HomeMy WebLinkAbout2023.07.18 Agenda Packet - Regular MeetingCity Council Agenda
Tuesday, July 18, 2023
Study Session 5:30 PM
Regular Meeting 6:30 PM
South Coast Air Quality Management District/Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
How to Observe the Meeting From Home:
The public can observe the meeting by calling +1 (415) 655-0060, Access Code: 586-697-391 OR visit:
https://attendee.gotowebinar.com/register/7125488890347114586.
How to Submit Public Comment:
The public may provide public comment by attending the meeting in person, by sending an email, or by
logging into the teleconference. Please send email public comments to the City Clerk at
cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line
“FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the
record at the meeting and posted on the City’s official agenda webpage as soon as reas onably
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/7125488890347114586. 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.
JULY 18, 2023 PAGE 2
RUTH M. LOW
Council Member
CHIA TENG
Council Member
STEVE TYE
Council Member
ANDREW CHOU
Mayor
STAN LIU
Mayor Pro Tem
City Manager Dan Fox • City Attorney Omar Sandoval • 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. A person who disrupts the orderly conduct of
the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is
disrupting the meeting, may result in the person 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 (on Spectrum Cable Channel 3 and Frontier
FiOS television Channel 47) and on the City’s website at www.diamondbarca.gov/agendas. 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/agendas
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/7125488890347114586 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
July 18, 2023
STUDY SESSION 5:30 p.m.
CC-08
Automatic License Plate Readers
(ALPRs)
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Sam Bang, Co-Pastor of Northminster
Presbyterian Church
ROLL CALL: Low, Teng, Tye, Mayor Pro Tem Liu,
Mayor Chou
APPROVAL OF AGENDA: Mayor
JULY 18, 2023 PAGE 2
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
“Public Comments” is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five-minute
maximum time limit when addressing the City Council. At this time, the
teleconference moderator will ask callers one at a time to give their name and if
there is an agenda item number they wish to speak on before providing their
comment.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Free Catalytic Converter Etching – July 19, 2023, 9:00 - 11:00 a.m.
Calvary Chapel Golden Springs, 22324 Golden Springs Dr.
4.2 Healthy DB – Family Kickball at Concerts – July 19, 2023, 6:00 - 7:30
p.m. Summitridge Park.
4.3 Concerts in the Park – Kelly Boyz Band – July 19, 2023, 6:30 – 8:00
p.m. Summitridge Park.
4.4 Movies Under the Stars – Minions: The Rise of Gru – July 19, 2023,
6:30 – 8:00 p.m. Summitridge Park.
4.5 Planning Commission Meeting – July 25, 2023 – 6:30 p.m. online
teleconference and Windmill Room, 21810 Copley Dr.
4.6 Coffee with a Cop – July 25, 2023, 5:30 – 7:30 p.m Starbucks (Super
H Mart Plaza), 2837 S. Diamond Bar Blvd.
4.7 Concerts in the Park – City Beat and the Main Street Horns – July 26,
2023, 6:30 – 8:00 p.m. Summitridge Park.
4.8 Movies Under the Stars – Paws of Fury: The Legend of Hank – July
26, 2023, 6:30 – 8:00 p.m. Summitridge Park.
4.9 Parks and Recreation Commission Meeting – July 27, 2023 – 6:30
p.m. online teleconference and Windmill Room, 21810 Copley Dr.
4.10 City Council Meeting – August 1, 2023, 6:30 p.m. online
JULY 18, 2023 PAGE 3
teleconference and SCAQMD Main Auditorium, 21865 Copley Dr.
5. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
5.1 CITY COUNCIL MINUTES OF THE JUNE 20, 2023 REGULAR
MEETING.
5.1.a June 20, 2023 Regular City Council Minutes
Recommended Action:
Approve the June 20, 2023 Regular City Council meeting minutes.
Requested by: City Clerk
5.2 RATIFICATION OF CHECK REGISTER DATED JUNE 14, 2023
THROUGH JULY 11, 2023 TOTALING $2,841,694.99.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 PURCHASE ORDER WITH DIRECT CONNECTION FOR PRINTING
AND MAILING SERVICES FOR THE CITY NEWSLETTER AND
RECREATION BROCHURE THROUGH JUNE 30, 2024.
Recommended Action:
Approve, and authorize the City Manager to sign, a Purchase Order with
Direct Connection in a not-to-exceed amount of $65,967.
Requested by: City Manager
5.4 CONSULTING SERVICES AGREEMENT WITH SIMPSON
ADVERTISING, INC. FOR SPECIALTY GRAPHIC DESIGN SERVICES
THROUGH JUNE 30, 2025.
Recommended Action:
Approve, and authorize the City Manager to enter into a Consultant
Services Agreement with Simpson Advertising through June 30, 2025.
Requested by: City Manager
JULY 18, 2023 PAGE 4
5.5 AWARD OF CONSTRUCTION CONTRACT TO G&A NELOS
CONSTRUCTION, INC., FOR THE GROUNDWATER DRAINAGE
IMPROVEMENTS PHASE 4 & 5 PROJECT (CIP# PW23401).
Recommended Action:
A. Determine that approving the construction contract for the proposed
project is exempt from the California Environmental Quality Act
pursuant to Section 15301(c) and 15302 of the CEQA Guidelines;
and
B. Approve, and authorize the Mayor to sign, a Contract Agreement
with G&A Nelos Construction, Inc. in the amount of $223,788
approving Bid Schedule, plus a contingency amount of $22,378.80,
for Contract Change Orders to be approved by the City Manager,
for a total authorization amount of $246,166.80.
Requested by: Public Works Department
5.6 PURCHASE OF A HP MSL 2040 AND A HP MSL 6480 TAPE LIBRARY
WITH ALL REQUIRED ACCESSORIES FROM GOVCONNECTION, INC.
Recommended Action:
Approve and authorize the City Manager to issue a purchase order to
GovConnection, Inc. for the purchase of a HP MSL 2040 and a HP MSL
6480 tape library with all required accessories in the amount not-to-
exceed $171,728.67.
Requested by: Information Systems
6. PUBLIC HEARINGS:
6.1 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT
NO. 38 FOR FISCAL YEAR 2023/24.
Recommended Action:
A. Receive presentation, open Public Hearing to receive testimony,
close Public Hearing; and
B. Adopt Resolution No. 2023-26 to levy and collect assessments for
Landscape Assessment District No. 38 for Fiscal Year 2023/24.
Requested by: Public Works Department
6.2 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT
NO. 39-2022 FOR FISCAL YEAR 2023/24.
Recommended Action:
A. Receive presentation, open Public Hearing to receive testimony,
JULY 18, 2023 PAGE 5
close Public Hearing; and
B. Adopt Resolution No. 2023-27 to levy and collect assessments for
Landscape Assessment District No. 39-2022 for Fiscal Year
2023/24.
Requested by: Public Works Department
6.3 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT
NO. 41-2021 FOR FISCAL YEAR 2023/24.
Recommended Action:
A. Receive presentation, open Public Hearing to receive testimony,
close Public Hearing; and
B. Adopt Resolution No. 2023-28 to levy and collect assessments for
Landscape Assessment District No. 41-2021 for Fiscal Year
2023/24.
Requested by: Public Works Department
7. COUNCIL CONSIDERATION:
7.1 UPDATED PROGRAM POLICIES FOR THE DIAMOND BAR HOME
IMPROVEMENT PROGRAM
Recommended Action:
A. Determine that the proposed action does not constitute a project and is
therefore exempt from the California Environmental Quality Act
(“CEQA”); and
B. Adopt Resolution No. 2023-29 approving the updated Program Policies
for the City’s Home Improvement Program.
Requested by: Community Development Department
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 1
Meeting Date: July 18, 2023
CITY COUNCIL STUDY SESSION REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Daniel Fox, City Manager
FROM: Ryan McLean, Assistant City Manager
TITLE: AUTOMATED LICENSE PLATE READER (ALPR) SURVEILLANCE
CAMERAS
FINANCIAL IMPACT:
Flock systems are priced using a per camera subscription model. Each camera is priced
at $3,000 annually for 30-day data retention or $3,300 annually for 1-year data retention
(the City Attorney has advised that 1-year retention is required per state law). One-time
per-camera installation costs of $150 for deployment on existing infrastructure (light
poles or traffic signals) or $650 for cameras that require a new, standalone pole are
applied at the time of installation. A $1,000 fee is charged for vandalism repair or
replacement of damaged equipment. While there would be no new law enforcement
personnel cost necessary to deploy the system, the City may see an increase in aero
bureau costs resulting from stolen vehicle pursuits generated with leads from the
system (LASD policy requires aero support for any vehicle pursuit).
A site analysis conducted by staff in consultation with Flock estimates that 50 cameras
would provide adequate coverage of ingress and egress routes. This deployment
strategy would cost a minimum of $172,500 in the first year.
BACKGROUND:
At the February 28, 2023 meeting, the City Council Public Safety Committee requested
that staff prepare a presentation related to the use of Automated License Plate Reader
(ALPR) surveillance systems in Diamond Bar. The matter was subsequently presented
to the committee at the March 28, 2023 meeting, at which time staff was directed to
prepare the item for City Council discussion. At the April 18, 2023 Study Session, the
City Council discussed the matter and directed staff to return with additional information
for further discussion and direction.
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ALPRs are camera-based surveillance devices that capture vehicle license plate data.
This data can be used by law enforcement in a number of ways, including to monitor
where a vehicle has been, identify travel patterns over time, and determine links
between different vehicles. The city currently funds two Los Angeles County Sheriff’s
Department (LASD) vehicles equipped with mobile ALPR technology and has access to
fixed ALPR trailers that can be staged throughout town as needed.
The rise of cloud computing has reduced the cost to deploy centralized community-wide
surveillance systems monitored by law enforcement agencies. New machine learning
technology has expanded the scope of data collection. The latest-generation ALPR
camera systems can supplement license plate data with automated collection of vehicle
identifiers like make, model, color, and features like roof racks and bumper stickers and
can also track pedestrians, animals, and other objects in view of the camera.
Flock Safety has emerged as the industry-leader in ALPR surveillance systems, with a
growing number of local government agencies, including many cities in Southern
California, deploying Flock systems. Flock systems rely on fixed-mounted cameras
placed approximately 15 feet above traffic lanes on existing traffic signal and/or light
poles. The cameras are powered with solar-charged batteries and use LTE cell
networks to communicate with servers maintained by the provider.
Data collected is fed through a state stolen vehicle and felony warrant database. Local
patrol deputies can receive real-time push notifications via mobile application when a
vehicle on the database is flagged by a local ALPR camera. Deputies and authorized
users can also create a “hot list” of specific vehicles of interest that may not be in the
database and receive real-time notifications for those vehicles as well.
Data is maintained on cloud servers hosted by Amazon Web Services (AWS). Footage
can also be downloaded and stored locally for an indefinite period. This data is
searchable and can accommodate specific queries - “blue Toyota Camrys with a roof
rack”, for example. Access to local systems and archived data can be shared with other
law enforcement agencies with an opt-in. Flock systems do not currently collect video,
use facial recognition, or intentionally capture images of a vehicle’s driver. All data
collected would be the property of the City and subject to public records law.
The City would be responsible for developing and enforcing policies that govern the use
of the system to ensure conformance with state law and prevent the data from being
used inappropriately.
ANALYSIS:
Flock Safety surveillance systems serve as an additional investigatory tool for law
enforcement agencies. Hits are generated almost exclusively on pass-through stolen
vehicles originating from other areas and vehicles registered to drivers with outstanding
warrants. Deputies in the field are able to respond quickly, generating arrests that may
not otherwise have been made. The cameras also supplement other investigations
when combined with evidence or witnesses collected at the scene of the incident. In at
least one case, LASD has used Flock cameras deployed in adjacent communities to
solve a stolen vehicle case originating in Diamond Bar.
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The City of Walnut was an early adopter with Flock, deploying approximately 30
cameras in 2020. Since then, the system has led to the recovery of 64 stolen vehicles
and the arrest of 56 individuals. At the Council’s request and to further measure the
impact of the systems, staff examined 2022 data from two other Southern California
LASD contract cities with Flock systems, including La Canada Flintridge and San
Dimas. All data contained in this report is generated by LASD, with the caveat that there
is no uniform system across stations to collect and track Flock-related arrests and
leads.
City Leads/Hits Vehicles Recovered Arrests
La Canada Flintridge 20 13 1
San Dimas 9 N/A N/A
To provide further context, Attachments 1 and 2 provide summaries for total part 1
crime and total clearance rates for all three sample cities. In general, the data shows
that the deployment of surveillance systems does not insulate cities from regional crime
trends (all three experienced increases in total burglaries from 2021 to 2022). That said,
all three sample cities with Flock systems had higher overall clearance rates than
Diamond Bar.
When deliberating this issue, the Council may also wish to consider other implications,
including:
• Responsibility for compliance with the Public Records Act.
• Determining which individuals and agencies have access to the data.
• Policy decisions about camera placement (arterials vs. residential streets and at
public facilities).
• Policy decisions about near future technologies/features, including facial
recognition and live video collection (Flock recently launched “Condor Live and
Recorded Video).
• General privacy concerns.
Attachments:
1. 1.a Attachment 1 - Crime Stats Summary
2. 1.b Attachment 2 - Clearance Rates Summary
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Part 1 Crime Statistics Summary 2020-2023
Diamond Bar
2020 2021 2022
Total Part 1 Crime 861 977 1064
Homicide 0 2 0
Rape 7 7 13
Robbery 17 18 25
Assault 38 36 54
Total Violent Crime 62 63 92
Burglary 236 221 256
Larceny 474 594 614
GTA 85 98 99
Arson 4 1 3
Total Property Crime 799 914 972
La Canada Flintridge
2020 2021 2022
Total Part 1 Crime 279 265 383
Homicide 0 0 0
Rape 3 1 2
Robbery 4 2 6
Assault 7 10 16
Total Violent Crime 14 13 24
Burglary 72 51 106
Larceny 170 190 245
GTA 20 11 6
Arson 3 0 2
Total Property Crime 265 252 359
1.a
Packet Pg. 11
San Dimas
2020 2021 2022
Total Part 1 Crime 847 805 872
Homicide 2 3 0
Rape 8 14 16
Robbery 25 19 16
Assault 49 31 60
Total Violent Crime 84 67 92
Burglary 104 122 143
Larceny 568 524 549
GTA 90 98 84
Arson 1 3 4
Total Property Crime 763 738 780
Walnut
2020 2021 2022
Total Part 1 Crime 369 468 472
Homicide 1 0 1
Rape 2 5 3
Robbery 11 11 10
Assault 25 42 21
Total Violent Crime 39 58 35
Burglary 108 83 152
Larceny 193 297 240
GTA 25 30 43
Arson 4 0 2
Total Property Crime 330 410 437
1.a
Packet Pg. 12
Clearance Rates Summary 2020-2023
Diamond Bar
2020 2021 2022
Total Clearance Rate 9% 12% 8%
Homicide N/A 100% N/C
Rape 114% 80% 92%
Robbery 35% 22% 20%
Assault 71% 103% 59%
Burglary 6% 10% 6%
Larceny 4% 7% 3%
GTA 7% 8% 3%
Arson 0% 0% 67%
La Canada Flintridge
2020 2021 2022
Total Clearance Rate 15% 14% 15%
Homicide N/A N/A N/C
Rape 100% 100% N/C
Robbery 50% 0% 50%
Assault 114% 80% 75%
Burglary 11% 25% 7%
Larceny 9% 7% 13%
GTA 15% 9% 17%
Arson 67% N/A 0%
1.b
Packet Pg. 13
San Dimas
2020 2021 2022
Total Clearance Rate 17% 10% 10%
Homicide 100% 100% N/C
Rape 150% 86% 69%
Robbery 52% 26% 50%
Assault 88% 77% 70%
Burglary 13% 6% 5%
Larceny 10% 4% 7%
GTA 1% 7% 7%
Arson 0% 0% 25%
Walnut
2020 2021 2022
Total Clearance Rate 17% 19% 13%
Homicide 100% N/A 100%
Rape 100% 80% 100%
Robbery 45% 55% 10%
Assault 88% 79% 76%
Burglary 9% 14% 6%
Larceny 9% 10% 5%
GTA 8% 7% 7%
Arson 50% 100% 0%
1.b
Packet Pg. 14
Agenda #: 5.1
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JUNE 20, 2023 REGULAR
MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the June 20, 2023 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
5.1
Packet Pg. 15
Attachments:
1. 5.1.a June 20, 2023 Regular City Council Minutes
5.1
Packet Pg. 16
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM
21865 COPLEY DRIVE, DIAMOND BAR, CA 91765
JUNE 20, 2023
CALL TO ORDER: Mayor Chou called the Regular City Council meeting
to order at 6:30 p.m. in the South Coast Air Quality Management District Main
Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Liu led the Pledge of Allegiance.
INVOCATION: Council Member Tye provided the Invocation.
ROLL CALL: Council Members Ruth Low, Chia Yu Teng, Steve
Tye, Mayor Pro Tem Stan Liu, and Mayor Andrew
Chou
Staff Present In Person: Dan Fox, City Manager; Omar Sandoval, City
Attorney; Anthony Santos, Assistant to the City Manager; Greg Gubman, Community
Development Director; David Liu, Public Works Director; Ken Desforges, Information
Services Director; Alfredo Estevez, Systems Administrator; Cecilia Arellano, Public
Information Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City
Clerk
Staff Present Telephonically: Hal Ghafari, Public Works Manager/Assistant City
Engineer; Greg Gubman, Community Development Director; Jason Jacobsen, Finance
Director; Ryan Wright, Parks and Recreation Director; Marsha Roa, Public Information
Manager
Also Present In Person: Captain Stephen Tousey, LA County Sheriff’s
Department, Diamond Bar/Walnut Station and Leticia Pacillas, LACFD Community
Services Liaison
APPROVAL OF AGENDA: Mayor Chou approved the agenda as presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of VEZ IQ Robotics World Championship 2023 Certificates to
Members of Winning Teams 3211B and 3211G.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
3. PUBLIC COMMENTS:
Cynthia Yu, Diamond Bar Library, spoke about upcoming library programs,
activities and events. Additional information is available online at
www.lacountylibrary.org
C/Low congratulated Cynthia Yu on her recent appointed as the Diamond Bar
Library’s permanent Community Librarian.
5.1.a
Packet Pg. 17
JUNE 20, 2023 PAGE 2 CITY COUNCIL
4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of
Future Events.
5. CONSENT CALENDAR: C/Tye moved, C/Low seconded, to approve the
Consent Calendar as presented. Motion carried 5-0 by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu, M/Chou
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5.1 APPROVED CITY COUNCIL MINUTES FOR:
5.1.a JUNE 6, 2023 REGULAR CITY COUNCIL MEETING.
5.2 RATIFIED CHECK REGISTER DATED MAY 31, 2023 THROUGH JUNE
13, 2023 TOTALING $1,500,192.04.
5.3 APPROVED THE MAY 2023 TREASURER’S STATEMENT.
5.4 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
FIFTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH MV CHENG & ASSOCIATES, INC. FOR TEMPORARY
ACCOUNTING STAFFING SERVICES THROUGH JANUARY 31, 2024.
5.5 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH WOODS MAINTENANCE SERVICES, INC. (DBA
GRAFFITI CONTROL SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT
SERVICES THROUGH JUNE 30, 2024.
5.6 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
SIXTH AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT
WITH NETWORK PARATRANSIT SYSTEMS FOR DIAMOND RIDE
PROGRAM SENIOR TRANSPORTATION SERVICES THROUGH JUNE
30, 2024.
5.7 APPROVED PURCHASE OF A NEW ENTERPRISE LAND
MANAGEMENT (ELM) SYSTEM, INCLUDING RELATED HARDWARE
AND IMPLEMENTATION SERVICES AS FOLLOWS:
A. APPROVED AND AUTHORIZED THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH TYLER TECHNOLOGIES TO
PROVIDE AN ENTERPRISE LAND MANAGEMENT (ELM) SYSTEM,
B. INCLUDING RELATED HARDWARE AND IMPLEMENTATION
SERVICES IN AN AMOUNT NOT-TO-EXCEED $200,000;
5.1.a
Packet Pg. 18
JUNE 20, 2023 PAGE 3 CITY COUNCIL
C. APPROVED AND AUTHORIZED THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH GO LIVE TECHNOLOGY TO
PROVIDE CONSULTING SERVICES DURING THE
IMPLEMENTATION OF THE ELM SYSTEM IN AN AMOUNT NOT-
TO-EXCEED $200,000;
D. APPROVED AND AUTHORIZED THE CITY MANAGER TO SEEK
COMPETITIVE BIDS AND PURCHASE TWO (2) SERVERS
REQUIRED FOR THE ELM SYSTEM IN AN AMOUNT NOT-TO-
EXCEED $50,000; AND,
E. APPROVED A CONTINGENCY AMOUNT OF $108,483 FOR
CHANGE ORDERS, IF ANY, TO BE APPROVED BY THE CITY
MANAGER, RELATED TO THE ELM SYSTEM PROJECT
IMPLEMENTATION.
5.8 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN A
MAINTENANCE SERVICES AGREMENT WITH AMERICOMP GROUP
IMAGING, LLC FOR PRINTER MAINTENANCE SERVICES AND
TONERS THROUGH JUNE 30, 2028.
5.9 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN A
PROFESSIONAL SERVICES AGREEMENT WITH WESTERN AUDIO
VISUAL & SECURITY FOR CONFIGURATION AND INSTALLATION
SERVICES, SECURITY CAMERAS AND RELATED EQUIPMENT, FOR
A NEW VERKADA SECURITY CAMERA SYSTEM AT THE DIAMOND
BAR CENTER.
5.10 APPROVED DECLARATION TO LEVY ASSESSMENTS FOR
LANDSCAPE ASSESSMENT DISTRICT NOS. 38, 39-2022 AND 41-2021
AS FOLLOWS:
A. ADOPTED RESOLUTION NO. 2023-21 (NO. 38) DECLARING THE
CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENT FOR
LANDSCAPE ASSESSMENT DISTRICT NO. 38 AND DIRECTING
STAFF TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR
THE JULY 18, 2023 REGULAR MEETING;
B. ADOPTED RESOLUTION NO. 2023-22 (NO. 39-2022) DECLARING
THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022 AND
DIRECTING STAFF TO ADVERTISE THE PUBLIC HEARING TO BE
SET FOR THE JULY 18, 2023 REGULAR MEETING; AND,
C. ADOPTED RESOLUTION NO. 2023-23 (NO. 41-2021) DECLARING
THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 AND
DIRECTING STAFF TO ADVERTISE THE PUBLIC HEARING TO BE
5.1.a
Packet Pg. 19
JUNE 20, 2023 PAGE 4 CITY COUNCIL
SET FOR THE JULY 18, 2023 REGULAR MEETING.
5.11 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
CONSULTING SERVICES AGREEMENT WITH PRINCE GLOBAL
SOLUTIONS, LLC FOR FEDERAL ADVOCACY SERVICES THROUGH
JUNE 30, 2024.
5.12 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
FOURTH AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH TRANE U.S. INC. FOR MECHANICAL AND
BUIDING AUTOMATION SYSTEM PREVENTATIVE MAINTENANCE
AND REPAIR SERVICES THROUGH JUNE 30, 2024.
5.13 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
FIRST AMENDMENT TO THE ROAD MAINTENANCE SERVICES
AGREEMENT WITH CT&T CONCRETE PAVING, INC. FOR
MAINTENANCE SERVICES THROUGH JUNE 30, 2024.
5.14 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
SECOND AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH PARKWOOD LANDSCAPE MAINTENANCE, INC.
THROUGH JUNE 30, 2024.
5.15 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH MCE CORPORATION THROUGH JUNE 30, 2024.
5.16 ADOPTED RESOLUTION NO. 2023-24 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 2023-2024.
5.17 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
SECOND AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH GUARANTEED JANITORIAL SERVICE, INC. FOR
JANITORIAL SERVICE FOR A ONE-YEAR EXTENSION THROUGH
JUNE 30, 2024.
5.18 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
FOURTH AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE
MAINTENANCE SERVICES THROUGH JUNE 30, 2024.
5.19 APPROVED AND AUTHORIZED THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER, TO FILE THE NOTICE OF COMPLETION
FOR THE CITYWIDE BUS SHELTER REPLACEMENT PROGRAM CIP
PROJECT #T122300.
5.1.a
Packet Pg. 20
JUNE 20, 2023 PAGE 5 CITY COUNCIL
5.20 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
CONSULTING SERVICES AGREEMENT WITH JOHN L. HUNTER &
ASSOCIATES, INC. FOR MUNICIPAL NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) THROUGH JUNE 30,
2026 FOR A THREE YEAR TERM WITH OPTION TO EXTEND FOR AN
ADDITIONAL TWO YEARS IN AN ANNUAL NOT-TO-EXCEED AMOUNT
OF $74,770.
5.21 APPROVED CONSULTING SERVICES AGREEMENTS FOR ON-CALL
CIVIL ENGINEERING AND ARCHITECTURAL SERVICES THROUGH
JUNE 30, 2026 AS FOLLOWS:
A. APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN
THE CONSULTING SERVICES AGREEMENT WITH CANNON
CORPORATION FOR A THREE-YEAR TERM WITH AN OPTION TO
EXTEND FOR AN ADDITIONAL TWO YEARS, IN AN ANNUAL NOT-
TO-EXCEED AMOUNT OF $62,500;
B. APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN
THE CONSULTING SERVICES AGREEMENT WITH HR GREEN
PACIFIC, INC. FOR A THREE-YEAR TERM WITH AN OPTION TO
EXTEND FOR AN ADDITIONAL TWO YEARS, IN AN ANNUAL NOT-
TO-EXCEED AMOUNT OF $62,500;
C. APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN
THE CONSULTING SERVICES AGREEMENT WITH TAIT &
ASSOCIATES, INC. FOR A THREE-YEAR TERM WITH AN OPTION
TO EXTEND FOR AN ADDITIONAL TWO YEARS, IN AN ANNUAL
NOT-TO-EXCEED AMOUNT OF $50,000; AND,
D. APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN
THE CONSULTING SERVICES AGREEMENT WITH LAE &
ASSOCIATES, INC. FOR A THREE-YEAR TERM WITH AN OPTION
TO EXTEND FOR AN ADDITIONAL TWO YEARS, IN AN ANNUAL
NOT-TO-EXCEED AMOUNT OF $100,000.
5.22 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE
SIXTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
WITH EXTERIOR PRODUCTS CORPORATION FOR EXTERIOR
DÉCOR & LIGHTING MAINTENANCE THROUGH JUNE 30, 2024.
6. PUBLIC HEARINGS: NONE
7. COUNCIL CONSIDERATION:
7.1 PARTICIPATION IN THE LOS ANGELES URBAN COUNTY
PERMANENT LOCAL HOUSING ALLOCATION (“PLHA”) PROGRAM.
5.1.a
Packet Pg. 21
JUNE 20, 2023 PAGE 6 CITY COUNCIL
CDD/Gubman presented the staff report and responded to Council
Member questions and concerns.
No public comments were offered on this item.
C/Tye moved, MPT/Liu seconded to:
A. Adopt Resolution No. 2023-25 approving the City’s participation in
years 1 through 3 of the Los Angeles Urban County PLHA Program
identifying proposed activities for the expenditure of $649,080 in
combined PLHA funding, and authorizing the City Manager to sign a
reimbursable contract with the Los Angeles County Development
Authority (“LACDA”); and,
B. Determine that the proposed action does not constitute a project and is
therefore exempt from the California Environmental Quality Act
(“CEQA”).
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Low, Teng, Tye, MPT/Liu,
M/Chou
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye congratulated Diamond Bar Library’s new Community Librarian, Cynthia
Yu for a well deserved promotion, and urged everyone to take advantage of the
Sheriff’s free catalytic converter etching tomorrow from 9:00 to 11:00 a.m. at
Calvary Chapel.
C/Teng congratulated Cynthia Yu on her appointment and thanked her for
service to the community.
C/Low spoke about the recent public safety incident in Diamond Bar, thanked law
enforcement officers for their diligence, staff for working collaboratively with law
enforcement to inform residents about what was happening and residents for
their cooperation. She attended the LASD Sheriff’s Academy and ALADS
Awards Banquet and San Gabriel Valley Economic Partnership briefing regarding
business opportunities in the State of California and the region as well as, the
Hong Kong Student Alumni Association Scholarship Dinner and the Rotary Club
Car Show. She encouraged everyone to enjoy Concerts in the Park at
Summitridge Park and wished all a Happy July 4th.
MPT/Liu congratulated Cynthia Yu, thanked staff for the presentations, Captain
Tousey for keeping the community safe and staff for keeping the community
5.1.a
Packet Pg. 22
JUNE 20, 2023 PAGE 7 CITY COUNCIL
informed. He wished everyone a Happy 4th of July, asked everyone to celebrate
responsibly and looked forward to seeing everyone at Concerts in the Park.
M/Chou attended the Tres Hermanos Joint Authority Meeting that included
discussion of potential ways to open trails for public access, attended a briefing
with DA George Gascon together with a number of LA County Council Members
and mayors, congratulated newly appointed COG Board Members, and wished
his wife a Happy Birthday.
ADJOURNMENT: With no further business to conduct, Mayor Chou
adjourned the Regular City Council Meeting at 7:29 p.m. to July 18, 2023 at 6:30
p.m.
Respectfully Submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 18th day of July, 2023.
__________________________
Andrew Chou, Mayor
5.1.a
Packet Pg. 23
Agenda #: 5.2
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED JUNE 14, 2023
THROUGH JULY 11, 2023 TOTALING $2,841,694.99.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $2,841,694.99.
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 14, 2023 through July 11,
2023 totaling $2,841,694.99 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies and procedures, and have been
reviewed and approved by the appropriate departmental staff. The attached Affidavit
affirms that the check register has been audited and deemed accurate by the Finance
Director.
PREPARED BY:
5.2
Packet Pg. 24
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit 7-18-2023
2. 5.2.b Check Register 7-18-2023
5.2
Packet Pg. 25
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated June 14, 2023 through July 11, 2023 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Signed:
__________________________________
Finance Supervisor
Peter Samy
5.2.a
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8787 6/14/2023 SOUTHERN CALIFORNIA EDISON GS-1 2838 S DBB PED - GS-1 100655 52210 $135.91
CHECK TOTAL $135.91
8846 6/14/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE -
TC-1
100655 52210 $120.17
CHECK TOTAL $120.17
8847 6/14/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER
RD - TC-1
100655 52210 $161.34
CHECK TOTAL $161.34
8848 6/14/2023 SOUTHERN CALIFORNIA EDISON GS-1 23331 GOLDEN SPRINGS PED - GS-
1
100655 52210 $107.40
CHECK TOTAL $107.40
8849 6/14/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CANYON
BPED - LS-3
100655 52210 $44.09
CHECK TOTAL $44.09
8850 6/14/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 S BREA CANYON
BPED - LS-3
100655 52210 $30.08
CHECK TOTAL $30.08
8851 6/14/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN
SPRINGS PED - TC-1
100655 52210 $101.13
CHECK TOTAL $101.13
8852 6/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S
LEMON/VARIOUS - TC-1
100655 52210 $839.96
CHECK TOTAL $839.96
8853 6/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA
CANYON - TC-1
100655 52210 $88.62
CHECK TOTAL $88.62
8854 6/20/2023 SOUTHERN CALIFORNIA EDISON GS-1 - 1215 S BREA CANYON - GS-1 100655 52210 $116.58
CHECK TOTAL $116.58
8855 6/20/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450
BRIDGEGATE/VARIOUS - TC-1
100655 52210 $483.33
CHECK TOTAL $483.33
8856 6/20/2023 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON (05.10.23 -
06.08.23) FY 22-23
100630 52210 $35.14
5.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $35.14
8858 6/21/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - BREA
CYN/FALLOWFIELD, ETC - TC-1
100655 52210 $216.56
CHECK TOTAL $216.56
8859 6/21/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21010
WASHINGTON AVE - TC-1
100655 52210 $111.76
CHECK TOTAL $111.76
8860 6/22/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1798 DBB/22566
GLDN SPRGS - TC-1
100655 52210 $294.81
CHECK TOTAL $294.81
8861 6/23/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/23/2023
238 21118 $5.50
6/23/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/23/2023
239 21118 $5.50
6/23/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/23/2023
241 21118 $5.50
6/23/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/23/2023
207 21118 $12.68
6/23/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/23/2023
250 21118 $30.13
6/23/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/23/2023
206 21118 $46.04
6/23/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
06/23/2023
100 21118 $1,708.64
CHECK TOTAL $1,813.99
8862 6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
225 21109 $28.37
6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
239 21109 $103.86
6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
241 21109 $103.86
6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
201 21109 $123.97
5.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
238 21109 $207.70
6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
206 21109 $261.66
6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
250 21109 $296.69
6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
207 21109 $317.24
6/23/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
06/23/2023
100 21109 $13,258.51
CHECK TOTAL $14,701.86
8863 6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
239 21110 $125.79
6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
241 21110 $125.79
6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
225 21110 $205.53
6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
238 21110 $209.11
6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
201 21110 $322.94
6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
207 21110 $558.22
6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
206 21110 $869.51
6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
250 21110 $1,382.71
6/23/2023 CALPERS PENSION CONTRIBUTION 6/3/23-6/16/23
& 6/1-6/30/23
100 21110 $36,601.69
CHECK TOTAL $40,401.29
8864 6/27/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 553 N
DBB/VARIOUS - TC-1
100655 52210 $1,404.62
CHECK TOTAL $1,404.62
8865 6/27/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 22805 GOLDEN
SPRNGS/VARIOUS TC-1
100655 52210 $3,685.77
5.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $3,685.77
8866 6/27/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S DBB - TC-1 100655 52210 $119.40
CHECK TOTAL $119.40
8867 6/27/2023 SOUTHERN CALIFORNIA EDISON 21810 COPLEY (05.12.23 - 06.12.23) FY
22-23
100620 52210 $14,752.20
CHECK TOTAL $14,752.20
8868 6/27/2023 AIMTD LLC TRAFFIC COUNTS -
LYCOMING/NORTHAMPTON AREA
100615 54400 $897.00
CHECK TOTAL $897.00
8869 6/27/2023 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $1,632.28
CHECK TOTAL $1,632.28
8870 6/27/2023 ANDREW WONG STIPEND - P&R COMMISSION MEETING
MAY 23
100520 52525 $45.00
CHECK TOTAL $45.00
8871 6/27/2023 ANGELA SALAMONE BAND PERFORMANCE FOR CONCERTS
6.21.23
100520 55300 $1,800.00
CHECK TOTAL $1,800.00
8872 6/27/2023 BRIAN MARTINEZ PHOTOGRAPHY SERVICES FOR SPECIAL
EVENTS
100240 54900 $780.00
6/27/2023 BRIAN MARTINEZ PHOTOGRAPHY SERVICES - CONCERTS
6/21/23
100240 54900 $390.00
CHECK TOTAL $1,170.00
8873 6/27/2023 BULLSEYE TELECOM INC CITYWIDE ANALOG PHONE SERVICE -
JUN 2023
100230 52200 $2,379.59
CHECK TOTAL $2,379.59
8874 6/27/2023 CALIFORNIA STATE
DISBURSEMENT UNIT
M. HAWKINS II REMIT #200000001825436
LOC #600099
100 23199 $199.03
CHECK TOTAL $199.03
8875 6/27/2023 CALIFORNIA COAST CARPET &
FLOORING INC
DBC VINYL FLOOR REPLACEMENT - FY
22-23
504510 56100 $98,593.83
CHECK TOTAL $98,593.83
8876 6/27/2023 CHICAGO TITLE COMPANY HOME IMPR PROG-LOAN POLICY-
HIP294-2954 RISING STAR
225440 54900 $65.00
CHECK TOTAL $65.00
5.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8877 6/27/2023 CIVICPLUS LLC ECONOMIC DEVELOPMENT SUBSITE 100150 54900 $5,131.55
CHECK TOTAL $5,131.55
8878 6/27/2023 COPP CONTRACTING INC AREA 2 - RES/COLL REHAB PROJ. - THRU
5/31/23
301610 56101 $56,937.50
CHECK TOTAL $56,937.50
8879 6/27/2023 CORCINO PRODUCTIONS INC VIDEOTAPING OF JUNE 14 SUMMER
CONCERT
100240 54900 $1,175.00
6/27/2023 CORCINO PRODUCTIONS INC VIDEOTAPING OF JUNE 8 TCSP PUBLIC
SCOPING WORKSHOP
100240 54900 $800.00
CHECK TOTAL $1,975.00
8880 6/27/2023 CT & T CONCRETE PAVING INC SIDEWALK & CONCRETE REPAIRS - FY
22-23
100655 55512 $3,024.60
6/27/2023 CT & T CONCRETE PAVING INC SIDEWALK & CONCRETE REPAIRS - FY
22-23
100655 55514 $85,698.50
6/27/2023 CT & T CONCRETE PAVING INC CONCRETE PARKWAY REPLACEMENT -
FY 22-23
100655 55514 $6,116.00
6/27/2023 CT & T CONCRETE PAVING INC SINKHOLE REPAIR - FY 22-23 100655 55512 $4,700.51
6/27/2023 CT & T CONCRETE PAVING INC CONTRACT WITHHOLDING: 23000069 251 29004 $3,789.47
CHECK TOTAL $103,329.08
8881 6/27/2023 DAVID EVANS AND ASSOCIATES
INC
LANDSCAPE PLAN CHECK SVCS-1519
DERRINGER
100 22107 $814.00
CHECK TOTAL $814.00
8882 6/27/2023 CAROL A DENNIS MINUTE SECRETARY - T&T COMMISSION
- MAY 2023
100610 54900 $100.00
6/27/2023 CAROL A DENNIS MINUTES TRANSCRIPTION FOR COUNCIL
MEETINGS IN JUNE
100140 54900 $225.00
6/27/2023 CAROL A DENNIS P&R COMMISSION MEETING MINUTES
5.25.23
100520 54900 $50.00
CHECK TOTAL $375.00
8883 6/27/2023 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $192.00
CHECK TOTAL $192.00
8884 6/27/2023 DIAMOND BAR FRIENDS OF THE
LIBRARY
2023 WINE SOIREE - SPONSORSHIP (AD
& DONATION)
101110 52600 $1,350.00
CHECK TOTAL $1,350.00
5.2.b
Packet Pg. 31
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8885 6/27/2023 DIANA CHO & ASSOCIATES CDBG ADMN FEES-SR PROGRAM APRIL
2023
225440 54900 $318.75
CHECK TOTAL $318.75
8886 6/27/2023 DS SERVICES OF AMERICA INC BOTTLED WATER DELIVERY (MAY) FY 22-
23
100620 51200 $478.56
CHECK TOTAL $478.56
8887 6/27/2023 EDUARDO M QUINTERO BUILDING MAINTENANCE (SYCAMORE)
FY 22-23
100630 52320 $6,500.00
CHECK TOTAL $6,500.00
8888 6/27/2023 EXTERIOR PRODUCTS CORP MAINTENANCE (CITY HALL) FY 22-23 100630 56116 $553.27
6/27/2023 EXTERIOR PRODUCTS CORP MAINTENANCE (CITY HALL) FY 22-23 100620 51200 $2,576.33
CHECK TOTAL $3,129.60
8889 6/27/2023 FEHR & PEERS ON-CALL TRAFFIC/VARIOUS PROJECTS -
OCT 22-FEB 23
203615 54410 $3,952.36
6/27/2023 FEHR & PEERS ON-CALL TRAFFIC/VARIOUS PROJECTS -
OCT 22-FEB 23
100615 54410 $7,542.00
CHECK TOTAL $11,494.36
8890 6/27/2023 GARY TOSHIHIKO BUSTEED T&T COMMISSION STIPEND - MAY 2023 100610 52525 $45.00
CHECK TOTAL $45.00
8891 6/27/2023 GATEWAY CORP CENTER ASSOC CAPITAL DISTRIBUTION & ASSOC. DUES
FY 22-23 (JUN)
100620 52400 $598.92
6/27/2023 GATEWAY CORP CENTER ASSOC CAPITAL DISTRIBUTION & ASSOC. DUES
FY 22-23 (JUN)
100620 51200 $700.00
6/27/2023 GATEWAY CORP CENTER ASSOC CAPITAL DISTRIBUTION & ASSOC. DUES
FY 22-23 (JUN)
100620 52300 $2,000.00
CHECK TOTAL $3,298.92
8892 6/27/2023 GOVCONNECTION INC PHONE HEADSETS FOR FRONT COUNTER
STAFF (2)
100230 51300 $470.30
CHECK TOTAL $470.30
8893 6/27/2023 WOODS MAINTENANCE
SERVICES INC
HOMELESS ENCAMPMENT CLEANUP -
STEEP CANYON 6/15/23
100130 54900 $10,444.73
CHECK TOTAL $10,444.73
8894 6/27/2023 HINDERLITER DE LLAMAS &
ASSOCIATES
CONTRACT SVCS - SALES TAX APRIL -
JUNE 2023
100210 54900 $481.82
5.2.b
Packet Pg. 32
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/27/2023 HINDERLITER DE LLAMAS &
ASSOCIATES
CONTRACT SVCS - SALES TAX APRIL -
JUNE 2023
100210 54010 $900.00
CHECK TOTAL $1,381.82
8895 6/27/2023 HONEYCOTT INC BEE REMOVAL (DBC) FY 22-23 100510 52320 $135.00
CHECK TOTAL $135.00
8896 6/27/2023 HOPSCOTCH PRESS INC DBC FEATURED AD JULY 2023 100510 52160 $450.00
CHECK TOTAL $450.00
8897 6/27/2023 HUMANE SOCIETY OF POMONA
VALLEY INC
ANIMAL CONTROL SERVICES IN MAY
2023
100340 55404 $33,885.00
CHECK TOTAL $33,885.00
8898 6/27/2023 INTEGRUS LLC RICOH COPY CHARGES - 5/19/23-
6/18/23
100230 52100 $607.31
CHECK TOTAL $607.31
8899 6/27/2023 INTERSTATE STRIPING INC HAWKWOOD NTMP PROJECT 251 29004 $487.50
CHECK TOTAL $487.50
8900 6/27/2023 JCL TRAFFIC SERVICES ROAD MAINT SUPPLIES (TRAFFIC
CONES) FY 22-23
100655 51250 $4,062.45
CHECK TOTAL $4,062.45
8901 6/27/2023 JNA EVENTS SERVICES LLC SENIOR DANCE CATERING 22-23 100520 55310 $1,450.02
CHECK TOTAL $1,450.02
8902 6/27/2023 JONATHAN CHANG SUMMER DAY CAMP ENTERTAINMENT 100520 55315 $350.00
CHECK TOTAL $350.00
8903 6/27/2023 KEENAN & ASSOCIATES GROUP CONSULTING FEE - AIRBO
PORTAL
100220 54900 $900.00
CHECK TOTAL $900.00
8904 6/27/2023 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - MAY 2023 100230 52314 $50.00
CHECK TOTAL $50.00
8905 6/27/2023 LANDSCAPE STRUCTURES INC PLAY EQUIPMENT (DIAMOND CANYON)
FY 22-23
100630 52320 $1,668.30
CHECK TOTAL $1,668.30
8906 6/27/2023 LEWIS ENGRAVING INC CITY TILE 100140 52140 $26.96
CHECK TOTAL $26.96
5.2.b
Packet Pg. 33
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8907 6/27/2023 LIZA G MONTIEL SENIOR DANCE DJ SERVICES 22-23 100520 55310 $350.00
CHECK TOTAL $350.00
8908 6/27/2023 MANISHA SULAKHE T&T COMMISSION STIPEND - MAY 2023 100610 52525 $45.00
CHECK TOTAL $45.00
8909 6/27/2023 MARSHA ROA SUPPLIES FOR RETIREMENT LUNCHEON 100610 52410 $50.82
CHECK TOTAL $50.82
8910 6/27/2023 MARTIN HOLGUIN INSTRUCTOR PAYMENT - MAGICIAN-
WS23
100520 55320 $180.00
CHECK TOTAL $180.00
8911 6/27/2023 RICK RAYMOND MATTIE MEETING AV ASSISTANCE 100240 54900 $285.00
CHECK TOTAL $285.00
8912 6/27/2023 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(MAY) FY 22-23
241641 55524 $4,922.61
6/27/2023 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(MAY) FY 22-23
239639 55524 $12,173.54
6/27/2023 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(MAY) FY 22-23
238638 55524 $14,806.30
6/27/2023 MCE CORPORATION ROAD MAINTENANCE (MAY) FY 22-23 201655 55530 $284.92
6/27/2023 MCE CORPORATION ROAD MAINTENANCE (MAY) FY 22-23 100655 55530 $4,164.44
6/27/2023 MCE CORPORATION ROAD MAINTENANCE (MAY) FY 22-23 100655 55528 $9,293.15
CHECK TOTAL $45,644.96
8913 6/27/2023 MDJ MANAGEMENT CITY HALL JANITOR'S CLOSET REHAB - FY
22-23
100620 52320 $15,740.54
CHECK TOTAL $15,740.54
8914 6/27/2023 MERCURY DISPOSAL SYSTEMS
INC
HHW PICK UP FROM ACE HARDWARE
JUNE 2023
250170 55000 $1,099.55
CHECK TOTAL $1,099.55
8915 6/27/2023 NATIONAL TRENCH SAFETY INC EQUIPMENT RENTAL (K-RAILS) FY 22-23 100655 52300 $455.52
CHECK TOTAL $455.52
8916 6/27/2023 NETWORK PARATRANSIT SYSTEMS
INC
FY2022-23 DIAMOND RIDE SR/DISABLED
TRANS MAY 2023
206650 55560 $15,725.03
CHECK TOTAL $15,725.03
5.2.b
Packet Pg. 34
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8917 6/27/2023 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $270.00
6/27/2023 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $320.00
6/27/2023 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $69.00
CHECK TOTAL $659.00
8918 6/27/2023 ONE TIME PAY VENDOR ANNA KANG FACILITY DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
8919 6/27/2023 ONE TIME PAY VENDOR CHRIS GEMILANG FACILITY DEPOSIT REFUND 100 20202 $1,000.00
CHECK TOTAL $1,000.00
8920 6/27/2023 ONE TIME PAY VENDOR DANNY MARTINEZ FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
8921 6/27/2023 ONE TIME PAY VENDOR ELLEN IYASU FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
8922 6/27/2023 ONE TIME PAY VENDOR ESBEIDI ECHEVARRIA FACILITY DEPOSIT REFUND 100 20202 $1,000.00
CHECK TOTAL $1,000.00
8923 6/27/2023 ONE TIME PAY VENDOR FIRST CLASS EVENTS FACILITY REFUND 100 20202 $1,330.00
6/27/2023 ONE TIME PAY VENDOR FIRST CLASS EVENTS FACILITY DEPOSIT REFUND 100 20202 $1,150.00
CHECK TOTAL $2,480.00
8924 6/27/2023 ONE TIME PAY VENDOR FIRST CLASS EVENTS FACILITY DEPOSIT REFUND 100 20202 $1,150.00
CHECK TOTAL $1,150.00
8925 6/27/2023 ONE TIME PAY VENDOR FIRST CLASS EVENTS FACILITY DEPOSIT REFUND 100 20202 $364.20
CHECK TOTAL $364.20
8926 6/27/2023 ONE TIME PAY VENDOR JAKIE RANGEL FACILITY DEPOSIT REFUND 100 20202 $1,250.00
CHECK TOTAL $1,250.00
8927 6/27/2023 ONE TIME PAY VENDOR JOSEFINA CRUZ RECREATION PROGRAM REFUND 100 20202 $90.00
CHECK TOTAL $90.00
8928 6/27/2023 ONE TIME PAY VENDOR KIMBERLY WANG FACILITY DEPOSIT REFUND 100 20202 $722.50
CHECK TOTAL $722.50
5.2.b
Packet Pg. 35
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8929 6/27/2023 ONE TIME PAY VENDOR MARIE KUSDONO FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
8930 6/27/2023 ONE TIME PAY VENDOR MICHAEL WONG RECREATION PROGRAM REFUND 100 20202 $175.00
6/27/2023 ONE TIME PAY VENDOR MICHAEL WONG RECREATION PROGRAM REFUND 100 20202 $365.00
CHECK TOTAL $540.00
8931 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB - LS-2 100655 52210 $94.09
CHECK TOTAL $94.09
8932 6/27/2023 ONE TIME PAY VENDOR NANCY GOMEZ FACILITY DEPOSIT REFUND 100 20202 $1,350.00
CHECK TOTAL $1,350.00
8933 6/27/2023 ONE TIME PAY VENDOR PACIFIC CREST YOUTH
ARTS ORGANIZATION
FACILITY DEPOSIT REFUND 100 20202 $1,280.00
CHECK TOTAL $1,280.00
8934 6/27/2023 ONE TIME PAY VENDOR ANTHONY SANTOS REIMB-SHELTER COMMAND POST
6/19/23
100350 51200 $19.92
CHECK TOTAL $19.92
8935 6/27/2023 ONE TIME PAY VENDOR DANNETTE ALLEN REIMB - LASERFICHE ANNUAL CONF 100130 52415 $87.53
CHECK TOTAL $87.53
8936 6/27/2023 ONE TIME PAY VENDOR REBECCA SIU POSTAGE - PRIORITY MAIL 100140 52170 $9.65
CHECK TOTAL $9.65
8937 6/27/2023 OUTDOOR CREATIONS INC SYCAMORE PARK RECYCLING BINS - FY
22-23
254180 51300 $3,775.03
6/27/2023 OUTDOOR CREATIONS INC SYCAMORE PARK RECYCLING BINS - FY
22-23
250170 56116 $8,330.20
CHECK TOTAL $12,105.23
8938 6/27/2023 PARKWOOD LANDSCAPE
MAINTENANCE INC
ADDL' LANDSCAPE MAINT (PARK
ENHANCEMENTS) FY 22-23
100510 52320 $5,000.00
6/27/2023 PARKWOOD LANDSCAPE
MAINTENANCE INC
ADDL' LANDSCAPE MAINT (PARK
ENHANCEMENTS) FY 22-23
100630 52320 $12,575.00
CHECK TOTAL $17,575.00
8939 6/27/2023 PREMIER PAVING INC PARKING LOT SEAL COAT (CITY PARKS)
FY 22-23
100655 55512 $35,665.00
CHECK TOTAL $35,665.00
5.2.b
Packet Pg. 36
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8940 6/27/2023 PROTECTION ONE INC BURGLAR ALARM (CITY HALL) FY 22-23 100620 52320 $41.74
CHECK TOTAL $41.74
8941 6/27/2023 PUBLIC STORAGE #23051 PARKS & RECREATION STORAGE OFF-
SITE UNITS
100520 52302 $757.00
6/27/2023 PUBLIC STORAGE #23051 PARKS & RECREATION STORAGE OFF-
SITE UNITS
100520 52302 $722.00
CHECK TOTAL $1,479.00
8942 6/27/2023 RAPHAEL H PLUNKETT T&T COMMISSION STIPEND - MAY 2023 100610 52525 $45.00
CHECK TOTAL $45.00
8943 6/27/2023 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $346.02
CHECK TOTAL $346.02
8944 6/27/2023 RICARDO MOJICA SENIOR RESOURCE DAY 22-23 100520 55310 $700.00
CHECK TOTAL $700.00
8945 6/27/2023 ROMULO T MORALES T&T COMMISSION STIPEND - MAY 2023 100610 52525 $45.00
CHECK TOTAL $45.00
8946 6/27/2023 ROSS CREATIONS SOUND SERVICES FOR CONCERT ON
6.14.2023
100520 55300 $1,585.00
6/27/2023 ROSS CREATIONS SOUND SERVICES FOR CONCERTS IN
6.21.2023
100520 55300 $1,585.00
CHECK TOTAL $3,170.00
8947 6/27/2023 SAMAN MAHMOOD STIPEND - P&R COMMISSION MEETING
MAY 23
100520 52525 $45.00
CHECK TOTAL $45.00
8948 6/27/2023 SANTA BARBARA
TRANSPORTATION CORP
BUS TRANSPORTATION FOR DAY CAMP
ON 6.08.2023
206520 55315 $491.87
6/27/2023 SANTA BARBARA
TRANSPORTATION CORP
BUS TRANSPORTATION FOR DAY CAMP
ON 6.9.2023
206520 55315 $529.70
6/27/2023 SANTA BARBARA
TRANSPORTATION CORP
BUS TRANSPORTATION FOR DAY CAMP
ON 6.13.2023
206520 55315 $624.29
CHECK TOTAL $1,645.86
8949 6/27/2023 SC FUELS FLEET VEHICLE FUEL (MAY) FY 22-23 502620 52330 $170.29
6/27/2023 SC FUELS FLEET VEHICLE FUEL (MAY) FY 22-23 502630 52330 $825.38
6/27/2023 SC FUELS FLEET VEHICLE FUEL (MAY) FY 22-23 502655 52330 $849.21
5.2.b
Packet Pg. 37
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
6/27/2023 SC FUELS FLEET VEHICLE FUEL (JUN) FY 22-23 502130 52330 $47.28
6/27/2023 SC FUELS FLEET VEHICLE FUEL (JUN) FY 22-23 502620 52330 $58.15
6/27/2023 SC FUELS FLEET VEHICLE FUEL (JUN) FY 22-23 502430 52330 $78.77
6/27/2023 SC FUELS FLEET VEHICLE FUEL (JUN) FY 22-23 502655 52330 $675.15
6/27/2023 SC FUELS FLEET VEHICLE FUEL (JUN) FY 22-23 502630 52330 $940.29
CHECK TOTAL $3,644.52
8950 6/27/2023 SIMPSON ADVERTISING INC REVISIONS AND PRINTING OF DBC TRI-
FOLD
100240 54900 $521.98
6/27/2023 SIMPSON ADVERTISING INC REVISIONS AND PRINTING OF DBC TRI-
FOLD
100520 54900 $700.00
6/27/2023 SIMPSON ADVERTISING INC DESIGN/ART WORK - ANNL FINANCIAL
REPORT
100210 52110 $2,790.00
6/27/2023 SIMPSON ADVERTISING INC LAYOUT AND DESIGN OF 6-PAGE JULY
NEWSLETTER
100240 54900 $2,275.00
CHECK TOTAL $6,286.98
8951 6/27/2023 SITEIMPROVE INC ANNUAL SUBSCRIPTION FEE - 6/25/23-
6/24/24
100230 52314 $6,471.68
CHECK TOTAL $6,471.68
8952 6/27/2023 SLOAN VAZQUEZ INC WASTE HAULING CONSULTING 250170 54900 $21,160.00
CHECK TOTAL $21,160.00
8953 6/27/2023 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL R.O.W.
(MAY) FY 22-23
100645 55528 $3,113.00
CHECK TOTAL $3,113.00
8954 6/27/2023 STAY GREEN INC LANDSCAPE MAINT CITY HALL (JUN) FY
22-23
100620 52320 $1,116.00
CHECK TOTAL $1,116.00
8955 6/27/2023 STEPHEN QIU STIPEND - P&R COMMISSION MEETING
MAY
100520 52525 $45.00
CHECK TOTAL $45.00
8956 6/27/2023 STEVENS VU & LUNA BAND PERFORMANCE FOR CONCERTS
6.14.23
100520 55300 $1,500.00
CHECK TOTAL $1,500.00
8957 6/27/2023 STUMP FENCE CO INSTALL NEW FENCE AT DIAMOND
CANYON PK
100 29004 $1,040.00
5.2.b
Packet Pg. 38
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $1,040.00
8958 6/27/2023 SURENDRA R MEHTA T&T COMMISSION STIPEND - MAY 2023 100610 52525 $45.00
CHECK TOTAL $45.00
8959 6/27/2023 SWANK MOTION PICTURES INC MOVIE SHOWN ON 6.14.23 100520 55300 $676.00
CHECK TOTAL $676.00
8960 6/27/2023 THE COMDYN GROUP INC GIS SUPPORT - MAY-JUN 2023 100230 54900 $4,686.37
CHECK TOTAL $4,686.37
8961 6/27/2023 THE GAS COMPANY 21810 COPLEY (05.11.23 - 06.12.23) FY
22-23
100620 52215 $429.31
6/27/2023 THE GAS COMPANY 2900 BREA CANYON ROAD (HERITAGE)
FY 22-23
100630 52215 $33.33
6/27/2023 THE GAS COMPANY 1600 GRAND (DBC) FY 22-23 100510 52215 $2,026.39
CHECK TOTAL $2,489.03
8962 6/27/2023 THE JAY PARTICLE LLC SUMMER DAY CAMP ENTERTAINMENT 100520 55315 $560.00
CHECK TOTAL $560.00
8963 6/27/2023 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LGL AD-PC MTG 6/13/23-22307 BROKEN
TWIG
100 22107 $675.52
CHECK TOTAL $675.52
8964 6/27/2023 THE SAWDUST FACTORY SUMMER DAY CAMP EXCURSION 100520 53520 $600.00
CHECK TOTAL $600.00
8965 6/27/2023 TOLAR MANUFACTURING
COMPANY INC
INSTALLATION OF BUS
SHELTERS/GOLDEN SPRINGS DR
301610 56103 $8,750.00
6/27/2023 TOLAR MANUFACTURING
COMPANY INC
BUS SHELTER REPLACEMENT - GOLDEN
SPRINGS DR.
301610 56103 $31,218.45
CHECK TOTAL $39,968.45
8966 6/27/2023 TOWN & COUNTRY EVENT
RENTALS, LLC
TENT RENTAL FOR CONCERTS IN THE
PARK
100520 52300 $2,973.41
CHECK TOTAL $2,973.41
8967 6/27/2023 UNDERGROUND SERVICE ALERT
OF SO CA
CA STATE FEE - US DIGALERT - JUNE 2023 100615 54410 $40.45
6/27/2023 UNDERGROUND SERVICE ALERT
OF SO CA
DIGALERT - MONTHLY SERVICE - MAY
2023
100615 54410 $239.25
CHECK TOTAL $279.70
5.2.b
Packet Pg. 39
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8968 6/27/2023 UNITED RECORDS MANAGEMENT
INC
OFF-SITE STORAGE - BACK-UP TAPES -
MAY 2023
100230 55000 $594.00
CHECK TOTAL $594.00
8969 6/27/2023 UNITED SITE SERVICES OF
CALIFORNIA INC
RESTROOM RENTALS FOR CONCERTS
6.14.23
100520 55300 $1,045.73
CHECK TOTAL $1,045.73
8970 6/27/2023 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES (MAY) FY
22-23
100655 55510 $10,645.32
CHECK TOTAL $10,645.32
8971 6/27/2023 VERMONT SYSTEMS INC RECTRAC UPGRADE SUPPORT - FY 22-23 100230 52314 $131.25
CHECK TOTAL $131.25
8972 6/27/2023 VIDIFLO LLC CABLE CHANNEL AV SUPPORT 100240 54900 $220.00
CHECK TOTAL $220.00
8973 6/27/2023 WALNUT VALLEY WATER DISTRICT RECYCLED (MAY) FY 22-23 238638 52220 $783.18
6/27/2023 WALNUT VALLEY WATER DISTRICT DBC WATER (MAY) FY 22-23 100510 52220 $486.48
6/27/2023 WALNUT VALLEY WATER DISTRICT DIST 41 WATER (MAY) FY 22-23 241641 52220 $4,924.55
6/27/2023 WALNUT VALLEY WATER DISTRICT CITY HALL WATER (MAY) FY 22-23 100620 52220 $871.45
6/27/2023 WALNUT VALLEY WATER DISTRICT DIST 38 WATER (MAY) FY 22-23 238638 52220 $8,024.61
6/27/2023 WALNUT VALLEY WATER DISTRICT DIST 39 WATER (MAY) FY 22-23 239639 52220 $3,673.58
6/27/2023 WALNUT VALLEY WATER DISTRICT PARKS WATER (MAY) FY 22-23 100630 52220 $19,275.05
CHECK TOTAL $38,038.90
8974 6/27/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $294.23
6/27/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $496.32
6/27/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE) FY 22-
23
100630 51200 $267.79
6/27/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (PARKS) FY 22-23 100630 51200 $194.54
6/27/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) FY 22-
23
100620 51200 $1,193.82
6/27/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) FY 22-
23
100620 51200 $1,604.61
CHECK TOTAL $4,051.31
5.2.b
Packet Pg. 40
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8975 6/27/2023 WEST COAST ARBORISTS INC TREE MAINT GRID 39 (5.16.23 - 05.31.23)
FY 22-23
239639 55522 $8,143.20
6/27/2023 WEST COAST ARBORISTS INC CITYWIDE TREE MAINT (05.16.23 -
05.31.23) FY 22-23
100645 55522 $40,282.50
CHECK TOTAL $48,425.70
8976 6/27/2023 WISCONSIN QUICK LUBE INC VEHICLE MAINT (LIC #1338159) FY 22-23 502620 52312 $76.58
CHECK TOTAL $76.58
8977 6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - COMM SVCS MAY 2023 100120 54020 $258.00
6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - P/WORKS MAY 2023 100120 54020 $1,393.20
6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - I.T. MAY 2023 100120 54020 $129.00
6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - H/R MAY 2023 100120 54020 $722.40
6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - CITY COUNCIL MAY 2023 100120 54020 $1,960.80
6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - CITY MANAGER MAY
2023
100120 54020 $1,960.80
6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - D/B VILLAGE HOA MAY
2023
100120 54020 $232.20
6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - COMM DEV MAY 2023 100 22107 $283.80
6/27/2023 WOODRUFF & SMART, A
PROFESSIONAL CORPORATION
LEGAL SVCS - COMM DEV MAY 2023 100120 54020 $18,808.20
CHECK TOTAL $25,748.40
8978 6/27/2023 YUNEX LLC TS MAINTENANCE - MAY 2023 207650 55536 $5,420.00
CHECK TOTAL $5,420.00
8979 6/27/2023 ZACHARY SHIMOKAWA PHOTOGRAPHY SERVICES 100240 54900 $3,450.00
CHECK TOTAL $3,450.00
8980 7/6/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE
- TC-1
100655 52210 $112.81
CHECK TOTAL $112.81
8981 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1 DBB/TEMPLE - LS-2 100655 52210 $133.87
CHECK TOTAL $133.87
5.2.b
Packet Pg. 41
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8982 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY
CENTER - LS-2
100655 52210 $94.09
CHECK TOTAL $94.09
8983 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CYN RD -
LS-2
100655 52210 $70.57
CHECK TOTAL $70.57
8984 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS
- LS-2
100655 52210 $123.73
CHECK TOTAL $123.73
8985 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA
CYN/FALLOWFIELD - LS-2
100655 52210 $93.30
CHECK TOTAL $93.30
8986 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 S DBB - LS-2 100655 52210 $141.11
CHECK TOTAL $141.11
8987 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21010 WASHINGTON
AVE. - LS-2
100655 52210 $111.98
CHECK TOTAL $111.98
8988 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN
SPRINGS DR - LS-2
100655 52210 $89.26
CHECK TOTAL $89.26
8989 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566
GOLDEN SPRNGS - LS2
100655 52210 $210.90
CHECK TOTAL $210.90
8990 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN
SPRINGS - LS-2
100655 52210 $94.09
CHECK TOTAL $94.09
8991 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER RD -
LS-2
100655 52210 $257.35
CHECK TOTAL $257.35
8993 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN
SPRINGS - LS-2
100655 52210 $117.60
CHECK TOTAL $117.60
8994 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - VARIOUS LS-1 100655 52210 $2,236.14
CHECK TOTAL $2,236.14
5.2.b
Packet Pg. 42
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8995 7/6/2023 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON
TC1 - LS-2
100655 52210 $149.38
CHECK TOTAL $149.38
8998 7/7/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/07/2023
238 21118 $4.81
7/7/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/07/2023
239 21118 $4.81
7/7/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/07/2023
241 21118 $4.81
7/7/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/07/2023
207 21118 $13.82
7/7/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/07/2023
250 21118 $29.48
7/7/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/07/2023
206 21118 $47.89
7/7/2023 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/07/2023
100 21118 $1,708.37
CHECK TOTAL $1,813.99
8999 7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
239 21109 $186.26
7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
241 21109 $186.26
7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
238 21109 $290.10
7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
201 21109 $499.01
7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
225 21109 $537.43
7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
207 21109 $544.59
7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
206 21109 $1,848.98
5.2.b
Packet Pg. 43
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
250 21109 $2,179.57
7/7/2023 VANTAGEPOINT TRNSFR AGNTS-
303248
DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
07/07/2023
100 21109 $55,837.14
CHECK TOTAL $62,109.34
9000 7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
239 21110 $121.07
7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
241 21110 $121.07
7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
238 21110 $204.39
7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
225 21110 $215.10
7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
201 21110 $322.93
7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
207 21110 $549.06
7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
206 21110 $748.32
7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
250 21110 $1,371.46
7/7/2023 CALPERS PENSION CONTRIBUTION FOR PERIOD
06/17/23-06/30/23
100 21110 $36,383.65
CHECK TOTAL $40,037.05
9001 7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 239 21106 $191.97
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 241 21106 $191.97
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 100220 50062 $205.16
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 201 21106 $333.54
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 238 21106 $383.90
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 225 21106 $444.08
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 206 21106 $606.56
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 250 21106 $1,088.57
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 207 21106 $1,193.87
5.2.b
Packet Pg. 44
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 105220 50048 $1,510.00
7/7/2023 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2023 100 21106 $52,888.95
CHECK TOTAL $59,038.57
9002 7/11/2023 4IMPRINT INC REUSABLE WATER BOTTLES 250170 51200 $1,780.49
CHECK TOTAL $1,780.49
9003 7/11/2023 AARON STANLEY TALALAY INSTRUCTOR PAYMENT - PICKLEBALL -
SUM 23
100520 55320 $535.50
CHECK TOTAL $535.50
9004 7/11/2023 AARP AARP INSTRUCTION 100520 55310 $100.00
CHECK TOTAL $100.00
9005 7/11/2023 ABOUND FOOD CARE CITY COUNCIL APPROVED-FOOD
RECOVERY SERVICES
250170 54900 $1,632.35
CHECK TOTAL $1,632.35
9006 7/11/2023 AFLAC SUPP INSURANCE PREMIUM JUNE 2023 201 21117 $6.02
7/11/2023 AFLAC SUPP INSURANCE PREMIUM JUNE 2023 207 21117 $39.57
7/11/2023 AFLAC SUPP INSURANCE PREMIUM JUNE 2023 250 21117 $55.17
7/11/2023 AFLAC SUPP INSURANCE PREMIUM JUNE 2023 206 21117 $95.92
7/11/2023 AFLAC SUPP INSURANCE PREMIUM JUNE 2023 100 21117 $1,333.06
CHECK TOTAL $1,529.74
9007 7/11/2023 ALL CITY MANAGEMENT
SERVICES INC
CROSSING GUARD SERVICES - 4/16/23-
4/29/23
100310 55412 $14,073.60
CHECK TOTAL $14,073.60
9008 7/11/2023 ALLIANT INSURANCE SERVICES
INC
INSURANCE FOR SUMMER PAPER
SHREDDING EVENTS
250170 57220 $438.00
7/11/2023 ALLIANT INSURANCE SERVICES
INC
ACIP CRIME RENEWAL - FY 23/24 501220 57200 $2,085.00
CHECK TOTAL $2,523.00
9009 7/11/2023 ANUVU OPERATIONS LLC (FKA
GLOAL EAGLE OPCO LLC)
MOVIE FOR 7.5.23 100520 55300 $475.00
CHECK TOTAL $475.00
9010 7/11/2023 ARAMARK UNIFORM & CAREER
APPAREL GROUP INC
STAFF SHIRTS (PARKS & FACILITIES) FY22-
23
100630 51200 $216.72
5.2.b
Packet Pg. 45
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $216.72
9011 7/11/2023 NAILA ASAD BARLAS STIPEND-PC MTG 5/23/23 100410 52525 $65.00
7/11/2023 NAILA ASAD BARLAS STIPEND-PC MTG 6/13/23 100410 52525 $65.00
CHECK TOTAL $130.00
9012 7/11/2023 BARR & CLARK INC CDBG HIP 293 PROJ-ASBESTOS
ABATEMENT-21233 BRONCO
225440 54900 $550.00
7/11/2023 BARR & CLARK INC CDBG HIP293 PROJ-21233 BRONCO 225440 54900 $585.00
7/11/2023 BARR & CLARK INC CDBG HIP294 PROJ-2954 RISING STAR-
ASBESTOS ABATEMENT
225440 54900 $585.00
7/11/2023 BARR & CLARK INC CDBG HIP294 PROJ-2954 RISING STAR-
ASBESTOS INSPECT
225440 54900 $550.00
7/11/2023 BARR & CLARK INC CDBG HIP294 PROJ-2954 RISING STAR-
ASBESTOS INSPECT
225440 54900 $550.00
CHECK TOTAL $2,820.00
9013 7/11/2023 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (JUNE)
FY22-23
100510 55300 $107.00
7/11/2023 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (JUNE)
FY22-23
100630 52320 $139.00
7/11/2023 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (JUNE)
FY22-23
100620 52320 $364.00
CHECK TOTAL $610.00
9014 7/11/2023 JOHN E BISHOP INSTRUCTOR PAYMENT - MARTIAL ARTS -
WS 23
100520 55320 $240.00
CHECK TOTAL $240.00
9015 7/11/2023 BRIAN MARTINEZ PHOTOGRAPHY CONCERTS 7/5/23 100240 52130 $390.00
CHECK TOTAL $390.00
9016 7/11/2023 CALIFORNIA STATE
DISBURSEMENT UNIT
M. HAWKINS II REMIT #200000001825436
LOC #600099
100 23199 $192.86
CHECK TOTAL $192.86
9017 7/11/2023 CALIFORNIA CONTRACT CITIES
ASSOCIATION
MEMBERSHIP DUES FY 2023/2024 100130 52400 $6,100.00
CHECK TOTAL $6,100.00
9018 7/11/2023 CALIFORNIA JPIA ANNL CONTRIBUTION FY 23/24 100 21112 $160,770.00
7/11/2023 CALIFORNIA JPIA ANNL CONTRIBUTION FY 23/24 501220 57210 $539,396.00
5.2.b
Packet Pg. 46
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/11/2023 CALIFORNIA JPIA ALL RISK PROPERTY INS PROG FY 23/24 501220 57202 $64,053.00
CHECK TOTAL $764,219.00
9019 7/11/2023 CANNON CORPORATION PLAN CHECKS - LAND DEV - THRU MAY
2023
100 22109 $48.50
7/11/2023 CANNON CORPORATION PLAN CHECKS - LAND DEV - THRU MAY
2023
100 22109 $172.25
7/11/2023 CANNON CORPORATION PLAN CHECKS - ON-CALL ENGR - THRU
MAY 2023
100615 54420 $534.63
CHECK TOTAL $755.38
9020 7/11/2023 CHICAGO TITLE COMPANY CDBG HIP293 PROJ-21233 BRONCO-
TITLE RECORDING FEES
225440 54900 $109.00
CHECK TOTAL $109.00
9021 7/11/2023 COCO SUTZE CHENG INSTRUCTOR PAYMENT - FITNESS - SUM
23
100520 55320 $96.00
CHECK TOTAL $96.00
9022 7/11/2023 CODING MINDS INC INSTRUCTOR PAYMENT - COMPUTERS -
SUM 23
100520 55320 $423.00
CHECK TOTAL $423.00
9023 7/11/2023 CORCINO PRODUCTIONS INC VIDEOTAPING OF JUNE 22, 2023
CONCERT IN THE PARK
100240 54900 $1,175.00
7/11/2023 CORCINO PRODUCTIONS INC VIDEOTAPING OF JUNE 28 CONCERT IN
THE PARK
100240 54900 $1,175.00
7/11/2023 CORCINO PRODUCTIONS INC VIDEOTAPING OF JULY 5 CONCERTS IN
THE PARK-DARDEN
100240 55000 $1,175.00
CHECK TOTAL $3,525.00
9024 7/11/2023 CT & T CONCRETE PAVING INC ROAD MAINTENANCE (RONALD
REAGAN) FY 22-23
100655 55512 $8,900.00
CHECK TOTAL $8,900.00
9025 7/11/2023 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR-CODE
ENFORCEMENT-MAY 2023
100120 54024 $1,749.55
CHECK TOTAL $1,749.55
9026 7/11/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2023
206 21105 $0.96
7/11/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2023
207 21105 $0.96
7/11/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2023
250 21105 $1.96
5.2.b
Packet Pg. 47
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/11/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2023
225 21105 $7.88
7/11/2023 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2023
100 21105 $161.20
CHECK TOTAL $172.96
9027 7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
225 21105 $7.64
7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
239 21105 $18.22
7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
241 21105 $18.22
7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
238 21105 $33.70
7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
201 21105 $46.38
7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
207 21105 $96.81
7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
206 21105 $102.87
7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
250 21105 $135.28
7/11/2023 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2023
100 21105 $4,567.53
CHECK TOTAL $5,026.65
9028 7/11/2023 ELIZABETH DARDEN BAND PERFORMANCE AT CONCERTS
7.5.23
100520 55300 $1,700.00
CHECK TOTAL $1,700.00
9029 7/11/2023 EXTERIOR PRODUCTS CORP RECREATION (WINDMILL BOW) FY 22-23 100520 55300 $6,999.98
7/11/2023 EXTERIOR PRODUCTS CORP RECREATION (DBC FLAGS) FY 22/23 100520 55300 $1,499.61
CHECK TOTAL $8,499.59
9030 7/11/2023 FEDERAL EXPRESS
CORPORATION
EXPRESS MAIL - GENERAL 100210 51200 $30.97
CHECK TOTAL $30.97
9031 7/11/2023 FIDUCIARY EXPERTS LLC FIDUCIARY OVERSIGHT QUARTERLY FEE 100220 54900 $2,000.00
CHECK TOTAL $2,000.00
5.2.b
Packet Pg. 48
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9032 7/11/2023 FRANCOISE S ZAMBRA INSTRUCTOR PAYMENT - PILATES - SUM
23
100520 55320 $240.00
CHECK TOTAL $240.00
9033 7/11/2023 FRONTIER COMMUNICATIONS
CORP
SUMMARY BILL - INTERNET SERVICE - JUN
2023
100230 54030 $387.03
CHECK TOTAL $387.03
9034 7/11/2023 GERALDINE KELLER INSTRUCTOR PAYMENT - CULINARY -
SUM 23
100520 55320 $144.00
CHECK TOTAL $144.00
9035 7/11/2023 WOODS MAINTENANCE
SERVICES INC
GRAFFITI ABATEMENT JUNE 2023 100430 55540 $2,975.00
CHECK TOTAL $2,975.00
9036 7/11/2023 HAILE BLACKMAN BAND PERFORMANCE AT CONCERTS
7.12.23
100520 55300 $1,800.00
CHECK TOTAL $1,800.00
9037 7/11/2023 HEATHER JEN CHANG CONTRACT CLASS- ART CLASSES 100520 55320 $1,128.00
CHECK TOTAL $1,128.00
9038 7/11/2023 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE FY22-23 238638 52320 $142.14
7/11/2023 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE FY22-23 100630 52320 $204.93
CHECK TOTAL $347.07
9039 7/11/2023 HONEYCOTT INC BUILDING MAINTENANCE (CITY HALL) FY
22-23
100620 52320 $595.00
CHECK TOTAL $595.00
9040 7/11/2023 HOPSCOTCH PRESS INC DBC FEATURED AD AUG-DEC 2023 100510 52160 $2,250.00
CHECK TOTAL $2,250.00
9041 7/11/2023 HUMANE SOCIETY OF POMONA
VALLEY INC
FY24 SPONSORSHIP - DOG LEG CLASSIC
- 2 TEE SIGNS
101110 52600 $400.00
CHECK TOTAL $400.00
9042 7/11/2023 ITERIS INC ON-CALL - CITYWIDE TS TIMING
SERVICES - MAY 2023
207650 54410 $8,717.47
CHECK TOTAL $8,717.47
9043 7/11/2023 J & J'S SPORTS & TROPHIES STAFF WORK SHIRTS EMBROIDERY
(PARKS) FY22-23
100630 51200 $1,280.28
CHECK TOTAL $1,280.28
5.2.b
Packet Pg. 49
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9044 7/11/2023 JOHN L HUNTER & ASSOC INC NPDES SERVICES - APR 2023 201610 54200 $504.91
7/11/2023 JOHN L HUNTER & ASSOC INC NPDES SERVICES - LID PLAN REVIEW -
2485 S DBB
100 22107 $1,067.00
7/11/2023 JOHN L HUNTER & ASSOC INC NPDES SERVICES - LAND DEV - APR 2023 100 22109 $60.00
7/11/2023 JOHN L HUNTER & ASSOC INC NPDES SERVICES - LAND DEV - APR 2023 100 22109 $159.60
7/11/2023 JOHN L HUNTER & ASSOC INC NPDES SERVICES - LAND DEV - APR 2023 100 22109 $219.60
7/11/2023 JOHN L HUNTER & ASSOC INC NPDES SERVICES - APR 2023 201610 54200 $219.60
CHECK TOTAL $2,230.71
9045 7/11/2023 KENS HARDWARE PARK MAINTENANCE - FY 22-23 100630 52320 $64.33
7/11/2023 KENS HARDWARE BUILDING MAINTENANCE (DISTRICT 39)
FY 22-23
239639 52320 $5.44
7/11/2023 KENS HARDWARE BUILDING MAINTENANCE (DISTRICT 39)
FY 22-23
239639 52320 $44.42
7/11/2023 KENS HARDWARE BUILDING MAINTENANCE (DISTRICT 39)
FY 22-23
239639 52320 $10.94
7/11/2023 KENS HARDWARE PARKS MAINTENANCE (PANTERA) FY 22-
23
100630 52320 $5.03
CHECK TOTAL $130.16
9046 7/11/2023 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES FY 2023-2024 100130 52400 $1,412.25
CHECK TOTAL $1,412.25
9047 7/11/2023 LIEBERT CASSIDY WHITMORE LEGAL PROFESSIONAL SERVICES 100220 54900 $722.50
7/11/2023 LIEBERT CASSIDY WHITMORE ERC MEMBERSHIP FEE 100220 52400 $4,270.00
CHECK TOTAL $4,992.50
9048 7/11/2023 LOPEZ RAMIREZ ROOFING INC HIP 293 - 21233 BRONCO LN RETENTION 225 29004 $1,875.00
CHECK TOTAL $1,875.00
9049 7/11/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF GEN LAW 05/2023 100310 55400 $606,209.58
7/11/2023 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF CAV CHAPEL 05-2023 100310 55402 $9,889.88
CHECK TOTAL $616,099.46
9050 7/11/2023 LOS ANGELES UNIFIED SCHOOL
DISTRICT
BILINGUAL EXAM FEE 100220 54900 $90.00
CHECK TOTAL $90.00
5.2.b
Packet Pg. 50
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9051 7/11/2023 MAHENDRA GARG STIPEND-PC MTG 5/23/23 100410 52525 $65.00
7/11/2023 MAHENDRA GARG STIPEND-PC MTG 6/13/23 100410 52525 $65.00
CHECK TOTAL $130.00
9052 7/11/2023 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY
PREP. IN JULY 2023
100350 52300 $78.75
CHECK TOTAL $78.75
9053 7/11/2023 MOSS CONSULTING CDBG HIP ADMIN FEES-APR MAY JUNE
23-PARTIAL PMT
225440 54900 $4,480.00
CHECK TOTAL $4,480.00
9054 7/11/2023 MV CHENG & ASSOCIATES INC CONSULTANT SVCS - FINANCE DEPT
MAY 2023
100210 54900 $4,335.00
CHECK TOTAL $4,335.00
9055 7/11/2023 NICHOLS CONSULTING
ENGINEERS, CHTD
AREA 3-4-5 REHAB/ADA CURB RAMP
PROJ - THRU 6/9/23
301610 56101 $17,171.65
CHECK TOTAL $17,171.65
9056 7/11/2023 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $201.00
CHECK TOTAL $201.00
9057 7/11/2023 ONE TIME PAY VENDOR ABARI ORTHODONTICS
DENTAL OFFICE INC
FACILITY REFUND 100 20202 $500.00
CHECK TOTAL $500.00
9058 7/11/2023 ONE TIME PAY VENDOR ARACELI LAYGO SEIF RECREATION CLASS REFUND 100 20202 $29.60
CHECK TOTAL $29.60
9059 7/11/2023 ONE TIME PAY VENDOR BAPS FACILITY REFUND 100 20202 $200.00
CHECK TOTAL $200.00
9060 7/11/2023 ONE TIME PAY VENDOR CHIYU YANG RECREATION CLASS REFUND 100 20202 $29.60
CHECK TOTAL $29.60
9061 7/11/2023 ONE TIME PAY VENDOR DINA ELHAWARY RECREATION CLASS REFUND 100 20202 $29.60
CHECK TOTAL $29.60
9062 7/11/2023 ONE TIME PAY VENDOR HOLLY CHOA PICNIC REFUND 100 20202 $100.00
CHECK TOTAL $100.00
9063 7/11/2023 ONE TIME PAY VENDOR JASON COVINGTON RECREATION CLASS REFUND 100 20202 $14.80
5.2.b
Packet Pg. 51
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $14.80
9064 7/11/2023 ONE TIME PAY VENDOR JENNIFER AYALA PICNIC REFUND 100 20202 $100.00
CHECK TOTAL $100.00
9065 7/11/2023 ONE TIME PAY VENDOR JENNIFER HUANG RECREATION CLASS REFUND 100 20202 $21.25
CHECK TOTAL $21.25
9066 7/11/2023 ONE TIME PAY VENDOR JENNY LAI PICNIC REFUND 100 20202 $100.00
CHECK TOTAL $100.00
9067 7/11/2023 ONE TIME PAY VENDOR JOANN ROMERO RECREATION CLASS REFUND 100 20202 $184.00
CHECK TOTAL $184.00
9068 7/11/2023 ONE TIME PAY VENDOR KATRINA DANIELS PARK REFUND 100 20202 $200.00
CHECK TOTAL $200.00
9069 7/11/2023 ONE TIME PAY VENDOR KIWANIS CLUB OF
DIAMOND BAR
PARK REFUND 100 20202 $200.00
CHECK TOTAL $200.00
9070 7/11/2023 ONE TIME PAY VENDOR LASHAE HENDERSON PICNIC REFUND 100 20202 $100.00
CHECK TOTAL $100.00
9071 7/11/2023 ONE TIME PAY VENDOR LUIS GONZALEZ FACILITY REFUND 100 20202 $1,250.00
CHECK TOTAL $1,250.00
9072 7/11/2023 ONE TIME PAY VENDOR OMAIMAH JAARA FACILITY REFUND 100 20202 $235.00
CHECK TOTAL $235.00
9073 7/11/2023 ONE TIME PAY VENDOR SOCIAL MODEL
RECOVERY SYSTEMS
FACILITY REFUND 100 20202 $980.00
CHECK TOTAL $980.00
9074 7/11/2023 ONE TIME PAY VENDOR WAYNE LEE PICNIC REFUND 100 20202 $216.27
CHECK TOTAL $216.27
9075 7/11/2023 ONE TIME PAY VENDOR YANG XU PICNIC REFUNDS 100 20202 $200.00
CHECK TOTAL $200.00
9076 7/11/2023 OPENGOV INC ANNUAL SOFTWARE AGREEMENT -
BUDGET DEV & REPORTING
100230 52314 $22,450.00
CHECK TOTAL $22,450.00
5.2.b
Packet Pg. 52
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9077 7/11/2023 OREGON DEPARTMENT OF
JUSTICE
M. HAWKINS II REMIT #410000000248361
ORD#16DR05207
100 23199 $192.86
CHECK TOTAL $192.86
9078 7/11/2023 PAPER RECYCLING &
SHREDDING
CITY HALL PAPER RECYCLING
(CONSOLES)
250170 55000 $95.00
CHECK TOTAL $95.00
9079 7/11/2023 PARKWOOD LANDSCAPE
MAINTENANCE INC
ADDL' LANDSCAPE MAINTENANCE
(SUMMITRIDGE) FY22-23
100630 52320 $11,400.00
CHECK TOTAL $11,400.00
9080 7/11/2023 PBLA ENGINEERING INC DESIGN SERVICES - 4 PROJECTS INV 1 301630 56104 $1,500.00
7/11/2023 PBLA ENGINEERING INC DESIGN SERVICES - 4 PROJECTS INV 1 301630 56104 $7,425.00
7/11/2023 PBLA ENGINEERING INC DESIGN SERVICES - 4 PROJECTS INV 1 301630 56104 $16,700.00
7/11/2023 PBLA ENGINEERING INC DESIGN SERVICES - 4 PROJECTS INV 1 301630 56104 $21,850.00
CHECK TOTAL $47,475.00
9081 7/11/2023 PROTECTION ONE INC BURGLAR MONITORING (HERITAGE) FY
22-23
100630 52320 $219.30
CHECK TOTAL $219.30
9082 7/11/2023 PROTECTION ONE INC BURGLAR ALARM/PANIC BUTTON
(HERITAGE) FY 22-23
100630 52320 $169.72
CHECK TOTAL $169.72
9083 7/11/2023 QUINN RENTAL SERVICES EQUIPMENT RENTAL (DBC) FY 22-23 100630 52300 $823.06
CHECK TOTAL $823.06
9084 7/11/2023 RAYCOM DATA TECHNOLOGIES
INC
SCANNING SERVICES 100130 54900 $7,085.16
CHECK TOTAL $7,085.16
9085 7/11/2023 RAYMOND WALTER WOLFE STIPEND-PC MTG 5/23/23 100410 52525 $65.00
7/11/2023 RAYMOND WALTER WOLFE STIPEND-PC MTG 6/13/23 100410 52525 $65.00
CHECK TOTAL $130.00
9086 7/11/2023 REINBERGER CORPORATION BUSINESS CARD 100140 52110 $86.51
7/11/2023 REINBERGER CORPORATION BUSINESS CARD 100140 52110 $173.01
CHECK TOTAL $259.52
5.2.b
Packet Pg. 53
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9087 7/11/2023 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES MAY
2023
100420 55100 $48,014.72
CHECK TOTAL $48,014.72
9088 7/11/2023 ROBERT BALDWIN BAND PERFORMANCE AT CONCERTS
6.28.23
100520 55300 $1,800.00
CHECK TOTAL $1,800.00
9089 7/11/2023 ROCKIN JUMP SAN DIMAS
ENTERPRISE LLC
SUMMER DAY CAMP EXCURSION 100520 53520 $1,000.00
CHECK TOTAL $1,000.00
9090 7/11/2023 ROSS CREATIONS SOUND SERVICES FOR 6.28.23
CONCERTS
100520 55300 $1,585.00
CHECK TOTAL $1,585.00
9091 7/11/2023 RUBEN TORRES STIPEND-PC MTG 5/9/23 100410 51200 $65.00
7/11/2023 RUBEN TORRES STIPEND-PC MTG 5/23/23 100410 52525 $65.00
7/11/2023 RUBEN TORRES STIPEND-PC MTG 6/13/23 100410 52525 $65.00
CHECK TOTAL $195.00
9092 7/11/2023 SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
ANNL MEMBERSHIP DUES-FY 23/24 100130 52400 $6,469.49
7/11/2023 SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
ANNL MEMBERSHIP DUES-FY 23/24 206650 52400 $20,000.00
CHECK TOTAL $26,469.49
9093 7/11/2023 SAN GABRIEL VALLEY
ECONOMIC PARTNER
MEMBERSHIP DUES 4/1/23-3/31/24 100150 52400 $5,250.00
CHECK TOTAL $5,250.00
9094 7/11/2023 SAN GABRIEL VALLEY REGIONAL
HOUSING TRUST
MEMBERSHIP DUES - FY 23/24 100130 52400 $15,971.21
CHECK TOTAL $15,971.21
9095 7/11/2023 SANTA BARBARA
TRANSPORTATION CORP
BUS TRANSPORTATION FOR DAY CAMP
ON 6.20.2023
206520 55315 $472.95
7/11/2023 SANTA BARBARA
TRANSPORTATION CORP
BUS TRANSPORTATION FOR DAY CAMP
ON JUNE 27, 2023
206520 55315 $548.62
7/11/2023 SANTA BARBARA
TRANSPORTATION CORP
BUS TRANSPORTATION FOR DAY CAMP
ON JUNE 29, 2023
206520 55315 $472.95
7/11/2023 SANTA BARBARA
TRANSPORTATION CORP
BUS TRANSPORTATION FOR DAY CAMP
ON JUNE 22, 2023
206520 55315 $472.95
5.2.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 $1,967.47
9096 7/11/2023 SKYHAWKS SPROTS ACADEMY
LLC
INSTRUCTOR PAYMENTS - SPORTS - SUM
23
100520 55320 $567.00
CHECK TOTAL $567.00
9097 7/11/2023 SO COAST AIR QUALITY MGT
DISTRICT
FACILITY LEASE IN JULY 2023 100130 52302 $2,623.01
CHECK TOTAL $2,623.01
9098 7/11/2023 SOL SHINE PRODUCTIONS MOVIE SCREEN RENTALS FOR JUNE 2023 100520 55300 $5,235.00
CHECK TOTAL $5,235.00
9099 7/11/2023 SOUTHERN CALIFORNIA
ASSOCIATION OF
GOVERNMENTS
MEMBERSHIP FOR FY 2023-2024 100130 52400 $6,736.00
CHECK TOTAL $6,736.00
9100 7/11/2023 SPECTRUM BUSINESS SUMMARY BILL - CABLE/INTERNET/CITY
HALL JUN 2023
100230 54030 $1,727.81
7/11/2023 SPECTRUM BUSINESS CABLE TV SERVICE - DBC - JUN 2023 100230 54030 $127.15
CHECK TOTAL $1,854.96
9101 7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
239 21107 $1.99
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
241 21107 $1.99
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
238 21107 $3.32
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
239 21113 $7.53
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
241 21113 $7.53
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
225 21107 $7.82
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
207 21107 $10.81
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
238 21113 $12.98
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
225 21113 $15.21
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
201 21113 $17.68
5.2.b
Packet Pg. 55
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
206 21107 $22.75
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
201 21107 $25.36
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
207 21113 $35.41
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
206 21113 $46.37
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
250 21107 $46.49
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
250 21113 $85.18
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
100 21107 $1,525.66
7/11/2023 STANDARD INSURANCE
COMPANY
LIFE/SUPP LIFE/LTD/STD INSURANCE
PREMIUM JULY 2023
100 21113 $2,191.47
CHECK TOTAL $4,065.55
9102 7/11/2023 SWANK MOTION PICTURES INC MOVIE SHOWN ON 6.28.23 100520 55300 $685.00
7/11/2023 SWANK MOTION PICTURES INC MOVIE SHOWN ON 6.21.23 100520 55300 $685.00
CHECK TOTAL $1,370.00
9103 7/11/2023 SYMPRO INC ANNL MAINT - FY 23/24 100230 52314 $6,265.18
CHECK TOTAL $6,265.18
9104 7/11/2023 TALENTED ARTS CONTRACT CLASS -PERFORMING ARTS 100520 55320 $540.00
CHECK TOTAL $540.00
9105 7/11/2023 TALEWISE LLC SUMMER DAY CAMP ENTERTAINMENT 100520 55315 $375.00
CHECK TOTAL $375.00
9106 7/11/2023 TASC FSA FEES 100220 52515 $125.25
CHECK TOTAL $125.25
9107 7/11/2023 TENNIS ANYONE INC TENNIS INSTRUCTION 100520 55320 $9,786.98
CHECK TOTAL $9,786.98
9108 7/11/2023 THE CITY OF DIAMOND BAR
COMMUNITY FOUNDATION
FY 24 BEERFEST "ON THE LAWN" - (2)
SCHOONER LEVEL
101110 52600 $500.00
CHECK TOTAL $500.00
5.2.b
Packet Pg. 56
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9109 7/11/2023 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LGL AD-TOWN CTR EIR SCOPING MTG-
6/8/23
100410 52160 $366.79
7/11/2023 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LGL AD-TOWN CTR EIR SCOPING MTG-
6/8/23
103410 52160 $786.00
CHECK TOTAL $1,152.79
9110 7/11/2023 THE SAUCE CREATIVE SERVICES
INC
STAGE BANNER FOR SPECIAL EVENTS 100520 52110 $602.01
CHECK TOTAL $602.01
9111 7/11/2023 THE TAIT GROUP INC PS - ENGR/VARIOUS TRAFFIC RELATED
PROJ - JUN 2023
100615 54410 $1,000.00
CHECK TOTAL $1,000.00
9112 7/11/2023 TIMOTHY D BOWEN CONTRACT CLASSES - LEGO CAMPS 100520 55320 $1,521.00
CHECK TOTAL $1,521.00
9113 7/11/2023 TRIFYTT SPORTS LLC CONTRACT CLASS INSTRUCTOR-YOUTH
SPORTS
100520 55320 $751.80
7/11/2023 TRIFYTT SPORTS LLC CONTRACT CLASS INSTRUCTOR-YOUTH
SPORTS
100520 55320 $1,181.40
CHECK TOTAL $1,933.20
9114 7/11/2023 TUCKER TIRE COMPANY INC VEHICLE MAINT (LIC 1533087) FY 22-23 502130 52312 $727.02
CHECK TOTAL $727.02
9115 7/11/2023 ULINE INC SUPPLIES - CITY MANAGER 100350 51200 $848.85
CHECK TOTAL $848.85
9116 7/11/2023 UNITED SITE SERVICES OF
CALIFORNIA INC
PORTABLE RESTROOM RENTAL 6.21.23 100520 55300 $1,045.73
CHECK TOTAL $1,045.73
9117 7/11/2023 US BANK CALCARD STATEMENT - JUNE 2023 999 28100 $28,823.11
CHECK TOTAL $28,823.11
9118 7/11/2023 VERIZON WIRELESS WIRELESS PHONE SERVICE - 5/17/23-
6/16/23
100230 52200 $2,031.84
CHECK TOTAL $2,031.84
9119 7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 239 21108 $6.61
7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 241 21108 $6.61
7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 238 21108 $12.16
5.2.b
Packet Pg. 57
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 201 21108 $12.95
7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 225 21108 $13.12
7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 207 21108 $37.34
7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 250 21108 $50.30
7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 206 21108 $64.78
7/11/2023 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2023 100 21108 $1,715.06
CHECK TOTAL $1,918.93
9120 7/11/2023 WALNUT VALLEY UNIFIED
SCHOOL DISTRICT
GYM FACILITY RENTAL ADULT
VOLLEYBALL
100520 52302 $727.65
CHECK TOTAL $727.65
9121 7/11/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100620 51200 $322.13
7/11/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY22-23 100620 51200 $357.71
7/11/2023 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE) FY22-
23
100630 51200 $35.08
CHECK TOTAL $714.92
9122 7/11/2023 WEST COAST ARBORISTS INC CITYWIDE TREE MAINT (06.01.23 -
06.15.23) FY 22-23
100645 55522 $24,196.85
CHECK TOTAL $24,196.85
9123 7/11/2023 WILLDAN GEOTECHNICAL TTM 54081 - CROOKED CREEK - THRU
4/28/23
100 22109 $1,560.00
CHECK TOTAL $1,560.00
9124 7/11/2023 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2930 STEEPLECHASE
THRU 4/28/23
100 22109 $840.00
CHECK TOTAL $840.00
9125 7/11/2023 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG 5/23/23 100410 52525 $65.00
7/11/2023 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG 6/13/23 100410 52525 $65.00
CHECK TOTAL $130.00
9126 7/11/2023 WRIGHT CONSTURCTION
ENGINEERING CORP
D/B COMM CENTER SLOPE
STABILIZATION
301 29004 $138.38
7/11/2023 WRIGHT CONSTURCTION
ENGINEERING CORP
D/B COMM CENTER SLOPE
STABILIZATION
301 29004 $300.00
7/11/2023 WRIGHT CONSTURCTION
ENGINEERING CORP
D/B COMM CENTER SLOPE
STABILIZATION
301 29004 $12,231.03
5.2.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 $12,669.41
9127 7/11/2023 YOUTH EVOLUTION ACTIVITIES CONTRACT CLASS-YOUTH SPORT
INSTRUCTOR
100520 55320 $2,572.20
CHECK TOTAL $2,572.20
9128 7/11/2023 YUNEX LLC TS MAINT/CALL-OUTS - MAY 2023 207650 55536 $6,448.50
7/11/2023 YUNEX LLC TS MAINT/REPAIR - GOLDEN
SPRINGS/PROS - MAY 2023
207650 55536 $3,162.14
CHECK TOTAL $9,610.64
GRAND TOTAL $2,841,694.99
5.2.b
Packet Pg. 59
Agenda #: 5.3
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PURCHASE ORDER WITH DIRECT CONNECTION FOR PRINTING
AND MAILING SERVICES FOR THE CITY NEWSLETTER AND
RECREATION BROCHURE THROUGH JUNE 30, 2024.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the City Manager to sign, a Purchase Order with Direct
Connection in a not-to-exceed amount of $65,967.
FINANCIAL IMPACT
The total not-to-exceed amount of the Agreement for Fiscal Year 2023-2024 would be
$65,967. Sufficient funds are included in the printing budget of the City’s Community
Relations Division adopted FY23-24 budget to cover these expenditures.
BACKGROUND
The City’s monthly newsletter, Diamond Bar Connection, is a valuable communication
tool used to keep residents and businesses informed about City projects, programs and
services. Diamond Bar Connection is produced as a four-page publication five times a
year, expanded to a six-pager four times a year, and increased to 32 pages in April,
August and December to include the seasonal recreation guide. It is mailed to
approximately 22,100 Diamond Bar residential and business addresses, with extra
copies printed for placement on information racks in various City facilities and
distribution at City special events.
ANALYSIS
In order to continue printing and mailing the City newsletter and recreation guide, the
Community Relations Division solicited proposals from qualified commercials printers
through the PlanetBids portal. Five printers responded to the request for proposals, with
5.3
Packet Pg. 60
the lowest responsive bid received from Direct Connection. The total expenditure
requested for printing and mailing of Diamond Bar Connection newsletter for fiscal year
2023-24 is $65,967, which covers the bid price of $59,970 plus a 10 percent
contingency. Direct Connection is a full-service printing, bindery and mail service
provider located in La Verne, California. They have been printing the City’s newsletter
since August 2020.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.3.a FY 2024 Newsletter Rec Guide Printing Quotation Worksheet and Quote
Packet 7-3-2023
5.3
Packet Pg. 61
Marsha Roa
Phone Number:
1
Address
2
Address
3
Address
Description:Quantity:Unit Price:Unit Price Unit Price
4-Page
Newsletter 5 $ 2,540.00 $ 3,260.23 $ 2,960.00
6-Page
Newsletter 4 $ 3,597.50 $ 4,762.97 $5,500.00
32-Page
Rec Guide 3 $ 10,960.000 $ 10,808.54 $ 19,550.00
Subtotal:Subtotal:Subtotal:
Freight:Freight:Freight:
Sales Tax:Sales Tax:Sales Tax:
TOTAL:TOTAL:TOTAL:59,970.00$ 67,778.65$ 95,450.00$
59,970.00$ 67,778.65$ 95,450.00$
-$ -$ -$
32,880.00$ 32,425.62$ 58,650.00$
12,700.00$ 16,301.15$ 14,800.00$
14,390.00$ 19,051.88$ 22,000.00$
BID/QUOTE TABULATION
DIRECT CONNECTION iCOLOR PRINTING & MAILING FUSEBOX ONE
Total:Total:Total:
FUSEBOX ONE 6/28/2023 360-901-6199
4255 109TH STREET, URBANDALE, IOWA 50322 Contact:ROXANNA DOWNING
13000 S. BROADWAY, LOS ANGELES, CA 90061 Contact:SAMEER KHAN
iCOLOR PRINTING & MAILING 6/28/2023 310-997-1452
DIRECT CONNECTION 6/12/2023 909-392-2334
1538 ARROW HIGHWAY, LA VERNE, CA 91750 Contact:CHRIS HODGMAN
Description of Item(s) or Service(s):Quantity:
Printing and mailing services for fiscal year 2024 - five 4-page newsletters, four 6-page newsletters, and three 32-page
recreation guides
Vendor Name Date of Quote Method (email/fax/phone)
Extension:7055 Date:7/3/23
Account Number: 001-4095-42110
City of Diamond Bar
BID /QUOTATION WORKSHEET FORM
Attach Written Bids from Vendors To This Form
Employee Name:Dept./Div.:Community Relations
5.3.a
Packet Pg. 62
Marsha Roa
Phone Number:
4
Address
5
Address
Description:Quantity:Unit Price:Unit Price
4-Page
Newsletter 5 $ 4,916.00 $ 7,564.19
6-Page
Newsletter 4 $ 6,752.00 $ 11,730.32
32-Page
Rec Guide 3 $ 19,397.00 $ 33,559.32
Data
Processing
Subtotal:Subtotal:
Data
Processing
Sales Tax:Sales Tax:
TOTAL:TOTAL:
-$
City of Diamond Bar
Employee Name:Dept./Div.:
Extension:Date:
900.00$
Attach Written Bids from Vendors To This Form
27,008.00$
37,820.96$
8,561.97$
205,418.01$
186,320.19$
BID /QUOTATION WORKSHEET FORM
118,340.97$
Total:
58,191.00$
109,779.00$
24,580.00$
100,677.96$
46,921.28$
Vendor Name Date of Quote
909-595-11086/28/2023
6/28/2023
Contact:
Method (email/fax/phone)
19,097.82$
ISHKASTER MEDIA
20268 CARREY ROAD, WALNUT, CA 91789
1947 S. MYRTLE AVENUE, MONROVIA CA 91016
Total:
626-428-2327
Description of Item(s) or Service(s):
Printing and mailing services for fiscal year 2024 - five 4-page newsletters, four 6-page newsletters, and three 32-page
recreation guides
YAMIT RATANJEE
DAY AND NITE PUBLISHING
Community Relations
Quantity:
Account Number: 001-4095-42110
JONATHAN DAMContact:
BID/QUOTE TABULATION
DAY AND NITE PUBLISHING ISHKASTER MEDIA
7/3/23
5.3.a
Packet Pg. 63
1538 ARROW HWY. • LA VERNE • CA 91750 • (909) 392-2334 • FAX (909) 392-2339
Vendor 'LUHFW&RQQHFWLRQ0DLOLQJ
Address $UURZ+Z\/D9HUQH&D
Representative Name &KULVWRSKHU+RGJPDQ
Phone Emai &KULV#'LUHFW&RQQHFWLRQ0DLlFRP
Description Quantity Monthly Price 5 Month Total
4 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Description Quantity Monthly Price 4 Month Total
6 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Page 1 of 2
CITY NEWSLETTER - 4 PAGE ISSUE
City of Diamond Bar
Request for BID - BIDSHEET
Printing and Mailing of City Newsletter and Recreation Guide
Deadline for submissions: -XQHWK
CITY NEWSLETTER - 6 PAGE ISSUE
$2,025.00
$50.00
$2,075.00
$90.00
$50.00
$325.00
$2,540.00 $12,700.00
$3,037.50
$50.00
$3,087.50
$135.00
$50.00
$325.00
$3,597.50 $14.390.00
5.3.a
Packet Pg. 64
1538 ARROW HWY. • LA VERNE • CA 91750 • (909) 392-2334 • FAX (909) 392-2339
City of Diamond Bar
Request for BID - BIDSHEET
Printing and Mailing of City Newsletter and Recreation Guide
Description Quantity Monthly Price 3 Month Total
32 Page Recreation Guide 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Annual Grand Total
Description Each/Days Hourly Total
How many proofs included?
Cost for additional proof?
Timeline for delivery to post office
after final approval for newsletter
Total Cost
Representative Signature Date
Page 2 of 2
ADDITIONAL FEES FOR NEWSLETTER
Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges.
CITY NEWSLETTER - 32 PAGE ISSUE
$9,225.00
$60.00
$9,285.00
$1,025.00
$50.00
$600.00
$10,960.00 $32,880.00
$59,970.00
One
$0.00
5-7 biz days
$59,970.00
Christopher Hodgman June 12th, 2023
5.3.a
Packet Pg. 65
Invoices Day and Nite Publishing
Printing $16,615.00
Newsletter - 4 page (5 times per year) - Pricing is for PRINT ONLY and
PER ORDER.
11 x 17 folded to 8.5 x 11
Qty printed 22,500,Qty mailed 20,307
Mailing Services $7,965.00
Mailing Services - bundle,sack, ling paperwork with USPS and delivery
to post of ce.
Postage is additional.
Printing $20,636.00
Newsletter - 6 page
times per year) - Pricing is for PRINT ONLY and
PER ORDER.
25.5 x 11 folded to 8.5 x 11
Qty printed 22,500,Qty mailed 20,307
Mailing Services $6,372.00
Dayand NitePublishing
NewsletterMailings
Estimate #100128
Estimate date
June 28, 2023
Estimate expiration date
Never
Customer
Cecilia Arellano
City of Diamond Bar
carellano@diamondbarca.gov
909-839-7056
21810 Copley Drive
Diamond Bar, CA
Message
We look forward to working with you.
- 4
5.3.a
Packet Pg. 66
Mailing Services - bundle,sack, ling paperwork with USPS and delivery
to post of ce.
Postage is additional.
Printing $52,875.00
Newsletter - 32 page self cover (3 times per year) - Pricing is for PRINT
ONLY and PER ORDER.
11 x 17 folded to 8.5 x 11
Qty printed 25,000,Qty mailed 20,307
Mailing Services $5,316.00
Mailing Services - bundle,sack, ling paperwork with USPS and delivery
to post of ce.
Postage is additional.
Subtotal $109,779.00
Sales Tax $8,561.97
Total $118,340.97
Day and Nite Publishing
20268 Carrey Rd., Walnut, CA 91789
909-595-1108
info@dayandnite.com
5.3.a
Packet Pg. 67
City of Diamond Bar Connection Newsletter RFQ- FBO
CMS Marketing LLC Dba FuseBox One
PRIMARY CONTACT: Roxanna Downing, VP Sales
360 901-6199
rdowning@fuseboxone.com
PRIMARY BUSINESS AND PRODUCTION ADDRESS:
4255 109 th Street
Urbandale, Iowa 50322
Project Name City of Diamond Bar Connection newsletter
Project Scope: Diamond Bar Connection, is delivered to residents and businesses in a 4-page format (5)
times per year, and five (4) times per year in a six-page format. Three times per year it is expanded to a
32-page format to include the recreation activities guide. 12 issues per year total.
Mailing Services- mailing to all residential and business addresses in Diamond Bar – approximately 22,500.
Postage will be paid using the City’s bulk permit account held at the Chino Post Office. FBO will secure a
mailing list for all residential and commercial addresses in the city of Diamond Bar, (includes both 91765
and portions of 91789 ZIP codes). FBO will provide a postage estimate after pulling mailing list and will
submit a receipt from U.S. Post Office indicating postage fee for each mailing.
Additional Shipping: Mail balance of 1,000 remaining copies each printing of 4 page and 6 page newsletter
and 2,500 copies of 32 page newsletter to City Hall 21810 Copley Dr Diamond Bar, CA 91765.
SPECS:
4-page Newsletter – 5 times a year
• Flat size: 16.75” x 10.875 folded and trimmed to final size: 8.375” x 10.875”
• Color: 4/4 process with bleeds
• Paper: 80# gloss book white
➢ Process and mail per specs in mailing services
➢ Ship 1,000 to City Hall
Qty: 22,500-$ 2, 960.00 per issue*
5.3.a
Packet Pg. 68
City of Diamond Bar Connection Newsletter RFQ- FBO
Newsletter – 6-page (4 times a year)
• Flat size: 25.125” x 10.875” folded & trimmed to 8.375” x 10.875”
• Color: 4/4 process with bleeds
• Paper: 80# gloss book white
➢ Process and mail per specs in mailing services
➢ Ship 1,000 to City Hall
Qty: 22,500 -$5,500.00 per issue*
Recreation Guide – 32-page, includes cover (3 times a year)
• Flat size: 16.75” x 10.875”, finished size of 8.375” x 10.875, saddle stitched on 10.875” side
• Color: 4/4 process with bleeds
• Paper: 70# gloss book white
➢ Process and mail per specs in mailing services
➢ Ship 2,500 to City Hall
Qty: 22,500 $- 19,550.00 per issue*
12 Issues, total $ 95,450.00
** Prices are good for 90 days during awarding
5.3.a
Packet Pg. 69
June 28, 2023
City of Diamond Bar21810 Copley Drive Diamond Bar, CA 91765Attn: Cecilia Arellano
Reference: Printing, Delivery And Mailing Services For City Newsletter and Recreation Guide
Dear Cecilia,
Thank you for considering and giving us the opportunity to quote on your job. Here is our quote as per specifications provided to us:
Item # 1: Newsletter - 4 page (5 times a year)Qty: 23,500Size: 8.375 X 10.875”Pages: 4 pages Stock: 80# Gloss BookInk: 4/4Bindery: Folds to 8.375 X 10.875”Mailing: Simplified Mailing 22,500 copies & 1,000 copies to City HallDelivery: USPS & Diamond BarPrice: $3,260.23 X 5 = $16,301.15
Item # 2: Newsletter - 6 page (4 times a year)Qty: 23,500Size: 8.375 X 10.875”Pages: 6 pages Stock: 80# Gloss BookInk: 4/4Bindery: Saddle Stitch Folds to 8.375 X 10.875”Mailing: Simplified Mailing 22,500 copies & 1,000 copies to City HallDelivery: USPS & Diamond BarPrice: $4,762.97 X 4 = $19,051.88
Item # 3: Newsletter - 32 page (3 times a year)Qty: 25,000Size: 8.375 X 10.875”Pages: 32 pages Stock: 70# Gloss BookInk: 4/4Bindery: Saddle Stitch Folds to 8.375 X 10.875”Mailing: Simplified Mailing 22,500 copies & 2,500 copies to City HallDelivery: USPS & Diamond BarPrice: $10,808.54 X 4 = $32,425.62
Total: $67,778.65
Should you have any questions or concerns, please feel free to call me.
Sincerely,
Sameer Khan
I Color Printing & Mailing, Inc.
13000 S Broadway, Los Angeles, CA 90061
Tel: 310.997.1452 • Fax: 310.997.1457
www.icolorprinting.net
5.3.a
Packet Pg. 70
RFB for Printing, Delivery
And Mailing Services
Unlock Limitless Possibilities:
Where Innovation Meets Imagination
www.ishkaster.com 2023
5.3.a
Packet Pg. 71
L E T 'S G E T S T A R T E D
06/23 2023www.ishkaster.com
Cover Letter
To Cecilia Arellano,
I am excited to reach out to you on behalf of
Ishkaster Media, a dynamic and innovative graphic
design agency that specializes in delivering visually
compelling solutions to businesses and
organizations. We are thrilled to present this
proposal to the City of Diamond Bar and express our
interest in partnering for Printing, Delivery And
Mailing services.
At Ishkaster Media, we understand the importance
of delivering visually captivating and strategically
executed print materials to engage and captivate
your target audience. Our team of seasoned
professionals excels in creating high-quality designs,
ensuring brand consistency, and managing the
entire printing and mailing process with utmost
efficiency.
Jonathan Dam
Executive Assistant
Ishkaster Media
Jonathan@ishkaster.com
(626) 428-2327
1947 S Myrtle Ave,
Monrovia, CA, 91016
5.3.a
Packet Pg. 72
O U R S E R V I C E S
6/23 2023www.ishkaster.com
Printing, Delivery and Mailing
Specifications and Cost
Monthly Newsletter - 4-Page $ 37820.96
Final Size: 8.375” x 10.875” - 4/4 process with bleeds
Cost Per Issue
$ 7,238.69
Total (5 Issues)
$ 37820.96
Monthly Newsletter - 6-Page $ 46,921.28
Final Size: 8.375” x 10.875” - 4/4 process with bleeds
Cost Per Issue
$ 11,212.82
Total (4 Issues)
$ 46,921.28
Recreation Activities Guide - 32-Page $ 100,677.96
Final Size: 8.375” x 10.875” - 4/4 process with bleeds
Cost Per Issue
$ 29,827.32
Total (3 Issues)
$ 100,677.96
Total
$ 37820.96
$ 186,320.19
Miscellaneous Fees/Services
Data Processing:
Acquiring mailing list
Postage Estimated:
Will be deducted from client permit
80# Gloss book White
80# Gloss book White
80# Gloss book White
Saddle Stitched 10.875' Side
$ 4,492 Per Issue
$ 900 One-time fee
$ 46,921.28
$ 100,677.96
$ 900
$ 19,097.82
$ 205,418.01
Tax
2,500 Extra Prints
$ 3,732
1,000 Extra Prints
$517.50
1,000 Extra Prints
$ 325
*Graphic Materials must be received 5-7 days prior to mailing date.
*Mailing Services are provided in-house
5.3.a
Packet Pg. 73
Agenda #: 5.4
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH SIMPSON
ADVERTISING, INC. FOR SPECIALTY GRAPHIC DESIGN SERVICES
THROUGH JUNE 30, 2025.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the City Manager to enter into a Consultant Services Agreement
with Simpson Advertising through June 30, 2025.
FINANCIAL IMPACT:
The total not-to-exceed amount of the two-year agreement is $131,670, with $65,835
budgeted for the current fiscal year.
BACKGROUND:
In June 2023, the City issued a Request for Proposals (RFP) through PlanetBids for
graphic design services, and received 29 proposals.
Firm Proposal
Techforce Global $14,956
Modish $15,900
Bcreative $18,850
Hueman Studio $24,700
Trazo Group $25,300
My House of Design $29,637.78
Ishkaster $30,700
Geographics $30,823.50
Carel Creative $31,210
G&D Associates $31,900
Nemol $32,415
5.4
Packet Pg. 74
One Vector Design $33,620
Byfarr $33,725
Pernsteiner $34,200
McGregor Shott $35,745
Simpson Advertising $35,835
Soap Studio $35,850
We The Creative $36,800
Green Media Creations $38,000
Blu Fable $38,437.50
Cuecamp $38,800
Imprint $39,701
3fold Communications $41,796
Galaxy Weblinks $42,600
Tripepi Smith $43,960
Poche Design Studio $44,000
Counterintuity $48,794
Global Urban Strategies $56,260
Formula Marketing $64,498
Community Relations staff reviewed and rated the proposals based on price/agreement
terms, location, expertise, experience, and design/style/approach. After completing its
review, staff selected Simpson Advertising as its top candidate based on its cost-
effective rates, its close proximity to City Hall, its professional expertise in City
government graphic design projects, and its proven track record of successfully
completing projects within tight deadlines and budget constraints.
ANALYSIS:
For almost 20 years, the City has utilized Simpson to assist with the production of
various communication and marketing projects that support the City Council’s strategic
goal of an Open, Engaged and Responsive Government. The services for the 2023-24
fiscal year will include the production of the City’s monthly newsletter in a four-page
format issued three times per year, a six-page format issued six times per year, the 32-
page format that includes the recreation guide produced three times per year, and the
annual City calendar for a total of $35,835 and an additional miscellaneous project
amount of $30,000 for a total budgeted amount of $65,835 for the 2023-24 fiscal year.
The same amount will be applied to the second year of the contract for a total not-to-
exceed amount of $131,670. The City retains the option to extend the agreement by two
additional two-year terms.
In addition to the City newsletter (Diamond Bar Connection) and recreation guide,
examples of miscellaneous projects, Simpson will help with the design of the annual
calendar, Diamond Bar Center online and print marketing materials, Through My Lens
photo contest gallery artwork, City services brochures, and Parks and Recreation
recruitment marketing materials.
LEGAL REVIEW:
5.4
Packet Pg. 75
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.4.a CONSULTING SERVICES AGREEMENT--Simpson Advertising 2023
2. 5.4.b Exhibit A DB RFP GraphicDesignServices2023-24
5.4
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1 Professional Services – Non Design
CONSULTANT SERVICES AGREEMENT
[Non-Design Professionals]
THIS AGREEMENT (the "Agreement") is made as of July 1, 2023 by and
between the City of Diamond Bar, a municipal corporation ("City") and Simpson
Advertising, 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 Graphic Design 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.
Cecilia Arellano, Sr. Community Relations Coordinator, 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 July 1, 2023 and
shall continue until June 30, 2025 ("Term"), unless earlier terminated pursuant to the
provisions herein.
The City shall have the option to extend this Agreement for two (2) additional two
(2) 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. Any exercise of an option to extend the Term and/or increase in
compensation, negotiated or based upon CPI, shall be subject to approval of the
City Council.
5.4.a
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2 Professional Services – Non Design
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 Thirty-One Thousand Six Hundred Seventy
Dollars ($131,670) 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, 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.
5.4.a
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3 Professional Services – Non Design
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.
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
5.4.a
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4 Professional Services – Non Design
(2) Any and all claims arising out of Consultant's performance of work
hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of
the City. Should City in its sole discretion find Consultant’s legal counsel
unacceptable, then Consultant shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other
costs and fees of litigation. The Consultant shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that
the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed
to extend to any third party indemnification rights of any kind.
(3) The Consultant's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
10. Insurance.
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.
5.4.a
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5 Professional Services – Non Design
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City at least ten (10) days prior written notice thereof. Consultant agrees that it
will not cancel, reduce or otherwise modify the insurance coverage and in the event of
any of the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by
the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that 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
5.4.a
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6 Professional Services – Non Design
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this 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
5.4.a
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7 Professional Services – Non Design
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services. [Optional for when it is important that a specific
person perform the work include the following] Except as otherwise authorized by
the City's Project Manager, [If applicable, name of designated person] shall be the
person who primarily performs the work provided under this Agreement. Except as
provided in this Agreement, Consultant reserves the right to determine the assignment
of its own employees to the performance of Consultant's services under this Agreement,
but City reserves the right in its sole discretion to require Consultant to exclude any
employee from performing services on City's premises.
Note: Most Consulting Services Work does not implicate prevailing wages,
but some does. If so, prevailing wage section must be added here. See form
Maintenance Services Agreement, Section 17, for language to insert.
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 within ________ (__) calendar days from
5.4.a
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8 Professional Services – Non Design
such date or as may otherwise be agreed to by and between the Project Manager and
the Consultant.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Liquidated Damages. Consultant shall pay City, or have withheld from
monies due it, as liquidated damages, the sum of _______ Dollars ($___) per day for
each and every calendar day's delay in finishing the work within the time specified,
including any written extensions which may be granted, in writing, in accordance with
this Agreement.
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
5.4.a
Packet Pg. 84
9 Professional Services – Non Design
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
27. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
“CONSULTANT” “CITY”
Simpson Advertising, Inc. City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: Cecilia Arellano
Phone: Phone: (909) 839-7056
E-Mail: E-mail: carellano@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
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
5.4.a
Packet Pg. 85
10 Professional Services – Non Design
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Consultant" "City"
Simpson Advertising, Inc. CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Dan Fox, City Manager
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:____
Omar Sandoval, City Attorney
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
5.4.a
Packet Pg. 86
REQUEST FOR PROPOSAL FOR GRAPHIC DESIGN SERVICES
THE CITY OF DIAMOND BAR
COVER LETTER
June 26, 2023
Marsha Roa
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Dear Ms. Marsha Roa,
Simpson Advertising, Inc. (SAI) is pleased to submit a proposal for graphic design services for the City of
Diamond Bar’s monthly newsletter, recreation guide, annual calendar and miscellaneous projects.
Based in Los Angeles County since 1973, SAI has provided quality graphic design and marketing
services to many municipal government agencies, private businesses, non-profit and civic organizations.
Principals and primary contacts authorized to bid on the behalf of SAI, Jeff Simpson and Debbie Baker,
have the experience, expertise and talent to create, City publications as well as other marketing and
communication projects. As an example, SAI currently works with the Cities of Diamond Bar and Santa
Fe Springs to provide design and layout services of their recreation guides, newsletters and other
projects that require creative talents, attention to detail and the ability to work within tight deadlines.
To complement our services, SAI aligns with vendors that we know and trust to provide quality work and
have the capabilities to ensure production and distribution deadlines are met.
It is with great pleasure and confidence that we submit our proposal for Graphic Design Services to the
City of Diamond Bar.
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
Exhibit A - FY 2023/24 Agreement
5.4.b
Packet Pg. 87
REFERENCES
City of Diamond Bar, 21810 E. Copley Drive • Diamond Bar, CA 91765
Contacts:
Marsha Roa, Public Information Manager, (909) 839-7055
mroa@diamondbarca.gov
Cecilia Arellano, Public Information Coordinator, (909) 839-7056
carellano@diamondbarca.gov
City of Santa Fe Springs, 11710 E. Telegraph Road • Santa Fe Springs, CA 90670
Contact:
Raelene Barraza, Public Information Officer
(562) 868-0511, Ext 7538
RaeleneBarraza@santafesprings.org
Walnut Valley Unified School District, 880 So. Lemon Avenue • Walnut, CA 91789
Contact:
Kelli Gile, Public Information Specialist
(909) 595-1261, Ext 31204
kgile@wvusd.org
City of San Gabriel, 425 South Mission Road • San Gabriel, CA 91776
Contact:
Matthew Morales-Stevens, Community Services Manager, (626) 308-2875
250 South Mission Drive • San Gabriel, CA 91776
mmoralesstevens@sgch.org
Pacific Mechanical Supply, 13705 Milroy Place • Santa Fe Springs, CA 90670
Contact:
Brent Adams, CFO
(562) 921-0575, Ext 209
badams@pacmech.com
Norwalk - La Mirada Plumbing, Heating & HVAC, 11661 Firestone Blvd. • Norwalk, CA 90650
Contact:
Don Skala, Owner
(562) 868-7777
dskala@laplumber.com
5.4.b
Packet Pg. 88
EXAMPLES OF SIMILAR WORK
Examples of similar work completed work product - links are provided to view full publication.
Client: City of Santa Fe Springs
Publication: “All Things Santa Fe Springs”, Summer 2023
https://www.santafesprings.org/
Publication: “The Telegraph”, June/July 2023
https://www.santafesprings.org/
Simpson Advertising provides graphic design services for the City’s quarterly recreation guide year and
the newsletter, published 3 times a year.
Client: City of Diamond Bar
Publication: Diamond Bar Recreation Guide, Summer 2023
https://www.diamondbarca.gov/210/Recreation-Guide
Publication: Diamond Bar Connection Newsletter, July 2023
https://www.diamondbarca.gov/208/Diamond-Bar-Connection---Monthly-Newslet
Simpson Advertising provides graphic design services for the City’s recreation guide
and the City’s monthly Newsletter.
Client: City of San Gabriel
Publication: City of San Gabriel Grapevine GUIDE, Summer 2023
https://www.sangabrielcity.com/1158/Recreation-GUIDE
Simpson Advertising provided graphic design services for the City’s
recreation guide and newsletter since 2012. SAI’s graphic design services
contract with the City of San Gabriel ended this year.
Client: Walnut Valley Unified School District
Publication: “Outlook” Newsletter
https://www.wvusd.org/
Simpson Advertising provides graphic design services for the WVUSD Newsletter
as well as printing and mailing. The “Outlook” is published 3 times a year.
Please visit www.SimpsonAdvertisingInc.com. for additional samples of our capabilities.
STATEMENT OF AGREEMENT
Simpson Advertising, Inc. agrees to the terms and conditions set forth in the City of Diamond Bar’s
Consulting Services Agreement.
5.4.b
Packet Pg. 89
SCOPE OF SERVICES AND COSTS
Costs are based on City staff to provide content, including text in a Word document, photos and graphic
files electronically for each publication or project. Securing stock images may be requested by the City. A
production schedule will be submitted by the City and strictly adhered to for a timely delivery of electronic
files to the City’s print vendor.
Simpson Advertising (SAI) will provide a minimum of two (2) color PDF proofs per publication via email.
Initial proof for review and second proof with completed corrections and/or edits prior to final approval.
Approved, press quality files will be submitted directly to the City’s designated printer. Invoice to be
submitted with net 30 terms at the completion of each publication or project.
MONTHLY NEWSLETTERS:
DB Connection Newsletter - 4-page, 4 times per year
Newsletter 16.75” x 10.875” folded, trimmed and finished to 8.375” x 10.875”, 4/4 process with bleeds.
Per Issue Total 4 issues
$ 1,575.00 $ 6,300.00*
DB Connection Newsletter - 6-Page, 5 times per year
Newsletter 25.125” x 10.875” folded, trimmed and finished to 8.375” x 10.875”, 4/4 process with bleeds.
Per Issue Total 5 issues
$ 2,275.00 $ 11,375.00*
RECREATION ACTIVITIES GUIDE:
DB Recreation Guide/Newsletter Combination Publication - 32-Page, 3 times per year
Self-cover Recreation Guide 16.75” x 10.875” folded, trimmed, saddle stitched on 10.875” and finished
to 8.375” x 10.875”, 4/4 process with bleeds.
Per Issue Total (3 Issues)
$ 4,925.00 $ 14,775.00*
ANNUAL CALENDAR:
DB Calendar 28-page, 1 time per year
Self cover Calendar 16.75” x 10.875”, folded, trimmed, saddle stitched on 10.875” and finished to 8.375”
x 10.875”, 4/4 process with bleeds.
Per Calendar $ 2,800.00*
INFORMATION FLYER:
Two-sided flyer, as needed
Flyer size of 3.5” x 8.5”, 4/4 process with bleeds.
Per Flyer $ 585.00*
HOURLY RATES & ADDITIONAL GRAPHIC DESIGN FEES
Hourly rates for miscellaneous graphic design projects:
Design per hour $ 120.00
Production per hour $ 100.00
Client edits beyond three rounds:
Cost per Issue per hour $ 75.00
*Graphic files are not subject to State sales tax when transmitted electronically.
5.4.b
Packet Pg. 90
Agenda #: 5.5
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AWARD OF CONSTRUCTION CONTRACT TO G&A NELOS
CONSTRUCTION, INC., FOR THE GROUNDWATER DRAINAGE
IMPROVEMENTS PHASE 4 & 5 PROJECT (CIP# PW23401).
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Determine that approving the construction contract for the proposed project is
exempt from the California Environmental Quality Act pursuant to Section
15301(c) and 15302 of the CEQA Guidelines; and
B. Approve, and authorize the Mayor to sign, a Contract Agreement with G&A Nelos
Construction, Inc. in the amount of $223,788 approving Bid Schedule, plus a
contingency amount of $22,378.80, for Contract Change Orders to be approved
by the City Manager, for a total authorization amount of $246,166.80.
FINANCIAL IMPACT:
This project is a carry-over from the FY 2022/23 Capital Improvement Program (CIP)
and includes available funding resources as follows:
Groundwater Drainage
Improvement Phases 4 & 5
CIP Project #PW23401
FY2022-23
Budget
Appropriation
Expenditure Balance
Measure W Fund $530,000.00 $530,000.00
G&A Nelos Construction, Inc.
Construction Contract $223,788.00 $306,212.00
Construction Contingency (10%) $22,378.80 $283,833.20
Balance $283,833.20
The total contingency amount of $22,378.80 for G&A Nelos Construction, Inc. will only
be used in the event of unforeseen circumstances that will warrant a contract change
5.5
Packet Pg. 91
order.
BACKGROUND:
The Groundwater Drainage Improvements Phase 4 & 5 (includes locations 6 & 7)
Project with CIP Project# PW23401 (Project) is part of the multi-phase Citywide
Comprehensive Drainage Study recommendation from 2015. The study identified
eleven (11) locations in the City that have experienced groundwater discharge onto
public sidewalks and/or roads, causing disruptions to vehicular and pedestrian traffic. A
priority list was created, along with preferred design scenarios and projected costs for
each location. The locations with the most significant impacts on vehicular and
pedestrian use were given the highest priorities.
Locations #1 through #5 were completed in previous phases in previous years.
Locations 6 and 7, namely Copley Drive and Moonlake Street, were approved for
improvements in the Fiscal Year 2022/23 Capital Improvement Program (CIP). Please
refer to Attachment 2 for the Location Maps.
ANALYSIS:
Due to the initial Engineer’s Estimate being lower than the CUPCA threshold, the plans
and specifications were approved under the City Engineer’s authority, and the Project
was advertised, through an informal bidding process on PlanetBids, on April 5, 2023.
However, both received bids exceeded the original Engineer's Estimate of $145,000,
leading to their rejection by staff. The cost increase was, among other things, a
significant increase in the unit price of materials and, to a lower extent, labor costs in a
relatively short period of time. Following this, plans and specifications were approved at
the May 16, 2023, City Council meeting, and the project was subsequently re-advertised
through a formal bidding process on PlanetBids. For this procurement process, the
engineer's estimate was revised and updated to $268,000, taking into account labor and
material shortages. This latest estimate provides a more accurate cost for the Project
based on the current market conditions.
Award of Contract for Construction
On May 19, 2023, the City re-advertised the Project on PlanetBids to solicit and receive
bids from qualified contractors. By the deadline of June 7, 2023, four (4) bids were
received. G&A Nelos Construction, Inc. emerged as the lowest responsible bidder with
a Base Bid amount of $223,788.00.
The results for the bids are shown below:
Contractor Base Bid
G&A Nelos Construction, Inc. $223,788.00
GCI Construction, Inc. $278,600.00
Zusser Company, Inc. $326,700.00
CEM Construction $334,100.00
5.5
Packet Pg. 92
Staff has verified that G&A Nelos Construction, Inc. possesses a valid contractor license
and maintains a commendable level of experience with similar projects. The tentative
schedule for the Project is outlined below:
Award Construction Contract July 18, 2023
Start of Construction August 2023
Completion of Construction September 2023
Environmental Review
This Project has been determined to be exempt from the California Environmental
Quality Act (CEQA) provisions pursuant to the California Code of Regulations,
guidelines for the implementation of the CEQA, Section 15301(c) and 15302
(Replacement and Reconstruction).
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.5.a Agreement with G&A Nelos Construction, Inc.
2. 5.5.b Location Maps
5.5
Packet Pg. 93
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5.5.a
Packet Pg. 101
5.5.b
Packet Pg. 102
5.5.b
Packet Pg. 103
Agenda #: 5.6
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PURCHASE OF A HP MSL 2040 AND A HP MSL 6480 TAPE LIBRARY
WITH ALL REQUIRED ACCESSORIES FROM GOVCONNECTION,
INC.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve and authorize the City Manager to issue a purchase order to GovConnection,
Inc. for the purchase of a HP MSL 2040 and a HP MSL 6480 tape library with all
required accessories in the amount not-to-exceed $171,728.67.
FINANCIAL IMPACT:
Funds needed to accommodate the proposed purchase order were included in the FY
2023-24 Adopted Budget - Equipment Maintenance and Replacement Fund (Fund 503).
BACKGROUND:
The daily operations of the City rely on the use of computers, specialized networks, and
associated hardware and software to create, process, and store digital information and
communicate with the public. Data backup and recovery is a crucial function that
ensures proper function and continuity of the City. These systems allow the city to
recover crucial data from both accidental and malicious loss.
The City utilizes HP LTO tape libraries to back up every server on the network nightly.
The backup tapes are stored off-site in order to prevent the loss during a fire or other
disaster.
The current tape libraries have outlived its useful life and has been scheduled for
replacement. To ensure the City’s essential information systems infrastructure remains
in place, it is proposed that two tape libraries be replaced
5.6
Packet Pg. 104
DISCUSSION
Consistent with the purchasing ordinance, the City publicly solicited bids. Five vendors
submitted bids, including:
Bidder Bid Amount
GovConnection, Inc. $171,728.67
VPrime Tech Inc $190,145.37
ITECH Devcies Inc $207,173.47
Southern Computer Warehouse Inc $211,090.86
Smat IT Pros Inc $230,490.35
Staff has determined that GovConnection, Inc. is the lowest cost responsible bidder,
meeting all technical requirements.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.6.a HPE-MSL-2040
2. 5.6.b HPE-MSL-6480
5.6
Packet Pg. 105
Account Executive:Di De Stefano
Phone:
Fax:
Email:di.destefano@connection.com Date:6/30/2023
Valid Through:7/20/2023
Account Manager:Account #:S03134
Phone:
Fax:
Email:
Customer Contact:Alfredo Estevez Phone:(909) 839-7083
Email:aestevez@diamondbarca.gov Fax:(909) 861-3117
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level 107.00 lbs Net 30
*Line #Qty Item #Mfg. Part #Description Mfg.Price Ext
1 1 16466868 AK379A
CTO ENT MSL2024 0 Drive Tape
Library
Hp Enterprise Storageworks
Hp Enterprise
Storageworks 2,380.00$ 2,380.00$
2 2 41547870 R6Q75A
CTO ENT MSL LTO-9 45000 SAS Tape
Drive Upgrade Kit
HP Server Source
HP Server Source 5,991.50$ 11,983.00$
3 1 9187828 AF556A
CTO 1.83m 10A C13-UL US Power
Cord
Hp Openview
Hp Openview 6.00$ 6.00$
4 1 41289654 HA113A1 5BW HPE Installation SVC
Hp Openview Hp Openview 180.77$ 180.77$
5 3 41610898 P35176-B21
CTO ENT External 12Gb Mini SAS High
Density to Mini SAS High Density 4-lane
Fanout Cable, 2m
Hp Openview
Hp Openview 125.75$ 377.25$
6 10 41547872 Q2079AA
CTO ENT 45TB LTO-9 RW Tape
Cartridges (20-pack)
HP Server Source
HP Server Source 2,341.14$ 23,411.40$
7 25 380321 C7978A Ultrium x 1 - cleaning cartridge
HP Storage Media HP Storage Media 39.50$ 987.50$
8 1 41322827 HA114A1 5DS
HPE StoreEver MSL2024/Autoloadr Stup
SVC
Hewlett Packard Network Source
Hewlett Packard
Network Source 2,970.00$ 2,970.00$
9 1 41610318 HU4A6A5 80N
HPE 5Y Tech Care Essential
SVCSupport
Hp Enterprise Storageworks
Hp Enterprise
Storageworks 3,445.00$ 3,445.00$
10 1 34537076 804398-B21
Smart Array E208e-p SR Gen10 12G SAS
PCIe Plug-In Controller, 8-External Lanes /
No Cache
HP Server Accessories
HP Server
Accessories 935.00$ 935.00$
11 2 14642611 142257-002 CTO Ent 10A IEC320 C14 - C13
Hp Openview Hp Openview 9.50$ 19.00$
Subtotal 46,694.92$
Fee 0.00$
Shipping and
Handling 0.00$
(909) 839-7000 (909) 839-7058
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale,
which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy
via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative
Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other
terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at
any time. Please refer to our Quote Number in your order.
SALES QUOTE
GovConnection, Inc.# 25468169.09
732 Milford Road PLEASE REFER TO THE ABOVE
QUOTE # WHEN ORDERINGMerrimack, NH 03054
CITY OF DIAMOND BAR, CA
21810 EAST COPLEY DR
QUOTE PROVIDED TO:SHIP TO:
AB#: 8369465 AB#: 8369468
CITY OF DIAMOND BAR CA
ACCOUNTS PAYABLE KEN DESFORGES
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765 DIAMOND BAR, CA 91765
Page 1 of 3 6/30/2023
5.6.a
Packet Pg. 106
Account Executive:Di De Stefano
Phone:
Fax:
Email:di.destefano@connection.com Date:6/30/2023
Valid Through:7/20/2023
Account Manager:Account #:S03134
Phone:
Fax:
Email:
Customer Contact:Alfredo Estevez Phone:(909) 839-7083
Email:aestevez@diamondbarca.gov Fax:(909) 861-3117
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level 107.00 lbs Net 30
*Line #Qty Item #Mfg. Part #Description Mfg.Price Ext
(909) 839-7000 (909) 839-7058
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale,
which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy
via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative
Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other
terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at
any time. Please refer to our Quote Number in your order.
SALES QUOTE
GovConnection, Inc.# 25468169.09
732 Milford Road PLEASE REFER TO THE ABOVE
QUOTE # WHEN ORDERINGMerrimack, NH 03054
CITY OF DIAMOND BAR, CA
21810 EAST COPLEY DR
QUOTE PROVIDED TO:SHIP TO:
AB#: 8369465 AB#: 8369468
CITY OF DIAMOND BAR CA
ACCOUNTS PAYABLE KEN DESFORGES
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765 DIAMOND BAR, CA 91765
Tax 3,809.43$
Total 50,504.35$
Page 2 of 3 6/30/2023
5.6.a
Packet Pg. 107
ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.
Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.
Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.
TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
CEC: 80-068888K
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are
subject to the Company’s Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company’s
Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by
calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national,
state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre -
negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or
appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the
right to change pricing at any time. Please refer to our Quote Number in your order.
If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice
link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm
Please forward your Contract or Purchase Order to:
SLEDOPS@connection.com
QUESTIONS: Call 800-800-0019
5.6.a
Packet Pg. 108
Account Executive:Di De Stefano
Phone:
Fax:
Email:di.destefano@connection.com Date:6/30/2023
Valid Through:7/20/2023
Account Manager:Account #:S03134
Phone:
Fax:
Email:
Customer Contact:Alfredo Estevez Phone:(909) 839-7083
Email:aestevez@diamondbarca.gov Fax:(909) 861-3117
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level 273.00 lbs Net 30
*Line #Qty Item #Mfg. Part #Description Mfg.Price Ext
1 1 16763766 QU625A
StoreEver MSL6480 Scalable Base
Module
HP StorageWorks
HP StorageWorks 18,950.00$ 18,950.00$
2 6 41547870 R6Q75A
CTO ENT MSL LTO-9 45000 SAS Tape
Drive Upgrade Kit
HP Server Source
HP Server Source 6,000.00$ 36,000.00$
3 6 151239 142257-002 IEC to IEC Power Cable, 8ft
HP Server Accessories
HP Server
Accessories 9.50$ 57.00$
4 1 7208461 AF556A Power Cord, 10A C13-UL, 6ft
HP Server Accessories
HP Server
Accessories 5.75$ 5.75$
5 1 34537076 804398-B21
Smart Array E208e-p SR Gen10 12G SAS
PCIe Plug-In Controller, 8-External Lanes /
No Cache
HP Server Accessories
HP Server
Accessories 864.00$ 864.00$
6 6 41289655 HA113A1 5DU
CTO ENT HPE StoreEver Driv
PwrSupCrd Install SVC
Hp Openview
Hp Openview 269.00$ 1,614.00$
7 1 41289654 HA113A1 5BW
CTO ENT HPE Add On Options Install
SVC
Hp Openview
Hp Openview 173.00$ 173.00$
8 6 41610898 P35176-B21
CTO ENT External 12Gb Mini SAS High
Density to Mini SAS High Density 4-lane
Fanout Cable, 2m
Hp Openview
Hp Openview 125.70$ 754.20$
9 40 380321 C7978A Ultrium x 1 - cleaning cartridge
HP Storage Media HP Storage Media 39.50$ 1,580.00$
10 17 41547872 Q2079AA
CTO ENT 45TB LTO-9 RW Tape
Cartridges (20-pack)
HP Server Source
HP Server Source 2,341.14$ 39,799.38$
11 1 41289657 HA114A1 5UE
CTO ENT HPE StoreEver MSL3040 /
6480 BM Stup SVC
Hp Openview
Hp Openview 3,235.00$ 3,235.00$
12 1 41612239 HU4A6A5 QC6
5Y, Pointnext Tech Care Essential
Service, Parts and Labour, 24x7, On-site,
4h, f/ MSL6480 BASE -CTO
Hp Enterprise Storageworks
Hp Enterprise
Storageworks 8,881.00$ 8,881.00$
Subtotal 111,913.33$
(909) 839-7000 (909) 839-7058
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale,
which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy
via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative
Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other
terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at
any time. Please refer to our Quote Number in your order.
SALES QUOTE
GovConnection, Inc.# 25468563.09
732 Milford Road PLEASE REFER TO THE ABOVE
QUOTE # WHEN ORDERINGMerrimack, NH 03054
CITY OF DIAMOND BAR, CA
21810 EAST COPLEY DR
QUOTE PROVIDED TO:SHIP TO:
AB#: 8369465 AB#: 8369468
CITY OF DIAMOND BAR CA
ACCOUNTS PAYABLE KEN DESFORGES
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765 DIAMOND BAR, CA 91765
Page 1 of 3 6/30/2023
5.6.b
Packet Pg. 109
Account Executive:Di De Stefano
Phone:
Fax:
Email:di.destefano@connection.com Date:6/30/2023
Valid Through:7/20/2023
Account Manager:Account #:S03134
Phone:
Fax:
Email:
Customer Contact:Alfredo Estevez Phone:(909) 839-7083
Email:aestevez@diamondbarca.gov Fax:(909) 861-3117
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level 273.00 lbs Net 30
*Line #Qty Item #Mfg. Part #Description Mfg.Price Ext
(909) 839-7000 (909) 839-7058
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale,
which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy
via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative
Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other
terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at
any time. Please refer to our Quote Number in your order.
SALES QUOTE
GovConnection, Inc.# 25468563.09
732 Milford Road PLEASE REFER TO THE ABOVE
QUOTE # WHEN ORDERINGMerrimack, NH 03054
CITY OF DIAMOND BAR, CA
21810 EAST COPLEY DR
QUOTE PROVIDED TO:SHIP TO:
AB#: 8369465 AB#: 8369468
CITY OF DIAMOND BAR CA
ACCOUNTS PAYABLE KEN DESFORGES
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765 DIAMOND BAR, CA 91765
Fee 0.00$
Shipping and
Handling 0.00$
Tax 9,310.99$
Total 121,224.32$
Page 2 of 3 6/30/2023
5.6.b
Packet Pg. 110
ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.
Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.
Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.
TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
CEC: 80-068888K
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are
subject to the Company’s Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company’s
Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by
calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national,
state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre -
negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or
appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the
right to change pricing at any time. Please refer to our Quote Number in your order.
If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice
link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm
Please forward your Contract or Purchase Order to:
SLEDOPS@connection.com
QUESTIONS: Call 800-800-0019
5.6.b
Packet Pg. 111
Agenda #: 6.1
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT
DISTRICT NO. 38 FOR FISCAL YEAR 2023/24.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Receive presentation, open Public Hearing to receive testimony, close Public
Hearing; and
B. Adopt Resolution No. 2023-26 to levy and collect assessments for Landscape
Assessment District No. 38 for Fiscal Year 2023/24.
FINANCIAL SUMMARY:
The assessments generated by this District in the amount of $276,720 and $218,097 of
the General Fund contributions are included for the operation and maintenance costs in
the Fiscal Year 2023/24 Budget Special Fund No. 238.
BACKGROUND/DISCUSSION:
As part of the 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
the District’s proposed annual assessments, after which the Council will consider the
related resolutions confirming the levy assessments. Throughout the entire process, all
proceedings for the maintenance of improvements have been 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 XIIID of the California Constitution.
On April 4, 2023, the City Council adopted Resolution No. 2023-07, ordering the City
Engineer to prepare and file an Engineer's Report related to maintenance of
improvements in Landscaping Assessment District No. 38 (District) and any
6.1
Packet Pg. 112
assessment thereon for Fiscal Year 2023/24.
On June 20, 2023, the City Council adopted Resolution No. 2023-21, declaring the
City's intention to levy and collect assessments for the District and directing staff to
advertise the Public Hearing to be set for the July 18, 2023 regular meeting.
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
38 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping
and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of
the State of California, includes authority for the report, estimated costs of
improvements, a diagram for the District and the assessments.
The estimated number of parcels within the District is 18,448 parcels. The amount
assessed upon the lands within District Number 38 for Fiscal Year 2022/23 was $15.00
per parcel. The amount to be assessed for Fiscal Year 2023/24 is to remain at $15.00
per parcel. The assessments will be utilized to maintain 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.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.1.a Resolution No. 2023-26
2. 6.1.b Engineer's Report - FY 2023/24
6.1
Packet Pg. 113
RESOLUTION NO. 2023-26
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPE ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR
2023-24.
WHEREAS, by its Resolution No. 2023-21, this Council approved a report of the
Engineer of Work related to City of Diamond Bar Landscape Assessment District No. 38
(“District”) prepared pursuant to Article XIIID 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 2023-24. A diagram of the area
encompassed by said assessment district is attached hereto as Exhibit "A”;
WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar;
WHEREAS, said hearing was duly and properly noticed, commenced in the
SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California on July 18,
2023, and was concluded prior to the adoption of this Resolution; and
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 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 2023-24 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.
6.1.a
Packet Pg. 114
Resolution No. 2023-26
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
2023-24 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 2023-24.
Section 7. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2023-24 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 Landscape 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 18th day of July 2023.
CITY OF DIAMOND BAR
_______
Andrew Chou, Mayor
[Signatures continued on the following page]
6.1.a
Packet Pg. 115
Resolution No. 2023-26
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 18th day of July 2023, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
_______
Kristina Santana, City Clerk
6.1.a
Packet Pg. 116
Resolution No. 2023-26
4
Exhibit A
6.1.a
Packet Pg. 117
FY 2023-24
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 38
June 2023
6.1.b
Packet Pg. 118
CITY OF DIAMOND BAR PAGE ii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
C ity of Diamond Bar
City Council
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Councilmember
Chia Yu Teng, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
P ublic Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.
SCI Consulting Group
6.1.b
Packet Pg. 119
CITY OF DIAMOND BAR PAGE iii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
(This Page Intentionally Left Blank)
6.1.b
Packet Pg. 120
CITY OF DIAMOND BAR PAGE iv
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Table of Contents
Introduction .................................................................................................... 6
Overview ...................................................................................................................... 6
Engineer’s Report and Continuation of Assessments .................................................. 6
Legislative Analysis ....................................................................................................... 7
Plans & Specifications ................................................................................... 10
Fiscal Year 2023-24 Estimate of Cost and Budget ........................................... 13
Budget for Fiscal Year 2023-24 ................................................................................... 13
Method of Assessment Apportionment ......................................................... 14
Method of Apportionment ......................................................................................... 14
Discussion of Benefit .................................................................................................. 14
Special Benefit ............................................................................................................ 16
General Versus Special Benefit .................................................................................. 17
Benefit Finding ........................................................................................................... 18
Method of Apportionment ......................................................................................... 22
Annual Assessment Calculation.................................................................................. 23
Duration of Assessment ............................................................................................. 23
Appeals of Assessments Levied to Property .............................................................. 23
Assessment Funds Must Be Expended Within the District Area ................................ 24
Assessment ................................................................................................... 25
Assessment Diagram ..................................................................................... 27
Assessment Roll ............................................................................................ 29
6.1.b
Packet Pg. 121
CITY OF DIAMOND BAR PAGE v
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
List of Tables
Table 1: FY 2023-24 Estimate of Costs .............................................................................. 13
Table 2: FY 2023-24 Summary Cost Estimate ................................................................... 25
6.1.b
Packet Pg. 122
CITY OF DIAMOND BAR PAGE 6
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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 2023-24 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 35 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.
6.1.b
Packet Pg. 123
CITY OF DIAMOND BAR PAGE 7
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for July 18, 2023. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
Assessments for fiscal year 2023-24. 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 2023-24.
Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District.
To maintain an accurate reference and legally defensible record of the District, pertinent
language used in previous engineer’s reports has been retained herein and is cited in
italics as appropriate.
Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6,
1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218
provides for benefit assessments to be levied to fund the cost of providing services and
improvements, as well as maintenance and operation expenses to a public improvement
which benefits the assessed property.
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
This Engineer’s Report and the process used to establish the continuation of the
assessments for fiscal year 2023-24 are consistent with the SVTA decision and with the
requirements of Article XIIIC and XIIID of the California Constitution based on the
following factors:
6.1.b
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CITY OF DIAMOND BAR PAGE 8
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
1. The District is drawn to include the entire City; although only parcels deriving special
benefits are included in the assessment rolls. Thus, zones of benefit are not required,
and the assessment revenue derived from real property in the District is expended
only on the Improvements in the District.
2. The Improvements which are constructed and maintained with assessment proceeds
in the District are located in close proximity to the real property subject to the
assessment. The Improvements provide landscaping and other services to the
residents of such assessed property. The proximity of the Improvements to the
assessed parcels provides a special benefit to the parcel being assessed pursuant to
the factors outlined by the Supreme Court in that decision.
3. Due to their proximity to the assessed parcels, the Improvements financed with
assessment revenues in the District benefit the properties in that District in a manner
different in kind from the benefit that other parcels of real property in the City derive
from such Improvements, and the benefits conferred on such property in the District
are more extensive than a general increase in property values.
4. The assessments paid in the District are proportional to the special benefit that each
parcel within that Assessment District receives from the Improvements because:
a. The specific landscaping Improvements and maintenance and utility
costs thereof in the District are specified in this Report; and
b. Such Improvement and maintenance costs in the District are
allocated among different types of property located within the
District, and equally among those properties which have similar
characteristics, such as single-family residential parcels, multi-family
residential parcels, commercial parcels, industrial parcels, etc.
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
6.1.b
Packet Pg. 125
CITY OF DIAMOND BAR PAGE 9
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden
Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an
assessment for street and landscaping maintenance in the Greater Golden Hill
neighborhood of San Diego, California. The court described two primary reasons for its
decision. First, like in Beutz, the court found the general benefits associated with services
were not explicitly calculated, quantified and separated from the special
benefits. Second, the court found that the City had failed to record the basis for the
assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of
Article XIIIC and XIIID of the California Constitution because the Improvements to be
funded are clearly defined; the benefiting property in the District enjoys close and unique
proximity, access and views to the Improvements; the Improvements serve as an
extension of usable land area for benefiting properties in the District and such special
benefits provide a direct advantage to property in the District that is not enjoyed by the
public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because
the Improvements will directly benefit property in the District and the general benefits
have been explicitly calculated and quantified and excluded from the Assessments. The
Engineer’s Report is consistent with Bonander because the Assessments have been
apportioned based on the overall cost of the Improvements and Services proportional
special benefit to each property, rather than the proportional cost to the District to
provide the Improvements to specific properties.
6.1.b
Packet Pg. 126
CITY OF DIAMOND BAR PAGE 10
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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
6.1.b
Packet Pg. 127
CITY OF DIAMOND BAR PAGE 11
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd
Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac
Brea Canyon Rd – at Gerndal St
Golden Springs Dr – at Adel Ave
Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides
Sunset Crossing Rd – Big Falls Dr to Chapparal Dr
Turf Areas
The landscaped turf areas to be maintained by the District are located as follows:
Diamond Bar Blvd – at Gold Rush Dr
Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond
Bar Center
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
lighting, fencing, entry monuments, graffiti removal and repainting, and labor, materials,
supplies, utilities and equipment, as applicable, at each of the locations owned, operated
or maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage and lights.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements; or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
6.1.b
Packet Pg. 128
CITY OF DIAMOND BAR PAGE 12
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
6.1.b
Packet Pg. 129
CITY OF DIAMOND BAR PAGE 13
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Fiscal Year 2023-24 Estimate of Cost and Budget
Budget for Fiscal Year 2023-24
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 2023-24 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2023-24 Estimate of Costs
Expenditure Item
Salaries & Benefits (subsidized by General Fund)48,717$
Operating Expenses
Advertising 3,000$
Utilities 160,500$
Maintenance of Grounds/Buildings 61,700$
Professional Services 6,500$
Contract Services
Landscape Maintenance 207,700$
Trees Maintenance 6,700$
Estimated Expenditures 494,817$
Revenue Item
Direct Benefit Assessments 276,720$
Fund Balance Reserves -$
General Fund Contribution 218,097$
Estimated Revenues 494,817$
Budget Allocation to Parcels
Total Assessment BudgetA 276,720$
Total Assessable Parcels 18,448
Assessment per Parcel 15$
LANDSCAPING ASSESSMENT DISTRICT NO. 38
FY 2023-24
A. The Act requires proceeds from the assessments must be deposited into a special fund that has
been set up for the revenues and expenditures of the District. Moreover, funds raised by the
assessment shall be used only for the purposes stated within this Report. Any balance remaining at
the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also
establish a reserve fund for contingencies and special projects as well as a capital improvement fund
for accumulating funds for larger capital improvement projects or capital renovation needs. Any
remaining balance would either be placed in the reserve fund or would be used to reduce future years'
assessments.
6.1.b
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CITY OF DIAMOND BAR PAGE 14
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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."
6.1.b
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CITY OF DIAMOND BAR PAGE 15
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within
the District.
B. Access to Improved landscaped areas and Other Public Improvements within the
District.
C. Improved Views within the District.
D. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
Moreover, the Dahms decision further clarified that certain services and improvements
funded by assessments, that are over and above what otherwise would be provided and
that other property in general and the public do not share or receive are 100% special
benefit. The assessment-funded services upheld by Dahms included streetscape
maintenance and security services.
6.1.b
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CITY OF DIAMOND BAR PAGE 16
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Special Benefit
The District was formed by a different engineer of record. From the original Engineer’s
Report, the primary special benefits on landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in
Diamond Bar.
2. A sense of community pride resulting from well-maintained green
spaces.
3. The enhancement of the value of property which results from the
foregoing benefits.1
In addition, SCI assessment engineers have identified the following special benefits:
Proximity to Improved L andscaped A reas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that
are over and above what otherwise would be provided. Improvements that are over and
above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
Access to I mproved L andscaped A reas within the District
Since the parcels in the District are nearly the only parcels that enjoy close access to the
Improvements, they directly benefit from the unique close access to improved
landscaping areas and other public improvements that are provided by the Assessments.
This is a direct advantage and special benefit to property in the District.
1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of
Diamond Bar, dated June 3, 2014
6.1.b
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CITY OF DIAMOND BAR PAGE 17
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Improved V iews within the Assessment Districts
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase
or impose a benefit assessment to “separate the general benefits from the special
benefits conferred on a parcel.” The rationale for separating special and general benefits
is to ensure that property owners subject to the benefit assessment are not paying for
general benefits. An assessment can fund special benefits but cannot fund general
benefits. Accordingly, a separate estimate of the special and general benefit is given in
this section.
In other words:
Total
Benefit = General
Benefit + Special
Benefit
6.1.b
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CITY OF DIAMOND BAR PAGE 18
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
There is no widely-accepted or statutory formula for general benefit. General benefits
are benefits from improvements or services that are not special in nature, are not
“particular and distinct” and are not “over and above” benefits received by other
properties. SVTA vs. SCCOSA provides some clarification by indicating that general
benefits provide “an indirect, derivative advantage” and are not necessarily proximate to
the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted
so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level
of service. The Assessment will fund Improvements “over and above” this general,
baseline level and the general benefits estimated in this section are over and above the
baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+
Benefit to
the Public
at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and
distinct benefit over and above general benefits conferred on real property located in the
district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special
benefit is conferred to a property if it “receives a direct advantage from the improvement
(e.g., proximity to a park).” In these Assessments, as noted, properties in the District
have close and unique proximity, views and access to the Improvements and uniquely
improved desirability from the Improvements and other properties and the public at large
do not receive significant benefits because they do not have proximity, access or views of
the Improvements. Therefore, the overwhelming proportion of the benefits conferred to
property is special and is only minimally received by property outside the Districts or the
public at large.
Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
6.1.b
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CITY OF DIAMOND BAR PAGE 19
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of the special benefits from the
Improvements because properties in the District enjoy unique close proximity and access
to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but
outside of the boundaries of the District, may receive some benefit from the
Improvements. Since this benefit is conferred to properties outside the District
boundaries, it contributes to the overall general benefit calculation and will not be funded
by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since the properties outside the District but with frontage abutting the Improvements
cannot be assessed by the District, this is a form of general benefit to other property. The
primary way that parcels outside the district benefit by the Improvements is from views.
Therefore, parcels that abut the landscape areas and are not separated from the
Improvements by a privacy fence are counted for this general benefit. Since very few of
the Improvements lie at the District boundary near occupied parcels, there are very few
parcels in this category. The general benefit to property outside of the District is
calculated as follows.
Benefit to Property Inside the Assessment Districts that is Indirect and
Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult
to calculate. A solid argument can be presented that all benefit within the District is
special, because the other Improvements are clearly “over and above” and “particular
and distinct” when compared with the baseline level of service and the unique proximity,
access and views of the other Improvements enjoyed by benefiting properties in the
District.
18 Parcels Outside District
18,422 Parcels In the District
18
18 +18,422 =0.10%
Calculation:
Assumptions:
General Benefit to Property Ouside the District
6.1.b
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CITY OF DIAMOND BAR PAGE 20
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as major
roads, rail lines and other regional facilities because such properties used for regional
purposes could provide indirect benefits to the public at large. Approximately 4.43% of
the land area in the District is used for such regional purposes, so this is a measure of the
general benefits to property within the District.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount
of time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. It should be noted
that these Improvements do not attract the public at large in the same way as park
improvements – and they confer far less benefit to the public at large than do similar park
improvements. In essence, the public does not visit an area to enjoy landscaping in the
same way as they may visit a park.
One way to measure the special benefit to the general public is by the vehicle trips
through an area with Improvements by people who are not residents within the District.
Of the four ways benefits are conferred (proximity, access, views, extension of a
property’s green space, and creation of lots), the only benefit that is conferred by way of
pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further
reduced to 10% due the brevity of the views and because views are less critically
important and are enjoyed much less often to the average non-resident driver than to a
resident.
Specific data is not available for the number of vehicle trips by non-residents of the
District past the Improvements, which lie mostly on arterial roadways. A conservative
estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of
10% =) 5.00% of the benefits from the other Improvements are general benefits to the
public at large.
Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 9.53%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
6.1.b
Packet Pg. 137
CITY OF DIAMOND BAR PAGE 21
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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%.
6.1.b
Packet Pg. 138
CITY OF DIAMOND BAR PAGE 22
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
The City owns and maintains local public streets along the border of the District
Improvements. These public streets provide access to the Improvements for its
enjoyment as well as efficient maintenance. The contribution from the City towards
general benefit from the maintenance of local public streets is conservatively estimated
to be 5%.
The value of the construction of the improvements can be quantified and monetized as
an annuity. Since this construction was performed and paid for by non-assessment funds,
this “annuity” can be used to offset general benefit costs and is conservatively estimated
to contribute 10%.
The total General Benefit is liberally quantified at 10% which is entirely offset by the
conservatively quantified total non-assessment contribution towards general benefit
described above of 25%. Therefore, no additional General Benefit must be funded by the
City.
Method of 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.
6.1.b
Packet Pg. 139
CITY OF DIAMOND BAR PAGE 23
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
The existing land use information indicates that well over 90 percent of the parcels within
the City of Diamond Bar are residences. Because the special benefits derived apply
equally to all residents and parcels, it has been determined that all assessable parcels
would receive the same net assessment.2
A nnual Assessment Calculation
For fiscal year 2023-24 the amount of Assessments for the District is not increased from
prior years. The assessment per parcel is $15.
Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments
be continued every year after their formation or annexation, so long as the public
Improvements need to be maintained and improved, and the City requires funding from
the Assessments for these Improvements in the District. As noted previously, the
Assessment can continue to be levied annually after the City Council approves an annually
updated Engineer’s Report, budget for the Assessment, Improvements to be provided,
and other specifics of the Assessment. In addition, the City Council must hold an annual
public hearing to continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in
error as a result of incorrect information being used to apply the foregoing method of
assessment may file a written appeal with the City of Diamond Bar City Manager or his or
her designee. Any such appeal is limited to correction of an Assessment during the then-
current Fiscal Year and applicable law. Upon the filing of any such appeal, the City
Manager or his or her designee will promptly review the appeal and any information
provided by the property owner. If the City Manager or his or her designee finds that the
Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been
filed with the County for collection, the City Manager or his or her designee is authorized
to refund to the property owner the amount of any approved reduction. Any dispute over
the decision of the City Manager or his or her designee shall be referred to the Diamond
Bar City Council, and the decision of the City Council shall be final.
2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of
Diamond Bar, dated June 3, 2014
6.1.b
Packet Pg. 140
CITY OF DIAMOND BAR PAGE 24
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Assessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other
costs shall be expended exclusively for Improvements within the boundaries of the
District or as described herein, and appropriate incidental and administrative costs as
defined in the Plans and Specifications section.
6.1.b
Packet Pg. 141
CITY OF DIAMOND BAR PAGE 25
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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 2023-24 is generally as follows:
Table 2: FY 2023-24 Summary Cost Estimate
Salaries & Benefits 48,717$
Operating Expenses & Services 446,100$
Total for Services 494,817$
Less General Fund Contribution (218,097)$
Net Amount to Assessments 276,720$
CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in
the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and
lots of land within the District, in accordance with the special benefits to be received by
each parcel or lot, from the Improvements, and more particularly set forth in the Estimate
of Cost and Method of Assessment in the Report.
6.1.b
Packet Pg. 142
CITY OF DIAMOND BAR PAGE 26
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
The Assessment is made upon the parcels or lots of land within the District in proportion
to the special benefits to be received by the parcels or lots of land, from the
Improvements.
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel
number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year
2023-24. 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 2023-24 for each parcel
or lot of land within the District.
Dated: June 2, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
6.1.b
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CITY OF DIAMOND BAR PAGE 27
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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 2023-24, and are incorporated herein by reference, and made
a part of this Diagram and this Report.
6.1.b
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CITY OF DIAMOND BAR PAGE 28
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
6.1.b
Packet Pg. 145
CITY OF DIAMOND BAR PAGE 29
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2023-24
BY SCICONSULTINGGROUP
Page 29
Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this
Report and is available for public inspection during normal office hours at the City Hall at
21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
6.1.b
Packet Pg. 146
Agenda #: 6.2
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT
DISTRICT NO. 39-2022 FOR FISCAL YEAR 2023/24.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Receive presentation, open Public Hearing to receive testimony, close Public
Hearing; and
B. Adopt Resolution No. 2023-27 to levy and collect assessments for Landscape
Assessment District No. 39-2022 for Fiscal Year 2023/24.
FINANCIAL SUMMARY:
The assessments generated by this District in the amount of $642,890, and $42,560 of
General Fund Contribution (6.62% General Benefit), with a $144,556 Fund Balance
Carryover, are included for the operation and maintenance costs in the Fiscal Year
2023/24 Budget Special Fund No. 239.
BACKGROUND/DISCUSSION:
As part of the 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
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 have been 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 XIIID of the California Constitution.
On April 4, 2023, the City Council adopted Resolution No. 2023-08, ordering the City
Engineer to prepare and file an Engineer's Report related to maintenance of
6.2
Packet Pg. 147
improvements in Landscaping Assessment District No. 39-2022 (District) and any
assessment thereon for Fiscal Year 2023/24.
On June 20, 2023, the City Council adopted Resolution No. 2023-22, declaring the
City's intention to levy and collect assessments for the District and directing staff to
advertise the Public Hearing to be set for the July 18, 2023, regular meeting.
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
39-2022 (Attachment 2), which has been prepared pursuant to provisions of the
Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and
Highways Code of the State of California, 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 1,246 parcels. The Engineer’s
Report contains a full and detailed description of the improvements, the boundaries of
the assessment district and contains the proposed assessments upon assessable lots
and parcels of land within the District. Said estimated cost results in a proposed Single-
Family Equivalent (“SFE”) assessment rate of $529.44 for Zone A, $516.20 for Zone B,
and $489.73 for Zone C for Fiscal Year 2023/24. Said proposed assessments include
an authorized annual increase equal to the change in the Los Angeles-Riverside-
Orange County Consumer Price Index (“CPI”) per year without further vote or ballot
proceeding. The annual CPI from December 2021 to December 2022 was 4.93%.
The assessments will be utilized for the general maintenance of slopes, open space
areas, and the five (5) mini parks within the District.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
6.2
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1. 6.2.a Resolution No. 2023-27
2. 6.2.b Engineer's Report - FY2023/24
6.2
Packet Pg. 149
RESOLUTION NO. 2023-27
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39-2022 FOR THE
FISCAL YEAR 2023-24.
WHEREAS, by its Resolution No. 2023-22, this Council approved a report of the
Engineer of Work related to City of Diamond Bar Assessment District No. 39-2022
(“District”) prepared pursuant to Article XIIID 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 2023-24. A diagram of the area
encompassed by said assessment district is attached hereto as Exhibit "A";
WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar;
WHEREAS, said hearing was duly and properly noticed, commenced in the
SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, on July
18, 2023, and was concluded prior to the adoption of this Resolution; and
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 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 2023-24 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.
6.2.a
Packet Pg. 150
Resolution No. 2023-27
2
Section 5. The assessment diagram contained in the report referred to
hereinabove and for each assessable lot located within said District the Single-Family
Equivalent (“SFE”) assessment rate of $529.44 for Zone A, $516.20 for Zone B, and
$489.73 for Zone C are hereby adopted and confirmed and said assessment hereby is
levied for the 2023-24 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 2023-24.
Section 7. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2023-24 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. 39-2022.
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 18th day of July 2023.
CITY OF DIAMOND BAR
Andrew Chou, Mayor
[Signatures continued on the following page]
6.2.a
Packet Pg. 151
Resolution No. 2023-27
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 18th day of July 2023, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
6.2.a
Packet Pg. 152
Resolution No. 2023-27
4
Exhibit “A”
6.2.a
Packet Pg. 153
FY 2023-24
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 39-2022
June 2023
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the
California Constitution
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page i
(This Page Intentionally Left Blank)
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page ii
C ity of Diamond Bar
City Council
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Councilmember
Chia Yu Teng, Councilmember
Steve Tye, Councilmember
City Staff
Dan Fox, City Manager
David Liu, Public Works Director / City Engineer
Hall Ghafari, Public Works Manager
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E., SCI Consulting Group
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page iii
(This Page Intentionally Left Blank)
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page iv
Table of Contents
Introduction .................................................................................................... 1
Overview ...................................................................................................................... 1
Engineer’s Report and Continuation of Assessments .................................................. 2
Legislative Analysis ....................................................................................................... 2
Plans & Specifications ..................................................................................... 5
Fiscal Year 2023-24 Estimate of Cost and Budget ............................................. 7
Budget for Fiscal Year 2023-24 ..................................................................................... 7
Method of Assessment Apportionment ........................................................... 9
Method of Apportionment ........................................................................................... 9
Discussion of Benefit .................................................................................................... 9
Special Benefit ............................................................................................................ 11
General Versus Special Benefit .................................................................................. 13
Benefit Finding ........................................................................................................... 14
Zones of Benefit ......................................................................................................... 17
Method of Apportionment ......................................................................................... 20
Residential Properties ................................................................................................ 20
Vacant/Undeveloped Properties ................................................................................ 20
Other Property Types ................................................................................................. 21
Annual Cost Indexing .................................................................................................. 22
Duration of Assessment ............................................................................................. 22
Appeals of Assessments Levied to Property .............................................................. 22
Assessment Funds Must Be Expended Within the District Area ................................ 23
Assessment ................................................................................................... 24
Assessment Diagram ..................................................................................... 26
Assessment Roll ............................................................................................ 28
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page v
List of Tables
Table 1: FY 2023-24 Estimate of Costs ................................................................................ 7
Table 2: Assessment Rate Determination ........................................................................... 8
Table 3: Relative Benefit Levels ........................................................................................ 13
Table 4: Zones of Benefit – Relative Levels ....................................................................... 18
Table 5: FY 2023-24 Summary Cost Estimate ................................................................... 24
6.2.b
Packet Pg. 159
City of Diamond Bar
Landscaping Assessment District No. 39
Engineer’s Report, Fiscal Year 2023-24
Page 1
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of
the City. In order to fund the maintenance and operation (“Services”) of these projects
and improvements, Landscaping Assessment District No. 39 was formed in 1985 by the
County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon
incorporation in 1989, the City assumed jurisdiction over the District. Since the passage
of Proposition 218, the assessments for this existing District cannot be increased beyond
the previously approved amount of $236.00 per parcel. This assessment amount does
not generate sufficient revenue to fund the District’s improvements and services, and the
annual shortfalls have been funded by the City’s General Fund.
In 2022, the City Council 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 was to replace the existing District No. 39
with a new District No. 39-2022 that would adhere to the existing boundary and include
the same improvements and services. These proposed assessments were supported by
52.03% of assessment ballots received from property owners (with each ballot weighted
by the amount of assessments it represented). Therefore, on March 15, 2022 by its
Resolution No. 2022-13, the City Council levied the new assessments for District No. 39-
2022.
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”).
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 2
Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2022, and
were intended to replace the original District No. 39 which was established in 1985. In
each subsequent year for which the assessments will be continued, the Diamond Bar City
Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and
proposed assessments for the upcoming fiscal year. After the report is completed, the
City Council may preliminarily approve the Engineer’s Report and the continued
assessments and establish the date for a public hearing on the continuation of the
assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant
to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District,
and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for July 18, 2023. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
Assessments for fiscal year 2023-24. 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 2023-24.
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.
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 3
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found that:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
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
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 4
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.
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 5
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. 39-2022, (“District”), and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in
the Method of Assessment herein. In addition to the definitions provided by the
Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are
generally described as mini-parks, slopes and open space areas within the District. The
Assessment Diagram shows the location and extent of the Improvements to be installed,
maintained or serviced by the proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis
courts, other recreational facilities, graffiti removal and repainting, and labor, materials,
supplies, utilities and equipment, as applicable, at each of the locations owned, operated
or maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage, lights, playground equipment,
play courts, playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements, or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 6
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 7
Fiscal Year 2023-24 Estimate of Cost and Budget
Budget for Fiscal Year 2023-24
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 2023-24 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2023-24 Estimate of Costs
Expenditure Item Amount
Salaries & Benefits 33,505$
Operating Expenses
Advertising 3,500
Utilities 134,000
Maintenance of Grounds/Buildings 190,200
Professional Services 6,500
Contract Services
Trail & Landscape Maintenance 161,600
Tree Maintenance 31,000
Weed/Pest Abatement 55,700
Additional Enhancement and Improvement -
Estimated Expenditures 616,005$
Contingencies/Reserves 214,001
Total Budget 830,006$
Revenue Item Amount
Direct Benefit Assessments 642,890$
Carryover from Fund Balance 144,556
General Fund Contribution 6.62%42,560
Estimated Revenues 1 830,006$
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.
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 8
Table 2 below shows how the assessment rates are determined including the estimated
number of single-family equivalents (“SFE”) and how the costs of improvements are
allocated to parcels in the various benefit zones as defined later in this Report.
Table 2: Assessment Rate Determination
Single-Family Equivalents Parcel SFE factor SFEs
Zone A 176 100.0%176.00
Zone B 971 97.5%946.73
Zone C 99 92.5%91.58
Total 1246 1,214.30
Budget Allocation to Parcels Amount
Total Assessment Revenue 642,890$
Total SFEs 1,214.30
Assessment per SFE 1 529.44$
Zone A Assessment Rate 529.44$
Zone B Assessment Rate 516.20$
Zone C Assessment Rate 489.73$
1. The rate shown here is for a single-family home or its equivalent. For the definition of the term
SFE and rates for other types of property, see the section titled, “Method of Assessment
Apportionment” and the sections following it in this report.
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 9
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the
Improvements and the methodology used to apportion the total assessment to properties
within the District.
The District consists of certain assessor parcels within the boundaries as defined by the
Assessment Diagram referenced in this report and the parcels identified by the Assessor
Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly
owned parcels as shown. The method used for apportioning the Assessment is based
upon the relative special benefits to be derived by the properties in the District over and
above general benefits conferred on real property or to the public at large. The
Assessment is apportioned to lots and parcels in proportion to the relative special benefit
from the Improvements. The apportionment of special benefit is a two-step process: the
first step is to identify the types of special benefit arising from the Improvements and the
second step is to allocate the Assessments to property based on the estimated relative
special benefit for each type of property.
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."
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 10
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial, and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity and access to Improved Landscaped Areas and Other Public
Improvements within the District.
B. Improved Views within the District.
C. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
D. Safety and Security within the District
E. Creation of individual lots for residential use that, in absence of the Assessments,
would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
Proximity
Expanded or improved access
Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
6.2.b
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 11
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 L andscaped A reas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that
are over and above what otherwise would be provided. Improvements that are over and
above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
Improved V iews within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
6.2.b
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Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 12
Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial, and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
Safety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private
improvements funded by the Assessments in the District, provides increased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical
fire suppression.
Creation of Individual Lots for Residential Use that, in Absence of the
Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for
improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided
and for development of the parcels to occur. As parcels were sold, new owners were
informed of the Assessments through the title reports, and in some cases, through
Department of Real Estate “White Paper” reports that the parcels were subject to
assessment. Purchase of property was also an “agreement” to pay the Assessment.
Therefore, in absence of the Assessments, the lots within most of the District would not
have been created. These parcels, and the improvements that were constructed on the
parcels, receive direct advantage and special benefit from the Assessments.
6.2.b
Packet Pg. 171
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 13
Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises
100% of the benefit because the Improvements were incorporated into the original
planning and design of the subdivision, and thus were deemed to be necessary and
required for the development of the lot. Without those Improvements and associated
benefit, the lots would not have been created in the first place. Nevertheless, four other
definitive benefits accruing to the parcels within the District are identified, and an
allowance should be made within the overall relative importance of benefits. The relative
benefit level of the five identified benefits used in this Report is shown below.
Table 3: Relative Benefit Levels
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
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
6.2.b
Packet Pg. 172
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 14
There is no widely accepted or statutory formula for general benefit. General benefits
are benefits from improvements or services that are not special in nature, are not
“particular and distinct” and are not “over and above” benefits received by other
properties. SVTA vs. SCCOSA provides some clarification by indicating that general
benefits provide “an indirect, derivative advantage” and are not necessarily proximate to
the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted
so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level
of service. The Assessment will fund Improvements “over and above” this general,
baseline level and the general benefits estimated in this section are over and above the
baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside the
Assessment District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+Benefit to the
Public at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and
distinct benefit over and above general benefits conferred on real property located in the
district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special
benefit is conferred to a property if it “receives a direct advantage from the improvement
(e.g., proximity to a park).” In these Assessments, as noted, properties in the District have
close and unique proximity, views and access to the Improvements and uniquely
improved desirability and other benefits from the Improvements, and the public at large
does not receive significant benefits because they do not have proximity, access or views
of the Improvements. Therefore, the overwhelming proportion of the benefits conferred
to property is special and is only minimally received by property outside the Districts or
the public at large.
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.
6.2.b
Packet Pg. 173
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 15
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all the special benefits from the
Improvements because properties in the District enjoy unique close proximity and access
to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but
outside of the boundaries of the District, may receive some benefit from the
Improvements. Since this benefit is conferred to properties outside the District
boundaries, it contributes to the overall general benefit calculation and will not be funded
by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are eight parcels outside the District that lie within a half mile travel
distance of one of mini parks within the District. In addition, there are 79 parcels outside
the District that are directly adjacent to areas where brush clearing activity is performed
by the District. The benefits conferred to these properties do not include the Lot Creation
benefit factor, therefore the benefit is reduced by 60%. The general benefit to property
outside of the District is calculated as follows.
87 Parcels Outside District
1,246 Parcels In the District
40%Benefit Factor
87
87 +1,246 x 40%
Assumptions:
Calculation:
General Benefit to Property Ouside the District
=2.61%
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.
6.2.b
Packet Pg. 174
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 16
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as
regional parks, major roads, rail lines and other regional facilities because such properties
used for regional purposes could provide indirect benefits to the public at large.
Approximately 1.51% of the land area in the District is used for such regional purposes,
so this is a measure of the general benefits to property within the District.
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 the
general benefit: use of parks, and pass-by trips where landscaped areas can be viewed.
In the case of the mini parks that serve primarily the neighborhood, City staff estimate
that approximately 10% of the users do not live, work or own property in the District. The
general landscape improvements are typically along slopes and open space areas, out of
view of the general public, so no general benefit is conferred for views of landscaping.
Finally, the general benefits conferred to the public at large does not include the benefit
of lot creation, so this benefit is further reduced by half. Therefore, we find that ((50% of
10%) x 50% =) 2.50% of the benefits from the Improvements are general benefits to the
public at large.
Total General Benefits
Using a sum of these three measures of general benefit,
2.61%Outside the District
1.51%Inside the District
2.50%Public At Large
6.62%Total General Benefit
Landscaping General Benefit Calculation
we find that approximately 6.62% of the benefits conferred by the Improvements may be
general in nature and should be funded by sources other than the assessment.
6.2.b
Packet Pg. 175
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 17
Zones of Benefit
The boundaries of the District were developed in conjunction and concurrent with the
planning and design of the subdivisions and Improvements, and thus include only the
properties in the City of Diamond Bar that are proximate to the Improvements and that
would materially benefit from the Improvements. Certain other properties surrounding
the District were not part of the designed association between the Improvements and the
assessed areas and are generally less proximate to the Improvements. In other words, the
boundaries of the District have been narrowly drawn to include only properties that will
specially benefit from the Improvements and would receive a declining level of service if
the Assessments were not approved.
The SVTA decision indicates:
“In a well-drawn district — limited to only parcels receiving special benefits from
the improvement — every parcel within that district receives a shared special
benefit. Under section 2, subdivision (i), these benefits can be construed as being
general benefits since they are not ‘particular and distinct’ and are not ‘over and
above’ the benefits received by other properties ‘located in the district.’
“We do not believe that the voters intended to invalidate an assessment district
that is narrowly drawn to include only properties directly benefiting from an
improvement. Indeed, the ballot materials reflect otherwise. Thus, if an
assessment district is narrowly drawn, the fact that a benefit is conferred
throughout the district does not make it general rather than special. In that
circumstance, the characterization of a benefit may depend on whether the parcel
receives a direct advantage from the improvement (e.g., proximity to park) or
receives an indirect, derivative advantage resulting from the overall public
benefits of the improvement (e.g., general enhancement of the district’s property
values).”
In the District, the benefit that each parcel receives from the Improvements is direct, and
the boundaries are narrowly drawn to include only parcels that benefit from the
Assessment. However, proximity to the improvements varies somewhat within the
District. In order to most conservatively assure that Assessments are proportional to the
relative benefits in the District, three zones have been created:
A. In the area south of Grand Avenue the concentration of landscaped areas (brush
and slopes) as well as mini parks is the greatest.
B. In the area north of Grand Avenue but south of Pantera Park there is less
concentration of landscaped slopes and brush-cleared areas, but still a high
concentration of mini parks.
6.2.b
Packet Pg. 176
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 18
C. In the area around and north of Pantera Park there is less concentration of
landscaped slopes and brush-cleared areas and no mini parks within a half mile.
Based on the varying characteristics of these three distinct zones, each of the five benefit
categories have been assigned a benefit factor to estimate the overall relative benefit.
Using Zone A as the benchmark (100%), the other two zones derive less benefit due to
the proximity of relatively fewer improvements. This estimation is summarized below.
Table 4: Zones of Benefit – Relative Levels
Benefit Category Weight
Factor Benefit Factor Benefit Factor Benefit
Proximity & Access 10%100%10.0%75%7.5%75%7.5%
Views 10%100%10.0%100%10.0%75%7.5%
Outdoor Area Ext.10%100%10.0%100%10.0%75%7.5%
Safety & Security 10%100%10.0%100%10.0%100%10.0%
Creation of Lots 60%100%60.0%100%60.0%100%60.0%
Relative Benefit 100.0%97.5%92.5%
Zone A Zone B Zone C
A map of these zones is shown on the following page.
6.2.b
Packet Pg. 177
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 19
6.2.b
Packet Pg. 178
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 20
Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive
Improvements that will clearly confer special benefits to properties in the proposed
District. The allocation of special benefits to property is partially based on the type of
property and the size of property. These benefits can also partially be measured by the
occupants on property in the District because such parcel population density is a measure
of the relative benefit a parcel receives from the Improvements. It should be noted that
many other types of “traditional” assessments also use parcel population densities to
apportion the Assessments. For example, the assessments for sewer systems, roads and
water systems are typically allocated based on the population density of the parcels
assessed. Therefore, the apportionment of benefit is reasonably based on the type of
parcel, the size of parcels and the population density of parcels.
The next step in apportioning Assessments is to determine the relative special benefit for
each property. This process involves determining the relative benefit received by each
property in relation to a single-family home, or, in other words, on the basis of Single-
Family Equivalents (SFE). This SFE methodology is commonly used to distribute
Assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of Assessments. For the
purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each
property’s relative benefit in relation to a single-family home on one parcel. In this case,
the "benchmark" property is the single-family detached dwelling which is one Single
Family Equivalent or one SFE.
Residential Properties
In the District, there is only one type of residential property present: the single-family
home. Other types of residential property, such as multifamily, apartments and
condominiums, are not present. Furthermore, the property in the District is fully
developed, has been stable since its original development in the late 1980s, and is zoned
such that a change in that dominate land use is not expected in the future. As a result,
there is no need for a detailed analysis of population densities to determine relative
benefit for other types of residential properties. Each single-family residential property is
assigned one SFE.
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.
6.2.b
Packet Pg. 179
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 21
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 four other types of property uses to
be considered: School, municipal park, water utility, and open space. These are discussed
below.
School Property: Pantera Elementary School lies within the District and may derive some
benefit from the Improvements. However, all benefits that may be derived from the
Improvements are included in the General Benefits calculation noted earlier. Therefore,
the School accrues no further Special Benefit and is not assessed a fee.
Municipal Park: Pantera Park lies partly within the District. However, all benefits that
may be derived from the improvements are included in the General Benefits calculation
noted earlier. Therefore, the park accrues no further special benefit and is not assessed
a fee.
Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used
to supply water for domestic use and fire protection. This property has no people
stationed on-site and derives no benefit in any category. Therefore, it is not assessed a
fee.
Open Space: The open space parcels that lie within the District are part of the
improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a
fee.
6.2.b
Packet Pg. 180
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 22
Annual Cost Indexing
The assessment shall be subject to an adjustment tied to the Consumer Price Index-U for
the Los Angeles-Riverside-Orange County area as of December of each succeeding year
(the “CPI”). The maximum authorized assessment rate is equal to the maximum
assessment rate in the first fiscal year the Assessment was levied adjusted annually by the
change in CPI.
Duration of Assessment
It is proposed that the Assessments, if approved by property owners, will be continued
every year after their formation, so long as the public Improvements need to be
maintained and improved, and the City requires funding from the Assessments for these
Improvements in the District. As noted previously, the Assessment can continue to be
levied annually after the City Council approves an annually updated Engineer’s Report,
budget for the Assessment, Improvements to be provided, and other specifics of the
Assessment. In addition, the City Council must hold an annual public hearing to
continue the Assessment.
Appeals of Assessments Levied 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.
6.2.b
Packet Pg. 181
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 23
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.
6.2.b
Packet Pg. 182
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 24
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 2023-24 is generally as follows:
Table 5: FY 2023-24 Summary Cost Estimate
Salaries & Benefits 33,505$
Operating Expenses & Services 582,500
214,001
Total Budget 830,006$
Less General Fund Contribution (42,560)
Less Carryover (144,556)
Net Amount to Assessments 642,890$
Enhancements / Improvements / Reserves
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.
6.2.b
Packet Pg. 183
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 25
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
2023-24. 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 2023-24 for each parcel
or lot of land within the District.
Dated: June 2, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
6.2.b
Packet Pg. 184
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 26
Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 39-2022 are shown on the Assessment Diagram, which is on file with the City Clerk of
the City of Diamond Bar and includes all those properties included in the original
formation of the District and subsequent annexations. The following Assessment Diagram
is for general location only and is not to be considered the official boundary map. The
lines and dimensions of each lot or parcel within the District are those lines and
dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal
Year 2023-24, and are incorporated herein by reference, and made a part of this Diagram
and this Report.
6.2.b
Packet Pg. 185
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 27
6.2.b
Packet Pg. 186
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2023-2024
Page 28
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.
6.2.b
Packet Pg. 187
Agenda #: 6.3
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT
DISTRICT NO. 41-2021 FOR FISCAL YEAR 2023/24.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Receive presentation, open Public Hearing to receive testimony, close Public
Hearing; and
B. Adopt Resolution No. 2023-28 to levy and collect assessments for Landscape
Assessment District No. 41-2021 for Fiscal Year 2023/24.
FINANCIAL IMPACT:
The assessments generated by this District in the amount of $301,806, and $11,298 of
General Fund Contribution (3.84% General Benefit), with an $18,692 Fund Balance
Carryover, are included for the operation and maintenance costs in the Fiscal Year
2023/24 Budget Special Fund No. 241.
BACKGROUND/DISCUSSION:
As part of the assessment district updates, the City must undergo a three-step process.
Throughout the entire process, all proceedings for the maintenance of improvements
have been 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 XIIID of the California Constitution.
On April 4, 2023, the City Council adopted Resolution No. 2023-09, ordering the City
Engineer to prepare and file an Engineer's Report related to maintenance of
improvements in Landscaping Assessment District No. 41-2021 (District) and any
assessment thereon for Fiscal Year 2023/24.
6.3
Packet Pg. 188
On June 20, 2023, the City Council adopted Resolution No. 2023-23, declaring the
City's intention to levy and collect assessments for the District and directing staff to
advertise the Public Hearing to be set for the July 18, 2023, regular meeting.
This is the final part of the three-step process in which the City Council conducts a
public hearing on the District’s proposed annual assessment, and subsequently
considers the related resolutions confirming the levy assessments.
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
41-2021 (Attachment 2), which has been prepared pursuant to provisions of the
Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and
Highways Code of the State of California, 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 554 parcels. The Engineer’s
Report contains a full and detailed description of the improvements, the boundaries of
the assessment district, and the proposed assessments upon assessable lots and
parcels of land within the District for Fiscal Year 2023/24. Said proposed assessment
amounts for the single-family and multi-family parcels are $557.21 and $512.64,
respectively, an increase of 3% from Fiscal Year 2022/23.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.3.a Resolution No. 2023-28
2. 6.3.b Engineer's Report - FY2023-24
6.3
Packet Pg. 189
RESOLUTION NO. 2023-28
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL
YEAR 2023-24.
RECITALS
WHEREAS, by Resolution No. 2023-23, the City Council approved a report of the
Engineer of Work (the “Report”) related to City of Diamond Bar Landscape Assessment
District No. 41-2021 (“District”) prepared pursuant to Article XIIID 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 2023-
24. A diagram of the area encompassed by the District is attached hereto as Exhibit "A";
WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar;
WHEREAS, said hearing was duly and properly noticed, commenced in the
SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California on July 18,
2023, and was concluded prior to the adoption of this Resolution; and
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 of this Resolution are in all respects true and correct.
Section 2. The City 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, and other reports and information,
the City Council hereby finds that (i) the land within the District will be benefitted by the
improvements specified in the Report, (ii) the District includes all of the lands so
benefitted, and (iii) the net amount to be assessed upon the lands within the District for
the 2023-24 fiscal year 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 are hereby ordered to be
completed.
6.3.a
Packet Pg. 190
Resolution No. 2023-28
2
Section 5. The assessment diagram contained in the Report and the assessment
amounts of $557.21 and $512.64 for the single-family and multi-family parcels,
respectively, within said District are hereby adopted and confirmed and said assessment
hereby is levied for the 2023-24 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 for Fiscal Year 2023-24.
Section 7. The City Council hereby certifies that the assessments to be placed
on the 2023-24 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
Landscape Assessment District No. 41-2021.
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 18th day of July 2023.
CITY OF DIAMOND BAR
_______
Andrew Chou, Mayor
[Signatures continued on the following page]
6.3.a
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Resolution No. 2023-28
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 18th day of July 2023, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
_______
Kristina Santana, City Clerk
6.3.a
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Resolution No. 2023-28
4
Exhibit A
Landscape Assessment District 41-2021
6.3.a
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FY 2023-24
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 41-2021
June 2023
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California
Constitution
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page ii
(This Page Intentionally Left Blank)
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page iii
C ity of Diamond Bar
City Council
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Councilmember
Chia Yu Teng, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
P ublic Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.
SCI Consulting Group
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page iv
(This Page Intentionally Left Blank)
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page v
Table of Contents
Introduction .................................................................................................... 1
Overview ...................................................................................................................... 1
Engineer’s Report and Continuation of Assessments .................................................. 2
Legislative Analysis ....................................................................................................... 2
Plans & Specifications ..................................................................................... 5
Fiscal Year 2022-22 Estimate of Cost and Budget ............................................. 7
Budget for Fiscal Year 2023-24 ..................................................................................... 7
Method of Assessment Apportionment ........................................................... 9
Method of Apportionment ........................................................................................... 9
Discussion of Benefit .................................................................................................... 9
Special Benefit ............................................................................................................ 11
General Versus Special Benefit .................................................................................. 13
Benefit Finding ........................................................................................................... 15
Method of Apportionment ......................................................................................... 17
Residential Properties ................................................................................................ 18
Vacant/Undeveloped Properties ................................................................................ 18
Other Property Types ................................................................................................. 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 ..................................................................................... 24
Assessment Roll ............................................................................................ 25
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page vi
List of Tables
Table 1: FY 2023-24 Estimate of Costs ................................................................................ 7
Table 2: Assessment Rate Determination ........................................................................... 8
Table 3: FY 2023-24 Summary Cost Estimate ................................................................... 21
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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.
In 2021, the City Council 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 was 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.
These proposed assessments were supported by 87.55% of assessment ballots received
from property owners (with each ballot weighted by the amount of assessments it
represented). Therefore, on July 6, 2021 by its Resolution No. 2021-33, the City Council
levied the new assessments for District No. 41-2021.
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”).
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 2
Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2021, and
were intended to replace the original District No. 41 which was established in 1985. In
each subsequent year for which the assessments will be continued, the Diamond Bar City
Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and
proposed assessments for the upcoming fiscal year. After the report is completed, the
City Council may preliminarily approve the Engineer’s Report and the continued
assessments and establish the date for a public hearing on the continuation of the
assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant
to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District,
and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for July 18, 2023. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
Assessments for fiscal year 2023-24. 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 2023-24.
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.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 3
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found that:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 4
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.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 5
Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 41-2021, (“District”), and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in
the Method of Assessment herein. In addition to the definitions provided by the
Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are
generally described as mini-parks, slopes and open space areas within the District. The
Assessment Diagram shows the location and extent of the Improvements to be installed,
maintained or serviced by the proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies,
utilities and equipment, as applicable, at each of the locations owned, operated or
maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage, lights, playground equipment,
play courts, playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements; or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 6
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 7
Fiscal Year 2022 -22 Estimate of Cost and Budget
Budget for Fiscal Year 2023-24
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 2023-24 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2023-24 Estimate of Costs
Expenditure Item Amount
Salaries & Benefits 51,788$
Operating Expenses
Advertising 3,500
Utilities 78,000
Maintenance of Grounds/Buildings 13,800
Professional Services 6,500
Contract Services
Landscape Maintenance 65,000
Tree Maintenance 21,200
Weed/Pest Abatement 60,300
Capital Improvements 0
Estimated Expenditures 300,088$
Contingencies/Reserves 31,708
Total Budget 331,796$
Revenue Item Amount
Direct Benefit Assessments 301,806$
Carryover from Prior Year 18,692
General Fund Contribution 3.84%11,298
Estimated Revenues 1 331,796$
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
1. The Act requires that proceeds from the assessments must be deposited
into a special fund that has been set up for the revenues and expenditures
of the District. Moreover, funds raised by the assessment shall be used only
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 8
for the purposes stated within this Report. Any balance remaining at the
end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year.
The District may also establish a reserve fund for contingencies and special
projects as well as a capital improvement fund for accumulating funds for
larger capital improvement projects or capital renovation needs. Any
remaining balance would either be placed in the reserve fund or would be
used to reduce future years' assessments.
Table 2 below shows how the assessment rates are determined including the estimated
number of single-family equivalents (“SFE”) and how the costs of improvements are
allocated to parcels as defined later in this Report.
Table 2: Assessment Rate Determination
Single-Family Equivalents Parcels SFE factor SFEs
Single Family Parcels 410 100%410.00
Condominium Parcels 144 92%132.48
Total 554 542.48
Budget Allocation to Parcels
Total Amount Assessed 301,806$
Total SFEs 542.48
Assessment per SFE 1 557.21$
Single-Family Assessment 557.21$
Condominium Assessment 512.64$
1. The rate shown here is for a single-family home or its equivalent. For the
definition of the term SFE and rates for other types of property, see the
section titled, “Method of Assessment Apportionment” and the sections
following it in this report.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 9
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the
Improvements and the methodology used to apportion the total assessment to properties
within the District.
The District consists of certain assessor parcels within the boundaries as defined by the
Assessment Diagram referenced in this report and the parcels identified by the Assessor
Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly
owned parcels as shown. The method used for apportioning the Assessment is based
upon the relative special benefits to be derived by the properties in the District over and
above general benefits conferred on real property or to the public at large. The
Assessment is apportioned to lots and parcels in proportion to the relative special benefit
from the Improvements. The apportionment of special benefit is a two-step process: the
first step is to identify the types of special benefit arising from the Improvements and the
second step is to allocate the Assessments to property based on the estimated relative
special benefit for each type of property.
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."
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 10
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within
the District.
B. Improved Views within the District.
C. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
D. Safety and Security within the District
E. Creation of individual lots for residential and commercial use that, in absence of
the Assessments, would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 11
Moreover, the Dahms decision further clarified that certain services and improvements
funded by assessments, that are over and above what otherwise would be provided and
that other property in general and the public do not share or receive are 100% special
benefit. The assessment-funded services upheld by Dahms included streetscape
maintenance and security services.
Special Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to Improved Landscaped Areas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements
that are over and above what otherwise would be provided. Improvements that are over
and above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
Improved V iews within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 12
Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
Safety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private
improvements funded by the Assessments in the District, provides increased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical
fire suppression.
Creation of Individual L ots for R esidential Use that, in A bsence of the
Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for
improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided
and for development of the parcels to occur. As parcels were sold, new owners were
informed of the Assessments through the title reports, and in some cases, through
Department of Real Estate “White Paper” reports that the parcels were subject to
assessment. Purchase of property was also an “agreement” to pay the Assessment.
Therefore, in absence of the Assessments, the lots within most of the District would not
have been created. These parcels, and the improvements that were constructed on the
parcels, receive direct advantage and special benefit from the Assessments.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 13
Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises
100% of the benefit because the Improvements were incorporated into the original
planning and design of the subdivision, and thus were deemed to be necessary and
required for the development of the lot. Without those Improvements and associated
benefit, the lots would not have been created in the first place. Nevertheless, four other
definitive benefits accruing to the parcels within the District are identified, and an
allowance should be made within the overall relative importance of benefits. The relative
benefit level of the five identified benefits used in this Report is shown below.
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase
or impose a benefit assessment to “separate the general benefits from the special
benefits conferred on a parcel.” The rationale for separating special and general benefits
is to ensure that property owners subject to the benefit assessment are not paying for
general benefits. An assessment can fund special benefits but cannot fund general
benefits. Accordingly, a separate estimate of the special and general benefit is given in
this section.
In other words:
Total
Benefit = General
Benefit + Special
Benefit
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 14
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.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 15
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 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%
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 16
Benefit to Property Inside the Assessment Districts that is Indirect and
Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult
to calculate. A solid argument can be presented that all benefit within the District is
special, because the other Improvements are clearly “over and above” and “particular
and distinct” when compared with the baseline level of service and the unique proximity,
access and views of the other Improvements enjoyed by benefiting properties in the
District.
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as
regional parks, major roads, rail lines and other regional facilities because such properties
used for regional purposes could provide indirect benefits to the public at large. The
District boundaries are narrowly drawn to include only the residential areas within the
neighborhood, and there are no regional facilities within the District. Therefore, the
indirect and derivative general benefits to property within the District are zero.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount
of time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. It should be noted
that these Improvements do not attract the public at large in the same was as park
improvements, and they confer far less benefit to the public at large than do similar park
improvements. In essence, the public does not visit an area to enjoy slope improvements
in the same way as they may visit a park.
However, certain slopes maintained by the District may provide some enhancement to
views enjoyed by the public as they drive past. Approximately 25% of the slopes and
linear green areas maintained by the District lie along arterial roadways that carry a high
percentage of traffic not associated with people who are not residents or property owners
within the District. While there are not statistics available as to what percentage of pass-
by vehicle trips are by non-residents or non-property owners, a liberal factor of 90% is
assumed. Finally, of all the types of benefits conferred by the Improvements, passersby
only benefit from views, which are estimated at 10% of the total benefits. Therefore, we
find that ((90% of 25%) x 10% =) 2.25% of the benefits from the Improvements are general
benefits to the public at large.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 17
Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 3.84%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
1.59%
0.00%
2.25%
3.84%
Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive
Improvements that will clearly confer special benefits to properties in the proposed
District. The allocation of special benefits to property is partially based on the type of
property and the size of property. These benefits can also partially be measured by the
occupants on property in the District because such parcel population density is a measure
of the relative benefit a parcel receives from the Improvements. It should be noted that
many other types of “traditional” assessments also use parcel population densities to
apportion the Assessments. For example, the assessments for sewer systems, roads and
water systems are typically allocated based on the population density of the parcels
assessed. Therefore, the apportionment of benefit is reasonably based on the type of
parcel, the size of parcels and the population density of parcels.
The next step in apportioning Assessments is to determine the relative special benefit for
each property. This process involves determining the relative benefit received by each
property in relation to a single-family home, or, in other words, on the basis of Single-
Family Equivalents (“SFE”). This SFE methodology is commonly used to distribute
Assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of Assessments. For the
purposes of this Engineer’s Report, all properties are designated a SFE value, which is each
property’s relative benefit in relation to a single-family home on one parcel. In this case,
the "benchmark" property is the single-family detached dwelling which is one Single
Family Equivalent or one SFE.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 18
Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit
are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and
zero-lot line houses are included in this category of single-family residential property. If
there is more than one single family detached dwelling on a parcel, it will be charged one
SFE per single family detached dwelling.
Another residential property type in the District is the condominium. These properties
benefit from the Improvements in proportion to the average number of people who
reside in multi-family residential units versus the average number of people who reside
in a single-family home (Population Density Factor, or PDF). Using the total population of
each property type in the City from recent Census data and dividing it by the total number
of such households reveals that approximately 3.42 persons occupy each single-family
residence, whereas an average of 2.48 persons occupy each condominium. The ratio of
2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for
condominiums.
The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other
benefit categories are applicable to condominiums in full measure. The calculation of the
overall SFE factors are summarized below.
Benefit Category
PDF SFE Factor PDF SFE Factor
Proximity & Access 10%100%10.0%73%7.3%
Views 10%100%10.0%73%7.3%
Outdoor Area Extension 10%100%10.0%73%7.3%
Safety & Security 10%100%10.0%100%10.0%
Creation of Lots 60%100%60.0%100%60.0%
TOTAL Benefit 100%100%92%
SFR CondoWeight
There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments)
in the District, and none are foreseen in the near future. Therefore, no SFR-based
assessment rate is calculated.
Vacant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the
following discussion is included in the event that properties become vacant in the future.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 19
The benefit to undeveloped properties is determined to be proportional to the
corresponding benefits for similar type developed properties, but at a lower rate due to
the lack of improvements on the property. A measure of the benefits accruing to the
underlying land is the average value of land in relation to Improvements for developed
property. An analysis of the assessed valuation data from the City of Diamond Bar found
that approximately 45% of the assessed value of improved properties is classified as the
land value. It is reasonable to assume, therefore, that approximately 45% of the benefits
are related to the underlying land and 55% are related to the improvements and the day-
to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels
is 0.45 per parcel.
Other Property Types
Notwithstanding the foregoing discussion, there are two other types of property uses to
be considered: Water utility and open space. These are discussed below.
Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used
to supply water for domestic use and fire protection. This property has no people
stationed on-site and derives no benefit in any category. Therefore, it is not assessed a
fee.
Open Space: The open space parcels that lie within the District are part of the
improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a
fee.
The property in the District is fully developed, has been stable since its original
development in the late 1980s, and is zoned such that a change in the predominately
residential land use is not expected in the future. As a result, there is no analysis of type,
size and population densities for other uses such as commercial, industrial and
institutional properties.
A nnual Assessment Calculation
The assessment shall be subject to an adjustment up to a cap of 3% annually, which
adjustment shall be based upon actual costs, including any reasonable reserves,
supported by an Engineer’s Report prepared in accordance with Article XIIID of the
California Constitution. If the Engineer’s Report does not support an increase or supports
a reduction in the assessment, then the assessment shall not be increased or shall be
lowered as applicable.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 20
Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments
be continued every year after their formation or annexation, so long as the public
Improvements need to be maintained and improved, and the City requires funding from
the Assessments for these Improvements in the District. As noted previously, the
Assessment can continue to be levied annually after the City Council approves an annually
updated Engineer’s Report, budget for the Assessment, Improvements to be provided,
and other specifics of the Assessment. In addition, the City Council must hold an annual
public hearing to continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels the Assessment levied on the subject property is in error
as a result of incorrect information being used to apply the foregoing method of
assessment may file a written appeal with the City of Diamond Bar City Manager or his or
her designee. Any such appeal is limited to correction of an Assessment during the then-
current Fiscal Year and applicable law. Upon the filing of any such appeal, the City
Manager or his or her designee will promptly review the appeal and any information
provided by the property owner. If the City Manager or his or her designee finds the
Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been
filed with the County for collection, the City Manager or his or her designee is authorized
to refund to the property owner the amount of any approved reduction. Any dispute over
the decision of the City Manager or his or her designee shall be referred to the Diamond
Bar City Council, and the decision of the City Council shall be final.
Assessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other
costs shall be expended exclusively for Improvements within the boundaries of the
District or as described herein, and appropriate incidental and administrative costs as
defined in the Plans and Specifications section.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 21
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 2023-24 is generally as follows:
Table 3: FY 2023-24 Summary Cost Estimate
Salaries & Benefits 51,788$
Operating Expenses & Services 248,300
Capital Expenses/Reserves 31,708
Total Budget 331,796$
Less General Fund Contribution (11,298)
Less Carryover (18,692)
Net Amount to Assessments 320,498$
Fund and Budget Summary Fiscal Year 2023-24
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
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.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 22
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
2023-24. 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 2023-24 for each parcel
or lot of land within the District.
Dated: June 2, 2023
Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 23
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
Page 24
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 2023-24, and are incorporated herein by reference, and made a part of this Diagram
and this Report.
6.3.b
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2023-24
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.
6.3.b
Packet Pg. 224
Agenda #: 7.1
Meeting Date: July 18, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: UPDATED PROGRAM POLICIES FOR THE DIAMOND BAR HOME
IMPROVEMENT PROGRAM
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Determine that the proposed action does not constitute a project and is therefore
exempt from the California Environmental Quality Act (“CEQA”); and
B. Adopt Resolution No. 2023-29 approving the updated Program Policies for the City’s
Home Improvement Program.
FINANCIAL IMPACT:
The updated Home Improvement Program is funded annually with federal Community
Development Block Grant (CDBG) and state Permanent Local Housing Allocation
(PLHA) funds, and thus does not impact the City’s General Fund.
BACKGROUND & DISCUSSION
The City’s Home Improvement Program (HIP) was originally established in 2003 as a
CDBG-funded program, providing interest-free, deferred loans to eligible homeowners
for the maintenance of safe, decent and sanitary housing. HIP funds are used to
correct hazardous structural conditions; to make reasonable accommodations for
persons with disabilities; to improve the overall exterior appearance of the home; to
eliminate an appearance of blight; to provide energy-efficient upgrades; and to correct
exterior code violations. The HIP Program Policies were last updated in 2016.
Because of the spending restrictions on CDBG funds, the households eligible to receive
HIP loans have been limited to owner/occupants of single-family homes with household
incomes not exceeding 80 percent of Los Angeles County’s Area Median Income (AMI).
PLHA funds, however, have fewer restrictions, and allow HIP loans to also be issued to
7.1
Packet Pg. 225
households earning up to 150 percent of AMI, as well as to owner/occupants of
condominiums.
On June 20, 2023, the City Council approved the expansion of the HIP to utilize both
CDBG and PLHA funds to broaden the scope of homeowners eligible to receive HIP
loans. To implement the expanded program, the attached updated Program Policies
(Attachment 2) have been prepared for Council consideration and will supersede the
current policy document. A redline/strikeout version of the updated Program Policies is
included as Attachment 3 to show how the document has been revised.
Summary of Updated Program Policies
Key changes to proposed updated HIP Program Policies are highlighted below:
• The maximum loan amount for single-family detached homes is increased from
$20,000 to $30,000.
• Owner-occupants of condominiums that meet the household income requirements
are now eligible for HIP loans for up to $20,000, provided that PLHA funds are
available. The maximum loan amount is lower than the cap for single-family
detached homes because costlier improvements, such as roof maintenance and
exterior repairs, are the responsibility of the condominium homeowners associations,
not the individual homeowners.
• PLHA funds may be used to issue loans to households (both single-family detached
and condominium) earning up to 150% of the Area Median Income (AMI) for Los
Angeles County. CDBG funds continue to be restricted to owner-occupied
households of single-family detached housing earning no more than 80% of AMI.
• A minimum loan amount of $10,000 is now required. Previously, no minimum was
specified. Establishing a minimum loan amount encourages homeowners to
address more improvements at once, and provides economies of scale with respect
to the administrative costs associated with processing loans.
ENVIRONMENTAL ANALYSIS:
The proposed revisions to the HIP Program Policies do not constitute a project under
the California Environmental Quality Act (“CEQA”). As such, this matter is exempt
under CEQA.
PREPARED BY:
7.1
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REVIEWED BY:
Attachments:
1. 7.1.a Resolution No. 2023-29
2. 7.1.b 2023 HIP Program Policy
3. 7.1.c HIP Policies - Tracked Changes
7.1
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RESOLUTION NO. 2023-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING UPDATED PROGRAM POLICIES FOR THE HOME
IMPROVEMENT PROGRAM.
WHEREAS, the City of Diamond Bar Home Improvement Program (“HIP”) was
originally established in 2003 to preserve and enhance residential neighborhoods
throughout the City by providing interest-free, deferred loans to eligible owner-occupants
of single family detached dwellings for the following purposes: the preservation of safe,
decent and sanitary housing; to correct hazardous structural conditions; to make
reasonable accommodations for persons with disabilities; to improve the overall exterior
appearance of the home; to eliminate an appearance of blight; to provide energy-efficient
upgrades; and to correct exterior code violations;
WHEREAS, the City desires to update the HIP Program Policies to allow both
Community Development Block Grant (“CDBG”) and Permanent Local Housing Allocation
(“PLHA”) monies to be used as funding sources for HIP loans, thereby enabling the City
to offer loans to more households and income categories than would otherwise be
possible with CDBG monies as the sole funding source;
WHEREAS, the City desires to expand the HIP by providing interest-free, deferred
loans to eligible owner-occupants of condominium dwellings;
WHEREAS, the City desires to increase the maximum loan amount for the Single-
Family Home Improvement Program (“SHIP”), inclusive of all fees, from $20,000 to
$30,000; and
WHEREAS, the City desires to set the maximum loan amount for the
Condominium Home Improvement Program (“CHIP”), inclusive of all fees, at $20,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. That the updated HIP Program Policies are hereby adopted as shown
in Exhibit “A” attached hereto, and supersedes all previous Program Policies.
Section 2. That the City Council determines that the proposed action does not
constitute a project under the California Environmental Quality Act (“CEQA”), based on
Section 15061(b)(3) of the CEQA Guidelines.
Section 3. 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.
7.1.a
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Resolution No. 2023-29
2
PASSED, APPROVED, AND ADOPTED this 18th day of July, 2023.
CITY OF DIAMOND BAR
__________________________
Andrew Chou, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California 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 18th
day of July, 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
__________________________
Kristina Santana, City Clerk
7.1.a
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PROGRAM
PROGRAM POLICIES
CITY OF DIAMOND BAR
DEPARTMENT OF COMMUNITY
DEVELOPMENT
21825 EAST COPLEY DRIVE
DIAMOND BAR, CA 91765
REVISED DRAFT
DECEMBER 29, 2008
City of Diamond Bar
Community Development Department
21810 Copley Drive
Diamond Bar, CA 91765
Program
Policies
Home Improvement Program
ADOPTED BY THE CITY COUNCIL:
Resolution No. 2023-XX
____ __, 2023
Exhibit “A” 7.1.b
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Home Improvement Program Policies | July 18, 2023 Page 1 of 16
I. INTRODUCTION AND OVERVIEW
A. Purpose and Goal
The purpose of the City of Diamond Bar Home Improvement Program (HIP) is to
preserve and enhance residential neighborhoods throughout the City by providing
interest-free loans to eligible owners of single family detached and attached dwellings
for the following purposes: the preservation of safe, decent and sanitary housing; to
correct hazardous structural conditions; to make reasonable accommodations for
persons with disabilities; to improve the overall exterior appearance of the home; to
eliminate an appearance of blight; improve energy efficiency; and to correct exterior
code violations.
The HIP encompasses two loan categories:
1. The Single-Family Home Improvement Program (SHIP) offers interest-free,
deferred loans to income-eligible, owner-occupants of detached, single-family
homes, where the owner is responsible for the maintenance of both the exterior
and interior of the structure.
2. The Condominium Home Improvement Program (CHIP) offers interest-free,
deferred loans to income-eligible, owner-occupants of condominiums, where a
homeowners association (HOA) is primarily responsible for exterior structure
maintenance.
B. Program Objectives
Interest-free, deferred loans may be provided to eligible low- and moderate- income
households of owner-occupied residences to cover the cost of housing repairs in
accordance with the criteria outlined within this program. A loan shall be repaid in full
upon the sale or transfer of the home; when the loan recipients no longer occupy the
property; when the property is refinanced; or when the loan recipients become owners
of any other real property.
C. Source of Funds
Funds for the Home Improvement Program are administered by the Los Angeles
County Development Authority (LACDA) through a subrecipient agreement with the
City of Diamond Bar. LACDA acts as an agent for, and receives HIP funding from
the following sources:
1. Community Development Block Grant (CDBG) funds made available by the
U.S. Department of Housing and Urban Development (HUD). These funds are
specifically targeted to benefit households earning no more than 80% of the Area
Median Income (AMI).
7.1.b
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Home Improvement Program Policies | July 18, 2023 Page 2 of 16
2. Permanent Local Housing Allocation (PLHA) funds collected through State
Property Transfer Fees. These funds may be used to benefit households earning
up to 150% of AMI.
PLHA funds allow for a much broader scope of home improvement types and
household income categories than CDBG funds. The following restrictions in the use
of CDBG funds must be taken into account when determining which funding source
to use for a loan:
• CDBG funds cannot be used to fund CHIP loans.
• CDBG funds cannot be used when issuing loans to households earning more than
80% of AMI.
Although CDBG and PLHA funds may be pooled to fund a SHIP loan for a household
earning up to 80% of AMI, commingling of funding sources should be avoided to
minimize the risk of future accounting errors and audit findings, and in most cases
should be unnecessary.
D. Denied Applications
Applicants who are denied authorization to participate in the City of Diamond Bar’s
Home Improvement Program for any reason other than failure to submit a complete
application may not reapply for assistance within the following two (2) years after the
date of the denial of the application.
II. SINGLE-FAMILY HOME IMPROVEMENT LOANS
Eligible homeowners may utilize assistance under the deferred loan program. Repeat
assistance will be allowed for loans once every five (5) years provided that the balance of
all outstanding loans does not exceed the amounts specified below. The City will offer the
following home improvement programs to assist low- and moderate-income households
with necessary improvements to their residences. Participation in the Single-Family
Home Improvement Program is subject to the additional requirements described in
Sections IV through VII of these Program Guidelines.
Household Income Limit: 80% or 150% of AMI, depending on funding source (see
Section I.c above).
Minimum Loan Amount: $10,000
Maximum Loan Amount: $30,000 (inclusive of all fees, including hazardous
material abatement).
Loan Amount Amendment: Applicants who initially elect to obtain a deferred loan in
an amount less than the allowable maximum may amend
the amount of the loan not to exceed the allowable
maximum if such amendment is approved by the
Community Development Director.
Eligible Properties: Owner-occupied single-family detached residences
throughout the City.
7.1.b
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Home Improvement Program Policies | July 18, 2023 Page 3 of 16
Security: Recorded Trust Deed / Promissory Note.
Loan Rate and Term: 0% interest deferred loan payable upon sale, transfer of
title or refinancing of any loan in prior position to that of
the City; when the loan recipients no longer occupy the
property; or when the loan recipients become owners of
any other real property.
Fees: All Fees associated with the loan such as PIRT Policy and
recordation fees shall be added to loan principal. The
combined total of the loan and fee amounts shall not
exceed the Maximum Loan Amount.
Repeat Assistance: Owner Occupied Single-Family Properties – Repeat
assistance may be allowed for loans once every five (5)
years provided that the balance of all outstanding deferred
loans does not exceed $40,000.
Equity The total indebtedness or all recorded liens may not
exceed ninety-five (95%) of the fair market value of the
home after rehabilitation.
Special Requirements: Home Improvement Program loans must be recorded
against the property in first or second position only.
Exceptions will be reviewed on a case by case basis.
Eligible Improvements: Correction of hazardous structural conditions;
modifications necessary to provide reasonable
accommodations for persons with disabilities;
improvements to the overall exterior appearance of the
home; elimination of an appearance of blight; correction
of exterior code violations; energy-efficient fixtures and
system upgrades; and other eligible exterior and interior
improvements. See Section V for a more detailed
explanation of eligible and noneligible improvements, as
well as the order of priority for eligible improvements.
III. CONDOMINIUM HOME IMPROVEMENT LOANS
Eligible condominium owners may utilize assistance under the deferred loan program.
Repeat assistance will be allowed for loans once every five (5) years provided that the
balance of all outstanding loans may not exceed $30,000, subject to the availability of
PLHA funds. The City will offer the following home improvement programs to assist low-
and moderate-income households with necessary improvements to their residences.
Participation in the Condominium Home Improvement Program is subject to the additional
requirements described in Sections IV through VII of these Program Guidelines.
Household Income Limit: 150% of area median household income.
Minimum Loan Amount: $10,000
Maximum Loan Amount: $20,000 (inclusive of all fees, including hazardous
material abatement).
7.1.b
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Loan Amount Amendment: Applicants who initially elect to obtain a deferred loan in
an amount less than the allowable maximum may amend
the amount of the loan not to exceed the allowable
maximum if such amendment is approved by the
Community Development Director.
Eligible Properties: Owner-occupied condominium residences throughout the
City.
Security: Recorded Trust Deed / Promissory Note.
Loan Rate and Term: 0% interest deferred loan payable upon sale, transfer of
title or refinancing of any loan in prior position to that of the
City; when the loan recipients no longer occupy the
property; or when the loan recipients become owners of
any other real property.
Fees: All Fees associated with the loan such as PIRT Policy and
recordation fees shall be added to loan principal. The
combined total of the loan and fee amounts shall not
exceed the Maximum Loan Amount.
Repeat Assistance: Repeat assistance may be allowed for loans once every
five (5) years provided that the balance of all outstanding
deferred loans does not exceed $30,000, subject to the
availability of PLHA funds.
Equity The total indebtedness or all recorded liens may not
exceed ninety-five (95%) of the fair market value of the
home after rehabilitation.
Special Requirements: Home Improvement Program loans must be recorded
against the property in first or second position only.
Exceptions will be reviewed on a case-by-case basis.
Eligible Improvements: Interior modifications necessary to provide reasonable
accommodations for persons with disabilities; electrical,
plumbing and mechanical system repairs and
replacement that are not the responsibility of the HOA;
window replacements; energy-efficient fixtures and
system upgrades; and other interior improvements that
are not the responsibility of the HOA. See Section VI for
a more detailed explanation of eligible and noneligible
improvements, as well as the order of priority for eligible
improvements.
IV. APPLICATION SUBMITTAL PROCESS
A. Pre-Screening
Prior to preparing a Home Improvement Program deferred loan application,
prospective applicants are encouraged to first contact the City of Diamond Bar
Community Development Department to determine, to the extent possible, if they meet
basic eligibility requirements.
7.1.b
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B. Interest List
The City will maintain a list of potential applicants interested in participation in the HIP
program. The interest list order shall be based on the chronological date and time of
initial contact, and shall be served on a first-come, first-served basis.
C. Application
The Home Improvement Program Administrator will contact potential applicants on the
interest list in order as funding becomes available. After verifying that the homeowner
still meets the basic eligibility requirements, the HIP Program Administrator will forward
an application. The application will include the following materials:
1. General Qualifications and Conditions Form
2. Items Required for Submission List
3. Program Application
4. Lead Based Paint Pamphlet
5. Lead Based Paint Notification
6. Hazardous Materials Inspection Notice
7. Asbestos in Your Home Pamphlet
8. Confirmation of Receipt (Hazardous Materials Transmittals)
Completed applications and required supporting documents should be submitted
directly to the Community Development Department located at Diamond Bar City Hall.
Applications will be reviewed in the order in which they are received.
V. ELIGIBILITY CRITERIA
A. Applicant Eligibility Requirements
For CDBG-funded loans, applicant eligibility is established by Federal Law set forth
in the Code of Federal Regulations 24CFR Part 5 and as interpreted by LACDA. For
PLHA-funded loans, applicant eligibility is established by the California Department
of Housing and Community Development (HCD) PLHA Guidelines. The City will
require documentation of both household size and household income information in
order to determine applicant eligibility.
1. Household Income
a. CDBG-Funded Loans: Adjusted gross annual household income may not
exceed 80% of Area Median Income (AMI) median income adjusted for
family size as provided by HUD.
b. PLHA-Funded Loans: Adjusted gross annual household income may not
exceed 150% of AMI adjusted for family size as provided by HUD. This
income limit is based on HCD’s determination that the HIP promotes the
rehabilitation and preservation of ownership housing’s classification as an
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Eligible Activity pursuant to HCD’s 2019 PLHA Final Guidelines.1
c. Definition of Household: For the purposes of determining Program eligibility,
“household” means a person or persons occupying a dwelling unit as the
principal place of residence.
d. Definition of Annual Income: For the purposes of determining Program
eligibility, annual income shall be defined as the total household income
received from all sources by an individual or family, including the head of
household, spouse, and each additional adult member of the household who
has earned or received income during a 12-month period prior to their
application for services.
2. Income Subject to Review
Income determinations are subject to the submission and verification
requirements of the City of Diamond Bar, and are subject to changes based on
the programmatic requirements of LACDA and the CDBG Program.
The City of Diamond Bar will make the final decision in situations where the
classification of income is disputed.
Failure to disclose or adequately document all sources of income will result in
an automatic denial of the application for assistance.
Reported income must include, but not be limited to, the following:
a. Personal Service Income, including the full amount of all earnings, before
any payroll deductions of wages and/or salaries, overtime pay,
commissions, fees, tips, bonuses, and other compensation for personal
services.
b. Business or Professional Service Income, including net income from the
operation of a business or profession. Expenditures for business
expansion or amortization of capital indebtedness must not be used as
deductions in determining net income. Any withdrawal of cash or assets
from the operation of a business or profession will be considered income,
except to the extent the withdrawal is a reimbursement of cash or assets
invested in the operation by the family. An allowance for depreciation of
assets used in a business or profession may be deducted, based on
straight-line depreciation as provided in Internal Revenue Service
regulations.
c. Interest and Dividend Income, including interest, dividends, and other net
income of any kind from real or personal property. Expenditures for
amortization of capital indebtedness shall not be used as a deduction in
determining net income. An allowance for depreciation is permitted only
as authorized in Section 2, above. Any withdrawal of cash or assets from
an investment will be included as part of net income, except to the extent
1 Section 301(a)(2) of HCD’s 2019 PLHA Final Guidelines states that Eligible Activities include “(t)he predevelopment,
development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing…that meets the
needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas.”
7.1.b
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the withdrawal is reimbursement of cash or assets invested by the family.
Where the family has net family assets in excess of $5,000, annual income
shall include the greater of the actual income derived from all net family
assets or a percentage of the value of such assets based on the current
passbook savings rates as determined by HUD.
d. Payments in Lieu of Earnings, such as unemployment and disability
compensation, worker's compensation and severance pay (except for
lump-sum payments described in Income Exempt from Review - Section 2,
[Income Exempt from Review] below).
e. Periodic Payments, including the full amount of periodic payments received
from social security, annuities, insurance policies, retirement, pensions,
disability or death benefits and other similar types of periodic receipts,
including a lump-sum payment for the delayed start of a periodic payment.
f. Periodic and Determinable Allowance, such as alimony and child support
payments, and regular contributions of gifts received from persons not
residing in the dwelling.
g. Welfare Assistance, including the amount of welfare allowance or grant,
but excluding any funds specifically designed for shelter and utilities that
are subject to adjustment by the welfare assistance agency (in accordance
with the actual cost of shelter and utilities).
h. Armed Forces Income, including all regular pay, special pay and
allowances of a member of the Armed Forces (but exempting armed forces
special pay described in Income Exempt from Review - Section 6, [Income
Exempt from Review] below).
i. Tax Credits, including any earned income tax credit to the extent it exceeds
income tax liability.
3. Income Exempt from Review
The calculation of annual income shall not include the following:
a. Income from Children, including income from the employment of children
(including foster children) under the age of 18 years, or payments received
for the care of foster children.
b. Lump-Sum Payments, including additions to family assets, such as
inheritances, insurance payments (e.g., health and accident insurance, and
worker's compensation), capital gains and settlement for personal or
property losses (see Income Eligible for Review - Sections 4 and 5, [Income
Eligible for Review] above, for income that should be included).
c. Reimbursement for Medical Costs, including all payments received by the
family that are specifically for or in reimbursement of medical expenses for
any family member.
d. Live-in Aide Income, including the income of a live-in aide employed
because of a medical condition of a family member.
e. Education Payments, including educational scholarships paid directly to
the student or to the educational institution, and Government funds paid to
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a veteran for tuition fees, books, equipment, materials, supplies,
transportation and miscellaneous personal expenses of the student. Any
amount of such scholarship or payment to a veteran not used for the above
purposes that is available for subsistence is to be included in income.
f. Armed Forces (Special Pay), special pay to a family member serving in the
Armed Forces, exposed to hostile fire.
g. Government Program Payments, including the following:
(1) HUD Funded: Amounts received under training programs funded by
HUD.
(2) Disabled Person Income: Amounts received by a disabled person
that are disregarded for a limited time for purposes of Supplemental
Security Income (SSI) eligibility and benefits, because they are set
aside for use under a Plan to Attain Self-Sufficiency (PASS).
(3) Public Program Assistance: Amount received by a participant in other
publicly-assisted programs, which are specifically for or in
reimbursement of out-of-pocket expenses incurred (special
equipment, clothing, transportation, child care, etc.) and made solely
to allow participation in a specific program.
(4) Federal Statue Exempt Income: Amounts specifically excluded by
any other Federal statue from consideration as income for purposes
of determining eligibility or benefits under a category of assistance
programs that includes assistance under the U.S. Housing Act of
1937.
h. Temporary Income, considered temporary, nonrecurring or sporadic in
nature (including gifts).
4. Ownership of Real Property other than Primary Residence
Ownership of rental property or other real estate holdings other than the
owner’s primary residence is prohibited and will result in the rejection of an
application for assistance.
B. Property Eligibility Requirements
In accordance with the requirements of Section IV.A. (Applicant Eligibility
Requirements) above, following determination of homeowner eligibility, the owner
must demonstrate property eligibility. To be eligible to receive program assistance,
real property will be evaluated and must meet each of the requirements set forth
below:
1. Location and Type of Property
The property must be located within the corporate boundaries of the City of
Diamond Bar, and consist of one of the following two development types:
a. A legally-recorded parcel with one detached single-family dwelling.
b. A condominium unit located within a common-interest subdivision.
7.1.b
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2. Condition
a. Single-Family Detached dwellings: The property must be in need of repairs
to (i) correct existing nonconforming development stand ards, (ii) correct
existing nonconforming local and/or state code requirements, (iii) correct
existing local and/or state code violations, (iv) protect the structural integrity
of the dwelling, (v) promote neighborhood preservation and safety, (vi)
refurbish exterior and/or eligible interior improvements (necessary for health
and safety), or (vii) aid the mobility of the physically disabled and/or elderly.
All repairs must qualify as eligible repairs as defined in Section V and as
may be approved by LACDA.
b. Condominiums: Eligible repairs to the dwelling unit, including its attached
garage, are limited to those that fall within the sole maintenance
responsibilities of its owner, and are necessary for health, safety and decent
living conditions. Repairs or maintenance to portions of the structure that
are the responsibility of the HOA (e.g., roofing, stucco, exterior stairs,
centralized water heating, etc.) do not qualify for CHIP funding.
Note: Existing City code violations that represent health and safety or
hazardous conditions may be resolved using Home Improvement
Program (HIP) funds. Any noneligible code violation must be resolved by
the homeowner.
3. Ownership and Owner-Occupancy Requirements
The income eligible homeowner(s) must hold record fee simple title to the
property, and must occupy the property as a principal residence. The City will
not approve home improvement projects for homes listed for sale.
4. Length of Ownership
The income eligible homeowner(s) must have owned the eligible property for a
minimum of one (1) year at the time of application.
5. Equity
The total indebtedness of all recorded liens, including the City’s Home
Improvement Program loan, may not exceed ninety-five percent (95%) of the
fair market value of the home after rehabilitation. For the purposes of this
calculation, encumbrances must include the proposed principal amount of the
Program loan requested by the eligible owner.
6. Hazard Insurance
All properties must be insured with an all-risk property insurance policy in an
amount equal to the full replacement value of all structures located on the
property. Furthermore, all properties located within the 100-year floodplain that
receive assistance under the Program must maintain flood insurance in the
amount of the improvements for the term of the loan. For condominiums, this
requirement may be satisfied by a combination of individual and HOA insurance
policies.
7.1.b
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7. Property/Income Tax Delinquency or Liens
All property taxes and assessments must be paid current, and the property must
not have any recorded property or income tax liens.
8. Outstanding Judgments and Obligations
All outstanding mortgages recorded against the subject property must be
current. Furthermore, outstanding tax liens, mechanics liens and/or judgments
recorded against the property to be rehabilitated must be paid prior to
participating in the program unless waived by the Home Improvement
Screening Committee.
9. HOA Approval
For improvements requiring HOA approval (such as window and door
replacements), the homeowner shall apply for and obtain such approval, and
provide the City with proof of approval prior to Screening Committee review.
VI. ELIGIBLE & NONELIGIBLE IMPROVEMENTS
A. Order of Priorities for Eligible Improvements
The following order of priorities will apply to all eligible improvements made using the
City’s Home Improvement Program funds. All improvements listed within any given
priority category must be addressed prior to the inclusion of items identified as having
a lower priority.
1. Mandatory Improvements: Mandatory improvements including those needed
to alleviate conditions that present an immediate threat to the health and safety
of the property’s occupants and those needed to correct existing hazardous
building, zoning and public nuisance code violations.
2. Exterior Improvements: Improvements needed to repair or replace
hazardous, broken, damaged and/or deteriorated elements of the main
dwelling.
3. Lead Based Paint Improvements: Lead based paint improvements as
required by the U.S. Department of Housing and Urban Development.
B. Eligible Improvements
All eligible improvements must be physically located on the subject property or be
permanently attached to the subject dwelling unit. Following an inspection of the
subject property in accordance with Program requirements, the City’s Screening
Committee must approve: 1) applicant eligibility; and 2) the scope, type and nature of
the proposed improvements. All eligible rehabilitation work must be accomplished by
qualified, licensed, and insured contractors selected in accordance with Program
Implementation Procedures.
The City’s Home Improvement Program is designed to provide for the repair, and if
necessary, the replacement of hazardous, damaged, deteriorated or failing items
7.1.b
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located on an eligible property. In the event that the replacement of damaged,
deteriorated or failing items is necessary, the replacement items shall be in-kind or
like-priced material. Luxury quality items will not be used in making necessary
repairs. The program is not designed to provide for the upgrade of dwellings. Some
eligible improvements are subject to material allowances. A description of all
applicable cost allowances will be provided to the applicant if requested. A listing and
description of all eligible improvements, including item-specific restrictions (if
applicable) is provided below:
1. Abatement of Code Violations: All work including but not limited to demolition,
construction, rehabilitation, replacement (subject to program restrictions), and
installation needed to abate hazardous violations of the City codes.
2. Accessibility Modifications: All modifications, alterations, or additions
necessary to facilitate access and use of the dwelling by disabled persons are
permitted. These may include the installation of handicap ramps, grab bars,
and accessible shower enclosures; the modification of doorways, hallways,
countertop elevations; and other adaptive measures.
3. Deadbolt Locks: Installation of single cylinder deadbolt locks is required on all
entry doors.
4. Doors/Windows/Screens: Repair and replacement of worn or damaged
exterior doors, windows, or screens is permitted with those of similar type and/or
quality. Enlargement of door/window openings is permitted only where the
existing door/window area is non-compliant with current building codes, and
only to the extent needed to achieve building code compliance.
5. Electrical: Repair and upgrading of electrical system, if required by the current
adopted Electrical Code, including service panels, wiring, outlets, and switches.
6. Energy Conservation: Installation or replacement of insulation, weather
stripping, water heater, and attic ventilators. Installation of energy efficient
doors and windows is allowable provided that the conditions outlined under
Doors/Windows are met. Other energy conservation measures or equipment
as may be approved by the LACDA may be installed.
7. Garage Doors: The repair or replacement of garage doors, including the
replacement of inoperable garage door openers and broken springs is eligible,
provided that the repair is incidental to the overall cost of rehabilitation to the
property.
8. HVAC Systems: Repair or replacement of failed, failing, damaged or
inoperative existing integral HVAC system components including furnaces, air
conditioning compressors, forced air units, heat pumps, ducts and vents is
permitted. The installation of new air conditioning equipment is not permitted
except in cases where medically necessary as prescribed by a doctor. The
installation or repair of window air conditioners is not permitted.
9. Rear or Side-Yard Slope Landscaping (as a hazardous soil erosion
mitigation measure): The replacement of dead sod, trees, shrubs and ground
cover (other than sod) is permitted on rear and side-yard slopes having an
7.1.b
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incline of at least 10:1. The subject yard areas must be adjacent to or visible
from public rights-of-way. The scope and nature of the permitted slope
landscaping will be only that necessary to eliminate the hazard and meet
minimum municipal code requirements provided that the cost for such
improvements does not exceed $500.
10. Overgrown/Dead Vegetation: Only the trimming of overgrown vegetation and
the removal of dead vegetation that is documented as a hazardous condition or
an impediment to the rehabilitation activity is permitted. Dead vegetation, other
than sod, that is removed may not be replaced.
11. Painting (exterior): Exterior painting is eligible and must be undertaken if the
current condition represents a violation of adopted Codes as determined by the
City. All painting must comply with the Lead Based Paint requirements of the
U.S. Department of Housing and Urban Development.
12. Termite/Pest Control: Eradication of insect infestations and repairs to
elements of the dwelling damaged by insect infestation is permitted.
13. Plastering, siding, and stucco: Repairs (e.g. patching, filling or localized
replacement) to damaged plaster, stucco or siding is permitted.
14. Plumbing/Sewer Pipes and Fixtures: Repair or replacement of leaking or
damaged water/sewer pipes and fixtures (including toilets, bathtubs, shower
enclosures, faucets and garbage disposals) is permitted only to the extent
necessary to address health and safety considerations.
15. Property Clean-up: The removal of overgrown vegetation, trash and debris
located on the subject property is permitted only when necessary to eliminate
documented hazardous or health and safety conditions, or when incidentally
required for the performance of other rehabilitation activities. Removal of
excessive debris and trash from the inside of the home is permitted only where
the homeowner(s) is/are physically incapable of completing such work and
when necessary to eliminate hazardous conditions. Appropriate documentation
of these circumstances must be maintained in the project file. Applicants shall
sell, donate, or arrange for removal by a licensed and bonded salvage
company, any inoperative vehicle that is not stored within an enclosed
garage.
16. Roofing: Complete repair or replacement of deteriorated or damaged roofing
of the main dwelling is permitted. Materials of the same type and quality as the
existing roof must be used (i.e. composition shingle must be replaced by
composition shingle) except where 1) different roofing materials are needed to
match the type and quality of roofs found on a majority of homes in the
immediate neighborhood, or 2) if the existing roof is made of wood shake a light
weight tile roof may be installed to meet code requirements. Roof replacements
that require an engineering survey or engineered structural modifications are
not permitted. The repair or replacement of patio roofs is not permitted.
17. Smoke Detectors: Smoke detectors must be installed throughout the home as
required by adopted building codes.
7.1.b
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18. Ground-Fault Circuit-Interrupter Protection (GFCI): GFCIs must be installed
in all locations as required under the California Electrical Code.
19. Structural Repairs/Modifications: Structural repairs/modifications are
permitted to the extent that such repairs/modifications 1) correct existing
structural deficiencies as defined by the California Building Code; and/or 2)
provide accessibility for disabled persons.
20. Water Heaters: Repair or replacement of deteriorated or inoperable water
heaters including the repair or installation of enclosures, insulation blankets,
earthquake strapping and/or pressure release valves is permitted.
21. Lead Based Paint (LBP) Testing and Treatment/Abatement: The
performance of required LBP testing and clearance, and the treatment and/or
abatement of lead based paint are permitted.
22. Asbestos Testing and Abatement: The performance of required Asbestos
testing, and the abatement of asbestos hazards is permitted.
C. Noneligible Improvements
1. Common-Interest Portions of Buildings: Structural, mechanical, electrical
and plumbing systems, including those listed in Section V.B. above, that fall
within the repair and maintenance responsibilities of the HOA are noneligible
for funding.
2. Accessory Buildings and Structures: Rehabilitation to areas not considered
in the square footage of a housing unit is generally considered an noneligible
HIP rehabilitation activity. Rehabilitation of accessory buildings and structures
including but not limited to: patios, enclosed patios, decks, porches, sheds,
greenhouses, barbecue pits, outdoor fireplaces, bathhouses, swimming pools,
saunas, hot tubs, and similar buildings or structures is an noneligible activity.
However, if a hazardous condition exists in one of the aforementioned areas,
the City may use HIP funds to demolish the structure. Such hazardous condition
must be remedied prior to the commencement of any eligible rehabilitation work.
3. Non-Permanent Attachments: The removal, replacement or rehabilitation of
valances, cornice boards, drapes, blinds, and indoor or outdoor furnishings is a
noneligible activity;
4. Unauthorized Improvements: Any rehabilitation activity not approved by the
City is noneligible.
VII. ELIGIBLE & NONELIGIBLE COSTS
A. Eligible Costs. Home Improvement Program funds may only be used for the actual
reasonable cost of materials and services necessary to complete all rehabilitation
work approved by the City as set forth in the approved Scope of Work, and additional
costs, as follows:
7.1.b
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1. Permits: Building permits and inspection and other related fees necessary for
the completion of the approved rehabilitation work;
2. Processing Costs: Costs of loan processing, including without limitation, credit
reports, property appraisals, and if necessary, preliminary title reports and
recording fees.
B. Noneligible Costs. Specific costs not eligible for payment under the Home
Improvement Program include, but are not limited to the following:
1. Luxury Materials: Materials, fixtures, or equipment of a type or quality that
exceeds that customarily used in properties of the same general use as the
property to be rehabilitated;
2. Furnishings: Purchase, installation or repair of interior or exterior home
furnishings;
3. Personal Labor Costs: Compensation/reimbursement of owner’s personal
labor;
4. Unauthorized Costs: Compensation/reimbursement for noneligible
improvements or any work not included and authorized in the City approved
Contractor Agreement or subsequent City approved change orders.
5. Prior Work Costs: Any repair work not listed as eligible in this Program and
any work contractually entered into prior to approval by the City.
VIII. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE
A. Maintenance/Occupancy Requirements
Assisted properties shall be maintained in compliance with all City of Diamond Bar
Municipal Codes and ordinances. Assisted properties shall maintain occupancy not
to exceed the maximum occupancy limits as established by HUD. Property owners
shall not permit criminal activities to occur on the property; permit property
improvements to suffer deterioration or decline; or maintain, cause or permit to be
maintained, any public nuisance on the subject property. Failure to adhere to these
terms and conditions shall be grounds for the City to demand immediate repayment
of the HIP loan.
B. Hazard Insurance
Property owners receiving HIP Program loan assistance shall maintain, throughout
the term of the loan, an all-risk property insurance policy, including flood insurance if
the property is located in a flood zone, insuring the property in an amount equal to the
full replacement value of the structures on the property. The insurance policy or
policies shall name the City of Diamond Bar as an additionally insured/loss payee.
Documentation shall be provided in a manner approved by the City Attorney.
C. Nondiscrimination
There shall be no discrimination against or segregation of any person or group of
persons in accordance with Executive Order 11246, Title VI of the Civil Rights Act of
1964, Section 109, Title I of the Housing and Community Development Act of 1974,
Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in
7.1.b
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the selection of contractors or subcontractors to complete the rehabilitation work
financed with Program assistance, or in the sale, leasing, transferring, use,
occupancy, tenure, or enjoyment of assisted properties.
D. Compliance with Program Policies and Procedures
Throughout the applicable term of Program assistance, Program participants shall
comply with all Program requirements and procedures as set forth in these Policies
and Procedures and as required by the City and as set forth in Grant and Loan
agreements and related attachments.
IX. GUIDELINE & COST AMENDMENT PROCEDURES
A. Amendment - Program Guidelines. The Diamond Bar City Council must approve all
amendments to these Home Improvement Program Guidelines.
B. Emergency Project Funding Modification.
1. Health & Safety Discoveries: After the rehabilitation construction work has
commenced and the contractor discovers health and safety problems, as
defined by the California Building Codes, that were not included in the initial
Scope of Work the following procedures shall be implemented:
a. The property owner may request that the Deferred Loan be increased to
cover the cost of the correction of health and safety issues only; and
b. The contractor shall prepare a written Change Order Request specifying
the scope, nature and cost of the work necessary to correct the unforeseen
health and safety issues. In no event shall the Change Order Request be
of an amount that would cause the total Deferred Loan to exceed the
maximum amounts set forth in Sections II and III.
c. The written Change Order Request shall be submitted to the property
owner for review and approval.
d. Upon receiving property owner approval, the City Project Coordinator shall
review the cost reasonableness of the proposed changes. The City Project
Coordinator must review the original Scope of Work to determine if it can
be modified in order to provide the funds necessary to cover the cost of the
remediation of the newly discovered health and safety issues. If costs are
deemed reasonable and if sufficient funding can be provided via
modification to existing contracted improvements, a formal contract change
order will be prepared and the required signatures of the contractor and
property owner shall be obtained.
e. If in the judgment of the City Project Coordinator the newly identified health
and safety issues are critical to maintaining the habitability of the subject
residence and the original Scope of Work cannot be adequately modified
to make available the funds needed to cover the cost of the expanded
scope of work, a recommendation to increase the amount of the Deferred
Loan may be submitted to the City’s Home Improvement Screening
Committee for consideration. The total Deferred Loan amount, with the
7.1.b
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Change Order added in, shall not exceed the maximum amounts set forth
in Sections II and III.
2. Screening Committee Review & Recommendation: The City of Diamond
Bar Home Improvement Screening Committee shall review all facts relating to
the property owner’s request for an increase in the amount of the Deferred
Loan. If in the judgment of the Screening Committee an increase in the
Deferred Loan is warranted, it may recommend to the City Manager that the
maximum amount of the Deferred Loan be increased by an amount not to
exceed $5,000 provided that it finds that all of the following circumstances
apply:
a. Additional work is essential to return the subject rehabilitated residence to
a habitable condition and the original Scope of Work cannot be modified to
provide the funds needed to pay for the cost of the newly identified health
and safety issues; and
b. The property owner has or is willing to execute the necessary documents
to increase the amount of the Deferred Loan; and
c. The required additional work is the result of unforeseen circumstances not
apparent during the preparation of the initial Scope of Work; and
d. The required additional work is required to address health and safety
issues; and
e. The property owner has provided written acknowledgement that he or she
shall assume the responsibility to pay for the cost of work that exceeds the
amount of rehabilitation assistance provided by the City.
X. AUTHORITY TO ADMINISTER
The City Manager or their designee shall have the authority to administer this Home
Improvement Program inclusive of the establishment, maintenance and modification of
appropriate implementation procedures. All program legal documents shall be approved
as to form by the City Attorney prior to use.
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PROGRAM
PROGRAM POLICIES
CITY OF DIAMOND BAR
DEPARTMENT OF COMMUNITY
DEVELOPMENT
21825 EAST COPLEY DRIVE
DIAMOND BAR, CA 91765
REVISED DRAFT
DECEMBER 29, 2008
City of Diamond Bar
Community Development Department
21810 Copley Drive
Diamond Bar, CA 91765
Program
Policies
Home Improvement Program
ADOPTED BY THE CITY COUNCIL:
Resolution No. 2023-XX
____ __, 2023
ADOPTED BY THE CITY COUNCIL:
JULY 19, 2016
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I. INTRODUCTION AND OVERVIEW OF PROGRAM
A. Purpose and Goal
The purpose of the City of Diamond Bar Home Improvement Program (HIP) is to
preserve and enhance single family residential neighborhoods throughout the City by
providing interest-free loans to eligible owners of single family detached and attached
dwellings for the following purposes: the preservation of safe, decent and sanitary
housing; to correct hazardous structural conditions; to make reasonable
accommodations for persons with disabilities; to improve the overall exterior
appearance of the home; to eliminate an appearance of blight; improve energy
efficiency; and to correct exterior code violations.
B. Objective
The HIP encompasses two loan categories:
1. The Single-Family Home Improvement Program provides(SHIP) offers interest-
free, deferred loans to assist income-eligible low- and moderate- income
residential, owner/-occupants in maintainingof detached, single-family homes,
where the City’s existing residential neighborhoods through home rehabilitation
owner is responsible for the maintenance of both the exterior and interior of the
structure.
C. Program
2. The Condominium Home Improvement Program (CHIP) offers interest-free,
deferred loans to income-eligible, owner-occupants of condominiums, where a
homeowners association (HOA) is primarily responsible for exterior structure
maintenance.
B. Program Objectives
Interest-free, deferred loans may be provided to eligible low- and moderate- income
households of owner-occupied single-family detached homesresidences to cover the
cost of housing repairs in accordance with the criteria outlined within this program.
LoansA loan shall be repaid in full upon the sale or transfer of such propertiesthe
home; when the loan recipients no longer occupy such propertiesthe property; when
the property is refinanced; or when the loan recipients becomesbecome owners of
any other real property other than such properties.
D.C. D. Source of Funds
The source of funds
Funds for the Home Improvement Program is a Community Development Block
Grantare administered by the Community Development Commission (CDC) of the
County of Los Angeles County Development Authority (LACDA) through a
subrecipient agreement with the City of Diamond Bar. The CDCLACDA acts as an
agent for, and receives HIP funding from the following sources:
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1. Community Development Block Grant (CDBG) funds made available by, the
U.S. Department of Housing and Urban Development (HUD). These funds are
specifically targeted to benefit low- and moderate- income households and
eliminate slums and blight.earning no more than 80% of the Area Median Income
(AMI).
The City of Diamond Bar desires to make these funds available to qualified low- and
moderate- income residents. The City is obligated to follow and fulfill the terms and
conditions of its agreement with the CDC, established CDC policies and procedures
and Federal and local rules and regulations.
This document establishes City Council policy and procedures for the Home
Improvement Program (HIP).
2. Permanent Local Housing Allocation (PLHA) funds collected through State
Property Transfer Fees. These funds may be used to benefit households earning
up to 150% of AMI.
PLHA funds allow for a much broader scope of home improvement types and
household income categories than CDBG funds. The following restrictions in the use
of CDBG funds must be taken into account when determining which funding source
to use for a loan:
• CDBG funds cannot be used to fund CHIP loans.
• CDBG funds cannot be used when issuing loans to households earning more than
80% of AMI.
Although CDBG and PLHA funds may be pooled to fund a SHIP loan for a household
earning up to 80% of AMI, commingling of funding sources should be avoided to
minimize the risk of future accounting errors and audit findings, and in most cases
should be unnecessary.
II. DEFERRED LOAN PROGRAM
D. Denied Applications
Applicants who are denied authorization to participate in the City of Diamond Bar’s
Home Improvement Program for any reason other than failure to submit a complete
application may not reapply for assistance within the following two (2) years after the
date of the denial of the application.
II. SINGLE-FAMILY HOME IMPROVEMENT LOANS
Eligible homeowners may utilize assistance under the deferred loan program. Repeat
assistance will be allowed for loans once every five (5) years provided that the balance of
all outstanding loans maydoes not exceed $30,000.the amounts specified below. The City
will offer the following home improvement programs to assist low- and moderate-income
households with necessary improvements to their residences. Participation in the Single-
Family Home Improvement Program is subject to the additional requirem ents described
in Sections IIIV through VIVII of these Program Guidelines.
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TargetHousehold Income GroupLimit: 80% or 150% of area median household
incomeAMI, depending on funding source (see Section I.c
above).
Minimum Loan Amount: $10,000
Maximum Loan Amount: $2030,000 (inclusive of all fees), including hazardous
material abatement).
Loan Amount Amendment: Applicants who initially elect to obtain a deferred loan in
an amount less than the allowable maximum may amend
the amount of the loan not to exceed the allowable
maximum if such amendment is approved by the City
Manager. Community Development Director.
Eligible Properties: Owner-occupied single-family detached residences
throughout the City.
Security: Recorded Trust Deed / Promissory Note.
Loan Rate and Term: 0% interest deferred loan payable upon sale, transfer of
title or refinancing of any loan in prior position to that of
the City; when the loan recipients no longer occupy the
property; or when the loan recipients become owners of
any other real property.
Fees: All Fees associated with the loan such as PIRT Policy and
recordation fees mayshall be added to loan principal. The
combined total of the loan and fee amounts shall not
exceed $20,000the Maximum Loan Amount.
Repeat Assistance: Owner Occupied Single-Family Properties – Repeat
assistance may be allowed for loans once every five (5)
years provided that the balance of all outstanding deferred
HIP loans does not exceed $3040,000.
Equity The total indebtedness or all recorded liens may not
exceed ninety-five (95%) of the fair market value of the
home after rehabilitation.
Special Requirements: Home Improvement Program loans must be recorded
against the property in first or second position only.
Exceptions will be reviewed on a case by case basis.
Eligible Improvements: Correction of hazardous structural conditions;
modifications necessary to provide reasonable
accommodations for persons with disabilities;
improvements to the overall exterior appearance of the
home; elimination of an appearance of blight; correction
of exterior code violations; energy-efficient fixtures and
system upgrades; and other eligible exterior and interior
improvements. See Section V for a more detailed
explanation of eligible and ineligiblenoneligible
improvements, as well as the order of priority for eligible
improvements.
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E.B. Denied Applications
Applicants who are denied authorization to participate in the City of Diamond Bar’s
Home Improvement Program for any reason other than failure to submit a complete
application may not reapply for assistance within the following two (2) years after the
date of the denial of the application.
III. CONDOMINIUM HOME IMPROVEMENT LOANS
Eligible condominium owners may utilize assistance under the deferred loan program.
Repeat assistance will be allowed for loans once every five (5) years provided that the
balance of all outstanding loans may not exceed $30,000, subject to the availability of
PLHA funds. The City will offer the following home improvement programs to assist low-
and moderate-income households with necessary improvements to their residences.
Participation in the Condominium Home Improvement Program is subject to the additional
requirements described in Sections IV through VII of these Program Guidelines.
Household Income Limit: 150% of area median household income.
Minimum Loan Amount: $10,000
Maximum Loan Amount: $20,000 (inclusive of all fees, including hazardous
material abatement).
Loan Amount Amendment: Applicants who initially elect to obtain a deferred loan in
an amount less than the allowable maximum may amend
the amount of the loan not to exceed the allowable
maximum if such amendment is approved by the
Community Development Director.
Eligible Properties: Owner-occupied condominium residences throughout the
City.
Security: Recorded Trust Deed / Promissory Note.
Loan Rate and Term: 0% interest deferred loan payable upon sale, transfer of
title or refinancing of any loan in prior position to that of the
City; when the loan recipients no longer occupy the
property; or when the loan recipients become owners of
any other real property.
Fees: All Fees associated with the loan such as PIRT Policy and
recordation fees shall be added to loan principal. The
combined total of the loan and fee amounts shall not
exceed the Maximum Loan Amount.
Repeat Assistance: Repeat assistance may be allowed for loans once every
five (5) years provided that the balance of all outstanding
deferred loans does not exceed $30,000, subject to the
availability of PLHA funds.
Equity The total indebtedness or all recorded liens may not
exceed ninety-five (95%) of the fair market value of the
home after rehabilitation.
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Special Requirements: Home Improvement Program loans must be recorded
against the property in first or second position only.
Exceptions will be reviewed on a case-by-case basis.
Eligible Improvements: Interior modifications necessary to provide reasonable
accommodations for persons with disabilities; electrical,
plumbing and mechanical system repairs and
replacement that are not the responsibility of the HOA;
window replacements; energy-efficient fixtures and
system upgrades; and other interior improvements that
are not the responsibility of the HOA. See Section VI for
a more detailed explanation of eligible and noneligible
improvements, as well as the order of priority for eligible
improvements.
IV. APPLICATION SUBMITTAL PROCESS
A. Pre-Screening
Prior to preparing a Home Improvement Program Deferred Loandeferred loan
application, prospective applicants are encouraged to first contact the City of Diamond
Bar Community Development Department to determine, to the extent possible, if they
meet basic eligibility requirements.
B. Interest List
The City will maintain a list of potential applicants interested in participation in the HIP
program. The interest list order shall be based on the chronological date and time of
initial contact, and shall be served on a first-come, first-served basis.
C. HIP Application
The Home Improvement Program Administrator will contact potential applicants on the
interest list in order as funding becomes available. After verifying that the homeowner
still meets the basic eligibility requirements, the HIP Program Administrator will forward
an HIP application. The application will include the following materials:
1. General Qualifications and Conditions Form
2. Items Required for Submission List
3. Program Application
4. Lead Based Paint Pamphlet
5. Lead Based Paint Notification
6. Hazardous Materials Inspection Notice
7. Asbestos in Your Home Pamphlet
8. Confirmation of Receipt (Hazardous Materials Transmittals)
Completed applications and required supporting documents should be submitted
directly to the Community Development Department located at Diamond Bar City Hall.
Applications will be reviewed in the order in which they are received.
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IVV. ELIGIBILITY CRITERIA
A. Applicant Eligibility Requirements
ApplicantFor CDBG-funded loans, applicant eligibility is established by Federal Law
set forth in the Code of Federal Regulations 24CFR Part 5 and as interpreted by the
Los Angeles County Community Development Commission (CDC).
LACDA. For PLHA-funded loans, applicant eligibility is established1. Household
Income
Adjusted Gross annual household income may not exceed 80% of the Los Angeles
County median income adjusted for family size as provided by the U.S.California
Department of Housing and UrbanCommunity Development (HUD). HCD) PLHA
Guidelines. The City will require documentation of both household size and
household income information in order to determine applicant eligibility.
1. Household Income
a. CDBG-Funded Loans: Adjusted gross annual household income may not
exceed 80% of Area Median Income (AMI) median income adjusted for
family size as provided by HUD.
b. PLHA-Funded Loans: Adjusted gross annual household income may not
exceed 150% of AMI adjusted for family size as provided by HUD. This
income limit is based on HCD’s determination that the HIP promotes the
rehabilitation and preservation of ownership housing’s classification as an
Eligible Activity pursuant to HCD’s 2019 PLHA Final Guidelines.1
a.c. Definition of Household: For the purposes of determining Program eligibility,
“household” means a person or persons occupying a dwelling unit as the
principal place of residence.
b.d. Definition of Annual Income: For the purposes of determining Program
eligibility, annual income shall be defined as the total household income
received from all sources by an individual or family, including the head of
household, spouse, and each additional adult member of the household who
has earned or received income during a 12-month period prior to their
application for services.
INCOME ELIGIBLE FOR REVIEW
2. Income Subject to Review
1 Section 301(a)(2) of HCD’s 2019 PLHA Final Guidelines states that Eligible Activities include “(t)he predevelopment,
development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing…that meets the
needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas.”
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Income determinations are subject to the submission and verification
requirements of the City of Diamond Bar, and are subject to changes based on
the programmatic requirements of LACDA and the CDBG Program.
The City of Diamond Bar will make the final decision in situations where the
classification of income is disputed.
Failure to disclose or adequately document all sources of income will result in
an automatic denial of the application for assistance.
Reviewed
Reported income must include, but not be limited to, the following:
a. Personal Service Income, including the full amount of all earnings, before
any payroll deductions of wages and/or salaries, overtime pay,
commissions, fees, tips, bonuses, and other compensation for personal
services.
b. Business or Professional Service Income, including net income from the
operation of a business or profession. Expenditures for business
expansion or amortization of capital indebtedness must not be used as
deductions in determining net income. Any withdrawal of cash or assets
from the operation of a business or profession will be considered income,
except to the extent the withdrawal is a reimbursement of cash or assets
invested in the operation by the family. An allowance for depreciation of
assets used in a business or profession may be deducted, based on
straight-line depreciation as provided in Internal Revenue Service
regulations.
c.b. Interest and Dividend Income, including interest, dividends, and other net
income of any kind from real or personal property. Expenditures for
amortization of capital indebtedness shall not be used as a deduction in
determining net income. An allowance for depreciation is permitted only
as authorized in Section 2, above. Any withdrawal of cash or assets from
an investment will be included as part of net income, except to the extent
the withdrawal is reimbursement of cash or assets invested by the family.
Where the family has net family assets in excess of $5,000, annual income
shall include the greater of the actual income derived from all net family
assets or a percentage of the value of such assets based on the current
passbook savings rates as determined by the U.S. Department of Housing
and Urban Development (HUD).HUD.
d.c. Payments in Lieu of Earnings, such as unemployment and disability
compensation, worker's compensation and severance pay (except for
lump-sum payments described in Income Exempt from Review - Section 2,
[Income Exempt from Review] below).
e.d. Periodic Payments, including the full amount of periodic payments
received from social security, annuities, insurance policies, retirement,
pensions, disability or death benefits and other similar types of periodic
receipts, including a lump-sum payment for the delayed start of a periodic
payment.
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f.e. Periodic and Determinable Allowance, such as alimony and child support
payments, and regular contributions of gifts received from persons not
residing in the dwelling.
g.f. Welfare Assistance, including the amount of welfare allowance or grant,
but excluding any funds specifically designed for shelter and utilities that
are subject to adjustment by the welfare assistance agency (in accordance
with the actual cost of shelter and utilities).
h.g. Armed Forces Income, including all regular pay, special pay and
allowances of a member of the Armed Forces (but exempting armed forces
special pay described in Income Exempt from Review - Section 6, [Income
Exempt from Review] below).
i.h. Tax Credits, including any earned income tax credit to the extent it exceeds
income tax liability.
INCOME EXEMPT FROM REVIEW
3. Income Exempt from Review
The calculation of annual income shall not include the following:
a. Income from Children, including income from the employment of children
(including foster children) under the age of 18 years, or payments received
for the care of foster children.
b. Lump-Sum Payments, including additions to family assets, such as
inheritances, insurance payments (e.g.., health and accident insurance,
and worker's compensation), capital gains and settlement for personal or
property losses (see Income Eligible for Review - Sections 4 and 5, [Income
Eligible for Review] above, for income that should be included).
c. Reimbursement for Medical Costs, including all payments received by the
family that are specifically for or in reimbursement of medical expenses for
any family member.
d. Live-in Aide Income, including the income of a live-in aide employed
because of a medical condition of a family member.
e. Education Payments, including educational scholarships paid directly to
the student or to the educational institution, and Government funds paid to
a veteran for tuition fees, books, equipment, materials, supplies,
transportation and miscellaneous personal expenses of the student. Any
amount of such scholarship or payment to a veteran not used for the above
purposes that is available for subsistence is to be included in income.
f. Armed Forces (Special Pay), special pay to a family member serving in the
Armed Forces, exposed to hostile fire.
g. Government Program Payments, including the following:
(1) a) HUD Funded: Amounts received under training programs
funded by HUD.
(2) b) Disabled Person Income: Amounts received by a disabled
person that are disregarded for a limited time for purposes of
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Supplemental Security Income (SSI) eligibility and benefits, because
they are set aside for use under a Plan to Attain Self-Sufficiency
(PASS).
(3) c) Public Program Assistance: Amount received by a
participant in other publicly-assisted programs, which are specifically
for or in reimbursement of out-of-pocket expenses incurred (special
equipment, clothing, transportation, child care, etc.) and made solely
to allow participation in a specific program.
(4) d) Federal Statue Exempt Income: Amounts specifically
excluded by any other Federal statue from consideration as income
for purposes of determining eligibility or benefits under a category of
assistance programs that includes assistance under the U.S. Housing
Act of 1937.
h. Temporary Income, considered temporary, nonrecurring or sporadic in
nature (including gifts).
Income determinations are subject to the submission and verification
requirements of the City of Diamond Bar, and are subject to changes based on
the programmatic requirements of the Los Angeles County Community
Development Commission (CDC) and the Community Development Block
Grant Program (CDBG).
The City of Diamond Bar will make the final decision in situations where the
classification of income is disputed.
2.4. 2. Ownership of Real Property other than Primary Residence
Ownership of rental property or other real estate holdings other than the
owner’s primary residence is prohibited and will result in the rejection of an
application for assistance.
B. Property Eligibility Requirements
In accordance with the requirements of Section III.(A) (HomeownerIV.A. (Applicant
Eligibility Requirements) above, following determination of homeowner eligibility, the
owner must demonstrate property eligibility. To be eligible to receive program
assistance, real property will be evaluated and must meet each of the requirements
set forth below:
1. Location and Type of Property
The property must be alocated within the corporate boundaries of the City of
Diamond Bar, and consist of one of the following two development types:
a. A legally-recorded parcel with one detached single-family dwelling.
a.b. A condominium unit located within the corporate boundary of the
City of Diamond Bara common-interest subdivision.
2. Condition
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a. Single-Family Detached dwellings: The property must be in need of repairs
to (i) correct existing nonconforming development standards, (ii) correct
existing nonconforming local and/or state code requirements, (iii) correct
existing local and/or state code violations, (iv) protect the structural integrity
of the dwelling, (v) promote neighborhood preservation and safety, (vi)
refurbish exterior and/or eligible interior improvements (necessary for health
and safety), or (vii) aid the mobility of the physically disabled and/or elderly.
All repairs must qualify as eligible repairs as defined in Section V and as
may be approved by CDC. LACDA.
b. Condominiums: Eligible repairs to the dwelling unit, including its attached
garage, are limited to those that fall within the sole maintenance
responsibilities of its owner, and are necessary for health, safety and decent
living conditions. Repairs or maintenance to portions of the structure that
are the responsibility of the HOA (e.g., roofing, stucco, exterior stairs,
centralized water heating, etc.) do not qualify for CHIP funding.
Note: Existing City code violations that represent health and safety or
hazardous conditions may be resolved using Home Improvement
Program (HIP) funds. Any non-eligiblenoneligible code violation must be
resolved by the homeowner.
3. Ownership and Owner-Occupancy Requirements
The income eligible homeowner(s) must hold record fee simple title to the
property, and must occupy the property as a principal residence. The City will
not approve home improvement projects for homes listed for sale.
4. Length of Ownership
The income eligible homeowner(s) must have owned the eligible property for a
minimum of one (1) year at the time of application.
5. Equity
The total indebtedness of all recorded liens, including the City’s Home
Improvement Program loan, may not exceed ninety-five percent (95%) of the
fair market value of the home after rehabilitation. For the purposes of this
calculation, encumbrances must include the proposed principal amount of the
Program loan requested by the eligible owner.
6. Hazard Insurance
All properties must be insured with an all-risk property insurance policy in an
amount equal to the full replacement value of all structures located on the
property. Furthermore, all properties located within the 100-year floodplain that
receive assistance under the Program must maintain flood insurance in the
amount of the improvements for the term of the loan. For condominiums, this
requirement may be satisfied by a combination of individual and HOA insurance
policies.
7. Property/Income Tax Delinquency or Liens
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All property taxes and assessments must be paid current, and the property must
not have any recorded property or income tax liens.
8. Outstanding Judgments and Obligations
All outstanding mortgages recorded against the subject property must be
current. Furthermore, outstanding tax liens, mechanics liens and/or judgments
recorded against the property to be rehabilitated must be paid prior to
participating in the program unless waived by the Home Improvement
Screening Committee.
9. VHOA Approval
For improvements requiring HOA approval (such as window and door
replacements), the homeowner shall apply for and obtain such approval, and
provide the City with proof of approval prior to Screening Committee review.
VI. ELIGIBLE & INELIGIBLENONELIGIBLE IMPROVEMENTS
A. Order of Priorities for Eligible Improvements
The following order of priorities will apply to all eligible improvements made using the
City’s Home Improvement Program funds. All improvements listed within any given
priority category must be addressed prior to the inclusion of items identified as having
a lower priority.
1. Mandatory Improvements: Mandatory improvements including those needed
to alleviate conditions that present an immediate threat to the health and safety
of the property’s occupants and those needed to correct existing hazardous
building, zoning and public nuisance code violations.
2. Exterior Improvements: Improvements needed to repair or replace
hazardous, broken, damaged and/or deteriorated elements of the main
dwelling.
3. Lead Based Paint Improvements: Lead based paint improvements as
required by the U.S. Department of Housing and Urban Development.
B. Eligible Improvements
All eligible improvements must be physically located on the subject property or be
permanently attached to the subject dwelling unit. Following an inspection of the
subject property in accordance with Program requirements, the City’s Screening
Committee must approve: 1) applicant eligibility; and 2) the scope, type and nature of
the proposed improvements. All eligible rehabilitation work must be accomplished by
qualified, licensed, and insured contractors selected in accordance with Program
Implementation Procedures.
The City’s Home Improvement Program is designed to provide for the repair, and if
necessary, the replacement of hazardous, damaged, deteriorated or failing items
located on an eligible property. In the event that the replacement of damaged,
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deteriorated or failing items is necessary, the replacement items shall be in-kind or
like-priced material. Luxury quality items will not be used in making necessary
repairs. The program is not designed to provide for the upgrade of single-family
dwellings. Some eligible improvements are subject to material allowances. A
description of all applicable cost allowances will be provided to the applicant if
requested. A listing and description of all eligible improvements, including item-
specific restrictions (if applicable) is provided below:
1. Abatement of Code Violations: All work including but not limited to demolition,
construction, rehabilitation, replacement (subject to program restrictions), and
installation needed to abate hazardous violations of the City codes.
2. Accessibility Modifications: All modifications, alterations, or additions
necessary to facilitate access and use of the dwelling by disabled persons are
permitted. These may include the installation of handicap ramps, grab bars,
and accessible shower enclosures; the modification of doorways, hallways,
countertop elevations; and other adaptive measures.
3. Deadbolt Locks: Installation of single cylinder deadbolt locks is required on all
entry doors.
4. Doors/Windows/Screens: Repair and replacement of worn or damaged
exterior doors, windows, or screens is permitted with those of similar type and/or
quality. Enlargement of door/window openings is permitted only where the
existing door/window area is non-compliant with current building codes, and
only to the extent needed to achieve building code compliance.
5. Electrical: Repair and upgrading of electrical system, if required by the current
adopted Electrical Code, including service panels, wiring, outlets, and switches.
Replacement of fixtures and installation of security lighting is eligible subject to
a $40.00 per fixture material cost allowance.
6. Energy Conservation: Installation or replacement of insulation, weather
stripping, water heater, and attic ventilators. Installation of energy efficient
doors and windows is allowable provided that the conditions outlined under
Doors/Windows are met. Other energy conservation measures or equipment
as may be approved by the CDCLACDA may be installed.
7. Garage Doors: The repair or replacement of garage doors, including the
replacement of inoperable garage door openers and broken springs is eligible,
provided that the repair is incidental to the overall cost of rehabilitation to the
property.
8. HVAC Systems: Repair or replacement of failed, failing, damaged or
inoperative existing integral HVAC system components including furnaces, air
conditioning compressors, forced air units, heat pumps, ducts and vents is
permitted. The installation of new air conditioning equipment is not permitted
except in cases where medically necessary as prescribed by a doctor. The
installation or repair of window air conditioners is not permitted.
9. Rear or Side-Yard Slope Landscaping (as a hazardous soil erosion
mitigation measure): The replacement of dead sod, trees, shrubs and ground
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cover (other than sod) is permitted on rear and side-yard slopes having an
incline of at least 10:1. The subject yard areas must be adjacent to or visible
from public rights-of-way. The scope and nature of the permitted slope
landscaping will be only that necessary to eliminate the hazard and meet
minimum municipal code requirements provided that the cost for such
improvements does not exceed $500.
10. Overgrown/Dead Vegetation: Only the trimming of overgrown vegetation and
the removal of dead vegetation that is documented as a hazardous condition or
an impediment to the rehabilitation activity is permitted. Dead vegetation, other
than sod, that is removed may not be replaced.
11. Painting (exterior): Exterior painting is eligible and must be undertaken if the
current condition represents a violation of adopted Codes as determined by the
City. All painting must comply with the Lead Based Paint requirements of the
U.S. Department of Housing and Urban Development.
12. Termite/Pest Control: Eradication of insect infestations and repairs to
elements of the dwelling damaged by insect infestation is permitted.
13. Plastering, siding, and stucco: Repairs (e.g. patching, filling or localized
replacement) to damaged plaster, stucco or siding is permitted.
14. Plumbing/Sewer Pipes and Fixtures: Repair or replacement of leaking or
damaged water/sewer pipes and fixtures (including toilets, bathtubs, shower
enclosures, faucets and garbage disposals) is permitted only to the extent
necessary to address health and safety considerations.
15. Property Clean-up: The removal of overgrown vegetation, trash and debris
located on the subject property is permitted only when necessary to eliminate
documented hazardous or health and safety conditions, or when incidentally
required for the performance of other rehabilitation activities. Removal of
excessive debris and trash from the inside of the home is permitted only where
the homeowner(s) is/are physically incapable of completing such work and
when necessary to eliminate hazardous conditions. Appropriate documentation
of these circumstances must be maintained in the project file. Applicants shall
sell, donate, or arrange for removal by a licensed and bonded salvage
company, any inoperative vehicle that is not stored within an enclosed
garage.
16. Roofing: Complete repair or replacement of deteriorated or damaged roofing
of the main dwelling is permitted. Materials of the same type and quality as the
existing roof must be used (i.e. composition shingle must be replaced by
composition shingle) except where 1) different roofing materials are needed to
match the type and quality of roofs found on a majority of homes in the
immediate neighborhood, or 2) if the existing roof is made of wood shake a light
weight tile roof may be installed to meet code requirements. Roof replacements
that require an engineering survey or engineered structural modifications are
not permitted. The repair or replacement of patio roofs is not permitted.
17. Smoke Detectors: Smoke detectors must be installed throughout the home as
required by adopted building codes.
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18. Ground-Fault Circuit-Interrupter Protection (GFCI): GFCIs must be installed
in all locations as required under the California Electrical Code.
19. Structural Repairs/Modifications: Structural repairs/modifications are
permitted to the extent that such repairs/modifications 1) correct existing
structural deficiencies as defined by the California Building Code; and/or 2)
provide accessibility for disabled persons.
20. Water Heaters: Repair or replacement of deteriorated or inoperable water
heaters including the repair or installation of enclosures, insulation blankets,
earthquake strapping and/or pressure release valves is permitted.
21. Lead Based Paint (LBP) Testing and Treatment/Abatement: The
performance of required LBP testing and clearance, and the treatment and/or
abatement of lead based paint are permitted.
22. Asbestos Testing and Abatement: The performance of required Asbestos
testing, and the abatement of asbestos hazards is permitted.
C. IneligibleNoneligible Improvements
1. 1. Common-Interest Portions of Buildings: Structural, mechanical,
electrical and plumbing systems, including those listed in Section V.B. above,
that fall within the repair and maintenance responsibilities of the HOA are
noneligible for funding.
Accessory Buildings and Structures: Rehabilitation to areas not considered in the
square footage of a housing unit is generally considered an ineligiblenoneligible
HIP rehabilitation activity. Rehabilitation of accessory buildings and structures
including but not limited to: patios, enclosed patios, decks, porches, sheds,
greenhouses, barbecue pits, outdoor fireplaces, bathhouses, swimming pools,
saunas, hot tubs, and similar buildings or structures is an ineligiblenoneligible
activity.
1.2. However, if a hazardous condition exists in one of the aforementioned areas,
the City may use HIP funds to demolish the structure. Such hazardous condition
must be remedied prior to the commencement of any eligible rehabilitation work.
2.3. 2. Non-Permanent Attachments: The removal, replacement or
rehabilitation of valances, cornice boards, drapes, blinds, and indoor or outdoor
furnishings is an ineligiblea noneligible activity;
3.4. 3. Unauthorized Improvements: Any rehabilitation activity not approved
by the City is ineligiblenoneligible.
VIVII. ELIGIBLE & INELIGIBLENONELIGIBLE COSTS
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A. Eligible Costs. Home Improvement Program funds may only be used for the actual
reasonable cost of materials and services necessary to complete all rehabilitation
work approved by the City as set forth in the approved Scope of Work, and additional
costs, as follows:
1. Permits: Building permits and inspection and other related fees necessary for
the completion of the approved rehabilitation work;
2. Processing Costs: Costs of loan processing, including without limitation, credit
reports, property appraisals, and if necessary, preliminary title reports and
recording fees.
B. IneligibleNoneligible Costs. Specific costs not eligible for payment under the
Home Improvement Program include, but are not limited to the following:
1. Luxury Materials: Materials, fixtures, or equipment of a type or quality that
exceeds that customarily used in properties of the same general use as the
property to be rehabilitated;
2. Furnishings: Purchase, installation or repair of interior or exterior home
furnishings;
3. Personal Labor Costs: Compensation/reimbursement of owner’s personal
labor;
4. Unauthorized Costs: Compensation/reimbursement for ineligiblenoneligible
improvements or any work not included and authorized in the City approved
Contractor Agreement or subsequent City approved change orders.
5. Prior Work Costs: Any repair work not listed as eligible in this Program and
any work contractually entered into prior to approval by the City.
VIIVIII. TERMS AND CONDITIONS OF PROGRAM
ASSISTANCE
A. Maintenance/Occupancy Requirements
Assisted properties shall be maintained in compliance with all City of Diamond Bar
Municipal Codes and ordinances. Assisted properties shall maintain occupancy not
to exceed the maximum occupancy limits as established by the U.S. Department of
Housing and Urban Development (HUD).HUD. Property owners shall not permit
criminal activities to occur on the property; permit property improvements to suffer
deterioration or decline; or maintain, cause or permit to be maintained, any public
nuisance on the subject property. Failure to adhere to these terms and conditions
shall be grounds for the City to demand immediate repayment of the HIP loan.
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B. Hazard Insurance
Property owners receiving HIP Program loan assistance shall maintain, throughout
the term of the loan, an all-risk property insurance policy, including flood insurance if
the property is located in a flood zone, insuring the property in an amount equal to the
full replacement value of the structures on the property. The insurance policy or
policies shall name the City of Diamond Bar as an additionally insured/loss payee.
Documentation shall be provided in a manner approved by the City Attorney.
C. Nondiscrimination
There shall be no discrimination against or segregation of any person or group of
persons in accordance with Executive Order 11246, Title VI of the Civil Rights Act of
1964, Section 109, Title I of the Housing and Community Development Act of 1974,
Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in
the selection of contractors or subcontractors to complete the rehabilitation work
financed with Program assistance, or in the sale, leasing, transferring, use,
occupancy, tenure, or enjoyment of assisted properties.
D. Compliance with Program Policies and Procedures
Throughout the applicable term of Program assistance, Program participants shall
comply with all Program requirements and procedures as set forth in these Policies
and Procedures and as required by the City and as set forth in Grant and Loan
agreements and related attachments.
VIIIIX. GUIDELINE & COST AMENDMENT PROCEDURES
A. Amendment - Program Guidelines. The Diamond Bar City Council must approve all
amendments to these Home Improvement Program Guidelines.
B. Emergency Project Funding Modification.
1. Health & Safety Discoveries: After the rehabilitation construction work has
commenced and the contractor discovers health and safety problems, as
defined by the California Building Codes, that were not included in the initial
Scope of Work the following procedures shall be implemented:
a. The property owner may request that the Deferred Loan be increased to
cover the cost of the correction of health and safety issues only; and
b. The contractor shall prepare a written Change Order Request specifying
the scope, nature and cost of the work necessary to correct the unforeseen
health and safety issues. In no event shall the Change Order Request be
of an amount that would cause the total Deferred Loan to exceed
$20,000the maximum amounts set forth in Sections II and III.
c. The written Change Order Request shall be submitted to the property
owner for review and approval.
d. Upon receiving property owner approval, the City Project Coordinator shall
review the cost reasonableness of the proposed changes. The City Project
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Coordinator must review the original Scope of Work to determine if it can
be modified in order to provide the funds necessary to cover the cost of the
remediation of the newly discovered health and safety issues. If costs are
deemed reasonable and if sufficient funding can be provided via
modification to existing contracted improvements, a formal contract change
order will be prepared and the required signatures of the contractor and
property owner shall be obtained.
e. If in the judgment of the City Project Coordinator the newly identified health
and safety issues are critical to maintaining the habitability of the subject
residence and the original Scope of Work cannot be adequately modified
to make available the funds needed to cover the cost of the expanded
scope of work, a recommendation to increase the amount of the Deferred
Loan may be submitted to the City’s Home Improvement Screening
Committee for consideration. The total Deferred Loan amount, with the
Change Order added in, shall not exceed $20,000the maximum amounts
set forth in Sections II and III.
2. Screening Committee Review & Recommendation: The City of Diamond
Bar Home Improvement Screening Committee shall review all facts relating to
the property owner’s request for an increase in the amount of the Deferred
Loan. If in the judgment of the Screening Committee an increase in the
Deferred Loan is warranted, it may recommend to the City Manager that the
maximum amount of the Deferred Loan be increased by an amount not to
exceed $5,000 provided that it finds that all of the following circumstances
apply:
a. Additional, CDBG eligible work is essential to return the subject
rehabilitated residence to a habitable condition and the original Scope of
Work cannot be modified to provide the funds needed to pay for the cost of
the newly identified health and safety issues; and
b. The property owner has or is willing to execute the necessary documents
to increase the amount of the Deferred Loan; and
c. The required additional work is the result of unforeseen circumstances not
apparent during the preparation of the initial Scope of Work; and
d. The required additional work is required to address health and safety
issues; and
e. The property owner has provided written acknowledgement that he or she
shall assume the responsibility to pay for the cost of work that exceeds the
amount of rehabilitation assistance provided by the City.
IXX. AUTHORITY TO ADMINISTER
The City Manager or his/hertheir designee shall have the authority to administer this Home
Improvement Program inclusive of the establishment, maintenance and modification of
appropriate implementation procedures. All program legal documents shall be approved
as to form by the City Attorney prior to use.
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: 11 1� DATE:
ADDRESS: PHONE:
(O tiq�a1) \ (Optional)
ORGANIZATION: i (,�l Wtb /i If'� C(V �_� bm wt��
AGENDA#/SUBJECT:
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name as written above. jJ
Signature
This document is a public record subject to disclosure under the Public Records Act.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA#/SUBJECT:
CITY CLERK
t. DATE:
(Optional)
PHONE:
(Optional)
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name as written above. , A
tore
This document is a public record subject to disclosure under the Public Records Act.