Elections Code
10010(a)(2), and Government Code sections 34906 and 34873 (the term of office of any
council member elected shall not be affected by the ordinance transitioning to districts).
Next Steps
The dates for the remaining public hearings are as follows:
• Public Hearing # 5: Tuesday, May 3: 6:30 p.m.
Public Hearing #5 will be held in-person/open to the public, at the Windmill Community
Room, and will continue to be accessible virtually via GotoWebinar.
Please check the City’s Districting webpage at:
https://www.diamondbarca.gov/1070/City-Council-Districting to stay informed of any
scheduling changes or other additional information.
LEGAL REVIEW:
City Attorney has reviewed and approved this report, ordinance and resolution as to
form.
PREPARED BY:
6.1
Packet Pg. 180
REVIEWED BY:
Attachments:
1. 6.1.a Ordinance No. 01 (2022)
2. 6.1.b Resolution No. 2022-22 DISTRICTS MAP AND SEQUENCING OF
ELECTIONS
3. 6.1.c Exhibit A - City of Diamond Bar Final Map (ID 124279)
6.1
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ORDINANCE NO. 01 (2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADDING SECTION 2.04.060 (QUALIFICATIONS OF
THE MEMBERS OF THE CITY COUNCIL) TO CHAPTER 2.04 (CITY
COUNCIL) OF ARTICLE 2 (ADMINISTRATION AND PERSONNEL) OF
THE DIAMOND BAR CITY CODE IMPLEMENTING BY-DISTRICT
ELECTIONS OF FIVE CITY COUNCIL MEMBERS.
City Attorney Summary
This Ordinance adds Section 2.04.060 to Chapter 2.04 of Article 2 of
the Diamond Bar City Code to establish “by-district” elections of
council members from five electoral districts. The Ordinance
requires that the five members of the City Council be elected by the
voters of each of the five districts. The Ordinance further establishes
that the boundary lines for each of the five districts and the sequence
of elections shall be established by resolution of the City Council
such that three districts will be elected at the regular municipal
election to be held in November 2022 and two districts will be elected
at the regular municipal election to be held in November 2024.
WHEREAS, members of the City Council of the City of Diamond Bar are currently
elected in at-large elections, in which each of the five Councilmembers is elected by
voters of the entire City, and the City Council elects one council member to serve as
Mayor each year; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to shift from its current at-large election system to a by-district election system where
the five Councilmembers reside within a designated district boundary and is elected only
by the voters in that district; and
WHEREAS, notwithstanding the determination to transition to a district-based
election system, the City Council finds that the City is best served by Councilmembers
who govern in the best interests of the entire community and not just the specific district
from which the Councilmember is elected; and
WHEREAS, on February 17, 2022, the City Council adopted Resolution No. 2022-
10 declaring the City’s intention to transition from at-large to district-based elections
pursuant to California Elections Code Section 10010(e)(3)(A); and
WHEREAS, the City retained an expert demographer to assist the City with the
process of analyzing the City’s population, developing draft district maps consistent with
the California Voting Rights Act and the Federal Voting Rights Act, implement a
community participation plan to gather public input from residents and to facilitate the
development of preliminary district map proposals; and
6.1.a
Packet Pg. 182
Ordinance No. 01 (2022)
2
WHEREAS, the City will complete the districting process on or before May 18,
2022; and
WHEREAS, in accordance with California Government Code Section 34886, the
City Council hereby declares that the change in the method of electing members of the
City Council of the City of Diamond Bar made by this Ordinance is in furtherance of the
purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with
Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of
Section 7 of Article I and Section 2 of Article II of the California Constitution.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
SECTION 1. Section 2.04.060 is hereby added to Chapter 2.04 (City Council) of
Article 2 (Administration and Personnel) of the Diamond Bar City Code to read as follows:
2.04.060– Qualifications of the Members of the City Council
a. Members of the City Council, generally.
Beginning with the November 2022 general municipal election, the City Council
shall consist of five members elected by-districts.
b. By-District Qualifications.
Beginning with the November 2022 general municipal election, a person
elected as a member of the City Council shall be a resident of his or her
respective Council District created under subdivision (c), as may be
subsequently reapportioned as provided by applicable law and shall be
nominated and elected only by the voters of his or her respective Council
District. A person is not eligible to hold office as Council Member unless he or
she is at the time of seeking nomination or appointment to office an elector of
the City, residing in the District from which he or she is elected or appointed.
If, during his or her term of office he or she moves his or her place of residence
outside of the District boundaries or ceases to be an elector of the City, his or
her office shall immediately become vacant. However, no Council Member
shall be deemed to have moved outside of his or her District as a result of
District boundary changes which may occur during his or her term of office, and
such Council Member shall continue to serve until his or her term is complete
or the office otherwise becomes vacant.
c. Council Districts.
1. BOUNDARIES.
6.1.a
Packet Pg. 183
Ordinance No. 01 (2022)
3
Descriptions of the boundaries for each of the five Districts and their
numbering or designations shall be established by resolution of the City
Council along with a map entitled “City of Diamond Bar District Map,” a copy
of which shall be on file in the City Clerk’s office.
2. TRANSITION.
(a) Nothing herein shall affect the terms of office of the five members of
the City Council in office at the time the ordinance codifying this
section establishing district elections takes effect, who shall continue
in office until their respective terms expire and until their successors
are elected and qualified. Recall proceedings, if any, of such City
Council members serving the remainder of an at-large elected term
and an election of a successor to such City Council member to
complete that term, shall be conducted at-large in accordance with
applicable law.
(b) Council members shall be elected in three Council Districts
designated by resolution of the City Council pursuant to subdivision
(c)(1) above at the general municipal election in November 2022 and
at the general municipal election every four years thereafter.
(c) Council members shall be elected in the remaining two Council
Districts at the general municipal election in November 2024 and at
the general municipal election every four years thereafter.
3. FUTURE REDISTRICTING.
(a) Future adjustments to the boundaries of the Districts established
herein shall be made by resolution of the City Council in accordance
with federal and state law applicable to general law cities, including,
but not limited to, the provision of California Elections Code §§ 21600
et seq. requiring the adjustments of the boundaries of any or all of
the Districts following each decennial federal census.
(b) Pursuant to Elections Code § 21606, the term of office of any Council
Member who has been elected and whose term of office has not
expired shall not be affected by any change in the boundaries of the
District from which he or she was elected, whether or not that Council
Member is a resident within the boundaries of the District as
adjusted. At the first election for Council following adjustment of the
boundaries of the District, a person meeting the requirements of
Government Code § 34882 shall be elected to the City Council for
each District under the readjusted District plan that has the same
District number as a District whose incumbent’s term on the Council
is due to expire.
6.1.a
Packet Pg. 184
Ordinance No. 01 (2022)
4
4. ANNEXATIONS.
At the time of any annexation of territory to the City, the City Council shall
designate, by resolution adopted by a vote of at least a majority of the City
Council, the contiguous District or Districts to which the annexed territory
shall be a part and shall amend the District boundaries if necessary in
accordance with Elections Code § 21603, as it may be amended from time
to time.
SECTION 2. Effective Date. This Ordinance shall take effect 30 days after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of the Ordinance and cause this Ordinance to be published as required by law.
SECTION 3. Severability. If any section, sub-section, clause or phrase in this
Ordinance or the application thereof to any person or circumstances is for any reason
held invalid, the validity of the remainder of this Ordinance or the application of such
provisions to other persons or circumstances shall not be affected.
PASSED, APPROVED AND ADOPTED, this 3rd day of May, 2022, by the City
Council of the City of Diamond Bar.
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 Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 19th day of April, 2022, and was duly adopted at a regular
meeting of the City Council of the City of Diamond Bar held on the 3rd day of May, 2022,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
6.1.a
Packet Pg. 185
RESOLUTION NO. 2022-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADOPTING THE CITY OF DIAMOND BAR DISTRICT
MAP AND SEQUENCE OF ELECTIONS AFTER TRANSITIONING FROM
AT-LARGE TO BY-DISTRICT ELECTIONS.
WHEREAS, the City Council has determined that it is in the best interest of the
City to shift from its current at-large election system to a by-district election system where
the five Councilmembers reside within a designated district boundary and is elected only
by the voters in that district; and
WHEREAS, notwithstanding the determination to transition to a district-based
election system, the City Council finds that the City is best served by Councilmembers
who govern in the best interests of the entire community and not just the specific district
from which the Councilmember is elected; and
WHEREAS, on February 17, 2022, the City Council adopted Resolution No. 2022-
10 declaring the City’s intention to transition from at-large to district-based elections
pursuant to California Elections Code Section 10010(e)(3)(A); and
WHEREAS, the City retained an expert demographer to assist the City with the
process of analyzing the City’s population, developing draft district maps consistent with
the California Voting Rights Act and the Federal Voting Rights Act, implement a
community participation plan to gather public input from residents and to facilitate the
development of preliminary district map proposals; and
WHEREAS, the City established a dedicated webpage containing notices and
information on the district elections mapping process; City staff provided information to
the public on the district mapping process through the City’s social media accounts, press
releases, posting notices in the City’s regular posting locations, listings on the City’s
events calendar, emails to local community groups and residents, two virtual public
workshops via Zoom on March 9, 2022 and March 23, 2022, two interactive in-person
mapping workshops on April 9, 2022 and April 16, 2022.
WHEREAS, in accordance with California Elections Code Section 10010(a)(1), in
addition to the public workshops, the City Council held five public hearings on March 1,
2022, and March 15, 2022, where the public was invited to provide input regarding the
composition of the City’s voting districts before any draft maps were drawn; and
WHEREAS, in accordance with California Elections Code Section 10010(a)(2), the
City Council held two additional public hearings on April 5, 2022, and April 19, 2022,
where the public was invited to provide input regarding the content of the draft maps and
the proposed sequence of elections; and
6.1.b
Packet Pg. 186
Resolution No. 2022-22
2
WHEREAS, at its April 19, 2022, meeting, the City Council introduced Ordinance
No. 01 (2022) to transition to by-district elections, and selected its preferred district map
along with the preferred sequence of district elections to be adopted at the public hearing
scheduled for May 3, 2022.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Diamond Bar as follows:
Section 1. That the above recitals are true and correct.
Section 2. That the descriptions of the boundaries for each of the five Council
Districts and their numbering are as shown on the attached Exhibit “A” with the map
entitled “City of Diamond Bar District Map,” a copy of which shall be on file in the City
Clerk’s office.
Section 3. That Council Members shall be elected in Council Districts 1, 3, and
4 at the general municipal election in November 2022 and at the general municipal
election every four years thereafter.
Section 4. That Council Members shall be elected in Council Districts 2 and 5
at the general municipal election in November 2024 and at the general municipal election
every four years thereafter.
IT IS FURTHER RESOLVED that this Resolution shall become effective upon the
effective date of Ordinance No. 01 (2022).
PASSED, APPROVED AND ADOPTED this 3rd day of May, 2022.
CITY OF DIAMOND BAR
___________________________
Ruth M. Low, Mayor
[Signatures continued on the following page]
6.1.b
Packet Pg. 187
Resolution No. 2022-22
3
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 3rd day of May, 2022, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Kristina Santana, City Clerk
6.1.b
Packet Pg. 188
Resolution No. 2022-22
4
EXHIBIT A
CITY OF DIAMOND BAR DISTRICT MAP
The City of Diamond Bar District Map is attached, and a copy shall be on file in the City
Clerk’s office.
6.1.b
Packet Pg. 189
City of Diamond BarFinal 2022 Districted Map6.1.c
Packet Pg. 190
City of Diamond Bar
Final 2022 Districted Map
1 2 3 4 5
Population 11,259 11,001 10,743 10,981 11,197
Deviation 223 -35 -293 -55 161
Deviation %2.0%-0.3%-2.7%-0.5%1.5%
Other 2,663 2,163 1,718 1,830 1,576
Other %23.7%19.7%16.0%16.7%14.1%
Latino 3,166 2,596 1,456 1,504 2,125
Latino %28.1%23.6%13.6%13.7%19.0%
Asian 4,819 5,805 7,304 7,363 7,337
Asian %42.8%52.8%68.0%67.1%65.5%
Black 611 437 265 284 159
Black %5.4%4.0%2.5%2.6%1.4%
2020 Census
1 2 3 4 5
Total CVAP 8,279 7,448 6,944 7,615 7,893
Other CVAP 2,834 1,790 1,612 1,335 1,489
Other CVAP %34.2%24.0%23.2%17.5%18.9%
Latino CVAP 1,943 1,686 993 1,157 1,582
Latino CVAP %23.5%22.6%14.3%15.2%20.0%
Asian CVAP 3,042 3,572 4,024 4,802 4,708
Asian CVAP %36.7%48.0%57.9%63.1%59.6%
Black CVAP 460 400 315 321 114
Black CVAP %5.6%5.4%4.5%4.2%1.4%
Citizen Voting Age Population (CVAP)
6.1.c
Packet Pg. 191
City of Diamond Bar
Final 2022 Districted Map
District 1
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
11,259 223 2.0%2,663 23.7%3,166 28.1%4,819 42.8%611 5.4%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
8,279 2,834 34.2%1,943 23.5%3,042 36.7%460 5.6%
6.1.c
Packet Pg. 192
City of Diamond Bar
Final 2022 Districted Map
District 2
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
11,001 -35 -0.3%2,163 19.7%2,596 23.6%5,805 52.8%437 4.0%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
7,448 1,790 24.0%1,686 22.6%3,572 48.0%400 5.4%
6.1.c
Packet Pg. 193
City of Diamond Bar
Final 2022 Districted Map
District 3
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
10,743 -293 -2.7%1,718 16.0%1,456 13.6%7,304 68.0%265 2.5%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
6,944 1,612 23.2%993 14.3%4,024 57.9%315 4.5%
6.1.c
Packet Pg. 194
City of Diamond Bar
Final 2022 Districted Map
District 4
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
10,981 -55 -0.5%1,830 16.7%1,504 13.7%7,363 67.1%284 2.6%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
7,615 1,335 17.5%1,157 15.2%4,802 63.1%321 4.2%
6.1.c
Packet Pg. 195
City of Diamond Bar
Final 2022 Districted Map
District 5
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
11,197 161 1.5%1,576 14.1%2,125 19.0%7,337 65.5%159 1.4%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
7,893 1,489 18.9%1,582 20.0%4,708 59.6%114 1.4%
6.1.c
Packet Pg. 196
Agenda #: 7.1
Meeting Date: May 3, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH TORTI GALLAS +
PARTNERS FOR THE PREPARATION OF THE TOWN CENTER
SPECIFIC PLAN.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Appropriate $920,000 from the General Fund to the General Plan Update Fund 103
to cover the cost to of the services; and
B. Approve and authorize the Mayor to sign the Consultant Services Agreement with
Torti Gallas + Partners to prepare the Town Center Specific Plan.
FINANCIAL IMPACT:
Sufficient funds do not currently exist in the FY 2021/22 budget. It is recommended that
funds be appropriated from the one-time General Fund resources related to American
Rescue Act (ARPA) funds.
Upon appropriation, the total not-to-exceed amount of the Agreement for FY 2021/22
would be a not-to-exceed amount of $920,000, consisting of $860,655 for the
prescribed scope of work, plus a contingency amount of $59,345. Funds would be
expended over the next two fiscal years as work progresses.
BACKGROUND:
General Plan 2040
Early in the General Plan Update process, residents expressed a desire to establish a
downtown, or “Town Center” in Diamond Bar; a walkable “place” with entertainment,
retail, restaurants, community gathering spaces and urban housing opportunities.
Participants in the General Plan Update process cited various examples of thriving
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historic, revitalized and newly created downtowns in nearby communities that they
patronize regularly, including Brea, Chino Hills, Claremont, Fullerton and Monrovia.
Several sites within the City were initially identified and discussed as potential locations
for the Town Center. Ultimately, the 45-acre commercial district along Diamond Bar
Boulevard, between Golden Springs Drive and the SR-60 Freeway would be designated
as the Town Center Mixed-Use Focus Area in the General Plan 2040.
A number of principles were established as part of the General Plan 2040 to further
expand, reinforce and support the community vision. Guiding Principle 3 describes the
Town Center’s role as follows:
Create an inviting Town Center. Foster the development of a vibrant,
pedestrian-oriented Town Center in Diamond Bar that serves as a place for
Diamond Bar’s residents to shop, dine and gather.
The following passage from the General Plan summarizes the community vision for the
Town Center:
Throughout the General Plan update process, residents of Diamond Bar have expressed a
desire for greater access to dining, entertainment, and retail establishments within the city.
More specifically, community input indicated a desire for the concentration of these new
establishments within a walkable area resembling a more traditional downtown. While
Diamond Bar has numerous centers of activity, including the Diamond Bar Center, the City
Hall and Library complex, high schools and various suburban-style commercial centers, the
city lacks a clear community focal point – a role commonly played by a vibrant downtown.
The Town Center focus area is proposed along Diamond Bar Boulevard, between SR-60
and Golden Springs Drive, to build on the success of recent commercial redevelopment in
that area. The Town Center would serve as a center of activity for residents of Diamond
Bar, providing entertainment and retail opportunities and community gathering spaces in
a pleasant, walkable environment.
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The City’s 6th Cycle Housing Element also identifies the Town Center area as an
opportunity site to accommodate Diamond Bar’s share of the Regional Housing Needs
Assessment (RHNA).
ULI-LA Technical Assistance Panel
In 2021, the City engaged the Los Angeles Chapter of the Urban Land Institute (ULI-LA)
to assemble a Technical Assistance Panel (TAP) comprised of planning, architecture,
development, economics and land use law practitioners to gain a better understanding
of the market possibilities, implementation strategies, and design framework to consider
as an initial step to implement the policies of the General Plan 2040 for the Town Center
Focus Area.
The TAP convened during the week of April 12-16, 2021, where the panelists were able
to visit, analyze and present some initial recommendations about the opportunities for
the project area. The TAP presented its findings and recommendations at a Special
Joint Planning Commission/City Council meeting on April 16, 2021 which was open to
the public. Some of the key recommendations from the TAP include:
• An increase in the residential densities over that currently allowed by the General
Plan 2040 is needed to encourage new housing options affordable at a mix of
income levels, and help drive demand for new restaurants, retail, walkability, and
open and gathering spaces in the Town Center.
• An urban framework with urban-sized blocks, residential density with a priority on
pedestrian movement in and around the focus area is envisioned to create a
successful Town Center environment.
• Deliberate design choices can take advantage of the natural topography of the site
by creating pedestrian-only plazas and paseos lined with retail and restaurants to
activate the space offering dramatic views of the San Gabriel mountains.
• Adoption of a Specific Plan would provide the certainty to incentivize investment and
create flexibility to ensure financial feasibility for future development.
• The first phase of development is likely to occur on properties in the southwestern
portion of the area along Golden Springs Drive where property owners have
expressed their willingness and desire to make the needed investment in support of
the General Plan 2040 vision for the Town Center Focus area.
• Implementation will take significant effort and time. A wide range of development
incentives, funding options, public investment and administrative processes will be
need to be considered and created that focus on achievable short-, mid- and long-
term timeframes.
Specific Plans
The TAP’s recommendations comprise a preliminary assessment of the placemaking
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and economic development potential for the Town Center. Its recommendations must
be further studied and refined before the City can confidently proceed with a regulatory
and economic development framework that will eventually transform the study area into
the urban village envisioned in the General Plan. The most effective tool for
establishing such a planning framework is the specific plan.
The California Government Code enables communities to “prepare specific plans for the
systematic implementation of the general plan for all or part of the area covered by the
general plan.”1 A specific plan can be viewed as a customized zoning ordinance that
governs a specified planning area, and is tailored to ensure that the planning area is
developed in a manner that implements the General Plan’s goals and policies
established exclusively for that area, and takes into account the unique opportunities
and constraints that characterize the planning area.
CONSULTANT SELECTION PROCESS:
On January 17, 2022, the City posted a detailed Request For Proposals (RFP) on
PlanetBids, inviting planning firms to submit proposals to prepare the Town Center
Specific Plan (TCSP). The City received proposals from five firms during the 30-day
RFP period: Gruen & Associates, Infrastructure Engineers, PlaceWorks, RRM Design
Group (RRM), and Torti Gallas + Partners (TG+P).
The not-to-exceed cost proposals from the five firms ranged from $222,880
(Infrastructure Engineers) to $952,850 (PlaceWorks). All proposals included project
schedules to accommodate an 18-month timeframe from kickoff to plan adoption, as
specified in the RFP. The RFP also requested that the project budgets provide two
alternative cost proposals for the environmental review process—an addendum to the
General Plan EIR and a Supplemental EIR—because the type of environmental
document required will not be determined until certain parameters of the Specific Plan
are established, such as the number of residential units allowed throughout the entire
45-acre project area. The table below compares the five firms’ cost proposals with a
Supplemental EIR:
Firm Infrastructure
Engineers Gruen RRM TG+P PlaceWorks
Budget $222,880 $733,851 $792,744 $860,655 $952,680
As shown, Infrastructure Engineers’ proposed budget was substantially lower than the
other four firms. However, the proposal was generic, and lacked an understanding of
the scale and complexity of the project. The proposal was thus rejected for failing to be
responsive to the requirements set forth in the RFP.
After carefully reviewing each proposal, staff determined that RRM and TG+P’s
proposed strategies best reflected Diamond Bar’s vision for the Town Center, and
aligned most closely with the planning and public engagement process that the staff
envisions for the TCSP.
1 Gov’t Code §65450
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Task-by-Task Comparison of TG+P AND RRM Proposed Budgets
TASK TG+P RRM
1. General Services, Kickoff and Project Management $ 76,040 $ 61,974
2. Community Engagement Strategy 114,750 15,300
3. Market Demand and Fiscal Analysis 56,520 71,362
4. Existing Conditions and Local and Regional Plans 54,955 97,975
5. Opportunities and Constraints 16,840 40,744
6. Land Use and Specific Plan Alternatives 46,870 57,137
7. Preferred Alternative 42,230 11,088
8. Infrastructure and Public Realm Improvements 53,110 28,422
9. Preparation of the Specific Plan 133,600 197,261
10. Preparation of General Plan Amendments 19,000 6,380
11a. CEQA Option A – EIR Addendum 106,834 141,851
11b. CEQA Option B – Supplemental EIR 246,740 205,101
TOTAL WITH EIR ADDENDUM $ 720,749 $ 729,494
TOTAL WITH SUPPLEMENTAL EIR $ 860,655 $ 792,744
On April 6, 2022, a panel comprised of City staff from the City Manager’s Office, and
Public Works and Community Development Departments interviewed TG+P and RRM.
Both firms delivered excellent presentations and interviewed very well. In the end,
staff’s consensus was that the TG+P team’s vision, enthusiasm and overall approach to
the project would best serve Diamond Bar. The basis for staff’s recommendation is
outlined below.
TORTI GALLAS + PARTNERS TEAM AND PROPOSED SCOPE OF WORK
Firm Credentials
TG+P is a highly-regarded architecture and planning firm with a track record in
designing walkable communities. The firm has offices in Los Angeles, Washington DC,
Philadelphia, Tampa and Istanbul, Turkey. TG+P has won more than 400 international,
national and local awards and honors for planning and design, including 18 from the
Congress for New Urbanism (CNU), which is the most CNU has awarded to any firm.
TG+P’s portfolio includes the Exposition Park Master Plan, Santa Monica’s Downtown
Community Plan, The Commons at Aliso Viejo, the Campus Town Specific Plan
(Seaside, CA), State Street Village (Redlands, CA), Claremont Village South, the
Westminster, Colorado Downtown Specific Plan, and several projects in Washington
DC, Maryland and throughout the country.
Staff conducted detailed telephone interviews with past TG+P clients, all of whom spoke
highly of both the firm and Mr. Payton.
Project Approach
TG+P’s proposal is guided by the following set of planning principles:
1. Create a distinct sense of place – The design framework for the planning area
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should take advantage of the site’s topography and dramatic views of the San
Gabriel Mountains, and reflect the cultural identity and heritage of the San Gabriel
Valley.
2. Build for permanence – Recognize that architecture contributes to the built
environment’s character, and design buildings that will age gracefully in place, and
allow for the uses that occupy them to change over time, rather than replacing the
buildings themselves.
3. Design for diversity – A variety of building typologies should be accommodated,
including townhouses, apartments, mixed-use and stand-alone retail and office uses,
and others. Housing types should accommodate a variety of age and income
groups. A sense of mutual compatibility and comfort should be intrinsic elements of
design.
4. Design for walkability – Pedestrians “should find it easy, indeed joyful” to walk
throughout the Town Center community, “and cross all streets comfortably, safely,
and in more than one location.” The details of buildings, landscapes and public
spaces should be designed to foster an enjoyable aesthetic experience at the scale
and speed of the pedestrian walking among them. Parking and delivery areas must
be accommodated, but so must “calmer and more walkable streets.”
5. Design for sustainability and health – The Town Center community should be
designed to be resilient as the number of hot days increases and periods of drought
become longer. Buildings and public spaces should be water-efficient and provide
passive cooling and shade opportunities, and surface parking areas should be
designed to minimize heat islands. The positive health effects of open space have
gained even greater awareness in the midst of the coronavirus pandemic.
6. Test and vet the form-based code – Torti Gallas + Partners are proponents and
experts in writing of “form-based codes.” FBCs differ from conventional zoning
codes by using physical form and context to prescribe how development occurs,
rather than standards that focus solely on “minimums” and “maximums” to govern
the design of a stand-alone development. TG+P’s methodology for formulating
FBCs utilizes the firm’s patented Town Information Modeling (TIM) program to
generate 3D graphics to illustrate the build-out of the Town Center, and adjust the
model to achieve the preferred set of FBC regulations. As stated in TG+P’s
proposal, “(n)ot only is this a great visualization tool, it allows maximum
transparency with the full range of stakeholders and interested parties as to what is
really being proposed.”
Project Team
Neal I. Payton, FAIA will serve as principal-in-charge and project manager. Mr. Payton
and his in-house staff will lead all aspects of the Specific Plan from the TG+P’s Los
Angeles office, and oversee the work of the subconsultants
TG+P will manage a subconsultant team comprised of six firms with expertise in various
disciplines:
• Consensus (Burbank) will formulate the public outreach and communications
strategy.
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• Sapphos (Pasadena) will provide environmental consulting services and prepare
the applicable CEQA document (EIR Addendum or Supplemental EIR).
• Gibson Transportation Consulting (Los Angeles) will prepare multi-modal mobility
planning studies, and provide the technical analyses for CEQA purposes.
• RCLCO (Los Angeles) will prepare the market demand and fiscal impact analyses.
Managing Director Derek Wyatt served on the ULI-LA TAP for the Diamond Bar
Town Center, where he was instrumental in developing the conclusions regarding
the opportunity for a rebalancing of land uses and density envisioned in the General
Plan.
• SALT Landscape Architects (Los Angeles) will develop the overall landscape
vision for the Town Center.
• KPFF (Los Angeles) will provide civil engineering services, including infrastructure
assessments.
Community Engagement Strategy
TC+P’s full scope of work is provided as an exhibit to the attached Consultant Services
Agreement. The proposed Community Engagement Strategy, with Consensus leading
the public relations campaign, is one of the key factors that led staff to recommend the
selection of TC+P to prepare the Town Center Specific Plan. Highlights of the strategy
are summarized below.
Communications Platforms, Public Information Material and Project Website. The
project team will coordinate with City staff to develop and distribute the following work
products:
• Project website designed for stakeholder data capture and to disseminate project
information
• Stakeholder database
• E-blast template for project communications
• Project hotline
• Project email address
• Fact sheet
• FAQs
• Meeting notices/e-blasts
• In-language notices (English, Mandarin and Korean)
4½-Day Charrette. In addition to two community workshops, TC+P will set up a “pop-
up” design studio within or near the study are, such as in a vacant storefront, where a
weeklong community charrette will take place. A “charrette” is a public design workshop
in which designers, property owners, developers, public officials, environmentalists,
citizens, and other persons or group of people work to achieve consensus.
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The general format proposed for the charrette is as follows:
• Kick-off presentation and exercise.
• Open studio over the entire course of the week allowing direct access to the entire
team (except the last day of production).
• Technical meetings with City departments, outside agencies, etc.
• Additional stakeholder meetings, as necessary.
• Creation of conceptual development and design proposals for the opportunity sites
within the Specific Plan area.
• Topic-specific presentations over lunch (community character, housing, circulation,
parking, etc.).
• Informal evening progress summaries.
• Concluding presentation.
The public will not need to participate during the entire event to stay informed and
provide feedback. They can drop in at their convenience, and will be able to speak to
the designers to get caught up and to offer opinions and suggestions about the design
concepts being developed.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a TCSP CONSULTANT SERVICES AGREEMENT - TORTI GALLAS
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CONSULTANT SERVICES AGREEMENT
FOR THE PREPARATION OF THE DIAMOND BAR TOWN CENTER SPECIFIC PLAN
THIS AGREEMENT (the "Agreement") is made as of ___________, 2022 by and
between the City of Diamond Bar, a municipal corporation ("City") and Torti Gallas +
Partners, a Delaware Corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement , Consultant shall
provide to the reasonable satisfaction of the City the urban planning services set forth in
the attached Exhibit "A", which is incorporated herein by this reference. As a material
inducement to the City to enter into this Agreement, Consultant represents and warrants
that it has thoroughly investigated the work and fully understands the difficulties and
restrictions in performing the work. Consultant represents that it is fully qualified to
perform such consulting services by virtue of its experience and the training, education
and expertise of its principals and employees.
Greg Gubman, Community Development Director (herein referred to as the “City’s
Project Manager”), shall be the person to whom the Consultant will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereunder with the City’s Project Manager to the extent required by the City’s
Project Manager, and that all performances required hereunder by Consultant shall b e
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect ___________, 2022,
and shall continue until the project is completed, unless earlier terminated pursuant to the
provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed nine hundred twenty thousand dollars ($920,000) without
the prior written consent of the City. The above not to exceed amount shall include all
costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel
and all related expenses, plus a contingency to cover additional tasks not included in the
scope of services at the time this Agreement was executed, and is calculated as follows:
Proposed Scope of Services $860,655
Contingency $ 59,345
Total $920,000
4. Payment.
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A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of
receipt. Billings shall be not exceed the percentage of tasks completed during the
specified invoice period.
D. Payment shall constitute payment in full for all services, authorize d costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the
scope or complexity of work, or for any other reason, shall be made unless and until such
extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement. The
amendment shall set forth the changes of work, extension of time , if any, and adjustment
of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between this
Agreement and the attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on
behalf of City or otherwise act on behalf of City as an agent , except as specifically
provided herein. Neither City nor any of its agents shall have control over the conduct of
Consultant or any of Consultant's employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents
or employees are in any manner employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency regarding the independent contractor status of Consultant and
the audit in any way fails to sustain the validity of a wholly independent contractor
relationship between City and Consultant, then Consultant agrees to reimburse City for
all costs, including accounting and attorney's fees, arising out of such audit and any
appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold
City harmless from any failure of Consultant to comply with applicable Worker's
Compensation laws.
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D. Reserved.
E. In addition to any other remedies it may have, City shall have the right to
offset against the amount of any fees due to Consultant under this Agreement any amount
due to City from Consultant as a result of Consultant's failure to prompt ly pay to City any
reimbursement or indemnification required by this Agreement or for any amount or
penalty levied against the City for Consultant’s failure to comply with this Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under similar
conditions and represents that it and any subcontractors it may engage, possess any and
all licenses which are required to perform the work contemplated by this Agreement and
shall maintain all appropriate licenses during the performance of the work.
9. Indemnification.
Consultant shall indemnify, defend with counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and
against all liability, loss, damage, expense, cost (including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with:
(1) Any and all claims under Workers’ Compensation Act and other
employee benefit acts with respect to Consultant’s employees or Consultant’s
contractor’s employees arising out of Consultant’s work under this Agreement; and
(2) Any and all claims arising out of Consultant's performance of work
hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of the
City. Should City in its sole discretion find Consultant’s legal counsel
unacceptable, then Consultant shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other
costs and fees of litigation. The Consultant shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by
the law of the State of California and will survive termination of this Agreement.
Except for the Indemnitees, this Agreement shall not be construed to extend to any
third-party indemnification rights of any kind.
(3) The Consultant's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
10. Insurance.
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A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a
result of wrongful or negligent acts by Consultant, its officers, employees, agents,
and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that any
insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be
non-renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will
not cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by the
City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement
shall allow City, as additional insured, to satisfy the self -insured retention (“SIR”) and/or
deductible of the policy in lieu of the Consultant (as the named insured) should Consultant
fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall
be subject to the approval of the City. Consultant understands and agrees that
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satisfaction of this requirement is an express condition precedent to the effectiveness of
this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible
constitutes a material breach of this Agreement. Should City pay the SIR or deductible
on Consultant’s due to such failure in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any
action against Consultant for breach of this Agreement in addition to any other damages
incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Consultant fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to
the City for review and approval. All insurance for subcontractors shall be subject to all
of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by City.
City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under
this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agr eement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
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completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance
of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary
or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result
of the performance of this Agreement. Consultant's covenant under this section shall
survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to Consultant. The effective date of termination shall
be upon the date specified in the notice of termination, or, in the event no date is specified,
upon the fifteenth (15th) day following delivery of the notice. In the event of such
termination, City agrees to pay Consultant for services satisfactorily rendered prior to the
effective date of termination. Immediately upon receiving written notice of termination,
Consultant shall discontinue performing services, unless the notice provides otherwise,
except those services reasonably necessary to effectuate the termination. The City shall
be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as otherwise authorized by the City's Project
Manager, Neal I. Payton shall be the person who primarily performs the work provided
under this Agreement. Except as provided in this Agreement, Consultant reserves the
right to determine the assignment of its own employees to the performance of
Consultant's services under this Agreement, but City reserves the right in its sole
discretion to require Consultant to exclude any employee from performing services on
City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, gender identity, or sexual orientation, in the performance of its services and
duties pursuant to this Agreement, and will comply with all rules and regulations of City
relating thereto. Such nondiscrimination shall include but not be limited to the following:
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employment, upgrading, demotion, transfers, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state either that it is an equal opportunity employer or that
all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work as set forth in Section 2 of this Agreement or
as may otherwise be agreed to by and between the Project Manager and the Consultant.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of Consultant's
work.
20. Reserved.
21. Delays and Extensions of Time. Consultant’s sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Consultant’s control. If Consultant believes that delays caused
by the City will cause it to incur additional costs, it must specify, in writing, why the delay
has caused additional costs to be incurred and the exact amount of such cost within 10
days of the time the delay occurs. No additional costs can be paid that exceed the not to
exceed amount absent a written amendment to this Agreement. In no event shall the
Consultant be entitled to any claim for lost profits due to any delay, whether caused by
the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant ’s obligations hereunder, without the
prior written consent of City, and any attempt by Consultant to so assign this Agreement
or any rights, duties, or obligations arising hereunder shall be void and of no effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
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making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney’s Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney ’s fees and costs,
including costs of expert witnesses and consultants.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the
parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize
their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual good
faith efforts to resolve the same any dispute or controversy as provided herein, shall be
a condition precedent to the institution of any action or proceeding, whether at law or in
equity with respect to any such dispute or controversy.
27. Notices. Any notices, bills, invoices, or reports required by this Agreement
shall be deemed received on (a) the day of delivery if delivered by hand during regular
business hours or by facsimile before or during regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the
addresses heretofore set forth in the Agreement, or to such other addresses as the parties
may, from time to time, designate in writing pursuant to the provisions of this section.
“CONSULTANT” “CITY”
Torti Gallas + Partners City of Diamond Bar
601 West 5th Street, Suite 600 21810 Copley Drive
Los Angeles, CA 90071 Diamond Bar, CA 91765-4178
Attn.: Neal I. Payton Attn.: Greg Gubman
Phone: Phone: 909.839.7031
E-Mail: npayton@tortigallas.com E-mail: ggubman@diamondbarca.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California. The venue for any action
brought under this Agreement shall be in Los Angeles County.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement between
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Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision
or breach hereof waived, except in a writing signed by the parties which expressly refers
to this Agreement. Amendments on behalf of the City will only be valid if signed by a
person duly authorized to do so under the City's Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
Consultant'City'
TORTI GALLAS + PARTNERS CITY OF DIAMOND BAR
ijk^
Printed Name:.
Title: J>e.rtlOR
By:By:
Ruth M. Low
Mayor
ATTEST:
By:
Printed Name:
Title: _____
Kristina Santana, City Clerk
Approved as to form:
By:
David DeBerry, City Attorney
"NOTE: If Consultant is a corporation, the City requires the following signature(s):
(1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer.
If only one corporate officer exists or one corporate officer holds more than one corporate
office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
9
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Project Understanding
We understand that the City of Diamond Bar desires the creation of a Town Center Specific Plan, to flesh
out the concept of the Town Center area defined in its 2019 General Plan, and as recommended by a
2021 Technical Advisory Panel (TAP) sponsored by the Urban Land Institute – LA Council (ULI-LA). The
Plan area includes approximately 37 existing parcels with 23 unique property owners within an existing
suburban style commercial district of approximately 45 acres located along both sides of Diamond Bar
Boulevard (which extends over 1,800 feet), generally bounded on the south by Golden Springs Drive
(1,600 feet extent) and on the north by the SR-60 Freeway. We understand Gentle Springs Lane and
Palomino Drive are also crossing the project area over approximately 1,500 feet total.
We also understand that the City’s aspiration for the area as embodied in its Vision 2040 General Plan
includes the transformation the Town Center from a non-descript suburban style neighborhood
commercial area into a vibrant, pedestrian-oriented, mixed-use district that serves the community
(though at a maximum density of 20.0 du/ac which is less than what might have been imagined is
necessary to achieve this goal). Furthermore, we understand that the recently completed (April 2021)
ULI-LA TAP report which recognizes a demand for almost double the amount of housing permitted in the
General Plan recommended higher residential densities than is currently allowed in the General Plan
The TAP concluded that “these higher residential densities would provide the benefit of creating new
housing options affordable at a mix of income levels. The resulting residential population would also
drive demand for new restaurants, retail, walkability, and open and gathering spaces in the Town
Center”.
To that end, the Town Center Specific Plan will need to define refine and possibly update the overall
vision, policies, objectives, land use regulations, as they’ve been articulated in the General Plan, to make
them even more specific to the Town Center area. while also creating specific development standards
and design guidelines, infrastructure and public realm improvements, and implementation and financing
strategies for the Plan area. We also understand the Town Center Specific Plan will be subject to
Planning Commission review and City Council adoption by both resolution and ordinance.
By statute the Specific Plan must be consistent with the goals, policies and implementation programs of
the General Plan 2040. The project will therefore be responsible for evaluating the Specific Plan impacts
and preparing any necessary amendments to the General Plan 2040, as maybe necessary (for example if
the residential densities are proposed for increase) and/or to the existing Environmental Impact Report
(EIR; SCH #2018051066) consistent with the California Environmental Quality Act (CEQA). Because the
EIR for the General Plan was so recently completed, we also understand that the level of Environmental
Analysis required will depend on the level of modification to the General Plan that is proposed. For that
reason, this RFP response provides for Option A to prepare an Addendum to the existing EIR if changes
are minimal, or Option B a Supplement to the EIR, should the proposed changes be more significant.
Project Approach
To respond to this challenge, Torti Gallas + Partners (TG+P) has assembled a team of in-house principals
and support staff with unmatched experience in creating master plans that are inextricably tied to the
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architecture that will grow out of them and the place within which they will sit. It will be actively led by
Los Angeles-based Senior Principal, Neal I. Payton, FAIA, FCNU, who will also act as Project Manager,
While Neal is a hands-on project leader, he will be supported by Associate Project Manager, Nicolle
Cotes, who has significant experience with Specific Plans and similar planning efforts. Other TG+P
professionals will include Associate Principal Brandon Diamond, an expert in retail placemaking and Erik
Aulestia who is well known for his work in healthy communities and in creating Form-Based Codes.
Other TG+P staff with unique expertise, will be brought to bear as necessary, for example, Brian
O’Looney who literally ‘wrote the book’ on housing types, will be called upon to help strategize the
program and develop specific housing related urban standards, Betina Sason will lead the effort in digital
representation and Town Information Modeling.
A project of this breadth and complexity requires a strong team of supporting professionals, and the
team we have assembled, is not only world-class, but is also a team with whom we’ve worked before.
We know what to expect of them, and we’re confident that they deliver. Likewise, they are familiar with
and capable of meeting our very high expectations. For example, we have teamed with Sapphos
Environmental to lead our CEQA efforts, Gibson Transportation Corporation (GTC) to take the lead in
mobility and circulation efforts, KPFF for civil engineering and infrastructure, and Consensus will lead
our Public and Community outreach efforts. We worked with all of them as a team on our recently
completed Master Plan Exposition Park in Loas Angeles. Supplementing this team is RCLCo, whose
project director, for this assignment, Derek Wyatt served on the Town Center ULI-LA TAP that helped
lead to the conclusion that a Specific Plan for this area was needed. We’ve worked with RCLCo many
times including on the Coast Highway Master Plan in Oceanside and the Downtown Community Plan (a
Specific Plan) for Santa Monica. We have also included, SALT, with whom we worked on Aliso Town
Center for landscape architecture.
We have crafted a scope of work uniquely tailored to the task at hand, i.e., to create the Specific Plan
and form-based code, to shepherd it through the CEQA process, and to assist the getting to adoption.
However, the scope we present has also been influenced by a set of principles that is overarching to our
work. While these principles all of our efforts similar to this, they have been considered anew for this
particular exercise. These principles include the mandate to:
Create a distinct sense of place. A sense of place results when design and development protect and
incorporate the distinctive character of a community and the landscape, topography architectural
character and cultural milieu in which it is located. For example, the ULI TAP spoke about physical
solutions that take advantage of the natural typography of the site while creating the space for a
pedestrian-only plaza and paseo at the southern end the Town Center. The TAP also recommended
urban design solutions that resulted in pedestrian-oriented spaces lined with creative and authentic
retail and food uses that also framed dramatic views to the San Gabriel Mountains. That is very much a
place-centric idea that must be given a framework for implementation.
There will be many scales of opportunity for creating character and identity in the Specific Plan area.
These places – which emerge from the design of the public spaces themselves (streets, plazas) and by
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the architecture of the buildings that surround them - should reflect the regional identity of the San
Gabriel Valley and the greater Los Angeles region. In our work throughout the Inland Empire, east of the
SGV, that meant understanding how a combination of Spanish mission traditions, and the industrial
citrus packing house vernacular could be repurposed and married to contemporary styles to reflect
modern construction technologies, and a diversity of cultural experiences. We will use a similar process
in creating the design standards for this effort. At the same time the General Plan 2040 places a strong
emphasis on parks, open space and opportunities for walking and bicycling, which will expand upon
helping to define the area’s sense of place.
Build for permanence. This is an ethic that has begun to seep into of American culture, as we attempt to
build and live in a more sustainable manner. Unlike the generation of buildings that characterize classic
American sprawl development, all new built projects should be conceived of as permanent and subject
to management and renewal, rather than demolition, where appropriate. This goal recognizes the great
expenditures of human energy, capital and material resources that it takes to develop a building and it
recognizes that the Diamond Bar Town Center’s identity will be formed partly by buildings and s that age
places that age gracefully over time, and by the architectural and landscape details that make these
places unique. The form-based code that accompanies the Specific Plan should recognize that buildings
will naturally change their use over time, but when built for the long haul, character will be added as
they age.
Design for Diversity. The spatial and land use composition of the Town Center area must be considered
against the backdrop of the complex physical and land use needs of Diamond Bar as a whole. At a
macro scale, a diverse range of building, and land use typologies are required -- from townhouses to
multi-family, to live-work, and mixed-use to stand-alone retail and office uses, among others.
Translating that set of uses into a Specific Plan and code that allows them to co-mingle and even change
in a manner that supports the evolution of an authentic community with great streets and public spaces
and that allows for a variety of age and income groups to comfortably inhabit the same thoroughfare
should be a goal. In some cases building types should be dedicated to multiple-use regardless of the
primary use, and should be programmed to promote an 18-hour, 7-day-a-week, 52-week a year, civic
life.
Design for walkability. At 45 acres, the Town Center area is small-enough to be walkable. So within this
area, one should not only find the diverse set of buildings and uses described above, but should find
it easy, indeed joyful to traverse the distance on foot, and cross all-streets, comfortably, safely, and in
more than one location. Parking locations and concentrations should reinforce the walkability network.
Design standards should result in buildings of a scale that acknowledges the speed of person on foot,
meaning it includes detail and variety that can be seen at the speed of 3 mph. The spatial experience of
the street, particularly its sidewalk, should be considered making sure that adequate space is provided
to for it. And that it is gently embraced it with buildings and landscapes that are pleasant and
welcoming. This does not mean that every street should be designed in the same manner. Delivery
trucks and parking lots or garages must have a place in the Town Center Specific Plan area, as do calmer
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and more walkable streets. Knowing where and how to establish that hierarchy of streets is a key
component of the form-based rules.
Design for Sustainability and Health. Designing a walkable community is a good first step towards
sustainability and health, but by itself, is simply not enough. The region’s reprieve from drought
conditions is likely temporary, meaning that new development must be conceived to ease the burden on
water supplies. Drought tolerant, water-efficient landscape strategies must be a part of a properly
calibrated form-based code for the Town Center area. The increasing number of hot days further
increases interest in the cooling and shade opportunities offered by open space areas. The coronavirus
pandemic has illustrated the high value that communities place on access to open space.
This Plan, with open space as its central tenet will prove to be an alluring factor in attracting future
developers, employers and residents to invest in the Diamond Bar Town Center. The sustainable and
healthy solutions will require the expression of the range of applications in a graphic manner in the
design guidelines. While we are strong believers in performance-based sustainability guidelines (i.e.,
setting standards with individual flexibility on how to achieve them), we nonetheless believe that
developers and builders will need guidelines in how to achieve these standards. Landscape palates may
be tailored toward native or adapted species. The design of neighborhood-wide thoroughfares that
encourage walking, biking or public transport (e.g., sidewalk design and bike trails) will also be
important, as will site-designs that minimize the visual impact and heat island effect of large surface
parking lots or garages.
Test and Vet the Form-Based Code (the Development Standards). Form-based Codes are more flexible
more flexible and conducive to rapidly changing sociological and economic context than conventional
Zoning Codes. More importantly when combined with the necessary level of land use regulations they
are more likely to result in the fulfillment of a community’s vision, but only when that Code has been
vetted ahead of time by “building out the code” prior to implementation.
Our Town Information Modeling (TIM)sm Process is a great way to manage the complex weave of design
codes with program information. With this system a 3D-digital model of the site and possible buildout is
created with Civil 3D and Sketchup, and linked to a database that can keep schedules and track
everything from gross square footage of buildings to linear feet of thoroughfare paving. We will create a
model with a 100% buildout of the Town Center area that will have a precise calculation of square
footage per building and per lot. If we change the site coverage or setback line, or any other feature, we
can adjust the model, and immediately have a new gross square footage or unit count while examining
the effect spatial enclosure view corridor, circulation or other characteristic. Not only is this a great
visualization tool, it allows maximum transparency with the full range of stakeholders and interested
parties as to what is really being proposed. But to be truly effective this effort must be guided by a team
with countless years of experience working with community and stakeholder groups to arrive at
consensus and an implementable result.
Just as importantly a Form-based code that is not properly reconciled with other development-related
regulations -- both in terms of design and procedural provisions - results only in confusion and delay,
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hence we are careful to check make sure that code fits comfortably within the envelope of the General
Plan and meets the requirements of the Fire Department
Scope of Work
Task 1 General Services, Kick-off Meeting and Project Management
Collaboration with the City of Diamond Bar, (City, or Staff), begins at Day 1 and ends when the project is
completed. It is regular, it is systematic, and it is on-going.
Task 1.1 Kickoff Meeting and Site Visit
At the kick-off the TG+P Team will meet with Staff, to confirm assumptions, clarify any outstanding
scope issues, determine the availability of data and collect data and electronic resources, and determine
the format and structure of the plan. We will also determine a likely date for the first community
workshop and provide a window of dates for the 4 ½ day Public charrette. In advance of the meeting,
we will:
• Send examples of other Specific Plans on which we’ve worked, or ones by others that we admire to
Staff, and receive examples of ones admired by City staff.
• Revise the project timeline, for review and refinement.
• Complete a comprehensive review of the current General Plan and the ULI-TAP Report and create
an issues tracking matrix that identifies key issues to keep in mind as the Specific Plan is created.
• Review the ULI-TAP briefing materials such as the Site Tour Guide
At the kick-off meeting we will discuss the critical issues likely to affect redevelopment, including
existing uses, ownership patterns and natural amenities on or adjacent to the site as well as the ULI TAP
Report. At this time, we will also confirm methods for checking in with various departments and/or
agencies and create a regular schedule of meetings and Progress Reviews.
After the meeting we will walk the Town Center area, documenting existing conditions. This site visit will
form the basis a several of our experiential analysis diagrams. If possible, we will also scout the
suggested venue(s) for the Public Design Charrette
Task 1.2: General Services and Project Management
This Task also includes our project management work:
• We propose regular check-in meeting by Zoom to occur every-other week. Each meeting will be
preceded by an Agenda issued the day before and a meeting summary, issued no later than a day
after. While TG+P will be at all meetings, other consultants will attend on an as necessary basis.
• On a monthly basis we will issue a status report on what was accomplished during the month, not
only by TG+P but also by our consultants, and what can be expected during the following month.
This will form the basis for our monthly invoices
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Work Products: Meeting Agendas (bi-weekly) Meeting summaries (bi-weekly) Project timeline and
schedule, Issues Tracking Matrix, Monthly Project reports
Task 1.3: Attendance at Public Meetings
We have included two (2) public meetings as part of the Specific Plan Approval Process (see Tasks 9.4
and 9.5) This task includes up to an additional seven (7) public meetings with the Planning Commission
and/or the City Council to be scheduled at the City’s request.
Work Products: PPT presentation prepared ahead of time for Staff’s review, and unofficial
meeting notes, for discussion with Staff after the meetings.
Task 2 Community Engagement Strategy
The community engagement strategy will support the Town Center Specific Plan process with active
listening, and authentic and sustained two-way communications with Diamond Bar’s stakeholders. The
process will be robust, credible, modern, and creative designed to raise awareness and prompt input on
a future vision for the Town Center area. The Team’s community engagement program will gauge
perspectives, concerns and aspirations of the diverse voices who make up the community, and will
reflect the diverse tapestry of cultures, languages and communities that make up the city. We will
synthesize the input received into a digestible and concise form to be useful to decision-makers to help
articulate a Town Center Specific Plan.
Approach
• Demonstrate through meaningful outreach efforts how the City of Diamond Bar values input and
ideas from its stakeholders
• Authentically engage and actively listen
• Tell the aspirational story of the Specific Plan process with context; frame the process through the
lens of how it will enhance the quality of the community
• Leverage the existing channels and databases of key community organizations and leaders as a
“force multiplier” to accelerate information dissemination
• Make it easy for people to find project information and provide input with a mobile-friendly,
aesthetically pleasing microsite designed to capture contact information
Key Audiences
• Full-time residents (property owners and renters)
• Commercial property owners
• Businesses / merchants
• Local workforce
• Visitors
Task 2.1: Strategy and Story Development
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Strategy Development
TG+P team member Consensus will develop, refine and finalize a detailed and integrated strategic
communications plan that will include:
• Storytelling strategy; develop project narrative
• Community outreach strategy; recommended sequence and cadence
• Digital engagement strategy (social / email)
• Creative content strategy
• Key stakeholder database and Interviews
• Community Meetings, including 4 ½-day on-site design charrette led by TG+P with other design
team members
• Schedule of project launch rollout / timeline
Story Development & Messaging
Create a compelling narrative for the Town Center Specific Plan:
• Tell the aspirational story of the site, the process, and the importance of community voices
• Illustrate sensitivity to and responsiveness to community concerns; demonstrate how community
input is shaping the process
• Build excitement for the process; motivate participation
Work Products: Community Engagement Strategic Plan
Project Messaging
Task 2.2 Develop Communications Platforms and Public Information Material
The TG+P team will develop and secure project-specific communications platforms for community
engagement and work with city staff to distribute information via existing channels and communications
platforms.
The Team will develop the following public information materials to be used throughout the duration of
the program
Work Products: Stakeholder Database
E-blast Template for Project Communications
Project Hotline
Project E-Mail Address
Website Domain
Fact Sheet
FAQs
Meeting Notices / E-blasts
In-language notices (English, Mandarin & Korean)
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Task 2.3 Project Microsite
Consensus will develop a project website designed for stakeholder data capture and to disseminate
project information:
Work Products: Website Copy
Website Design
Website Programming
As Needed Updates to Website (up to 3 revisions)
Task 2.4 Key Stakeholder Interviews
The Torti Gallas team will organize and facilitate two rounds of up to ten 1:1 and small group
briefings/interviews with key community stakeholders. The meetings will take place in two groupings --
at the beginning of the process and halfway through the process. We will:
Work Products: Up to 10 interviews/meetings
Meeting Materials
Coordinate and Schedule Meetings
Prepare Meeting Report
Follow up on Action Items
Task 2.5 Community Meetings and 4 ½ Day Charrette
While there will be several opportunities for public meetings, a key component of many of our
successful efforts of this type, and one that we recommend for the Town Center Specific Plan process is
a 4½-day public design Charrette, conducted in a ‘pop-up’ design studio, on or near the study area, to be
led by Torti Gallas and Partners with the participation of other relevant consultants. This community
charrette accomplishes two complimentary objectives: 1) it engages the stakeholders in an immersive
design experience; and 2) it saves time at no additional cost.
Regarding the first point, the Charrette allows the public more than an opportunity to comment upon
the ideas of the consultants. Rather it allows participants to actively contribute to those ideas,
simultaneous with the crafting of the plan itself. During the charrette, we will not only present work
done to date, but the design team will also be drawing (by hand and in the computer) various options,
for participants to comment on.
Here’s how the charrette would likely work: Our Team will set up its design studio within the study area,
say at a Community Center, or vacant storefront, or some other agreeable place. (Note: Any costs that
maybe associated for rental of the space, desks, chairs, lighting, and other furnishings, as well as
catering are not included in the fee proposal). We will begin the effort with a Monday evening visual
presentation, open to the public, designed to create a clearer understanding and awareness of the
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issues related to vision planning and place-making in a context such as the Town Center area. As part of
the presentation. we will show comparable infill plans, and discuss the concept suburban refill and
repair, “placemaking” walkable urbanism and other similar concepts. We will also describe the
‘complete streets’ concept, so that participants come to appreciate the street, not only as a place to
drive, but a place to bike, walk, meet their neighbors, enjoy a coffee, and experience their community.
Above all, the purpose of this “kick-off” meeting is to share ideas. The Team will discuss their
understanding of the Specific Plan area with the community, and the community will be asked to share
its goals for the development of the area.
After the kick-off meeting, we will begin to apply the feedback received and will conduct interviews and
closed-door meetings with the key stakeholders, institutions, developers and landowners, as well as
other outside experts, technical managers from relevant local and regional agencies as necessary. All the
while, we’ll be drawing plans, and perspectives. By the mid-point of the charrette, we’ll have three
options for the public to review. They’ll be able to comment on them verbally, or if they’re the quite
type to leave comments on sticky notes, on each plan.
One particular area of study during the charrette will focus on the diversity of housing types that will be
required (assuming housing as part of mixed-use development is something for which there is
community and stakeholder support) Torti Gallas’ knowledge of housing types will allow the team to
facilitate the blending of housing typologies reflecting the varying needs of large and small families,
young professional, and seniors as well as the differences of densities resulting from the hierarchy of
adjacent streets. At the same time, we will be developing detailed programs matrices that form the
basis for the real estate development strategy. All of these drawings, renderings, and program matrices
will be done in-house by the same designers and development consultants who will be subsequently
crafting the final plan/report. In additional to tying the general public into this process, it will also
facilitate engagement with City Departments, government agencies, the Planning Commission and the
City Council.
Among the Charrette objectives are:
• Illustrate the evolution of plan concepts, neighborhood or civic centers, and strategies for
appropriate infill development.
• Identify opportunities for placemaking
• Ensure that development reinforces enhanced transit opportunities
• Create/reinforce complete neighborhoods.
• Work with the community to get buy in on the appropriate form and scale of infill;
• Generate multi-modal circulation concepts for the land use alternatives;
• Evaluate alternatives to determine how well they respond to key issues and opportunities; and
• Ensure that the City captures the value of development opportunities;
The charrette work will include detailed block planning and streetscape design, as well as the individual
building configuration housing typology issues necessary to complete the vision The resulting
buildings/neighborhood will need to be seamlessly woven into the surrounding community (both
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existing and proposed) by applying urban design and architectural strategies based on the principles of
sustainable urbanism.
After the mid-week review that we’ll take the best of each plan alternative and combine it into one
‘preferred’ vision plan. By the end of the week, we will gather feedback at a closing presentation of a
series of strategic plans redevelopment, a “vision map,” identifying possible-sub districts, street types,
and key public spaces.
Activities included in the charrette:
• Kick-off presentation and exercise.
• Open studio over the entire course of the week allowing direct access to the entire team (except the
last day of production).
• Technical meetings with City departments, outside agencies, etc.
• Additional stakeholder meetings, as necessary.
• Creation of conceptual development and design proposals for the opportunity sites within the Civic
Core area
• Topic-specific presentations over lunch (community character, housing, circulation, parking, etc.).
• Informal evening progress summaries.
• Concluding presentation.
It is important to know that it is not expected that folks will participate during the entire event. Rather
the charrette is structure to allow someone to drop-in once during the week, and provide ideas and
feedback, or to participate all of the time. Someone who only has availability on Tuesday at 2PM for
one-hour can drop in and speak to one of the designers about what’s happened so far, and to offer their
opinions on the direction of the plan. On the other hand, folks are welcome to come every day for as
long as they’d like, and if they are so inclined to pick up a marker and draw
While the Charrette is the centerpiece of the Torti Galls community engagement team will organize two
open house meetings, one prior to the charrette, and one after the draft final plan is produced. The
latter one of these will be formatted as an “Open House,” style allowing participants the flexibility to
arrive anytime between the two-hour meeting window and have one-on-one access to the project team
and subject matter experts to have their questions answered. We will also have a comment station
where residents can provide their detailed input. If the meeting is virtual, it will be tightly facilitated by a
skilled facilitator. Each of the Community meetings will include photographs, maps and concept plans as
needed for each workshop.
Work Products: Up to two virtual or in-person meetings plus 4 ½ Day Charrette
Meeting Facilitation
Determine Format and Content
Noticing for three Meetings
Workshops Report
Charrette Report (see Task 6)
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Task 3 Market Demand and Fiscal Analysis
Having been a Panel Member of the ULI TAP, Derek Wyatt, RCLCO’s Project Director for this assignment,
was instrumental in developing the conclusions regarding the opportunity for a rebalancing of the land
uses and density envisioned in the Vision 2040 General Plan.
Task 3.1: Market Demand: As part of this Specific Plan, the market demand analysis is key to
understanding the feasibility and viability of these plans from a market perspective. RCLCO’s approach
to market and economic analyses marries an understanding of people, place, and potential with a
comprehensive view of national and regional trends, and an understanding of local market and
economic conditions. We will identify economic and demographic drivers of growth, how they impact
the quantity and quality of demand for residential and commercial land uses, and where that demand
most desires to locate. Our work will be based in detailed employment analysis and forecasts, target
market analyses, an understanding of current and historical development activity, and an evaluation of
the City of Diamond Bar’s and the Town Center’s competitiveness to attract each type of use. The
interrelationship of these factors will inform an assessment of supply-demand dynamics underpinning
the optimal development potential for the Town Center.
Work Products: Draft and Final Market Demand Reports
Task 3.2 Fiscal Impact Analysis: Based on RCLCO’s experience with numerous large-scale
redevelopments of Town Centers across the country, we recognize the importance and need for the City
to have a full understanding of the financial implications of a development such as this, particularly the
additional revenues generated by the new mix of uses as well as the incremental expenditures to serve
the new development. The Fiscal Impact Analysis refers to the impact of the proposed redevelopment
on the City’s General Fund and has two components. The first is the set of one-time impacts comprising
the various one-time construction-related revenues paid to the City. The second is the net fiscal impact
defined as the comparison of the recurring project-generated General Fund revenues when the
proposed development is operational with the incremental General Fund costs to provide municipal
services to the proposed development, as well as providing a comparison to the fiscal revenues and
expenditures related to the existing development in the area today.
Work Products: Draft and Final Fiscal Impact Analysis Reports
Task 4: Existing Conditions
Evaluating the opportunities for Diamond Bar and the Town Center, specifically, in the future, requires
an understanding of current and historical conditions regarding everything from the characteristics and
composition of the marketplace land use patterns to mobility and circulation, infrastructure, parks and
streetscapes, and other physical constraints. Therefore, the Existing Conditions analysis will feature an
all-hands-on-deck effort by the TG+P team
For example, RCLCO will focus primarily on housing, population, demographic, and social characteristics,
economic conditions and factors (including multiplier effects), and local business conditions (including
commercial and industrial development trends).
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At the same time GTC will analyze circulation and mobility including, at a minimum an assessment of
roadway capacity, regional access, pedestrian and bicycle facilities, and public transit. It will also include
a comprehensive review of in-progress, proposed, or conceptually planned developments and
infrastructure projects in the vicinity that may affect the Specific Plan site or surrounding traffic.
They will also collect peak period and daily traffic count data for key roadways and intersections in the
vicinity and 24-hour data at up to 10 street segments and peak period turning movement data at up to
six intersections.
Meanwhile, SALT, will documents existing parks and open space in the area (relative to population),
roadway connectivity, local site conditions (rainfall, wind, sun exposure, soils type if available) and
existing plant types.
KPFF will research and compile as-built plans and technical reports, as available from public records, for
existing sanitary sewer, water, storm drain, and dry utility (electricity, gas, and communications) systems
within the project limits. They will also perform a review of the Plan area streetscape conditions using
Google Street View and visual observations on site. The review will focus on the existence of paved
sidewalks, curb ramps, and gross pavements failures such as significant roadways potholes.
TG+P will map existing urban design conditions including view corridors, topography, block size,
pedestrian quality and figure – ground among other things. We will also begin gathering precedents
from other analogous communities as a basis for comparison to inspire creative thinking
Work Products: Memorandum summarizing the existing conditions findings related to:
• Urban Design conditions.
• Demographic and social conditions
• Existing drainage patterns and wet and dry utilities
• Circulation and mobility as well as peak period and daily traffic count data.
Parks, Open Space, and Streetscape Conditions
Task 5 Opportunities and Constraints
TG+P will lead the team in preparing an Opportunities and Constraints report, including photos and
maps, that identifies key issues, opportunities and constraints relative to all of the issues identified in
the Existing Conditions Analysis and the Market Demand Assessment. We understand that to some
extent, the City has already begun this process by preparing for the ULI-TAP and putting together the
Site Tour guide document
In addition, Team member, GTC will also identify appropriate methodologies for conducting traffic
impact analysis, including analysis under the California Environmental Quality Act (CEQA). The key
quantitative CEQA analysis will be based on Vehicle Miles Traveled (VMT). Non-CEQA analysis will
include identifying an appropriate method for estimating trips generated by Specific Plan land uses and
conducting operations analyses of the key intersections. This work will take into account infrastructure
projects in the vicinity that may affect the Specific Plan site.
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Work Products: Opportunities and Constraints Report including Maps, as well as Report on
Appropriate methodologies for conducting traffic impact analysis
Task 6 Land Use & Specific Plan Alternatives
Once the myriad of issues are identified, the data are collected, mapped and analyzed, we will conduct a
four and one-half-day design charrette on-site (or nearby), which will focus stakeholder and community
input over a short period of time, through the hands-on effort of people representing the full spectrum
of interests. The approach is inclusive and designed to build consensus from the outset. It’s been our
experience that through such charrettes, participants come to care more about the plan— they see their
ideas as they are refined and they become part of a synthesized vision. We cannot overemphasize the
educational value of this approach either. Citizens become familiar with the tools of good urban design
and gain an appreciation of the importance of long-range thinking.
While the details of the charrette are described in Task X, below, the development of the three
alternatives, will grow out of the efforts described in previous efforts, including the work done to date.
That is, they will grow from a study of alternatives to a narrowing down to a preferred alternative. This
alternative will provide direction to the task of designing the public realm and the land use plan.
Beginning with the data collection and the analysis work done above, the Torti Gallas Team will develop
a set of alternative diagrams and plans. While we will begin this process ahead of the charrette, we will
dive into the task in earnest it during the charrette itself, allowing real-time input from drop-in visitors,
staff, local developers or landowners, or neighbors, businesses, and other stakeholders. As input is
received adjustments will be made to the three diagrams. The goal in all this, from a design point of
view, is both function and character.
With regard to character, the aim is the creation of an identifiable public realm that is vital, memorable,
and tied to the particularities of place. The alternatives development will consider a range of street
hierarchies, centers, and densities which in turn will provide some the general design principles that will
achieve that specificity of place and provide program alternatives. In other words, no matter the
alternative ultimately chosen, we imagine the Planning Areas, including not only a range of densities,
but a range of Character Areas as well.
As part of these patterns, we will also develop precedent boards, for building types of varying densities
corresponding to the pattern alternatives being developed. As well-staffed and experienced architecture
and urban design firm, Torti Gallas has a 64-year track record in working with the private development
community in strategizing development prototypes and options. We maintain a library building types by
density, construction type, parking requirement, cost/sf., etc. so that we will have a ready matrix of
potential prototypes at our fingertips appropriate for various areas of the Specific Plan.
At a mid-point in the charrette, we will review three alternatives with the public to elicit opinions.
Participants will have the opportunity to comment either in a public format, or quietly, via post-it notes
stuck on drawings posted on the wall. Based on these comments as well as the team’s internal
assessment, and after discussion with the staff, we will narrow the three-diagrams to one-preferred
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vision, which the team will begin to develop during the remaining time of the charrette, and then back
in the studio.
During the charrette, Team members, will be doing rough order of magnitude assessments of the
alternatives. For example, circulation alternatives to support Specific Plan land use alternatives. These
circulation alternatives will be designed to serve all travel modes and to provide adequate access to
each development area within the Specific Plan. The two circulation alternatives will be evaluated based
on the non-CEQA analysis methodology. Meanwhile, SALT will prepare up to multiple diagrammatic
concept plans that highlight opportunities for open space and connectivity.
Work Products:
• Copies of all PPTs utilized during the week
• Charrette report including copies of sign-in sheets, photos from the charrette copies of all
drawings produced and conclusions reached
Task 7: Preferred Alternative
After the 4 ½-day charrette in Task 6 we will return to our studio and over the next two months, we will
refine the preferred Vision Plan and identify needed infrastructure and mobility enhancements as well
as key components of the Form-Based Code. We will draw upon findings from previous task to describe
circulation for all modes, new roadway connections, new pedestrian, and bicycle facility connections.
The preferred design approach for open space and connectivity will also be included. During this time, it
is anticipated that additional comments from staff, and stakeholders will be received, and modifications
to the charrette plan, will be made. We anticipate a period of about two-months to finalize the draft
vision plan, which will form the basis of the Specific Plan and part of the Project Description for the EIR.
During this time, Team member GTC will conduct analysis of key intersections within the Specific Plan
and surrounding area. The analysis will be conducted for Existing Conditions based on the traffic counts
collected in Task 4 as well as future conditions with and without implementation of the Specific Plan.
The analysis will account for removal of existing Specific Plan area land uses as necessary. While not
required by CEQA, this operational analysis will determine the Project’s effects on operations of those
intersections and identify any congestion or queuing problems.
Also, as part of this task, KPFF will provide input regarding the required wet utilities infrastructure
upgrades and improvements, including possible utility points of connection as it pertains to sewer,
storm, and water services. This input will be based on the existing capacity information provided by the
utility purveyors and the additional utility loads estimated based on the program proposed by the team.
In addition, they will provide input regarding possible Low Impact Development (LID) options to be
implemented within the Plan area to meet the City requirements based on available geotechnical
information.
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Work Products: A Preferred, rendered Concept Plan including Circulation and Infrastructure
enhancements and overall land-use and density projections, A draft Project Description will also
be provided at this time.
Task 8 Infrastructure & Public Realm Improvements
TG+P Team member SALT will develop a Landscape design package with concepts for:
• Streetscape amenities- furnishings, tree grates- (specifications, images, bod, layout plans)
• Landscape palette- location, plant, sizes (matrix by street type, images)
• Pedestrian plazas- materials, scale, features, layout plans
• Sidewalk treatments- dimensions, varying types, layout plans (matrix by street type, images)
They will also develop an Estimate of Probable Costs for Streetscape improvements outside the scope of
the Civil Engineer. This task includes a preliminary and final version, the latter of which will be
incorporated into the Specific Plan. Working alongside the Team, KPFF will develop civil engineering
conceptual level plans focused on grading, drainage, paving, utilities, and storm water management
considerations based on the proposed streetscape design developed by the Landscape Architect.
Subsequent to that they will provide an engineering estimate of probable cost as it pertains to the Civil
Engineering proposed improvements.
Work Product:
• Landscape Design Package (preliminary and Final)
• Civil engineering conceptual plans with estimate of Probable costs
Task 9: Preparation of the Specific Plan
Task 9.1: Preliminary Draft Specific Plan
With an agreement from Staff and the Planning Commission on the Preferred, we will begin the process
or creating the Diamon Bar Town Center Specific Plan. The statutory requirements of a Specific Plan
include the following:
• Land use plan including maximum density.
• Circulation Plan
• Infrastructure Plan (including energy and solid waste facilities),
• Development Standards (including energy conservation), which in this case will take the form of a
Form-Based Code
• Implementation measures: including regulations, public works and financing measures, particularly
for infrastructure
• A statement of the relationship of the Specific Plan to the General Plan including a discussion of how
it implements the General Plan
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In addition, the City would like to include sections on Existing Conditions and Overall Policy
Recommendations.
In the first month of this effort, we will update our Project Description from Task 7, above, by fleshing
out additional details related to Implementation, land use and density and circulation, as well identifying
its relationship to the General Plan. This will allow our Environmental Compliance team member,
Sapphos, to get started on the EIR, even as we are fleshing out the details of the Specific Plan. It will
also allow our mobility and circulation consultant to advise us on the configuration of transportation
facilities within the public realm, including roadways, sidewalk, bicycle facilities, and transit facilities as
necessary. To the extent that the non-CEQA analysis identifies roadway operations deficiencies, GTC will
also help to identify suitable and feasible roadway improvements and identify development milestones
that would trigger the need to implement such improvements.
As we proceed to flesh out the details, we will make certain that the Circulation Plan focuses on detailed
plans for pedestrians, bicycles, transit as well as vehicles, in a way that balances the optimal
requirements for each mode against an overall ideal of creating the most robust, efficient, healthy and
safe plan for all. In regard to Implementation, we will ensure that the Specific Plan has specific
recommended tasks that can be prioritized and placed within a funding framework. It is important to
craft a set of actions that represent, not merely good planning, but good planning that is fundable.
In the Town Center Specific Plan, the Development Standards will take the form of a “Form Based
Code”. Torti Gallas + Partners is experienced in crafting Form-based codes and design guidelines for
Specific Plans in California, for example in Seaside CA, and Santa Monica, CA as well as the Boyle Heights
area of Los Angeles. We’ve also recently completed creating Objective Design Standards in Rancho
Cordova. In addition, we have written legally binding Form Based Codes in Honolulu, HI (Mauka Area
Rules), Wyandanch, NY and Downtown Round Rock, TX, and Westminster, CO among others.
It is also important to keep in mind that during the life of this Plan and code, we are likely to go through
several economic cycles. Private sector programs and paradigms will change. Therefore, integrating the
vision and goals embodied in the Specific Plan into an enforceable and flexible form-based Code is a
fundamental task. How does that code transcend the realities of today’s or tomorrow’s marketplace, to
be useable, and both developer and pedestrian friendly, come what may.
Aside from the sections, identified above, Specific Plans can and often do provide much more
information. Torti Gallas is experienced with the meeting the statutory requirements for Specific Plans,
(dotting the i’s and crossing the t’s) and more importantly, providing the content that that provides a
meaningful path to implementation. For example, in our work for Downtown Redlands (where a
commuter rail station is being planned) and Downtown Santa Monica (where an extension to Metro’s
Expo line has just been completed) we have found that providing a brief history of the area provides a
context for many of the recommendations and policies in the plan. In some communities, a Sustainable
Communities Strategy might be considered. Most importantly, we believe it is necessary to include a
section on Open Space that spells out a strategy for the public realm from sidewalks (streetscapes) to
plazas and parks.
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One of the advantages of the Specific Plan as a regulatory tool is that it also allows for some flexibility,
particularly in land-use designations. Recognizing the disparity between long term life of the Specific
Plan (usually around twenty-years or so), and the capricious, and ever-changing nature of real estate
market cycles, the Specific can provide flexibility in land use, as long as the maximum limits of the most
impactful uses are measured in the EIR. This latter point is also important to recognize. An efficient
Specific Plan process is one in which there is a seamless connection between the crafting of the Plan and
the EIR. We use the term “self-mitigating EIR” to describe our methodology, in that from the beginning
of the process, the project description is key so that programmatic limits are contemplated with an
understanding as to what can be mitigated.
As we go about drafting the Specific Plan, we will have regular check-ins with staff, and will sending draft
chapters for review, so that that when the Administrative Draft plan is submitted, each of the chapters
has been reviewed at least once, and in some cases, several times.
Work Product: Final Project Description and then a Preliminary Draft of the Specific Plan in
electronic format.
Task 9.2: Administrative Draft Specific Plan/Hearing Draft Specific Plan
After staff have had a chance to review and comment on the Preliminary draft, we will revise the
document and produce the Administrative Draft Specific Plan.
Work Product: Administrative Draft of the Specific Plan in electronic format.
Task 9.3: Prepare Screencheck Draft Specific Plan/Hearing Draft Specific Plan
After staff have had a chance to review and comment on the Administrative draft, we will revise the
document and produce the Hearing Draft Specific Plan.
Work Product: Hearing Draft of the Specific Plan in electronic format.
Task 9.4: Planning Commission Hearing
We will prepare for and participate in a public hearing in front of the Planning Commission and respond
to questions as appropriate
Work Product: PowerPoint presentation
Task 9.5: City Council Hearing
We will prepare for and participate in a public hearing in front of the City Council and respond to
questions as appropriate. This task includes one (1) such hearing, but others are available under Task 1.3
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Work Product: PowerPoint presentation
Task 9.6: Prepare Final Specific Plan and Adoption
Provided with edits by Council we will incorporate and provide a final Specific Plan in electronic (PDF)
format for adoption. This task includes one (1) such hearing, but others are available under Task 1.3
Work Product: Final Specific Plan in electronic format
Task 10: Preparation of the General Plan Amendments
As part of our initial efforts, we will review the recently adopted Diamond Bar General Plan 2040 (2019)
in order both to further understand the vision and articulated so recently by the community and to
identify, those areas that may need amendment permit the strategies outlined in the Specific Plan to be
implemented. Given the General Plan was so recently adopted, it is likely that few amendments will be
necessary and those identified will be “tweaks” to the existing narrative, or small additions. Whatever
turns out to be the case, we will create a Checklist to Staff, for Review and Comment.
In past such undertakings the following tweaks were sometimes warranted:
• Revised Development Capacity matrices
• Map adjustments (likely minor)
• Consistency Matrix Adjustments
• Creation of New Zoning Districts to accommodate Form-Based Code
• Add Land use policies where necessary.
• Add concept of Form-Based codes including the Transect of Urbanism
• Adjustments to goals and policies regarding mobility, circulation, parking and streets, sometimes
including new street typologies
After creating the checklist, we will discuss with Staff, and provide suggested narrative changes for Staff
to consider as amendments to the General Plan
Work Product: Checklist of Proposed General Plan Amendments, and Draft Narrative of Proposed
changes to General Plan
Task 11: Environmental Review
The TG+P Team includes Sapphos Environmental, Inc. (Sapphos) to prepare the environmental
documentation in accordance with the California Environmental Quality Act (CEQA) in support of the
proposed Town Center Specific Plan.
Sapphos understands that the General Plan 2040 and Climate Action Plan was accompanied by the
preparation and certification of an Environmental Impact Report (EIR; SCH #2018051066) in accordance
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with CEQA. The certified EIR is a program level analysis of the potential environmental impacts
associated with the General Plan 2040 and Climate Action Plan, which includes goals for the Town
Center area to be reestablished as a mixed-use civic area promoting walkability, retail and dining
destinations, and public spaces. Sapphos will prepare the necessary environmental analysis and
documentation while streamlining the CEQA process by preparing an Addendum or Supplement to the
existing EIR.
To prepare an Addendum, Sapphos will evaluate the 13 issue areas that were analyzed for their
potential for significant effects in the EIR for the City General Plan 2040. As stated in Section 15164 of
the State CEQA Guidelines, “The lead agency or responsible agency shall prepare an addendum to a
previously certified EIR if some changes or additions are necessary but none of the conditions described
in Section 15162 calling for preparation of a subsequent EIR have occurred.” Section 15162 of the State
CEQA Guidelines and Section 21166 of the California Public Resources Code describe the three
conditions which would require the preparation of a supplemental or subsequent EIR:
1. Substantial changes are proposed in the project which will require major revisions of the
environmental impact report due to new or substantially more severe environmental effects;
2. Substantial changes occur with respect to the circumstances under which the project is being
undertaken which will require major revisions in the environmental impact report; or
3. New information, which was not known and could not have been known at the time the
environmental impact report was certified as complete, becomes available.
Since adoption of the City General Plan 2040 in 2019, there have not been substantial changes with
respect to the circumstances nor new information presented. However, should the Town Center Specific
Plan result in new or increased environmental effects to issue areas that were not evaluated in the EIR
for the City General Plan 2040, Sapphos would prepare an Initial Study evaluating all twenty issue areas
in the 2022 State CEQA Guidelines and a Supplemental EIR.
Therefore, Sapphos proposes the option to prepare either an Addendum or a Supplement to the EIR.
Preparation of an Addendum to the EIR (Option A) assumes that the Town Center Specific Plan would
not result in new or substantially more severe impacts that could not be reduced by mitigation, beyond
those that were evaluated in the EIR for the City General Plan 2040. Should additional issue areas
require analysis, an Initial Study and Supplemental EIR would be prepared (Option B). Under both
options, Native American Outreach and Consultation (Task 5) would be required.
A brief description of the scope of work is provided herein that provides options for an Addendum or a
Supplement to the certified Final EIR for the City’s General Plan 2040 and Climate Action Plan, in support
of the Town Center Specific Plan.
OPTION A: ADDENDUM TO THE EIR
Task 11-A-1 – Initiation and Addendum to the EIR
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Upon receiving a description of the proposed plans, as well as relevant project data and technical
studies, Sapphos will provide a draft proposed Project Description for discussion Additionally, Sapphos
will provide an Annotated Outline of the Addendum to the EIR for discussion of the environmental
document. The revisions to the draft Project Description will be included in the submittal of the First
Screen Check Addendum to the EIR.
Sapphos Environmental, Inc. will prepare an Addendum EIR pursuant to Section 15164 of the State CEQA
Guidelines. The Addendum EIR will include the following sections:
• Cover Page
• Table of Contents
• 1.0 Introduction
• 2.0 Project Description
• 3.0 Environmental Analysis
• 4.0 References
• 5.0 Preparation
• Appendix: Mitigation Monitoring and Reporting Plan
Sapphos will coordinate with the City and TG+P, assess the potential for the Town Center Specific Plan to
result in significant impacts beyond the impacts identified and mitigated for in the certified EIR, and
develop new mitigation measures, if required. Sapphos will conduct the necessary research, field
surveys, and analyses as required to prepare the Addendum. Sapphos will coordinate with the City and
Torti Gallas regarding any existing studies, data, and/or additional investigations by the City, or other
contractors hired by City, to ensure that Sapphos has the most recent information on environmental
conditions for the proposed project. The City and Torti Gallas will provide Sapphos with available
existing studies pertinent to the preparation of the Addendum.
The impact analysis (Section 3.0, Environmental Analysis) would address each of the 13 environmental
issue areas that were evaluated in the certified EIR:
1. Aesthetics
2. Air Quality
3. Biological Resources
4. Cultural, Historic, and Tribal Cultural Resources
5. Energy, Climate Change, and Greenhouse Gases
6. Geology, Soils, and Seismicity
7. Hazards, Hazardous Materials, and Wildfire
8. Hydrology and Water Quality
9. Land Use and Housing
10. Noise
11. Public Facilities and Recreation
12. Transportation
13. Utilities and Service Systems
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Consistent with the most recent 2022 State CEQA Guidelines, the Cultural Resources, Tribal Cultural
Resources, Energy, Greenhouse Gas Emissions, Hazards and Hazardous Materials, and Wildfire sections
will be evaluated as separate environmental issue areas, resulting in the analysis of 16 total issue areas.
Additionally, Sapphos will conduct the analysis using the updated questions for all environmental issue
areas per Appendix G of the 2022 State CEQA Guidelines.
For each of the environmental issue areas, the analysis will include an explanation of how the conclusion
was reached, including the methodology, most recent regulatory requirements, and new or updated
mitigation measures from the certified EIR to help reduce adverse impacts to below the level of
significance.
A First Screen Check Addendum EIR will be submitted to the City and TG+P for review and comment.
Sapphos will respond to one (1) consolidated set of comments from the City and one (1) consolidated
set of comments from TG+P and submit a Second Screen Check Addendum EIR for verification of
response to comments. Sapphos will conduct a galley proof meeting via teleconference or virtual
meeting to verify that all comments have been adequately addressed. After incorporating any additional
revisions from the galley proof meeting, Sapphos will submit the Addendum EIR to the City and TG+P
Sapphos will submit a draft Notice of Determination (NOD) and Notice of Completion (NOC) to the City
for review concurrent with the Second Screen Check Addendum EIR. Sapphos will revise the NOD and
NOC in response to one (1) compiled set of comments from the City. Following approval of the project,
Sapphos will submit the final NOD and NOC to the City for signature. Sapphos will file the NOD with the
County Clerk. The NOC must be submitted to the State Clearinghouse by the lead agency, unless the
lead agency designates a third party. Sapphos will file with the State Clearinghouse if so designated.
Work Products
• One (1) electronic copy in PDF of the project initiation meeting agenda
• One (1) electronic copy in PDF of a draft Project Description and Annotated Outline of the
Addendum to the EIR
• One (1) electronic copy in PDF of the Project Initiation Meeting MFR to meeting attendees
• One (1) electronic copy in Microsoft Word and one (1) electronic copy in Portable Document
Format (PDF) of the First Screen Check Addendum to the EIR
• One (1) electronic copy in Microsoft Word and one (1) electronic copy in PDF of the Second
Screen Check Addendum to the EIR
• Galley proof meeting
• One (1) electronic copy in PDF of the Addendum to the EIR
• One electronic copy in PDF of the draft NOC and NOD
• One (1) electronic copy in PDF of the NOC and NOD
Task 11-A-2 Native American Outreach and Consultation (SB 18/AB52)
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Sapphos will provide AB 52 support to the City to meet AB 52/SB 18 consultation requirements. The goal
of tribal Consultation is to:
(1) Obtain necessary information in order to preserve the options of avoidance of cultural resources or
preservation in place -early in the planning process.
(2) Build working relationships with tribes that are traditionally/culturally affiliated with the project
area; and
(3) Avoid inadvertent discoveries of Native American burial sites and coordinate with tribes in advance
to determine the appropriate mitigation measures for treatment and disposition if burial sites are
inadvertently discovered.
Sapphos understands that environmental documents cannot be released until AB 52/SB 18 consultation
has been initiated, and environmental documents cannot be certified until consultation, if initiated, has
concluded. Consultation is concluded when either of the following occurs:
(a) The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists to
a tribal resource; or
(b) A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot
be reached.
In accordance with AB 52/SB 18 Tribal Consultation Procedural Requirements, Sapphos understands that
any information submitted by a California Native American tribe during the environmental review
process shall not be included in the environmental review document or otherwise disclosed, consistent
with Govt. Code Sections 6254(r) and 6254.10.a Sapphos and the City will maintain the confidentiality of
the information exchanged and shall not disclose the information to a third party.
Sapphos will prepare a draft AB 52/SB 18 Consultation Letter for review by the City. Sapphos will
respond to one (1) round of comment and submit the AB 52/SB 18 Consultation Letter to the City for
transmittal to identified Tribal representatives.
A Sapphos cultural resources specialist will participate with the City in a subsequent Tribal Consultation
Meeting. Sapphos will prepare an agenda for the meeting.
After the meeting, Sapphos will submit one (1) electronic copy in MS Word and PDF of a draft AB 52
Tribal Consultation Meeting Memorandum for the Record (memo) documenting the discussion,
information presented, and conclusions of the meeting. The purpose of the MFR is to document what
efforts were made, which resolutions were made and, if resolution is not possible, why it is not possible.
Sapphos will revise the memo in response to comments from the City and Tribal representatives and
submit one (1) electronic copy in PDF of the final memo to the City.
Work Products
a Robinson, Terrie L. Native American Heritage Commission. October 2015. Tribal Consultation Under AB 52: Requirements
and Best Practices. Available at: http://nahc.ca.gov/wp-content/uploads/2015/10/AB52TribalConsultation_CalEPAPDF.pdf
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• One (1) electronic copy in MS Word and PDF of the draft AB 52 Consultation Letter
• One (1) electronic copy in PDF of the AB 52/SB 18 Consultation Letter
• Participation in one (1) AB 52/SB 18 Tribal Consultation Meeting
• One (1) electronic copy in MS Word and PDF of Screen Check AB 52/SB 18 Tribal Consultation
Meeting Memo
• One (1) electronic copy in PDF of final AB 52/SB 18 Tribal Consultation Meeting Memo
OPTION B SUPPLEMENTAL EIR
Task 11B-1: Initiation and Initial Study
Upon receiving a description of the proposed plans, as well as relevant project data and technical
studies, Sapphos will provide a draft proposed Project Description for discussion Additionally, Sapphos
well create a draft proposed Project Description for discussion at this meeting using available data and
assumptions. Additionally, Sapphos will provide an Annotated Outline of the Addendum to the EIR for
discussion of the environmental document.
Following the project initiation meeting, Sapphos will send the City and TG+P a Memorandum for the
Record (MFR) documenting the results of the project initiation meeting.
The revisions to the draft Project Description will be included in the submittal of the First Screen Check
Initial Study
Sapphos will prepare an Initial Study in compliance with Section 15063 of the State CEQA Guidelines
analyzing the Town Center Specific Plan. The potential environmental impacts associated with all phases
of the proposed plan will be evaluated in the Initial Study, including implementation of the plan and
potential changes to the buildout assumptions that were originally included in the General Plan 2040.
The Initial Study will evaluate the effects of the proposed plan on the twenty (20) environmental issue
areas using the questions identified in Appendix G of the 2022 State CEQA Guidelines, unless the City
provides its own environmental checklist form during project kickoff.
1. Aesthetics
2. Air Quality
3. Agriculture and Forestry Resources
4. Biological Resources
5. Cultural Resources
6. Energy
7. Geology and Soils
8. Greenhouse Gas Emissions
9. Hazards and Hazardous Materials
10. Hydrology and Water Quality
11. Land Use and Planning
12. Mineral Resources
13. Noise
14. Population and Housing
15. Public Services
16. Recreation
17. Transportation
18. Tribal Cultural Resources
19. Utilities and Service Systems
20. Wildfire
7.1.a
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For each of the 20 environmental issue areas, the Initial Study will include an explanation of how the
conclusion was reached, including the methodology, relevant regulatory requirements, and substantial
evidence. Sapphos will characterize the baseline conditions as relevant to each question in the
environmental checklist form and evaluate the potential for the proposed plan to result in changes to
the existing conditions. Sapphos will review complete a desktop review of the applicable federal, state,
and local regulations, policies, plans, and programs; relevant data, maps, and technical studies; and
records searches. Sapphos will conduct site visits as necessary to characterize the baseline conditions.
As part of this effort, Team member GTC, will estimate trip generation and distribution patterns
associated with the Specific Plan land use and circulation plan. They will then work with a third-party
firm (Iteris) to obtain VMT data for the region, with and without the Specific Plan in place, using the
SCAG Model. GTC will analyze the results for potentially significant VMT impacts under CEQA.
GTC will also conduct other required CEQA analysis as necessary. One analysis will determine the
Specific Plan’s consistency with other adopted policies, plans, ordinances, and programs within the City.
Another will ensure that the design of the circulation plan conforms to best practices regarding road
safety and would not impede emergency vehicle access.
If the CEQA analyses identify any significant impacts, GTC will work with TG+P and City staff to (a)
identify any feasible changes to the Specific Plan that may reduce the impacts, and (b) identify any
feasible mitigation measures that would reduce the impacts. Similarly, if the non-CEQA analyses identify
any operational problems, GTC will identify traffic improvements to reduce the problems.
The issue areas identified in the Initial Study as those which have the potential to result in a significant
adverse impact would be carried forward for detailed analysis and assessment of mitigation measures as
a refined scope in the Supplemental EIR.
A First Screen Check Initial Study will be submitted to the City and TG+P for review and comment.
Sapphos will respond to one (1) consolidated set of comments from the City and one (1) consolidated
set of comments from TG+P, and submit a Second Screen Check NOP and Initial Study for verification of
response to comments. Following the Second Screen Check, Sapphos will incorporate the final revisions
into the Public Review Initial Study and submit it to the City and TG+P for public distribution. Sapphos
will produce up to ten (10) hard copies of the Public Review Initial Study for distribution to the City and
local libraries.
Sapphos will prepare a Notice of Preparation (NOP) of a Supplemental EIR to be submitted with the
Initial Study. Sapphos will provide the City and Torti Gallas with one (1) electronic copy in PDF of the
draft NOP and draft Notice of Completion (NOC) for review and comment, concurrently with the Second
Screen Check Initial Study. The City and Torti Gallas will provide Sapphos with one (1) composite set of
comments on the draft NOP and draft NOC. Sapphos will finalize the NOP and NOC for distribution.
Sapphos will file the NOP with the County Clerk. The NOC, NOP, and Initial Study must be submitted to
the State Clearinghouse by the lead agency, unless the lead agency designates a third party. Sapphos will
file the NOC if so designated.
7.1.a
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Sapphos will publish an abbreviation version of the NOP in a local newspaper for widespread
distribution and prepare one (1) weatherized, poster-sized copy of the NOP for on-site positing in the
Town Center. Sapphos will distribute up to 100 hard copies of the NOP via certified mail to applicable
stakeholders as identified by the City. Given the city-wide scope of the project, Sapphos assumes that
the City will not utilize direct mail for distribution of the NOP to property owners.
Sapphos will participate in one (1) of the scheduled community scoping meeting to provide CEQA
support for the Town Center Specific Plan. Sapphos will prepare CEQA presentation slides and materials
for the community meeting as requested by the City and Torti Gallas. The meeting will be attended by
the Sapphos President, Project Manager, and an additional technical team member.
Work Products
• One (1) electronic copy in PDF of the project initiation agenda to meeting attendees
• One (1) electronic copy in PDF of a draft Project Description and Annotated Outline
• One (1) electronic copy in PDF of the Project Initiation Meeting MFR
• One (1) electronic copy in Microsoft Word and one (1) electronic copy in PDF of the First Screen
Check Initial Study
• One (1) electronic copy in Microsoft Word and one (1) electronic copy in PDF of the Second
Screen Check Initial Study
• Galley proof meeting
• One (1) electronic copy in PDF and up to ten (10) hard copies of the Initial Study
• One (1) electronic copy in PDF of the draft NOC and NOP
• One (1) electronic copy in PDF of the final NOC and NOP
• Publication of the NOP in local newspapers
• One (1) weatherized poster-sized copy of the NOP to be posted on site
• Up to one hundred (100) hard copies of the NOP distributed via certified mail
• One (1) set of Community Meeting CEQA Presentation slides in PDF
• Participation in one (1) Community Meeting
Task 11B-2 Draft Supplemental EIR
Sapphos will prepare a Draft Supplemental EIR (SEIR) for the proposed plan. The Draft SEIR will contain
the following sections:
• Cover Page
• Table of Contents
• Executive Summary
• 1. Introduction
• 2. Project Description
• 3. Environmental Analysis
• 4. Alternatives Analysis
• 5. CEQA Required Conclusions
7.1.a
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• 6. Preparers
• 7. References
In addition, any technical studies provided by the City and Torti Gallas to support the environmental
analysis will be included as appendices to the Draft SEIR.
A First Screen Check Draft SEIR will be submitted to the City and TG+P for review and comment. Sapphos
will respond to one (1) consolidated set of comments from the City and one (1) consolidated set of
comments from TG+P, and submit a Second Screen Check Draft SEIR for verification of response to
comments. Following incorporation of any comments, a galley proof will be held via teleconference to
verify that all comments have been adequately addressed. After incorporating revisions from the galley
proof, and the Draft SEIR will be submitted to the City for public review. Sapphos will produce up to ten
(10) hard copies of the Draft SEIR to distribute to the City and local libraries.
Notices
Sapphos will prepare a Notice of Availability (NOA) of a Supplemental EIR to be submitted with the Draft
Supplemental EIR. Sapphos will provide the City and TG+P with one (1) electronic copy in PDF of the
draft NOA and draft NOC for review and comment, concurrently with the Second Screen Check Draft
Supplemental EIR. The City and Torti Gallas will provide Sapphos with one (1) composite set of
comments on the draft NOA and draft NOC. Sapphos will finalize the NOA and NOC for distribution.
Sapphos will file the NOA with the County Clerk. The NOC, NOA, and Draft Supplemental EIR must be
submitted to the State Clearinghouse by the lead agency, unless the lead agency designates a third
party. Sapphos will file with the State Clearinghouse if so designated.
Sapphos will publish an abbreviation version of the NOA in a local newspaper for widespread
distribution and prepare one (1) weatherized, poster-sized copy of the NOA for on-site positing in the
Town Center. Sapphos will distribute up to 100 hard copies of the NOA via certified mail to applicable
stakeholders as identified by the City. Given the city-wide scope of the project, Sapphos assumes that
the City will not utilize direct mail for distribution of the NOA to property owners.
Work Products
• One (1) electronic copy in Microsoft Word and one (1) electronic copy in PDF of the First Screen
Check Draft SEIR
• One (1) electronic copy in Microsoft Word and one (1) electronic copy in PDF of the Second
Screen Check Draft SEIR
• Galley proof meeting
• One (1) electronic copy in PDF and up to ten (10) hard copies of the Draft SEIR
• One (1) electronic copy in PDF of the draft NOC and NOA
• One (1) electronic copy in PDF of the final NOC and NOA
• Publication of the NOA in local newspapers
• One (1) weatherized poster-sized copy of the NOA to be posted on site
• Up to one hundred (100) hard copies of the NOA distributed via certified mail
7.1.a
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Task 11B-3 Final Supplemental EIR
At the close of the 45-day review period for the Draft SEIR, the City will provide Sapphos with all public
comments received. Sapphos will review the letters of comment received and organize them by the
source of comments: Federal, State, Regional, Local, Organizations, and Individual stakeholders.
Sapphos will bracket and number each comment in the letters. Sapphos will group the comments in
topical areas and develop proposed responses. Sapphos will respond to up to twenty-five (25) individual
substantive comments. If a larger number of substantive comments are received, a contract amendment
could be required. Sapphos will prepare the response to comments to be distributed to all relevant
regulatory oversight agencies. Coordination will be undertaken with the City and Torti Gallas in the
preparation of responses to the comments received on the Draft SEIR. The format of the Final SEIR will
feature a section for Response to Comments and a section for Clarifications and Revisions to the Draft
SEIR developed as a result of the public review period and letters of comment.
Additionally, Sapphos will prepare the Mitigation Monitoring and Reporting Program (MMRP) and draft
Findings of Fact (FOF) and, if needed, Statement of Overriding Considerations (SOC). The MMRP will be
designed to ensure compliance with mitigation. In coordination with the City, the MMRP will be
prepared for mitigation measures that address significant impacts or are proposed to be adopted as
conditions of approval. The MMRP will include alternatives that will (1) eliminate adverse impacts
requiring mitigation and provide recommended mitigation measures, (2) identify the net unmitigated
adverse impacts, (3) identify the responsible implementation agency, and (4) identify the enforcement
agency, monitoring agency, and monitoring phase. A draft FOF/SOC will be prepared to allow the
decision maker to balance the benefits of the proposed project against the unavoidable environmental
impacts. Written documentation of specific reasons that lead to an action being adopted in spite of net
significant environmental impacts will be provided. Specific reasons are derived from environmental
documentation and other information available in the administrative record for the proposed project.
The draft FOF/SOC will be finalized by the City and documented in the Notice of Determination for the
proposed project.
A First Screen Check Final SEIR, MMRP, and FOF/SOC will be submitted to the City and Torti Gallas for
review and comment. Any comments on the First Screen Check Final SEIR, MMRP, and FOF/SOC will be
expected two (2) weeks following the submittal of the First Screen Check. Sapphos will respond to one
(1) consolidated set of comments from the City and one (1) consolidated set of comments from Torti
Gallas, and submit a Second Screen Check Final SEIR, MMRP, and FOF/SOC for verification of response to
comments. Following incorporation of any comments, a galley proof will be held via teleconference to
verify that all comments have been adequately addressed on the Final SEIR, MMRP, and FOF/SOC. Upon
completion of the galley proof meeting, Sapphos will provide one (1) electronic copy in PDF of the Final
SEIR and MMRP to the City and Torti Gallas. Sapphos will provide one (1) electronic copy of the FOF/SOC
in Microsoft Word format to the City and Torti Gallas.
NOD
7.1.a
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Sapphos will submit a draft Notice of Determination (NOD) to the City for review concurrent with the
second screen check Final SEIR submittal. Sapphos Environmental, Inc. will revise the NOD in response
to one (1) compiled set of comments from the City. Following approval of the project, Sapphos will
submit the final NOD to the City for signature. Sapphos will file the NOD with the County Clerk. The NOD
and NOC must be submitted to the State Clearinghouse by the lead agency, unless the lead agency
designates a third party. Sapphos will file with the State Clearinghouse if so designated.
Work Products
• One (1) electronic copy in PDF and Microsoft Word format of the First Screen Check Final SEIR,
MMRP, and FOF/SOC to the City and Torti Gallas
• One (1) electronic copy in PDF and Microsoft Word of the Second Screen Check Final SEIR,
MMRP, and FOF/SOC to the City and Torti Gallas
• Galley proof meeting
• One (1) electronic copy in PDF of the Final SEIR and MMRP
• One (1) electronic copy in Word format of the FOF/SOC
• One (1) electronic copy in PDF of the draft NOD and NOC
• One (1) electronic copy in PDF of the final NOD and NOC
Task 11B-4 Native American Outreach and Consultation (SB 18/AB52)
The goal of tribal Consultation is to:
(1) Obtain necessary information in order to preserve the options of avoidance of cultural resources or
preservation in place early in the planning process;
(2) Build working relationships with tribes that are traditionally/culturally affiliated with the project
area; and
(3) Avoid inadvertent discoveries of Native American burial sites and coordinate with tribes in advance
to determine the appropriate mitigation measures for treatment and disposition if burial sites are
inadvertently discovered.
Sapphos will provide AB 52 support to the City to meet AB 52/SB 18 consultation requirements. Sapphos
understands that environmental documents cannot be released until AB 52/SB 18 consultation has been
initiated, and environmental documents cannot be certified until consultation, if initiated, has
concluded. Consultation is concluded when either of the following occurs:
(c) The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists to
a tribal resource; or
(d) A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot
be reached.
In accordance with AB 52/SB 18 Tribal Consultation Procedural Requirements, Sapphos understands that
any information submitted by a California Native American tribe during the environmental review
7.1.a
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process shall not be included in the environmental review document or otherwise disclosed, consistent
with Govt. Code Sections 6254(r) and 6254.10.2 Sapphos and the City will maintain the confidentiality of
the information exchanged and shall not disclose the information to a third party.
Sapphos will prepare a draft AB 52/SB 18 Consultation Letter for review by the City. Sapphos will
respond to one (1) round of comment and submit the AB 52/SB 18 Consultation Letter to the City for
transmittal to identified Tribal representatives.
A Sapphos cultural resources specialist will participate with the City in a subsequent Tribal Consultation
Meeting. Sapphos will prepare an agenda for the meeting.
After the meeting, Sapphos will submit one (1) electronic copy in MS Word and PDF of a draft AB 52
Tribal Consultation Meeting Memorandum for the Record (memo) documenting the discussion,
information presented, and conclusions of the meeting. The purpose of the MFR is to document what
efforts were made, which resolutions were made and, if resolution is not possible, why it is not possible.
Sapphos will revise the memo in response to comments from the City and Tribal representatives and
submit one (1) electronic copy in PDF of the final memo to the City.
Work Products
• One (1) electronic copy in MS Word and PDF of the draft AB 52 Consultation Letter
• One (1) electronic copy in PDF of the AB 52/SB 18 Consultation Letter
• Participation in one (1) AB 52/SB 18 Tribal Consultation Meeting
• One (1) electronic copy in MS Word and PDF of Screen Check AB 52/SB 18 Tribal Consultation
Meeting Memo
• One (1) electronic copy in PDF of final AB 52/SB 18 Tribal Consultation Meeting Memo
2 Robinson, Terrie L. Native American Heritage Commission. October 2015. Tribal Consultation Under AB 52: Requirements
and Best Practices. Available at: http://nahc.ca.gov/wp-content/uploads/2015/10/AB52TribalConsultation_CalEPAPDF.pdf
7.1.a
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Cost Summary: Diamond Bar Town Center Specific Plan: 22-04-14
Task
Torti Gallas +
Partners Sapphos Gibson
Transportation SALT Consensus KPFF RCLCo TOTALS
Task 1 General Services, Kickoff and Project Management $52,900 $4,820 $1,200 $9,920 $2,000 $2,000 $3,200 $76,040
Task 1.1 Prepare for and attend Kick-off Meeting, Site Visit $3,400 $1,200 $1,200 $2,720 $2,000 $1,600 $12,120
Task 1.2 Project Management $32,000 $3,620 $3,200 $38,820
Task 1.3 Up to seven (7) additional public meetings (over and aboe 9.4 and 9.5) $17,500 $4,000 $2,000 $1,600 $25,100
Task 2 Community Engagement Strategy $28,500 $0 $3,750 $7,000 $73,500 $2,000 $0 $114,750
Task 2.1 Strategy and Story Development $12,500 $12,500
Task 2.2 Communications Platform and Public Information Material $17,500 $17,500
Task 2.3 Project Microsite $8,500 $8,500
Task 2.4 Key Stakeholder Interviews $3,500 $10,000 $13,500
Task 2.5 Community Meetings and 4 1/2 day charrette $25,000 $3,750 $7,000 $25,000 $2,000 $62,750
Task 3 Market Demand and Fiscal Analysis $0 $0 $0 $0 $0 $56,520 $56,520
Task 3.1 Market Demand $42,640 $42,640
Task 3.2 Fiscal Analysis $13,880 $13,880
Task 4 Existing Conditions and Local and Regional Plans $18,000 $0 $5,340 $11,055 $0 $12,000 $8,560 $54,955
Task 4 Existing Conditions and Local and Regional Plans $18,000 $5,340 $11,055 $12,000 $8,560 $54,955
Task 5 Oppportunities and Constraints $8,750 $0 $4,920 $3,170 $0 $0 $0 $16,840
Task 5 Opportunities and Constraints $8,750 $4,920 $3,170 $16,840
Task 6 Land Use and Specific Plan Alternatives $25,000 $0 $5,100 $10,470 $0 $6,300 $0 $46,870
Task 6 Land Use and Specific Plan Alternatives $25,000 $5,100 $10,470 $6,300 $46,870
Task 7 Preferred Alternative $18,500 $0 $5,200 $6,830 $0 $11,700 $0 $42,230
Task 7 Preferred Alternative $18,500 $5,200 $6,830 $11,700 $42,230
Task 8 Infrastructure and Public Realm Improvements $4,900 $0 $780 $20,430 $0 $27,000 $0 $53,110
Task 8 Infrastructure and Public Realm Improvements $4,900 $780 $20,430 $27,000 $53,110
Task 9 Preparation of the Specific Plan $124,000 $4,000 $2,400 $0 $0 $0 $3,200 $133,600
Task 9.1 Preliminary Draft Specific Plan $76,000 $76,000
Task 9.2 Administrative Draft Specific Plan $17,500 $17,500
Task 9.3 Hearing Draft Specific Plan $18,000 $18,000
Task 9.4 Planning Commission Hearings $7,500 $2,000 $1,200 $1,600 $12,300
Task 9.5 City Council Hearings $2,500 $2,000 $1,200 $1,600 $7,300
Task 9.6 Final Specific Plan and Adoption $2,500 $2,500
Task 10 Preparation of General Plan Ammendments $19,000 $0 $0 $0 $0 $0 $0 $19,000
Task 10 Preparation of General Plan Ammendments $19,000 $19,000
Task 11A Environmental Review - Option A $0 $37,660 $25,710 $0 $0 $0 $0 $63,370
Task 11.A.1 Initiation and Addendum to the EIR $32,900 $25,710 $58,610
Task 11.A.2 Native America Outreach and Consultation $4,760 $4,760
Sub -Totals with CEQA Option A $299,550 $46,480 $54,400 $68,875 $75,500 $61,000 $71,480 $677,285
Direct Expenses $9,500 $3,589 $14,575 $1,600 $8,500 $5,700 $43,464
TOTAL with CEQA Option A $309,050 $50,069 $68,975 $70,475 $84,000 $61,000 $77,180 $720,749
Task 11B Environmental Review - Option B $14,300 $141,000 $2,460 $157,760
Task 11.B.1 Initiation and Initial Study $53,080 $78,790
Task 11.B.2 Draft Supplemental EIR $48,350 $48,350
Task 11.B.3 Final Supplementatl EIR $31,905 $2,460 $34,365
Task 11.B.4 Native America Outreach and Consultation $4,760 $4,760
Task 11.B Option B Project Management and Review $14,300 $2,905 $17,205
Sub -Totals with CEQA Option B (less Option A for Sapphos) $323,350 $149,820 $71,435 $837,260
Direct Expenses $23,245 $150 $23,395
TOTAL with CEQA Option B $323,350 $173,065 $71,585 $860,655
Summary of Costs
7.1.aPacket Pg. 243
Agenda #: 7.2
Meeting Date: May 3, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: WASTE MANAGEMENT RATE INCREASE TO ESTABLISH AN NEW
SB1383 RESIDENTIAL SERVICE
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Provide direction for staff to prepare an Amendment to the Waste Management
Franchise Agreement for council consideration establishing a residential organic
program and memorialize the changes to the rates and/or terms of service with the first
rate increase of $2.22 effective July 1, 2022 and the second increase of $2.23 effective
July 1, 2023.
FINANCIAL IMPACT:
No financial impact.
BACKGROUND:
Senate Bill (SB) 1383 is bringing about significant changes in the way residents,
businesses, and municipalities will handle waste and recyclables, especially organics
(including food waste). These changes in law will result in a change in scope from the
current franchise agreement to memorialize new services and programs in order to
comply with SB 1383.
In 2021, Governor Newsom signed SB 619 (Laird) into law to support local governments
as they design and implement successful organic waste recycling programs throughout
the state. The law authorizes CalRecycle to waive civil penalties if a jurisdiction submits
a Notification of Intent to Comply for some or all of the regulatory requirements. With the
passage of SB 619, the State allows for an extension for jurisdictions for the
implementation of SB 1383 and provides relief from potential penalties for the 2022
calendar year. On March 1, 2022 the City Council adopted a resolution as a formal
Notification of Intent to participate in SB 619.
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The current amended and restated Solid Waste Franchise Agreement (“Agreement”)
with Waste Management is in place until August 31, 2023. Pursuant to the terms of
Article 6 Section 6.3 Schedule of Future Adjustments, Waste Management submitted a
request to adjust rates by 5.34% (Attachment 1). The annual rate adjustment is based
upon a formula factoring in changes to the Consumer Price Index (CPI) for All Urban
Consumers (all items less food and energy) and other changes in the following cost
categories including: labor, fuel, equipment, disposal, transport and transfer. This
increase is consistent with the terms of the Agreement, and not subject to City Council
approval. The annual request for a CPI increase, consistent with the terms of the
Agreement, is approved administratively by the City Manager.
In addition to the CPI adjustment, and pursuant to the terms of Article 6 Section 6.5
Extraordinary Adjustments, Waste Management submitted an extraordinary rate
adjustment (Attachment 2) to cover the increased costs associated with SB1383. As
part of the standard service, residential customers are provided three, 64-gallon, carts
to collect recyclables, trash, and green waste. Waste Management is proposing to
utilize the existing green cart to comingle organic waste, taking away the necessity and
expense of an additional fourth cart. To cover the cost of a new SB1383 program, the
extraordinary rate adjustment represents a monthly increase of $4.45 to the standard
three cart service, 64-gallon, cart rate. Waste Management is proposing a two-phase
implementation, with the first increase of $2.22 effective July 1, 2022, and a second
increase in the amount of $2.23 effective July 1, 2023.
ANALYSIS:
The cost to process, transport, and compost organics has increased over time, with the
most impact to green waste recycling. Previously, the green waste from Diamond Bar
was collected and transported to either Azusa or the City of Industry for processing. In
order to comply with the new legislation the debris would be recycled into compost at
the South Valley Composting facility in Tulare, California. The largest cost component in
the rate increase is related to the increased cost to process comingled green waste and
organic waste. The processing costs increase from $58.16 per ton, to $119.26 per ton.
The increase submitted by Waste Management may be broken down as follows:
Cost Component Increase
Smart Truck Monitoring Equipment, $0.12
Data Collection, Auditors, Drivers $0.30
Green Waste Processing $3.42
Franchise Fee $0.23
Profit Margin $0.38
Total Increase $4.45
To help offset the proposed rate increase, Waste Management is proposing a two-
phase implementation. For the first phase an increase of $2.22 would be effective as of
July 1, 2022, and a second increase in the amount of $2.23 would be effective July 1,
2023. It is important to note that the program would not increase the rates for multi-
family/HOA residents. Waste Management is developing a different approach to
7.2
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address unique issues related to space constraints and low generation of green waste.
The phased in approach does not change the current contract expiration date of August
2023. The total cost impact to the residential rates is shown in the following table:
Proposed Monthly Organic Rates (Phased In)
Effective July 1, 2022 thru June 30, 2023 for Residential Cart Services:
Size of
Container
Current
Rate
CPI
Increase
5.34%
Proposed
SB1383
Organic
Increase
3.38%
Proposed
Monthly
Rate
Standard Rates
35-gallon $24.72 $1.32 $1.81 $27.85
64-gallon $30.46 $1.63 $2.22 $34.31
96-gallon $36.55 $1.95 $2.67 $41.17
Senior
Discount
35-gallon $21.27 $1.14 $1.56 $23.97
64-gallon $26.27 $1.40 $1.92 $29.59
96-gallon $31.33 $1.67 $2.29 $35.29
A comparison to industry benchmarks and other similar jurisdictions was conducted as
part of this research. It should be noted that each agency’s agreement contains unique
contractual provisions, payments, and policies that result in different rates. These
unique features make it extremely difficult to make an apples-to-apples comparison
between agencies. For example, Diamond Bar’s agreements provide residents with a
wide variety of refuse, recycling, and environmental services programs at little or no
cost (At Your Door Special Collection, free Sharps Disposal, free Backyard Services for
disabled residents and senior discounts) whereas other agencies may choose to
subsidize or not offer such programs. Similarly, Diamond Bar has chosen to collect a
franchise fee while others have other local funding sources (malls, auto dealerships,
racetracks, etc.) to make up the difference.
The survey sample took eight (8) San Gabriel Valley cities to compare approved organic
rates. The rates below represent the standard 64-gallon cart, and include an increase
for an organic program:
City Provider Monthly Rate
64-gallon
Arcadia Waste Management $28.63
Diamond Bar Waste Management $34.31
Includes the organic increase
El Monte Valley Vista Services $31.49
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On a much broader scale, the Los Angeles County Department of Public Works recently
released a Survey of Solid Waste Rates and Services in March 2022 (Attachment 3).
The survey obtained rates (as of July 1,2021), from the 88 incorporated cities of Los
Angeles County. Out of 88 cities, only 20 have an adopted rate for organics. An excerpt
of the rate survey is summarized in the following table:
Rate Categories # of
Cities
Rates under $20/ per month 9
Rates between $20-$30 per month 35
Rates between $30-$40 per month 18
Rates between $40-$60 per month 15
Rates between $90+ per month 2
LEGAL REVIEW:
The City Attorney has reviewed this item.
La Puente Valley Vista Services $31.61
La Verne Waste Management $26.80
Glendora Waste Management $39.93
****Residents supply own
containers 10 max
Monrovia Athens $36.47
San Dimas Waste Management $32.79
Walnut Valley Vista $27.82
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.2.a Rate Adjustment for Consumer Price Index (CPI) March 31, 2022
2. 7.2.b SB1383 Waste Management Rate Adjustment
3. 7.2.c LA County Solid Waste Survey-March 11, 2022
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7.2.aPacket Pg. 249
WASTE MANAGEMENT - Diamond Bar2021-2022 Diamond Bar Price Increase Calculations: Residential (per Exhibit 2)Methodology and weighting per section 6.4.2ABCRow Adjustment Factor Index Old Index Value New Index ValuePercent Change In Index ((Column B/Column A)-1)1 Labor (1) $24.05 $26.85 11.64%2 Fuel (2) 187.26 230.2 22.95%3 Equipment (3) 152.28 153.5 0.82%4 Disposal (4) 143.25 149.9 4.67%5 Transfer and Transport (5) 498.70 522.3 4.74%5 All Other (6) 282.39 288.8 2.27%EFGRow Adjustment Factor IndexCost Factor Category Weighted as a % of Component Total (6)Percent Change in Index (from Column C)Total Weighted Percentage Change6 Labor (1) 25.3% 11.64% 2.94%7 Fuel (2) 2.7% 22.95% 0.63%8 Equipment (3) 15.4% 0.82% 0.13%9 Disposal (4) 8.6% 4.67% 0.40%5 Transfer and Transport (5) 6.2% 4.74% 0.29%10 All Other (6) 41.8% 2.27% 0.95%11 Total 100.0% 5.34%HIJKRow Adjustment Factor Existing Contractor RateTotal Weighted Percentage Change (from Column G, Row 13)Rate Increase or Decrease (Column H x Column I)Adjusted Rate (Column H + Column J)12 Standard service with 35-gallon refuse cart $24.72 5.34% $1.32 $26.0413 Standard service with 64-gallon refuse cart $30.46 5.34% $1.63 $32.0914 Standard service with 96-gallon refuse cart $36.55 5.34% $1.95 $38.5015 Senior service with 35-gallon refuse cart $21.27 5.34% $1.14 $22.4116 Senior service with 64-gallon refuse cart $26.27 5.34% $1.40 $27.6717 Senior service with 96-gallon refuse cart $31.33 5.34% $1.67 $33.0018 Additional 35-gallon refuse cart $7.73 5.34% $0.41 $8.1419 Additional 64-gallon refuse cart $11.58 5.34% $0.62 $12.2020 Additional 96-gallon refuse cart $15.48 5.34% $0.83 $16.3121 Additional Recycling Cart (beyond 2 carts) $2.16 5.34% $0.12 $2.2822 Additional Green Waste Cart (beyond 2 cart) $5.47 5.34% $0.29 $5.7623 Backyard Service Surcharge $25.63 5.34% $1.37 $27.0024 Yard Waste Reduction Discount $3.72 5.34% $0.20 $3.92 Organics cart required under SB 1383.25 Additional Special Overage Pickup >2 per year $10.43 5.34% $0.56$10.9926 Additional Bulky Item Pickup > allowed free $39.12 5.34% $2.09 $41.2127 Cart Exchange (after free exchange period) $19.57 5.34% $1.05 $20.6228 Emergency Service rates - 1 crew & 1 Trk / HR $110.88 5.34% $5.92 $116.8031 Temporary bin - 3 yard (7 day rental) $150.34Pending Rate sames as Valley Vista32 Temporary bin - 6 yard (7 day rental) $185.70Pending Rate sames as Valley Vista33 Redelivery/Return Trip Fee $117.13Pending Rate sames as Valley Vista34 Temporary bin - 25/30/40 yard (7 day rental) $666.47Pending Rate sames as Valley Vista35 Temporary bin - 12 yard (7 day rental) $706.94Pending Rate sames as Valley Vista36 Rental - per day after 7 days $29.65Pending Rate sames as Valley VistaLMNOPRow Adjustment Factor Index Cost Component (E)Percent Change as Applied to Rate Adjustment (Column F)Increase In Cost Components (Column L x Column M)Cost Component Increased (Column L + Column N)Cost Component Reweighted to Equal 100%30 Labor (1) 25.3% 11.6% 2.9% 28.2% 26.8%31 Fuel (2) 2.7% 23.0% 0.6% 3.3% 3.1%32 Equipment (3) 15.4% 0.8% 0.1% 15.5% 14.7%33 Disposal (4) 8.6% 4.7% 0.4% 9.0% 8.6%34 Transfer & Transport (5) 6.2% 4.7% 0.3% 6.5% 6.2%35 All Other (6) 41.8% 2.3% 0.9% 42.7% 40.6%36 Total 100.0% 5.2% 105.2% 100.0% (1) Rate increased for a "Driver" as described in the Articles of Agreement between Waste Management of San Gabriel/Pomona Valley, Inc. and Teamsters Automotive Industrial and Allied Workers Local No. 495.(2) Producer Price Index, WPU05522101 not seasonally adjusted, Fuels and related products and power.(3) Producer Price Index, PCU336120336120, Heavy duty truck manufacturing-average annual change.(4) Producer Price Index, PCU21232121232104 for Construction sand and gravel, West-average annual change.(5) Consumer Price Index for All Urban Consumers (CUUR0000SEHG02), Garbage and trash collection.(6) Consumer Price Index for All Urban Consumers (CUURA49ASA0LIE), all items less food and energy index-Los Angele-Long Beach-Anaheim-average annual change..(7) July 1, 2018 rate adjustment weightings come from Article 6.4.2 Subsequent years' weightings will come from Column O of the previous year rate adjustment(8) Example rates listed below. Adjustment applies to all applicable rate categories.(9) Rounded down by .1% to allow the Total in Line 25 to equal 100.0%Step Two: Determine weighted percentage change in rates.Step Three: Apply Percentage Change to RatesStep Four: Recalculate cost component weightings for next rate adjustmentCopy of Diamond_Bar_GP_Rates_7-1-2022 3/31/20227.2.aPacket Pg. 250
Residential SB1383 Organics Processing and Compliance Program Fee
Phased in Approach
Waste Management is proposing a 2-year phased in approach: July 1, 2022- $2.23, July 1, 2023- $2.22
Service as mixed green waste- continue 3-cart system
Proposing a minimal disruptive organics program to residential customers by offering a mixed waste solution.
The only requirement for customers will be to place all organic waste (food scrap) inside the greenwaste cart.
Cart Color Compliance-
All new accounts, and request for cart exchanges from existing accounts will be done with carts that meet SB 1383 cart color
compliance .
SB 1383 Programs
Container Contamination Monitoring, Education and Reporting:
Implementation of Smart Truck technology to support container evaluation and contamination program
Ability to collect data, and process data to support reporting requirements
Support Residential contamination outreach/enforcement program per SB 1383
o General recycling contamination, in person audits, written compliance communication in the form of cart
tags/letters or email communication to residents
o Please note that per SB 1383 we will need to adopt overage and contamination fees to help correct habits.
Contamination record keeping
New requirement to conduct route reviews, data collection and provide information to City for tracking and reporting
purposes.
Processing Costs
$3.42 Organic material (green waste mixed with food scraps) material
collected taken to Azusa Transfer Station. Transfer to SB 1383
approved composting facility (Ecology, Synagro, South Valley)
SB 1383 Program, City’s Franchise Fee, WM Margins
(Program outlined below)
$1.03
Total Cost for Processing/Implementation of Program $4.45 Per Residential Household/ Per Month
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RowCityContainer Size (2)Residential HaulerCity has Residential Food Waste Diversion Program as of 7/1/20211 Bell $15.42 95-Gallon Consolidated Disposal Service (Republic)2 Huntington Park $16.33 95-Gallon CR&R3 Inglewood $17.46 95-Gallon Consolidated Disposal Service (Republic)4 West Hollywood $17.85 95-Gallon Athens Services5 Glendale $18.34 (3) 95-Gallon Municipal6 San Fernando $18.46 95-Gallon Republic Services7 Norwalk $18.90 95-Gallon Athens Services8 South Gate $19.60 95-Gallon Waste Management9 Vernon $19.80 Flat Monthly Rate Non-Exclusive / Competitive10 Paramount $20.22 95-Gallon CalMet11 Cerritos $20.42 95-Gallon CalMet12 Monterey Park $20.84 95-Gallon Athens Services13 Maywood $20.89 95-Gallon Universal Waste Services14 Hawaiian Gardens $20.95 (4) 95-Gallon Waste Resources15 Rosemead $21.25 95-Gallon Consolidated Disposal Service (Republic)16 Cudahy $22.27 95-Gallon Consolidated Disposal Service (Republic)17 Redondo Beach $22.72 Flat Monthly Rate Athens Services18 Alhambra $22.78 95-Gallon Republic Services19 Hermosa Beach $22.87 (5) 95-Gallon Athens Services20 Lynwood $22.87 95-Gallon Waste Resources21 Manhattan Beach $23.14 95-Gallon Waste ManagementLos Angeles CountySolid Waste SurveyResidential Rates as of July 1, 2021Sorted from lowest to highest rate to customerResidential - Total Rate (1)Managing Tomorrow's Resources Today March 11, 2022Page 5 HF&H Consultants, LLC7.2.cPacket Pg. 252
RowCityContainer Size (2)Residential HaulerCity has Residential Food Waste Diversion Program as of 7/1/202122 Signal Hill $23.15 (6) 65-Gallon EDCO / Burrtec23 Pico Rivera $23.17 95-Gallon NASA Services24 Lakewood $23.19 95-Gallon EDCO / Burrtec25 Santa Fe Springs $23.35 Flat Monthly Rate Exclusive - Multiple Haulers26 Gardena $23.51 95-Gallon Waste Resources27 Bradbury $23.66 95-Gallon EDCO / Burrtec28 La Mirada $23.89 95-Gallon EDCO / Burrtec29 Downey $24.07 95-Gallon CalMet30 Walnut $24.55 95-Gallon Valley Vista31 Santa Clarita $25.06 65-Gallon Waste Management32 Whitter $25.16 65-Gallon Exclusive - Multiple Haulers33 Compton $25.94 95-Gallon Republic Services34 Bellflower $26.12 (7) 95-Gallon CR&R35 Palmdale $26.68 95-Gallon Waste Management36 Montebello $27.09 95-Gallon Athens Services37 La Verne $27.36 95-Gallon Waste Management38 Duarte $27.43 95-Gallon EDCO / Burrtec39 Lomita $27.57 95-Gallon CalMet40 Hawthorne $27.71 95-Gallon Allied Waste (Republic Services)41 Long Beach $28.99 95-Gallon Exclusive - Multiple Haulers42 Commerce $29.69 (8) 95-Gallon CalMetLos Angeles CountySolid Waste SurveyResidential Rates as of July 1, 2021 (continued)Sorted from lowest to highest rate to customerResidential - Total Rate (1)Managing Tomorrow's Resources Today March 11, 2022Page 6 HF&H Consultants, LLC7.2.cPacket Pg. 253
RowCityContainer Size (2)Residential HaulerCity has Residential Food Waste Diversion Program as of 7/1/202143 Lawndale $29.97 95-Gallon Consolidated Disposal Service (Republic)44 Arcadia $29.99 95-Gallon Waste Management45 Bell Gardens $31.01 95-Gallon Athens Services46 Pomona $31.29 Flat Monthly Rate Municipal47 El Monte $31.49 95-Gallon Valley Vista48 La Puente $31.61 95-Gallon Valley Vista49 Baldwin Park $32.00 95-Gallon Waste Management50 Lancaster $32.30 95-Gallon Waste Management51 Azusa $33.14 Flat Monthly Rate Athens Services52 Rancho Palos Verdes $33.87 95-Gallon EDCO / Burrtec53 Irwindale $34.10 95-Gallon Athens Services54 Monrovia $34.91 95-Gallon Athens Services55 Torrance $35.31 95-Gallon Municipal56 Agoura Hills $35.33 95-Gallon Waste Management57 Calabasas $35.34 95-Gallon G.I. Industries (WM)58 San Dimas $36.23 95-Gallon Waste Management59 Los Angeles $36.32 95-Gallon Municipal60 Diamond Bar $36.55 95-Gallon Waste Management61 Covina $37.31 95-Gallon Athens Services62 Glendora $39.93 Flat Monthly Rate Athens ServicesLos Angeles CountySolid Waste SurveyResidential Rates as of July 1, 2021 (continued)Sorted from lowest to highest rate to customerResidential - Total Rate (1)Managing Tomorrow's Resources Today March 11, 2022Page 7 HF&H Consultants, LLC7.2.cPacket Pg. 254
RowCityContainer Size (2)Residential HaulerCity has Residential Food Waste Diversion Program as of 7/1/202163 Claremont $40.05 95-Gallon Municipal64 Sierra Madre $40.74 95-Gallon Athens Services65 Pasadena $40.99 95-Gallon Municipal66 San Gabriel $41.31 95-Gallon Athens Services67 Westlake Village $41.53 (3) 95-Gallon Waste Management68 Temple City $42.44 95-Gallon Athens Services69 Palos Verdes Estates $43.31 Flat Monthly Rate Athens Services70 Culver City $44.21 65-Gallon Municipal71 San Marino $47.58 Flat Monthly Rate Athens Services72 Avalon $48.02 Flat Monthly Rate CR&R73 South Pasadena $48.98 (9) Flat Monthly Rate Athens Services74 Rolling Hills Estates $49.37 95-Gallon Waste Management75 Malibu $51.00 95-Gallon Non-Exclusive / Competitive76 Burbank $52.92 95-Gallon Municipal77 Santa Monica $53.90 95-Gallon Municipal78 Hidden Hills $90.07 Flat Monthly Rate Waste Management79 Rolling Hills $111.00 Flat Monthly Rate Consolidated Disposal Service (Republic)Los Angeles CountySolid Waste SurveyResidential Rates as of July 1, 2021 (continued)Sorted from lowest to highest rate to customerResidential - Total Rate (1)Managing Tomorrow's Resources Today March 11, 2022Page 8 HF&H Consultants, LLC7.2.cPacket Pg. 255