HomeMy WebLinkAbout2024.03.05 Agenda Packet - Regular MeetingCity Council Agenda
Tuesday, March 5, 2024 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 (562) 247-8321, Access Code: 479-017-768 OR visit:
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How to Submit Public Comment:
The public may provide public comment by attending the meeting in person, by sending an email, or by
logging into the teleconference. Please send email public comments to the City Clerk at
cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line
“FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the
record at the meeting and posted on the City’s official agenda webpage as soon as reasonably
practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx).
The public may log into the meeting through this link:
https://attendee.gotowebinar.com/register/8192961853912224350. 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.
MARCH 5, 2024 PAGE 2
ANDREW CHOU
Council Member
RUTH M. LOW
Council Member
STEVE TYE
Council Member
STAN LIU
Mayor
CHIA TENG
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 thei r 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/8192961853912224350 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 05, 2024
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Emeritus Mark Hopper,
Evangelical Free Church
ROLL CALL: Chou, Low, Tye, Mayor Pro Tem
Teng, Mayor Liu
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclamation Declaring March 2024 as Women’s History Month.
1.2 Proclamation Declaring March 2024 as American Red Cross Month.
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
MARCH 5, 2024 PAGE 2
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 Coffee with a Cop – March 9, 2024, 8:00-10:00 a.m., The Mugs,
20657 Golden Springs Drive, Ste 101.
4.2 Planning Commission Meeting – March 12, 2024, 6:30-8:00 p.m.,
online teleconference and City Hall Windmill Room, 21810 Copley Dr.
4.3 Traffic and Transportation Commission Meeting – March 14, 2024,
6:30-8:00 p.m., online teleconference and City Hall Windmill Room,
21810 Copley Dr.
4.4 City Council Meeting – March 19, 2024, 6:30 p.m., online
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 FEBRUARY 20, 2024 STUDY
SESSION AND REGULAR MEETING.
5.1.a February 20, 2024 City Council Study Session Meeting Minutes
5.1.b February 20, 2024 City Council Regular Meeting Minutes
Recommended Action:
Approve the February 20, 2024 Study Session and Regular City Council
meeting minutes.
Requested by: City Clerk
5.2 RATIFICATION OF CHECK REGISTER DATED FEBRUARY 14, 2024
THROUGH FEBRUARY 27, 2024 TOTALING $1,262,776.13.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 TREASURER'S STATEMENT.
Recommended Action:
MARCH 5, 2024 PAGE 3
Approve the January 2024 Treasurer’s Statement.
Requested by: Finance Department
5.4 THIRD AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT
WITH LANCE, SOLL & LUNGHARD, LLP FOR AUDIT SERVICES
REQUIRED BY THE LOS ANGELES COUNTY SAFE, CLEAN WATER
PROGRAM FOR FISCAL YEARS 2020/21 THROUGH 2022/23.
Recommended Action:
Approve, and authorize the City Manager to sign, the Third Amendment to
the Consultant Services Agreement with Lance, Soll & Lunghard, LLP for
auditing services.
Requested by: Finance Department
5.5 CALIFORNIA NATURAL RESOURCES AGENCY GRANT FOR
HERITAGE PARK RENOVATION PROJECT AND CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION GRANT FOR MAPLE
HILL PARK PLAYGROUND/RESTROOM REPLACEMENT PROJECT.
Recommended Action:
A. Adopt Resolution No. 2024-07, approving the acceptance of general
fund grant funds for the Heritage Park Renovation Project, and
authorizing the City Manager, or designee, to execute and submit
all documents necessary to accept, administer and expend the
grant funding; and,
B. Adopt Resolution No. 2024-08, approving the application for
specified grant funds for the Maple Hill Park Playground/Restroom
Replacement Project, and authorizing the City Manager, or
designee, to execute and submit all documents necessary to
accept, administer and expend the grant funding.
Requested by: City Manager
6. PUBLIC HEARINGS: NONE.
7. COUNCIL CONSIDERATION: NONE.
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 5.1
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE FEBRUARY 20, 2024 STUDY
SESSION AND REGULAR MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the February 20, 2024 Study Session and Regular City Council meeting
minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
5.1
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REVIEWED BY:
Attachments:
1. 5.1.a February 20, 2024 City Council Study Session Meeting Minutes
2. 5.1.b February 20, 2024 City Council Regular Meeting Minutes
5.1
Packet Pg. 7
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION MINUTES
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, ROOM CC-08
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
FEBRUARY 20, 2024
CALL TO ORDER: Mayor Liu called the Study Session to order at 5:30 p.m.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Steve Tye,
Mayor Pro Tem Chia Yu Teng and Mayor Stan Liu
Staff Present in Person: Dan Fox, City Manager; Ryan McLean, Assistant City
Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City Manager;
David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City
Engineer; Anthony Jordan, Parks & Maintenance Superintendent; Jason Williams,
Maintenance Supervisor; Nicholas Delgado, Management Analyst; Ryan Wright, Parks
and Recreation Director; Christy Murphey, Recreation Superintendent; Jason Jacobsen,
Finance Director; Marsha Roa, Community Relations Manager; Kristina Santana, City
Clerk
Staff present telephonically: Amy Haug, Human Resources and Risk Manager
1. HERITAGE PARK AND COMMUNITY CENTER RENOVATION PROJECT
DESIGN CONCEPTS, CIP#FP24502:
PWM/ACE/Ghafari introduced Lok Ng, Project Manager, Eric Sterling, Josue Soma
and Xitlali Casarrubias, members of the architectural firm Black, O’Dowd and
Associates (BOA Associates) design team as well as, staff member PRD/Wright
and others involved in developing the design concepts for the Heritage Park and
Community Center Renovation Project which was originally contemplated in 2019.
Tonight’s presentation included renderings focusing on Phase I and Phase II
(Options A & B) in an attempt to create a shovel-ready project design to move the
project forward upon approval of the City Council.
Following the presentation, Q&A and Council discussion, Council generally
preferred Option B for the floor plan and shade structures. Further consideration
will be needed to evaluate an open wall for the community room, blending Options
A & B of the landscape site plan, and the playground design theme.
ADJOURNMENT: With no further business to come before the City Council,
Mayor Liu recessed the Study Session at 6:43 p.m. to the Regular City Council Meeting.
Respectfully submitted:
___________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved 5th day of March, 2024
___________________________
Stan Liu, Mayor
5.1.a
Packet Pg. 8
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
FEBRUARY 20, 2024
STUDY SESSION: 5:30 p.m., Room CC-08
Heritage Park and Community Center
Renovation Project Design Concepts, CIP# FP24502
Adjourned to Regular Meeting: 6:43 p.m.
CALL TO ORDER: Mayor Liu called the Regular City Council meeting to
order at 6:51 p.m. in the South Coast Air Quality Management District Main Auditorium,
21865 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Council Member Low led the Pledge of Allegiance.
INVOCATION: Reverend Florentine Cordova, Diamond Bar United
Church of Christ provided the invocation.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Steve
Tye, Mayor Pro Tem Chia Yu Teng, Mayor Stan Liu
Staff Present in Person: Dan Fox, City Manager; Ryan McLean, Assistant City
Manager; Omar Sandoval, City Attorney; Anthony San tos, Assistant to the City
Manager; David Liu, Public Works Director; Hal Ghafari, Public Works
Manager/Assistant City Engineer; Nicholas Delgado, Management Analyst; Ryan
Wright, Parks and Recreation Director; Jason Jacobsen, Finance Director; Marsha Roa,
Community Relations Manager; Cecilia Arellano, Senior Community Relations
Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk
Staff present Telephonically: Greg Gubman, Community Development Director;
Grace Lee, Planning Manager; Mayuko Nakajima, Senior Planner; Amy Haug, Human
Resources and Risk Manager; Ken Desforges, Information Systems Director; Dannette
Allen, Senior Management Analyst
Others Present: Lieutenant Daniel Dail, Diamond Bar/Walnut Station;
Captain Stephen Tousey, Diamond Bar/Walnut Station; Leticia Pacillas, LACFD
Community Services Liaison (telephonically)
APPROVAL OF AGENDA: Mayor Liu approved the agenda as presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox reported that prior to tonight’s regular City Council meeting, the City
Council held a Study Session and was provided direction on proposed
5.1.b
Packet Pg. 9
FEBRUARY 20, 2024 PAGE 2 CITY COUNCIL
improvements for the Heritage Park Community building and playground design
concepts.
3. PUBLIC COMMENTS:
Shelley Gentry has been unable to gather information about what is proposed to
secure the Royal Vista Golf Course property upon its closing March 1 or how the
property will be developed, which has not been revealed to the neighboring
residents and, she is very concerned about the possibility of damage to her
property as well as, that of her neighbors living next to the golf course.
Cynthia Yu, Diamond Bar Library, introduced Jennifer Gutierrez, the new
Children’s Librarian who spoke about her service to various communities since
2008 and said she looked forward to introducing exciting innovative programs
and services to the community including upcoming programs during February
and March. For additional information on these and other programs, visit the
library website at www.lacountylibrary.org
CC/Santana reported that one public comment email was received from Adam
Angulo which was forwarded to the City Council and placed at the entrance to
tonight’s meeting for public viewing and there were no online callers requesting
to speak under Public Comments.
RESPONSE TO PUBLIC COMMENTS:
CM/Fox stated that Diamond Bar has not received a response to written
comments to the Draft EIR for the Royal Vista Golf Course property that were
submitted at the end of 2023. If it is the pleasure of the Council, staff can pursue
the matter further and coordinate with the Diamond Bar/ Walnut Sheriff’s team
which serves the area and would respond to calls for service.
4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of
Future Events.
5. CONSENT CALENDAR: C/Low moved, C/Chou seconded, to approve the
Consent Calendar as presented. Motion carried 5-0 by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng, M/Liu
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5.1 APPROVED CITY COUNCIL MINUTES:
5.1.1 FEBRUARY 6, 2024 REGULAR MEETING.
5.2 RATIFIED CHECK REGISTER DATED JANUARY 31, 2024 THROUGH
FEBRUARY 13, 2024 TOTALING $910,652.56.
5.1.b
Packet Pg. 10
FEBRUARY 20, 2024 PAGE 3 CITY COUNCIL
5.3 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL
READING, AND ADOPTED ORDINANCE NO. 01 (2024) ENTITLED “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE IN ITS
ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA/CANNABIS
BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW
AS LAST AMENDED BY SB 1186.”
5.4 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN AND
SUBMIT A LETTER OF OBJECTION AND APPLICATION TO
PURCHASE TAX-DEFAULTED PROPERTY.
5.5 APPROVED AND AUTHORIZED THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
FOR THE INTERNALLY ILLUMINATED STREET NAME SIGN AND
TRAFFIC SIGNAL SAFETY LIGHT REPLACEMENT PROJECT NO.
TM23201.
5.6 APPROVED PLANS AND SPECIFICATIONS FOR THE AREA 3
RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND
ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE
FROM GRAND AVENUE TO AVENIDA RANCHEROS; AND GRAND
AVENUE FROM DIAMOND BAR BOULEVARD TO EAST CITY LIMITS -
GATEWAY CORPORATE CENTER) PROJECT NO. Si24101 & Si24103;
THE GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE
IMPROVEMENTS PROJECT NO. PW 23402; AND, THE COLD SPRING
LAND GROUNDWATER DRAINAGE IMPROVEMENTS PROJECT NO.
SI24101 AS FOLLOWS:
A. DETERMINED THAT APPROVING THE DESIGN AND PLANS FOR
THE PROPOSED PROJECTS IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION
15301(C) OF THE CEQA GUIDELINES; AND,
B. ADOPTED RESOLUTION NO. 2024-04 APPROVING THE DESIGN
AND PLANS FOR AREA 3 RESIDENTIAL & COLLECTOR STREETS
REHABILITATION AND ARTERIAL STREET REHABILITATION
(GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA
RANCHEROS, GRAND AVENUE FROM DIAMOND BAR
BOULEVARD TO EAST CITY LIMITS, COLLECTOR STREETS
WITHIN THE GATEWAY CORPORATE CENTER PROJECT, THE
GRAND AVENUE MEDIAN DRAINAGE IMPROVEMENT PROJECT,
AND THE COLD SPRING LANE GROUND WATER DRAINAGE
IMPROVEMENT PROJECT.
5.1.b
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FEBRUARY 20, 2024 PAGE 4 CITY COUNCIL
6. PUBLIC HEARINGS: NONE
7. COUNCIL CONSIDERATION:
7.1 FISCALYEAR 2023-2024 MID-YEAR BUDGET REVIEW.
FD/Jacobsen provided the staff report.
CC/Santana stated that there were no emails received and no public
comments offered on this item.
C/Chou moved, C/Low seconded, to adopt Resolution No. 2024-05
amending the Fiscal Year 2023-24 Municipal Budget Revenue Estimates
and Appropriations; and, Adopt Resolution No. 2024-06 amending the
City’s Fiscal Year 2023-24 Compensation Plan. Motion carried 5-0 by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng,
M/Liu
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 ADDITIONAL CITY COUNCIL RECOGNITION OPTIONS:
CM/Fox provided a brief staff report and asked for Council direction.
M/Liu provided additional discussion.
C/Chou suggested the City Council consider the option of allowing
individual Council Members to issue Certificates.
Following discussion, CM/Fox asked if the Council wished to have a
discussion about deviating from the current Policy to permit an individual
Council Member to issue Certificates. Currently, the process is that a
Council Member coordinates with the Mayor to approve a request and if
approved, the Certificate is delivered with all five Council Member
signatures as a “City” issued Certificate.
With respect to Mayor Liu’s initial discussion item, there was Council
consensus to continue to work within Recognition Policy 2019-02 and
encouraged more Certificates, Certificate Plaques, and Proclamations to
be presented at Council meetings.
MPT/Teng moved, C/Tye seconded, to schedule a City Council Study
Session to consider the feasibility of amending the current policy to allow
individual Council Members to issue certificates or other forms of
recognition. Motion by the following Roll Call vote:
5.1.b
Packet Pg. 12
FEBRUARY 20, 2024 PAGE 5 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Teng, M/Liu
NOES: COUNCIL MEMBERS: Low
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff and his colleagues for the robust discussion and the mid-
year budget review.
C/Low thanked staff for the mid-year review and keeping the City on track,
encouraged everyone to vote, and spoke about attending, along with her
colleagues MPT/Teng and C/Tye, the Girls’ Softball opening day and
congratulated the participants including the daughter of HR&RM/Haug and
wished the teams a good season, attended the Miss Diamond Bar Fashion Show
fundraiser and wished everyone a happy Lunar New Year.
C/Tye said it was exciting to be with the Diamond Girls’ Softball group on a very
foggy cold morning where Pink Stars won the banner and asked CM/Fox to
contact LA County in an attempt to gather information about the Royal Vista Golf
Course closure and what they proposed for securing the site.
MPT/Teng offered no comments.
M/Liu thanked staff for their presentations and audience members for their
participation, asked if the Public Safety Committee could participate in outreach
to help residents stay safe, attended the groundbreaking for the children’s center
at the EFree Church of Diamond Bar and thanked neighbors for keeping each
other safe.
.
ADJOURNMENT: With no further business to conduct, M/Liu adjourned the Regular
City Council Meeting at 8:13 p.m.
Respectfully Submitted,
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 5th day of March, 2024.
__________________________
Stan Liu, Mayor
5.1.b
Packet Pg. 13
Agenda #: 5.2
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED FEBRUARY 14, 2024
THROUGH FEBRUARY 27, 2024 TOTALING $1,262,776.13.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,262,776.13.
BACKGROUND/DISCUSSION:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
The attached check register containing checks dated February 14, 2024 through
February 27, 2024 totaling $1,262,776.13 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. 14
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit 3-5-2024
2. 5.2.b Check Register 3-5-2024
5.2
Packet Pg. 15
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 February 14, 2024 through February 27, 2024 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Signed:
__________________________________
Finance Director
Jason M. Jacobsen
5.2.a
Packet Pg. 16
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
10951 2/21/2024 COUNTY OF LOS ANGELES
TREASURER & TAX COLLECTOR APPLICATION TO PURCHASE TAX
DEFAULTED PROPERTY
100 53999 $274.00
CHECK TOTAL $274.00
11180 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN
SPRINGS PED - TC-1
100655 52210 $85.05
CHECK TOTAL $85.05
11181 2/15/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 S BREA CYN RD
BPED - LS-3
100655 52210 $37.39
CHECK TOTAL $37.39
11182 2/15/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CYN B PED -
LS-3
100655 52210 $52.93
CHECK TOTAL $52.93
11183 2/15/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 23331 GOLDEN SPRINGS DR PED -
GS-1
100655 52210 $95.57
CHECK TOTAL $95.57
11184 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER
RD - TC-1
100655 52210 $122.82
CHECK TOTAL $122.82
11185 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN
SPRINGS PED - TC-1
100655 52210 $111.29
CHECK TOTAL $111.29
11186 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE -
TC-1
100655 52210 $130.43
CHECK TOTAL $130.43
11187 2/15/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 2838 S DBB PED - 021324 100655 52210 $106.52
CHECK TOTAL $106.52
11188 2/15/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN
SPRINGS - TC-1
100655 52210 $132.89
CHECK TOTAL $132.89
11189 2/16/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450 BRIDGEGATE
& VARIOUS - TC-1
100655 52210 $570.39
CHECK TOTAL $570.39
11190 2/16/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 1215 S. BREA CYN - GS-1 100655 52210 $90.06
5.2.b
Packet Pg. 17
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $90.06
11192 2/16/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S LEMON &
VARIOUS - TC-1
100655 52210 $333.66
CHECK TOTAL $333.66
11193 2/16/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA CYN
RD - TC-1
100655 52210 $78.58
CHECK TOTAL $78.58
11194 2/21/2024 SOUTHERN CALIFORNIA EDISON 20980 E CYN RIDGE LN (011024-020824)
FY23-24
241641 52210 $7.24
CHECK TOTAL $7.24
11195 2/21/2024 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY DR (011024-
020824) FY23-24
241641 52210 $6.80
CHECK TOTAL $6.80
11196 2/21/2024 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON AVE (011024-
020824) FY23-24
100630 52210 $36.32
CHECK TOTAL $36.32
11197 2/21/2024 SOUTHERN CALIFORNIA EDISON 633 GRAND AVE (010924-020724) FY23-
24
238638 52210 $15.59
CHECK TOTAL $15.59
11198 2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
238 21118 $4.81
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
239 21118 $4.81
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
241 21118 $4.81
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
207 21118 $20.41
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
250 21118 $35.72
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
206 21118 $55.69
2/16/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE
02/16/2024
100 21118 $1,840.03
CHECK TOTAL $1,966.28
11199 2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
225 21109 $7.50
5.2.b
Packet Pg. 18
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
201 21109 $123.97
2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
239 21109 $141.34
2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
241 21109 $141.34
2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
206 21109 $202.97
2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
250 21109 $207.19
2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
207 21109 $257.41
2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
238 21109 $282.68
2/16/2024 VANTAGEPOINT TRNSFR AGNTS-
303248 DEFERRED COMP
CONTRIBUTIONS/LOAN PYMTS
02/16/2024
100 21109 $12,825.56
CHECK TOTAL $14,189.96
11200 2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
225 21110 $76.63
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
239 21110 $160.20
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
241 21110 $160.20
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
238 21110 $228.97
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
206 21110 $513.89
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
201 21110 $539.13
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
207 21110 $635.36
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
250 21110 $1,711.63
5.2.b
Packet Pg. 19
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2/16/2024 CALPERS PENSION CONTRIBUTION 1/27/24-2/9/24
& 2/1-2/29/24
100 21110 $41,216.62
CHECK TOTAL $45,242.63
11208 2/27/2024 ABSOLUTE SECURITY
INTERNATIONAL INC SECURITY GUARD SERVICES 100510 55330 $2,720.87
CHECK TOTAL $2,720.87
11209 2/27/2024 AIRGAS INC ARGON CYLINDER REFILL (010124-
013124) FY23-24
100630 51200 $28.06
CHECK TOTAL $28.06
11210 2/27/2024 ALL CITY MANAGEMENT
SERVICES INC CROSSING GUARD SERVICES - 1/21/24-
2/3/24
100310 55412 $13,589.82
2/27/2024 ALL CITY MANAGEMENT
SERVICES INC CROSSING GUARD SERVICES - 1/7/24-
1/20/24
100310 55412 $12,578.28
CHECK TOTAL $26,168.10
11211 2/27/2024 ALLIANT INSURANCE SERVICES
INC EARTH DAY EVENT INSURANCE ADDL 250170 57220 $1,013.00
CHECK TOTAL $1,013.00
11212 2/27/2024 ANIMAL PEST MANAGEMENT
SERVICES INC COMPREHENSIVE PEST CONTROL
(FEB2024) FY23-24
100630 52320 $70.00
2/27/2024 ANIMAL PEST MANAGEMENT
SERVICES INC COMPREHENSIVE PEST CONTROL
(FEB2024) FY23-24
100510 52320 $105.00
2/27/2024 ANIMAL PEST MANAGEMENT
SERVICES INC COMPREHENSIVE PEST CONTROL
(FEB2024) FY23-24
100620 52320 $120.00
CHECK TOTAL $295.00
11213 2/27/2024 BLACK O'DOWD AND
ASSOCIATES INC HERITAGE PARK RENOVATION DESIGN 301630 56104 $39,082.00
CHECK TOTAL $39,082.00
11214 2/27/2024 BRIAN E WORTHINGTON STIPEND - PARKS AND REC
COMMISSION MEETING
100520 52525 $45.00
CHECK TOTAL $45.00
11215 2/27/2024 BRIAN MARTINEZ PHOTOGRAPHER SR VALENTINE DANCE 100240 52130 $400.00
CHECK TOTAL $400.00
11216 2/27/2024 BROADCAST MUSIC INC MUSIC LICENSING 100520 55300 $929.18
CHECK TOTAL $929.18
5.2.b
Packet Pg. 20
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
11217 2/27/2024 LINGO TELECOM LLC CITYWIDE ANALOG PHONE SYSTEM - FEB
2024
100230 52200 $2,297.63
CHECK TOTAL $2,297.63
11218 2/27/2024 CHEM PRO LABORATORY INC QTRLY WATER MANAGEMENT (DBC)
FY23-24
100510 52310 $186.20
2/27/2024 CHEM PRO LABORATORY INC WATER TREATMENT (CITYHALL/FEB) FY23-
24
100620 52320 $187.95
CHECK TOTAL $374.15
11219 2/27/2024 CIVICPLUS LLC ANNUAL RENEWAL - MUNICODE - 2024 100230 52314 $900.00
CHECK TOTAL $900.00
11220 2/27/2024 COMMONWEALTH LAND TITLE
COMPANY PROF. SERVICES - PRELIMINARY REPORT 100130 54900 $700.00
CHECK TOTAL $700.00
11221 2/27/2024 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR-
NOVEMBER 2023
100120 54024 $2,495.76
2/27/2024 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR-
NOV2023-24311 KNOLL
100120 54024 $2,385.35
CHECK TOTAL $4,881.11
11222 2/27/2024 DECKARD TECHNOLOGIES INC SHORT TERM RENTAL MONITORING-
ANNUAL MEMBERSHIP
100430 55110 $3,000.00
CHECK TOTAL $3,000.00
11223 2/27/2024 CAROL A DENNIS MINUTES TRANSCRIPTION IN FEB. 100140 54900 $325.00
CHECK TOTAL $325.00
11224 2/27/2024 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $416.00
CHECK TOTAL $416.00
11225 2/27/2024 DEPARTMENT OF MOTOR
VEHICLES CLEANAIRDECAL(LIC#1674730) FY23-24 502630 52312 $22.00
CHECK TOTAL $22.00
11226 2/27/2024 DEPARTMENT OF MOTOR
VEHICLES CLEANAIRDECAL(LIC#1674731) FY23-24 502630 52312 $22.00
CHECK TOTAL $22.00
11227 2/27/2024 DEPT OF TRANSPORTATION TS MAINT - SHARED AGREEMENT - OCT-
DEC 2023
100655 55536 $3,580.38
CHECK TOTAL $3,580.38
5.2.b
Packet Pg. 21
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
11228 2/27/2024 DIAMOND BAR STORAGE
OWNER LLC OFF SITE STORAGE #92 #376 DEPT 100420 52302 $800.00
CHECK TOTAL $800.00
11229 2/27/2024 DIAMOND PONTE DINING
SERVICES LLC CMO WELCOME BREAKFAST - 2/14/24 100130 52410 $471.54
CHECK TOTAL $471.54
11230 2/27/2024 DUNN EDWARDS CORPORATION ROAD MAINT SUPPLIES (AREA 2 REHAB)
FY23-24
100655 51250 $464.97
CHECK TOTAL $464.97
11231 2/27/2024 EATON CORPORATION ANNUAL SUPPORT - UPS SERVICES 2024 100230 52314 $7,933.77
CHECK TOTAL $7,933.77
11232 2/27/2024 ECOFERT INC FERTILIZER INJECTION SYSTEM (JAN2024)
FY23-24
100630 52320 $1,207.00
CHECK TOTAL $1,207.00
11233 2/27/2024 ENVIRONMENTAL NETWORK
CORPORATION ASBESTOS ROOF INSPECTION (CITYHALL)
FY23-24
100620 52320 $1,760.00
CHECK TOTAL $1,760.00
11234 2/27/2024 EXTERIOR PRODUCTS CORP ON-CALL ELECTRICAL WORK (JAN2024)
FY23-24
100620 51200 $125.00
2/27/2024 EXTERIOR PRODUCTS CORP ON-CALL ELECTRICAL WORK (JAN2024)
FY23-24
100510 52320 $234.81
2/27/2024 EXTERIOR PRODUCTS CORP ON-CALL ELECTRICAL WORK (JAN2024)
FY23-24
100630 52320 $365.17
2/27/2024 EXTERIOR PRODUCTS CORP AMERICAN FLAGS (PARKS) FY23-24 100630 56116 $6,715.26
CHECK TOTAL $7,440.24
11235 2/27/2024 FRONTIER COMMUNICATIONS
CORP SUMMARY BILL - INTERNET SERVICE - FEB
2024
100230 54030 $398.63
2/27/2024 FRONTIER COMMUNICATIONS
CORP SUMMARY BILL - INTERNET/CITY HALL 100230 54030 $775.00
CHECK TOTAL $1,173.63
11236 2/27/2024 GO LIVE TECHNOLOGY INC PS/SOLAR APP PROJECT MGMT - DEC
2023
503230 56135 $270.00
CHECK TOTAL $270.00
11237 2/27/2024 GOTO COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - JAN 2024 100230 52200 $2,697.92
CHECK TOTAL $2,697.92
5.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
11238 2/27/2024 GOVCONNECTION INC HP SERVER CAREPACKS 100230 52314 $21,236.00
CHECK TOTAL $21,236.00
11239 2/27/2024 GUARANTEED JANITORIAL
SERVICE INC JANITORIAL SERVICES (JAN2024) FY23-
24
100630 55505 $2,860.26
2/27/2024 GUARANTEED JANITORIAL
SERVICE INC JANITORIAL SERVICES (JAN2024) FY23-
24
100510 55505 $6,304.27
2/27/2024 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (JAN2024) FY23-
24
100620 52320 $10,183.47
CHECK TOTAL $19,348.00
11240 2/27/2024 HIRSCH PIPE & SUPPLY INC BLDG MAINT (PARKS) FY23-24 100630 52320 $11.57
2/27/2024 HIRSCH PIPE & SUPPLY INC MAINT SUPPLIES (PARKS) FY23-24 100630 52320 $491.31
CHECK TOTAL $502.88
11241 2/27/2024 HOME DEPOT CREDIT SERVICES TRUCK TOOLS (LIC#1524113) FY23-24 502630 52312 $182.10
CHECK TOTAL $182.10
11242 2/27/2024 HUMANE SOCIETY OF POMONA
VALLEY INC ANIMAL CONTROL SERVICES - JANUARY 100340 55404 $36,324.67
CHECK TOTAL $36,324.67
11243 2/27/2024 HWY2HEAVEN DBC MEMORIAL TILE ENGRAVING 100510 54900 $1,815.00
CHECK TOTAL $1,815.00
11244 2/27/2024 INLAND SOCAL MEDIA GROUP
LLC MARCH 24 DBC ADVERTISEMENT 100510 52160 $750.00
CHECK TOTAL $750.00
11245 2/27/2024 INTEGRUS LLC RICOH COPIER CHARGES - 12/19/23-
01/18/24
100230 52100 $472.73
CHECK TOTAL $472.73
11246 2/27/2024 ITERIS INC CS - ON-CALL TS TIMING SUPPORT -
THRU 1/31/24
207650 54410 $10,772.00
CHECK TOTAL $10,772.00
11247 2/27/2024 J & J'S SPORTS & TROPHIES PW STAFF UNIFORM FY23-24 100630 51200 $247.23
CHECK TOTAL $247.23
11248 2/27/2024 JACKSON'S AUTO SUPPLY/NAPA FLEET VEHICLES TOOLS EQUIP FY23-24 502630 52312 $128.83
2/27/2024 JACKSON'S AUTO SUPPLY/NAPA FLEET VEHICLES TOOLS EQUIP FY23-24 502655 52312 $128.84
5.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $257.67
11249 2/27/2024 JAVIER DJEU INSTRUCTOR PAYMENT - PICKLEBALL 100520 55320 $951.40
CHECK TOTAL $951.40
11250 2/27/2024 K7 ENTERPRISES PUBLIC SAFETY SEMINAR SIGNS 100240 52110 $341.56
CHECK TOTAL $341.56
11251 2/27/2024 KENS HARDWARE ROAD MAINTENANCE SUPPLIES FY23-24 100655 51250 $43.76
CHECK TOTAL $43.76
11252 2/27/2024 KIMBERLY DOWNEY ESMOND CONTRACT CLASS INSTRUCTOR - YOUTH
DANCE
100520 55320 $444.00
CHECK TOTAL $444.00
11253 2/27/2024 KWIK COVERS SUPPLIES FOR CITY BIRTHDAY 100520 51200 $919.95
CHECK TOTAL $919.95
11254 2/27/2024 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - JAN 2024 100230 52314 $250.00
CHECK TOTAL $250.00
11255 2/27/2024 LIEBE SHERI-LYN CONTRACT CLASS INSTRUCTOR -DANCE 100520 55320 $864.00
CHECK TOTAL $864.00
11256 2/27/2024 LIZA G MONTIEL SENIOR DANCE DJ 2/8/24 100520 55310 $350.00
CHECK TOTAL $350.00
11257 2/27/2024 LOOMIS COURIER SVCS - JANUARY 2024 100210 54900 $718.24
2/27/2024 LOOMIS COURIER SVCS - JANUARY 2024 100510 54900 $718.24
CHECK TOTAL $1,436.48
11258 2/27/2024 LOS ANGELES COUNTY PUBLIC
WORKS CS - INDUSTRIAL SERVICES - DEC 2023 100610 55550 $6,336.29
2/27/2024 LOS ANGELES COUNTY PUBLIC
WORKS CS - INDUSTRIAL SERVICES - AUG 2023 100610 55550 $4,327.51
2/27/2024 LOS ANGELES COUNTY PUBLIC
WORKS CS - INDUSTRIAL SERVICES - JAN 2024 100610 55550 $4,705.02
CHECK TOTAL $15,368.82
11259 2/27/2024 LOS ANGELES COUNTY SHERIFF'S
DEPT FY2023-24 GEN LAW SERVICES 12-2023 100310 55400 $627,720.11
CHECK TOTAL $627,720.11
5.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
11260 2/27/2024 LOWE'S BUSINESS ACCOUNT MAINT OF GRNDS/BLDGS (JKTOOLS)
FY23-24
100630 52320 $54.02
CHECK TOTAL $54.02
11261 2/27/2024 RICK RAYMOND MATTIE AV ASSISTANCE - COUNCIL MTG
1/16/2024
100240 54900 $150.00
2/27/2024 RICK RAYMOND MATTIE AV SUPPORT AND FILE CONVERSIONS 100240 54900 $1,170.00
CHECK TOTAL $1,320.00
11262 2/27/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41)
241641 55524 $5,412.19
2/27/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41)
239639 55524 $13,200.67
2/27/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD
38,39,&41)
238638 55524 $15,842.74
2/27/2024 MCE CORPORATION ROAD MAINTENANCE SERVICES (JAN-
2024) FY23-24
201655 55530 $878.76
2/27/2024 MCE CORPORATION ROAD MAINTENANCE SERVICES (JAN-
2024) FY23-24
100655 55530 $2,802.90
2/27/2024 MCE CORPORATION ROAD MAINTENANCE SERVICES (JAN-
2024) FY23-24
100655 55528 $10,451.19
CHECK TOTAL $48,588.45
11263 2/27/2024 MCMASTER-CARR SUPPLY
COMPANY
OPS SUPPLIES (PARKS) FY23-24 100630 51200 $18.14
CHECK TOTAL $18.14
11264 2/27/2024 MNS ENGINEERS INC DESIGN OF DIAMOND BAR COMPLETE
STREETS - JAN 2024
301610 56105 $51,403.25
CHECK TOTAL $51,403.25
11265 2/27/2024 MV CHENG & ASSOCIATES INC CONSULTANT SVCS - FINANCE DEPT
JANUARY 2024
100210 54900 $669.38
CHECK TOTAL $669.38
11266 2/27/2024 NATIONAL TRENCH SAFETY INC ROAD MAINT (SLOPE FAILURE 02/06/24)
FY23-24
100655 55512 $1,987.35
2/27/2024 NATIONAL TRENCH SAFETY INC RENTAL EQUIP GS SLOPE (KRAIL021624-
031424) FY23-24
100655 52300 $455.52
CHECK TOTAL $2,442.87
11267 2/27/2024 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $349.00
5.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
2/27/2024 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $1,466.00
2/27/2024 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $904.00
CHECK TOTAL $2,719.00
11268 2/27/2024 OFFICE OF THE STATE
CONTROLLER ANNL STREET REPORT - FY 22/23 100210 54010 $3,500.00
CHECK TOTAL $3,500.00
11269 2/27/2024 ONE TIME PAY VENDOR BRIGHT MAGPIE FACILITY DEPOSIT REFUND 100 20202 $100.00
2/27/2024 ONE TIME PAY VENDOR BRIGHT MAGPIE FACILITY DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $300.00
11270 2/27/2024 ONE TIME PAY VENDOR DIAMOND BAR FRIENDS
OF THE LIBRARY
FACILITY RENTAL REFUND 100 20202 $496.25
CHECK TOTAL $496.25
11271 2/27/2024 ONE TIME PAY VENDOR KAREN KINDER FACILITY DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
11272 2/27/2024 ONE TIME PAY VENDOR LORNA LEE RECREATION PROGRAM REFUND 100 20202 $115.00
CHECK TOTAL $115.00
11273 2/27/2024 ONE TIME PAY VENDOR DCW HOMES, LLC DEV DEPOSIT REFUND-22589 PACIFIC LN 100 22107 $12,254.35
CHECK TOTAL $12,254.35
11274 2/27/2024 ONE TIME PAY VENDOR DIAMOND BAR FRIENDS
OF THE LIBRARY
FACILITY RENTAL REFUND 100 20202 $2,493.96
CHECK TOTAL $2,493.96
11275 2/27/2024 ONE TIME PAY VENDOR TARA REYES REIMB - USED OIL PROGRAM 253180 51300 $32.83
CHECK TOTAL $32.83
11276 2/27/2024 PACIFIC PRODUCTS AND
SERVICES LLC ROAD MAINT SIGNS FY23-24 100655 51250 $974.55
CHECK TOTAL $974.55
11277 2/27/2024 PARKWOOD LANDSCAPE
MAINTENANCE INC LANDSCAPE MAINTENANCE (PARKS-
JAN) FY23-24
100510 55505 $6,029.22
2/27/2024 PARKWOOD LANDSCAPE
MAINTENANCE INC LANDSCAPE MAINTENANCE (PARKS-
JAN) FY23-24
100630 55505 $23,278.51
CHECK TOTAL $29,307.73
5.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
11278 2/27/2024 PBLA ENGINEERING INC DESIGN SERVICES (DBC/CITYHALL) FY23-
24
301630 56104 $10,525.00
2/27/2024 PBLA ENGINEERING INC DESIGN SERVICES (DBC/CITYHALL) FY23-
24
301630 56104 $10,416.00
CHECK TOTAL $20,941.00
11279 2/27/2024 PROTECTION ONE INC ALARM MONITOR (CITYHALL022924-
032824) FY23-24
100620 52320 $41.74
CHECK TOTAL $41.74
11280 2/27/2024 PROTECTION ONE INC BURGLAR ALARM (SYCAMOREPARK
022824-052724) FY23-24
100630 52320 $221.68
CHECK TOTAL $221.68
11281 2/27/2024 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE
STORAGE UNITS
100520 52302 $798.00
2/27/2024 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE
STORAGE UNITS
100520 52302 $836.00
CHECK TOTAL $1,634.00
11282 2/27/2024 PUENTE HILLS FORD LLC FLEET VEHICLE MAINT (LIC#1315342)
FY23-24
502620 52312 $93.99
2/27/2024 PUENTE HILLS FORD LLC FLEET VEHICLE MAINT (LIC#1479429)
FY23-24
502430 52312 $944.94
2/27/2024 PUENTE HILLS FORD LLC FLEET VEHICLE MAINT (LIC#1363853)
FY23-24
502630 52312 $1,368.66
2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1524113) FY23-24 502630 52312 $160.42
2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1479428) FY23-24 502430 52312 $3,476.57
2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1532960) FY23-24 502620 52312 $791.61
2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1210108) FY23-24 502630 52312 $495.69
2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1442563) FY23-24 502630 52312 $137.02
2/27/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1532940) FY23-24 502655 52312 $271.38
CHECK TOTAL $7,740.28
11283 2/27/2024 PYRO COMM SYSTEMS INC FIRE ALARM MONITORING (DBC
02/2024-04/2024) FY23-24
100510 52310 $135.00
CHECK TOTAL $135.00
11284 2/27/2024 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2024 206650 55610 $369.70
2/27/2024 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JANUARY 2024 206650 55620 $1,478.82
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 $1,848.52
11285 2/27/2024 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $173.01
2/27/2024 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $86.51
CHECK TOTAL $259.52
11286 2/27/2024 RICARDO MOJICA SENIOR DANCE PHOTO BOOTH 2/8/24 100520 55310 $390.00
CHECK TOTAL $390.00
11287 2/27/2024 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES-
JANUARY 2024
100420 55100 $43,081.54
CHECK TOTAL $43,081.54
11288 2/27/2024 ROSS CREATIONS DEPOSIT FOR CITY BIRTHDAY SOUND
SERVICES
100520 55300 $400.00
CHECK TOTAL $400.00
11289 2/27/2024 SC FUELS FLEET VEHICLE FUEL (011624-013124)
FY23-24
502430 52330 $79.68
2/27/2024 SC FUELS FLEET VEHICLE FUEL (011624-013124)
FY23-24
502620 52330 $363.11
2/27/2024 SC FUELS FLEET VEHICLE FUEL (011624-013124)
FY23-24
502630 52330 $507.06
2/27/2024 SC FUELS FLEET VEHICLE FUEL (011624-013124)
FY23-24
502655 52330 $567.87
CHECK TOTAL $1,517.72
11290 2/27/2024 SCMAF CONTRACT CLASS INSURANCE-Q1 100520 55320 $492.20
2/27/2024 SCMAF CONTRACT CLASS INSURANCE-Q2 100520 55320 $533.60
2/27/2024 SCMAF CONTRACT CLASS INSURANCE-Q3 100520 55320 $475.00
2/27/2024 SCMAF CONTRACT CLASSES INSURANCE-Q4 100520 55320 $457.50
2/27/2024 SCMAF SCMAF ANNUAL MEMBERSHIPS 100520 52400 $340.00
CHECK TOTAL $2,298.30
11291 2/27/2024 SESAC RIGHTS MANAGEMENT
INC MUSIC LICENSING 100520 55300 $1,888.00
CHECK TOTAL $1,888.00
11292 2/27/2024 SIMPSON ADVERTISING INC DESIGN OF 2023 COMMUNITY SURVEY
RESULTS HANDOUT
100240 54900 $645.00
CHECK TOTAL $645.00
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
11293 2/27/2024 SO COAST AIR QUALITY MGT
DISTRICT FACILITY LEASE FOR MARCH 2024 100130 52302 $2,688.58
CHECK TOTAL $2,688.58
11294 2/27/2024 SOCIAL ASSURANCE LLC SOCIAL MEDIA - MRKTG/ARCHIVING -
2024
100230 52314 $3,500.00
CHECK TOTAL $3,500.00
11295 2/27/2024 SPECTRUM BUSINESS CABLE TV - DBC - JAN 2024 100230 54030 $127.55
2/27/2024 SPECTRUM BUSINESS CABLE TV/INTERNET - CITY HALL - JAN
2024
100230 54030 $1,727.81
2/27/2024 SPECTRUM BUSINESS CABLE TV - DBC - JAN 2024 100230 54030 $127.15
2/27/2024 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK 100230 54030 $278.93
CHECK TOTAL $2,261.44
11296 2/27/2024 STAY GREEN INC LANDSCAPE MAINTENANCE (CITYHALL
FEB2024) FY23-24
100620 52320 $1,172.00
CHECK TOTAL $1,172.00
11297 2/27/2024 THE COMDYN GROUP INC GIS SUPPORT - DEC. 2023 100230 54900 $1,826.89
2/27/2024 THE COMDYN GROUP INC GIS SUPPORT - JAN 2024 100230 54900 $4,805.35
CHECK TOTAL $6,632.24
11298 2/27/2024 THE GAS COMPANY CITYHALL (011124-020924) FY23-24 100620 52215 $804.85
2/27/2024 THE GAS COMPANY HERITAGE PARK (011224-021224) FY23-
24
100630 52215 $421.89
2/27/2024 THE GAS COMPANY DBC (011324-021324) FY23-24 100510 52215 $2,211.69
CHECK TOTAL $3,438.43
11299 2/27/2024 THE SAN GABRIEL VALLEY
NEWSPAPER GR ORDINANCE PUBLISHING - NO. 01
(2024)
100140 52160 $423.44
2/27/2024 THE SAN GABRIEL VALLEY
NEWSPAPER GR ORDINANCE PUBLISHING - NO. 02
(2024)
100140 52160 $423.44
CHECK TOTAL $846.88
11300 2/27/2024 THE SAUCE CREATIVE SERVICES
INC FLYERS FOR BREAKFAST WITH THE BUNNY 100520 52110 $1,046.23
2/27/2024 THE SAUCE CREATIVE SERVICES
INC FLYERS FOR CITY BIRTHDAY 100520 52110 $312.58
CHECK TOTAL $1,358.81
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
11301 2/27/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS - 1/30/24 503230 56135 $1,600.00
2/27/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS - FEB 2024 503230 56135 $2,400.00
CHECK TOTAL $4,000.00
11302 2/27/2024 ULINE INC RESIDENTIAL RECYCLING BINS 254180 56116 $49.25
CHECK TOTAL $49.25
11303 2/27/2024 UNITED RECORDS MANAGEMENT
INC OFF-SITE BACK-UP TAPE STORAGE - JAN
2024
100230 55000 $594.00
CHECK TOTAL $594.00
11304 2/27/2024 VIDIFLO LLC AV SUPPORT OF CABLE CHANNEL 100240 54900 $460.00
CHECK TOTAL $460.00
11305 2/27/2024 WW GRAINGER INC RUBBER BOOTS(SIZE9) FY23-24 100630 51200 $84.06
2/27/2024 WW GRAINGER INC RUBBER BOOTS (SIXE14) FY23-24 100630 51200 $84.06
2/27/2024 WW GRAINGER INC PW STREETS SUPPLIES FY23-24 100655 51250 $37.78
2/27/2024 WW GRAINGER INC PW STREETS SUPPLIES FY23-24 100655 51250 $69.24
2/27/2024 WW GRAINGER INC RUBBER BOOTS (SIZE10) FY23-24 100655 51200 $84.06
CHECK TOTAL $359.20
11306 2/27/2024 WALNUT VALLEY UNIFIED
SCHOOL DISTRICT YOUTH BASKETBALL GYM RENTAL 100520 52302 $2,116.60
2/27/2024 WALNUT VALLEY UNIFIED
SCHOOL DISTRICT YOUTH BASKETBALL GYM RENTAL 100520 52302 $1,402.50
CHECK TOTAL $3,519.10
11307 2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (CITYHALLW 010124-013124)
JAN FY23-24
100620 52220 $528.66
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (D38W 010124-013124) JAN
FY23-24
238638 52220 $4,589.35
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (D38RW 010124-013124) JAN
FY23-24
238638 52220 $572.05
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (D39W 010124-013124) JAN
FY23-24
239639 52220 $2,249.26
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (D41W 010124-013124) JAN
FY23-24
241641 52220 $1,399.54
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (DBCW 010124-013124) JAN
FY23-24
100510 52220 $383.96
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
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (PARKSW 010124-013124) JAN
FY23-24
100630 52220 $3,765.81
2/27/2024 WALNUT VALLEY WATER DISTRICT WVWD (PARKSRW 010124-013124) JAN
FY23-24
100630 52220 $115.87
CHECK TOTAL $13,604.50
11308 2/27/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY23-24 100510 51210 $3,101.17
2/27/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY23-24 100510 51210 $810.12
2/27/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITYHALL) FY23-
24
100620 51200 $1,004.29
2/27/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITYHALL) FY23-
24
100620 51200 $438.53
CHECK TOTAL $5,354.11
11309 2/27/2024 WEST COAST ARBORISTS INC TREE MAINTENANCE (011624-013124)
FY23-24
100645 55522 $30,965.55
CHECK TOTAL $30,965.55
11310 2/27/2024 YUNEX LLC TS MAINT/REPAIR CLARY CONVERTERS
AT 2 LOCATIONS
207650 55536 $2,375.00
2/27/2024 YUNEX LLC TS MAINT - FURNISH DECORATIVE BASE
PLATE COVERS
207650 55536 $5,800.00
2/27/2024 YUNEX LLC TS MAINT - GLDN
SPRINGS/PROSPECTORS - INSTALL DLC
207650 55536 $3,015.00
2/27/2024 YUNEX LLC TS MAINT - REPAIR CLARY INVERTERS - 3
LOCATIONS
207650 55536 $3,750.00
2/27/2024 YUNEX LLC TS MAINTENANCE - DEC 2023 207650 55536 $5,540.00
2/27/2024 YUNEX LLC TS MAINT/REPAIR - DBB/COLD SPRING -
(HIT & RUN)
207650 55536 $5,637.65
2/27/2024 YUNEX LLC TS MAINT/REPAIR - INSPECTION
DBB/MTN LAUREL
207650 55536 $319.00
CHECK TOTAL $26,436.65
GRAND TOTAL $1,262,776.13
5.2.b
Packet Pg. 31
Agenda #: 5.3
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the January 2024 Treasurer’s Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer’s
Statement to the City Council for review and approval. This statement shows the cash
balances with a breakdown of various investment accounts and the yield to maturity
from investments. This statement also includes an investment portfolio management
report which details the activities of investments. All investments have been made in
accordance with the City’s Investment Policy.
PREPARED BY:
REVIEWED BY:
5.3
Packet Pg. 32
Attachments:
1. 5.3.a Treasurer's Cash Report - Jan 2024
2. 5.3.b Treasurer's Certification & Portfolio Report - Jan 2024
5.3
Packet Pg. 33
CASH & INVESTMENT BALANCES
Cash Funds
General Account $2,067,106.04
Payroll Account $0.00
Change Fund - General Fund $600.00
Petty Cash Account $500.00
Cash With Fiscal Agent (US Bank 2021 Bonds)$1,526.14
Total Cash Funds $2,069,732.18
City & LAIF Invested Funds (Book Value):
Local Agency Investment Fund $2,079,076.35
City-Managed Fixed-Income Securities (0-5 year maturity) $71,594,169.86
Total Investment Funds (Book Value)$73,673,246.21
Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF)3.71%(7 months)
Fiscal YTD Interest Earnings (City Funds & LAIF)$1,517,232.17 (7 months)
FY 2023-24 Budgeted Investment Earnings (City Funds & LAIF)$987,450.00 (12 months)
Invested Funds With OPEB Trust (Managed by CalPERS/State Street) $765,232.29
Historical rate of return as of 9/30/2023 (since 2016, 7.25 yrs)1.51%
OPEB Trust Fiscal Year-To-Date Unrealized Gain/(Loss)$31,795.84 (7 months)
GRAND TOTAL - CASH & INVESTMENTS $76,508,210.68
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
AS OF JANUARY 31, 2024
5.3.a
Packet Pg. 34
INVESTMENTS BOOK VALUE
PERCENT OF
PORTFOLIO TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD $11,172,000.00 15.16%1,393 1,026 4.098%
Local Agency Investment Fund $2,079,076.35 2.82%1 1 4.012%
Corporate Notes $454,925.07 0.62%1,638 1,237 5.000%
Federal Agency Coupon Securities $13,763,040.97 18.68%1,117 639 4.011%
Federal Agency Discount-Amortizing $3,173,329.80 4.31%193 175 5.127%
Treasury Coupon Securities $11,968,437.89 16.25%1,116 485 2.664%
Federal Agency Callable $8,999,031.98 12.21%1,512 495 2.367%
Certificates of Deposit-Banks $3,958,920.59 5.37%1,523 582 2.146%
Municipal Bonds $2,026,233.69 2.75%1,565 955 3.678%
Money Market Fund $16,078,249.87 21.82%1 1 5.260%
Total Investments and Averages $73,673,246.21 100.00%929 487 3.822%
TOTAL INTEREST EARNED
I certify that this report accurately reflects all City pooled investments
Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar
City Treasurer approved by City Council and on file in the City Clerk's office. The investment program
herein provides sufficient cash flow liquidity to meet the next six months estimated
expenditures.
$226,831.41 $1,517,232.17
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
January 31, 2024
MONTH ENDING FISCAL YEAR-TO-DATE
January 31, 2024 2023-2024
5.3.b
Packet Pg. 35
City of Diamond Bar
Portfolio Management
January 31, 2024
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA
(909)839-7053
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value
Days to
MaturityTerm
YTM/C
Federal Credit Union CD 11,172,000.00 1,39315.16 4.0981,02611,106,725.4611,172,000.00
Local Agency Investment Funds 2,079,076.35 12.82 4.01212,047,533.642,079,076.35
Corporate Notes 454,925.07 1,6380.62 5.0001,237454,925.07500,000.00
Federal Agency Coupon Securities 13,763,040.97 1,11718.68 4.01163913,758,441.3813,750,000.00
Federal Agency Disc. -Amortizing 3,173,329.80 1934.31 5.1271753,173,329.803,250,000.00
Treasury Coupon Securities 11,968,437.89 1,11616.25 2.66448511,765,933.0412,000,000.00
Federal Agency Callable 8,999,031.98 1,51212.21 2.3674958,636,023.009,000,000.00
Certificate of Deposit 3,958,920.59 1,5235.37 2.1465823,816,644.833,959,000.00
Municipal Bonds 2,026,233.69 1,5652.75 3.6789551,991,537.542,145,000.00
Money Market Fund 16,078,249.87 121.82 5.260116,078,249.8716,078,249.87
73,673,246.21 100.00%Investments 72,829,343.6373,933,326.22 929 487 3.822
Current Year
January 31
226,831.41
Fiscal Year To Date
1,517,232.17
Average Daily Balance
Effective Rate of Return
70,940,884.93 69,336,907.13
3.71%3.76%
Total Earnings Month Ending
__________________________________________________ ____________________
Jason M. Jacobsen, Finance Director
Portfolio POOL
AP
Reporting period 01/01/2024-01/31/2024
Run Date: 02/26/2024 - 11:27 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
02/26/2024
5.3.b
Packet Pg. 36
Days to
Maturity
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
January 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Federal Credit Union CD
172Apple Bank For Savings10443 248,000.00 248,000.00 07/22/20243.20007/22/2022 248,000.00 73103784JTK0 3.200
172Baxter Credit Union10444 248,000.00 248,000.00 07/22/20243.15007/22/2022 248,000.00 73107181JAG9 3.150
176Utah Community Fed Cr Union10454 248,000.00 248,000.00 07/26/20243.15007/27/2022 248,000.00 730917352AA4 3.150
361A+ FEDERAL CU10528 249,000.00 249,000.00 01/27/20254.70001/27/2023 249,000.00 73100224TAL0 4.700
473American Express Bank10419 246,000.00 246,000.00 05/19/20253.10005/18/2022 244,052.66 1,09702589ACS9 3.100
484US ALLIANCE FED CREDIT UNION10424 249,000.00 249,000.00 05/30/20253.10005/31/2022 246,987.08 1,09590352RCM5 3.100
515CALIFORNIA CREDIT UNION10621 243,000.00 243,000.00 06/30/20255.10012/28/2023 243,000.00 550130162BL3 5.100
522Sallie Mae Bank10461 248,000.00 248,000.00 07/07/20253.40007/06/2022 248,000.00 1,097795451BQ5 3.400
546GESA CREDIT UNION10570 248,000.00 248,000.00 07/31/20255.50007/31/2023 248,000.00 73137424PAG9 5.500
572Connexus CU10474 248,000.00 248,000.00 08/26/20253.50008/26/2022 248,000.00 1,09620825WBC3 3.500
592USF FCU10550 249,000.00 249,000.00 09/15/20255.05003/15/2023 249,000.00 91590353EBC6 5.050
603UNIVERSITY CREDIT UNION10492 249,000.00 249,000.00 09/26/20254.00009/26/2022 249,000.00 1,096914242AA0 4.000
621CHIEF FINANCIAL FCU10502 249,000.00 249,000.00 10/14/20254.60010/12/2022 249,000.00 1,09816863LAE5 4.600
631VERIDIAN CU10500 249,000.00 249,000.00 10/24/20254.50010/24/2022 249,000.00 1,09692348DAA7 4.500
726Community Commerce Bank10440 248,000.00 248,000.00 01/27/20263.05007/27/2022 248,000.00 1,28020367GBD0 3.050
726LIBERTY FIRST CU10530 249,000.00 249,000.00 01/27/20264.50001/27/2023 249,000.00 1,096530520AC9 4.500
732COCA-COLA FCU10529 249,000.00 249,000.00 02/02/20264.60001/31/2023 249,000.00 1,09819123RAA0 4.600
756GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 224,875.74 1,82639573LAV0 0.650
771MID CAROLINA CU10549 249,000.00 249,000.00 03/13/20264.85003/13/2023 249,000.00 1,09659524LAA4 4.850
781TECHNOLOGY CU10551 249,000.00 249,000.00 03/23/20265.00003/23/2023 249,000.00 1,09687868YAL7 5.000
928PIMA FEDERAL CREDIT10575 248,000.00 248,000.00 08/17/20265.30008/17/2023 248,000.00 1,096722000AC0 5.300
963HEALTHCARE SYSTEMS FCU10496 249,000.00 249,000.00 09/21/20263.60009/21/2022 249,000.00 1,46142228LAH4 3.600
986VCC BANK10499 249,000.00 249,000.00 10/14/20264.25010/14/2022 249,000.00 1,46191823MBE4 4.250
1,033LAFAYETTE FCU10606 248,000.00 248,000.00 11/30/20265.25011/30/2023 248,000.00 1,09650625LBR3 5.250
1,049America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 227,139.23 1,82606251A3K4 1.350
1,062Medallion Bank10622 248,000.00 248,000.00 12/29/20264.50012/29/2023 248,000.00 1,09658404DUA7 4.500
1,096State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 230,670.75 1,827856285E98 1.750
1,267Toyota Financial SGS Bank10442 248,000.00 248,000.00 07/22/20273.40007/22/2022 248,000.00 1,82689235MNT4 3.400
1,272Capital One Bank USA10453 248,000.00 248,000.00 07/27/20273.50007/27/2022 248,000.00 1,82614042THZ3 3.500
1,322LUMINATE BANK10487 249,000.00 249,000.00 09/15/20273.40009/15/2022 249,000.00 1,82655026MAE5 3.400
1,328AUSTIN TELCO FCU10495 249,000.00 249,000.00 09/21/20273.80009/21/2022 249,000.00 1,826052392BT3 3.800
1,337JEANNE D'ARC CREDIT UNION10491 249,000.00 249,000.00 09/30/20273.80009/30/2022 249,000.00 1,826472207AE9 3.800
1,337BANK OF THE VALLEY NE10494 249,000.00 249,000.00 09/30/20274.10009/30/2022 249,000.00 1,82606543PDA0 4.100
1,460Hickam10639249,000.00 249,000.00 01/31/20284.15001/31/2024 249,000.00 1,46142869GAB2 4.150
1,497Alaska USA FCU10547 249,000.00 249,000.00 03/08/20284.60003/08/2023 249,000.00 1,827011852AE0 4.600
1,637TTCU FED CU10564 248,000.00 248,000.00 07/26/20285.00007/26/2023 248,000.00 1,82789854LAD5 5.000
Portfolio POOL
AP
Run Date: 02/26/2024 - 11:27 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
5.3.b
Packet Pg. 37
Days to
Maturity
Page 2
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
January 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Federal Credit Union CD
1,670LINCOLN PARK COMMUNITY BANK10571 248,000.00 248,000.00 08/28/20285.00008/28/2023 248,000.00 1,827534574AC2 5.000
1,681PINAL COUNTY FED CU10578 248,000.00 248,000.00 09/08/20285.70009/08/2023 248,000.00 1,82772221MAA1 5.700
1,726Empower FED Credit Union10596 248,000.00 248,000.00 10/23/20285.10010/23/2023 248,000.00 1,827291916AG9 5.100
1,733UTAH FIRST CD10589 248,000.00 248,000.00 10/30/20285.10010/30/2023 248,000.00 1,82791739JAD7 5.100
1,733WORKERS FCU10590 248,000.00 248,000.00 10/30/20285.20010/30/2023 248,000.00 1,82798138MCA6 5.200
1,756TRUSTSTAR BANK10604 248,000.00 248,000.00 11/22/20284.75011/22/2023 248,000.00 1,82789839KAD7 4.750
1,764ROCKLAND FCU10607 248,000.00 248,000.00 11/30/20285.00011/30/2023 248,000.00 1,82777357DAB4 5.000
1,791Wells Fargo10617 248,000.00 248,000.00 12/27/20284.10012/27/2023 248,000.00 1,827949764JY1 4.100
1,813City Federal Credit Union10625 249,000.00 249,000.00 01/18/20294.00001/18/2024 249,000.00 1,82717783PAK7 4.000
11,172,000.00 1,39311,106,725.4611,172,000.0010,786,451.61Subtotal and Average 1,026 4.098
Local Agency Investment Funds
1Local Agency Investment Fund10028 2,079,076.35 2,079,076.35 4.0122,047,533.64 1LAIF 4.012
2,079,076.35 12,047,533.642,079,076.352,198,654.70Subtotal and Average 1 4.012
Corporate Notes
1,237Bank of America Corp.10515 500,000.00 454,925.07 06/22/20272.00012/27/2022 454,925.07 1,63806048WR36 5.000
454,925.07 1,638454,925.07500,000.00454,407.04Subtotal and Average 1,237 5.000
Federal Agency Coupon Securities
20Federal Home Loan Bank10534 500,000.00 499,972.42 02/21/20245.00002/22/2023 499,972.42 3643130AV2E1 5.103
27Federal Home Loan Bank10416 2,000,000.00 1,999,681.02 02/28/20242.12503/29/2022 1,974,200.00 7013130ARHG9 2.344
62Federal Farm Credit Bank10624 500,000.00 496,425.88 04/03/20241.20012/21/2023 496,425.88 1043133ENMZ0 5.400
148Federal Home Loan Bank10460 1,000,000.00 998,623.17 06/28/20242.75007/08/2022 998,623.17 7213130ASDS5 3.099
225Federal Home Loan Bank10483 750,000.00 747,351.46 09/13/20243.50009/22/2022 747,351.46 7223130AT6G7 4.100
225Federal Home Loan Bank10533 750,000.00 749,191.54 09/13/20244.87502/22/2023 749,191.54 5693130ATVD6 5.058
386Federal Farm Credit Bank10543 500,000.00 499,058.03 02/21/20254.75003/01/2023 499,058.03 7233133EPBH7 4.939
505Federal Farm Credit Bank10458 500,000.00 501,303.34 06/20/20253.37507/11/2022 501,303.34 1,0753133ENZG8 3.176
771Federal Home Loan Bank10537 500,000.00 497,607.63 03/13/20264.37502/27/2023 497,607.63 1,110313373B68 4.619
862Federal Home Loan Bank10447 1,000,000.00 1,005,152.07 06/12/20263.37507/18/2022 1,005,152.07 1,4253130ASJ59 3.141
897Federal Farm Credit Bank10572 1,000,000.00 999,168.08 07/17/20264.62508/02/2023 999,168.08 1,0803133EPQC2 4.661
1,225INTER-AMERICAN DEV. BANK10498 500,000.00 491,550.46 06/10/20272.98009/13/2022 491,550.46 1,73145818WED4 3.902
1,226Federal Home Loan Bank10432 1,000,000.00 999,386.57 06/11/20273.50006/16/2022 1,020,268.00 1,8213130ASGU7 3.520
271Federal Home Loan Bank10588 1,000,000.00 1,000,000.00 10/29/20275.60010/30/2023 1,000,000.00 1,4603130AXMQ8 5.600
1,399Federal Farm Credit Bank10545 1,000,000.00 995,165.96 12/01/20274.12503/01/2023 995,165.96 1,7363133EPCG8 4.267
1,590Federal Home Loan Bank10563 500,000.00 503,870.94 06/09/20284.37507/21/2023 503,870.94 1,7853130AWMN7 4.177
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
January 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Federal Agency Coupon Securities
1,702CITIBANK10631750,000.00 779,532.40 09/29/20285.80301/30/2024 779,532.40 1,70417325FBB3 4.847
13,763,040.97 1,11713,758,441.3813,750,000.0013,032,366.88Subtotal and Average 639 4.011
Federal Agency Disc. -Amortizing
40Federal Home Loan Bank10610 1,000,000.00 994,200.00 03/12/20245.22012/11/2023 994,200.00 92313384UE7 5.364
183Federal Home Loan Bank10626 750,000.00 731,051.88 08/02/20244.97001/29/2024 731,051.88 186313384A58 5.169
249Federal Home Loan Bank10627 750,000.00 725,229.69 10/07/20244.77501/29/2024 725,229.69 252313384J75 4.975
277Federal Home Loan Bank10628 750,000.00 722,848.23 11/04/20244.70501/29/2024 722,848.23 280313384N39 4.910
3,173,329.80 1933,173,329.803,250,000.001,235,137.46Subtotal and Average 175 5.127
Treasury Coupon Securities
104U.S. Treasury10417 2,000,000.00 1,998,788.28 05/15/20242.50004/25/2022 1,983,672.00 751912828WJ5 2.720
150U.S. Treasury10435 1,000,000.00 994,195.53 06/30/20241.75006/14/2022 976,875.00 7479128286Z8 3.222
181U.S. Treasury10434 1,000,000.00 995,310.51 07/31/20241.75006/08/2022 975,742.00 784912828Y87 2.730
408U.S. Treasury10415 3,000,000.00 2,982,613.64 03/15/20251.75003/22/2022 2,903,439.00 1,08991282CED9 2.290
500U.S. Treasury10459 1,000,000.00 997,706.49 06/15/20252.87507/08/2022 997,706.49 1,07391282CEU1 3.051
607U.S. Treasury10456 1,000,000.00 997,501.99 09/30/20253.00007/11/2022 997,501.99 1,1779128285C0 3.158
638U.S. Treasury10445 1,000,000.00 997,924.91 10/31/20253.00007/18/2022 997,924.91 1,2019128285J5 3.125
1,064U.S. Treasury10403 1,000,000.00 996,988.89 12/31/20261.25001/04/2022 925,664.00 1,82291282CDQ1 1.357
1,245U.S. Treasury10436 1,000,000.00 1,007,407.65 06/30/20273.25007/14/2022 1,007,407.65 1,81291282CEW7 3.014
11,968,437.89 1,11611,765,933.0412,000,000.0011,966,522.31Subtotal and Average 485 2.664
Federal Agency Callable
22Federal Home Loan Bank10428 1,000,000.00 1,000,000.00 02/23/20243.00005/23/2022 994,442.00 6413130ARYU9 3.000
56Federal Home Loan Mtg Corp10433 750,000.00 749,341.56 06/28/20243.12506/28/2022 749,124.00 7313134GXYM0 3.349
85Federal Home Loan Mtg Corp10527 500,000.00 500,000.00 07/26/20245.02001/26/2023 500,000.00 5473134GYE57 5.020
438Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 468,659.00 1,4613133EMVS8 0.690
23Federal Home Loan Bank10254 500,000.00 499,690.42 02/24/20260.62502/24/2021 460,993.50 1,8263130AL7M0 0.676
761Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 463,515.50 1,8263133EMSH6 0.790
1,075Federal Farm Credit Bank10397 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 933,642.00 1,8263133ENKG4 1.470
1,090Federal Farm Credit Bank10405 1,500,000.00 1,500,000.00 01/26/20271.84001/26/2022 1,417,582.50 1,8263133ENMA5 1.840
87Federal Home Loan Bank10406 1,500,000.00 1,500,000.00 01/28/20271.70001/28/2022 1,398,064.50 1,8263130AQKJ1 1.700
1,299Federal Farm Credit Bank10475 500,000.00 500,000.00 08/23/20274.03008/23/2022 500,000.00 1,8263133ENH52 4.030
333Federal Home Loan Bank10513 750,000.00 750,000.00 12/30/20274.55012/30/2022 750,000.00 1,8263130AUDL5 4.550
8,999,031.98 1,5128,636,023.009,000,000.008,998,963.28Subtotal and Average 495 2.367
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
January 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Certificate of Deposit
57Deleware Police Fed Credit Uni10451 246,000.00 245,920.59 03/29/20243.00007/20/2022 245,920.59 618246399AB5 3.210
91Morgan Stanley Bank10226 246,000.00 246,000.00 05/02/20242.75005/02/2019 243,893.01 1,82761760AZR3 2.753
188EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 241,213.04 1,82729278TKJ8 2.152
204Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 240,310.01 1,82775472RAE1 2.002
473Capital One Bank10429 248,000.00 248,000.00 05/19/20253.10005/18/2022 246,036.83 1,09714042RRH6 3.100
474Synchrony Bank10430 248,000.00 248,000.00 05/20/20253.10005/20/2022 246,033.11 1,09687165GR79 3.100
117JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.00005/28/2020 231,727.23 1,82648128UDS5 1.001
487Discover Bank10431 246,000.00 246,000.00 06/02/20253.10006/01/2022 244,005.19 1,097254673F68 3.100
523Meritrust Fed CU10457 248,000.00 248,000.00 07/08/20253.35007/08/2022 248,000.00 1,09659001PAS8 3.350
763BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 224,768.35 1,826066519QK8 0.000
769Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 225,981.94 1,82670320KAX9 0.000
781Pentagon Federal Credit Union10414 248,000.00 248,000.00 03/23/20261.80003/22/2022 234,447.30 1,46270962LBH4 1.800
950Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 225,703.81 1,82638149MZJ5 1.051
951UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 224,604.42 1,82690348JS92 0.000
1,203Cy Fair FCU10555 249,000.00 249,000.00 05/19/20274.35005/19/2023 249,000.00 1,46123288UAA5 4.355
1,272Third Fed Savings & Loan10455 245,000.00 245,000.00 07/27/20273.40007/27/2022 245,000.00 1,82688413QDM7 3.402
3,958,920.59 1,5233,816,644.833,959,000.003,958,899.69Subtotal and Average 582 2.146
Municipal Bonds
121CALIF STATE HLTH FACS AUTH10252 200,000.00 200,000.00 06/01/20240.75211/04/2020 189,923.60 1,30513032UXL7 0.752
274California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 93,759.00 1,50613077DMK5 0.685
486CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 231,621.25 1,67013032UXM5 0.952
912LOS ANGELES CA CMNTY CLG DIST10523 365,000.00 335,693.00 08/01/20261.17401/05/2023 335,693.00 1,30454438CYL0 4.700
1,277POWAY UNIFIED SCHOOL DIST10522 1,230,000.00 1,140,540.69 08/01/20272.41401/04/2023 1,140,540.69 1,670738850TA4 4.750
2,026,233.69 1,5651,991,537.542,145,000.002,024,780.47Subtotal and Average 955 3.678
Wells Fargo Sweep Account
1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010
0.00 00.000.000.00Subtotal and Average 0 0.000
Money Market Fund
1State Street Advisors10562 16,078,249.87 16,078,249.87 5.26005/31/2023 16,078,249.87 1857492888 5.260
1Western Asset10561 0.00 0.00 5.15005/25/2023 0.00 152470G882 5.150
16,078,249.87 116,078,249.8716,078,249.8716,284,701.48Subtotal and Average 1 5.260
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Par Value Book Value
Stated
RateMarket Value
January 31, 2024
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
92970,940,884.93 73,933,326.22 487 3.82272,829,343.63 73,673,246.21Total and Average
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Par Value Book Value
Stated
RateMarket Value
January 31, 2024
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
0.00
92970,940,884.93 73,933,326.22 487 3.822
0 0Average Balance
72,829,343.63 73,673,246.21Total Cash and Investments
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Stated
Rate
Transaction
Date
January 1, 2024 through January 31, 2024
Activity By Type
Balance
Portfolio Management
City of Diamond Bar
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Federal Credit Union CD
City Federal Credit Union10625 249,000.004.000 01/18/2024 0.0017783PAK7
Hickam10639 249,000.004.150 01/31/2024 0.0042869GAB2
0.00 11,172,000.00Subtotal498,000.00
Local Agency Investment Funds (Monthly Summary)
Local Agency Investment Fund10028 26,642.824.012 400,000.00LAIF
400,000.00 2,079,076.35Subtotal26,642.82
Corporate Notes
454,925.07Subtotal
Federal Agency Coupon Securities
CITIBANK10631 779,550.005.803 01/30/2024 0.0017325FBB3
0.00 13,763,040.97Subtotal779,550.00
Federal Agency Disc. -Amortizing
Federal Home Loan Bank10580 0.005.300 01/02/2024 1,000,000.00313384RG6 **
Federal Home Loan Bank10626 730,741.254.970 01/29/2024 0.00313384A58
Federal Home Loan Bank10627 724,931.254.775 01/29/2024 0.00313384J75
Federal Home Loan Bank10628 722,554.174.705 01/29/2024 0.00313384N39
1,000,000.00 3,173,329.80Subtotal2,178,226.67
Treasury Coupon Securities
11,968,437.89Subtotal
Federal Agency Callable
8,999,031.98Subtotal
Certificate of Deposit
3,958,920.59Subtotal
Municipal Bonds
2,026,233.69Subtotal
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Stated
Rate
Transaction
Date
January 1, 2024 through January 31, 2024
Activity By Type
Balance
Portfolio Management
City of Diamond Bar
CUSIP Investment #Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Wells Fargo Sweep Account
0.00Subtotal
Money Market Fund
State Street Advisors10562 6,256,466.935.260 3,000,000.00857492888
3,000,000.00 16,078,249.87Subtotal6,256,466.93
73,673,246.21Total4,400,000.009,738,886.42
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Agenda #: 5.4
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: THIRD AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH LANCE, SOLL & LUNGHARD, LLP FOR AUDIT
SERVICES REQUIRED BY THE LOS ANGELES COUNTY SAFE,
CLEAN WATER PROGRAM FOR FISCAL YEARS 2020/21 THROUGH
2022/23.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Third Amendment to the
Consultant Services Agreement with Lance, Soll & Lunghard, LLP for auditing services.
FINANCIAL IMPACT:
This Third Amendment would increase the total not-to-exceed compensation under the
Agreement by $20,000 for a total not-to-exceed amount of $412,679. Sufficient funds
have been included in the FY 2023/24 Measure W Fund (201) operating budget to
cover the cost of such services.
BACKGROUND/ANALYSIS:
As required by the Municipal Transfer Agreement between the City of Diamond Bar and
the Los Angeles County Flood Control District, the City is required every three years to
engage the services of an outside, independent audit firm to perform an audit to
determine the City’s compliance with the terms and conditions established by the Los
Angeles County Flood Control District’s Safe, Clean Water Program, including utilization
of annual program funds commonly referred to as “Measure W” funds.
Lance, Soll & Lunghard LLP (LSL) has provided audit services to the City under the
current agreement since 2015. On May 19, 2020, the City Council approved the First
Amendment extending the original term through completion of the financial reports for
FY ending June 30, 2020. On April 6, 2021, the City Council approved the Second
5.4
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Amendment extending the term through completion of the financial reports for FY
ending June 30, 2025. Over the years, LSL has provided exceptional service to the City,
and has worked well with the City Council, Audit Subcommittee and City staff. Based
on this past performance, it is recommended that the City Council amend the existing
contract with LSL to include the funding and additional scope of work (see Attachment 1
- Exhibit “A”) required to complete the compliance audit for the Safe, Clean Water
Program.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.4.a 3rd Amendment - LSL Compliance Audit for Safe, Clean Water Program
2. 5.4.b Exhibit A - Scope of Work for LSL Compliance Audit for Safe, Clean Water
Program
5.4
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1
THIRD AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
(Lance, Soll & Lunghard, LLP)
This Third Amendment to Consultant Services Agreement ("Third
Amendment") is made and entered into as of March 5, 2024, by and between the
City of Diamond Bar, a municipal corporation ( "City"), and Lance, Soll & Lunghard,
LLP CPA's, a California limited liability company (herein referred to as the
"Consultant") with reference to the following:
A. The City and the Consultant entered into that certain Consultant
Services Agreement dated as of April 7, 2015, which is incorporated herein by this
reference (the "Original Agreement"); and
B. The City and Consultant entered into a First Amendment to the
Original Agreement dated May 19, 2020, which is incorporated herein by this
reference ("First Amendment). The City and Consultant entered into that certain
Second Amendment dated as of April 6, 2021, which is incorporated herein by
reference (“Second Amendment”) which First and Second Amendments and
Original Agreement are collectively referred to herein as the "Agreement"; and
C. The City and the Consultant desire to amend, modify, amend and
supplement certain portions of the Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized
terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
2. Revised Scope of Services. The Scope of Services, Exhibit "A" to
the Original Agreement and First Amendment, is hereby amended, modified and
supplemented to include the additional services described on Exhibit "A"
attached hereto and incorporated herein by this reference.
3. Compensation. The total not-to-exceed compensation set forth in
Section 3 of the Original Agreement, as amended by the First Amendment and
Second Amendment is the sum of three hundred ninety-two thousand six
hundred and seventy-nine dollars ($392,679), which may not be exceeded without
prior written authorization by the City. That amount is further amended and increased
by this Third Amendment by twenty thousand dollars ($20,000) for a new not-to-
5.4.a
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2
exceed total compensation amount in the sum of four hundred twelve thousand six
hundred and seventy-nine dollars ($412,679), which amount may not be exceeded
without prior written authorization by the City.
4. Integration. This Third Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all
negotiations with respect hereto. This Third Amendment amends, as set forth herein,
the Original Agreement and except as specifically amended hereby, the Original
Agreement shall remain in full force and effect. To the extent that there is any conflict
or inconsistency between the terms and provisions of this Third Amendment and
the terms and provisions of the Original Agreement, the terms and provisions of
this Third Amendment shall control.
IN WITNESS hereof, the parties enter into this Third Amendment on the year
and day first above written.
"CONSULTANT"
Lance, Soll & Lunghard, LLP
CPA's
*By ___________________
Printed Name:
______________________
Title: _________________
*By:
Printed Name: ____________
Title:
"CITY"
CITY OF DIAMOND BAR
By:
Dan Fox, City Manager
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
5.4.a
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EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
[Behind this page.]
5.4.a
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March 17, 2023
City of Diamond Bar
Attn: Jason Jacobsen
JJacobsen@DiamondBarCA.Gov
21810 Copley Drive
Diamond Bar, CA 91765
Dear Mr. Jacobsen,
LANCE, SOLL & LUNGHARD, LLP (LSL) is pleased to present our scope of work proposal to provide audit
services to the City of Diamond Bar, As a leader in the field of governmental accounting and auditing, we appreciate
the opportunity to present our professional qualifications. Because of our extensive local government experience,
previous experience with the City, dedication to excellence, and determination to retain the brightest talent, we hope
you find that LSL is the most qualified accounting firm to provide these services to the City.
LSL is willing and ready to provide the following services at the request of the City of Diamond Bar:
Perform an independent audit to determine compliance with the terms and conditions of the Transfer
Agreement between the City of Diamond Bar and the Los Angeles County Flood Control District, specific
to the Safe, Clean Water Program, and all requirements applicable to the City contained in chapters 16 and
18 of the LACFD Code.
The audit will cover a three year period beginning with FY 20/21 through FY 22/23, and the report will be
due to LACFD no later than 3/31/2024
Brandon Young, CPA, a partner with LSL would be responsible for overseeing the engagement.
Throughout the year and during the period of this engagement, we will be available on a daily basis for consultation
on accounting and reporting matters related to new government accounting standards and other ongoing needs.
We will also periodically communicate new state and national developments affecting municipal finance and
reporting, standards and trends including changes in federal/state grant program accounting, and other reporting
requirements. These services will be provided at no additional charge.
The fee for our services will be $20,000 in total. LSL is committed to providing the services requested by the City
as well as assigning the appropriate level necessary to complete the tasks to keep the costs of the services as
reasonable as possible. Our proposal is a firm and irrevocable offer for a period of 90 days. For the purposes of this
proposal, Brandon Young, Partner, is authorized to make representations for our firm. He can be reached at the
address below, by phone at (916) 562-1579, or through email at brandon.young@lslcpas.com
203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022
EXHIBIT - A
5.4.b
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City of Diamond Bar
Page 2
Very truly yours,
City:
________________________________________
Signature
__________
Date
5.4.b
Packet Pg. 51
Agenda #: 5.5
Meeting Date: March 5, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CALIFORNIA NATURAL RESOURCES AGENCY GRANT FOR
HERITAGE PARK RENOVATION PROJECT AND CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION GRANT FOR MAPLE
HILL PARK PLAYGROUND/RESTROOM REPLACEMENT PROJECT.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Adopt Resolution No. 2024-07, approving the acceptance of general fund grant
funds for the Heritage Park Renovation Project, and authorizing the City
Manager, or designee, to execute and submit all documents necessary to accept,
administer and expend the grant funding; and,
B. Adopt Resolution No. 2024-08, approving the application for specified grant
funds for the Maple Hill Park Playground/Restroom Replacement Project, and
authorizing the City Manager, or designee, to execute and submit all documents
necessary to accept, administer and expend the grant funding.
FINANCIAL IMPACT:
The City would be reimbursed up to $250,000 for the design of the Heritage Park
Renovation Project and would need to enter into an agreement with the State of
California Natural Resources Agency.
The City would be reimbursed up to $660,000 for the design and construction of the
Maple Hill Park Playground/Restroom Replacement Project and would need to enter
into an agreement with the State of California Department of Parks and Recreation.
BACKGROUND:
Heritage Park and Community Center Renovation Project
5.5
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In July 2023, Assemblymember Lisa Calderon (D-56) announced she had secured a
grant to support Americans with Disabilities Act (ADA) improvements for the Heritage
Park and Community Center Renovation Project. As part of the Budget Act of 2023, the
State of California, through the California Natural Resources Agency (CNRA), is
providing the City of Diamond Bar with a $250,000 grant for this project. As a 3.4-acre
park with a 3,900-square-foot Community Center and located in the southern portion of
the City, Heritage Park's existing building, parking lot, playground, restrooms, and
amenities are outdated and must be updated to comply with building code and ADA
standards. The facility’s current condition limits the ability to provide the full benefits that
it could offer Diamond Bar residents. Design work for the project has begun and is being
provided by Black O'Dowd and Associates, Inc., with an anticipated completion date late
this Fall.
Maple Hill Park Playground/Restroom Replacement Project
Similarly, in August 2023, Senator Bob Archuleta (D-30) announced he had secured a
grant for the Maple Hill Park Playground/Restroom Replacement Project. As part of the
Budget Act of 2023, the State of California, through the California Department of Parks
and Recreation, is providing the City of Diamond Bar with a $660,000 grant. Maple Hill
Park, which includes approximately 3.5 acres of net usable area, was constructed by
Los Angeles County before Diamond Bar's cityhood. Most of the park's amenities are
outdated and must be updated to comply with building codes and ADA standards.
Design services for the project are currently being provided by PBLA Engineering, Inc
and are nearing completion.
DISCUSSION:
California Natural Resources Agency Grant (Heritage Park)
The grant funds are proposed to be used for the design of the Heritage Park Renovation
Project, which is referred to as Project FP24502 in the City's Capital Improvement
Program (CIP). The design will consist of a multi-phase approach towards the project,
including, but not limited to, renovations of the community center, restrooms, exterior
parking lots, existing playground, and the basketball court. The next step is for the City
Council to adopt the attached Resolution (Attachment 1) authorizing the City Manager
or designee to execute the agreement and associated application materials for
$250,000 in grant funds from CNRA. A draft application and sample Agreement is
included in Attachment 3.
California Department of Parks and Recreation Grant (Maple Hill Park)
The grant funds are proposed to be used for the design and construction of the Maple
Hill Park Playground/Restroom Replacement Project, recognized as project FP23506 in
the City's CIP. The project includes the replacement of the existing playground and play
surface, replacing the existing restroom building, and various ADA site improvements in
and around the playground and restroom. The next step is for the City Council to adopt
the attached Resolution (Attachment 2) authorizing the City Manager or designee to
execute the agreement and associated application materials for $660,000 in grant funds
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from the State of California Department of Parks and Recreation. A draft application
and sample Agreement is included in Attachment 4.
NEXT STEPS:
Following adoption of the attached Resolutions, the City Manager will be able to submit
the necessary documents to secure the grant funds and execute a grant agreement for
each project. Additionally, it should be noted that staff will continue to seek additional
funding opportunities for each project and bring forth future agenda items for the City
Council's consideration associated with the design or construction of the projects above.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.5.a Resolution No. 2024-07 CNRA Heritage Park Project
2. 5.5.b Resolution No. 2024-08 State Parks Maple Hill Project
3. 5.5.c Heritage Park Draft Application Form and Sample Agreement
4. 5.5.d Maple Hill Draft Application Form and Sample Agreement
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RESOLUTION NO. 2024-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE ACCEPTANCE OF GENERAL FUND GRANT
FUNDS FOR THE HERITAGE PARK RENOVATION PROJECT.
WHEREAS, the Legislature and Governor of the State of California have approved
a grant for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for the administration of the grant project, setting up necessary procedures;
and
WHEREAS, said procedures established by the California Natural Resources
Agency require the Grantee to certify by resolution the approval of a Project Information
Package before submission of said package to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California
for the above project.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The City Council hereby:
1. Approves the acceptance of a general fund allocation for local assistance
for the above project(s); and
2. Certifies that said agency understands the assurances and certification in
the Project Information Form; and
3. Certifies that said agency will have sufficient funds to develop/complete the
planning or program project(s) or will secure the resources to do so; and
4. Certifies that said agency will comply with the provisions of Section 1771.5
of the California Labor Code.
5. If applicable, certifies that the project will comply with any laws and
regulation including, but not limited to, the California Environmental Quality
Act (CEQA), legal requirements for building codes, health and safety codes,
disabled access laws, environmental laws and, that prior to commencement
of construction, all applicable licenses and permits will have been obtained.
6. Certifies that said agency has reviewed and understands the General
Provisions contained in the sample Grant Agreement shown in the
Procedural Guide; and
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Resolution No. 2024-07
2
7. Appoints the City Manager as agent to conduct all negotiations, execute
and submit all documents including, but not limited to the Project
Information Form, agreements, payment requests and so on, which may be
necessary for the completion of the aforementioned project(s).
Section 2. The City Clerk shall attest and certify to the passage and adoption of
this Resolution and enter it into the book of original resolutions, and it shall become
effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 5th day of March 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 5th day of March 2024, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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RESOLUTION NO. 2024-08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE
BUDGET ACT OF 2023, 19.561(B)(47) FOR PLAYGROUND, RESTROOM, AND
SITE IMPROVEMENTS AT THE MAPLE HILL PARK.
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility by the Legislature of the State of California for the administration of a
grant to the City of Diamond Bar, setting up necessary procedures governing
application(s); and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the applicant’s Governing Body to certify by resolution the approval
of project application(s) before submission of said applications to the State; and
WHEREAS, the applicant will enter into a contract with the State of California to
complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar as follows:
Section 1. The City Council hereby:
1. Approves the filing of project application(s) for specified grant project(s); and
2. Certifies that said applicant has or will have available, prior to
commencement of project work utilizing specified grant funds, sufficient
funds, including those provided by this grant, to complete the project; and
3. Certifies that the applicant has reviewed, understands, and agrees to the
General Provisions contained in the contract shown in this Procedural Guide;
and
4. Delegates the authority to the City Manager, or designee to conduct all
negotiations, sign and submit all documents, including, but not limited to
applications, agreements, amendments, and payment requests, which may
be necessary for the completion of the project scope(s); and
5. Agrees to comply with all applicable federal, state and local laws, ordinances,
rules, regulations and guidelines.
Section 2. 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.
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Resolution No. 2024-08
2
PASSED, APPROVED AND ADOPTED this 5th day of March 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 5th day of March 2024, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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PROJECT INFORMATION FORM
Project Name Estimated Date of Completion: Enter date
Heritage Park Renovation Project Grant Amount: $250,000.00
Estimated Total Project Cost: $7,500,000.00
(State grant, other funds, and in-kind)
Grantee Name (with mailing address) County Nearest City/Town
City of Diamond Bar Check one: Los Angeles Walnut
21810 Copley Drive ☐Nonprofit Project Address (or nearest cross street)
Diamond Bar, CA 91765 ☒Local Agency 2900 South Brea Canyon Road
☐State Agency Diamond Bar, CA 91765
Senate Dist. Assembly Dist. US Congressional Dist.
29 & 30 56 38
Grantee’s Representative Authorized in Resolution (Signature required at bottom of this page)
Name: Daniel Fox Title: City Manager
Phone: (909) 839 - 7011 Email: DFox@diamondbarca.gov
Project Manager – Person with day-to-day responsibility for project (if different from authorized representative)
Name: Hal Ghafari Title:
Public Works Manager/Assistant City
Engineer
Phone: (909) 839 - 7044 Email: HGhafari@diamondbarca.gov
Brief Description of Project Latitude Longitude
(Summarize major activities to be funded by this Grant) 33.97395 -117.84338
Heritage Park is a 3.4-acre park with a 3,900-square-foot
Community Center built in 1993. However, the existing
fixtures, restrooms, and amenities are outdated and must be
updated to meet Americans with Disabilities Act (ADA)
compliance. As such, the City has taken the initiative to
design a renovation project with options to retrofit and
refurbish existing amenities to address ADA compliance and
promote maintenance efficiency, all without expanding the
existing park footprint.
Site Control/Land Tenure (check the box that applies)
☒Grantee owns the property
☐
Grantee leases the property – Term
End:Enter date
☐Grantee owns an easement on the property.
☐Grantee has an MOU with the property owner.
☐Not applicable.
I certify that the information in this Project Information Form, including all attachments, is complete and accurate.
Signed: Enter date
Grantee’s Authorized Representative as shown in Resolution Date
Daniel Fox City Manager Designee? ☐ Yes ☒No
Print Name Title (If yes, attach letter of designation
from authorized representative.)
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SAMPLE PROGAM GRANT AGREEMENT
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
GRANTEE NAME:
PROJECT TITLE:
AGREEMENT NUMBER:
AUTHORITY: Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023)
PROGRAM: General Fund Specified Grant Projects
PROJECT DESCRIPTION
A detailed Project Scope and activities, Project schedule and Project Budget are described and
attached hereto as Exhibit A.
Grant funds are to be used for costs in accordance with the provisions contained in the Procedural
Guide for General Fund Specified Planning and Program Grant Projects and this Agreement.
TERMS AND CONDITIONS OF GRANT
General Provisions
A. Definitions
1. The term “Act” means the Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023.
2. The term “Agreement” means this Grant Agreement
3. The term “Application” means the Project Information Package and any applicable
materials supplied by grantee to the State pursuant to the Application Guidelines.
4. The term “Application Guidelines” means the Procedural Guide for General Fund Specified
Grants, FY 2023-2024, Planning & Program Projects.
5. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee
in this Agreement.
6. The term “Grant Agreement” means a contractual arrangement between the State and
Grantee specifying the payment of funds by the State for the performance of specific
project objectives within a specific project performance period by the Grantee.
7. The term "Grantee" means an entity who has a signed agreement for Grant Funds.
8. The term “Other Sources of Funds” means cash or in-kind contributions that are required or
used to complete the project beyond the Grant Funds provided by this Agreement.
9. The term “Payment Request Form” means Form RA212.
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10. The term "Project" means the activity described in the Application as modified by Exhibit A
to be accomplished with Grant Funds.
11. The term “Project Budget” means the State approved cost estimate included as Exhibit A-1
to this Agreement.
12. The term “Project Scope” means the description or activity for work to be accomplished by
the Project.
13. The term “Public Agency” means any State of California department or agency, a county,
city, public district, or public agency formed under California law.
14. The term "State" means the Secretary for California Natural Resources or his/her
representatives, or other political subdivision of the State.
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum
of money (Grant Funds) not to exceed the amount stated on the signature page in
consideration of and on condition that the sum be expended in carrying out the purposes
as set forth in the description of the Project in this Agreement and its attachments and under
the Terms and Conditions set forth in this Agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to complete the
Project.
3. Grantee shall complete the Project in accordance with the Project Performance Period set
forth on the signature page unless an extension has been formally granted by the State and
under the Terms and Conditions of this Agreement. Extensions may be requested in
advance and will be considered by the State, at its sole discretion, in the event of
circumstances beyond the control of the Grantee, but in no event beyond March 1, 2027.
4. Grantee certifies that the Project does and will continue to comply with all current laws and
regulations which apply to the Project identified in Exhibit A, including but not limited to
environmental laws, health and safety codes, and disabled access laws.
5. Projects must comply with any applicable laws pertaining to prevailing wage and labor
compliance.
6. Prior to the commencement of any work, Grantee agrees to submit in writing to the State
for prior approval any deviation from the original Project Scope per Exhibit A and the
Application. Changes in Project Scope must continue to meet the need cited in the original
Application or they will not be approved. Any modification or alteration in the Project as set
forth in the Application on file with the State must be submitted to the State for approval.
Any modification or alteration in the Project must also comply with all current laws and
regulations, including, but not limited to, CEQA.
7. If a nonprofit organization, Grantee certifies the corporation is qualified under Section
501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of
State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the
Grantee to remain in compliance with these nonprofit requirements may be cause for
suspension of all obligations of the State hereunder and termination of this Agreement.
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C. Project Costs
1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement will
be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in
any event the amount set forth on the signature page of this Agreement:
a. Approved direct costs attributed to the Project. Up to ten percent (10%) of the
reimbursement amount will be held back and issued as a final payment upon
completion of the Project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the
actual Project cost, whichever is less, upon completion of the Project, receipt of a
detailed summary of Project costs from the Grantee found to be satisfactory by the
State and the satisfactory completion of a site inspection by the State.
c. Advance payments may be made at the discretion of the State.
d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this
Agreement solely for the Project herein described.
e. Overhead costs are generally limited to a maximum of 15% of total direct costs.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.
This form must be accompanied by an itemized list of all expenditures that clearly
documents the check numbers, dates, recipients, line-item description as described in
the Project budget approved by the State and amounts. Each payment request must
also include proof of payment such as receipts, paid invoices, canceled checks, or
other forms of documentation demonstrating payment has been made.
b. Any payment request that is submitted without the required itemization and
documentation will not be authorized. If the payment request package is incomplete,
inadequate, or inaccurate, the State will inform the Grantee and hold the payment
request until all required information is received or corrected. Any penalties imposed
on the Grantee by a contractor, or other consequence, because of delays in payment
will be paid by the Grantee and is not reimbursable under this Agreement.
3. Grant funds in this award have a limited period in which they must be expended. Grantee
expenditures funded by the State must occur within the time frame of the Project
Performance Period as indicated in this Agreement.
4. The State reserves the right to request reimbursement of any funds spent on the Project,
even funds deemed eligible costs, if the Project is not completed in accordance with the
Grant Agreement and the guidelines.
5. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner
described in the Exhibit A approved by the State. The total dollars of a category in the
Project budget may be increased by up to ten percent (10%) through a reallocation of
funds from another category, without approval by the State. However, the Grantee shall
notify the State in writing when any such reallocation is made and shall identify both the
item(s) being increased and those being decreased. Any cumulative increase or decrease
of more than ten percent (10%) from the original budget in the amount of a category must
be approved by the State. In any event, the total amount of the Grant Funds may not be
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increased, nor may any adjustments exceed the limits for management costs as described
in the Application Guidelines.
D. Project Administration
1. Grantee shall promptly provide project reports and/or photographs upon request by the
State. In any event Grantee shall provide the State a report showing total final Project
expenditures with the final payment request and required closing documents.
2. Grantee is encouraged to share photographs and other media demonstrating the benefits
of the Grant with the State. Unless the Grantee states otherwise, the State will assume it is
permissible to use photographs and other media (including photographs of children and
other vulnerable populations) shared by Grantee with the State for publicity and education
by the State. The Grantee shall consider issues of copyright, consent, and privacy before
sharing media with the State.
3. Grantee shall use any income earned by the Grantee from the use of the Project to further
Project purposes, or, if approved by the State, for related purposes within the jurisdiction.
4. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interest-
bearing account, setting up and identifying such account prior to the advance. Interest
earned on Grant Funds shall be used on the Project, as approved by the State. Any
overpayment of Grant Funds in excess of final Project costs shall be returned to the State
within sixty (60) days of completion of the Project or the end of the Project performance
period as shown on the signature page, whichever is earlier.
5. Grantee shall submit all documentation for Project completion, including a notice of
completion as applicable and final reimbursement within ninety (90) days of Project
completion, but in no event any later than March 1, 2027.
6. Final payment is contingent upon State verification that the Project is consistent with the
Project scope as described in Exhibit A, together with any State-approved amendments.
7. This Agreement may be amended by mutual agreement in writing between the Grantee
and the State. Any request by the Grantee for amendments must be in writing stating the
amendment request and reason for the request. The Grantee shall make requests in a timely
manner, preferably no less than sixty (60) days before the effective date of the proposed
amendment.
8. Grantee must report to the State all sources of other funds for the Project.
E. Project Termination
1. Prior to the completion of the Project, either party may terminate this Agreement by
providing the other party with thirty (30) days’ written notice of such termination. The State
may also terminate this Grant Agreement for any reason at any time if it learns of or
otherwise discovers that there is a violation of any state or federal law or policy by the
Grantee which affects performance of this, or any other grant agreement or contract
entered into with the State.
2. If the State terminates without cause the Agreement prior to the end of the Project
Performance Period, the Grantee shall take all reasonable measures to prevent further costs
to the State under this Agreement. The State shall be responsible for any reasonable and
non-cancelable obligations incurred by the Grantee in the performance of the Agreement
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prior to the date of the notice to terminate, but only up to the undisbursed balance of
funding authorized in this Agreement.
3. If the Grantee fails to complete the Project in accordance with this Agreement or fails to
fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall
be liable for immediate repayment to the State of all amounts disbursed by the State under
this Agreement, plus accrued interest and any further costs related to the Project. The State
may, at its sole discretion, consider extenuating circumstances and not require repayment
for work partially completed provided that the State determines it is in the State’s best
interest to do so. This paragraph shall not be deemed to limit any other remedies available
to the State for breach of this Agreement.
4. Failure by the Grantee to comply with the terms of this Agreement or any other agreement
under the Act may be cause for suspension of all obligations of the State hereunder.
5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for
suspending all obligations of the State hereunder if, in the judgment of the State, such failure
was due to no fault of the Grantee. At the discretion of the State, any amount required to
settle at minimum cost any irrevocable obligations properly incurred shall be eligible for
reimbursement under this Agreement.
6. Because the benefit to be derived by the State, from the full compliance by the Grantee
with the terms of this Agreement, is the for the purposes as stated in the Application for the
people of the State of California, and because such benefit exceeds to an immeasurable
and unascertainable extent the amount of money furnished by the State by way of Grant
Funds under the provisions of this Agreement, the Grantee agrees that payment by the
Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under
this Agreement by the State would be inadequate compensation to the State for any
breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the
appropriate remedy in the event of a breach by the Grantee of this Agreement shall be
the specific performance of this Agreement, unless otherwise agreed to by the State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against the State, including the right to
contribution for loss or damage to persons or property arising from, growing out of, or in any
way connected with or incident to this Agreement, except claims arising from the gross
negligence of State, its officers, agents, and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees
in perpetuity against any and all claims, demands, damages, costs, expenses or liability
costs arising out of the Project, including development, construction, operation or
maintenance of the property described in the Project description which claims, demands
or causes of action arise under Government Code Section 895.2 or otherwise, including but
not limited to items to which the Grantee has certified, except for liability arising out of the
gross negligence of State, its officers, agents or employees. Grantee acknowledges that it
is solely responsible for compliance with items to which it has certified.
3. Grantee and State agree that in the event of judgment entered against the State and the
Grantee because of the gross negligence of the State and the Grantee, their officers,
agents, or employees, an apportionment of liability to pay such judgment shall be made
by a court of competent jurisdiction. Neither party shall request a jury apportionment.
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G. Insurance
1. Throughout the term of this Agreement, the Grantee shall procure and maintain insurance,
as specified in this section, against claims for injuries to persons or damage to property that
may arise from or in connection with any activities by the Grantee or its agents,
representatives, employees, volunteers, or contractors associated with the Project
undertaken pursuant to this Agreement. As an alternative, with the written approval of the
State, the Grantee may satisfy the coverage required by this section in whole or in part
through: a) its contractors’ procurement and maintenance of insurance for work under this
agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b)
the Grantee’s participation in a “risk management” plan, self-insurance program or
insurance pooling arrangement, or any combination of these, if consistent with the
coverage required by this section. The Grantee shall maintain property insurance, if required
below, throughout the term of this Agreement. Any required errors or omissions liability
insurance shall be maintained from the effective date through two calendar years after the
completion date. The Grantee shall maintain all other required insurance from the effective
date through the completion date.
2. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office (“ISO”) Commercial General Liability coverage occurrence
basis (Form CG 00 01 or comparable).
b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (covering owned,
hired and no-owned autos). If the Project will utilize multiple-passenger commercial
vehicles, such as bus or van (i.e., common carrier vehicle(s)): coverage consistent with
California Public Utilities Commission General Orders 101E, 115F and 160A and minimum
limits below.
c. Workers Compensation and Employer’s Liability. Grantee shall maintain statutory
worker’s compensation for all its employees who will be engaged in the performance
of this Grant and employer’s liability coverage with limits of $1,000,000. If applicable,
Grantee shall provide a Maritime Coverage Endorsement as well as any other
endorsements required by federal and state law or regulations. By signing this
Agreement, Grantee acknowledges compliance with these regulations.
d. Watercraft Liability. If the Project will utilize any other watercraft, endorsement to
Commercial General Liability policy or Protection and Indemnity Insurance. Such
insurance shall cover liability arising out of the maintenance and use of any watercraft
covering owned, hired, and non-owned vessels.
e. Vessel Damage or Destruction Insurance. Grantee shall maintain insurance to cover
damage or destruction of watercraft or vessel(s) acquired under this Grant.
3. Minimum Limits of Insurance. The Grantee shall maintain coverage limits no less than:
a. General Liability (Including operations, products and completed operations, as
applicable): $1,000,000 per occurrence for bodily injury, personal injury, and property
damage. If Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the
activities under this agreement or the general aggregate limit shall be twice the
required occurrence limit.
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b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. If
the Project will utilize multiple-passenger commercial transportation vehicles, such as
bus or van (i.e., common carrier vehicle(s)): $5,000,000 per vehicle or such lower limits
as are allowed by the applicable CPUC General Order.
c. Worker’s Compensation: As required by law with Employer’s Liability of no less than
$1,000,000.
d. Watercraft Liability (for private vessel) Coverage, if required in 2.d., above. In the
following amounts:
i. Vessels under 30 ft.: $1,000,000 combined single limit.
ii. Vessels over 30 ft. or vessel involved in research: $2,000,000 combined single limit.
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the State.
5. Required Provisions Concerning the State.
a. Each insurance policy required by this section shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty days’ prior written notice by
first class mail has been given to the State or in the event of cancellation of coverage
due to nonpayment, after ten days prior written notice to the State. The Grantee shall
notify the State within two days of receipt of notice that any required insurance policy
will lapse or be cancelled. At least ten days before an insurance policy held by the
Grantee lapses or is cancelled, the Grantee shall provide the State with evidence of
renewal or replacement of the policy.
b. The Grantee hereby grants to the State, its officers, agents, employees, and volunteers,
a waiver of any right to subrogation which any insurer of the Grantee may acquire
against the State, its officers, agents, employees, and volunteers, by virtue of the
payment of any loss under such insurance. Grantee agrees to obtain any
endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not the Grantee has received a waiver of
subrogation endorsement from the insurer.
c. The general liability and automobile liability policies are to contain, or to be endorsed
to contain, the following provisions:
i. The State, its officers, agents, and employees are to be covered as additional
insureds with respect to liability arising out of automobiles owned, leased, hired, or
borrowed by or on behalf of the Grantee and with respect to liability arising out of
work or operations, including completed operations performed by or on behalf of
the Grantee, including materials, parts or equipment furnished in connection with
such work or operations.
ii. For any claims related to this Agreement, the Grantee’s insurance coverage shall
be primary insurance with respect to the State, its officers, agents, and employees,
and not excess to any insurance or self-insurance of the State.
iii. The limits of the additional insured coverage shall equal the limits of the named
insured coverage regardless of whether the limits of the named insurance
coverage exceed those limits required by this Agreement.
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d. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
6. Acceptability of Insurers. Insurance shall be placed with insurers approved to transact
business in the State of California and having a current Best’s rating of “B+:VII” or better or,
in the alternative, acceptable to the State.
7. Verification of Coverage. Upon request, Grantee shall furnish the State with original
certificates and amendatory endorsements, including the required loss payee and
additional insured endorsements, effecting coverage required for adding the State as
additional insureds. If common carrier vehicle or commercial or private vessel insurance is
required, then in addition, the Grantee shall provide proof of compliance with the common
carrier vehicle and/or vessel insurance requirements of this section and the applicable
California Public Utilities Commission General Order. The State reserves the right to require
complete, certified copies of all required insurance policies, including endorsements
affecting the coverage, at any time.
8. Contractors. The Grantee shall include all contractors as insureds under its policies or shall
require each contractor to provide and maintain coverage consistent with the
requirements of this section. To the extent generally available, Grantee shall also require
each professional contractor to provide and maintain errors and omissions liability insurance
appropriate to the contractor’s profession and in an amount no less than $1,000,000 is
required in light of the nature of the Project.
9. Premiums and Assessments. The State is not responsible for premiums and assessments on
any insurance policy.
H. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents, and records for the
Project and to make them available to the State for auditing at reasonable times. Grantee
shall also retain such financial accounts, documents, and records for three (3) years after
final payment and one (1) year following an audit.
2. Grantee agrees that during regular office hours, the State and its duly authorized
representatives shall have the right to inspect and make copies of any books, records or
reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee
shall maintain and make available for inspection by the State accurate records of all of its
costs, disbursements, and receipts with respect to its activities under this Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise
agreed to by the State.
I. Nondiscrimination
1. During the performance of this Grant, Grantee and its subcontractors shall not unlawfully
discriminate, harass or allow harassment, against any person because of sex, sexual
orientation, race, color, religious creed, marital status, denial of family and medical care
leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age
(40 and above), disability (mental and physical) including HIV and AIDS, denial of
pregnancy disability leave or reasonable accommodation. Grantee and subcontractors
shall ensure that the evaluation and treatment of all persons, and particularly their
employees and applicants for employment are free from such discrimination and
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harassment. Grantee and its subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations
promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations
of the Fair Employment and Housing Commission implementing Government Code, §12990
(a)–(f), are incorporated into this Grant by reference and made a part hereof as if set forth
in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination
and compliance provisions of this clause in all subcontracts to perform work under the
Grant.
2. The Grantee shall not discriminate against any person on the basis of residence except to
the extent that reasonable difference in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. The completed Project shall be available to members of the public generally.
J. Drug-Free Workplace
The Grantee’s signature on this Agreement constitutes the certification required by Government
Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees
provide a drug-free workplace by doing all of the following:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited in the person’s or
organization’s workplace and specifying actions that will be taken against employees for
violations of the prohibition.
2. Establishing a drug-free awareness program to inform employees about all of the following
a. The dangers of drug abuse in the workplace.
b. The person’s or organization’s policy of maintaining a drug-free workplace.
c. Any available drug counseling, rehabilitation, and employee assistance programs.
d. The penalties that may be imposed upon employees for drug abuse violations.
3. Requiring that each employee engaged in the performance of the Grant be given a copy
of the drug-free workplace statement and that, as a condition of employment on the
Grant, the employee agrees to abide by the terms of the statement.
K. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the
Application approved in writing by the State are hereby incorporated by reference into this
Agreement as though set forth in full in this Agreement.
L. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not
affect other provisions or applications of this Agreement which can be given effect without the
invalid provision or application, and to this end the provisions of this Agreement are severable.
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M. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused
by either party, unless such waiver or consent is in writing and signed on behalf of the party
against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by
either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any
other, different, or subsequent breach by either party.
N Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either
in whole or in part.
O. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State
arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve
the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this
level, the Grantee shall follow the following procedures:
1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee
shall submit, in writing, a grievance report together with any evidence to the Deputy
Assistant Secretary for Bonds and Grants for the California Natural Resources Agency. The
grievance report must state the issues in the dispute, the legal authority, or other basis for
the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of
the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a
determination on the issue(s) and shall respond in writing to the Grantee indicating the
decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant
Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration
and Finance for the Natural Resources Agency.
2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the
Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an
attachment, copies of the Grantee’s original grievance report, evidence originally
submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of
appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant
Secretary’s written decision. The Assistant Secretary or designee shall, within twenty (20)
working days of receipt of Grantee’s letter of appeal, review the issues raised and shall
render a written decision to the Grantee. The decision of the Assistant Secretary or designee
shall be final.
P. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the
final payment of Grant Funds. The audit shall include all books, papers, accounts, documents,
or other records of the Grantee, as they relate to the project for which the Grant Funds were
granted.
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State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Capital Outlay Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS where
PROJECT is located (including zip code)
(Use latitude and longitude if there is no street address)
LAND TENURE ( all that apply)
Owned in fee simple by APPLICANT
Available (or will be available) under
a _________year lease or easement
NEAREST CROSS STREET(S)
COUNTY OF PROJECT LOCATION
APPLICANT NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________
Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE)
___________________________________________________________________________________
Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the
requested GRANT to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare
under penalty of perjury, under the laws of the State of California, that the information contained in this
APPLICATION PACKET, including required attachments, is accurate.
____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date
Print Name
Title
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The following section contains a sample CONTRACT and CONTRACT provisions.
State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Grant Contract
Specified Grants
GRANTEE: Grantee
GRANT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027
CONTRACT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027
The GRANTEE agrees to the terms and conditions of this Contract, and the State of
California, acting through its Director of Parks and Recreation, pursuant to the State of
California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the
PROJECT SCOPE /Cost Estimate Form of the application(s) filed with the State of
California.
Total State grant amount not to exceed $ Grant amount
The General and Special Provisions attached are made a part of and incorporated
into the Contract.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By______________________________________
Date____________________________________
_______________________________________________
GRANTEE
By _________________________________________
(Typed or printed name of Authorized
Representative)
________________________________________
(Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR
T.B.A. NO.B.R. NO.INDEX PCA OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
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I. RECITALS
This AGREEMENT is entered into between the California Department of Parks and Recreation
(hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [Name of grantee]
(hereinafter referred to as “grantee”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to
exceed $[grant amount], subject to the terms and conditions of this AGREEMENT and the [2023-
2024 California State Budget, AB 102, Chapter 38, Statutes of 2023] (appropriation chapter and
budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for
completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 2023 to June 30, 2027.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “APPLICATION” means the individual project APPLICATION packet for a project
pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.
2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this
CONTRACT is in effect.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and
Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not
limited to, construction, expansion, and/or renovation, of permanent or fixed features of the
property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this
AGREEMENT.
6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible
costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in
the fully executed CONTRACT.
7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other
property acquired or developed with GRANT monies.
8. The term “PROJECT SCOPE” means the items listed in the PROJECT SCOPE/Cost Estimate
Form found in each of the APPLICATIONS submitted pursuant to this grant.
9. The term “PROCEDURAL GUIDE” means the document identified as the “2023-243 Procedural
Guide for Specified Grants.” The PROCEDURAL GUIDE provides the procedures and policies
controlling the administration of the grant.
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B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a
sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration
of, and on condition that, the sum be expended in carrying out the purposes as set forth in the
scope described in the enabling legislation and referenced in the APPLICATION, Section I of
this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE(S).
During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any
proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for
prior approval. This applies to any and all proposed changes that will occur after STATE has
approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in
writing by the STATE.
2.The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the
Performance Period set forth in Section I of this CONTRACT, and under the terms and
conditions of this contract.
3.The GRANTEE shall comply with the California Environmental Quality Act (Public Resources
Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4.The GRANTEE shall comply with all applicable current laws and regulations affecting
DEVELOPMENT projects, including, but not limited to, legal requirements for construction
contracts, building codes, health and safety codes, and laws and codes pertaining to individuals
with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42
U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.)
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set
forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and
guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are ADVANCED for projects, the ADVANCED funds will be deposited into
a federally insured account that provides the ability to track interest earned and withdrawals.
Interest earned on the ADVANCED funds shall be used on the project as approved by the
STATE. If grant monies are ADVANCED and not expended, the unused portion of the grant
and any interest earned shall be returned to the STATE within 60 days after project
completion or end of the grant performance period, whichever is earlier.
2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project
status reports within 30 calendar days after the STATE has made a specific request. All such
project status reports shall be signed and certified as complete and accurate by the authorized
representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report
showing total final project expenditures within 60 days of project completion or the end of the
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GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE
PERIOD is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this
contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that
have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of
the project. The commencement of the project means the date of the letter notifying GRANTEE
of the award or when the funds are appropriated, whichever is later. After project
commencement, this contract may be rescinded, modified or amended only by mutual
CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this
contract provide that mutual CONTRACT is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any
legislation applicable to the ACT, (c) this CONTRACT or any other grant contracts, specified or
general, that GRANTEE has entered into with STATE or any other department, agency,
commission or other subdivision of California State government, may be cause for suspension
of all obligations of the STATE unless the STATE determines that such failure was due to no
fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs
properly incurred in performance of this CONTRACT despite non-performance of the
GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the
best of its ability.
4. Any breach of any term, provision, obligation, or requirement of this CONTRACT by the
GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE,
STATE shall be entitled to all remedies available under law and equity, including but not limited
to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the
fair market value of the project property or the actual sales price, whichever is higher; and d)
Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited
to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT,
final payment may not be made until the work described in the GRANT SCOPE is complete and
the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program,
the STATE shall have the option to either cancel this contract with no liability occurring to the
STATE or offer a contract amendment to GRANTEE to reflect the reduced grant amount. This
Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2 of
this CONTRACT.
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G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected with or incident to this CONTRACT except claims arising from the concurrent or sole
negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and
employees against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of
the property described as the project which claims, demands or causes of action arise under
California Government Code Section 895.2 or otherwise except for liability arising out of the
concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the
provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the
STATE of such fact and shall represent the STATE in the legal action unless the STATE
undertakes to represent itself as codefendant in such legal action in which event the GRANTEE
agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE
and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE,
their officers, agents, or employees, an apportionment of liability to pay such judgment shall be
made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and
employees against any and all claims, demands, costs, expenses or liability costs arising out of
legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE
acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan
documents, and all other records for the project and shall make them available to the STATE for
auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts,
documents and records for five years following project termination or final payment.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which
fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost
of the project in connection with such assistance that is given or used, (c) the amount, source
and nature of that portion of the project cost supplied by other sources, and (d) any other such
records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any
books, records or reports pertaining to this contract or matters related thereto during regular
office hours. The GRANTEE shall maintain and make available for inspection by the STATE
accurate records of all of its costs, disbursements and receipts with respect to its activities under
this contract, and shall provide copies of all such records to STATE in its certified status reports
upon request by the STATE. Such accounts, documents, and records shall be retained by the
GRANTEE for at least five years following final payment.
4. The GRANTEE shall use a generally accepted accounting system.
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I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of
the property acquired or developed with the GRANT MONIES, for the duration of the
CONTRACT PERFORMANCE PERIOD.
2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the
GRANTEE shall use the property acquired or developed with grant funds under this contract
only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or
other disposition or change of the control or use of the property or of any interest in the
property to one not consistent with the grant purpose shall be permitted except as authorized
by the DEPARTMENT and the property shall be replaced with property of equivalent value
and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred or assigned to another entity only if
the successor entity assumes the obligations imposed under this contract and only with the
prior approval of STATE.
4. Any real Property (including any portion of it or any interest in it, including any leases) may
not be used as security or collateral for any debt, loan or mitigation, without the prior written
approval of the STATE, provided that such approval shall not be unreasonably withheld as
long as the purposes for which the grant was awarded are maintained. Any such permission
that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation,
nor does it waive STATE’s rights to enforce performance under the CONTRACT.
5. All real property (including any portion or interest in it, including any leases), or rights thereto,
acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title,
rights, or covenants approved by the STATE. If the project property is taken by use of
eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount
of grant monies received from STATE or the pro-rated full market value of the real property,
including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify
STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status in the administration and in the use of any
property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to
the extent that reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the
special provisions of this project contract or under provisions of the enabling legislation and/or
grant program.
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K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall
not affect other provisions or applications of the CONTRACT which can be given effect without
the invalid provision or application, and to this end the provisions of this CONTRACT are
severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site
improvements or programs related to the GRANT SCOPE. The STATE’S rights under this
CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of
implementation shall not give rise to any warranty or representation that the GRANT SCOPE
and any plans or improvements are free from hazards or defects.
2. GRANTEE shall ensure that any contractor hired has adequate liability insurance,
performance bond, or other security necessary to protect the GRANTEE interest and the
STATE’s interest against poor workmanship, fraud, or other potential loss associated with the
completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion
of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or
transferable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of
making any leverage loan, pledge, promissory note or similar financial device or transaction,
without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created
by any such leverage loan, pledge, promissory note or similar financial device or transaction in
the project property shall be completely subordinated to this CONTRACT through a
Subordination Agreement provided and approved by the STATE, signed by all parties involved
in the transaction, and recorded in the County Records against the fee title of the project
property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only
for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed
in any manner to modify, explain, or restrict any of the provisions of this CONTRACT
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or
default, shall not be construed as a waiver of said rights; and the waiver of any breach or default
under this CONTRACT shall not be construed as a waiver of any subsequent breach.
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III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding
Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions”
refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine,
as well as any sanctions imposed under state law. The EO directs state agencies to terminate
contracts with, and to refrain from entering any new contracts with, individuals or entities that are
determined to be a target of Economic Sanctions. This Executive order extends to recipients of
any State Grants (Grantee). Grantees include those who have contracted or will contract to
receive State grants funds. Accordingly, should the State determine that a Grantee is a target of
Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or
entities, that shall be grounds for termination of this agreement. The State shall provide the
Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar
days to provide a written response. Termination of any contract found to be in violation of this
Executive Order shall be at the sole discretion of the State.
_____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
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ORGANIZATION:
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reflect my name as written above.
Signature
This document is a public record subject to disclosure under the Public Records Act.