HomeMy WebLinkAbout2021.07.06 Agenda Packet - Regular MeetingCity Council/Public
Financing Authority Agenda
Tuesday, July 6, 2021
6:30 PM
Diamond Bar City Hall – Windmill Community Room
21810 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:
Consistent with the Governor’s Executive Order, members of the public are encouraged to
participate and address the City Council during the public comment portion of the meeting via
teleconference.
Members of the City Council and limited staff may be physically present for this meeting. If you
would like to attend the meeting in person, please note that face coverings are required to be worn
at all times.
How to Observe the Meeting From Home:
Members of the public can observe the meeting by calling +1 (914) 614-3221, Access Code: 971-024-077
or visiting https://attendee.gotowebinar.com/register/8061100701408203021.
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City Clerk by
email at cityclerk@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting. Please indicate in the
Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members
and noted for the record at the meeting.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/8061100701408203021. Members of the public will be
called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five
minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-
7010 within 72 hours of the meeting. City Council video recordings with transcription will be available
upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
ANDREW CHOU
Council Member
STAN LIU
Council Member
STEVE TYE
Council Member
NANCY A. LYONS
Mayor
RUTH M. LOW
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 C ity 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/8061100701408203021 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
July 06, 2021
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low,
Mayor Lyons
APPROVAL OF AGENDA: Mayor.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five -minute
maximum time limit when addressing the City Council. Please complete a
Speaker Card and hand it to the City Manager (completion of this form is
voluntary). The City will call on in person speakers first and then teleconference
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 be called upon to
speak at that point in the agenda.
JULY 6, 2021 PAGE 2
3. 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.
3.1 CITY COUNCIL MINUTES OF THE JUNE 15, 2021 REGULAR
MEETING.
3.1.a June 15, 2021 City Council Minutes
Recommended Action:
Approve the June 15, 2021 Regular City Council meeting minutes.
Requested by: City Clerk
3.2 RATIFICATION OF CHECK REGISTER DATED JUNE 3, 2021
THROUGH JUNE 30, 2021 TOTALING $1,465.342.02.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
3.3 TREASURER'S STATEMENT
Recommended Action:
Approve the April 2021 Treasurer’s Statement.
Requested by: Finance Department
3.4 CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND
ASSOCIATES, TO ADMINISTER THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM THROUGH JUNE
30, 2026.
Recommended Action:
Approve, and authorize the Mayor to sign, the Consulting Services
Agreement with Diana Cho and Associates for CDBG Program
administration services through June 30, 2026.
Requested by: Community Development Department
3.5 SECOND AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH RAYCOM DATA TECHNOLOGIES, INC. FOR
DOCUMENT IMAGING SERVICES THROUGH JUNE 30, 2022.
Recommended Action:
Approve, and authorize the Mayor to sign, the Second Amendment to the
JULY 6, 2021 PAGE 3
Consultant Services Agreement with Raycom Data Technologies, Inc. for
document imaging services.
Requested by: City Manager
3.6 CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19).
Recommended Action:
Adopt Resolution No. 2021-32 extending the Declared Local Emergency
regarding Novel Coronavirus (COVID-19).
Requested by: City Manager
3.7 THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH SIMPSON ADVERTISING, INC. FOR SPECIALTY GRAPHIC
DESIGN SERVICES THROUGH JUNE 30, 2022.
Recommended Action:
Approve, and authorize Mayor to sign, the Third Amendment to Consultant
Services Agreement with Simpson Advertising through June 30, 2022.
Requested by: City Manager
3.8 SECOND AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BEST LIGHTING PRODUCTS, INC. FOR LIGHTING
INSPECTIONS AND MAINTENANCE THOUGH JUNE 30, 2022.
Recommended Action:
Approve, and authorize the Mayor to sign, the Second Amendment to the
Maintenance Services Agreement with Best Lighting Products, Inc.
Requested by: Public Works Department
4. PUBLIC HEARINGS:
4.1 FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO.
41-2021.
Recommended Action:
Receive presentation, open the Public Hearing to receive testimony, Close
the Public Hearing, tabulate all valid ballots received, and take the
following actions:
A. If a majority protest does not exist (i.e., a weighted majority of ballots
cast are in favor of the measure);
1. Adopt Resolution 2021-33 (FORMATION) approving the Engineer’s
Report, confirming Diagram and Assessment, and Ordering Levy of
JULY 6, 2021 PAGE 4
the Landscape Assessment District No. 41-2021 Assessment for
Fiscal Year 2021-22; and
2. Adopt Resolution No. 2021-34 amending Fiscal Year 2021/22
Operating Budget to include the Landscape Assessment District
No. 41-2021 Budget (Fund 641) for Fiscal Year 2021/22 as
provided in the Engineer’s Report.
Or
B. If a majority protest does exist (i.e., a weighted majority of ballots cast
are opposed to the measure), adopt Resolution No. 2021-33 (NO-
FORMATION) Certifying the Results of the Ballot Proceeding for
Landscape Assessment District No. 41-2021.
Requested by: Public Works Department
4.2 RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NOS. 38 AND 39 FOR FISCAL YEAR 2021/22.
Recommended Action:
Receive presentation, open Public Hearing, receive testimony, close
Public Hearing, discuss, and take the following actions:
A. Adopt Resolution No. 2021-35 (LLAD No. 38) to levy and collect
assessments for Landscape Assessment District No. 38 for Fiscal Year
2021-22; and
B. Adopt Resolution No. 2021-36 (LLAD No. 39) to levy and collect
assessments for Landscape Assessment District No. 39 for Fiscal Year
2021-22.
Requested by: Public Works Department
4.3 INTRODUCTION OF ORDINANCE NO. 01(2021) AMENDING
SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT GENERAL
DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 OF THE DIAMOND
BAR MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
Recommended Action:
Introduce first reading by title only, waive full reading of Ordinance 01
(2021), open Public Hearing to receive public testimon y, and schedule for
second reading and adoption at the July 20, 2021 City Council meeting.
Requested by: Community Development Department
JULY 6, 2021 PAGE 5
5. COUNCIL CONSIDERATION: NONE.
RECESS TO PUBLIC FINANCING AUTHORITY:
1. CALL TO ORDER:
2. ROLL CALL:
Authority Members Liu, Low, Lyons, Vice
Chair Tye, Chair Chou
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 Authority
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Authority. Although the Authority
values your comments, pursuant to the Brown Act, the Authority generally cannot
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the Authority Clerk (completion of this form is
voluntary). There is a five-minute maximum time limit when addressing the
Authority.
4. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the Authority to be
routine and will be acted on by a single motion unless a Authority Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
4.1 PUBLIC FINANCING AUTHORITY MEETING MINUTES.
Recommended Action:
Approve the June 1, 2021 meeting minutes.
Requested by: City Manager
4.2 ESTABLISHING REGULAR MEETINGS OF THE DIAMOND BAR
PUBLIC FINANCING AUTHORITY.
Recommended Action:
Adopt Resolution No. PFA 2021-05 amending the regular meeting
schedule of the Public Financing Authority.
Requested by: City Manager
5. PUBLIC HEARINGS: None.
6. AUTHORITY MEMBER COMMENTS:
JULY 6, 2021 PAGE 6
Items raised by individual Authority members are for Authority Discussion.
Direction may be given at this meeting or the item may be scheduled for action at
a future meeting.
7. ADJOURN PUBLIC FINANCING AUTHORITY MEETING:
RECONVENE CITY COUNCIL MEETING:
6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
7. ADJOURNMENT:
Agenda #: 3.1
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JUNE 15, 2021 REGULAR
MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the June 15, 2021 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
3.1
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Attachments:
1. 3.1.a June 15, 2021 City Council Minutes
3.1
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
JUNE 15, 2021
M/Lyons stated that consistent with COVID-19 regulations, members of the public were
encouraged to participate and address the City Council during the public comment
portion of the meeting via teleconference. Members of the City Council and limited staff
were physically present for the meeting and public seating was very limited due to
distancing requirements on a first-come, first-serve basis.
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Low led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye,
Mayor Pro Tem Ruth Low, Mayor Nancy Lyons
Staff in Attendance: Dan Fox, City Manager; Ryan McLean, Assistant
City Manager; Anthony Santos, Assistant to the City Manager
Staff participating telephonically: Dave DeBerry, City Attorney; Ryan Wright,
Parks and Recreation Director; David Liu, Public Works Director; Hal Ghafari,
Public Works Manager/Assistant City Engineer; Fabian Aoun, Assistant
Engineer; Greg Gubman, Community Development Director; Brent Mason,
Interim Director of Finance; Amy Haug, Human Resources and Risk Manager;
Ken Desforges, Director of Information Services; Alfredo Estevez, Information
Systems Analyst; Cecilia Arellano, Public Information Coordinator; Dannette
Allen, Senior Management Analyst; Kristina Santana, City Clerk
Also in Attendance: Diamond Bar/Walnut Station Captain Stephen
Tousey, LA County Sheriff’s Department.
Also participating telephonically: Leticia Pacillas, Community Services
Liaison, Los Angeles County Fire Department.
APPROVAL OF AGENDA: As presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 City Services Update.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
3. PUBLIC COMMENTS:
Lorin Neeley stated his opposition to the LLAD No. 39 dissolution re-vote.
3.1.a
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JUNE 15, 2021 PAGE 2 CITY COUNCIL
CC/Santana read an email from Mark Warner who asked for consideration
of a 55 plus retirement development in Tres Hermanos.
4. CONSENT CALENDAR: C/Chou moved, C/Tye seconded, to approve the
Consent Calendar as presented with the exception of Item 4.13 pulled by C/Chou
for separate consideration. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4.1 APPROVED CITY COUNCIL MINUTES:
4.1a JOINT MEETING WITH PLANNING COMMISSION OF APRIL 16,
2021.
4.1b JUNE 1, 2021 REGULAR MEETING.
4.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES:
4.2a PARKS AND RECREATION COMMISSION – MEETING OF
MARCH 25, 2021.
4.2b PLANNING COMMISSION - MEETING OF APRIL 27, 2021.
4.3 RATIFIED CHECK REGISTER DATED MAY 21, 2021 THROUGH JUNE
2, 2021 TOTALING $267,869.99.
4.4 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF
MARCH 2021.
4.5 DECLARED LEVY ASSESSMENTS FOR LANDSCAPE ASSESSMENT
DISTRICT NOS. 38 AND 39.
A) ADOPTED RESOLUTION NO. 2021-28 (No. 38), DECLARING THE
CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
LANDSCAPE ASSESSMENT DISTRICT NO. 38 AND DIRECTED
STAFF TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR
THE JULY 6, 2021 REGULAR CITY COUNCIL MEETING; AND,
B) ADOPTED RESOLUTION NO. 2021-29 (NO. 39) DECLARING THE
CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
LANDSCAPE ASSESSMENT DISTRICT NO. 39 AND DIRECTED
STAFF TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR
THE JULY 6, 2021 REGULAR CITY COUNCIL MEETING.
4.6 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE FIRST
AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
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JUNE 15, 2021 PAGE 3 CITY COUNCIL
EIDE BAILLY, LLP FOR INTERIM FINANCE DIRECTOR SERVICES.
4.7 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE FOURTH
AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT WITH
NETWORK PARATRANSIT SYSTEMS (NPS) TO PROVIDE DIAMOND
RIDE PROGRAM SENIOR TRANSPORTATION SERVICES THROUGH
JUNE 30, 2022.
4.8 APPROVED AND AUTHORIZED THE MAYOR TO SIGN, THE SECOND
AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
THE SAUCE CREATIVE SERVICES FOR PRINT AND DESIGN
SERVICES THROUGH JUNE 30, 2022.
4.9 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE FIRST
AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
TENNIS ANYONE, INC. FOR CONTRACT TENNIS INSTRUCTION
SERVICES THROUGH JUNE 30, 2022.
4.10 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE SECOND
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH ABSOLUTE INTERNATIONAL SECURITY FOR PRIVATE
SECURITY SERVICES THROUGH JUNE 30, 2022.
4.11 AMENDMENTS TO CONSULTING SERVICES AGREEMENTS
THROUGH JUNE 30, 2023 AS FOLLOWS:
A) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN,
AMENDMENT NO. 1 TO THE CONSULTING SERVICES
AGREEMENT WITH PENCO ENGINEERING (A CANNON
COMPANY) (PENCO), FOR A NOT-TO-EXCEED ANNUAL AMOUNT
OF $91,000;
B) APPROVED AND AUTHORIZED THE MAYOR TO SIGN,
AMENDMENT NO. 2 TO THE CONSULTING SERVICES
AGREEMENT WITH HR GREEN PACIFIC (HR GREEN), FOR A
NOT-TO-EXCEED ANNUAL AMOUNT OF $91,000;
C) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN,
AMENDMENT NO. 1 TO THE CONSULTING SERVICES
AGREEMENT WITH TAIT AND ASSOCIATES (TAIT), FOR A NOT-
TO-EXCEED ANNUAL AMOUNT OF $67,000; AND,
D) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN,
AMENDMENT NO. 2 TO THE CONSULTING SERVICES
AGREEMENT WITH JOHN L. HUNTER AND ASOCIATES (JLH),
FOR A NOT-TO-EXCEED ANNUAL AMOUNT OF $71,460.
4.12 CONSULTING SERVICES AGREEMENTS AS FOLLOWS THROUGH
3.1.a
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JUNE 15, 2021 PAGE 4 CITY COUNCIL
JUNE 30, 2024:
A) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE
CONSULTING SERVICES AGREEMENT FOR A PERIOD OF THREE
(3) YEARS IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $60,000
WITH WILLDAN ENGINEERING, INC. FOR ON-CALL
GEOTECHNICAL ENGINEERING SERVICES.
B) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE
CONSULTING SERVICES AGREEMENT FOR A PERIOD OF THREE
(3) YEARS IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $60,000
WITH NINYO & MOORE, INC. FOR ON-CALL GEOTECHNICAL
ENGINEERING SERVICES.
C) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE
CONSULTING SERVICES AGREEMENT FOR A PERIOD OF THREE
(3) YEARS IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $60,000
WITH LEIGHTON AND ASSOCIATES, INC. FOR ON-CALL
GEOTECHNICAL ENGINEERING SERVICES.
4.14 CONSULTING SERVICES AGREEMENT CONTRACTS THROUGH
JUNE 30, 2024 AS FOLLOWS:
A) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN,
CONSULTING SERVICES AGREEMENT FOR A PERIOD OF THREE
(3) YEARS IN A NOT-TO-EXCEED ANNUAL AMOUNT OF $130,000
PER FISCAL YEAR WITH ITERIS, INC. FOR ON-CALL TRAFFIC
AND TRANSPORTATION ENGINEERING SERVICES.
B) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN,
CONSULTING SERVICES AGREEMENT FOR A PERIOD OF THREE
(3) YEARS IN A NOT-TO-EXCEED ANNUAL AMOUNT OF $40,000
PER FISCAL YEAR WITH FEHR AND PEERS, FOR ON-CALL
TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES.
C) APPROVED, AND AUTHORIZED THE MAYOR TO SIGN,
CONSULTING SERVICES AGREEMENT FOR A PERIOD OF THREE
(3) YEARS IN A NOT-TO-EXCEED ANNUAL AMOUNT OF $26,000
PER FISCAL YEAR WITH KIMLEY HORN FOR ON-CALL TRAFFIC
AND TRANSPORTATION ENGINEERING SERVICES.
4.15 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE
CONSULTING SERVICES AGREEMENT WITH PRINCE GLOBAL
SOLUTIONS, LLC FOR FEDERAL ADVOCACY SERVICES RELATED
TO THE SR-57/SR-60 CONFLUENCE PROJECT THROUGH JUNE 30,
2022.
4.16 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE SECOND
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JUNE 15, 2021 PAGE 5 CITY COUNCIL
AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH
WEST COAST ARBORISTS, INC. FOR TREE CARE AND
MAINTENANCE SERVICES THROUGH JUNE 30, 2022.
4.17 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, SECOND
AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH
TRANE U.S. INC. DBA TRANE, FOR MECHANICAL AND BUILDING
AUTOMATION SYSTEM PREVENTATIVE MAINTENANCE AND REPAIR
SERVICES THROUGH JUNE 30, 2022.
4.18 ADOPTED RESOLUTION NO. 2021-30 AUTHORIZING PARTICIPATION
IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE
TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES IN THE
NOT-TO-EXCEED AMOUNT OF $65,000 FOR FISCAL YEAR 2021-2022.
4.19 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE FOURTH
AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH
EXTERIOR PRODUCTS CORPORATION FOR STREET DECORATIONS
THROUGH JUNE 30, 2022.
4.20 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE
MAINTENANCE SERVICES AGREEMENT WITH PARKWOOD
LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE
SERVICES (CITY PARKS) THROUGH JUNE 30, 2022 WITH THE
OPTION TO EXTEND FOR UP TO FIVE MORE YEARS.
4.21 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE SECOND
AMENDMENT TO THE STREET MAINTENANCE AND VEGETATION
CONTROL SERVICES AGREEMENT WITH MCE CORPORATION FOR
RIGHT-OF-WAY VEGETATION CONTROL MAINTENANCE AND
LITTER REMOVAL SERVICES, GRANTING A THREE-YEAR
EXTENSION THROUGH JUNE 30, 2024.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
4.13 APPROVE, AND AUTHORIZE THE MAYOR TO SIGN, THIRD
AMENDMENT TO FRANCHISE AGREEMENT TO EXTEND THE
AGREEMENT FOR A PERIOD OF ONE (1) YEAR WITH CLEAR
CHANNEL OUTDOOR FOR BUS SHELTERS IN DIAMOND BAR
THROUGH JUNE 30, 2022.
CM/Fox explained to C/Chou and Council that the franchise agreement
was due to expire and with the budget for the Capital Improvement
Program having been approved, staff needed time to go through the
design, procurement and installation process and this agreement will
continue to have Clear Channel manage the adve rtising that currently
exists with the City, the City will receive franchise fees through the first
half of the FY with the anticipation that ownership of those facilities will
3.1.a
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JUNE 15, 2021 PAGE 6 CITY COUNCIL
transition to the City and the bus shelters will be replaced.
C/Chou moved, MPT/Low seconded, to approve Item 4.13 as presented.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5. PUBLIC HEARINGS: NONE
6. COUNCIL CONSIDERATION:
6.1 AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE INLAND
VALLEY HUMANE SOCIETY, AND AMENDMENTS TO CERTAIN
ANIMAL CARE AND LICENSE FEES EFFECTIVE JULY 1, 2021.
AtoCM/Santos presented the staff report.
Council discussed the proposed streamline fee adjustments, discounts,
penalties, new fees designed to encourage responsible pet ownership and
what is considered to be a “potentially” dangerous dog (by conduct, not
breed) determined by IVHS, which is typically a dog that has escaped and
exhibited threatening behavior.
AtoCM/Santos explained that the Altered Dog Fee is proposed to be $30
(1st offense) and the penalty would be a duplicate $30. The state
mandated penalty (1st offense) for unaltered dogs is $50.
AtoCM/Santos explained the 2021-2022 FY $285,000 net contract cost to
the City with proposed revenues of $195,000 including the cost of state
mandated fees versus the anticipated revenues.
MPT/Low asked where donor funds go and AtoCM/Santos responded that
donors are allowed to donate to specific programs such as adoption, spay
and neutering, etc. whereas, in previous years, the f unds were used for
the operating budget. The contract is subject to an annual CPI with a
ceiling of 4 percent exclusive of the fees.
There was no one present who wished to speak on this matter.
Following discussion, C/Chou moved, M/Lyons seconded, to authorize the
Mayor to execute Agreement for Animal Control Services with the Inland
Valley Humane Society (IVHS) as presented. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
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JUNE 15, 2021 PAGE 7 CITY COUNCIL
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C/Chou moved, C/Tye seconded, to adopt Resolution No. 2021-31
amending animal care and license fees effective July 1, 2021 as
presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou congratulated the State of California on its Reopening Day, Brown Rice
Thai Restaurant on its official opening, Delicious Food Corner on its opening and
restaurants soon to open, Kami Sushi, Mochi Donut, Crawfish House and Mas
Banchan.
C/Liu thanked staff for continuing to keep Diamond Bar safe and adapting to
evolving expectations and preferences of the community during COVID, and
hoped everyone would remain safe.
C/Tye commented on the great news regarding the Diamond Bar Center bond
refunding and the significant savings to the community. He looks forward to
getting back to normal and wished all dads a Happy Father’s Day.
MPT/Low thanked staff for their hard work and effort toward improving service to
the community, and thanked the Diamond Bar Woman’s Club for their efforts
toward bringing holiday cheer to veterans. On June 3rd she was a presenter and
guest speaker for the Pathway Group. She wished dads a Happy Father’s Day
and thanked her departed dad for his gifts to his family.
M/Lyons said the Customer Service Working Group to reimagine service for
residents was a really good idea as expectations and conditions have changed
during COVID. She was pleased about the selection of a new vendor to maintain
the City’s precious parks and reminded everyone to enjoy Independence Day by
remembering the Constitution and rights and responsibilities enjoyed as an
American citizen.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 7:47 p.m.
3.1.a
Packet Pg. 17
JUNE 15, 2021 PAGE 8 CITY COUNCIL
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 6th day of July, 2021.
__________________________
Nancy Lyons, Mayor
3.1.a
Packet Pg. 18
Agenda #: 3.2
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED JUNE 3, 2021
THROUGH JUNE 30, 2021 TOTALING $1,465.342.02.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,465,342.02.
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 June 3, 2021 through June 30,
2021 totaling $1,465,342.02 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies an d 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:
3.2
Packet Pg. 19
REVIEWED BY:
Attachments:
1. 3.2.a Check Register Affidavit 7-6-2021
2. 3.2.b Check Register 7-6-2021
3.2
Packet Pg. 20
3.2.a
Packet Pg. 21
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2617 6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
239 21109 $100.15
6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
241 21109 $100.15
6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
207 21109 $133.26
6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
238 21109 $200.30
6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
225 21109 $482.87
6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
201 21109 $550.67
6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
206 21109 $833.16
6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
250 21109 $1,354.24
6/11/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 06/11/2021
100 21109 $46,299.16
CHECK TOTAL $50,053.96
2618 6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
106 21110 $61.66
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
239 21110 $75.33
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
241 21110 $75.33
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
238 21110 $150.66
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
225 21110 $180.08
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
207 21110 $185.02
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
201 21110 $390.06
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
206 21110 $394.80
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
250 21110 $969.60
3.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/11/2021 CALPERS PENSION CONTRIBUTION 5/22/21-6/4/21
MISC GROUP
100 21110 $32,343.95
CHECK TOTAL $34,826.49
2619 6/11/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/11/21
207 21118 $1.88
6/11/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/11/21
225 21118 $8.89
6/11/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/11/21
206 21118 $17.40
6/11/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/11/21
250 21118 $23.02
6/11/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/11/21
100 21118 $1,241.09
CHECK TOTAL $1,292.28
2620 6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
239 21106 $125.89
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
241 21106 $125.89
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
100220 50062 $136.30
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
225 21106 $152.85
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
106 21106 $249.88
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
238 21106 $251.77
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
207 21106 $307.87
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
206 21106 $323.61
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
201 21106 $392.21
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
250 21106 $742.52
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
105220 50048 $1,287.00
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
100 10000 $8,766.64
3.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JUNE
2021
100 21106 $40,441.32
CHECK TOTAL $53,303.75
2621 6/16/2021 BRIGHTVIEW LANDSCAPE
SERVICES INC
MONTHLY LANDSCAPE MAINTENANCE -
MAY 2021
100510 55505 $6,044.00
6/16/2021 BRIGHTVIEW LANDSCAPE
SERVICES INC
MONTHLY LANDSCAPE MAINTENANCE -
MAY 2021
100630 55505 $29,719.00
CHECK TOTAL $35,763.00
2622 6/16/2021 HARDY & HARPER INC ROAD MAINTENANCE SERVICES
(PARKING LOTS PROJECT)
100655 55512 $108,567.00
CHECK TOTAL $108,567.00
2623 6/16/2021 MCE CORPORATION LANDSCAPE MAINT - DISTRICTS 38, 39,
41 - MAY 2021
241641 55524 $4,922.61
6/16/2021 MCE CORPORATION LANDSCAPE MAINT - DISTRICTS 38, 39,
41 - MAY 2021
239639 55524 $12,173.54
6/16/2021 MCE CORPORATION LANDSCAPE MAINT - DISTRICTS 38, 39,
41 - MAY 2021
238638 55524 $14,806.30
6/16/2021 MCE CORPORATION ADDL' LANDSCAPE MAINT DISTRICT 38 238638 52320 $709.80
CHECK TOTAL $32,612.25
2624 6/16/2021 MUSCO SPORTS LIGHTING LLC PANTERA PARK SPORT LIGHTING
REPAIRS
100630 52320 $15,243.80
CHECK TOTAL $15,243.80
2625 6/16/2021 NETWORK PARATRANSIT SYSTEMS
INC
DIAMOND RIDE SERVICES FY2020-21 -
APRIL 2021
206650 55560 $12,503.14
CHECK TOTAL $12,503.14
2626 6/16/2021 RTS FINANCIAL SERVICE INC CROSSING GUARD SERVICES - MARCH
2021
100310 55412 $1,530.48
6/16/2021 RTS FINANCIAL SERVICE INC CROSSING GUARD SERVICES - APRIL
2021
100310 55412 $10,421.84
CHECK TOTAL $11,952.32
2627 6/16/2021 SCHAFER CONSULTING CONSULTING SERVICES FOR ERP
PROJECT - APR 2021
503230 56135 $10,800.00
6/16/2021 SCHAFER CONSULTING CONSULTING SERVICES FOR ERP
PROJECT - MAY 2021
503230 56135 $4,495.00
CHECK TOTAL $15,295.00
2628 6/16/2021 SIEMENS INDUSTRY INC TRAFFIC SIGNAL CALL-OUTS - MAY 2021 207650 55536 $6,870.39
3.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/16/2021 SIEMENS INDUSTRY INC TRAFFIC SIGNAL MAINTENANCE - MAY
2021
207650 55536 $4,554.00
CHECK TOTAL $11,424.39
2629 6/16/2021 SOUTHERN CALIFORNIA EDISON PARKS - 04.28.21 - 05.26.21 100630 52210 $1,703.56
6/16/2021 SOUTHERN CALIFORNIA EDISON DIAMOND BAR CENTER - 05.03.21 -
06.01.21
100510 52210 $4,260.91
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL -
BC/FALLOWFIELD/BC CUTOFF
100655 52210 $448.39
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS -BC/FALLOWFIELD 100655 52210 $269.90
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE
(TC-1)
100655 52210 $206.42
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA
CANYON/OAKCREST (LS-2)
100655 52210 $165.99
6/16/2021 SOUTHERN CALIFORNIA EDISON GS-1 - 1215 BREA CANYON ROAD 100655 52210 $269.01
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON
(LS-2)
100655 52210 $348.93
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS
(LS-2)
100655 52210 $288.78
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S. DBB (TC-1) 100655 52210 $301.70
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S.
LEMON/VARIOUS (TC-1)
100655 52210 $865.88
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND (TC-1) 100655 52210 $316.06
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1 DBB/TEMPLE (LS-2) 100655 52210 $312.99
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S. BREA
CANYON (TC-1)
100655 52210 $132.22
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB (LS-2) 100655 52210 $266.89
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 2201 DBB PED (TC-
1)
100655 52210 $116.58
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1798 DBB/22566
GOLDEN SPRINGS
100655 52210 $599.00
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER 100655 52210 $218.93
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN
SPRINGS PED (TC-1)
100655 52210 $315.86
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CYN RD
(LS-2)
100655 52210 $164.55
3.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 BREA CANYON
BPED (LS-3)
100655 52210 $128.88
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 DBB (LS-2) 100655 52210 $407.19
6/16/2021 SOUTHERN CALIFORNIA EDISON GS-1 - 2838 S DBB PED 100655 52210 $176.17
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CYN RD B-
PED (LS-3)
100655 52210 $251.54
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450
BRIDGEGATE/VARIOUS (TC-1)
100655 52210 $795.53
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1395 S
DBB/VARIOUS (TC-1)
100655 52210 $2,496.19
6/16/2021 SOUTHERN CALIFORNIA EDISON 20980 E CANYON RIDGE (5.12.21 -
6.10.21)
241641 52210 $14.67
6/16/2021 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY (5.12.21 - 6.10.21) 241641 52210 $14.67
6/16/2021 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON (5.12.21 - 6.10.21) 100630 52210 $15.12
6/16/2021 SOUTHERN CALIFORNIA EDISON 633 GRAND (5.11.21 - 6.9.21) 238638 52210 $14.67
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 20805 GOLDEN
SPRINGS (LS-2)
100655 52210 $365.64
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY
CENTER (LS-2)
100655 52210 $219.39
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER (LS-
2)
100655 52210 $600.81
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN
SPRINGS (LS-2)
100655 52210 $219.39
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN
SPRINGS (TC-1)
100655 52210 $227.62
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21010
WASHINGTON (TC-1)
100655 52210 $158.36
6/16/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN
SPRINGS TC-1
100655 52210 $359.89
6/16/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN
SPRINGS (LS-2)
100655 52210 $208.20
6/16/2021 SOUTHERN CALIFORNIA EDISON GS-1 23331 GOLDEN SPRINGS PED 100655 52210 $135.71
CHECK TOTAL $18,382.19
2630 6/16/2021 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES (APR & MAY
2021)
100655 55510 $25,814.64
CHECK TOTAL $25,814.64
3.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2631 6/16/2021 WEST COAST ARBORISTS INC TREE CARE AND MAINTENANCE
(DISTRICT 38)
238638 55522 $5,724.00
6/16/2021 WEST COAST ARBORISTS INC CITYWIDE TREE CARE / MAINT (5.16.21 -
5.31.21)
100645 55522 $22,436.00
CHECK TOTAL $28,160.00
2632 6/16/2021 AARON R SALO STIPEND - PARKS & REC MTG. MAY 2021 100520 52525 $45.00
CHECK TOTAL $45.00
2633 6/16/2021 AFLAC SUPP INSURANCE PREMIUM MAY 2021 225 21117 $1.46
6/16/2021 AFLAC SUPP INSURANCE PREMIUM MAY 2021 201 21117 $6.02
6/16/2021 AFLAC SUPP INSURANCE PREMIUM MAY 2021 250 21117 $45.64
6/16/2021 AFLAC SUPP INSURANCE PREMIUM MAY 2021 206 21117 $55.55
6/16/2021 AFLAC SUPP INSURANCE PREMIUM MAY 2021 100 21117 $2,144.45
CHECK TOTAL $2,253.12
2634 6/16/2021 AIRGAS INC HELIUM 100630 51200 $8.00
6/16/2021 AIRGAS INC HELIUM 100520 51200 $93.00
CHECK TOTAL $101.00
2635 6/16/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL - MAY
2021
100630 52320 $70.00
6/16/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL - MAY
2021
100510 52320 $105.00
6/16/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL - MAY
2021
100620 52320 $120.00
CHECK TOTAL $295.00
2636 6/16/2021 NAILA ASAD BARLAS STIPEND - 25/21 PC MTG 100410 52525 $65.00
CHECK TOTAL $65.00
2637 6/16/2021 ROBYN A BECKWITH PLANTS REPLACEMENT AND CLEAN UP
IN JUNE
100620 52320 $783.25
CHECK TOTAL $783.25
2638 6/16/2021 BEST LIGHTING PRODUCTS INC MONTHLY MAINTENANCE - MAY 2021 100620 52320 $109.84
6/16/2021 BEST LIGHTING PRODUCTS INC MONTHLY MAINTENANCE - MAY 2021 238638 52320 $159.84
6/16/2021 BEST LIGHTING PRODUCTS INC MONTHLY MAINTENANCE - MAY 2021 100510 52320 $216.82
6/16/2021 BEST LIGHTING PRODUCTS INC MONTHLY MAINTENANCE - MAY 2021 100630 55505 $1,286.82
3.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $1,773.32
2639 6/16/2021 BULLSEYE TELECOM INC ANALOG PHONE LINES - CITY
HALL/PARKS/DBC
100230 52200 $1,718.31
6/16/2021 BULLSEYE TELECOM INC ANALOG PHONE LINES - CITYWIDE -
APRIL 2021
100230 52200 $1,718.31
6/16/2021 BULLSEYE TELECOM INC ANALOG PHONE LINES - CITYWIDE
6/2021
100230 52200 $1,718.31
CHECK TOTAL $5,154.93
2640 6/16/2021 CANNON CORPORATION PLAN CHECK - 2775 SHADOW CANYON
DRIVE
100 22109 $426.60
6/16/2021 CANNON CORPORATION PLAN CHECK - 2218 INDIAN CREEK RD 100 22109 $451.80
6/16/2021 CANNON CORPORATION PLAN CHECK - 2775 SHADOW CANYON 100 22109 $450.00
6/16/2021 CANNON CORPORATION PLAN CHECK - 2218 INDIAN CREEK RD 100 22109 $1,275.00
CHECK TOTAL $2,603.40
2641 6/16/2021 COLLEY AUTO CARS INC VEHICLE MAINTENANCE 502620 52312 $826.39
CHECK TOTAL $826.39
2642 6/16/2021 CRAFCO INC ROAD MAINTENANCE SUPPLIES 100655 51250 $543.06
CHECK TOTAL $543.06
2643 6/16/2021 CREATE & LEARN INC INSTRUCTOR PAYMENT SPRING 2021 100520 55320 $261.00
CHECK TOTAL $261.00
2644 6/16/2021 DELTA DENTAL HMO DENTAL PREMIUM JUNE 2021 206 21105 $1.00
6/16/2021 DELTA DENTAL HMO DENTAL PREMIUM JUNE 2021 207 21105 $1.00
6/16/2021 DELTA DENTAL HMO DENTAL PREMIUM JUNE 2021 250 21105 $1.03
6/16/2021 DELTA DENTAL HMO DENTAL PREMIUM JUNE 2021 106 21105 $7.73
6/16/2021 DELTA DENTAL HMO DENTAL PREMIUM JUNE 2021 100 21105 $270.78
CHECK TOTAL $281.54
2645 6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 239 21105 $16.30
6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 241 21105 $16.30
6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 238 21105 $32.59
3.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 207 21105 $37.11
6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 225 21105 $39.10
6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 201 21105 $54.54
6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 206 21105 $77.32
6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 250 21105 $133.44
6/16/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL PREMIUM JUNE 2021 100 21105 $4,420.30
CHECK TOTAL $4,827.00
2646 6/16/2021 CAROL A DENNIS PLANNING COMM MTG-MAY 25, 2021 100410 54900 $50.00
6/16/2021 CAROL A DENNIS PLANNING COMM MTG-MAR 23 & APR
27
100410 54900 $200.00
6/16/2021 CAROL A DENNIS MINUTE SECY - PARKS AND REC
COMMISSION - MAY 2021
100520 54900 $50.00
CHECK TOTAL $300.00
2647 6/16/2021 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $192.00
CHECK TOTAL $192.00
2648 6/16/2021 DISCOVERY SCIENCE CENTER OF
ORANGE
SCHOOL ASSEMBLY RECYCLING
PROGRAM
250170 54900 $858.00
CHECK TOTAL $858.00
2649 6/16/2021 ECOFERT INC FERTILIZER INJECTION SYSTEM - MAY
2021
100630 52320 $1,150.00
CHECK TOTAL $1,150.00
2650 6/16/2021 STAY GREEN INC MONTHLY LANDSCAPING SERVICES -
CITY HALL MAY 2021
100620 52320 $1,026.00
6/16/2021 STAY GREEN INC ADDL' LANDSCAPING SERVICES AT CITY
HALL (MAY)
100620 52320 $127.69
CHECK TOTAL $1,153.69
2651 6/16/2021 FUN EXPRESS LLC SUPPLIES BUNNY BOX 100520 51200 $699.35
CHECK TOTAL $699.35
2652 6/16/2021 GEO PLASTICS FREIGHT AND STORAGE PAYMENT FOR
USED OIL KITS
250170 55000 $1,710.00
3.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $1,710.00
2653 6/16/2021 GERALDINE KELLER INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $12.00
CHECK TOTAL $12.00
2654 6/16/2021 HR GREEN PACIFIC INC PLAN CHECK - 340 FERN PLACE 100615 54420 $620.01
6/16/2021 HR GREEN PACIFIC INC HYDROLOGY REVIEW - 340 FERN PLACE 100 22109 $454.00
6/16/2021 HR GREEN PACIFIC INC PLAN CHECK - 2589 PACIFIC LANE 100 22109 $91.00
6/16/2021 HR GREEN PACIFIC INC STREET PARCELS - TR53670 - ALAMO
HEIGHTS
100 22109 $90.00
CHECK TOTAL $1,255.01
2655 6/16/2021 INSIGHT PUBLIC SECTOR LOGITECH WIRELESS TOUCH KEYBOARD 100230 51200 $105.08
CHECK TOTAL $105.08
2656 6/16/2021 INTEGRUS LLC COPIES/PRINTER MAINTENANCE - 3-
19/4-18-21
100230 52100 $447.95
CHECK TOTAL $447.95
2657 6/16/2021 ITERIS INC FIBER-OPTIC REPAIR - GOLDEN SPRINGS
DR - 12/2020
100 22109 $5,514.26
6/16/2021 ITERIS INC CS - TRAFFIC - CITYWIDE SIGNAL TIMING
- APR 2021
207650 54410 $1,959.00
CHECK TOTAL $7,473.26
2658 6/16/2021 JCL TRAFFIC SERVICES ROAD MAINTENANCE SUPPLIES 100655 51250 $83.22
CHECK TOTAL $83.22
2659 6/16/2021 JIVE COMMUNICATIONS INC CITYWIDE PHONE SERVICE - JUNE 2021 100230 52200 $2,466.96
CHECK TOTAL $2,466.96
2660 6/16/2021 KENNETH L MOK ATTENDANCE-5/25/21-PC MTG-MOK 100410 52525 $65.00
CHECK TOTAL $65.00
2661 6/16/2021 KEVIN D JONES CS - FUNDING ADVOCACY FOR SR57-60
PROJECT
100615 54400 $4,000.00
6/16/2021 KEVIN D JONES CS - FUNDING ADVOCACY FOR SR57-60
PROJECT
100615 54400 $4,000.00
CHECK TOTAL $8,000.00
2662 6/16/2021 KIMLEY HORN AND ASSOCIATES
INC
ON-CALL TRAFFIC CONSULTANT - MAY
2021
100615 54410 $321.24
3.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/16/2021 KIMLEY HORN AND ASSOCIATES
INC
REVIEW - TTM 83259 100 22107 $321.24
CHECK TOTAL $642.48
2663 6/16/2021 LEWIS ENGRAVING INC NAME BADGE FOR PLANNING
COMMISSIONER GARG
100130 52140 $16.77
CHECK TOTAL $16.77
2664 6/16/2021 LIA MURPHY STIPEND - PARKS & REC COMMISSION
MEETING - MAY 2021
100520 52525 $45.00
CHECK TOTAL $45.00
2665 6/16/2021 LOOMIS COURIER SVCS - JUNE 2021 100210 54900 $320.44
6/16/2021 LOOMIS COURIER SVCS - JUNE 2021 100510 54900 $320.44
CHECK TOTAL $640.88
2666 6/16/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2020-21 SHERIFF'S - STREET SWEEPING
02/2021
100310 55402 $501.94
CHECK TOTAL $501.94
2667 6/16/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
WITHHOLDING ORDER 20NWLC11081 100 23199 $466.67
CHECK TOTAL $466.67
2668 6/16/2021 MAGNUS INTERNATIONAL TRADE
SERVICES CORP
INTERPRETATION- SIGN LANGUAGE
SERVICE ON MAY 18
100130 54900 $280.00
CHECK TOTAL $280.00
2669 6/16/2021 MAHENDRA GARG ATTENDANCE-5/25/21 PCMTG-GARG 100410 52525 $65.00
CHECK TOTAL $65.00
2670 6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 239 21114 $0.24
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 241 21114 $0.24
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 106 21114 $0.45
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 238 21114 $0.48
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 207 21114 $0.64
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 225 21114 $0.95
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 201 21114 $1.44
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 206 21114 $1.86
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 250 21114 $3.48
3.2.b
Packet Pg. 31
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/16/2021 MANAGED HEALTH NETWORK EAP PREMIUM JUNE 2021 100 21114 $139.02
CHECK TOTAL $148.80
2671 6/16/2021 MANISHA SULAKHE STIPEND - PARKS & REC MTG - MAY 2021 100520 52525 $45.00
CHECK TOTAL $45.00
2672 6/16/2021 METROLINK METROLINK PASSES - MAY 2021 206650 55610 $614.60
6/16/2021 METROLINK METROLINK PASSES - MAY 2021 206650 55620 $2,458.40
CHECK TOTAL $3,073.00
2673 6/16/2021 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL APRIL 2021 301630 56104 $1,338.34
CHECK TOTAL $1,338.34
2674 6/16/2021 MICHAEL BALLIET CONSULTING
LLC
ENVIRONMENTAL CONSULTING
SERVICES
250170 54900 $3,648.75
CHECK TOTAL $3,648.75
2675 6/16/2021 MUNICIPAL CODE
CORPORATION
ADMIN SUPPORT FEE - 6/1/21 - 5/31/22 100230 52314 $475.00
CHECK TOTAL $475.00
2676 6/16/2021 OFFICE OF THE STATE
CONTROLLER
FTB OFFSETS - 1/1/2020 - 12/31/20 100210 54900 $147.54
CHECK TOTAL $147.54
2677 6/16/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - PARKS & FACILITIES 100630 51200 $31.93
6/16/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - PUBLIC WORKS 100610 51200 $119.77
6/16/2021 OFFICE SOLUTIONS MEMO CREDIT-COVID SUPPLIES 106130 51200 ($228.11)
6/16/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100130 51200 $400.81
6/16/2021 OFFICE SOLUTIONS OFFICE SOLUTIONS ORDER MAY 2021 100510 51200 $136.32
6/16/2021 OFFICE SOLUTIONS DAY CAMP SUPPLIES 100520 51200 $263.27
6/16/2021 OFFICE SOLUTIONS DAY CAMP SUPPLIES 100520 51200 $19.64
CHECK TOTAL $743.63
2678 6/16/2021 ONE TIME PAY VENDOR ADELE PRINCE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $82.50
CHECK TOTAL $82.50
2679 6/16/2021 ONE TIME PAY VENDOR ADRIAN RIOS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $90.00
3.2.b
Packet Pg. 32
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $90.00
2680 6/16/2021 ONE TIME PAY VENDOR ALLAN OJERIO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2681 6/16/2021 ONE TIME PAY VENDOR ALLYSON SOCASH RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $82.50
CHECK TOTAL $82.50
2682 6/16/2021 ONE TIME PAY VENDOR AMY BUSTAMONTE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2683 6/16/2021 ONE TIME PAY VENDOR ANDREA JORGENSEN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2684 6/16/2021 ONE TIME PAY VENDOR ANIL MEHTA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $90.00
CHECK TOTAL $90.00
2685 6/16/2021 ONE TIME PAY VENDOR ANITA SHUM RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $6.10
CHECK TOTAL $6.10
2686 6/16/2021 ONE TIME PAY VENDOR AUTUMN CORZINE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $35.00
CHECK TOTAL $35.00
2687 6/16/2021 ONE TIME PAY VENDOR BASILIO PENDERIS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $60.00
CHECK TOTAL $60.00
2688 6/16/2021 ONE TIME PAY VENDOR BOB TAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $63.00
CHECK TOTAL $63.00
2689 6/16/2021 ONE TIME PAY VENDOR BRIAN PHAM RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $106.00
CHECK TOTAL $106.00
2690 6/16/2021 ONE TIME PAY VENDOR CALENE BRON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $56.00
CHECK TOTAL $56.00
2691 6/16/2021 ONE TIME PAY VENDOR CALVIN JEW RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $103.75
3.2.b
Packet Pg. 33
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $103.75
2692 6/16/2021 ONE TIME PAY VENDOR CASSANDRA
CHIHUAHUA FRANCO
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2693 6/16/2021 ONE TIME PAY VENDOR CHIH LING CHEN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2694 6/16/2021 ONE TIME PAY VENDOR CHRIS RUNYAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $43.11
CHECK TOTAL $43.11
2695 6/16/2021 ONE TIME PAY VENDOR CHRISTINA ABRAHIM MARIELSINGLETON@GMAIL.COM 100 20202 $8.20
CHECK TOTAL $8.20
2696 6/16/2021 ONE TIME PAY VENDOR CHRISTINE MCGURTY RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2697 6/16/2021 ONE TIME PAY VENDOR CLARA BARR RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $69.25
CHECK TOTAL $69.25
2698 6/16/2021 ONE TIME PAY VENDOR CLAUDIA FLORES RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $37.50
CHECK TOTAL $37.50
2699 6/16/2021 ONE TIME PAY VENDOR CODY WANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $82.50
CHECK TOTAL $82.50
2700 6/16/2021 ONE TIME PAY VENDOR CORINEE LIAO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $20.00
CHECK TOTAL $20.00
2701 6/16/2021 ONE TIME PAY VENDOR DANIELL WHITTINGTON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $96.60
CHECK TOTAL $96.60
2702 6/16/2021 ONE TIME PAY VENDOR DANZEK ELKHATIB RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $54.00
CHECK TOTAL $54.00
2703 6/16/2021 ONE TIME PAY VENDOR DAYMOND JOHNSON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
3.2.b
Packet Pg. 34
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $28.74
2704 6/16/2021 ONE TIME PAY VENDOR DEE YU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $88.00
CHECK TOTAL $88.00
2705 6/16/2021 ONE TIME PAY VENDOR DIANNA DEL TORO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $60.00
CHECK TOTAL $60.00
2706 6/16/2021 ONE TIME PAY VENDOR DONNA BROOKS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2707 6/16/2021 ONE TIME PAY VENDOR DOREEN TEMPLE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $30.00
CHECK TOTAL $30.00
2708 6/16/2021 ONE TIME PAY VENDOR EDMUNDO CHOW RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $110.00
CHECK TOTAL $110.00
2709 6/16/2021 ONE TIME PAY VENDOR ELFAH ABDUL NOUR RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2710 6/16/2021 ONE TIME PAY VENDOR ELISE CHUANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $85.00
CHECK TOTAL $85.00
2711 6/16/2021 ONE TIME PAY VENDOR EMILY VAQUERA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2712 6/16/2021 ONE TIME PAY VENDOR ESTELA FUENTES RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $68.00
CHECK TOTAL $68.00
2713 6/16/2021 ONE TIME PAY VENDOR FE VILLAFLOR RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $70.00
CHECK TOTAL $70.00
2714 6/16/2021 ONE TIME PAY VENDOR FRANCISCO PALMA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2715 6/16/2021 ONE TIME PAY VENDOR FRANK LIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
3.2.b
Packet Pg. 35
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $50.00
2716 6/16/2021 ONE TIME PAY VENDOR GIA HOA WANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2717 6/16/2021 ONE TIME PAY VENDOR GINA MONTEVERDE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2718 6/16/2021 ONE TIME PAY VENDOR GRACE KIM RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2719 6/16/2021 ONE TIME PAY VENDOR GRETCHEN KUNZE-
FAHRNEY
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $62.75
CHECK TOTAL $62.75
2720 6/16/2021 ONE TIME PAY VENDOR GUIFANG SU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2721 6/16/2021 ONE TIME PAY VENDOR JAK
CHAROENSAKWIROJ
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $9.25
CHECK TOTAL $9.25
2722 6/16/2021 ONE TIME PAY VENDOR JAMES TSENG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2723 6/16/2021 ONE TIME PAY VENDOR JEFF LEE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $49.00
CHECK TOTAL $49.00
2724 6/16/2021 ONE TIME PAY VENDOR JENNIFER SANCHEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $46.17
CHECK TOTAL $46.17
2725 6/16/2021 ONE TIME PAY VENDOR JEONG SONG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $41.25
CHECK TOTAL $41.25
2726 6/16/2021 ONE TIME PAY VENDOR JIM NEWBURY DIAMOND BAR CENTER 360 TOUR
PRODUCTION
100510 52110 $4,120.00
CHECK TOTAL $4,120.00
2727 6/16/2021 ONE TIME PAY VENDOR JIM TODA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
3.2.b
Packet Pg. 36
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $13.75
2728 6/16/2021 ONE TIME PAY VENDOR JONATHAN OLEINICK RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $85.00
CHECK TOTAL $85.00
2729 6/16/2021 ONE TIME PAY VENDOR JOSEPHINE NATIVIDAD RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $60.00
CHECK TOTAL $60.00
2730 6/16/2021 ONE TIME PAY VENDOR JOSIE TRAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2731 6/16/2021 ONE TIME PAY VENDOR JUAN CARLOS ALMEIDA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $41.25
CHECK TOTAL $41.25
2732 6/16/2021 ONE TIME PAY VENDOR JUDY ORTIZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2733 6/16/2021 ONE TIME PAY VENDOR JUSTIN MACKEY RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $21.00
CHECK TOTAL $21.00
2734 6/16/2021 ONE TIME PAY VENDOR KARINA MINAYA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2735 6/16/2021 ONE TIME PAY VENDOR KATHY PLEWNARZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2736 6/16/2021 ONE TIME PAY VENDOR KATIE NG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $55.00
CHECK TOTAL $55.00
2737 6/16/2021 ONE TIME PAY VENDOR KELLI WHITAKER RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2738 6/16/2021 ONE TIME PAY VENDOR KENNY BOWMAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2739 6/16/2021 ONE TIME PAY VENDOR KOMAL KAMIESH ITALIA RECREATION HHC REFUND DUE TO
COVID-19 - BASKETBALL
100 20202 $13.75
3.2.b
Packet Pg. 37
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $13.75
2740 6/16/2021 ONE TIME PAY VENDOR KRISTINE JIMENEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2741 6/16/2021 ONE TIME PAY VENDOR KUAN TA HUANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2742 6/16/2021 ONE TIME PAY VENDOR LAURA GAO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $96.75
CHECK TOTAL $96.75
2743 6/16/2021 ONE TIME PAY VENDOR LEON PALMISANO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2744 6/16/2021 ONE TIME PAY VENDOR LIHUI YANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2745 6/16/2021 ONE TIME PAY VENDOR LINDA HAMILTON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2746 6/16/2021 ONE TIME PAY VENDOR LOANN CORONEL RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2747 6/16/2021 ONE TIME PAY VENDOR MA LUISA CARTWRIGHT RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2748 6/16/2021 ONE TIME PAY VENDOR MARIA CONSUELO
VALDEZ
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $53.00
CHECK TOTAL $53.00
2749 6/16/2021 ONE TIME PAY VENDOR MARIA DAVIS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $86.25
CHECK TOTAL $86.25
2750 6/16/2021 ONE TIME PAY VENDOR MARIAN GONZALEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $47.08
CHECK TOTAL $47.08
2751 6/16/2021 ONE TIME PAY VENDOR MARIANNE ADAMS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $80.00
3.2.b
Packet Pg. 38
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $80.00
2752 6/16/2021 ONE TIME PAY VENDOR MARIE MARRON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2753 6/16/2021 ONE TIME PAY VENDOR MARISA REYES RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $32.00
CHECK TOTAL $32.00
2754 6/16/2021 ONE TIME PAY VENDOR MARNICA VALENCIA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $58.75
CHECK TOTAL $58.75
2755 6/16/2021 ONE TIME PAY VENDOR MARY DONG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $5.74
CHECK TOTAL $5.74
2756 6/16/2021 ONE TIME PAY VENDOR MARYANN DE LA CRUZ
BENITEZ
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $47.50
CHECK TOTAL $47.50
2757 6/16/2021 ONE TIME PAY VENDOR MELISSA MENESES RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $109.00
CHECK TOTAL $109.00
2758 6/16/2021 ONE TIME PAY VENDOR MIKE LI RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $90.00
CHECK TOTAL $90.00
2759 6/16/2021 ONE TIME PAY VENDOR MINDY JIANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $90.00
CHECK TOTAL $90.00
2760 6/16/2021 ONE TIME PAY VENDOR MONIKA GONZALEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2761 6/16/2021 ONE TIME PAY VENDOR NATASHA
VANDENWORM
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2762 6/16/2021 ONE TIME PAY VENDOR NICHOLAS ENRIQUEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $5.00
CHECK TOTAL $5.00
2763 6/16/2021 ONE TIME PAY VENDOR OI LIN KWAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $88.00
3.2.b
Packet Pg. 39
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $88.00
2764 6/16/2021 ONE TIME PAY VENDOR OLIVIA TANSON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $48.00
CHECK TOTAL $48.00
2765 6/16/2021 ONE TIME PAY VENDOR PAUL PARK RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $102.00
CHECK TOTAL $102.00
2766 6/16/2021 ONE TIME PAY VENDOR PAULINE YANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2767 6/16/2021 ONE TIME PAY VENDOR PEGGY CHENG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2768 6/16/2021 ONE TIME PAY VENDOR PHOEBE CHIANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $106.00
CHECK TOTAL $106.00
2769 6/16/2021 ONE TIME PAY VENDOR PRIDE OSAYAMWEN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $100.50
CHECK TOTAL $100.50
2770 6/16/2021 ONE TIME PAY VENDOR RAMA ZAKOUL RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2771 6/16/2021 ONE TIME PAY VENDOR RAMON YEH RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2772 6/16/2021 ONE TIME PAY VENDOR RANDY LIU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $21.00
CHECK TOTAL $21.00
2773 6/16/2021 ONE TIME PAY VENDOR RAYMOND CHOY RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $110.00
CHECK TOTAL $110.00
2774 6/16/2021 ONE TIME PAY VENDOR RICHARD PENG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $96.75
CHECK TOTAL $96.75
2775 6/16/2021 ONE TIME PAY VENDOR ROBIN CRAWFORD RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID 19
100 20202 $44.40
3.2.b
Packet Pg. 40
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $44.40
2776 6/16/2021 ONE TIME PAY VENDOR RONDA LAROSA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2777 6/16/2021 ONE TIME PAY VENDOR SANDRA BALES RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $6.50
CHECK TOTAL $6.50
2778 6/16/2021 ONE TIME PAY VENDOR SANDRA YANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2779 6/16/2021 ONE TIME PAY VENDOR SARAH ADAMS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2780 6/16/2021 ONE TIME PAY VENDOR SHANE MIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $100.50
CHECK TOTAL $100.50
2781 6/16/2021 ONE TIME PAY VENDOR SHANNON THAYER RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2782 6/16/2021 ONE TIME PAY VENDOR SHARMILA RANGARAJ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $56.00
CHECK TOTAL $56.00
2783 6/16/2021 ONE TIME PAY VENDOR SHUYU LIU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $56.25
CHECK TOTAL $56.25
2784 6/16/2021 ONE TIME PAY VENDOR SOK CHHENG CHEA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2785 6/16/2021 ONE TIME PAY VENDOR SOPHIA PALACIO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $60.00
CHECK TOTAL $60.00
2786 6/16/2021 ONE TIME PAY VENDOR STAN HUANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $106.00
CHECK TOTAL $106.00
2787 6/16/2021 ONE TIME PAY VENDOR STEPHANIE CARR RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $6.10
3.2.b
Packet Pg. 41
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $6.10
2788 6/16/2021 ONE TIME PAY VENDOR SUHENG WU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2789 6/16/2021 ONE TIME PAY VENDOR SUN YOUNG CHOE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $63.75
CHECK TOTAL $63.75
2790 6/16/2021 ONE TIME PAY VENDOR SUSANNE MATTIE
POTTER
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $50.00
CHECK TOTAL $50.00
2791 6/16/2021 ONE TIME PAY VENDOR TENG FAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $60.00
CHECK TOTAL $60.00
2792 6/16/2021 ONE TIME PAY VENDOR TIFFANY GONZALEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2793 6/16/2021 ONE TIME PAY VENDOR TISCARENO'S CATERING
& EVENTS
JUNE SENIOR BOX LUNCH 100520 55310 $448.95
CHECK TOTAL $448.95
2794 6/16/2021 ONE TIME PAY VENDOR TRACY YU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $5.74
CHECK TOTAL $5.74
2795 6/16/2021 ONE TIME PAY VENDOR VICKY VICENCIO-BURKE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $82.50
CHECK TOTAL $82.50
2796 6/16/2021 ONE TIME PAY VENDOR VICTORIA JEFFRES RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $52.00
CHECK TOTAL $52.00
2797 6/16/2021 ONE TIME PAY VENDOR WILBERT SOO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2798 6/16/2021 ONE TIME PAY VENDOR XIN XIONG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $96.75
CHECK TOTAL $96.75
2799 6/16/2021 ONE TIME PAY VENDOR YANG YU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $63.75
3.2.b
Packet Pg. 42
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $63.75
2800 6/16/2021 ONE TIME PAY VENDOR YOUTHOR MENG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $41.25
CHECK TOTAL $41.25
2801 6/16/2021 ONE TIME PAY VENDOR YU JEN CHEN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $89.00
CHECK TOTAL $89.00
2802 6/16/2021 ONE TIME PAY VENDOR YU-HUNG LIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.74
CHECK TOTAL $28.74
2803 6/16/2021 ONE TIME PAY VENDOR YUAN NENG WANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2804 6/16/2021 ONE TIME PAY VENDOR YUANYUAN ZHENG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2805 6/16/2021 ONE TIME PAY VENDOR YUNJEN YU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $13.75
CHECK TOTAL $13.75
2806 6/16/2021 ONE TIME PAY VENDOR ZAKIR BHAIJEE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $100.50
CHECK TOTAL $100.50
2807 6/16/2021 ONE TIME PAY VENDOR APEX ROOFING CD DEPOSIT REFUND 100 22105 $250.00
CHECK TOTAL $250.00
2808 6/16/2021 ONE TIME PAY VENDOR SAMIR BATNIJI DEV DEPOSIT REFUND-WITHDRAWAL-
2360 INDIAN CREEK
100 22107 $3,555.33
CHECK TOTAL $3,555.33
2809 6/16/2021 PAPER RECYCLING &
SHREDDING
PAPER RECYCLING -CITY HALL 250170 55000 $65.00
CHECK TOTAL $65.00
2810 6/16/2021 PAUL TAYLOR SERVICE AND REPLACE RIBBON FOR THE
TIME CLOCK
100130 52310 $193.07
CHECK TOTAL $193.07
2811 6/16/2021 QUINN RENTAL SERVICES RENTAL OF EQUIPMENT - ROAD
MAINTENANCE
100655 52300 $1,005.52
3.2.b
Packet Pg. 43
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $1,005.52
2812 6/16/2021 RAPHAEL H PLUNKETT STIPEND - PARKS & REC MTG - MAY 2021 100520 52525 $45.00
CHECK TOTAL $45.00
2813 6/16/2021 RAYMOND WALTER WOLFE STIPEND - 5/25/21-PC MT 100410 52525 $65.00
CHECK TOTAL $65.00
2814 6/16/2021 REGIONAL TAP SERVICE CENTER TAP SVCS - MAY 2021 206650 55620 ($5.40)
6/16/2021 REGIONAL TAP SERVICE CENTER TAP SVCS - MAY 2021 206650 55610 $36.00
6/16/2021 REGIONAL TAP SERVICE CENTER TAP SVCS - MAY 2021 206650 55620 $144.00
6/16/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - MAY 2021 206650 55620 $224.40
6/16/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - MAY 2021 206650 55610 $897.60
CHECK TOTAL $1,296.60
2815 6/16/2021 RICHDAI INC INSTRUCTOR PAYMENT SPRING 221 100520 55320 $218.40
CHECK TOTAL $218.40
2816 6/16/2021 SAN GABRIEL CONSERVATION
CORP
PAPER SHREDDING EVENT 250170 55000 $915.00
CHECK TOTAL $915.00
2817 6/16/2021 SC FUELS FLEET VEHICLE FUEL 502130 52330 $41.07
6/16/2021 SC FUELS FLEET VEHICLE FUEL 502620 52330 $148.66
6/16/2021 SC FUELS FLEET VEHICLE FUEL 502630 52330 $485.42
6/16/2021 SC FUELS FLEET VEHICLE FUEL 502655 52330 $557.91
CHECK TOTAL $1,233.06
2818 6/16/2021 SCHORR METALS INC PARK MAINTENANCE (SYCAMORE
TRAILS)
100630 52320 $71.78
CHECK TOTAL $71.78
2819 6/16/2021 SOCIAL VOCATIONAL SERVICES WEED ABATEMENT (MAY 2021) 100645 55528 $2,909.00
CHECK TOTAL $2,909.00
2820 6/16/2021 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK 5/21 100230 54030 $269.01
CHECK TOTAL $269.01
2821 6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
239 21107 $1.27
3.2.b
Packet Pg. 44
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
241 21107 $1.27
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
106 21107 $2.39
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
238 21107 $2.55
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
207 21107 $3.43
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
106 21113 $4.73
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
239 21113 $5.03
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
241 21113 $5.03
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
225 21107 $6.22
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
206 21107 $9.93
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
238 21113 $10.07
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
207 21113 $12.40
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
225 21113 $15.13
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
201 21107 $21.85
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
201 21113 $24.16
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
206 21113 $26.10
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
250 21107 $36.06
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
250 21113 $60.47
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
100 21107 $1,068.78
6/16/2021 STANDARD INSURANCE
COMPANY
LIFE/AD&D/SUPP LIFE/STD/LTD INS
PREMIUM JUNE 2021
100 21113 $1,944.93
CHECK TOTAL $3,261.80
3.2.b
Packet Pg. 45
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2822 6/16/2021 STEPHEN QIU STIPEND - PARKS & REC MTG MAY 2021 100520 52525 $45.00
CHECK TOTAL $45.00
2823 6/16/2021 TENNIS ANYONE INC TENNIS INSTRUCTION 100520 55320 $5,873.14
CHECK TOTAL $5,873.14
2824 6/16/2021 THE COMDYN GROUP INC GIS SUPPORT - APR/MAY 2021 100230 54900 $2,224.04
CHECK TOTAL $2,224.04
2825 6/16/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD - LLAD #39 INTENT TO
DISSOLVE
239639 52160 $2,090.00
CHECK TOTAL $2,090.00
2826 6/16/2021 TIMOTHY D BOWEN INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $3,175.20
CHECK TOTAL $3,175.20
2827 6/16/2021 TUCKER TIRE COMPANY INC VEHICLE MAINTENANCE (ROAD
MAINTENANCE)
502655 52312 $553.11
CHECK TOTAL $553.11
2828 6/16/2021 UNDERGROUND SERVICE ALERT
OF SO CA
USA DIGALERT SERVICE - APRIL 2021 100615 54410 $125.50
6/16/2021 UNDERGROUND SERVICE ALERT
OF SO CA
USA - DIGALERT - MONTHLY FEE - MAY
2021
100615 54410 $109.00
6/16/2021 UNDERGROUND SERVICE ALERT
OF SO CA
USA - DIGALERT - MONTHLY FEE - FEB
2021
100615 54410 $102.40
CHECK TOTAL $336.90
2829 6/16/2021 UNITED RECORDS MANAGEMENT
INC
OFF-SITE STORAGE OF BACK-UP TAPES -
MAY 2021
100230 55000 $594.00
CHECK TOTAL $594.00
2830 6/16/2021 US BANK CALCARD STATEMENT - MAY 2021 999 28100 $7,545.44
CHECK TOTAL $7,545.44
2831 6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 239 21108 $5.54
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 241 21108 $5.54
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 106 21108 $5.83
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 238 21108 $11.09
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 207 21108 $14.04
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 225 21108 $14.43
3.2.b
Packet Pg. 46
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 201 21108 $18.21
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 206 21108 $41.48
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 250 21108 $42.89
6/16/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2021 100 21108 $1,767.22
CHECK TOTAL $1,926.27
2832 6/16/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES - CITY HALL 100620 51200 $164.25
6/16/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES - DIAMOND BAR
CENTER
100510 51210 $911.68
6/16/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES - CITY HALL 100620 51200 $439.75
6/16/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES - PARKS 100630 51200 $499.65
6/16/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES - CITY HALL 100620 51200 $4,402.75
6/16/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $48.26
CHECK TOTAL $6,466.34
2833 6/16/2021 WILLIAM AUSTIN RAWLINGS ATTENDANCE-5/25/21 PC MTG-
RAWLINGS
100410 52525 $65.00
CHECK TOTAL $65.00
2837 6/30/2021 CDW GOVERNMENT HP CAREPACKS FOR SERVERS AND TAPE
LIBRARIES
206650 56130 $32,884.02
CHECK TOTAL $32,884.02
2838 6/30/2021 EIDE BAILLY LLP PROFESSIONAL SERVICES - INTERIM
FINANCE DIRECTOR
100130 54900 $17,607.68
CHECK TOTAL $17,607.68
2839 6/30/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2020-21 SHERIFF'S LAW ENF. SVS - MAY
2021
100310 55400 $589,029.04
6/30/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2020-21 SHERIFF'S LAW ENF. SVC - ST.
SWEEP 04/21
100310 55402 $727.82
6/30/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2020-21 SHERIFF'S LAW ENF. SVS -
CAV/STSW 05/21
100310 55402 $10,899.35
CHECK TOTAL $600,656.21
2840 6/30/2021 MCE CORPORATION STREET MAINTENANCE & VEGETATION
CONTROL - MAY 2021
100655 55528 $10,958.60
CHECK TOTAL $10,958.60
3.2.b
Packet Pg. 47
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2841 6/30/2021 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES - APRIL
2021
100420 55100 $55,809.11
CHECK TOTAL $55,809.11
2842 6/30/2021 SOUTHERN CALIFORNIA EDISON 1000 S LEMON (5.13.21 - 6.13.21) 238638 52210 $16.21
6/30/2021 SOUTHERN CALIFORNIA EDISON 3564 BREA CANYON (5.14.21 - 6.14.21) 238638 52210 $15.74
6/30/2021 SOUTHERN CALIFORNIA EDISON CITY HALL (5.14.21 - 6.12.21 100620 52210 $13,427.24
6/30/2021 SOUTHERN CALIFORNIA EDISON 22745 SUNSET CROSSING ROAD (5.14.21
- 6.14.21)
238638 52210 $15.93
6/30/2021 SOUTHERN CALIFORNIA EDISON 2025 DIAMOND BAR BLVD (5.14.21 -
6.14.21)
238638 52210 $14.97
6/30/2021 SOUTHERN CALIFORNIA EDISON 2746 BREA CANYON (5.14.21 - 6.14.21) 238638 52210 $15.74
6/30/2021 SOUTHERN CALIFORNIA EDISON 652 BREA CANYON ROAD (05.21.21 -
06.21.21)
238638 52210 $15.79
6/30/2021 SOUTHERN CALIFORNIA EDISON 3334 1/2 BREA CANYON ROAD
(05.24.21 - 06.22.21)
100630 52210 $50.24
CHECK TOTAL $13,571.86
2843 6/30/2021 TENNIS ANYONE INC TENNIS INSTRUCTION 100520 55320 $10,056.62
CHECK TOTAL $10,056.62
2844 6/30/2021 US BANK CALCARD STATEMENT - JUNE 2021 999 28100 $10,708.64
CHECK TOTAL $10,708.64
2845 6/30/2021 WALNUT VALLEY WATER DISTRICT PARKS - MAY 2021 100630 52220 $22,960.02
6/30/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 39 - MAY 2021 239639 52220 $8,906.53
6/30/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 38 - MAY 2021 238638 52220 $12,696.02
6/30/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 PT. 1 - MAY 2021 241641 52220 $123.74
6/30/2021 WALNUT VALLEY WATER DISTRICT PARKS - PT. 2 - MAY 2021 100630 52220 $2,750.95
6/30/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 - PT. 2 - MAY 2021 241641 52220 $4,549.39
CHECK TOTAL $51,986.65
2846 6/30/2021 AMERICOMP GROUP CONTRACT SERVICES/TONER 100230 51200 $2,318.83
CHECK TOTAL $2,318.83
2847 6/30/2021 BALOGH JULIANNA INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $60.00
CHECK TOTAL $60.00
3.2.b
Packet Pg. 48
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2848 6/30/2021 ROBYN A BECKWITH DBC PLANT SERVICE - JUNE 2021 100510 51200 $200.00
CHECK TOTAL $200.00
2849 6/30/2021 JOHN E BISHOP INSTRUCTOR PAYMENT WINTER/SPRING
2021
100520 55320 $180.00
CHECK TOTAL $180.00
2850 6/30/2021 KATHY BREAUX INSTRUCTOR PAYMENT SUMMER 21 100520 55320 $225.60
CHECK TOTAL $225.60
2851 6/30/2021 BSN SPORTS CORP SUMMER DAY CAMP EQUIPMENT 100520 51200 $227.36
CHECK TOTAL $227.36
2852 6/30/2021 CALIFORNIA NEWSPAPERS
PARTNERSHIP
PRINTING OF THE JUNE 2021 CITY
NEWSLETTER
100240 52110 $2,810.10
CHECK TOTAL $2,810.10
2853 6/30/2021 CANNON CORPORATION PLAN CHECK - 2218 INDIAN CREEK 100 22109 $678.66
CHECK TOTAL $678.66
2854 6/30/2021 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR - CODE
ENFORCEMENT-APRIL 2021
100120 54024 $610.90
CHECK TOTAL $610.90
2855 6/30/2021 DAVID EVANS AND ASSOCIATES
INC
ON-CALL LANDSCAPE PLAN CHECK
SVCS-3/28-5/1/21
100 22107 $25.50
6/30/2021 DAVID EVANS AND ASSOCIATES
INC
ON-CALL LANDSCAPE PLAN CHECK
SVCS-3/28-5/1/21
100 22107 $820.00
6/30/2021 DAVID EVANS AND ASSOCIATES
INC
ON-CALL LANDSCAPE PLAN CHECK
SVCS-3/28-5/1/21
100 22107 $855.00
6/30/2021 DAVID EVANS AND ASSOCIATES
INC
ON-CALL LANDSCAPE PLAN CHECK
SVCS-3/28-5/1/21
100 22107 $1,318.75
6/30/2021 DAVID EVANS AND ASSOCIATES
INC
ON-CALL LANDSCAPE PLAN CHECK
SVCS-3/28-5/1/21
100 22107 $1,377.50
6/30/2021 DAVID EVANS AND ASSOCIATES
INC
ON-CALL LANDSCAPE PLAN CHECK
SVCS-3/28-5/1/21
100 22107 $1,382.50
6/30/2021 DAVID EVANS AND ASSOCIATES
INC
LANDSCAPE PLAN CHECK-3255 DB BL -
5/2-5/29/21
100 22107 $984.00
CHECK TOTAL $6,763.25
2856 6/30/2021 CAROL A DENNIS MINUTE SECRETARY FOR COUNCIL
MEETINGS
100130 54900 $300.00
CHECK TOTAL $300.00
3.2.b
Packet Pg. 49
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2857 6/30/2021 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $96.00
CHECK TOTAL $96.00
2858 6/30/2021 DS SERVICES OF AMERICA INC BOTTLED WATER (JUNE 2021) 100630 51200 $197.26
CHECK TOTAL $197.26
2859 6/30/2021 ENVIRONMENTAL SCIENCE
ASSOCIATES
CEQA CONSULTING SVCS - TTM54081
3/1 - 4/30/21
100 22107 $5,150.00
CHECK TOTAL $5,150.00
2860 6/30/2021 EXTERIOR PRODUCTS CORP BANNERS JUNE 2021 100520 55300 $5,195.42
CHECK TOTAL $5,195.42
2861 6/30/2021 FEDERAL EXPRESS
CORPORATION
EXPRESS MAIL - GENERAL 100130 52170 $21.32
CHECK TOTAL $21.32
2862 6/30/2021 FUN EXPRESS LLC DAY CAMP CRAFT SUPPLIES 100520 51200 $91.95
6/30/2021 FUN EXPRESS LLC DAY CAMP ACTIVITY & CRAFT SUPPLIES 100520 51200 $683.64
CHECK TOTAL $775.59
2863 6/30/2021 GOVCONNECTION INC POWERSHOT DIGITAL CAMERAS (2) -
CODE ENFORCEMENT
100230 51300 $279.36
CHECK TOTAL $279.36
2864 6/30/2021 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT - MAY 2021 100430 55540 $2,975.00
CHECK TOTAL $2,975.00
2865 6/30/2021 HDL COMPANIES CONTRACT SERVICES - SALES TAX 100210 54010 $1,646.39
CHECK TOTAL $1,646.39
2866 6/30/2021 INSIGHT PUBLIC SECTOR LOGITECH WEB CAMERAS (2) 100230 51200 $208.05
6/30/2021 INSIGHT PUBLIC SECTOR LOGITECH WEB CAMS (8) 100230 51200 $832.20
CHECK TOTAL $1,040.25
2867 6/30/2021 INTEGRUS LLC RICOH PRINTER/COPIERS CHARGES -
5/19/21-6/18/21
100230 52100 $577.53
CHECK TOTAL $577.53
2868 6/30/2021 JAIME LEE CERVANTES ROAD MAINTENANCE SMALL TOOLS &
EQUIPMENT
100655 51300 $5,469.53
CHECK TOTAL $5,469.53
3.2.b
Packet Pg. 50
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2869 6/30/2021 JOE A GONSALVES & SON INC PROFESSIONAL LEGISLATIVE SERVICES
FOR FY 2020-2021
100130 54900 $90.00
CHECK TOTAL $90.00
2870 6/30/2021 JOSEPH R CARRILLO PHOTOGRAPHER FOR BUNNY BOX
DRIVE THRU
100520 51200 $450.00
CHECK TOTAL $450.00
2871 6/30/2021 LANCE SOLL & LUNGHARD LLP AUDIT SERVICES - INTERIM TESTWORK 100210 54010 $8,575.00
CHECK TOTAL $8,575.00
2872 6/30/2021 LANDS' END INC STAFF UNIFORMS (JACKETS AND SHIRTS) 100520 51200 $4,049.88
CHECK TOTAL $4,049.88
2873 6/30/2021 LIEBERT CASSIDY WHITMORE PROFESSIONAL SERVICES 100220 54900 $114.00
CHECK TOTAL $114.00
2874 6/30/2021 MOVIES BY KIDS - OC LLC INSTRUCTOR PAYMENT SUMMER 21 100520 55320 $2,376.00
CHECK TOTAL $2,376.00
2875 6/30/2021 MSNOC INC INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $3,300.00
CHECK TOTAL $3,300.00
2876 6/30/2021 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $299.00
CHECK TOTAL $299.00
2877 6/30/2021 OFFICE SOLUTIONS PLANNING DEPT OFFICE SUPPLIES 100410 51200 $236.67
CHECK TOTAL $236.67
2878 6/30/2021 ONE TIME PAY VENDOR AARON ESPINOSA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.00
CHECK TOTAL $18.00
2879 6/30/2021 ONE TIME PAY VENDOR ALAN KARLIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $33.75
CHECK TOTAL $33.75
2880 6/30/2021 ONE TIME PAY VENDOR ALBERT JOHNSON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $20.00
CHECK TOTAL $20.00
2881 6/30/2021 ONE TIME PAY VENDOR AMBER LIGGET RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $33.75
CHECK TOTAL $33.75
3.2.b
Packet Pg. 51
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2882 6/30/2021 ONE TIME PAY VENDOR ANGELA CHEN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.75
CHECK TOTAL $18.75
2883 6/30/2021 ONE TIME PAY VENDOR ANTONIA YANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2884 6/30/2021 ONE TIME PAY VENDOR ASHLEY VALDEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2885 6/30/2021 ONE TIME PAY VENDOR BASILIO PENDERIS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2886 6/30/2021 ONE TIME PAY VENDOR BECKI KING RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $26.00
CHECK TOTAL $26.00
2887 6/30/2021 ONE TIME PAY VENDOR BIN ZHANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $12.00
CHECK TOTAL $12.00
2888 6/30/2021 ONE TIME PAY VENDOR BONNIE TING RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $20.00
CHECK TOTAL $20.00
2889 6/30/2021 ONE TIME PAY VENDOR CAROL GONZALES RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2890 6/30/2021 ONE TIME PAY VENDOR CHIH CHENG TZANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $44.50
CHECK TOTAL $44.50
2891 6/30/2021 ONE TIME PAY VENDOR CHRISTIAN VALENCIA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2892 6/30/2021 ONE TIME PAY VENDOR CHRISTINE LANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $30.00
CHECK TOTAL $30.00
2893 6/30/2021 ONE TIME PAY VENDOR CLAUDIA SANCHEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
3.2.b
Packet Pg. 52
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2894 6/30/2021 ONE TIME PAY VENDOR CLIFFORD ELMER RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $30.00
CHECK TOTAL $30.00
2895 6/30/2021 ONE TIME PAY VENDOR DANNY LOPEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.75
CHECK TOTAL $18.75
2896 6/30/2021 ONE TIME PAY VENDOR DAVID SHIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $16.00
CHECK TOTAL $16.00
2897 6/30/2021 ONE TIME PAY VENDOR DAVID TRAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2898 6/30/2021 ONE TIME PAY VENDOR DEBBIE MAMIC PICNIC RENTAL REFUND-AREA CLEAN 100 20202 $100.00
CHECK TOTAL $100.00
2899 6/30/2021 ONE TIME PAY VENDOR DI MING LI RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2900 6/30/2021 ONE TIME PAY VENDOR DIAMOND BAR
COMMUNITY
FOUNDATION
EVENT REFUND 100 20202 $605.94
CHECK TOTAL $605.94
2901 6/30/2021 ONE TIME PAY VENDOR DOLORES MARTINEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $20.00
CHECK TOTAL $20.00
2902 6/30/2021 ONE TIME PAY VENDOR ELIZABETH SAN MARTIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2903 6/30/2021 ONE TIME PAY VENDOR ELLEN CHOI RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $39.25
CHECK TOTAL $39.25
2904 6/30/2021 ONE TIME PAY VENDOR EMILY VONG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2905 6/30/2021 ONE TIME PAY VENDOR ERICA TEJEDA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
3.2.b
Packet Pg. 53
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $27.50
2906 6/30/2021 ONE TIME PAY VENDOR FRAN HEUSDENS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID 19
100 20202 $20.00
CHECK TOTAL $20.00
2907 6/30/2021 ONE TIME PAY VENDOR FREDDY KUO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2908 6/30/2021 ONE TIME PAY VENDOR GEORGE WU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID 19
100 20202 $33.75
CHECK TOTAL $33.75
2909 6/30/2021 ONE TIME PAY VENDOR HAEJIN PARK RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.75
CHECK TOTAL $18.75
2910 6/30/2021 ONE TIME PAY VENDOR HALA MURAD RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID 19
100 20202 $41.40
CHECK TOTAL $41.40
2911 6/30/2021 ONE TIME PAY VENDOR HSIN-YI LEE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID 19
100 20202 $149.00
CHECK TOTAL $149.00
2912 6/30/2021 ONE TIME PAY VENDOR JANE JIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID
100 20202 $97.00
CHECK TOTAL $97.00
2913 6/30/2021 ONE TIME PAY VENDOR JANET AGUILERA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2914 6/30/2021 ONE TIME PAY VENDOR JEANNE GUIRAGOSSIAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.75
CHECK TOTAL $18.75
2915 6/30/2021 ONE TIME PAY VENDOR JIN KIM RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID 19
100 20202 $23.75
CHECK TOTAL $23.75
2916 6/30/2021 ONE TIME PAY VENDOR JIN KWON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID 19
100 20202 $23.75
CHECK TOTAL $23.75
2917 6/30/2021 ONE TIME PAY VENDOR JOELI LARRONDO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $23.75
3.2.b
Packet Pg. 54
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $23.75
2918 6/30/2021 ONE TIME PAY VENDOR JOHN WALLACE RECREATION HOUSEHOLD CREDIT
REFUND COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2919 6/30/2021 ONE TIME PAY VENDOR JONATHAN PHAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2920 6/30/2021 ONE TIME PAY VENDOR JONHONG WANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $26.00
CHECK TOTAL $26.00
2921 6/30/2021 ONE TIME PAY VENDOR JOSEPH LIAW RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $15.00
CHECK TOTAL $15.00
2922 6/30/2021 ONE TIME PAY VENDOR JUFEI LIAO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $23.75
CHECK TOTAL $23.75
2923 6/30/2021 ONE TIME PAY VENDOR KARALYN CHENG LING
KUAN
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $52.00
CHECK TOTAL $52.00
2924 6/30/2021 ONE TIME PAY VENDOR KAREN RIVERO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2925 6/30/2021 ONE TIME PAY VENDOR KATHY SHIBATA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2926 6/30/2021 ONE TIME PAY VENDOR KERMIT KUHN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2927 6/30/2021 ONE TIME PAY VENDOR KIMBERLY XU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $36.25
CHECK TOTAL $36.25
2928 6/30/2021 ONE TIME PAY VENDOR KOMAL KAMLESH ITALIA EVENT REFUND 100 20202 $855.00
CHECK TOTAL $855.00
2929 6/30/2021 ONE TIME PAY VENDOR KYU DONG AHN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $24.00
3.2.b
Packet Pg. 55
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $24.00
2930 6/30/2021 ONE TIME PAY VENDOR LAURA ANN CALMES RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $23.84
CHECK TOTAL $23.84
2931 6/30/2021 ONE TIME PAY VENDOR LAUREN ARANDA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.00
CHECK TOTAL $28.00
2932 6/30/2021 ONE TIME PAY VENDOR LEDIA MATTESON RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $30.00
CHECK TOTAL $30.00
2933 6/30/2021 ONE TIME PAY VENDOR LEON FENG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $44.50
CHECK TOTAL $44.50
2934 6/30/2021 ONE TIME PAY VENDOR LILLY WANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2935 6/30/2021 ONE TIME PAY VENDOR LINDA CARMONA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2936 6/30/2021 ONE TIME PAY VENDOR LINDA LONG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $41.40
CHECK TOTAL $41.40
2937 6/30/2021 ONE TIME PAY VENDOR LOREN RAMSEY RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2938 6/30/2021 ONE TIME PAY VENDOR LORENA ROMAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $19.67
CHECK TOTAL $19.67
2939 6/30/2021 ONE TIME PAY VENDOR LOUIE OCAMPO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2940 6/30/2021 ONE TIME PAY VENDOR LUPE PACHECO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $41.40
CHECK TOTAL $41.40
2941 6/30/2021 ONE TIME PAY VENDOR MARGRET BERNI RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
3.2.b
Packet Pg. 56
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $40.00
2942 6/30/2021 ONE TIME PAY VENDOR MARI CASTRO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.00
CHECK TOTAL $28.00
2943 6/30/2021 ONE TIME PAY VENDOR MARIA TANABE
MIYASATO
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2944 6/30/2021 ONE TIME PAY VENDOR MAY LIM RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $26.00
CHECK TOTAL $26.00
2945 6/30/2021 ONE TIME PAY VENDOR MENGYUAN WANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $23.75
CHECK TOTAL $23.75
2946 6/30/2021 ONE TIME PAY VENDOR MICHAEL PARK RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2947 6/30/2021 ONE TIME PAY VENDOR MICHELLE VASQUEZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2948 6/30/2021 ONE TIME PAY VENDOR MILIGROS SANTOS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $30.00
CHECK TOTAL $30.00
2949 6/30/2021 ONE TIME PAY VENDOR MIN HSU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2950 6/30/2021 ONE TIME PAY VENDOR MINDIE SUN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.75
CHECK TOTAL $18.75
2951 6/30/2021 ONE TIME PAY VENDOR NANCY LYONS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $23.33
CHECK TOTAL $23.33
2952 6/30/2021 ONE TIME PAY VENDOR NING YANG DAY CAMP CANCELLATION 100 20202 $325.00
CHECK TOTAL $325.00
2953 6/30/2021 ONE TIME PAY VENDOR NIRAKAR PRADHAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
3.2.b
Packet Pg. 57
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $25.00
2954 6/30/2021 ONE TIME PAY VENDOR PENYA SITTHISO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2955 6/30/2021 ONE TIME PAY VENDOR QIAOLING CHEN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $385.00
CHECK TOTAL $385.00
2956 6/30/2021 ONE TIME PAY VENDOR RANDY KUNG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2957 6/30/2021 ONE TIME PAY VENDOR RANDY LIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $23.00
CHECK TOTAL $23.00
2958 6/30/2021 ONE TIME PAY VENDOR RICHARD ORTIZ RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $30.00
CHECK TOTAL $30.00
2959 6/30/2021 ONE TIME PAY VENDOR SALLY BUNASAWA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.00
CHECK TOTAL $27.00
2960 6/30/2021 ONE TIME PAY VENDOR SAMUEL KEN JEW PICNIC RENTAL FULL REFUND-AREA
CLEAN
100 20202 $100.00
CHECK TOTAL $100.00
2961 6/30/2021 ONE TIME PAY VENDOR SAU KWAN TONG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2962 6/30/2021 ONE TIME PAY VENDOR SHAN TZU LIN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2963 6/30/2021 ONE TIME PAY VENDOR SHAN YING WANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $46.16
CHECK TOTAL $46.16
2964 6/30/2021 ONE TIME PAY VENDOR SHARMISTHA
CHAKRABORTY
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $41.40
CHECK TOTAL $41.40
2965 6/30/2021 ONE TIME PAY VENDOR SHARON ELLIS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.22
3.2.b
Packet Pg. 58
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $28.22
2966 6/30/2021 ONE TIME PAY VENDOR SHUYAN LIU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $38.00
CHECK TOTAL $38.00
2967 6/30/2021 ONE TIME PAY VENDOR SIERRA RIGGINS RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $30.00
CHECK TOTAL $30.00
2968 6/30/2021 ONE TIME PAY VENDOR SILVIA DELGADO RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $26.00
CHECK TOTAL $26.00
2969 6/30/2021 ONE TIME PAY VENDOR SOPHIA RICE RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2970 6/30/2021 ONE TIME PAY VENDOR SRIKALA KAMBAMPATI RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2971 6/30/2021 ONE TIME PAY VENDOR STEVEN WANG RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.75
CHECK TOTAL $18.75
2972 6/30/2021 ONE TIME PAY VENDOR SYLVIA AVILA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $40.00
CHECK TOTAL $40.00
2973 6/30/2021 ONE TIME PAY VENDOR TAI-HENG CHEN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.75
CHECK TOTAL $18.75
2974 6/30/2021 ONE TIME PAY VENDOR TAT MAU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $44.49
CHECK TOTAL $44.49
2975 6/30/2021 ONE TIME PAY VENDOR THERESA LEI RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $18.75
CHECK TOTAL $18.75
2976 6/30/2021 ONE TIME PAY VENDOR TIFFANY LAMAR RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $26.25
CHECK TOTAL $26.25
2977 6/30/2021 ONE TIME PAY VENDOR VICTORIA TENORIO
BARBILLA
RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $45.00
3.2.b
Packet Pg. 59
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $45.00
2978 6/30/2021 ONE TIME PAY VENDOR VINCA CHEN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $30.25
CHECK TOTAL $30.25
2979 6/30/2021 ONE TIME PAY VENDOR WANTZU LAI RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2980 6/30/2021 ONE TIME PAY VENDOR WAYLUP CHOY RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $26.00
CHECK TOTAL $26.00
2981 6/30/2021 ONE TIME PAY VENDOR XIAOMEI PAN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $27.50
CHECK TOTAL $27.50
2982 6/30/2021 ONE TIME PAY VENDOR YANG YU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $63.75
CHECK TOTAL $63.75
2983 6/30/2021 ONE TIME PAY VENDOR YIN RU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $33.75
CHECK TOTAL $33.75
2984 6/30/2021 ONE TIME PAY VENDOR YIN YEE LAM CLASS REFUND - PERSONAL SCHEDULE
CONFLICT
100 20202 $263.00
CHECK TOTAL $263.00
2985 6/30/2021 ONE TIME PAY VENDOR YING LU RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $25.00
CHECK TOTAL $25.00
2986 6/30/2021 ONE TIME PAY VENDOR YOLANDA SMITH RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $44.40
CHECK TOTAL $44.40
2987 6/30/2021 ONE TIME PAY VENDOR YONGMI AHN RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $39.00
CHECK TOTAL $39.00
2988 6/30/2021 OUTDOOR CREATIONS INC PLAQUES (PHILLIP WILLIAMS & STEVEN
HUANG)
100630 52320 $1,938.15
CHECK TOTAL $1,938.15
2989 6/30/2021 PRINTING DYNAMICS INC CERTIFICATES PAPER 100130 52110 $821.25
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City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $821.25
2990 6/30/2021 PRO1PRINT, LLC PRINTING OF POSTCARDS FOR
APPOINTMENT SYSTEM
100240 52110 $126.79
CHECK TOTAL $126.79
2991 6/30/2021 PROTECTION ONE INC BURGLAR ALARM (CITY HALL) 06.29.21 -
07.28.21
100620 52320 $35.13
CHECK TOTAL $35.13
2992 6/30/2021 QUINN RENTAL SERVICES PARKS & FACILITIES (EQUIPMENT
RENTAL)
100630 52300 $550.96
CHECK TOTAL $550.96
2993 6/30/2021 SC FUELS FLEET VEHICLE FUEL (06.15.21) 502130 52330 $44.22
6/30/2021 SC FUELS FLEET VEHICLE FUEL (06.15.21) 502430 52330 $89.65
6/30/2021 SC FUELS FLEET VEHICLE FUEL (06.15.21) 502620 52330 $340.06
6/30/2021 SC FUELS FLEET VEHICLE FUEL (06.15.21) 502655 52330 $590.86
6/30/2021 SC FUELS FLEET VEHICLE FUEL (06.15.21) 502630 52330 $754.69
CHECK TOTAL $1,819.48
2994 6/30/2021 SIMPSON ADVERTISING INC DESIGN/LAYOUT: JULY 2021 CITY
NEWSLETTER - 6-PAGER
100240 54900 $2,275.00
CHECK TOTAL $2,275.00
2995 6/30/2021 SPECTRUM BUSINESS CABLE TV/INTERNET - CITY HALL -APRIL
2021
100230 54030 $1,719.27
6/30/2021 SPECTRUM BUSINESS CABLE TV/INTERNET - CITY HALL - MAY
2021
100230 54030 $1,719.27
6/30/2021 SPECTRUM BUSINESS CABLE TV/INTERNET - CITY HALL - JUNE
2021
100230 54030 $1,719.27
CHECK TOTAL $5,157.81
2996 6/30/2021 TASC FSA - ADMIN FEES 100220 52515 $88.92
6/30/2021 TASC FSA - ADMIN FEES 100220 52515 $117.00
CHECK TOTAL $205.92
2997 6/30/2021 THE COMDYN GROUP INC GIS SUPPORT - 5/22/21-6/18/21 100230 54900 $1,270.88
CHECK TOTAL $1,270.88
2998 6/30/2021 THE GAS COMPANY DIAMOND BAR CENTER (5.14.21 -
6.15.21)
100510 52215 $211.23
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City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $211.23
2999 6/30/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-PC MTG 5/25/21-2523 BLAZE
TRAIL
100 22107 $642.50
6/30/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LGL AD-PUBLIC HRG-PC MTG 6/22/21-
3333 DIAMOND CYN
100 22107 $635.00
CHECK TOTAL $1,277.50
3000 6/30/2021 THE TAIT GROUP INC CS-ENGR - VARIOUS TRAFFIC-RELATED
PROJ - APR 2021
100615 54410 $5,200.00
CHECK TOTAL $5,200.00
3001 6/30/2021 TRIFYTT SPORTS LLC INSTRUCTOR PAYMENT SPRING 2021 100520 55320 $415.80
CHECK TOTAL $415.80
3002 6/30/2021 TUCKER TIRE COMPANY INC VEHICLE MAINTENANCE (PARKS &
FACILITIES)
502630 52312 $781.58
CHECK TOTAL $781.58
3003 6/30/2021 VERIZON WIRELESS WIRELESS PHONE SERVICE FOR PW & CD
DEPTS.
100230 52200 $2,122.45
CHECK TOTAL $2,122.45
3004 6/30/2021 WALNUT VALLEY WATER DISTRICT DIAMOND BAR CENTER - MAY 2021 100510 52220 $270.84
6/30/2021 WALNUT VALLEY WATER DISTRICT CITY HALL - MAY 2021 100620 52220 $591.25
CHECK TOTAL $862.09
3005 6/30/2021 WASTE MANAGEMENT
COLLECTION AND RECYCLING
INC
CODE ENF ABATEMENT-2202 S. PEBBLE
LANE
100430 55120 $1,294.37
CHECK TOTAL $1,294.37
3006 6/30/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $58.91
CHECK TOTAL $58.91
3007 6/30/2021 WEST COAST MEDIA INC DBC AD FOR SUMMER ISSUE 100510 52160 $500.00
CHECK TOTAL $500.00
3008 6/30/2021 WILLIAM F DUNABLE SHERIFF - LIDAR CALIBRATION 5 CITY
DEVICES
100310 52310 $375.00
CHECK TOTAL $375.00
3009 6/25/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
WITHHOLDING ORDER 20NWLC11081 100 23199 $466.67
CHECK TOTAL $466.67
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City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
GRAND TOTAL $1,465,342.02
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Agenda #: 3.3
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the April 2021 Treasurer’s Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer’s
Statement to the City Council for review and approval. This statement shows the cash
balances with a breakdown of various investmen t accounts and the yield to maturity
from investments. This statement also includes an investment portfolio management
report which details the activities of investments. All investments have been made in
accordance with the City’s Investment Policy.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.3.a Treasurer's Report - April 2021
2. 3.3.b Investment Portfolio - April 2021
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BEGINNING CASH BALANCE $47,244,818.09
CASH RECEIVED
Cash Receipts 3,167,549.19
Total Cash Received $3,167,549.19
$50,412,367.28
EXPENDITURES
Cash Disbursements (995,352.80)
Bank Fees, Interest Income, Adjustments 63,546.34
Total Expenditures ($931,806.46)
CASH BALANCE AS OF: APRIL 30, 2021 $49,480,560.82
TOTAL CASH BREAKDOWN
Active Funds
General Account $3,214,372.02
Payroll Account $49,335.31
Change Fund - General Fund $2,000.00
Change Fund - Prop A Fund $300.00
Petty Cash Account $500.00
Parking Account Minimum $250.00
Cash With Fiscal Agent $0.78
Cash With OPEB Trust $490,481.56
Amount Unamortized on Investments $20,764.65
Total Active Funds $3,778,004.32
Investment Funds:
Local Agency Investment Fund $29,869,714.38
Long Term Investments $15,832,842.12
Total Investment Funds 45,702,556.50
CASH BALANCE AS OF: APRIL 30, 2021 $49,480,560.82
$0.00
Fiscal Year-To-Date Effective Rate of Return 1.16%
Fiscal Year-To-Date Interest Earnings $422,245.16
FY2020-21 Budgeted Annual Interest Earnings $514,800.00
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
CASH BALANCE AS OF APRIL 30, 2021
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Agenda #: 3.4
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND
ASSOCIATES, TO ADMINISTER THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM THROUGH
JUNE 30, 2026.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Consulting Services Agreement with
Diana Cho and Associates for CDBG Program administration services through June 30,
2026.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement is $150,000. Payments to the
Consultant are limited annually to no more than 20% of the annual Community
Development Block Grant (CDBG) budget, excluding the Home Improvement Program
(HIP), which is managed by a separate consultant. In practice, the Consultant has
seldom billed the City for more than 10% of non-HIP budget allocations.
It is estimated that annual payments to the Consultant will average $30,000 over the
term of the contract, but ultimately depends on the annual CDBG budget totals. For FY
2021/22, The CDBG budget allocation for non-HIP programs is $224,591, of which
approximately $22,500 will be spent on administrative costs. For subsequent years, the
annual amount will be based on future CDBG budget allocations.
BACKGROUND:
The City receives annual CDBG funds disbursed through the Los Angeles County
Development Authority (LACDA). The funds are used for a variety of capital and
service-based programs, such as park and sidewalk ADA imp rovements, senior
programs, and the Business Recovery Program. As a contract City, Diamond Bar has
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utilized professional consultants to provide labor and contract compliance services to
oversee use of CDBG funds and ensure compliance with federal and LACDA rules and
regulations.
On July 1, 2016, the City entered into a Consulting Services Diana Cho and Associates
to administer the FY 2016/17 CDBG program. The original Agreement included four
one-year extension options. The City has thus far exercised all of its options, and the
current option expires on June 30, 2021.
DISCUSSION:
On May 11, 2021, the City published a detailed Request for Proposals (RFP) through
PlanetBids, inviting qualified consulting firms to submit proposals to administer the
CDBG program. Three firms submitted proposals: Diana Cho and Associates, Avant-
Garde Corporation and Willdan Engineering.
After a thorough review of the proposals, staff recommends that the City enter into a
renewed Consulting Services Agreement with Diana Cho and Associates. The factors
on which this recommendation is based are summarized below.
Diana Cho has provided CDBG administration services, including contract, labor and
HUD Section 3 compliance monitoring, since 1993. Ms. Cho has consistently served
the City in a skillful, professional and cost-effective manner. Her expertise in the
complexities of CDBG administration has ensured that the City remains in good
standing with the LACDA.
Cho and Associates’ cost proposal came in significantly below those of the two
competing firms, which will continue to enable the City to direct a greater percentage of
its CDBG funds toward programs, and will never have to use General Fund monies to
pay consultant invoices. A direct cost comparison is provided below:
FIRM HOURLY RATES FY 2021/22 NOT TO
EXCEED AMOUNT PRINCIPAL ASSOCIATES
CHO and ASSOC $ 85 $ 75 $ 22,500
AVANT-GARDE $ 130 $ 75 to $110 $ 40,720
WILLDAN $ 212 $ 110 to $150 $ 49,777
LEGAL REVIEW:
The City Attorney has reviewed and approved t he attached Consulting Services
Agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.4.a Consulting Services Agreement with Diana Cho and Associates
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1
CONSULTING SERVICES AGREEMENT
CDBG Non-Design Professional
THIS AGREEMENT (the "Agreement") is made as of July __, 2021 by and between
the City of Diamond Bar, a municipal corporation ("City") and Diana Cho and Associates,
a sole proprietor. ("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 performance of CDBG program
administration services set forth in the attached Exhibit "A", which is incorporated herein
by this reference. As a material inducement to the City to ent er 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 Consulta nt 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 her eunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager.
2. Term of Agreement. This Agreement shall take effect July 1, 2021, and
shall continue until June 30, 2026 (“Term”) 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. The sum of payments to Consultant per fiscal year
shall not exceed twenty (20) percent of the adopted CDBG budget, excluding the Home
Improvement Program, for that same fiscal year withou t the prior written consent of the
City. Total payments to Consultant pursuant to this Agreement shall not exceed ONE
HUNDRED FIFTY THOUSAND Dollars ($150,000) 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.
4. Payment.
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.
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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.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Records and Audits. The Consultant shall maintain accounts and records,
including personnel, property and financial records, adequate to identify and account for
all costs pertaining to this Agreement and such other records as may be deemed
necessary by the City to assure proper accounting for all project funds, both federal and
non-federal shares. These records will be made available for audit purposes to the CITY
or any authorized representative, and will be retained five (5) years after the expiration of
this Agreement unless permission to destroy them is granted by the City. (24 CFR Part
84, Sec. 84.53)
6. 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/her 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.
7. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and the attached Exhibit “A”, the provisions of this
Agreement shall control.
8. 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 or the Public Employee Retirement System 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 , its
employees or subconsultants, 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.
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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.
D. Consultant shall, at Consultant’s sole cost and expense fully secure and
comply with all federal, state and local governmental permit or licensing requirements,
including but not limited to a City of Diamond Bar business license.
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 promptly 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.
9. 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.
10. 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.
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(3) The Consultant's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
11. Insurance.
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 $2,000,000.00
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) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $2,000,000.00; and
(3) 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
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be subject to the approval of the City. Consultant understands and agrees that
satisfaction of this requirement is an express condition precedent to the effectiveness of
this Agreement. Failure by Consultant as primary ins ured 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.
12. 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 specifical ly
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.
13. 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.
14. 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 recor ds, 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 Agreement. Consultant
shall maintain all such records for a period of at least five (5) years after termination or
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completion of this Agreement. Consultant agrees to make available all suc h 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.
15. 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.
16. 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 mailing 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.
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, 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: 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.
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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.
D. Executive Order 11246 requires that during the performance of this
Agreement, Consultant agrees not to discriminate against any employee or applicant for
employment because of race, religion, sex, color or national origin. Consultant will take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. Consultant agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
Consultant setting forth the provisions of this nondiscrimination clause.
E. Section 3 of the Housing and Community Development Act of 1968, as
amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible,
opportunities for training and employment be given to lower income residents of the
project area and contracts for work in connection with the project be awarded to business
concerns which are located in or owned in substantial part by persons residing in the area
of the project.
F. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the
ground of race, color or national origin, be excluded from participation in, be denied the
benefits of, or be subject to discrimination under any program or activity receiving federal
financial assistance.
G. Section 109, Title I of the Housing and Community Development Act of 1974
provides that no person shall, on the grounds of race, color, national origin, or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program of activity funded in whole or in part with funds made available under
this title.
H. Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handi capped
individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply.
18. Reserved.
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
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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
making by City of any payment to Consultant constitute or be construe d 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. Reserved.
26. Reserved.
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”
Diana Cho and Associates City of Diamond Bar
16716 Rocky Knoll Road 21810 Copley Drive
Hacienda Heights, CA 91745 Diamond Bar, CA 91765-4178
Attn.: Diana Cho Attn.: Greg Gubman
Phone: (626) 374-2184 Phone: (909) 839-7030
Email: dcho.consultants@gmail.com Email: 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.
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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. County Lobbying Certification.
The Consultant certifies that:
A. It is understood that each person/entity/firm who applies for a Los Angeles
County Development Authority (“LACDA”) contract, as part of that process, shall certify
that they are familiar with the requirements of the Los Angeles County Code Chapter
2.160, (Los Angeles County Ordinance 9.-0031) and;
B. That all persons/entity/firm who seek a contract with LACDA shall be
disqualified therefrom and denied that contract and, shall be liable in civil action, if any
lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of
the above-named firm fails to comply with the provisions of the County Code.
31. Consultant’s Warranty of Compliance with County’s Defaulted
Property Tax Reduction Program:
A. The Consultant acknowledges that the County has established a goal of
ensuring that all individuals and businesses that benefit financially from the County
through contract are current in paying their personal and real property tax obligations
(secured and unsecured roll) in order to mitigate the economic burden otherwise imposed
upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or
exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now
in compliance, and during the term of this Agreement will maintain compliance, with the
County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026
and codified at Los Angeles County Code, Chapter 2.206.
B. Failure of the Consultant to maintain compliance with the requirements set
forth in the “County’s Defaulted Property Tax Reduction Program " shall constitute default
under this Agreement. Without limiting the rights and remedies available to the City under
any other provision of this Agreement, failure of the Consultant to cure such default within
10 days of notice shall be grounds upon which the City may suspend or terminate this
Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at
Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code,
Chapter 2.206.
32. Lobbying Certification.
The Consultant certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Consultant, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, and officer or employee of Congress,
or an employee of any Member of Congress in connection with the awarding of any
Federal contract, the making of any cooperative agreement, and the extension,
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*NOTE: If Consultant is a corporation, the City requires the following signature(s):
o 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
o 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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Section 5. Schedule of Fees
Cho and Associates will provide services in an amount not to exceed $22,500.
The fees for consulting services are inclusive of all normal business overhead and will
be as follows:
Principal - $ 85.00 per hour
Associates - $ 75.00 per hour
Diana Cho will serve as the lead consultant for providing CDBG Project Administrative
and Technical Assistance Services. The consultant will work at least one day per week
at City Hall offices. Approximately four to eight hours of consultant services will be
provided each week.
Additional hours can be provided if requested by the City, and upon availability of other
funds in the budget.
Consultants will provide any other technical assistance when required by City staff in
the areas of project management and administrative assistance.
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Agenda #: 3.5
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH RAYCOM DATA TECHNOLOGIES, INC. FOR
DOCUMENT IMAGING SERVICES THROUGH JUNE 30, 2022.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Second Amendment to the Consultant
Services Agreement with Raycom Data Technologies, Inc. for document imaging
services.
FINANCIAL IMPACT:
The amended total not-to-exceed amount of the multi-year Agreement would be
increased by $60,000 to $130,000. Sufficient funds are included in the Fiscal Year
2021-22 City Manager’s Office – Professional Services budget to cover the cost of such
services.
BACKGROUND/ANALYSIS:
On April 26, 2019, the City entered into a multi-year Consultant Services Agreement
with Raycom Data Technologies, Inc. for document imaging services with a not -to-
exceed amount of $40,000. The contract was amended on August 4, 2020 to increase
the not-to-exceed amount to $70,000. Over the course of the 2019-20 and 2020-21
fiscal year, the City prepared a significant number of permanent records for document
imaging and expended the $70,000 budgeted. The records imaged include but are not
limited to: LA County TransAmerica files, Planning/Building & Safety records, as well as
Public Works land management files.
On June 1, 2021, the City Council adopted the Fiscal Year 2021 -22 Operating Budget
allocating $60,000 for document imaging services. An a mendment to the existing
agreement’s not-to-exceed amount will allow Raycom to continue performing document
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imaging services on behalf of the City.
The services provided by Raycom Data Technologies, Inc. have been instrumental in
supporting the City Council’s goal of fostering an Open, Engaged and Responsive
Government. Raycom has proven to provide professional, high -quality work with a quick
turnaround and at competitive rates. There is a need to continue this partnership, as the
City works towards its goal of imaging all permanent historical records within 10 years.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.5.a 2nd Amendment - Raycom Data Technologies, Inc.
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SECOND AMENDMENT
CONSULTANT SERVIC AGREEM
This Amendment to Consultant Services Agreement ("Second Amendment")
is made and into as of July 6, 2021, by and between the City of Diamond Bar, a
municipal corporation ("City"), Raycom Technologies, Inc., a California
corporation (herein to as the "Consultant") with reference the following:
A. City and the Consultant entered into that certain Consultant Services
Agreement as of April 19, which is incorporated herein by reference (the
"Original Agreement"); and
The City the Consultant entered into that certain Amendment dated
as of August 4, 2020, which is incorporated herein by reference (" Amendment"),
First Amendment and Original collectively are referred herein, as
"Ag reement");
The City the desire amend the reement as provided
herein.
NOW, THEREFORE, parties agree as follows:
1. Defined Terms. as otherwise defined all capitalized terms
used shall have forth for such In Original Agreement.
2. The of the Original Agreement as forth in 2 therein is
from April 26, 2019 to April 26, . This Second Amendment shall extend the Term up to
and including June 30, 2022.
4 Compensation. The total not-to-exceed compensation forth in 3
of the Original Agreement, was sum of forty thousand dollars ($40,000). rst
Amendment amended Section 3 of the Original Agreement to provide for a total not-to
eX(~eE~a compensation in the sum of seventy thousand ($70,000). total
exceed compensation of the Agreement is amended to provide for an incr~ase of
sixty thousand dollars ($60,000) so that the total not-to-exceed compensation, as amended
by this Amendment shall not exceed one hundred thirty thousand dollars
($130,000) without the prior authorization City.
Integration. Second Amendment and all attachments hereto (if any)
integrate all of the and conditions mentioned herein, all prior
negotiations between parties with respect hereto. This Second Amendment amends,
as set forth herein, the Agreement and except as specifically amended hereby, the
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Agreement shall remain in full force and effect. To the extent that there is any conflict or
inconsistency between the terms and provisions of this Second Amendment and the terms
and provisions of the Agreement, the terms and provisions of this Second Amendment shall
control.
IN WITNESS hereof, the parties enter into this Second Amendment on the year and
day first above written.
"CONSUL TANT" "CITY"
CITY OF DIAMOND BAR
By: __________________________
Nancy A. Lyons, Mayor
*By : ____________________________ _ ATTEST:
Printed Name :
Title: _____________
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David DeBerry, City Attorney
*NOTE: If Consultant is a corporation, the City requires the fol/owing 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.
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CONSULTANT SERVICES AGREEMENT
Mon -Design Professionals]
THIS AGREEMENT (the "Agreement") is made as of April 26, 2019 by and
between the City of Diamond Bar, a municipal corporation ("City") and Raycom Data
Technologies, Inc., a California 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 document imaging and quality
control 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.
Ryan McLean, Assistant City Manager (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 be
performed to the satisfaction of the City's Project Manager and the City Manager
2. Term of Agreement.
This Agreement shall take effect April 26, 2019, and shall continue until April 26,
2022 ("Term"), unless earlier terminated pursuant to the provisions herein.
The City shall have the option to extend this Agreement for two (2) additional one
1) year terms, subject to the same terms and conditions contained herein, by giving
Consultant written notice of the exercise of this option at least thirty (30) days prior to
the expiration of the initial Term. In the event the City exercises its option to extend the
Term, Consultant's compensation shall be subject to an adjustment upon the effective
date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
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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 forty thousand dollars ($40,000) 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.
4. Payment.
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 invoiced the City will pay Consultant
the amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized 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 the
provisions of this Agreement and any 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,
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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.
D. Consultant shall, at Consultant's sole cost and expense fully secure and
comply with all federal, state and local governmental permit or licensing requirements,
including but not limited to the City of Diamond Bar, South Coast Air Quality
Management District, and California Air Resources Board.
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 promptly 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
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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.
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
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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 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
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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 Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
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
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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 it supervision, and all personnel engaged in the work shall be
qualified to perform such services. 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, 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: 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. Reserved.
19. Reserved.
20. Reserved.
21. Reserved.
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.
7 Professional Services - Non Design
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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 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. Reserved.
26. Reserved.
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"
Raycom Data Technologies, Inc.
1320 E. Imperial Avenue
EI Segundo, CA 90245
Attn.: Ayaz Pandhiani
Phone: 310-322-5113
E -Mail: ayaz@raycomdtech.com
CITY"
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Ryan McLean
Phone: 909-839-7016
E-mail: rmclean@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 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
8 Professional Services - Non Design
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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"
Data Techgologies, Inc.
2 0.k,
e: AYEV Pandhianl
Title:
By:
Printed Name:
Title:
City°
CITY OF DIAMOND BAR
By:- (a
Daniel Fox, City onager
ATfE T: f
Tommye C bbins,'Gity Clerk
i
NOTE:If Consultant is a corporation, the City requires the following signature(s):
1) the Chairman of the Boant, 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, certfed by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
9 Professional Services - Non Design
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EXHIBIT "A"
3.5.a
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SCOPE OF WORK
Quantities
The need for services will vary throughout the course offhe agreement depending upon
volume. The immediate need is for approximately 100 banker's boxes worth of
documents and 300 commercial plans to be scanned and returned to the City by June
30th.
Preparation Requirements
Raycom Data Technologies, Inc. shall perform document preparation as necessary to
scan all files. This includes removing all staples, paperclips and other fasteners, repair all
torn documents with non -reflective tape, straighten all folded plans and mount any
irregular size document on standard 8 '/2" x 11" paper and otherwise make the
documents ready for processing.
Quality, Production and Pricing Requirements
a. All data must be preserved in a form identical to, or functionally equal to, the
original record.
b. Documents contain a mix of single -sided and double -sided pages.
c. Documents contain a mix of black & white and colored pages.
d. A document may consist of one or many pages. If the document has more
than one page this document must be scanned as a single file multi -page
document.
e. Document preparation to include separation of documents from their bindings
prior to scanning. The records need to be rebound in their correct order prior
to returning them to the City.
f. Each scanned image shall have a unique file name specified by the City.
g. Documents shall rotate to provide maximum readability (e.g. letters shall be in
proper orientation when document is displayed without rotation.)
h. Raycom Data Technologies, Inc. shall use 300 dpi or higher for those
documents where it is required to meet the quality requirements.
i. The Raycom Data Technologies, Inc. shall not scan blank documents.
j. Raycom Data Technologies, Inc, shall perform a consistency check on 20% of
the images. This shall include image clarity, orientation, and accuracy.
k. Raycom Data Technologies, Inc. shall calibrate and maintain systems
maintain consistency of output as described in ANSI/AIIM MS44-1988 (R 1993)
Recommended Practice for Quality Control Image Scanners; ensure that
scanning system is free from dust and other particles; maintain calibration
through each shift; use appropriate technical targets ad procedures as
defined by manufacturer).
I. Report and discuss any problem images that cannot be captured to meet
benchmark specifications.
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SCOPE OF WORK
m. Raycom Data Technologies, Inc. invoices shall denote the number of scanned
pages being billed for the current invoice as well as the total number of pages
billed to date.
n. The City desires the option to destroy some or all original records scanned. In
order to do so, the quality of scanned documents and the diligence of quality
control must be superior.
Prior to releasing a box/roll of documents for scanning, the City will prepare each file by
removing duplicates and non -records, organizing the documents in the desired scanning
order, providing indexing, metadata and Optical Character Recognition (OCR)
instructions.
Any and all City documents in the possession of Raycom Data Technologies, Inc. must
be stored in a climate controlled safe and secure location. The City must have access to
all City documents in Raycom Data Technologies, Inc.'s possession upon request, with a
hard copy or electronic file provided within 24 hours.
Raycom Data Technologies, Inc. shall deliver the scanned documents to the City via a
secure file transfer. The delivered documents will be in a format that can be imported
directly into the City's Laserfiche system, including any indexing, metadata, and OCR
text. The documents should require no post processing by the City other than the
importing of data.
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Appendix A
PlanetBids Line Items
Services Price per Image
Pick -u charge 35.00
Delivery charge 35.00
Project sef-up charge No Charge
Pre -scanning document preparation 0.028
Black & White 8.5 x 11 0.02
Black & White 8.5 x 14 0.02
Black & White 11 x 17 0.03
Black & White Oversized Architectural 0.52
Gre scale 8.5 x 1 1 0.02
Gre scale 8.5 x 14 0.02
Gre scale 11 x 17 0.03
Full Color 8.5 x 11 0.06
Full Color 8.5 x 14 0.06
Full Color 1 1 x 17 0.08
Full Color Oversized Architectural 0.95
Page Rotation No Charge
File re -assembly 0.028
Metadata Entry 0.005 Per Character
OCR Conversion No Charge
Data Transfer Laserfiche Briefcase No Charge
Quality control check No Charge
Other charges/fees None
61 Page
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Agenda #: 3.6
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19).
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Adopt Resolution No. 2021-32 extending the Declared Local Emergency regarding
Novel Coronavirus (COVID-19).
FINANCIAL IMPACT:
The continuation of the declared local emergency is necessary to ensure access to
reimbursement for related costs in response to COVID-19. The City has submitted a
Request for Public Assistance with California Office of Emergency Services (CalOES) to
seek reimbursement for all eligible COVID-19 related expenses.
BACKGROUND:
The rapid global spread of Novel Coronavirus (COVID-19) has resulted in
unprecedented actions by Federal, State, County and local agencies, as well as private
individuals and businesses, to help combat the community spread of the virus. On
March 4, 2020, the Los Angeles County Board of Supervisors declared a State of
Emergency and the Los Angeles County Public Health Officials declared a Local Health
Emergency. Since that time, numerous actions have been, and continue to be taken, at
the Federal, State and County levels to implement far reaching measures that include
Stay at Home Orders, prohibit gatherings of any size, require closure of a wide range of
businesses, schools, colleges, public facilities, cancellation of large community and
sporting events, and other limitations all aimed at slowing the community spread of the
virus.
At the time the City Council declared a local emergency on March 19, 2020, LA County
Public Health Officials reported (as of March 18, 2020) 190 confirmed cases (including 2
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in Diamond Bar), with one death in the County. As of June 29, 2021, there were
1,249,835 confirmed cases and 24,482 deaths in Los Angeles County (including 3,285
cases and 85 deaths in Diamond Bar). Updated numbers will be provided for the
Resolution at the meeting.
Conditions have continually improved following the significant surge in cases,
hospitalizations and deaths that were tragically experienced between November 2020
and January 2021. While not totally eradicated, there is optimism that as more persons
are vaccinated, new cases, hospitalizations and related deaths will remain low and
community spread will be held in check to allow for a more robust recovery as the State,
County and City continue the reopening journey. On January 25, 2021, Governor
Newsom canceled the Regional Stay Home Order that tied restrictions to available ICU
capacity state-wide. On June 15, 2021, Governor Newsom retired the Blueprint for a
Safer Economy Program and eliminated the need for social distancing or capacity limits
on businesses and other activities, with a few exceptions.
The Council is being asked to continue the Local State of Emergency (Attachment 1)
regarding the COVID-19 pandemic, which was last adopted by Council on May 4, 2021,
as is required every 60 days during the existence of the local emergency. The City
Manager, as the Emergency Services Director for the City, also intends to continue
the activation of the Emergency Operations Center at the lowest level (Level 3) to be
able to provide enhanced communications with LA County Emergency Operations
Center (already activated), and with LA County Sheriff and Fire personnel to monitor
and respond to essential service requests that may be needed throughout the City.
ANALYSIS:
The City has taken extraordinary actions and precautions to help protect residents,
businesses and our workforce from community spread of COVID -19. The City
transitioned to online service delivery and recreation programming to better serve the
public, and as of June 14, 2021 has expanded service delivery options to include
telephone, video, and in-person appointments.
City Operations:
• City facilities have welcomed back the public for in-person services as of June
14, 2021, Monday through Friday during regular operating hours. This is in
addition to the continued availability of telephone, video calls and on-line
appointment-based services offered at City Hall such as building, planning, public
works/engineering, as well as transit passes, Diamond Ride identifications, and
environmental services.
• City playgrounds, skate park, ball fields, tennis/pickleball courts,
Basketball/volleyball courts, picnic shelters, trails, and dog park are open.
• City Staff continue to work both in-person and remotely in order to better serve
the public through the variety of in-person, telephone, and video appointment
options.
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• Hybrid in-person and virtual Council/Commission meetings are being held in the
Windmill Community Room at City Hall.
• Street sweeping parking enforcement resumed in January 2021.
Recreation & Special Events Update:
• Recreation programs are being expanded, with in-person and virtual recreation
programming available for residents – with information on the City website.
• Community in-person special events are returning with Concerts in the Park
scheduled to start on Wednesday July 7, 2021, with plans underway for
additional fall and winter events.
• Field allocations for youth sports organizations are following City policies and in
accordance with LA County Public Health.
The City continues to encourage all residents to get vaccinated to help keep the
community spread of COVID-19 in check, and to help protect those that are not able to
be vaccinated, particularly those under the age of 12.
LEGAL REVIEW:
City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.6.a Resolution No. 2021-32, Declaration of Emergency Extension
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RESOLUTION NO. 2021-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
WHEREAS, the Emergency Services Act (Government Code sections 8550 et
seq.), and in particular California Government Code sections 8630, et seq. thereof, and
Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, provide that the City Council
may proclaim the existence of a local emergency when the City of Diamond Bar is affected
or likely to be affected by public calamity; and
WHEREAS, the City Council has been requested by the City Manager as the
Director of Emergency Services to proclaim the existence of a local emergency in the City
of Diamond Bar; and
WHEREAS, COVID-19 has spread globally to over 192 countries, infecting more
than ___________ persons and killing nearly _________ individuals worldwide. As of
______, 2021 there were nearly ____________ cases in the United States with more
than __________ deaths, including _________ cases and _______ deaths in Los
Angeles County (________ cases and ____deaths in Diamond Bar) related to COVID-
19. Due to the expanding list of countries with widespread transmission of COVID-19,
increasing travel alerts and warnings for countries experiencing sustained or uncontrolled
community transmission issued by the Centers for Disease Control and Prevention
(“CDC”), the escalation of United States domestic cases of and deaths from COVID-19,
and the identification of COVID-19 cases in California, including Los Angeles County,
COVID-19 has created conditions that are likely to be beyond the control of local
resources and require the combined forces of other political subdivisions to combat; and
WHEREAS, on February 26, 2020, the CDC confirmed the first possible case of
community transmission of COVID-19 in the United States. On March 4, 2020, the Health
Officer of Los Angeles County determined that there is an imminent and proximate threat
to the public health from the introduction of COVID-19 in Los Angeles County and
declared a Local Health Emergency and the Los Angeles County Board of Supervisors
concurrently proclaimed the existence of a local emergency for the County of Los
Angeles; and
WHEREAS, on March 4, 2020, Governor Newsom of the State of California
declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19);
and
WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly
characterized COVID-19 as a global pandemic; and
WHEREAS, on March 12, 2020 Governor Newsom of the State of California issued
Executive Order N-25-20 in a further effort to confront and contain COVID-19 that among
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Resolution No. 2021-32
2
other things, required residents of California to follow orders and guidance of local public
health officials, including following social distancing requirements and suspended certain
provision of the Ralph M. Brown Act providing local agencies with greater flexibility to hold
meetings via teleconferencing; and
WHEREAS, on March 13, 2020, the President of the United States declared a
National Emergency due to the continue spread and the effects of COVID -19; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-
20 mandating that residents stay at home while carving out exceptions for workers in
specified federal critical infrastructure sectors; and
WHEREAS, the State of California and numerous other public and private
organizations have announced the cancellation or postponement of all events where
social distancing cannot be reasonably achieved; and
WHEREAS, the City's ability to mobilize local resources, coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and seek future
reimbursement by the State and Federal governments will be critical to successfully
responding to COVID-19; and
WHEREAS, the Diamond Bar City Council adopted Resolution 2020-04 on March
19, 2020, proclaiming the existence of a local emergency in response to the COVID-19
public health emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2020-12 on
May 5, 2020, extending the local emergency due to the continued existence of a local
emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2020-22 on
July 7, 2020, extending the local emergency due to the continued existence of a local
emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2020-38 on
September 1, 2020, extending the local emergency due to the continued existence of a
local emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2020-41 on
November 3, 2020, extending the local emergency due to the continued existence of a
local emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2021-01 on
January 5, 2021, extending the local emergency due to the continued existence of a local
emergency; and
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Resolution No. 2021-32
3
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2021-06 on
March 2, 2021, extending the local emergency due to the continued existence of a local
emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2021-14 on
May 4, 2021, extending the local emergency due to the continued existence of a local
emergency; and
WHEREAS, on June 15, 2021, the Governor retired the Blueprint for a Safer
Economy, phasing out the majority of executive actions put in place since March 2020,
including elimination of social distancing requirements and occupancy limitation, with a
few exceptions, but leaving in place many other executive orders and declaration of
emergency; and
WHEREAS, the Diamond Bar City Council must review the local emergency at
least once every 60 days to determine the need for continuing the local emergency until
its termination by the Diamond Bar City Council.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by
Government Code section 8630 and Diamond Bar Municipal Code section 8.00.050, the
City Council proclaims that as defined in Government Code section 8558 and Section
8.00.020 of the Diamond Bar Municipal Code, a “local emergency” continues to exist
throughout the City of Diamond Bar, which proclamation is based on the following findings
by the City Council:
1. That the above recitals are true and correct and based thereon, hereby finds
that the spread and potential further spread of COVID-19 constitutes a
situation that severely impairs the public health and safety, and constitutes
conditions of extreme peril to the safety of persons and property within the
City of Diamond Bar;
2. That these conditions are likely to be beyond the control of the services,
personnel, equipment, and facilities of the City of Diamond Bar; and
3. That the conditions of extreme peril warrant and necessitate the extension of
the proclamation of the existence of a local emergency.
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the
threatened existence and actual existence of the local emergency, the powers, functions
and duties of the Director of Emergency Services and the emergency organization of the
City shall be those prescribed by state law, by ordinances and resolutions of the City and
approved by the City Council.
IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are
paid in a timely manner, the City Manager and the Cit y Treasurer or their designees are
authorized and directed to approve the claims and demands, make payments thereon,
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Resolution No. 2021-32
4
and finally to bring those claims and demands to the City Council at future meetings for
ratification of the payments made.
IT IS FURTHER PROCLAIMED AND ORDERED that the City Council will utilize,
to the extent reasonably feasible and appropriate, the ability to conduct its council
meetings via teleconferencing and other electronic means to permit council members and
members of the public to implement recommended social distancing while still proceeding
with the efficient handling of the City’s business, in compliance with California Executive
Orders N-25-20 and N-33-20, and such other orders issued by the Governor of the State
of California and President of the United States.
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation
be forwarded to the Director of California Governor’s Office of Emergency Services
requesting that the Director find it acceptable in accordance with State law that the
Governor of California, pursuant to the Emergency Services Act, issue a proclamation
declaring an emergency in the City of Diamond Bar; that the Governor waive regulations
that may hinder response and recovery efforts; that response and recovery assistance be
made available under the California Disaster Assistance Act and the Stafford Act; and
that the State expedite access to State and Federal resources and any other appropriate
federal disaster relief programs.
IT IS FURTHER PROCLAIMED AND ORDERED that the proclamation of a local
emergency shall be reviewed at least once every 60 days until its termination is
proclaimed by the City Council of the City of Diamond Bar, State of California.
PASSED, APPROVED AND ADOPTED this 6th day of July, 2021.
___________________________
Nancy Lyons, 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 6th day of July, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Kristina Santana, City Clerk
3.6.a
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Agenda #: 3.7
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: THIRD AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR SPECIALTY
GRAPHIC DESIGN SERVICES THROUGH JUNE 30, 2022.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize Mayor to sign, the Third Amendment to Consultant Services
Agreement with Simpson Advertising through June 30, 2022.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement for Fiscal Year 2021-22 would be
$63,110. Sufficient funds are included in the FY 2021 -22 Public Information Division
and Parks and Recreation Department (Diamond Bar Center) budgets to cover the cost
of these services.
BACKGROUND:
In July 2019 the City entered into an agreement with Simpson Advertising, Inc. for the
provision of specialty design services for a not to exceed amount of $44,850 annually
and as a result of a few additional projects, including COVID -19 related marketing
pieces, a first amendment in the amount of $8,000 was approved on May 19, 2020 for a
total not to exceed amount of $52,850 for the 2019-20 fiscal year. A second amendment
in the amount of $61,050 was approved on July 1, 2020 extending the contract term to
June 30, 2021.
The services for this fiscal year include the production of the City’s monthly newsletter in
a 4-page format issued five times per year, a 6-page format issue four times per year,
which is one more than last year, and the 32-page format that includes the Recreation
brochure produced three times per year for a total of $31,750 and includes a
miscellaneous project amount of $31,360 for a total not to exceed amount of $63,110
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for the 2021-22 fiscal year.
In addition to the City newsletter (Diamond Bar Connection) and Recreation Activities
Guide, examples of projects Simpson will continue to provide assistance with includes
the design of the annual calendar and services guide, Diamond Bar Center online and
print marketing materials, Through My Lens photo contest gallery artwork, and
miscellaneous outreach projects.
ANALYSIS:
Since 2004 the City has utilized Simpson to assist with the production of various
communication and marketing projects that supports the Council’s strategic goal of an
Open, Engaged & Responsive Government. During these past sixteen years, Simpson
has consistently produced professional, high-quality work with a quick turnaround and at
competitive rates that have remained the same over the past several years.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.7.a Simpson Advertising 3rd Amendment
3.7
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3.7.a
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REQUEST FOR PROPOSAL - GRAPHIC DESIGN SERVICES
THE CITY OF DIAMOND BAR
March 11, 2021
Marsha Roa
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Dear Ms. Marsha Roa,
We appreciate the opportunity to submit a graphic design services proposal for Diamond Bar‘s DB Connection
publications and miscellaneous projects. Our creative talents and dependable service, coupled with over 40
years of experience in working with municipalities (17 years with the City Diamond Bar), make us a perfect fit for
Diamond Bar’s graphic design services needs.
We are very pleased to submit our proposal that include same rates as last year and look forward to working
with the City of Diamond Bar.
SCOPE OF SERVICES
Project Description
1.One Calendar and Services Guide
2.Three DB Connection Recreation Guide/Newsletter Combination (32-page) publications
3.Five DB Connection Newsletter (4-page) publications
4.Four DB Connection Newsletter (6-page) publications
5.Three Service Postcards (6” x 9”)
City staff to provide content, photos and/or graphic files.
Simpson Advertising shall perform graphic design and layout services. Proofs will be submitted as PDFs for client
review, proofing and final approval.
Exhibit A - Third Amendment for Fiscal Year 2021-2022
3.7.a
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GRAPHIC DESIGN SPECIFICATIONS AND COSTS
DB Calendar and Services Guide
Calendar ONLY (Same as 2021) - 28-Page, finished size of 10.875” x 5.5”, 4/4 process with bleeds.
Per Calendar $ 2,400.00*
Calendar and Services Guide (Same as 2020) - 52-Page, finished size of 8.5” x 7.125”, 4/4 process with bleeds.
Per Calendar $ 6,875.00*
DB Recreation Guide/Newsletter Combination Publication - 32-Page
32-Page self-cover Recreation Guide finished size of 8.375” x 10.875”, 4/4 process with bleeds.
Per Issue Total (3 Issues)
$ 4,925.00 $ 14,775.00*
DB Connection Newsletter - 4-Page
4-Page newsletter finished size of 8.375” x 10.875”, 4/4 process with bleeds.
Per Issue Total (5 Issues)
$ 1,575.00 $ 7,875.00*
DB Connection Newsletter - 6-Page
6-Page newsletter finished size of 8.375” x 10.875”, 4/4 process with bleeds.
Per Issue Total (4 Issues)
$ 2,275.00 $ 9,100.00*
DB Services Postcard
Postcard finished size of 9” x 6”, 4/4 process with bleeds.
Per Postcard Total (3 Postcards)
$ 695.00 $ 2,085.00*
*Graphic files are not subject to State sales tax when transmitted electronically.
ADDITIONAL GRAPHIC DESIGN FEES
Client edits beyond three rounds:
Cost per Issue per hour $ 75.00
Hourly rates for miscellaneous graphic design projects:
Design per hour $ 120.00
Production per hour $ 100.00
Thanks again for the opportunity to submit a graphic design services proposal for DB Connection publications
and fees for other general marketing projects. We look forward to working with you.
Best regards,
Jeff Simpson, President
(562) 949-9780 • Jeff@Simpsonadvertisinginc.com
Debbie Baker, Corporate Secretary
(562) 949-9780 • Cell (562) 400-4635 • Debbie@Simpsonadvertisinginc.com
3.7.a
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Agenda #: 3.8
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BEST LIGHTING PRODUCTS, INC. FOR
LIGHTING INSPECTIONS AND MAINTENANCE THOUGH JUNE 30,
2022.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Second Amendment to the Maintenance
Services Agreement with Best Lighting Products, Inc.
FINANCIAL IMPACT:
Sufficient funds are included in the Fiscal Year 2021/22 Public Works Operating Budget
to cover the cost of such services. The total annual not-to-exceed cost is $41,000
including CPI of 2.5%.
BACKGROUND/DISCUSSION:
Best Lighting Products, Inc. has been providing lighting maintenance services to the
City for over 15 years. On August 1, 2017, the City Council awarded a contract to Best
Lighting for the preventative and as-needed lighting maintenance for the City’s outdoor
facilities. The original agreement was for a term of three ye ars with options for three
one-year extensions. The First Amendment extended the contract term through June
30, 2021. This Second Amendment to the maintenance services agreement will extend
the contract term through June 30, 2022 , which includes a CPI increase of 2.5%.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.8.a Best Lighting - Second Amendment
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1293503.1
SECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Second Amendment to Maintenance Services Agreement (“Second
Amendment”) is made and entered into as of July 6, 2021, by and between the City of
Diamond Bar, a municipal corporation (“City”), and Best Lighting Products Inc. (herein
referred to as the “Contractor”) with reference to the following:
A. The City and the Contractor entered into that certain Maintenance Services
Agreement dated as of August 1, 2017, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Contractor entered into that certain First Amendment dated
as of June 16, 2020, which is incorporated herein by this reference (“First Amendment”),
which First Amendment and Original Agreement collectively are referred to herein as the
"Agreement");
C. The City and the Contractor desire to amend the Agreement as provided
herein.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from August 1, 2017 to June 30, 2020. The Term of the First Amendment as set forth in
Section 3 therein is from July 1, 2020 to June 30, 2021. This Second Amendment extends
the Term up to and including June 30, 2022.
3. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of forty thousand dollars ($40,000) annually.
Section 3 of the Original Agreement is hereby amended to provide for an increase of one
thousand dollars ($1,000) so that the total not-to-exceed compensation, as amended by
this Second Amendment shall not exceed forty-one thousand dollars ($41,000) annually
without the prior authorization of the City.
4. Integration. This Second Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all prior
negotiations between the parties with respect hereto. This Second Amendment amends,
as set forth herein, the Agreement and except as specifically amended hereby, the
Agreement shall remain in full force and effect. To the extent that there is any conflict or
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Updated Fee Schedule for Fiscal Year 21/22
Monthly Cost will increase by a CPI of 2.5% for FY21/22
Park / Facility FY20/21 FY21/22 (+2.5% CPI)
Diamond Canyon Park $50 $51.25
Paul C. Grow Park $50 $51.25
Heritage Park $100 $102.50
Maple Hill Park $100 $102.50
Pantera Park $100 $102.50
Peterson Park $100 $102.50
Ronald Reagan Park $100 $102.50
Starshine Park $50 $51.25
Larkstone Park $50 $51.25
Sycamore Canyon Park $100 $102.50
Sycamore Canyon Trail Head $100 $102.50
Washington Park $50 $51.25
City Hall $100 $102.50
Diamond Bar Center $150 $153.75
Trail lights on Brea Canyon Rd $50 $51.25
Intersection of Grand Ave. and Diamond Bar Blvd. $50 $51.25
Intersection of Grand Ave. and Longview Dr. $50 $51.25
Monthly Cost $1,350 $1,383.75
Additional Service Hourly Rate $85 $87
Emergency (outside of normal hours) Hourly Rate $150 $153.75
Cost breakdown for Fiscal Year 21/22
Monthly Service Cost ($1383.75 X 12) Per Year $16,605
Parts and As-needed Services $24,395
Total not-to-exceed for Fiscal Year 21/22 $41,000
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Agenda #: 4.1
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO.
41-2021.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Receive presentation, open the Public Hearing to receive testimony, Close the Public
Hearing, tabulate all valid ballots received, and take the following actions:
A. If a majority protest does not exist (i.e., a weighted majority of ballots cast are in
favor of the measure);
1. Adopt Resolution 2021-33 (FORMATION) approving the Engineer’s Report,
confirming Diagram and Assessment, and Ordering Levy of the Landscape
Assessment District No. 41-2021 Assessment for Fiscal Year 2021-22; and
2. Adopt Resolution No. 2021-34 amending Fiscal Year 2021/22 Operating Budget
to include the Landscape Assessment District No. 41 -2021 Budget (Fund 641) for
Fiscal Year 2021/22 as provided in the Engineer’s Report.
Or
B. If a majority protest does exist (i.e., a weighted majority of ballots cast are opposed
to the measure), adopt Resolution No. 2021-33 (NO-FORMATION) Certifying the
Results of the Ballot Proceeding for Landscape Assessment District No. 41 -2021.
FINANCIAL SUMMARY:
As shown in the attached Engineer’s Report, costs are annual ized at $295,273 for
Fiscal Year 2021/22. If approved, the new assessments ranging from $483.21 to
$525.22 per parcel would generate revenues of $284,462, which would be
supplemented by $10,811 of General Fund for the requisite general benefit portion of
the new Assessment District. The Fiscal Year 2021/22 Operating Budget would be
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amended accordingly to include the proposed revenue and expenditure budgets for
Fund 641 as noted in the Exhibit to the Formation Budget Resolution.
Of the total expenditure budget, $24,122 is for personnel services currently budgeted in
General Fund. If approved, this amount will be included in the Fund 641 operating
budget and a corresponding reduction to the General Fund budget will occur saving the
General Fund that same amount in relation to the originally adopted Operating Budget
for FY 2021/22.
Considering the requisite general benefit amount of $10,811 that will need to be
transferred out from General Fund, and the General Fund saving of $24,122 in
personnel services expenditure as explained above, the Fiscal Year 2021/22 Operating
Budget will have a net reduction of $13,311 in General Fund if the proposed
assessment district is approved.
BACKGROUND:
Landscape Assessment District No. 41 (District) was created in 1985 by the original
developer and the County of Los Angeles pursuant to Part 2 of Division 15 of the
California Streets and Highways Code (§ 22500, et seq.). Upon incorporation in 1989,
the City of Diamond Bar assumed jurisdiction over the District. The District was
structured to be self-supporting with the ability of the County -and, subsequently the
City- to set assessment levels sufficient to raise the required revenues.
In 1996 California voters approved Proposition 218, which changed the legal
requirements of increasing assessments such as these. From that year forward any
increase in assessments would need to be approved by a vote of the property owners
within the District by a simple majority (50% + 1) of returned ballots. This new
requirement effectively froze assessment levels for most assessments across the State,
including District 41. For a few years, cost increases were modest and fiscal reserves
were sufficient to fund maintenance activities. Once the reserves were depleted, the
City’s General Fund was utilized to cover the shortfalls in the District.
Because the District was originally structured to be self-supporting, this burden on the
General Fund was unintended and is unsustainable. The simplest remedy in these
kinds of cases is to increase assessments for the District to cover costs. Other options
include scaling back landscape services to fit within available revenues or dissolving the
District and ceasing all services. The City exhausted both of these options as follows:
After years of study and discussion, the City Council initiated a new assessment district
formation in 2019 pursuant to Proposition 218 procedures to put increased
assessments in place. The result of that ballot process was an overwhelming rejection
of the City’s proposed assessments (with only 25.3% support). The City proceeded to
continue with the same assessment levels for the two following years, FY 2019 /20 and
FY 2020/21, with a reduced service level.
Due to the increase in the cost of maintenance services over the years, inability to go
lower in the service level due to the Municipal Codes requirements, and the inability to
increase assessments to cover those costs as explained above, the City Council at its
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February 16, 2021 meeting directed staff to take the necessary steps to dissolve the
District. On March 16, 2021, the City Council adopted Resolution No. 2021 -09 declaring
the City’s intention to dissolve the District and scheduling a public hearing for the May 4,
2021, City Council meeting. Public hearing letters/notices were mailed to the property
owners and the public hearing notices were published accordingly.
In response to the District dissolution action initiated by the City Council, substantial
comments were received from the residents and representatives of the homeowner’s
associations in the District indicating that another Proposition 218 ballot proceeding
might be received more favorably than in 2019. Based on that input along with
assurances from the homeowners’ associations that they would spearhead all
community engagement, the City Council on April 6, 2021, approved Resolution 2021-
12 initiating proceedings for the formation of a new landscape assessment district (No.
41-2021) and authorizing the preparation of an Engineer’s Report.
In the meantime, the process of dissolving the existing District No. 41 continued with a
public hearing held as scheduled on May 4, 2021. At that meeting, the City Council
dissolved the District by adopting Resolution No. 2021-16, effective July 1, 2021.
Finally, on May 18, 2021, the City Council adopted Resolution No. 2021 -21 declaring
the intention to form a new Landscape Assessment District No. 41 -2021, approving the
Engineer’s Report, providing notice of a public hearing, and authorizing the mailing of
the assessment ballots. The ballots, along with a formal notice, w ere mailed to each
property owner on May 20, 2021 – more than 45 days prior to the public hearing
pursuant to law.
ENGINEER’S REPORT AND ASSESSMENT RATES:
The Engineer’s Report has estimated the annualized cost to perform the required
services to be $295,273 in FY 2021/22 dollars. The proposed District No. 41-2021 is
essentially the same as the prior District No. 41 (same boundaries and services), but
the methodology for determining the assessment rates is identical to that included in the
2019 Engineer’s Report supporting the rate increase balloting.
Below is a summary of the main financial aspects in the Report:
• Assessment Calculation. District No. 41-2021 is made up of two types of homes:
single-family and condominium homes. Based on occupancy differences applied
to various categories of benefits, the Engineer has determined that
condominiums should pay 92% of the rate of single -family homes. The resultant
assessment rates are $525.22 and $483.21, respectively, raising a total of
$284,462.
• Contingency/Reserve. The Report proposes to include up to 5% additional
amount in the cost estimate to establish a reserve fund for contingencies and
special projects as well as a capital improvement fund fo r accumulation of funds
for larger capital improvement projects or capital renovation needs in the District.
Any remaining balance would either be placed in the reserve fund or would be
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used to reduce future years’ assessments.
• City General Fund Contribution. The Report calculated the amount of benefit
received by properties outside District 41-2021 or by the public at large (referred
to as General Benefit) to be 3.84% of the overall benefit. This percentage of the
annual costs must be paid from other sou rces. The most common source of
payment for City-managed districts like this is the General Fund. In summary,
the Report identifies $10,811 in General Benefit to be paid by the City’s General
Fund for FY 2021/22.
• Annual Assessment Calculation. The assessment is proposed to be subject to an
annual adjustment up to a cap of 3%, which adjustment will be based upon
actual costs, including any reasonable reserves, supported by an Engineer’s
Report prepared in accordance with Article XIIID of the California Con stitution. If
the Engineer’s Report does not support an increase or supports a reduction in
the assessment, then the assessment will not be increased or will be lowered as
applicable.
Procedure
The process of forming a new assessment district such as th is is governed by
Proposition 218 and requires a ballot proceeding where the property owners would
need to approve the formation. The procedure is laid out in Division 15, Part 2 of the
California Streets and Highways Code as well as Section 53750 - 53754 of the
Government Code. It requires three steps:
1. Adopt a resolution to initiate the proceedings and direct preparation of the
Engineer’s Report (completed on April 6, 2021);
2. Adopt a resolution approving an Engineer’s Report (which establishes
assessment rates) and setting the date for a public hearing (completed on May
18, 2021);
3. Conduct the public hearing (this report’s recommendation) at which time ballots
will be tabulated and the outcome of the ballot proceeding will be known.
In accordance with the statutes, these proceedings are voted on by property owners
(instead of registered voters). In addition, votes are weighted by the amount of the
proposed assessment. For example, a property owner being assessed $525.22 has
slightly more voting power than an owner being assessed $483.21. The specific
procedures for this ballot proceeding were established in Resolution No. 2019 -18,
approved by the City Council on May 21, 2019, in conjunction with the 2019 ballot
proceedings. Ballots can be returned any time up to the close of the public hearing.
Once the Public Hearing is closed, the tabulation process of the ballots received will
commence under the direction of the City Clerk. The tabulation will take place during the
meeting. Based on the outcome of the ballot tabulation, the City Council can act on one
of the two draft resolutions attached to this report:
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1. If a majority protest does not exist (i.e., a weighted majority of ballots cast are in
favor of the measure), Resolution 2021-xx (ATTACHMENT 1 - FORMATION)
could be considered.
2. If a majority protest does exist (i.e., a weighted majority of ballots cast are
opposed to the measure), Resolutions No. 2021-xx (ATTACHMENT 3 – NO
FORMATION) could be considered.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolutions as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.1.a Resolution No. 2021-33 (FORMATION)
2. 4.1.b Resolution No. 2021-34 (BUDGET AMENDMENT)
3. 4.1.c Resolution No. 2021-33 (NO-FORMATION)
4. 4.1.d Engineer’s Report for District No. 41-2021
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RESOLUTION NO. 2021-33
(FORMATION)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING ENGINEER’S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF
LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL
YEAR 2021-22
WHEREAS, by Resolution No. 2021-12, approved on April 6, 2021, the City Council
ordered the initiation of proceedings for the formation of a landscape maintenance district
pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California
Streets and Highways Code (commencing with § 22500 thereof) (“Act”) and Article XIII-D
of the California Constitution to be known as the Landscape Assessment District No. 41-
2021 (“Assessment District”) of the City of Diamond Bar, for the purpose of financing the
cost of installation, maintenance and servicing as detailed in the Engineer’s Report
prepared by the Assessment Engineer, SCI Consulting Group.
WHEREAS, the City Council has adopted a resolution approving and filing an
Engineer’s Report which includes: (1) a description of the Improvements to be funded with
assessment proceeds; (2) an estimate of the annual cost of the Improvements described
in the Engineer’s Report; (3) a description of the assessable parcels of land within the
District and proposed to be subject to the new assessment; (4) a description of the
proportionate special and general benefits conferred on property by the proposed
assessment; (5) a diagram and boundary map for the Assessment District, and (6) a
specification of the amount to be assessed upon various types of assessable land within
the Assessment to fund the cost of the Improvements. The Engineer’s Report is
incorporated herein by this reference.
WHEREAS, the City Council adopted Resolution No. 2021-21 on May 18, 2021, a
Resolution Declaring Intention to Levy Assessments, Preliminarily Approving the
Engineer’s Report, Providing Notice of Public Hearing and the Mailing of the Assessment
Ballots. The annual assessment rates for various types of real property within the proposed
assessment, the total number of parcels to be as sessed, and the total amount of annual
assessment revenue is contained within the Engineer’s Report.
WHEREAS, the City Council adopted Resolution No. 2019-18 on May 21, 2019, a
Resolution of Intention to Conform with Proposition 218 and its requirements.
WHEREAS, the City Council has provided a 45-day written mailed notice to each
record owner of assessable parcels of real property located within the Assessment
boundaries for the proposed Landscape Assessment District, as set forth on the
Assessment Diagram and Boundary Map, of a public hearing which was held at a regular
meeting of the City Council on July 6, 2021, at 6:30 p.m. in the Windmill Room, located at
21810 Copley Drive, Diamond Bar, CA, on the issue of whether the Landscape Assessment
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Resolution No. 2021-33
2
District should be formed and assessments levied and collected as proposed in the
Engineer’s Report for Fiscal Year 2021-22 and future Fiscal Years.
WHEREAS, the form of written mailed public notice of the public meeting contained
the following information: (a) the total amount of assessments proposed to be levied within
the District for Fiscal Year 2021-22; (b) the assessment chargeable to each owner’s parcel;
(c) the duration of the proposed assessment; (d) the reason for the assessment; (e) the
basis upon which the amount of the proposed assessment was calculated; (f) the date, time
and place of the public hearing as specified in this resolution; and (g) a su mmary of the
voting procedures and the effect of a majority protest. The form of the written mailed public
notice also included an Assessment ballot by which each property owner could express
their support or opposition to the proposed assessment. The ba llot indicated that it must
be returned before the conclusion of the public hearing on July 6, 2021, in order to be valid
and counted, and that all assessment ballots received by the City Clerk (the “Tabulator”),
would be tabulated after the conclusion of the public input portion of the public hearing on
July 6, 2021, by the City clerk.
WHEREAS, pursuant to the provisions of California Constitution Article XIIID, an
opportunity for protest has been afforded, and the assessment ballots mailed to owners of
assessable real property within the proposed boundaries of the Landscape Assessment
District No. 41-2021 have been received and tabulated, with assessment ballots weighted
according to the proportional financial obligation of each affected parcel .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The above Recitals are in all respects true and correct.
Section 2. The canvass of the assessment ballots submitted by the property
owners is complete and certified by the Tabulator, and the votes cast are as follows:
Total Number of Valid Ballots Processed:
Total Assessment Amount of Valid Ballots: $
Total Number of “Yes” Votes Processed:
Total Assessment Amount of “Yes” Votes Processed: $
Percentage of “Yes” votes, unweighted: %
Total Percentage of “Yes” Ballots, weighted: %
Total Number of “No” Votes Processed:
Total Assessment Amount of “No” Votes Processed: $
Percentage of “No” votes, unweighted: %
Total Percentage of “No” Ballots, weighted: %
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Resolution No. 2021-33
3
Total Number of “Invalid” Votes Processed
Total Assessment Amount of “Invalid” Votes Processed: $
Section 3. _________assessment ballots were returned and received prior to the
close of the public hearing on July 6, 2021. This represents a ______% ballot return rate
on the 547 ballots mailed. Of the assessment ballots returned, ________ assessment
ballots were declared invalid in that they were either not marked with a “Yes” or “No”, were
marked with both a “Yes” and a “No”, were not signed, or the property ownership and
barcode information was illegible.”
Section 4. As determined by ballots cast, as weighted according to the amount of
assessment for each parcel, ______________% of the property owners cast ballots in
support of Landscape Assessment District No. 41-2021. Since a majority protest, as
defined by Article XIIID of the California Constitution, did not exist, this City Council thereby
acquired jurisdiction to order the levy of assessment prepared by and made a part of the
Engineer's Report to pay the costs and expenses thereof.
Section 5. The Final Engineer’s Report for Landscape Maintenance District No.
41-2021, together with the diagram of the Assessment District contained therein, and the
proposed assessment roll for Fiscal Year 2021-22 are hereby confirmed and approved.
Section 6. Based on the oral and documentary evidence, including the Engineer’s
Report, offered and received at the public hearing, the City Council expressly finds and
determines that: (a) each of the several assessed lots and parcels of land within the District
will be specially benefited by the Improvements (as described in the Engineer’s Report) in
at least the amount of the Assessment apportioned against such lots and parcels of land,
respectively; and (b) that there is substantial evidence to support, and the weight of the
evidence preponderates in favor of, said finding and determinatio n as to special benefit to
property with the District from the Improvements to be financed with assessment proceeds.
Section 7. Landscape Assessment District No. 41-2021 is hereby formed, and
assessments consistent with the Engineer’s Report are hereby levied, pursuant to the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and
Highways Code.
Section 8. Assessments for Fiscal Year 2021-22 shall be levied at the rate of five
hundred twenty-five dollars and twenty-two cents ($525.22) per single family residence and
four hundred eighty-three dollars and twenty-one cents ($483.21) per condominium
residence as specified in the Engineer’s Report for Fiscal Year 2021-22 with estimated total
annual assessment revenues as set forth in the Engineer’s Report .
Section 9. The Landscape Assessment District No. 41-2021 Improvements to be
financed with assessment proceeds described in the Engineer’s Report are hereby ordered.
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Resolution No. 2021-33
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Section 10. The authorized maximum assessment to be levied in future Fiscal
Years shall be increased by an amount up to the change in the Los Angeles -Riverside-
Orange County area Consumer Price Index, but not exceeding three percent (3%) annu ally,
which adjustment shall be based on actual costs, including any reasonable reserves,
supported by an Engineer’s Report prepared in accordance with Article XIIID of the
California Constitution.
Section 11. The assessment is in compliance with the provisions of the Act, and
the City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the c osts and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2021-22.
Section 12. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2021-22 property tax bills meet the requirements of
Proposition 218 that added Article XIIID to the California Constitution.
Section 13. The assessments are levied without regard to property valuation.
Section 14. Immediately upon the adoption of this resolution, but in no event later
than the second Monday in August following such adoption, the City Council shall file a
certified copy of the Diagram and Assessment and a certified copy of this resolution with
the Auditor/Tax Collector of the County of Los Angeles (“County Auditor/Tax Collector”).
Upon such filing, the County Auditor/Tax Collector shall enter on the County tax roll
opposite each lot or parcel of land the amount of assessment thereupon as shown in the
Assessment. The assessments shall be collected at the same time and in the same manner
as County taxes are collected and all laws providing for the collection and enforcement of
County taxes shall apply to the collection and enforcement of the assessments. After
collection by the County Tax Collector, the net amount of the assessments, after deduction
of any compensation due the County for collection, shall be paid to the City of Diamond Bar
Landscape Assessment District No 41-2021.
Section 15. The monies representing assessments collected shall be deposited in
a separate fund established under the distinctive designation of the Landscape Assessment
District No. 41-2021. Funds collected from Landscape Assessment District No. 41-2021
Assessment shall be expended only for the special benefit of parcels within the District .
Section 16. The Landscape Assessment District No. 41-2021 Assessment, as it
applies to any parcel, may be corrected, cancelled or a refund granted as appropriate, by
order of the City Council by a determination from the Assessment Engineer that the
Assessment should be revised to be consistent with the method of assessment established
in the Engineer’s Report. Any such corrections, cancellations or refunds shall be limited to
the current Fiscal Year.
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Resolution No. 2021-33
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Section 17. The City Clerk shall certify to the adoption of this Resolution; and staff
shall cause a true and correct copy of this Resolution to be published pursuant to California
Government Code § 6061.
PASSED, APPROVED and ADOPTED this 6th day of July 2021.
THE CITY OF DIAMOND BAR
________________________
Nancy A. Lyons, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly and regularly passed, approved and adopted by the City
Council of the City of Diamond Bar, California, at its regular meeting held on the 6th day
of July, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
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Resolution No. 2021-33
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EXHIBIT A
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RESOLUTION NO. 2020-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2021/2022
MUNICIPAL BUDGET TO INCLUDE REVENUE AND EXPENDITURES
RELATED TO LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021.
WHEREAS, the City Council adopted Resolution No. 2021-24 approving and
adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2021
and ending June 30, 2022, including maintenance and operations, special funds and
capital improvements and appropriating funds for accounts departments, divisions, object
and purposes therein set forth; and
WHEREAS, the City Council adopted Resolution No. 2021-33 for the formation of
Landscape Assessment District No. 41-2021 by approving Engineer’s Report, confirming
diagram and assessment and ordering levy of the District for Fiscal Year 2021/22.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. That the City Council of the City of Diamond Bar amends the City’s
Operating Budget for Fiscal Year 2021 /22 to include revenue and expenditures related to
Landscape Maintenance District No. 41-2021 as set forth in Exhibit A attached hereto.
Further, the $24,122 in Personnel Services noted below in Exhibit A will reduce the
operating budget in the General Fund where these salaries are currently included in the
Operating Budget for Fiscal Year 2021/22.
Section 2. There are hereby appropriated for obligations and expenditures by the
City Manager the amounts shown in Exhibit A attached hereto. All obligations and
expenditures shall be incurred and made in the manner provided by the provisions of State
law and City ordinances and resolutions applicable to purchasing and contracting.
PASSED, APPROVED and ADOPTED this 6th day of July, 2021.
THE CITY OF DIAMOND BAR
________________________
Nancy A. Lyons, Mayor
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Resolution No. 2021-34
2
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly and regularly passed, approved and adopted by the City
Council of the City of Diamond Bar, California, at its regular meeting held on the 6th day
of July, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
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Resolution No. 2021-34
3
EXHIBIT A
LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 FISCAL YEAR 2021/22
BUDGET
ESTIMATED RESOURCES
241-49100 Transfer In - General Fund $10, 811
241-40080 Direct Benefit Assessments $242,462
TOTAL ESTIMATED RESOURCES $295,273
ESTIMATED EXPENDITURES
PERSONNEL SERVICES
241641-50010 Salaries $16,204
241641-50020 Over Time Wages $394
241641-50040 Classic Member Retiremnt $2,744
241641-50042 Classic Member Ual Pmts $1,330
241641-50050 City Paid Benefits $169
241641-50052 Worker's Compensation $469
241641-50054 Short/Long Term Disability $95
241641-50056 Medicare Expense $237
241641-50060 Benefit Allotment $2,481
Total Personnel Services $24,122
OPERATING EXPENDITURES
241641-52160 Advertising $5,600
241641-52210 Electric Utility Expenditure $4,400
241641-52220 Water Utility Expenditure $85,850
241641-52320 Maintenance of Grounds/Buildings $18,000
Total Operating Expenditure $113,850
PROFESSIONAL SERVICES
241641-54900 PS - Other Prof Svcs $5,640
Total Professional Services $5,640
CONTRACT SERVICES
241641-55522 CS - Tree Maintenance $59,100
241641-55524 CS - Landscape Maintenance $20,500
241641-55526 CS - Weed/Pest Abatement $58,000
Total Contract Services $137,600
TOTAL ESTIMATED EXPENDITURE $281,212
CONTINGENCIES/RESERVES (5%) $14,061
TOTAL BUDGET $295,273
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RESOLUTION NO. 2021-33
(NO FORMATION)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, CERTIFYING THE RESULTS OF THE BALLOT
PROCEEDING FOR LANDSCAPE ASSESSMENT DISTRICT NO. 41-
2021
WHEREAS, by Resolution No. 2021-12, approved on April 6, 2021, the City Council
ordered the initiation of proceedings for the formation of a landscape maintenance district
pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California
Streets and Highways Code (commencing with § 22500 thereof) (“Act”) and Article XIII -D
of the California Constitution to be known as the Landscape Assessment District No. 41-
2021 (“Assessment District”) of the City of Diamond Bar, for the purpose of financing the
cost of installation, maintenance and servicing as detailed in the Engineer’s Report
prepared by the Assessment Engineer, SCI Consulting Group.
WHEREAS, the City Council has adopted a resolution approving and filing an
Engineer’s Report which includes: (1) a description of the Improvements to be funded with
assessment proceeds; (2) an estimate of the annual cost of the Improvements described
in the Engineer’s Report; (3) a description of the assessable parcels of land within the
District and proposed to be subject to the new assessment; (4) a description of the
proportionate special and general benefits conferred on property by the proposed
assessment; (5) a diagram and boundary map for the Assessment District, and (6) a
specification of the amount to be assessed upon various types of assessable land within
the Assessment to fund the cost of the Improvements. The Engineer’s Report is
incorporated herein by this reference.
WHEREAS, the City Council adopted Resolution No. 2021-21 on May 18, 2021, a
Resolution Declaring Intention to Levy Assessments, Preliminarily Approving the
Engineer’s Report, Providing Notice of Public Hearing and the Mailing of the Assessment
Ballots. The annual assessment rates for various types of real property within the propo sed
assessment, the total number of parcels to be assessed, and the total amount of annual
assessment revenue is contained within the Engineer’s Report.
WHEREAS, the City Council adopted Resolution No. 2019-18 on May 21, 2019, a
Resolution of Intention to Conform with Proposition 218 and its requirements.
WHEREAS, the City Council has provided a 45-day written mailed notice to each
record owner of assessable parcels of real property located within the Assessment
boundaries for the proposed Landscape Assessment District, as set forth on the
Assessment Diagram and Boundary Map, of a public hearing which was held at a regular
meeting of the City Council on July 6, 2021, at 6:30 p.m. in the Windmill Room, located at
21810 Copley Drive, Diamond Bar, CA, on the issue of whether the Landscape Assessment
District should be formed and assessments levied and collected as proposed in the
Engineer’s Report for Fiscal Year 2021-22 and future Fiscal Years.
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Resolution No. 2021-33
2
WHEREAS, the form of written mailed public notice of the public meeting contained
the following information: (a) the total amount of assessments proposed to be levied within
the District for Fiscal Year 2021-22; (b) the assessment chargeable to each owner’s parcel;
(c) the duration of the proposed assessment; (d) the reason for the assessment; (e) the
basis upon which the amount of the proposed assessment was calculated; (f) the date, time
and place of the public hearing as specified in this resolution; and (g) a su mmary of the
voting procedures and the effect of a majority protest. The form of the written mailed public
notice also included an Assessment ballot by which each property owner could express
their support or opposition to the proposed assessment. The ba llot indicated that it must
be returned before the conclusion of the public hearing on July 6, 2021, in order to be valid
and counted, and that all assessment ballots received by the City Clerk (the “Tabulator”),
would be tabulated after the conclusion of the public input portion of the public hearing on
July 6, 2021, by the City Clerk.
WHEREAS, pursuant to the provisions of California Constitution Article XIIID, an
opportunity for protest has been afforded, and the assessment ballots mailed to owners of
assessable real property within the proposed boundaries of the Landscape Assessment
District No. 41-2021 have been received and tabulated, with assessment ballots weighted
according to the proportional financial obligation of each affected parcel .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The above Recitals are in all respects true and correct.
Section 2. The canvass of the assessment ballots submitted by the property
owners is complete and certified by the Tabulator, and the votes cast are as follows:
Total Number of Valid Ballots Processed:
Total Assessment Amount of Valid Ballots: $
Total Number of “Yes” Votes Processed:
Total Assessment Amount of “Yes” Votes Processed: $
Percentage of “Yes” votes, unweighted: %
Total Percentage of “Yes” Ballots, weighted: %
Total Number of “No” Votes Processed:
Total Assessment Amount of “No” Votes Processed: $
Percentage of “No” votes, unweighted: %
Total Percentage of “No” Ballots, weighted: %
Total Number of “Invalid” Votes Processed
Total Assessment Amount of “Invalid” Votes Processed: $
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Resolution No. 2021-33
3
Section 3. _________assessment ballots were returned and received prior to the
close of the public hearing on July 6, 2021. This represents a ______% ballot return rate
on the 547 ballots mailed. Of the assessment ballots returned, ________ assessment
ballots were declared invalid in that they were either not marked with a “Yes” or “No”, were
marked with both a “Yes” and a “No”, were not signed, or the property ownership and
barcode information was illegible.”
Section 4. As determined by ballots cast, as weighted according to the amount of
assessment for each parcel, ______________% of the property owners cast ballots in
support of Landscape Assessment District No. 41-2021. Since a majority protest, as
defined by Article XIIID of the California Constitution, exists, the measure fails and the
Assessment District cannot be formed or its proposed assessments levied.
Section 6. The results of the ballot proceeding are hereby certified by the City
Council of the City of Diamond Bar.
Section 7. 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, APPROVED and ADOPTED this 6th day of July 2021.
THE CITY OF DIAMOND BAR
________________________
Nancy A. Lyons, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly and regularly passed, approved and adopted by the City
Council of the City of Diamond Bar, California, at its regular meeting held on the 6th day
of July, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
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Resolution No. 2021-33
4
EXHIBIT A
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT
FISCAL YEAR 2021-22
MAY 2021
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
WWW.SCI-CG.COM
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
PAGE i
CITY OF DIAMOND BAR
CITY COUNCIL
Nancy A. Lyons, Mayor
Ruth M. Low, Mayor Pro Tem
Andrew Chou, Councilmember
Stan Liu, Councilmember
Steve Tye, Councilmember
CITY MANAGER
Dan Fox
PUBLIC WORKS DIRECTOR / CITY ENGINEER
David Liu
CITY ATTORNEY
David DeBerry
ENGINEER OF WORK
Jerry Bradshaw, P.E.
SCI Consulting Group
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
PAGE ii
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
PAGE iii
TABLE OF CONTENTS
INTRODUCTION....................................................................................................................... 1
OVERVIEW ...................................................................................................................... 1
ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 1
LEGISLATIVE ANALYSIS .................................................................................................... 2
PLANS & SPECIFICATIONS ...................................................................................................... 4
FISCAL YEAR 2021-22 ESTIMATE OF COST AND BUDGET ......................................................... 6
BUDGET FOR FISCAL YEAR 2021-22 ................................................................................. 6
METHOD OF ASSESSMENT APPORTIONMENT ............................................................................ 8
METHOD OF APPORTIONMENT .......................................................................................... 8
DISCUSSION OF BENEFIT .................................................................................................. 8
SPECIAL BENEFIT ............................................................................................................ 9
GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 11
BENEFIT FINDING ........................................................................................................... 12
METHOD OF APPORTIONMENT ........................................................................................ 14
RESIDENTIAL PROPERTIES ............................................................................................. 15
VACANT/UNDEVELOPED PROPERTIES .............................................................................. 16
OTHER PROPERTY TYPES .............................................................................................. 16
ANNUAL ASSESSMENT CALCULATION .............................................................................. 16
DURATION OF ASSESSMENT ........................................................................................... 16
APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 17
ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 17
ASSESSMENT ...................................................................................................................... 18
ASSESSMENT DIAGRAM ........................................................................................................ 21
ASSESSMENT ROLL ............................................................................................................. 22
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
PAGE iv
LIST OF TABLES
TABLE 1: FY 2021-22 ESTIMATE OF COSTS ............................................................................. 6
TABLE 2: ASSESSMENT RATE DETERMINATION ......................................................................... 7
TABLE 3: FY 2021-22 SUMMARY COST ESTIMATE .................................................................. 18
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2021-22
PAGE 1
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”).
ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District, and
the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the proposed Assessments by resolution,
a ballot and notice will be mailed to each property owner as identified in the most recent
equalized tax roll prepared by the Los Angeles County Assessor’s office. The resolution
preliminarily approving the Engineer’s Report and mailed notice will include the date for a
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
PAGE 2
public hearing at which time all ballots must be received to be counted in accordance with
Government Code Section 53753. The notice and ballots must be mailed at least 45 days
prior to the public hearing.
At the appointed time and place, a public hearing is held for the purpose of allowing public
testimony about the proposed Assessments. This hearing is currently scheduled for July 6,
2021. At this hearing, the Council will hear public testimony and tabulate all ballots turned
in before the close of the public comment period of the public hearing. If it is determined that
the assessment ballots submitted in opposition to the proposed Assessments do not exceed
the assessment ballots submitted in favor of the Assessments (each ballot is weighted by
the proportional financial obligation of the property for which the ballot is submitted) the
Council may take action to approve the levying of Assessments for Fiscal Year 2021-22. 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 2021-22.
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 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
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
PAGE 3
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.
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
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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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 loc ations 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.
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 notic es; (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
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to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections
held for the approval of a new or increased assessment (Streets & Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or detachment of
specific parcels, revisions in the method of apportionment, or proposed new or increased
assessments.
The assessment proceeds will be exclusively used for Improvements within the District plus
incidental expenses.
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LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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FISCAL YEAR 2021-22 ESTIMATE OF COST AND BUDGET
BUDGET FOR FISCAL YEAR 2021-22
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 2021-22 for the maintenance and servicing of the
Improvements is provided below.
TABLE 1: FY 2021-22 ESTIMATE OF COSTS
Expenditure Item Amount
Salaries & Benefits 24,122$
Operating Expenses
Advertising 5,600
Utilities 90,250
Maintenance of Grounds/Buildings 18,000
Professional Services 5,640
Contract Services
Landscape Maintenance 59,100
Tree Maintenance 20,500
Weed/Pest Abatement 58,000
Capital Improvements 0
Estimated Expenditures 281,212$
Contingencies/Reserves 5%14,061
Total Budget 295,273$
Revenue Item Amount
Direct Benefit Assessments 284,462$
Carryover from Prior Year $0
General Fund Contribution 3.84%10,811
Estimated Revenues 1 295,273$
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.
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ENGINEER’S REPORT, FISCAL YEAR 2021-22
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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 399 100%399.00
Condominium Parcels 155 92%142.60
Total 554 541.60
Budget Allocation to Parcels
Total Amount Assessed 284,462$
Total SFEs `541.60
Assessment per SFE 2 525.22$
Single-Family Assessment 525.22$
Condominium Assessment 483.21$
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.
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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 t he
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."
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:
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LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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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 tha t 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 ot her 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.
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
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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 VIEWS 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.
EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN
CLOSE PROXIMITY 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 i ncreased 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 LOTS FOR RESIDENTIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS,
WOULD NOT HAVE BEEN CREATED
In the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for
improvements that were required as a condition of development and subdivision approval.
Therefore, such Assessments allowed the original property to be subdivided and for
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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.
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 origina l 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
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There is no widely-accepted or statutory formula for general benefit. General benefits are
benefits from improvements or services that are not special in nature, are not “particular and
distinct” and are not “over and above” benefits received by other pro perties. 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.
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
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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%
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 m ay 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
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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.
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 pro perty 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 not ed 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
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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.
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.
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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.
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.
ANNUAL 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.
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
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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.
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.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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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 2021-22 is generally as follows:
TABLE 3: FY 2021-22 SUMMARY COST ESTIMATE
Salaries & Benefits 24,122$
Operating Expenses & Services 257,090
Capital Expenses/Reserves 14,061
Total for Services 295,273$
Less General Fund Contribution (10,811)
Net Amount to Assessments 284,462$
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 b y 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.
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
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
PAGE 19
2021-22. 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 2021-22 for each parcel
or lot of land within the District.
Dated: May 18, 2021
Engineer of Work
By
Jerry Bradshaw, License No. C48845
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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 2021-22, and are
incorporated herein by reference, and made a part of this Diagram and this Report.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report
and is available for public inspection during normal office hours at the City Hall at 21810
Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County
Assessor records and these records are, by reference, made part of this Report. These
records shall govern for all details concerning the description of the lots or parcels.
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Agenda #: 4.2
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NOS. 38 AND 39 FOR FISCAL YEAR
2021/22.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Receive presentation, open Public Hearing, receive testimony, close Public Hearing,
discuss, and take the following actions:
A. Adopt Resolution No. 2021-35 (LLAD No. 38) to levy and collect assessments for
Landscape Assessment District No. 38 for Fiscal Year 2021-22; and
B. Adopt Resolution No. 2021-36 (LLAD No. 39) to levy and collect assessments for
Landscape Assessment District No. 39 for Fiscal Year 2021-22.
FINANCIAL SUMMARY:
District No. 38
The assessment generated by this District in the amount of $276,705, and $155,692 of
the General Fund are proposed to pay for the operation and maintenance costs as
included in the Fiscal Year 2021/22 Budget Special Fund No. 638.
District No. 39
The assessment generated by this District in the amount of $294,764, and $99,133 of
General Funds are proposed to pay for the operation and maintenance costs as
included in the Fiscal Year 2021/22 Budget Special Fund No. 639.
BACKGROUND/DISCUSSION:
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As part of these assessment district updates, the City must undergo a three-step
process. This is the final part of the process where the City Council conducts a public
hearing on each of the District’s proposed annual assessment, after which the Council
will consider the related resolutions confirming the levy assessments. Throughout the
entire process, all proceedings for the maintenance of improvements are pursuant to
the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the
Streets and Highways Code of the State of California and applicable provisions of
Proposition 218, Article 10 XII D of the California Constitution.
District No. 38
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
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 18,447 parcels. The amount
assessed upon the lands within District Number 38 for Fiscal Year 2020 -21 was $15.00
per parcel. The amount to be assessed for Fiscal Year 2021 -22 is to remain at $15.00
per parcel. The assessments will be utilized towards the general maintenance of the
City’s medians and parkways.
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.
District No. 39
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
39 (Attachment 4), 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 District and the assessments.
The estimated number of parcels within the District is 1,249 parcels. The amount
assessed upon the lands within District Number 39 for Fiscal Year 2020 /21 was
$236.00 per parcel. The amount to be assessed for Fiscal Year 2021 /22 is proposed to
remain at $236.00 per parcel. The assessments will be utilized towards the general
maintenance of slopes, open space areas, and the five (5) mini parks within District 39.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
LEGAL REVIEW:
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The City Attorney has reviewed and approved the Resolutions as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.2.a Resolution No. 2021-35 (District No. 38)
2. 4.2.b District No. 38 Engineer's Report
3. 4.2.c Resolution No. 2021-36 (District No. 39)
4. 4.2.d District No. 39 Engineer's Report
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RESOLUTION NO. 2021-35
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE
FISCAL YEAR 2021-22.
WHEREAS, by its Resolution No. 2021-28, this Council approved a report of the
Engineer of Work related to City of Diamond Bar Assessment District No. 38 (“District”)
prepared pursuant to Article XIII of the California Constitution, and the Landscape and
Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of the California Streets and
Highways Code (commencing with Section 22500 thereof), which described the
improvements thereon, and gave notice of and fixed the time and place of the hearing on
the question of assessment thereon for fiscal year 2021-22. A diagram of the area
encompassed by said assessment district is attached hereto as Exhibit "A -1."
WHEREAS, said hearing was duly and properly noticed, commenced in the
Windmill Room, located at 21810 Copley Drive, Diamond Bar, California on July 6, 2021,
and was concluded prior to the adoption of this Resolution.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond
Bar does hereby:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
Section 2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied,
therefore.
Section 3. Based upon its review of the report of the Engineer of Work referred
to hereinabove, and other reports and information, the City Council hereby finds that (i)
the land within the said District will be benefitted by the improvements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2021-22 fiscal year, in accordance
with said report, is apportioned by a formula and 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.
Section 4. The improvements specified in the report hereinabove referred to
which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
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Resolution No. 2021-35
2
Section 5. The assessment diagram contained in the report referred to
hereinabove and the assessment of $15.00 for each assessable lot located within said
District are hereby adopted and confirmed and said assessment hereby is levied for the
2021-22 fiscal year.
Section 6. The assessment is in compliance with the provisions of the Act, and
the City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2021-22.
Section 7. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2021-22 property tax bills meet the requirements of
Proposition 218 that added Articles XIIIC and XIIID to the California Constitution.
Section 8. The assessments are levied without regard to property valuation.
Section 9. The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a special fund for use in City of
Diamond Bar Assessment District No. 38.
Section 10. The City Clerk is hereby authorized and directed to file the diagram
and assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
Section 11. A certified copy of the assessment and diagram shall be filed in the
office of the City Clerk and open for public inspection.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 6th day of July 2021.
_____
Nancy A. Lyons, Mayor
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Resolution No. 2021-35
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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 6th day of July 2021, 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. 2021-35
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Exhibit A-1
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT
FISCAL YEAR 2021-22
JUNE 2021
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
WWW.SCI-CG.COM
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CITY OF DIAMOND BAR PAGE i
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP
CITY OF DIAMOND BAR
CITY COUNCIL
Nancy A. Lyons, Mayor
Ruth M. Low, Mayor Pro Tem
Andrew Chou, Councilmember
Stan Liu, Councilmember
Steve Tye, Councilmember
CITY MANAGER
Dan Fox
PUBLIC WORKS DIRECTOR / CITY ENGINEER
David Liu
CITY ATTORNEY
David DeBerry
ENGINEER OF WORK
Jerry Bradshaw, P.E.
SCI Consulting Group
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ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP
TABLE OF CONTENTS
INTRODUCTION....................................................................................................................... 5
OVERVIEW ...................................................................................................................... 5
ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5
LEGISLATIVE ANALYSIS .................................................................................................... 6
PLANS & SPECIFICATIONS ...................................................................................................... 9
FISCAL YEAR 2021-22 ESTIMATE OF COST AND BUDGET ....................................................... 11
BUDGET FOR FISCAL YEAR 2021-22 ............................................................................... 11
METHOD OF ASSESSMENT APPORTIONMENT .......................................................................... 12
METHOD OF APPORTIONMENT ........................................................................................ 12
DISCUSSION OF BENEFIT ................................................................................................ 12
SPECIAL BENEFIT .......................................................................................................... 13
GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 15
BENEFIT FINDING ........................................................................................................... 16
METHOD OF APPORTIONMENT ........................................................................................ 19
ANNUAL ASSESSMENT CALCULATION .............................................................................. 19
DURATION OF ASSESSMENT ........................................................................................... 20
APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 20
ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 20
ASSESSMENT ...................................................................................................................... 21
ASSESSMENT DIAGRAM ........................................................................................................ 23
ASSESSMENT ROLL ............................................................................................................. 25
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ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP
LIST OF TABLES
TABLE 1: FY 2021-22 ESTIMATE OF COSTS ........................................................................... 11
TABLE 2: FY 2021-22 SUMMARY COST ESTIMATE .................................................................. 21
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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 2021-22 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.
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 July 6, 2021. At this hearing, the
Council will consider approval of a resolution confirming the continuation of the Assessments
for fiscal year 2021-22. 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 2021-22.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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 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
This Engineer’s Report and the process used to establish the continuation of the
assessments for fiscal year 2021-22 are consistent with the SVTA decision and with the
requirements of Article XIIIC and XIIID of the California Constitution based on the following
factors:
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.
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ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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.
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,
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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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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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
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
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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.
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of any
engineer or attorney employed to render services in proceedings pursuant to this part; (e)
any other expenses incidental to the construction, installation, or maintenance and servicing
of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant
to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections
held for the approval of a new or increased assessment (Streets & Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or detachment of
specific parcels, revisions in the method of apportionment, or proposed new or increased
assessments.
The assessment proceeds will be exclusively used for Improvements within the District plus
incidental expenses.
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ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
FISCAL YEAR 2021-22 ESTIMATE OF COST AND BUDGET
BUDGET FOR FISCAL YEAR 2021-22
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 2021-22 for the maintenance and servicing of the
Improvements is provided below.
TABLE 1: FY 2021-22 ESTIMATE OF COSTS
Expenditure Item
Salaries & Benefits (subsidized by General Fund)45,085$
Operating Expenses
Advertising 5,000$
Utilities 168,000$
Maintenance of Grounds/Buildings 37,175$
Professional Services 5,640$
Contract Services
Landscape Maintenance $ 184,070
Trees Maintenance 6,500$
Estimated Expenditures 451,470$
Revenue Item
Direct Benefit Assessments 276,705$
Fund Balance Reserves 19,073$
General Fund Contribution 155,692$
Estimated Revenues 451,470$
Budget Allocation to Parcels
Total Assessment BudgetA 276,705$
Total Assessable Parcels 18447
Assessment per Parcel 15$
A. 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.
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ENGINEER’S REPORT, FISCAL YEAR 2021-22
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."
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:
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ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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.
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.
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BY SCICONSULTINGGROUP
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 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.
ACCESS TO IMPROVED LANDSCAPED AREAS 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.
IMPROVED VIEWS 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 PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN
CLOSE PROXIMITY 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
1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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:
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
Total
Benefit = General
Benefit + Special
Benefit
4.2.b
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CITY OF DIAMOND BAR PAGE 16
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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.
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”
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
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CITY OF DIAMOND BAR PAGE 17
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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 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.
4.2.b
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CITY OF DIAMOND BAR PAGE 18
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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%.
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%.
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CITY OF DIAMOND BAR PAGE 19
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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 APPORTIONMENT
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.
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
ANNUAL ASSESSMENT CALCULATION
For fiscal year 2021-22 the amount of Assessments for the District is not increased from
prior years. The assessment per parcel is $15.
2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
4.2.b
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CITY OF DIAMOND BAR PAGE 20
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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 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.
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.
4.2.b
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CITY OF DIAMOND BAR PAGE 21
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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 2021-22 is generally as follows:
TABLE 2: FY 2021-22 SUMMARY COST ESTIMATE
Salaries & Benefits 45,085$
Operating Expenses & Services 406,385$
Total for Services 451,470$
Less General Fund Contribution (174,765)$
Net Amount to Assessments 276,705$
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.
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
2021-22. 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.
4.2.b
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CITY OF DIAMOND BAR PAGE 22
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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 2021-22 for each parcel
or lot of land within the District.
Dated: June 4, 2021
Engineer of Work
By___________________________
Jerry Bradshaw, License No. C48845
4.2.b
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CITY OF DIAMOND BAR PAGE 23
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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 2021-22, and are incorporated herein by reference, and made a part of this
Diagram and this Report.
4.2.b
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CITY OF DIAMOND BAR PAGE 24
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
4.2.b
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CITY OF DIAMOND BAR PAGE 25
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
PAGE 25
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.
4.2.b
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RESOLUTION NO. 2021-36
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE
FISCAL YEAR 2021-22.
WHEREAS, by its Resolution No. 2021-29, this Council approved a report of the
Engineer of Work related to City of Diamond Bar Assessment District No. 39 (“District”)
prepared pursuant to Article XIII of the California Constitution, and the Landscape and
Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of the California Streets and
Highways Code (commencing with Section 22500 thereof), which described the
improvements thereon, and gave notice of and fixed the time and place of the hearing on
the question of assessment thereon for fiscal year 2021-22. A diagram of the area
encompassed by said assessment district is attached hereto as Exhibit "A -2."
WHEREAS, said hearing was duly and properly noticed, commenced in the
Windmill Room, located at 21810 Copley Drive, Diamond Bar, California, on July 6, 2021,
and was concluded prior to the adoption of this Resolution.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond Bar does
hereby:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessme nt levied,
therefore.
Section 3. Based upon its review of the report of the Engineer of Work referred
to hereinabove, and other reports and information, the City Council hereby finds that (i)
the land within the said District will be benefitted by the imp rovements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2021-22 fiscal year, in accordance
with said report, is apportioned by a formula and 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.
Section 4. The improvements specified in the report hereinabove referred to
which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
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Resolution No. 2021-36
2
Section 5. The assessment diagram contained in the report referred to
hereinabove and the assessment of $236.00 for each assessable lot located within said
District are hereby adopted and confirmed and said assessment hereby is levied for the
2021-22 fiscal year.
Section 6. The assessment is in compliance with the provisions of the Act, and
the City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2021-22.
Section 7. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2021-22 property tax bills meet the requirements of
Proposition 218 that added Articles XIIIC and XIIID to the California Constitution.
Section 8. The assessments are levied without regard to property valuation.
Section 9. The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a special fund for use in City of
Diamond Bar Assessment District No. 39.
Section 10. The City Clerk is hereby authorized and directed to file the diagram
and assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
Section 11. A certified copy of the assessment and diagram shall be file d in the
office of the City Clerk and open for public inspection.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 6th day of July 2021.
______
Nancy A. Lyons, Mayor
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Resolution No. 2021-36
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 6th day of July 2021, by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
______
Kristina Santana, City Clerk
4.2.c
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Resolution No. 2021-36
4
Exhibit A-2
4.2.c
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT
FISCAL YEAR 2021-22
JUNE 2021
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
WWW.SCI-CG.COM
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CITY OF DIAMOND BAR PAGE i
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP
CITY OF DIAMOND BAR
CITY COUNCIL
Nancy A. Lyons, Mayor
Ruth M. Low, Mayor Pro Tem
Andrew Chou, Councilmember
Stan Liu, Councilmember
Steve Tye, Councilmember
CITY MANAGER
Dan Fox
PUBLIC WORKS DIRECTOR / CITY ENGINEER
David Liu
CITY ATTORNEY
David DeBerry
ENGINEER OF WORK
Jerry Bradshaw, P.E.
SCI Consulting Group
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP
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CITY OF DIAMOND BAR PAGE iii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP
TABLE OF CONTENTS
INTRODUCTION....................................................................................................................... 5
OVERVIEW ...................................................................................................................... 5
ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5
LEGISLATIVE ANALYSIS .................................................................................................... 6
PLANS & SPECIFICATIONS ...................................................................................................... 9
FISCAL YEAR 2020-21 ESTIMATE OF COST AND BUDGET ....................................................... 11
BUDGET FOR FISCAL YEAR 2020-21 ............................................................................... 11
METHOD OF ASSESSMENT APPORTIONMENT .......................................................................... 12
METHOD OF APPORTIONMENT ........................................................................................ 12
DISCUSSION OF BENEFIT ................................................................................................ 12
SPECIAL BENEFIT .......................................................................................................... 13
GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 15
BENEFIT FINDING ........................................................................................................... 16
METHOD OF APPORTIONMENT ........................................................................................ 19
ANNUAL ASSESSMENT CALCULATION .............................................................................. 20
DURATION OF ASSESSMENT ........................................................................................... 20
APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 20
ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 21
ASSESSMENT ...................................................................................................................... 22
ASSESSMENT DIAGRAM ........................................................................................................ 24
ASSESSMENT ROLL ............................................................................................................. 26
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CITY OF DIAMOND BAR PAGE iv
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP
LIST OF TABLES
TABLE 1: FY 2020-21 ESTIMATE OF COSTS ........................................................................... 11
TABLE 2: FY 2020-21 SUMMARY COST ESTIMATE .................................................................. 22
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CITY OF DIAMOND BAR PAGE 5
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
PAGE 5
INTRODUCTION
OVERVIEW
The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of the
City. In order to fund the maintenance and operation (“Services”) of these projects and
improvements, Landscaping Assessment District No. 39 (“District”) 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. This Engineer’s Report
("Report") was prepared to establish the budget for the Improvements (as described below)
that will be funded by the 2021-22 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 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.
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 July 6, 2021. At this hearing, the
Council will consider approval of a resolution confirming the continuation of the Assessments
for fiscal year 2021-22. 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 2021-22.
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CITY OF DIAMOND BAR PAGE 6
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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 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
This Engineer’s Report and the process used to establish the continuation of the
assessments for fiscal year 2021-22 are consistent with the SVTA decision and with the
requirements of Article XIIIC and XIIID of the California Constitution based on the following
factors:
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.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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.
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.
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CITY OF DIAMOND BAR PAGE 8
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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. 39, (“District”), and the cost thereof paid from the levy of the annual Assessment
provide special benefit to Assessor Parcels within the District as defined in the Method of
Assessment herein. In addition to the definitions provided by the Landscaping and Lighting
Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks,
slopes and open space areas within the District. The Assessment Diagram shows the
location and extent of the Improvements to be installed, maintained or serviced by the
proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts,
other recreational facilities, graffiti removal and repainting, and labor, materials, supplies,
utilities and equipment, as applicable, at each of the locations owned, operated or
maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but not
limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping,
irrigation systems, walkways and drainage, lights, playground equipment, play courts,
playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health, and
beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or
treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent
for any public lighting facilities or for the lighting or operation of any other improvements; or
water for the irrigation of any landscaping, the operation of any fountains, or the maintenance
of any other improvements.
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).
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or detachment of
specific parcels, revisions in the method of apportionment, or proposed new or increased
assessments.
The assessment proceeds will be exclusively used for Improvements within the District plus
incidental expenses.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
FISCAL YEAR 2021-22 ESTIMATE OF COST AND BUDGET
BUDGET FOR FISCAL YEAR 2021-22
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 2021-22 for the maintenance and servicing of the
Improvements is provided below.
TABLE 1: FY 2021-22 ESTIMATE OF COSTS
Expenditure Item
Salaries & Benefits 25,640$
Operating Expenses
Advertising 5,000$
Utilities 123,517$
Maintenance of Grounds/Buildings 34,500$
Professional Services 5,640$
Contract Services
Trails Maintenance 146,500$
Tree Maintenance 6,500$
Weed Abatement 47,000$
Estimated Expenditures 394,297$
Revenue Item
Direct Benefit Assessments 294,764$
Fund Balance Reserve 400$
General Fund Contribution 99,133$
Estimated Revenues 394,297$
Budget Allocation to Parcels
Total Assessment BudgetA 294,764$
Total Assessable Parcels 1249
Assessment per Parcel 236$
A. 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.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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."
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:
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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.
E. Safety and Security within the District
F. 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.
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
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.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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.
4. 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 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.
ACCESS TO IMPROVED LANDSCAPED AREAS 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.
IMPROVED VIEWS 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.
EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN
CLOSE PROXIMITY 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
1 From the Engineer’s Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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 permanent public
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 LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF
THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED
In most of 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 public 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.
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.
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
In other words:
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.
Total
Benefit = General
Benefit + Special
Benefit
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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 certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are eight parcels outside the District that lie within a half mile travel distance
of one of mini-parks within the District. In addition, there are 87 parcels outside the District
that are directly adjacent to areas where brush clearing activity is performed by the District.
The benefits conferred to these properties do not include the Lot Creation benefit factor,
therefore the benefit is reduced by half. 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.
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly abutting
the District that is publicly owned and used for regional purposes such as regional parks,
major roads, rail lines and other regional facilities because such properties used for regional
purposes could provide indirect benefits to the public at large. Approximately 1.51% of the
87 Parcels Outside District
1,249 Parcels In the District
50%Benefit Factor
87
87 +1,249 x 50%
Assumptions:
Calculation:
General Benefit to Property Ouside the District
=3.26%
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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. There are two ways in
which the public at large can enjoy the improvements, with each counting for half of the
general benefit: use of parks, and pass-by trips where landscaped areas can be viewed. In
the case of the mini-parks that serve primarily the neighborhood, City staff estimate that
approximately 10% of the users do not live, work or own property in the District. The general
landscape improvements are typically along slopes and open space areas, out of view of
the general public; no general benefit is conferred for views of landscaping. Finally, the
general benefits conferred to the public at large does not include the benefit of lot creation,
so this benefit is further reduced by half. Therefore, we find that ((50% of 10%) x 50% =)
2.50% of the benefits from the Improvements are general benefits to the public at large.
TOTAL GENERAL BENEFITS
Using a sum of these three measures of general benefit, we find that approximately 7.27%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
Although this analysis finds that 7.27% 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 8%. This minimum contribution
above the measure of general benefits will serve to provide additional coverage for any other
general benefits.
Outside the District
Inside the District
Public At Large
Total General Benefit
3.26%
1.51%
2.50%
7.27%
Landscaping General Benefit Calculation
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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%.
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 8% 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 APPORTIONMENT
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:
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CITY OF DIAMOND BAR PAGE 20
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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 as set forth below:
1. Beautification of the streets which are used by all of the residents in
Diamond Bar.
2. Public parks which can be utilized and enjoyed by all residents within the
District.
3. A sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing
benefits.
The existing land use information indicates that all of the parcels within the District 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
ANNUAL ASSESSMENT CALCULATION
For fiscal year 2021-22 the amount of Assessments for the District is not increased from the
prior year. The assessment per parcel is $236.
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
2 From the Engineer’s Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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CITY OF DIAMOND BAR PAGE 21
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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.
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.
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CITY OF DIAMOND BAR PAGE 22
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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 2021-22 is generally as follows:
TABLE 2: FY 2021-22 SUMMARY COST ESTIMATE
Salaries & Benefits 25,640$
Operating Expenses & Services 368,657$
Total for Services 394,297$
Less General Fund Contribution (99,533)$
Net Amount to Assessments 294,764$
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.
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
2021-22. 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.
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CITY OF DIAMOND BAR PAGE 23
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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 2021-22 for each parcel
or lot of land within the District.
Dated: June 4, 2021
Engineer of Work
By___________________________
Jerry Bradshaw, License No. C48845
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CITY OF DIAMOND BAR PAGE 24
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
ASSESSMENT DIAGRAM
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 39 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 2021-22, 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 25
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
BY SCICONSULTINGGROUP
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CITY OF DIAMOND BAR PAGE 26
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2021-22
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 #: 4.3
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: INTRODUCTION OF ORDINANCE NO. 01(2021) AMENDING
SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT GENERAL
DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 OF THE DIAMOND
BAR MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Introduce first reading by title only, waive full reading of Ordinance 01 (2021), open
Public Hearing to receive public testimony, and schedule for second reading and
adoption at the July 20, 2021 City Council meeting.
FINANCIAL IMPACT:
None.
BACKGROUND:
In response to California’s housing crisis, the Governor signed legislation in 2019 and
2020 to further encourage the development of accessory dwelling units (ADUs) and
“junior” ADUs (JADUs). These laws further limit the extent to which local zoning
ordinances can regulate the development of ADUs and JADUs. The proposed
amendments to the Development Code are necessary to enable the City to regulate
accessory dwelling units (ADUs) and junior accessory dwelling units (JA DUs) in a
manner consistent with, and to the extent permissible under current State law.
An ADU is an attached or detached residential dwelling unit that provides complete
independent living facilities for one or more persons, and which is located on the same
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parcel as the main residence. The unit typically includes permanent provisions for
living, sleeping, eating, cooking, and sanitation.
The California Legislature has long recognized ADUs as a valuable affordable housing
option for single-family neighborhoods, and State law (Government Code
Sections 65852.150–65852.2) places certain limitations on the City’s authority to
regulate ADUs. Cities may not completely prohibit ADUs within their jurisdictions, but
State law has historically allowed cities to designate areas where ADUs are appropriate
and to impose reasonable parking, height, setback, lot coverage, size, and other
development standards on ADUs, so long as such requirements are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the ability of homeowners to
create ADUs in zones in which they are authorized. Since 2003, State law has also
required cities to approve ADUs ministerially (i.e., without a hearing).
In 2016, SB 1069 and AB 2299 were signed into law, amending Gove rnment Code
Sections 65852.150 and 65852.2, and enacting the most significant changes to the
ADU statutes since 2003. These laws took effect on January 1, 2017, and were
intended to address the State’s housing shortage by easing development restrictions
that cities and counties may place on ADUs. In May 2017, the City amended its
Development Code to ensure continued consistency with State law, and to enable the
City to regulate ADUs to the extent allowable pursuant to the amended State law.
At the end of 2019, the Legislature passed several bills (SB 13, AB 881, AB 68(1), AB
587, AB 670 and AB 671), which placed additional limitations on local agencies’
authority to regulate ADUs. These new laws took effect on January 1, 2020, and are
codified under Government Code Sections 65852.2 and 65852.22. In 2020, the
legislature passed AB 3182 (effective January 1, 2021), which further reduces
regulatory barriers, and streamlines approval processes to facilitate the development of
ADUs and JADUs. These bills are codified under Government Code Sections 65852.2,
65852.22, 65852.26, 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and
Safety Code Section 17980.12 (Attachment 5).
To retain local control over the limited scope of land use standards that the latest round
of ADU legislation allows public agencies to regulate, the City must amend the
Development Code to be consistent with the new State laws.
Development Code Amendment Process
Before the City Council adopts an ordinance to amend the Developm ent Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
Planning Commission Review
On June 8, 2021, after conducting a duly noticed public hearing, the Planning
Commission adopted Resolution no. 2021-07 recommended, by a 4-1 vote, that the City
Council adopt the attached ordinance amending Title 22 (Attachment 2). Commissioner
Wolfe cast the dissenting vote to protest what he saw as overreach by the state to
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preempt local land use authority. The staff report and meeting minutes from that
meeting are attached to this report as Attachments 3 and 4 respectively.
No public comments were received prior to or during the Planning Commission hearing.
ANALYSIS:
Summary of Changes to State ADU Laws
The most noteworthy changes from the latest round of ADU legislation are summarized
below:
• Jurisdictions can no longer require a minimum lot size for ADUs.
• ADUs may be developed on any lot that is zoned to allow single-family or multifamily
residential uses, provided that a single-family dwelling, duplex, or multifamily
dwelling legally exists or is proposed on that lot.
• Local agencies may no longer prohibit JADUs. JADUs are created by converting
space within an existing home into a separate living unit with a separate sleeping
and kitchen facilities. JADUs are limited to 500 square feet in size, and may either
have a separate bathroom or may share bathroom facilities with the primary
dwelling.
• One ADU and one JADU (a total of 3 separate housing units, including the primary
unit) must be allowed on a residential lot, with limited exceptions.
• Jurisdictions may not require a side or rear yard setback greater than four feet for
ADUs.
• There are fewer opportunities to regulate the size of ADUs. The maximum size may
not be less than 850 square feet for attached and detached studio and one-bedroom
ADUs, and may not be less than 1,000 square feet for ADUs with two or more
bedrooms. In practice, an ADU might be limited to less than these maximums
because other development standards, such as lot coverage, may prevail. However,
local agencies are prohibited from imposing development standards that would not
allow for an ADU of up to 800 square feet.
• Owner-occupancy requirements are suspended for ADUs approved between
January 1, 2020, and January 1, 2025. For JADUs, the property owner must reside
in either the main unit or the JADU.
• When ADUs are created through the conversion of a garage, carport or covered
parking structure, replacement of off-street parking spaces cannot be required.
• ADU/JADU applications must now be acted upon within 60 days of receiving a
complete application or they shall be deemed approved. Previously, the deadline for
local agencies to approve or deny such applications was 120 days.
• ADUs and JADUs may be counted toward satisfying the Regional Housing Needs
Assessment (RHNA) allocation.
• Local agencies must submit their ADU ordinances to the California Department of
Housing and Community Development (HCD) within 60 days of adoption. HCD may
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submit written findings to an agency as to whether the ordinance complies with State
law. If HCD finds that it does not comply, the agency is given 30 days to respond.
The agency shall consider HCD’s findings and may either change the ordinance to
comply, or make findings as to why the ordinance complies despite HCD’s findings.
If the agency’s response does not satisfy HCD, HCD can notify the Attorney General
that the ordinance is in violation of State law.
• Homeowners associations are prevented from enforcing any CC&Rs or rules that
effectively prohibit or unreasonably restrict the construction or use of an ADU or
JADU.
Summary of Proposed Development Code Amendments
Section 22.08.040 (Table 2-4) (Residential zoning district general development
standards) – A note was added in the residential development standard table to refer to
Section 22.42.120 for minimum setbacks required for ADUs.
Section 22.42.110 (Residential accessory uses and structures) – Since ADUs are
considered “accessory structures,” a note was added referring to Section 22.42.120 for
ADU and JADU standards.
Section 22.42.120 (Accessory dwelling units)
This section was repealed in its entirety and replaced with a new section to comply with
current State ADU regulations.
California Department of Housing and Community Development Review
As noted above, after the adoption of an ordinance, HCD reviews and submits written
findings to the local agency as to whether the ordinance complies with Government
Code Section 65852.2 (h)(1). HCD does provide the opportunity for local agencies to
submit a draft of the ordinance for review prior to adoption. Staff provided a co py of the
ordinance to HCD for review, and on April 19, 2021, received a tentative determination
that the ordinance conforms to HCD’s interpretation of State law.
ENVIRONMENTAL REVIEW:
It has been determined that the proposed Development Code Amendment i s not subject
to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources
Code Section 21080.17 (CEQA does not apply to the adoption of an ordinance by a city
or county to implement the provisions of Section 65852.2 of the Government Code) and
CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment)
and because the proposed Development Code Amendments pertain to the re gulation of
activities that are themselves categorically exempt from CEQA pursuant to Sections
15301 and 15303 of the CEQA Guidelines. Therefore, no further environmental review
is required.
NOTICE OF PUBLIC HEARING:
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Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
June 25, 2021, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
LEGAL REVIEW:
The City Attorney has reviewed and approved the proposed Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.3.a Draft Ordinance No. 01 (2021)
2. 4.3.b Planning Commission Resolution No. 2021-07
3. 4.3.c Planning Commission Staff Report (attachments not included) Dated June
8, 2021
4. 4.3.d Planning Commission Meeting Minutes Dated June 8, 2021
5. 4.3.e Tracked Amendments to State ADU Law
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Ordinance No. 01 (2021)
1
ORDINANCE NO. 01 (2021)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT
GENERAL DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT
UPDATED REGULATIONS PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
WHEREAS, the California Legislature has long recognized accessory dwelling
units (“ADUs”) as a valuable affordable housing option for single -family neighborhoods,
and Government Code Sections 65852.150–65852.2 place certain limitations on the
authority of local governments to regulate ADUs; and
WHEREAS, on January 1, 2017, SB 1069 and AB 2299 took effect, amending
Government Code Sections 65852.150 and 65852.2, and enacting the most significant
changes to the ADU statutes since 2003. In May 2018, the City amended its Development
Code to ensure continued consistency with State law, and to enab le the City to regulate
ADUs to the extent allowable pursuant to the amended State law ; and
WHEREAS, in 2020 and 2021, SB 13, AB 881, AB 68(1), AB 587, AB 670, AB 671
and AB 3182 took effect, amending Government Code Sections 65852.2 and 65852.22,
65852.26 and 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and Safety
Code Section 17980.12. These new laws further reduce regulatory barriers and
streamline approval processes to facilitate the development of ADUs, and further limit the
authority of local agencies to regulate ADUs; and
WHEREAS, to retain local control over the limited scope of land use standards
that the latest round of ADU legislation allows public agencies to regulate, the City must
amend the Development Code to be consistent with the new State laws; and
WHEREAS, on June 8, 2021, the Planning Commission held a duly noticed public
hearing regarding proposed amendments to the Development Code pertaining to
accessory dwelling units and junior accessory dwelling units, Planning Case No. PL2020-
61, and adopted Resolution No. 202 1-07 recommending City Council approval of said
Development Code Amendments; and
WHEREAS, on July 6, 2021, the City Council held a duly noticed public hearing
regarding the proposed Municipal Code Amendment; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code
Section 21080.17 (CEQA does not apply to the adoption of an ordinance b y a city or
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Ordinance No. 01 (2021)
2
county to implement the provisions of Section 65852.2 of the Government Code) and
CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment)
and because the proposed Development Code Amendments pertain to the regulation of
activities that are themselves categorically exempt from CEQA pursuant to Sections
15301 and 15303 of the CEQA Guidelines; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2021-07, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
Section 1. Section 22.08.040 (Residential zoning district general development
standards) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby
amended to revise Table 2-4 to add a reference pertaining to accessory dwelling units
within the row entitled “Setbacks required” as follows (additions shown in
bold/underline):
TABLE 2-4
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
Development
Feature
RR RL RLM RM RMH RH RH-30
… … … … … … … …
Setbacks
required
Minimum setbacks
required for structures. See
section 22.16.090 for
setback measurement,
allowed projections into
setbacks, and exceptions
to setbacks. See section
22.22.080(b)(6) for setback
measurement in hillside
areas. See section
22.42.120 for minimum
setbacks required for
accessory dwelling units.
Minimum setbacks required for
structures. See section
22.16.090 for setback
measurement, allowed
projections into setbacks, and
exceptions to setbacks. See
section 22.42.120 for
minimum setbacks required
for accessory dwelling units.
… … … … … … … …
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Ordinance No. 01 (2021)
3
Section 2. 22.42.110 (Residential accessory uses and structures) of Title 22,
Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference
to accessory dwelling units and junior accessory dwelling units as follows (additions
shown in bold/underline):
Sec. 22.42.110. – Residential accessory uses and structures.
This section provides standards for specific residential accessory uses
and structures allowed in the zoning district applicable to a parcel (see
section 22.08.030, Residential zone land uses and permit requirements).
Residential accessory uses include any use that is customarily related to a
residence, including, but not limited to, garages, greenhouses, storage
sheds, studios, swimming pools/spas and workshops. The standards
applicable to accessory dwelling units and junior accessory dwelling
units are set forth in Section 22.42.120.
Section 3. Section 22.42.120 (Accessory dwelling units) of Title 22, Chapter 22.42
of the Diamond Bar Municipal Code is repealed in its entirety and replaced with new
Section 22.42.120 to read as follows:
Sec. 22.42.120. - Accessory dwelling units and junior accessory
dwelling units.
The purpose of this section is to provide for the creation of accessory
dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a
manner consistent with state law, in order to provide for additional housing
opportunities for development of low- and moderate-income housing for the
community in keeping with the Housing Element of the Diamond Bar
General Plan.
(1) Applicability. Except as otherwise provided by state law, the
standards and limitations set forth in this section apply to the
development of new ADUs and JADUs in the City.
(2) Interpretation. The provisions of this section shall be interpreted to
be consistent with the provisions of Government Code sections
65852.2 and 65855.22 and shall be applied in a manner that is
consistent with state law.
(3) Effect of Conforming. Consistent with state law, an ADU that
conforms to the provisions of this section (a) shall be deemed an
accessory use or an accessory building and shall not be considered
to exceed the allowable density for the lot upon which it is located;
(b) shall be deemed a residential use that is consistent with the
existing General Plan and zoning designation for the lot upon which
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Ordinance No. 01 (2021)
4
it is located; and (c) shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(4) Definitions. As used in this section, the following terms shall have
the following meanings:
a. The terms “accessory dwelling unit”, “accessory structure”,
“efficiency unit”, “living area”, “nonconforming zoning
condition”, “passageway”, “proposed dwelling”, “public transit”,
and “tandem parking” all have the same meaning as that stated
in Government Code section 65852.2 as that section may be
amended from time to time. The terms “accessory dwelling
unit” and “ADU” shall have the same meaning.
b. The term “junior accessory dwelling unit” shall have same
meaning as that stated in Government Code section
65852.22(h)(1) as that section may be amended from time to
time. The terms “junior accessory dwelling unit” and “JADU”
shall have the same meaning.
c. The term “attached ADU” means an ADU, other than a
converted ADU, that is physically attached to a primary dwelling
structure.
d. The term “detached ADU” means an ADU, other than a
converted ADU, that is physically separated from, but located
on the same lot as, a primary dwelling structure.
e. The term “converted ADU” means an ADU that is constructed
within all or a portion of the permitted existing interior space of
an accessory structure or within all or a portion of the permitted
existing interior space of a dwelling structure, including
bedrooms, attached garages, storage areas, or similar uses. A
converted ADU also includes an ADU that is constructed in the
same location and to the same dim ensions as a permitted
existing structure or portion of a permitted existing structure.
(5) Areas Allowed.
a. ADUs. ADUs conforming to the provisions in this section may
be located on any lot in the city that is zoned to allow single -
family or multifamily residential uses and that includes a
proposed or existing legally developed single-family dwelling,
duplex, or multifamily dwelling.
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5
b. JADU. JADUs conforming to the provisions in this section may
be located within a proposed or existing legally developed
single-family dwelling on any lot in the city that is zoned to allow
single-family residential uses.
(6) Number Allowed.
a. Single-Family Lots. No more than one ADU or JADU shall be
allowed on a lot developed or proposed to be developed with a
single-family dwelling; provided, however, that a single-family
lot may have both one JADU and either (i) one ADU located
within the proposed space of a single-family dwelling or within
the existing space of a single-family dwelling or accessory
structure, or (ii) one detached, new construction, ADU not
exceeding 800 square feet in total floor area.
b. Multifamily Lots. Multifamily lots may have either up to two
detached ADUs or multiple converted ADUs as follows:
i. No more than a total of two (2) detached ADUs may be
constructed on a lot developed or proposed to be
developed with one or more multifamily dwelling
structures.
ii. On lots with no detached ADUs, one (1) or more converted
ADUs may be constructed within portions of existing
multifamily dwelling structures that are not used as livable
space. No converted ADUs may be constructed within the
existing livable space of a multifamily structure. The
number of ADUs permitted under this subsection shall not
exceed twenty-five (25) percent of the existing multifamily
dwelling units on the lot. For the purpose of calculating the
number of allowable accessory dwelling units: (a)
previously approved ADUs shall not count towards the
existing number of multifamily dwelling units; and (b)
fractions shall be rounded down to the next lower number
of dwelling units, except that at least one (1) converted
ADU shall be allowed.
iii. Detached ADUs may not be combined on the same
multifamily lot with converted ADUs.
(7) ADU Standards and Criteria.
a. Development Standards. Except as modified by this
subsection or as otherwise provided by state law, an ADU
shall conform to the height, setback, landscaping, lot
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6
coverage, and other development standards applicable to
the lot on which it is located, as set forth in the
Development Code and/or in an applicable specific plan or
planned development ordinance or resolution.
Notwithstanding the foregoing, when the application of a
development standard related to floor area ratio, lot
coverage, open-space, or minimum lot size would prohibit
the construction of an attached or detached ADU of at
least 800 square feet, such standard shall be waived to the
extent necessary to allow construction of an ADU of up to
800 square feet.
b. Orientation to Primary Dwelling Structure. Except as
otherwise provided by state law, or where development of
a detached ADU on a single-family lot would otherwise be
infeasible, a new detached ADU shall be located no closer
to the street fronting the primary dwelling structure than
the primary dwelling structure itself.
c. Access. An attached or converted ADU shall maintain
independent exterior access from the proposed or existing
primary dwelling structure. Such access shall not be
located on the front of the primary dwelling structure or
face the street on which the primary dwelling fronts.
d. Passageway. No passageway shall be required in
conjunction with the construction of an ADU.
e. Setbacks.
i. Side and Rear Yard Setbacks. Minimum setbacks of
no less than four (4) feet from the side and rear lot
lines are required for new attached and detached
ADUs.
ii. Converted ADUs. No setbacks are required for
converted ADUs, provided the side and rear setbacks
of the existing converted structure are sufficient for
fire and safety, as dictated by current applicable
uniform building and fire codes.
f. Building Separation.
i. A minimum separation of six (6) feet is required
between a detached ADU and the primary dwelling
unit.
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ii. A minimum separation of six (6) feet is required
between an attached or detached ADU and all other
freestanding accessory structures, including
freestanding garages, on the property.
iii. Building separation requirements do not apply to
converted ADUs that do not include an expansion of
floor area of the existing structure.
g. Minimum ADU Size. An ADU shall have a minimum floor
area of at least 220 square feet.
h. Maximum ADU Size.
i. Attached ADUs: The total floor area of an attached
ADU shall not exceed the following:
1. Studio or one bedroom: 850 square feet or fifty
percent (50%) of the floor area of the primary
dwelling unit, whichever is less; provided,
however, that if the size of the primary dwelling
unit is less than 1,600 square feet, an attached
ADU may have a total floor area of up to 800
square feet.
2. Two or more bedrooms: 1,000 square feet or fifty
percent (50%) of the floor area of the primary
dwelling unit, whichever is less; provided,
however, that if the size of the primary dwelling
unit is less than 1,600 square feet, an attached
ADU may have a total floor area of up to 800
square feet.
ii. Detached ADUs: The total floor area of a detached
ADU shall not exceed the following:
1. Studio or one bedroom: 850 square feet.
2. Two or more bedrooms: 1,000 square feet.
3. Notwithstanding the foregoing, where a
detached ADU and a JADU are combined on the
same lot, the total floor area of the detached
ADU shall not exceed 800 square feet.
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iii. Converted ADUs: The maximum size limitations set
forth in this subsection do not apply to converted ADUs
that do not increase the existing floor area of a
structure. In addition, a converted ADU created within
an existing accessory structure may include an
expansion of not more than 150 square feet beyond the
physical dimensions as the existing accessory
structure to the extent necessary to accommodate
ingress and egress.
iv. Patios and Porches. An attached or detached ADU
may include an attached covered patio and/or porch,
which, if provided, shall be integrated into the design of
the ADU and shall not exceed 60 square feet in size.
Such a patio or porch shall not be considered in
calculating the floor area of the ADU for purposes of
the above maximum unit size limitations.
i. Height.
i. New attached and detached ADUs shall be one story,
constructed at ground level, and shall not exceed
sixteen (16) feet in height as measured from the
finished grade to the highest area of the roofline.
ii. Converted ADUs are not subject to a height limitation.
j. Exterior Design. An ADU shall match the architectural
style and design features of the primary residential
structure, including, but not limited to:
i. Exterior finishes: Materials, colors, surface
treatments and details;
ii. Roofing: Type, pitch and materials;
iii. Proportion and form; and
iv. Windows: Type, forms, and dimensional ratios.
k. Recreational Vehicles. Neither the primary residence nor
the proposed ADU shall be a recreational vehicle.
l. Off-Street Parking.
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i. One additional off-street parking space must be
provided for a new attached or detached ADU. This
parking space shall be accessible from the existing
driveway approach, and may be provided in setback
areas or as tandem parking on a driveway, unless
specific findings are made by the director that parking
in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or
fire and life safety concerns. An existing driveway may
be widened to accommodate the one off-street parking
space pursuant to section 22.30.080.
ii. Notwithstanding the foregoing, an additional off-street
parking space is not required to be provided in the
following instances:
1. If the ADU is located within one-half mile walking
distance of public transit.
2. If the ADU is located within a historic district.
3. If the ADU is part of the proposed or existing
primary residence or an accessory structure;
4. When on-street parking permits are required but
not offered to the occupant of the ADU.
5. When there is a car share vehicle located within
one block of the ADU.
6. If the ADU is a detached ADU that has a total
floor area of 800 square feet or less.
7. If the ADU is located on a lot developed or
proposed to be developed with one or more
multifamily dwelling structures.
iii. The parking space required for a new attached or
detached ADU is in addition to the parking spaces
required for the primary dwelling. However, when a
garage, carport, or covered parking structure is
demolished in conjunction with the construction of an
ADU or converted to an ADU, those off-street parking
spaces are not required to be replaced.
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m. Utility Service. Utilities serving an ADU (e.g., electricity,
gas, sewer, and water) shall be common to and dependent
on the primary residence. An ADU shall not be provided
with separate metered utilities, unless otherwise required
by applicable building, fire or electrical code provisions.
For any ADU using septic facilities allowed by the
California Regional Water Quality Control Board and the
city, written certification of acceptability and approval by
the local health officer shall be submitted.
n. Impact Fees. Construction of an ADU is subject to
applicable development impact fees adopted by the City
pursuant to California Government Code, Title 7, Division
1, Chapter 5 (commencing with § 66000) and Chapter 7
(commencing with § 66012). No impact fee is required for
an ADU that is less than 750 square feet in size. Any
impact fee that is required for an ADU that is 750 square
feet or more in size shall be charged proportionately in
relation to the square footage of the primary dwelling. For
purposes of this section, “impact fee” does not include any
planning application fee, plan check fee, or building permit
fee that is otherwise applicable.
(8) Standards and Criteria Applicable to JADUs.
a. Footprint. A JADU may only be constructed within the
walls of a proposed or existing single-family dwelling,
including an existing attached garage.
b. Unit Size. A JADU shall not exceed 500 square feet in size.
c. Separate Entrance. A JADU must include a separate
entrance from the main entrance of the proposed or
existing single-family residence in which it is located.
d. Kitchen Requirements. A JADU must include an efficiency
kitchen, including a cooking facility with hookups for
appliances, and a food preparation counter and storage
cabinets that are of reasonable size in relation to the size
of the JADU.
e. Bathroom Facilities. A JADU may include separate
sanitation facilities or may share sanitation facilities with
the proposed or existing single-family dwelling in which it
is located.
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f. Parking. No additional off-street parking is required for a
JADU beyond that required at the time the existing primary
dwelling was constructed. However, when an existing
attached garage is converted to a JADU, any required off-
street parking spaces for the primary dwelling that are
eliminated as a result of the conversion shall be replaced.
These replacement parking spaces may be located in any
configuration on the same lot, including, but not limited to,
as covered spaces, uncovered spaces, or tandem spaces.
g. Fire Protection. For purposes of any fire or life protection
ordinance or regulation, a JADU shall not be considered a
separate or new dwelling unit.
h. Utility Service. For purposes of providing service for water,
sewer, or power, including a connection fee, a JADU shall
not be considered a separate or new dwelling unit. A
JADU shall be served by the same water, sewer, and other
utility connections serving the primary single-family
dwelling in which it is located, and no separate utility
meters shall be permitted for a JADU.
(9) Other Requirements.
a. No Separate Conveyance. Except as otherwise provided
in Government Code section 65852.26 or by other
applicable law, an ADU or JADU may be rented separate
from the primary residence, but may not be owned, sold or
otherwise conveyed separate from the primary residence,
and a lot shall not be subdivided in any manner that would
authorize such separate sale, conveyance, or ownership.
b. No Short-Term Rental Permitted. An ADU or JADU may
be rented, although rental is not required. Any rental term
of an ADU or JADU that is legally created after June 1,
2017 shall be longer than 30 days.
c. Owner Occupancy.
i. ADUs. Owner-occupancy of a lot on which an ADU
is located is not required.
ii. JADUs. An owner of record of the single-family lot
upon which a JADU is located shall occupy either the
JADU or the remaining portion of the primary single -
family dwelling as his/her/their principal residence. In
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the event owner occupancy of the property ceases,
the JADU shall automatically become unhabitable
space, shall not be used as a separate dwelling unit,
and shall not be separately rented or leased for any
purpose.
d. Recorded Covenant. Prior to the issuance of a building
permit for an ADU or a JADU, the owner(s) of record of the
property shall provide to the director a copy of a covenant
agreement, declaration of restrictions, or similar deed
restriction recorded against the property, which is in a form
prepared by and/or acceptable to the director. The deed
restriction shall run with the land and shall bind all future
owners, heirs, successors, or assigns; shall contain
restrictions pertaining to ownership and conveyance,
rental, owner occupancy, and the size and attributes of the
ADU / JADU that conform to this section; and shall provide
that it may not be modified or terminated without the prior
written consent of the director.
(10) Permit Application and Review Procedures.
a. Building Permit Required. A building permit is required
prior to construction of an ADU or JADU. Except as
otherwise provided in this section or by state law, all
building, fire, and related code requirements applicable to
habitable dwellings apply to ADUs and JADUs. However,
fire sprinklers shall not be required if they are not required
for the primary dwelling.
b. Application. Prior to the issuance of a building permit for
an ADU or JADU, the applicant shall submit an application
on a form prepared by the City, along with all information
and materials prescribed by such form. No application
shall be accepted unless it is completed as prescribed and
is accompanied by payment for all applicable fees.
c. Review. The director shall consider and approve or
disapprove a complete application for an ADU or JADU
ministerially without discretionary review or public hearing
within sixty (60) days from the date the City receives a
complete application. Review is limited to whether the
proposed ADU or JADU complies with the requirements of
this section and/or state law, as applicable. If an applicant
requests a delay in processing the application, the time
period for the director to review of an application shall be
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tolled for the period of the requested delay. If the
application to create an ADU or a JADU is submitted with
an application to create a new single-family dwelling on the
lot, the director may delay acting on the application for the
ADU or the JADU until the City acts on the application to
create the new single-family dwelling, but the application
to create the ADU or JADU will still be considered
ministerially without discretionary review or a hearing.
d. Zoning Conformity. The City shall not require the
correction of nonconforming zoning conditions as a
condition of approval of a permit application for the
creation of an ADU or JADU.
e. Conformity with State Law. The City shall not apply any
requirement or development standard provided for in this
section to an ADU or a JADU to the extent prohibited by
any provision of state law, including, but not limited to,
subdivision (e)(1) of Government Code section 65852.2.
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more section,
subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid
or unconstitutional.
Section 5. Pursuant to Government Code §36937 this Ordinance shall take effect
30 days after adoption by the City Council. The City Clerk is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the Cit y of Diamond
Bar’s book of original ordinances; make a note of the passage and adoption in the records
of this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this ___ day of ______, 2021.
THE CITY OF DIAMOND BAR:
____________________________
Nancy A. Lyons, Mayor
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ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the 6th day of July, 2021, and was duly passed and adopted at a regular meeting
of the City Council of the City of Diamond Bar held on the ___ day of ____, 2021, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
____________________________
Kristina Santana, City Clerk
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: June 8, 2021
CASE/FILE NUMBER: Development Code Amendment Pertaining to
Accessory Dwelling Units and Junior Accessory
Dwelling Units - Planning Case No. PL2020-61
PROJECT LOCATION: Citywide
APPLICATION REQUEST:
APPLICANT:
STAFF RECOMMENDATION:
To amend the following sections of Title 22 of the
Diamond Bar Municipal Code (“Development
Code”) to comply with recently-enacted State
regulations pertaining to accessory dwelling units
and junior accessory dwelling units: 22.08.040,
22.42.110, and 22.42.120 (“Development Code
Amendment No. PL2020-61”).
City of Diamond Bar Community Development
Department
Adopt the attached Resolution recommending
the City Council approve Development Code
Amendment No. PL2020-61.
SUMMARY:
The proposed amendments to the Development Code are necessary to enable the City
to regulate accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) in a manner consistent with, and to the extent permissible under current State
law.
BACKGROUND:
An ADU is an attached or detached residential dwelling unit that provides complete
independent living facilities for one or more persons, and which is located on the same
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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parcel as the main residence. The unit typically includes permanent provisions for
living, sleeping, eating, cooking, and sanitation.
The California Legislature has long recognized ADUs as a valuable affordable housing
option for single-family neighborhoods, and State law (i.e., Government Code
sections 65852.150 – 65852.2) places certain limitations on the City’s authority to
regulate ADUs. Cities may not completely prohibit ADUs within their jurisdictions, but
State law has historically allowed cities to designate areas where ADUs are appropriate
and to impose reasonable parking, height, setback, lot coverage, size, and other
development standards on ADUs, so long as such requirements are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the abili ty of homeowners to
create ADUs in zones in which they are authorized. Since 2003, State law has also
required cities to approve ADUs ministerially (i.e., without a hearing).
In 2016, the State Legislature amended Government Code Sections 65852.150 and
65852.2, significantly revising the ADU laws, as set forth in Senate Bill (SB) 1069 and
Assembly Bill (AB) 2299. These laws took effect on January 1, 2017, and were
intended to address the State’s housing shortage by easing development restrictions
that cities and counties may place on ADUs. In May 2017, the City amended its
Development Code pertaining to ADUs to ensure continued consistency with State law,
and to enable the City to regulate ADUs to the extent allowable pursuant to the
amended State law.
At the end of 2019, the Legislature passed several bills (SB 13, AB 881, AB 68(1),
AB 587, AB 670 and AB 671), which placed additional limitations on local agencies’
authority to regulate ADUs. These new laws took effect on January 1, 2020, and are
codified under Government Code Sections 65852.2 and 65852.22. In 2020, the
legislature passed AB 3182 (effective January 1, 2021), which further reduces
regulatory barriers and streamlines approval processes to facilitate the development of
ADUs and JADUs. These bills are codified under Government Code Sections 65852.2,
65852.22, 65852.26, 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and
Safety Code Section 17980.12 (see Attachment B).
To retain local control over the limited scope of land use standards that the latest round
of ADU legislation allows public agencies to regulate, the City must amend the
Development Code to be consistent with the new State laws.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be ado pted.
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Summary of Changes to State ADU Laws
The most noteworthy statewide changes to ADU regulations include, but are not limited
to, the following:
• Jurisdictions can no longer require a minimum lot size for ADUs.
• ADUs may be developed on any lot that is zoned to allow single-family or multifamily
residential uses, provided that a single-family dwelling, duplex, or multifamily
dwelling legally exists or is proposed.
• Two types of ADUs must now be allowed: traditional detached or attached ADUs,
and “junior” ADUs (JADUs). JADUs are created by converting space within an
existing home into a separate living unit with a separate sleeping and kitchen
facilities. JADUs are limited to 500 square feet in size, and may either have a
separate bathroom or may share bathroom facilities with the main house.
• One ADU and one JADU (a total of 3 separate housing units, including the primary
unit) must be allowed on a residential lot, with limited exceptions.
• Jurisdictions may not require a side or rear yard setback that is greater than four feet
for ADUs.
• There are fewer opportunities to regulate the size of the ADU. The maximum size
must be at least 850 square feet for attached and detached studio and one -bedroom
ADUs, and at least 1,000 square feet for two or more bedrooms. In practice, an ADU
might be limited to less than these maximums because of other development
standards, such as lot coverage, may prevail. However, local agencies are
prohibited from imposing development standards that would not allow for an ADU of
up to 800 square feet.
• Owner-occupancy requirements are suspended for ADUs approved between
January 1, 2020, and January 1, 2025. For JADUs, the property owner must reside
in either the main unit or the JADU.
• When ADUs are created through the conversion of a garage, carport or covered
parking structure, replacement of off-street parking spaces cannot be required.
• ADU applications must now be acted upon within 60 days (instead of 120 days) of
receiving a complete application or they shall be deemed approved.
• ADUs or JADUs may be counted toward satisfying Regional Housing Needs
Allocation (RHNA) housing needs.
• Local agencies must submit their ADU ordinances to the California Department of
Housing and Community Development (HCD) within 60 days of adoption. HCD may
submit written findings to an agency as to whether the ordinance complies with State
law. If HCD finds that it does not, the agency is given 30 days to respond before
taking any other action. The agency shall consider HCD’s findings and may either
change the ordinance to comply, or make findings as to why the ordinance complies
despite HCD’s findings. If the agency’s response does not satisfy HCD, HCD can
notify the Attorney General that the agency is in violation of the law.
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• Homeowners associations are prevented from enforcing any CC&Rs or rules that
effectively prohibit or unreasonably restrict the construction or use of an ADU or
JADU.
Proposed Development Code Amendments
Section 22.08.040 (Table 2-4) (Residential zoning district general development
standards) – Note added in the residential development standard table to refer to
Section 22.42.120 for minimum setbacks required for ADUs.
Section 22.42.110 (Residential accessory uses and structures) – Since ADUs are
considered “accessory structures,” a note was added referring to Section 22.42.120 for
ADU and JADU standards.
Section 22.42.120 (Accessory dwelling units)
Repealed in its entirety and replaced with a new section to comply with current State
ADU regulations.
California Department of Housing and Community Development Review
As noted above, after the adoption of an ordinance, HCD reviews and submits written
findings to the local agency as to whether the ordinance complies with Government
Code Section 65852.2 (h)(1). HCD does provide the opportunity for local agencies to
submit a draft of the ordinance for review prior to adoption. Staff provided a copy of the
ordinance to HCD for review, and on April 19, 2021, received a tentative determination
that the ordinance conforms to HCD’s interpretation of State law.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Development Code Amendment is not
subject to the California Environmental Quality Act (“CEQA”) pursuant to Public
Resources Code Section 21080.17 (CEQA does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section 65852.2 of the
Government Code) and CEQA Guidelines Section 15061(b)(3) (it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment) and because the proposed Development Code Amendments
pertain to the regulation of activities that are themselves categorically exempt from
CEQA pursuant to Sections 15301 and 15303 of the CEQA Guidelines . Therefore, no
further environmental review is required.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
May 28, 2021, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
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notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution recommending
approval of Development Code Amendment (Planning Case No. PL2020-61) to the City
Council.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2021-XX (Recommending Approval
of Development Code Amendment)
B. Redline/strikeout version of amendments to State ADU law
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Attachment 1: Statutory Changes (Strikeout/Italics and Underline)
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
Combined changes from (AB 3182 Accessory Dwelling Units)
and (AB 881, AB 68 and SB 13 Accessory Dwelling Units)
(Changes noted in strikeout, underline/italics)
Effective January 1, 2021, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
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(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that a local agency may require that the property be used for rentals of terms longer than 30
days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
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(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be
for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
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(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department’s findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
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(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted in
underline/italic):
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
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(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
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accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an
applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for
rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an
accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local
agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
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more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a
single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
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Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department’s findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
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applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operative
on January 1, 2025.
Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,
underline/italics) (AB 3182 (Ting)):
4740.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits the rental or leasing of any of the
separate interests in that common interest development to a renter, lessee, or tenant unless that governing
document, or amendment thereto, was effective prior to the date the owner acquired title to his or
her their separate interest.
(b) Notwithstanding the provisions of this section, an owner of a separate interest in a common interest
development may expressly consent to be subject to a governing document or an amendment to a governing
document that prohibits the rental or leasing of any of the separate interests in the common interest development
to a renter, lessee, or tenant.
(c) (b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed
to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the
following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of
reassessment by the county tax assessor.
(2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section
1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure
Statement, as set forth in Section 1102.6.
(d) (c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall
provide the association verification of the date the owner acquired title to the separate interest and the name and
contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e) (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a
common interest development adopts or amends its governing documents.
(f) This section shall apply only to a provision in a governing document or a provision in an amendment to a
governing document that becomes effective on or after January 1, 2012.
Effective January 1, 2021 of the Section 4741 is added to the Civil Code, to read (AB 3182 (Ting)):
4741.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or
unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior
accessory dwelling units in that common interest development to a renter, lessee, or tenant.
(b) A common interest development shall not adopt or enforce a provision in a governing document or amendment
to a governing document that restricts the rental or lease of separate interests within a common interest to less
than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development
from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.
(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a
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governing document that prohibits transient or short-term rental of a separate property interest for a period of 30
days or less.
(d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed
as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate
interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the
owner.
(f) A common interest development shall comply with the prohibition on rental restrictions specified in this section
on and after January 1, 2021, regardless of whether the common interest development has revised their governing
documents to comply with this section. However, a common interest development shall amend their governing
documents to conform to the requirements of this section no later than December 31, 2021.
(g) A common interest development that willfully violates this section shall be liable to the applicant or other party
for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
(h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who
acquired title to their separate interest before the effective date of this section to rent or lease their property.
Effective January 1, 2020, Section 65852.22 of the Government Code is was amended to read (AB 68 (Ting)):
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing
single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to
the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of
the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of
a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building
standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing
single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with
a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on
the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the
local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
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(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and
county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related
to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially
approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in
subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained
entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
Effective January 1, 2020 Section 17980.12 is was added to the Health and Safety Code, immediately following
Section 17980.11, to read (SB 13 (Wieckowski)):
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit
described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard
pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay
in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020.
(B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as
described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an
application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the
basis that correcting the violation is not necessary to protect health and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines
that correcting the violation is not necessary to protect health and safety. In making this determination, the
enforcement agency shall consult with the entity responsible for enforcement of building standards and other
regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1,
2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for
the full term of the delay that was approved at the time of the initial approval of the application pursuant to
paragraph (3).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
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GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
AB 587 Accessory Dwelling Units
Effective January 1, 2020 Section 65852.26 is was added to the Government Code, immediately following Section
65852.25, to read (AB 587 (Friedman)):
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local
agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary
residence to a qualified buyer if all of the following apply:
(1) The property was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified
buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of
subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the
size of the dwelling each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the
property if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved
for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified
buyer.
(4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be
recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed
concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility
providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical
connection to that utility.
(b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section
50093 of the Health and Safety Code.
(2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the
Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation
Code for properties intended to be sold to low-income families who participate in a special no-interest loan
program.
CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 is was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument
affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,
that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or
junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of
Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or
junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that
do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability
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to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of
Section 65852.2 or 65852.22 of the Government Code.
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code is was added to read (sections of housing
element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income
households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory
dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Effective January 1, 2020, Section 50504.5 is was added to the Health and Safety Code, to read (AB 671
(Friedman)):
50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for
operating, administrative, and other expenses in connection with the planning, construction, and operation of an
accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income
households.
(b) The list shall be posted on the department’s internet website by December 31, 2020.
(c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of
subdivision (i) of Section 65852.2 of the Government Code.
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Agenda #: D.1
Meeting Date: July 6, 2021
TO: Honorable Chair and Members of the Public Financing Authority
FROM: Daniel Fox, City Manager
TITLE: PUBLIC FINANCING AUTHORITY MEETING MINUTES.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the June 1, 2021 meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND:
The minutes of the Public Financing Authority meeting on June 1, 2021 have been
prepared and are being presented for approval.
PREPARED BY:
D.1
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REVIEWED BY:
Attachments:
1. D.1.a Public Financing Authority Minutes for June 1, 2021
D.1
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CITY OF DIAMOND BAR
MINUTES OF THE PUBLIC FINANCING AUTHORITY
REGULAR MEETING
JUNE 1, 2021
Consistent with COVID-19 regulations, members of the public were encouraged to
participate and address the Authority during the public comment portion of the meeting
via teleconference. Authority Members and limited staff were physically present for the
meeting. Due to distancing requirements, public seating was very limited on a first-
come, first-serve basis.
1. CALL TO ORDER: Chair Chou called the meeting to order at 7:48
p.m.
2. ROLL CALL: Authority Members Liu, Low, Lyons, VC/Tye,
and Chair/Chou
Staff in Attendance: Dan Fox, City Manager;
Also Present: Captain Stephen Tousey, LA County Sheriff’s
Department.
Staff participating telephonically: Dave DeBerry, City Attorney; Ryan McLean,
Assistant City Manager; Anthony Santos, Assistant to the City Manager ; Ryan
Wright, Parks and Recreation Director; David Liu, Public Works Director; Hal
Ghafari, Public Works Manager/Assistant City Engineer; G reg Gubman,
Community Development Director; Brent Mason, Interim Director of Finance;
Amy Haug, Human Resources and Risk Manager; Ken Desforges, Director of
Information Services; Cecilia Arellano, Public Information Coordinator; Kristina
Santana, City Clerk
3. PUBLIC COMMENTS: None
4. CONSENT CALENDAR:
VC/Lyons moved, AM/Tye seconded, to approve the Consent Calendar as
presented. Motion carried by the following Roll Call vote:
AYES: AUTHORITY MEMBERS: Liu, Low, Lyons, VC/Tye, Chair/Chou
NOES: AUTHORITY MEMBERS: None
ABSENT: AUTHORITY MEMBERS: None
4.1 APPROVED PUBLIC FINANCING AUTHORITY MINUTES – Meeting of
May 18, 2021 – As submitted.
5. PUBLIC HEARINGS: None
6. AUTHORITY CONSIDERATION: None
7. AUTHORITY MEMBER COMMENTS: None
D.1.a
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JUNE 1, 2021 PAGE 2 PUBLIC FINANCE AUTHORITY
ADJOURNMENT: With no further business to conduct, Chair/Chou adjourned
the Public Financing Authority Regular Meeting at 7:50 p.m. back to the Regular City
Council meeting.
Respectfully submitted,
______________________________
Kristina Santana, Authority Secretary
The foregoing minutes are hereby approved this 15th day of June, 2021.
__________________________
Andrew Chou, Chair
D.1.a
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Agenda #: D.2
Meeting Date: July 6, 2021
TO: Honorable Chair and Members of the Public Financing Authority
FROM: Daniel Fox, City Manager
TITLE: ESTABLISHING REGULAR MEETINGS OF THE DIAMOND BAR
PUBLIC FINANCING AUTHORITY.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Adopt Resolution No. PFA 2021-05 amending the regular meeting schedule of the
Public Financing Authority.
FINANCIAL IMPACT:
None.
BACKGROUND/ANALYSIS:
Public Financing Authority Resolution No. 2021-01 established the regular meeting
schedule for the Authority to coincide with all regular City Council meetings. With the
completion of the Diamond Bar Center Bond Refunding process, the Authority may
return to annual meetings. Therefore, it is necessary to amend the current meeting
schedule. The attached Resolution would rescind the previous Resolution No. PFA
2021-01 and establish regular Public Financing Authority meetings to coincide with the
first regularly scheduled meeting of the City Council in December of each year. Special
meetings can always be called if there is a need to conduct Authority business at other
than a regularly scheduled meeting.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
D.2
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PREPARED BY:
REVIEWED BY:
Attachments:
1. D.2.a Resolution No. PFA 2021 -05; Meeting Dates
D.2
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1592949.1
RESOLUTION NO. PFA 2021-05
A RESOLUTION OF THE CITY OF DIAMOND BAR PUBLIC
FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES
The Board of Directors of the City of Diamond Bar Public Financing Authority does
hereby find, order and resolve as follows:
SECTION I. Recitals.
A. The City of Diamond Bar Public Financing Authority (the "Authority") is a
joint exercise of powers authority organized and existing under Article I and Article
4 of Chapter 5 of Division 7 of Title I of the Government Code of the State of
California (the "JPA Act") for the purpose of assisting its members and any related
agencies or subdivisions (the "City") in the financing or refinancing of particular projects;
B. Pursuant to Section 3.04(b) of the JPA Agreement, the Board of Directors
of the Authority may establish regular meeting dates of the Authority by resolution ;
C. Pursuant to Authority Resolution No. PFA 2021-01 adopted on April 6,
2021, the Authority previously established regular meetings dates to coincide with all
regular meeting dates of the City Council;
D. The Board of Directors desires to rescind the prior resolution and establish
regular meeting dates of the Authority to coincide with the first regularly scheduled
meeting of the City Council in December of each year; and
E. The Authority desires to adopt this resolution in accordance with the
provisions of Government Code Section 54954 to establish regular meeting dates.
SECTION 2. Regular Meeting Dates. Pursuant to Section 3.04(b) of the JPA
Agreement, from the date hereof, the regular meetings of the Authority shall be held
to coincide with the first regularly scheduled meeting of the City Council in December of
each year. In the event that the Secretary determines that there is no business of the
Authority to be conducted at a regular meeting, then the Chair, the Secretary and
other officers of the Authority are authorized to take whatever actions are required by
law to cancel such regularly scheduled meeting.
SECTION 3. Other Actions. The Chair, Vice Chair, Executive Director,
Treasurer, Secretary and other officers of the Authority are authorized and directed,
jointly and severally, to do any and all things which they may deem necessary or
advisable in order to effectuate the purposes of this Resolution, and such actions
previously taken by such officers are hereby ratified and confirmed.
SECTION 4. Effect. This Resolution shall take effect from and after its date of
adoption.
D.2.a
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PFA Resolution No. 2021-05
2
PASSED, APPROVED AND ADOPTED this 6th day of July, 2021.
________________________________
Andrew Chou, Chair
ATTEST:
I, Kristina Santana, Secretary of the Diamond Bar Public Financing Authority of
the City of Diamond Bar, California, do hereby certify that the foregoing Resolution
was duly and regularly passed and adopted by the Public Financing Authority of the
City of Diamond Bar, California, at its Regular Meeting held on the 6th day of July, 2021,
by the following vote:
AYES: AUTHORITY MEMBERS:
NOES: AUTHORITY MEMBERS:
ABSENT: AUTHORITY MEMBERS:
ABSTAIN: AUTHORITY MEMBERS:
________________________________
Kristina Santana, Authority Secretary
D.2.a
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1
Kristina Santana
From:Annie Verdries <averdries@gmail.com>
Sent:Monday, July 5, 2021 9:31 PM
To:Kristina Santana
Subject:FOR PUBLIC COMMENT
CAUTION: This message originated outside of our City of Diamond Bar network.
Dear council,
It appears that the City of Diamond bar is publicly supporting a private election in The Country. The mayor has put up official looking
signs in her yard and in others all over The Country. The signs read “Diamond Bar Mayor Nancy Lyons supports Lee Mao for DBCEA
Board”.
Nancy Lyons is using her public position, title, influence as mayor and the city’s goodwill for her private purpose and benefit. The
title Mayor is for city business and not for private use. She is using public property, her title and political standing for an improper
purpose and this is unethical and should not be condoned by the city and council.
Did she use public funds to pay for the signs? Is she expecting donations to her campaign fund in return?
This unauthorized shady endorsement in her official capacity for private use by Nancy Lyons should be stopped immediately by the
city. Based on the signs many residents now believe that the city is endorsing Lee Mao.
Any endorsement by her should be in her own name without any city
title. Anybody who uses her public title, influence and position to advance and promote her private interests does not deserve her
public title and should be stripped of it.
Public service is a public trust requiring public servants to place public service above private interests. Neither the mayor’s position
nor her title should not be used to give the appearance of governmental sanction.
The use of a governmental position and title for private use constitutes corruption. Please stop the mayor from her illegal and
abusive actions.
A copy of the sign is being submitted to you with this email.
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Kristina Santana
From:jeff@alchemytheatre.com
Sent:Tuesday, July 6, 2021 11:22 AM
To:Kristina Santana
Subject:FOR PUBLIC COMMENT
CAUTION: This message originated outside of our City of Diamond Bar network.
I would like to speak during the public comment section of the meeting this evening.
Good evening Mayor Lyons and council members, my name is Jeff Lowe. I was born and raised in
Diamond Bar, went to Neil Armstrong Elementary, Lorbeer Middle School, and Diamond Ranch High
School, having lived here until I went to get my degree in Directing from Cal State Fullerton. You might
remember me from about 2 years ago, requesting the assistance to build a theatre in Diamond Bar. Then
of course, Covid upended all our possible plans, but now that businesses are slowly beginning to open
again, it is still my personal belief that Diamond Bar is still the perfect home for us.
This is not a hands off demand for Diamond Bar to build, operate, and maintain a theatre; instead I run a
theatre company called Alchemy Theatre Company and we just don't have a home yet. My request is for
the city to assist in the funding for the theatre up until the point where the theatre is able to sustain itself,
which is of course the goal. I know we can reach that goal because of the business model I have created
which includes not just standard fare, but also a youth program, and opportunities for our local schools
and families.
I believe this is achievable because there is a real desire for a theatre in Diamond Bar. A 2017 Diamond
Bar General Plan Update Survey conducted by Dyett and Bhatia at the request of the city, concluded that
of those Diamond Bar residents polled, 70% wanted a downtown area. Of those participants who want a
downtown area, using multiple choice, 46% said they wanted a playhouse, which is second only to
restaurants. After playhouse, the next category is “events and programing for family” at 43%, which
theatre accomplishes with our youth theatre programs, and just below that is "arts and cultural activities"
at 42%, which theatre accomplishes by representing our community. In fact, I believe we should
represent our community by producing works that reflect the community, particularly our Asian American
residences. So, after restaurants, the three most popular items the city wants as polled by residents
themselves, all fit the mold of a theatre, with one of them being specifically a playhouse or movie theatre.
Further down you have "nightlife and evening entertainment" at 33% which again, theatre is a wonderful
development for because it provides nightlife without disturbing residences, a perfect compromise. We
also take up significantly less room than a movie theater while providing twice the entertainment value,
and exponentially more value to our community and its residence.
There have been spaces on Diamond Bar Boulevard that have been built in recent years and haven't had
anyone in them. It is quite a hit to morale to see empty storefronts on our titular street. With the city's
assistance, collaboration, and support, we can turn one of these empty spaces into a cultural hub for the
city, energizing every other storefront around it. As we are moving forward with consultant firms to
improve our city in a number of ways, I urge you to improve our city not just physically, but culturally as
well. This is an opportunity to improve our city in a way that creates arts, entertainment, and jobs for
people in our community. It is an opportunity for those who wish to donate or support the theatre to be
immortalized as a wing of the theatre, a name over the box office, their portrait in the lobby. I only
mention my theatre company because I want you to know I am bringing with me a team that is prepared
to put in the hard work to make this happen, but a theatre in our city of Diamond Bar is a testament to
the people of our city, and a legacy that can extend past us, not as something commercial or fleeting, but
as legacy for generations to come.
I am asking for the city's assistance directly. Not to advise me on visiting the city planner or clerk as a
private citizen, as the last time that occurred, I was told quote, "Diamond Bar doesn't want something like
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this, maybe try Pomona" and the assistance I received personally, led to nothing. Why should I go
elsewhere? This is my home, this is where I learned to love theatre, this is where I want to give back.
I would like to make a request that this body commit to the construction and/or financial assistance of a
playhouse in Diamond Bar as funded project, just like we would fund a new park or recreational facility for
a predetermined time period or until the theatre can sustain itself. I am willing to sit down for additional
meetings, willing to canvas for specific support, willing to provide detailed business models and designs,
willing to do anything, but none of this can happen without a city's support. This is my home, this is where
I learned to love theatre, this is where I want to give back.
Thank you for you time,
Jeff Lowe
Director/Actor
Founding Ensemble Member of Alchemy Theatre Company
www.alchemytheatre.com
(909) 896-0676