HomeMy WebLinkAbout2022.02.17 Agenda Packet - Special MeetingCity Council Agenda
Special Meeting
Thursday, February 17, 2022
5:00 PM
PUBLIC ADVISORY:
Consistent with State Assembly Bill 361, this meeting will be conducted telephonically and
Members of the City Council and staff will be participating via Teleconference. There will be no
physical meeting location for this meeting. Members of the public are encouraged to participate
and address the City Council during the public comment portion of the meeting via teleconference.
How to Observe the Meeting From Home:
The public can observe the meeting by calling +1 (562) 247-8422, Access Code: 121-789-055 OR visit:
https://attendee.gotowebinar.com/register/4653511861878951693.
How to Submit Public Comment:
The public may provide public comment by sending an email, or by logging into the teleconference.
Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on
the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Writt en comments
will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s
official agenda webpage as soon as reasonably practicable (found here:
http://diamondbarca.iqm2.com/Citizens/Default.aspx).
The public may log into the meeting through this link:
https://attendee.gotowebinar.com/register/4653511861878951693. Members of the public will be
called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five
minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-
7010 within 72 hours of the meeting. City Council video recordings with transcription will be available
upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
NANCY A. LYONS
Council Member
STAN LIU
Council Member
STEVE TYE
Council Member
RUTH M. LOW
Mayor
ANDREW CHOU
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are
broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited
to attend and participate. Copies of staff reports or other written documentation relating to agenda
items are on file and available for public inspection by contacting the Office of the City Clerk. If
requested, the agenda will be made available in an alternative format to a person with disability as
required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions
regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business
hours.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the
time the item is taken up by the Council. In addition, members of the public may, during the Public
Comment period address the Council on any Consent Calendar item or any matter not on the
agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City
Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The
Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant consideration.
Speakers may address the Council only once on an agenda item, except during public hearings,
when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of
the meeting may result in the speaker being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City
Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT
9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR
LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/4653511861878951693 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
SPECIAL MEETING
February 17, 2022
CALL TO ORDER: 5:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem Chou,
Mayor Low
APPROVAL OF AGENDA: Mayor
1. PUBLIC COMMENTS:
This public comment period is for items listed on the Special Meeting Agenda
ONLY. There is a five-minute maximum time limit when addressing the City
Council.
2. COUNCIL CONSIDERATION:
2.1 INTENT OF THE CITY OF DIAMOND BAR TO TRANSITION FROM AT-
LARGE TO BY-DISTRICT ELECTIONS PURSUANT TO CALIFORNIA
ELECTIONS CODE SECTION 10010(E)(3)(A).
Recommended Action:
Adopt Resolution No. 2022-10 Stating the City's intent to transition from
At-Large to By-District Elections pursuant to California Elections Code
Section 10010(e)(3)(A).
Requested by: City Manager
FEBRUARY 17, 2022 PAGE 2
2.2 CONSULTING SERVICES AGREEMENT WITH REDISTRICTING
PARTNERS, INC.
Recommended Action:
A. Appropriate One Hundred Thousand Dollars ($100,000) from the
General Fund reserve to City Manager Professional Services; and
B. Approve and authorize the Mayor to sign the Consulting Services
Agreement with Redistricting Partners, Inc.
Requested by: City Manager
3. ADJOURNMENT:
Agenda #: 2.1
Meeting Date: February 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: INTENT OF THE CITY OF DIAMOND BAR TO TRANSITION FROM AT-
LARGE TO BY-DISTRICT ELECTIONS PURSUANT TO CALIFORNIA
ELECTIONS CODE SECTION 10010(E)(3)(A).
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Adopt Resolution No. 2022-10 Stating the City's intent to transition from At-Large to By-
District Elections pursuant to California Elections Code Section 10010(e)(3)(A).
FINANCIAL IMPACT:
If the City adopts the resolution and completes the transition to district-based elections
within the state-established timeline, potential plaintiff’s attorneys’ fees will be capped at
$30,000. There will be additional costs to engage the City Attorney’s Office, special
consultants, and public engagement.
BACKGROUND:
Since incorporation in 1989, registered voters in Diamond Bar have elected City Council
members using an “at-large” system in which all members are elected by all registered
voters to provide city-wide representation. In 2001, the state legislature approved the
California Voting Rights Act (CVRA), modifying burden of proof requirements contained
in the federal Voting Rights Act of 1965 to make it easier for plaintiffs to challenge at-
large voting systems. The CVRA prohibits an agency from using at-large elections if it
impairs the ability of a protected class, as defined, to elect candidates of its choice or
otherwise influence the outcome of an election. The CVRA includes the imposition of
district-based elections by a court as a remedy to violations of the Act, and requires the
government agency to pay all legal and court fees should the plaintiff prevail in court.
In a letter received January 13, 2022, Mr. Kevin Shenkman, counsel representing the
Southwest Voter Registration Education Project (SVREP), alleges that the City’s at-
2.1
Packet Pg. 5
large elections system violates the CVRA because it results in racially polarized voting
that dilutes the impact of Latino voters. The letter demands that Diamond Bar voluntarily
change its at-large system for electing City Council members to a district-based system
to avoid litigation.
Mr. Shenkman has sent similar demand letters to cities, school districts and special
districts across the state and has successfully sued governmental agencies under
similar allegations. The majority of agencies receiving the letter have avoided litigation
by voluntarily transitioning from at-large to district-based elections citing the cost of legal
defense and potential liability for significant attorney’s fees and settlement costs if the
City’s legal defense is unsuccessful.
Prior to the enactment of the CVRA, whether racially polarized voting existed was
determined under the Federal Voting Rights Act. Very few lawsuits challenging at-large
voting systems in California were successful under the Federal Voting Rights Act. As a
result, the State Legislature enacted the CVRA, which has established such a low
threshold for racially polarized voting to be found, that no jurisdiction of which we are
aware has ever successfully argued it did not have racially polarized voting. Prior to the
CVRA and in the absence of a court order, a city could not switch from an at-large
system to a district-based election system without the approval of the City's voters.
Recent legal challenges to cities under the CVRA has essentially taken away the voters
right to determine which system is best for their own particular community and may
ultimately bring an end to at-large election systems.
ANALYSIS:
Elections Code section 14026(e) provides that “racially polarized voting” exists when
there is a difference in how members of a protected class vote versus members not
within the protected class. Federal protected classes include members of the same
race, color, national origin, religion, sex/gender, age (over 40), and disability.
It is important to note what a finding of racially polarized does not mean. It does not
mean voters of any particular jurisdiction or race are racists, nor does it mean that racial
groups, whatever their ethnicity, are not getting candidates of their choice elected. It
does not even necessarily mean that members of a particular race are voting in larger
numbers for people of their own race. At its core, the CVRA simply means there is a
tendency, based on statistical analysis and assumptions of ethnicity, not on actual
knowledge of how each person voted, that racial groups vote for candidates and on
issues differently. While having candidates of diverse ethnic backgrounds elected to
the city council is a factor under the Federal Voting Rights Act, it is less so under the
CVRA. Diamond Bar has a history of electing council members of diverse ethnicities.
Carol Herrera, a Latino, was the longest serving council member in Diamond Bar's
history, serving 24 years and 6 terms as Mayor before retiring in 2019. According to the
Consultant's report, the current makeup of the City Council is three Asians and two
Caucasians.
To determine if racially polarized voting exists in Diamond Bar, the City engaged the
2.1
Packet Pg. 6
services of professional demographers at Redistricting Partners. Using 2020 Census
data, American Community Survey data, the California Voter File, and general election
results to determine voting patterns by protected classes consistent with the process
established in Elections Code section 14028(b) and the United States Supreme Court
decision in Thornburg v. Gingles (1986). Redistricting Partners’ analysis primarily used
Regression/Trend Line Analysis and Ecological Inference to make reliable inferences
about voting behavior. The analysis found that:
• In the 2018 statewide elections for Governor, Attorney General, and US House of
Representatives, there was evidence of “polarized voting occurring for at least
one substantially large protected class in Diamond Bar”.
• In the 2018 and 2020 City Council elections, the analysis determined “with a high
degree of confidence that there is racial polarization occurring at the local level”,
finding a strong correlation between a voter’s race/ethnicity and their support for
or opposition to a candidate. The analysis finds that bloc voting against Asian
candidates is evident among white and Latino voters, while Asian voters strongly
support Asian candidates over others. In 2020, candidates who were elected
were supported by Asian and white voters, but saw very little support from Latino
voters.
• Diamond Bar has a Citizen Voting Age Population (CVAP)of 38,179. Analysts
were able to create two maps with four of five districts composed of over 50%
Asian CVAP, triggering Section 2 compliance under the federal Voting Rights
Act. This demonstrates “that a federally protected class under the VRA could
potentially have their voting power diluted if they were districted in a way that
would separate them”.
• Racially polarized voting “may not happen in every election cycle, but the
evidence that it can and does suggests that the ability of Asians and Latinos to
elect their favored candidates may be impaired”.
• The analysis concludes that “Asian and Latino voters could have a greater ability
to influence the outcome of an election with districted elections, which is the
standard under the Voting Rights Act”.
In 2016, the legislature amended Elections Code section 10010 to create a limited “safe
harbor” timeline for agencies to transition from at-large to district elections. The
amendment prevents a CVRA lawsuit from being filed if the agency adopts a Resolution
of Intent to transition to district-based elections within 45 days of receiving a letter from
a potential plaintiff. The agency then has 90 days to complete legal proceedings to
make the transition. If all required actions are completed within the timeline, the
agency’s potential liability for plaintiff’s attorney’s fees is capped at $30,000.
To transition to a district-based system, the City Council must adopt an ordinance
requiring City Council members to be elected by district or by district with an elected
mayor pursuant to Government Code section 34886. Per Government Code section
34886, the ordinance does not need to be submitted to the voters for approval, but must
2.1
Packet Pg. 7
include a declaration that the change in election procedures is being made to further the
purposes of the CVRA. Prior to the adoption of the ordinance, the City Council must
establish district boundaries and determine which of the new districts will be subject to
the first district elections. To do so, a minimum of five public hearings must be
scheduled, as follows (see Exhibit A to the attached Resolution for a complete proposed
timeline):
• A minimum of two public hearings at which the public can provide input on district
boundaries before draft district maps are prepared.
• A minimum of two public hearings to consider draft district maps.
• A public hearing to adopt the district map and establish the sequence of
elections.
In addition to the preferences expressed by residents of the districts, the process must
include consideration of natural geographic boundaries, communities of interest, and
the “one person, one vote” standard, which requires all districts to be as nearly equal in
population as possible. Federal case law prohibits districts from being drawn with race
as a predominate factor.
If the City Council does not adopt the Resolution of Intent on or before February 27,
2022, the City may be required to defend a CVRA lawsuit, incur legal costs, and
assume the liability for plaintiff’s attorney’s fees and costs that could reach into the
millions of dollars. To date, there is no established CVRA case law in which a public
agency defendant has successfully prevailed on the merits. The cost to defend and/or
settle CVRA lawsuits has proven to be significant, with examples including:
• City of Santa Clara - $5.2 million
• City of Palmdale - $4.7 million
• City of Modesto - $3 million
• City of Highland - $1.3 million
• City of Anaheim - $1.1 million
• City of Whittier - $1 million
• City of Santa Barbara - $600,000
The City of Santa Monica has already spent at least $8 million to date on its own legal
fees after losing at the trial court but prevailing on appeal. The California Supreme Court
has granted review, which is expected to be heard later this year. The plaintiffs
requested $22 million in legal fees and litigation costs in connection with the trial court
decision, so Santa Monica’s all-in costs to challenge their CVRA litigation could reach
$30 million if ultimately unsuccessful.
In addition to having to pay the successful plaintiff’s attorney fees and costs, a court
may order the City to implement by-district elections. The judge would supervise the
City’s transition to districts and will have the final decision as to where the district lines
are drawn and the sequence of elections.
2.1
Packet Pg. 8
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 2.1.a Resolution No. 2022-10
2.1
Packet Pg. 9
RESOLUTION NO. 2022-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, STATING THE CITY’S INTENT TO TRANSITION
FROM AT-LARGE TO BY-DISTRICT ELECTIONS PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10010(e)(3)(A)
WHEREAS, members of the City Council of the City of Diamond Bar (“City”) are
currently elected in at-large elections, in which each Councilmember is elected by all
registered voters of the entire City; and
WHEREAS, Government Code Section 34886 authorizes the City Council to adopt
an ordinance to change its method of election from an at-large system to a district-based
system, in which each Councilmember is elected only by the voters in the district in which
the candidate resides; and
WHEREAS, on January 13, 2022 the City received a letter from Kevin Shenkman,
attorney for the Southwest Voter Registration Education Project (SVERP), asserting that
the City’s at-large election system violates the California Voting Rights Act (“CVRA”) and
threatening litigation if the City declines to voluntarily change to a district-based election
system for electing Councilmembers; and
WHEREAS, while Mr. Shenkman’s letter did not include any evidence to support the
claim that the CVRA was violated by the City’s use of an at-large election system, the City
Council has concluded that it is in the public interest to begin the process of transitioning
from at-large to district-based elections due to the uncertainty of litigation to defend against
a CVRA lawsuit and the potentially extraordinary cost of such a lawsuit, even if the City
were to prevail.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. That the above recitals are true and correct.
Section 2. That the City Council of the City of Diamond Bar intends to consider
an ordinance to change to a district-based election system for use in the November 2022
General Municipal Election for City Council Members.
Section 3. That the City Council hereby outlines its intention to transition from at-
large to district-based elections, the specific steps it will undertake to facilitate this
transition, and an estimated time frame for doing so.
Section 4. That City staff shall work with a demographer to provide a detailed
analysis of the City’s current demographics and any other information or data necessary to
prepare a draft map that divides the City into voting districts in a manner consistent with
the intent and purpose of the CVRA and the Federal Voting Rights Act.
2.1.a
Packet Pg. 10
Resolution No. 2022-10
2
Section 5. The City Council hereby approves the tentative timeline as set forth in
Exhibit “A”, attached to and made a part of this Resolution, for conducting a public process
to solicit public input and testimony on proposed district-based electoral maps before
adopting any such map.
Section 6. That the timelines contained in Exhibit “A” may be adjusted by the City
Manager as deemed necessary, provided that such adjustments shall not prevent the City
from complying with the time frames specified by Elections Code Section 10010, and/or as
the same time frames may be modified by agreement approved pursuant to California
Elections Code section 10010(e)(3)(C)(i).
Section 7. The City Clerk shall attest and certify to the passage and adoption of
this Resolution and enter it into the book of original resolutions, and it shall become effective
immediately upon its approval.
PASSED, APPROVED and ADOPTED this 17th day of February, 2022.
THE CITY OF DIAMOND BAR
________________________
Ruth M. Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly and regularly passed, approved and adopted by the City
Council of the City of Diamond Bar, California, at its special meeting held on the 17th day
of February, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
2.1.a
Packet Pg. 11
Resolution No. 2022-10
3
Exhibit A
TENTATIVE TIMELINE: CONSIDERATION AND IMPLEMENTATION OF
DISTRICT-BASED ELECTION METHOD
DATE EVENT COMMENT
February 17, 2022 City Council adopts Resolution
declaring its intention to
transition from at-large to
district-based elections
CVRA action cannot be
commenced for 90 days
(Deadline: May 18, 2022)
February-March Public Outreach regarding
process and to encourage public
participation
March 1, 2022 1st Public Hearing City Council hearing regarding
composition of districts; no maps
yet.
March 15, 2022 2nd Public Hearing
Must be conducted no more
than 30 days from the 1st public
hearing date
City Council hearing regarding
composition of districts; no maps
yet.
No Later Than
March 29, 2022
Post draft maps and potential
sequence of elections
Draft maps and proposed
sequence of elections must be
posted publicly at least 7 days
before 3rd Public Hearing.
April 5, 2022 3rd Public Hearing City Council hearing regarding
composition of districts.
No Later Than April
12, 2022
Post any new or amended maps
and potential sequence of
elections.
Draft maps and proposed
sequence must be posted publicly
at least 7 days before 3rd Public
Hearing.
April 19, 2022 4th Public Hearing – Select map,
City Council introduces
ordinance establishing district
elections, including district
boundaries and election
sequence. First Reading of
ordinance.
May 3, 2022 5th Public Hearing – adoption of
ordinance establishing district
elections
Day 90 – May 18, 2022
June 2, 2022 Effective date of ordinance
establishing district elections
July 18, 2022-
August 12, 2022
Candidate filing period
2.1.a
Packet Pg. 12
Agenda #: 2.2
Meeting Date: February 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH REDISTRICTING
PARTNERS, INC.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
A. Appropriate One Hundred Thousand Dollars ($100,000) from the General Fund
reserve to City Manager Professional Services; and
B. Approve and authorize the Mayor to sign the Consulting Services Agreement
with Redistricting Partners, Inc.
FINANCIAL IMPACT:
Sufficient funds do not currently exist in the Fiscal Year 2021-22 budget. It is
recommended that funds be appropriated from the General Fund reserve. Upon
appropriation, the total not-to-exceed amount of the Agreement for Fiscal Year 2021-22
would be One Hundred Thousand Dollars ($100,000).
BACKGROUND:
On January 13, 2022, the City received a letter from Mr. Kevin Shenkman, counsel
representing the Southwest Voter Registration Education Project (SVREP), alleging that
the City’s at-large elections system violates the California Voting Rights Act (CVRA).
The letter demands that Diamond Bar voluntarily change its at-large system for electing
City Council members to a district-based system to avoid litigation.
At the February 17, 2022 special meeting, the City Council will consider adopting a
Resolution, declaring its intent to transition from at-large to district-based City Council
elections under the safe harbor provisions of Elections Code section 10010. If the
resolution is adopted, the Council will begin a defined process to implement district-
based elections, which requires a series of public hearings to collect public input and
prepare district maps and the adoption of an ordinance to formalize the transition. The
2.2
Packet Pg. 13
process must be completed no later than May 18, 2022.
ANALYSIS:
To assist with the transition to district-based elections, the City solicited proposals from
experienced demographers. The City received proposals from two qualified firms,
including Redistricting Partners, Inc. (RP) and Lapkoff & Gobalet Demographic
Researchers, Inc. (LGDR), both of which have significant experience in the districting
process for California public agencies. Both firms submitted base proposals to provide
demographic analysis, map development, facilitation of five City Council public
hearings, and assistance with the administration of the process, as follows:
Redistricting Partners Lapkoff & Gobalet
Base Bid $47,000 $45,000
Meeting Charges $500-$3,500 per meeting
In addition to general districting services, the proposal submitted by Redistricting
Partners includes robust communications and engagement options that include
development of print and digital outreach materials, translation services, and facilitation
of additional interactive public workshops to educate the public and encourage
participation in the process. Because these services will be necessary to complete an
open and transparent process within the 90-day timeline established in the Elections
Code, staff finds the Redistricting Partners proposal to be the most responsive to the
City’s needs.
Staff recommends the City Council approve a contract with Redistricting Partners for
base districting services plus the options included in the chart below. The use of each
option is subject to written approval by the City’s Project Manager prior to
commencement.
Redistricting Partners
Service Notes Cost
General Districting Services Mapping, demography, public
hearings, coordination with
County Registrar.
$47,000
Communications Public outreach materials,
translation services,
gathering of public
input/testimony.
$25,000
Public Meetings Up to five additional
interactive public meetings.
$15,000
Project Meetings As-needed. $5,000
District Mapping Software Online mapping software for
use by Council and the public
in creating district map
options.
$8,000
Total $100,000
LEGAL REVIEW:
2.2
Packet Pg. 14
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 2.2.a Consulting Services Agreement with Redistricting Partners, Inc.
2.2
Packet Pg. 15
1 Professional Services – Redistricting Partners
1662400.1
CONSULTANT SERVICES AGREEMENT
[Non-Design Professionals]
THIS AGREEMENT (the "Agreement") is made as of February 17, 2022 by and
between the City of Diamond Bar, a municipal corporation ("City") and Redistricting
Partners ("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 districting and public engagement
services set forth in the attached Exhibit "A", which is incorporated herein by this
reference. It is understood and agreed that the actual services required of Consultant
may be less than the services set forth in Exhibit “A” and that Consultant shall not
perform the “Additional Redistricting Services” described on the last page of Exhibit “A”
unless requested to do so in writing by the City’s Project Manager. 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 February 17,
2022, and shall continue until completion ("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. Total payment to Consultant pursuant to this
Agreement shall not exceed One Hundred Thousand Dollars ($100,000) 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.
2.2.a
Packet Pg. 16
2 Professional Services – Redistricting Partners
1662400.1
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, but may withhold 30% of any
invoice until all work is completed, which sum shall be paid within 35 days of completion
of the work and receipt of all deliverables.
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,
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.
2.2.a
Packet Pg. 17
3 Professional Services – Redistricting Partners
1662400.1
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
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.
2.2.a
Packet Pg. 18
4 Professional Services – Redistricting Partners
1662400.1
(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
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
2.2.a
Packet Pg. 19
5 Professional Services – Redistricting Partners
1662400.1
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 may be asked to provide input on the City’s
legal exposure as it relates to work being performed by Consultant and with respect to
such communications Consultant shall keep them confidential and not disclose such
communications unless directed to do so by the City’s City Attorney or as otherwise
required by law. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Consultant covenants that all
data, documents, discussion, or other information developed or received by Consultant
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon
the termination of this Agreement. Consultant's covenant under this section shall
survive the termination of this Agreement. Notwithstanding the foregoing, to the extent
Consultant prepares reports of a proprietary nature specifically for and in connection
with certain projects, the City shall not, except with Consultant's prior written consent,
use the same for other unrelated projects.
2.2.a
Packet Pg. 20
6 Professional Services – Redistricting Partners
1662400.1
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
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
2.2.a
Packet Pg. 21
7 Professional Services – Redistricting Partners
1662400.1
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. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work to completion.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Reserved.
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
2.2.a
Packet Pg. 22
8 Professional Services – Redistricting Partners
1662400.1
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 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.
“REDISTRICTING PARTNERS, INC.” “CITY”
Redistricting Partners, Inc. City of Diamond Bar
730 Howe Ave., Ste 425 21810 Copley Drive
Sacramento, CA 95825 Diamond Bar, CA 91765-4178
Attn.: Kimi Shigetani Attn.: Ryan McLean, Asst. City Mgr.
Phone: 916-612-8686 Phone: 909-839-7016
E-Mail: kimi@redistrctingpartners.com 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.
2.2.a
Packet Pg. 23
9 Professional Services – Redistricting Partners
1662400.1
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
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Consultant" "City"
Redistricting Partners, Inc. CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Paul Mitchell Ruth Low, Mayor
Title: Owner, Redistricting Partners, Inc.
ATTEST:
Kristina Santana, City Clerk
Approved as to form:
By:____
David DeBerry, City Attorney
2.2.a
Packet Pg. 24
1
Kristina Santana
From:Andrew Wong <andrew.wong1@gmail.com>
Sent:Thursday, February 17, 2022 3:59 PM
To:Kristina Santana
Subject:Public Comment - City Special Meeting 2/17 tonight
CAUTION: This message originated outside of our City of Diamond Bar network.
Hello Ms. Kristina - please see below.
Thanks,
Andrew
******************************************
Honorable Mayor, Honorable City Council, and Honorable City Management:
With regards to the transitioning from At-Large to By-District elections, I’m deeply concerned that the redistricting
would not be fairly administered and will not accurately represent all constituents within the City in an equitable
manner.
I’m deeply concerned about this significant move in electing city council officials, as there is a lack of clarity with how t he
Consultant’s report arrive to such a conclusion; references and evidence that support such an assertion. With that said, I
am respectfully requesting that the Consultant’s report be made available to the public for review. In an effort of
maintaining transparency, this would create a better understanding for the general public.
I’m also concerned that the two public hearings for public input on district boundaries and two public hearings on draft
district maps is sufficient in making a careful decision that serves in the best interest of all constituencies.
My recommendation is that a 10-person Ad Hoc Commission be appointed (2 per councilmember) to serve as an ad hoc
advisory board that is independent from City Management and City Council. In addition to City Council and City
Management, these appointed individuals will be responsible in providing an additional voice and some authority with
the involvement and understanding to how the re-districting will take place. To ensure fairness, a plurality of different
races/gender/location of residence should be considered.
I firmly believe that the more people involved, we will have a greater buy-in on this critical change to how city
councilmembers are to be re-elected and elected.
2
I recognize that costs can have a bearing on this matter as with the examples of lawsuits with other cities cited. But
ensuring fair elections and adequate representation is much more important than cost savings. The faith and trust of the
people of Diamond Bar is much more intangibly valuable than saving money.
Leaning on City Council and Consultants alone on this critical matter gives the appearance of insufficient informed
decisioning. More stakeholders need to be involved on this critical matter. A vote (although more expensive) by the
residents of Diamond Bar in determining would be much more ideal.
Thank you for leadership, service, time, and consideration.
Warm regards,
Andrew Wong
1
Kristina Santana
From:Ybanez_Sandra <Ybanez_Sandra@lacoe.edu>
Sent:Wednesday, February 16, 2022 5:56 PM
To:Kristina Santana
Subject:Public Comment
Follow Up Flag:Follow up
Flag Status:Completed
CAUTION: This message originated outside of our City of Diamond Bar network.
View this in your browser
I am not in agreement with the adoption of a resolution stating the City's intent to
transition from at-large to by-district elections pursuant to California's Elections Code
Section 10010(e)(3)(A).
Sandra Ybanez