HomeMy WebLinkAboutRFP-2025-ASSESSMENT ENGINEER (signed)
DEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR
CALIFORNIA
REQUEST FOR PROPOSALS
FOR
Landscape Assessment District
Engineering Services
FEBRUARY 2025
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CITY OF DIAMOND BAR
REQUEST FOR PROPOSALS (RFP)
Date: February 6, 2025
Department: Public Works
Project Type: Landscape Assessment District Engineering Services
Proposals Due: February 27, 2025 at 2:00 P.M.
Project Contact: Nicholas Delgado, Management Analyst
(909) 839-7088 / NDelgado@DiamondBarCA.gov
INTRODUCTION
Incorporated on April 18, 1989, the City of Diamond Bar (“City”) sets against a scenic
mountain backdrop on more than 8,000 acres (12.5 sq. miles) of rolling hills and valleys
in the East San Gabriel Valley region.
Among the amenities that contribute to the high quality of life that is valued by residents
are the family-friendly atmosphere; the well-maintained parks, trails and roads; top-rated
school Districts; and the unparalleled public safety services which contr ibute to keeping
Diamond Bar among the safest communities in the region for the past 30 years.
BACKGROUND
The City of Diamond Bar, as authorized by the City Council, levies annual assessments
for all eligible parcels for the maintenance and improvements of the three (3) separate
Landscape Assessment Districts (Nos. 38, 39-2022, and 41-2021).
LLAD No. 38 is a citywide district, and assessment funding provides for the maintenance
and improvements of the medians and parkways along select arterial roadways. The
annual expenses to provide these services generally exceed the revenue, and the City’s
general fund subsidizes the cost difference. LLAD Nos. 39-2022 and 41-2021 are districts
in residential neighborhoods, and both were recently reformed (as approved by the
property owners) with the intention of operating on self-sustainable funding. Annual
services are programmed based on the anticipated assessment revenues; the City does
not intend to subsidize service expenses for these districts.
The Assessment Engineer (“Consultant”) is expected to provide the mini mum required
services, further described in this RFP, to update the annual assessments for all LLADs
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in compliance with the provisions of the Landscape and Lighting Act of 1972, Proposition
218, Diamond Bar City Code, and all other applicable laws and regulations.
TO INTERESTED FIRMS
The City of Diamond Bar is inviting qualified firms to submit proposals for Landscape
Assessment District Engineering Services for a period of three (3) years, commencing on
April 1, 2025 with the option – at the City’s sole discretion – to extend an additional two
(2) years upon successful demonstration of contract performance.
This contract will be administered by the City’s Public Works Department.
SCOPE OF SERVICES
The annual scope of services includes, but is not limited to the following tasks:
1. Consultation with City staff to discuss scope, objectives, and deadlines;
2. Review existing methodology for assessment processes;
3. Confirmation of total number of assessable parcels;
4. Provide levy calculations for each tax year;
5. Preparation of Engineer’s Reports (draft/final);
6. Preparation of City Council Resolutions;
7. Preparation of staff reports, presentations, and other documents;
8. Participation in meetings and public hearings;
9. Response to public inquiries and appeals; and,
10. Submit City Council approved Assessment Rolls in the required format to the
County of Los Angeles and provide confirmation to the City.
Note that this scope is applicable to the separate processes for each of the three (3)
existing Landscape Assessment Districts (LLADs Nos. 38, 39 -2022, and 41-2021) and
any future districts, as appropriate.
The awarded Consultant’s must coordinate with the City to ensure that all invoices are
issued in a timely manner (to comply with fiscal year deadlines) and are properly tracked
for the work on each separate district.
PROPOSAL CONTENT AND FORMAT
1. PROJECT TEAM: Please provide an organizational chart indicating principles and
key project team members. Also, provide resumes of the key personnel involved
with this contract including personnel from sub-consultants (if any). Identify the
experience of the personnel assigned and briefly outline the responsibilities of
each member. If any changes in personnel occur during the contract period , the
consultant shall notify the City and furnish the same required information.
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2. FIRM’S EXPERIENCE/REFERENCES: List a maximum of five (5) public agencies
where similar services are being provided. Provide the following information:
agency name, project manager's name, and services provided.
3. PROJECT UNDERSTANDING: Describe the approach and methods that will be
used to complete work described in the scope of services. Provide enough detail
to distinguish the various work required for each task. Also, identify any potential
concerns or problems that your firm anticipates during the term of this contract.
4. SCHEDULE: Provide a proposed schedule to accomplish all of the required tasks.
Be sure to include time for City review/approval milestones and council meetings.
5. FEE PROPOSAL: Provide an annual “not-to-exceed” for each year to provide the
required scope of services, and and state the assumptions whch the estimates are
based. Also, provide the hourly rates of all personnel assigned to the contract.
These rates may be used to negotiate may work the City may request.
Rate increase shall be kept the same for the first three (3) years of the contract
and rate increase will be only considered in the year four (4) and year five (5), if an
extension is awarded.
6. AGREEMENT: Attachment A is a copy of the City’s Consultant Services
Agreement. A statement must be made in the proposal that all terms and
conditions are acceptable. No exceptions to this agreement are allowed.
GENERAL TERMS AND CONDITIONS
1. Issuance of this Request for Proposals (RFP) and receipt of proposals does not
commit the City to award an agreement. The City expressly reserves the right to
postpone the bid opening date for its own convenience, to accept or reject any or
all bids received in response to this RFP, to negotiate with more than one vendor
concurrently, or to cancel all or part of this RFP.
2. The City reserves the right to reduce or revise elements of the scope of work prior
to the award of any agreement. Furthermore, the City reserves the right to reject
any or all proposals submitted; and no representation is made hereby that any
agreement will be awarded pursuant to this Request for Proposals, or otherwise.
All costs incurred in the preparation of the proposal, in the submission of additional
information and/or in any other aspect of a proposal prior to the award of a written
agreement will be borne by the bidder.
3. Proposals shall be submitted on the forms supplied by the City of Diamond Bar
and contained herein.
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4. All proposals, bids, and quotes must be typewritten or written in ink. No erasures
will be permitted. Mistakes may be crossed out and corrections made adjacent.
Corrections must be initialed by the person signing the bid.
5. Proposals submitted may be withdrawn by written or email request received by the
City before the hour set for opening. After such hour, it may not be withdrawn.
6. The City reserves the right to reject any or all propsals and to waive any informality
or technical defect in a proposal.
7. All proposal must be signed by a responsible officer or authorized employee of the
firm, giving the firm’s name and address. Obligations assumed by such signature
must be fulfilled.
8. Submissions of a signed bid will be interpreted to mean that the bidder has thereby
agreed to all of the terms and conditions set forth in the bid package.
9. CONTRACT PERIOD: The term of the contract will be three (3) years with the
option of an additional 2-year extension upon performance. At the end of the three
(3) year period, firm performance will be reviewed and City will decide to extend
the professional service agreement.
10. INVITATION FOR INTERVIEW (OPTIONAL): Firm(s) selected for further
consideration for all or parts of the tasks in the scope of work may be contacted to
arrange for an interview with City Staff via a virtual meeting platform. Should a firm
be asked to participate in the interview, principal and personnel assigned to the
City should be available to discuss the following:
• Major elements of the proposal; and be prepared to answer any questions
raised to clarify in detail, and
• Satisfactory performance on similar past/current work and description of
previously/current related experience for assigned personnel.
11. SELECTION PROCEDURE: Criteria for evaluation of proposals may include, but
need not be limited to, the following:
• Responsiveness and comprehensiveness of proposal.
• Firm’s and assigned personnels’ experience with the City of Diamond Bar
and other public agencies.
• Quality of previous work performed by the firm.
• Resources and fee required to perform the requested services.
• The firm’s comments on the consulting services agreement.
• References.
12. RIGHT TO REJECT ALL PROPOSALS: The City reserves the right to reduce or
revise elements of the scope of work prior to the award of a contract. Furthermore,
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the City reserves the right to reject any proposal and may elect to make a decision
without further discussion or negotiation. This solicitation is not to be construed as
a contract of any kind. The City is not liable for any costs or expenses incurred in
the preparation of the proposals. The right to issue supplementary information or
guidelines relating to this request is also reserved by the City. All proposals
submitted to the City in response to this RFP shall become property of the City.
13. FEE PROPOAL: A fee proposal shall be submitted separately, including a detailed
schedule with all proposed staff, the hours each person will devote to a given task,
and all reimbursable services to complete work described in the proposed Scope
of Service. The fee proposal(s) shall be uploaded on PlanetBids separately bearing
the name, address, and telephone number of the individual or entity submitting the
proposal.
14. INSURANCE: Proof of insurance requirements addressed in the professional
services agreement of this Request for Proposal shall be submitted by the selected
Consultant upon execution of the contract for submittal to the City Council.
The selected Consultant must submit a "Statement Certifying Insurance Coverage"
certifying that the required insurance coverage will be obtained by the Consultant,
and that the Consultant understands said coverage is prerequisite for entering into
an agreement with the City. The Consultant is required to confirm with its insurance
carrier that it can meet all the requirements for insurance. Failure to meet the
insurance regulations as set forth shall result in the Consultant's disqualification.
15. AGREEMENT: A copy of the City’s consultant services agreement can be found
as Attachment 1. A statement SHALL be made in the proposal that all terms and
conditions including insurance requirements are acceptable.
ATTACHMENTS SCHEDULE
• ATTACHMENT 1 Sample Contract Agreement
• ATTACHMENT 2 LLAD No. 38: FY2024/25 Package
• ATTACHMENT 3 LLAD No. 39-2022: FY2024/25 Package
• ATTACHMENT 4 LLAD No. 41-2021: FY2024/25 Package
RFP SCHEDULE
• February 6, 2025 Release of RFP
• February 27, 2025 Proposals Due to the City
• March 11-19, 2025 Invitation for Interview (Optional)
• April 1, 2025 Award of Contract
SUBMITTAL OF PROPOSALS
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An electronic copy of the proposal, in PDF format, shall be uploaded onto PlanetBids on
or before two o’clock (2:00) P.M. on February 27, 2025. Only electronic proposals will be
accepted. Use the link below to register: https://www.diamondbarca.gov/712/RFP-RFQ-BID-
Opportunities.
QUESTIONS
Any questions can be posted within the Q&A Section in PlanetBids. Please post all
questions no later than 4:00 P.M. on February 20, 2025.
Sincerely,
David G. Liu, P.E.
Director of Public Works/City Engineer
RMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 82,779$
om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$
eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $
en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$
mp Project (Const.)177,855$
nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $
250-5510-46412)
Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
Sign and HSL Replacement (Design)50,000$ 50,000$
Sign and HSL Replacement (Construction)350,000$ 350,000$
al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $
780,000$ 350,000$ 140,000$ 100,000$ 190,0 $
ments (250-5510-46413)
Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
60,000$ 60,000$
SD/Calbourne 40,000$ 40,000$
nfrastructure Improvements 100,000$ 60,000$ 40,000$
0-5510-46420)
Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$
ATTACHMENT 1
SAMPLE CONTRACT AGREEMENT
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1614063.1
CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of , 2025 by
and between the City of Diamond Bar, a municipal corporation ("City") and
___________, a [Insert the type of entity of the Consultant, e.g., Inc., a California
corporation; a California general partnership; a California limited liability
company; a sole proprietor; etc.] ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the [describe general type, i.e.,
architecture] services set forth in the attached Exhibit "A", which is incorporated herein
by this reference. As a material inducement to the City to enter into this Agreement,
Consultant represents and warrants that it has thoroughly investigated the work and
fully understands the difficulties and restrictions in performing the work. Consultant
represents that it is fully qualified to perform such consulting services by virtue of its
experience and the training, education and expertise of its principals and employees.
Nicholas Delgado, Management Analyst (herein referred to as the “City’s
Project Manager”), shall be the person to whom the Consultant will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereunder with the City’s Project Manager to the extent required by the City’s
Project Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect ___________, 2025,
and shall continue until unless earlier terminated pursuant to the provisions
herein.
[Optional Language for Extensions] The City Manager shall have the option
to extend this Agreement for [describe extension option, e.g., two (2) additional two
(2) year terms.], subject to the same terms and conditions contained herein, by giving
Consultant written notice of the exercise of this option at least thirty (30) days prior to
the expiration of the initial Term. In the event the City exercises its option to extend the
Term, Consultant's compensation shall be subject to an adjustment upon the effective
date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
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1614063.1
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed [Spell out dollar amount] ($ ) without the prior written
consent of the City. The above not to exceed amount shall include all costs, including,
but not limited to, all clerical, administrative, overhead, telephone, travel and all related
expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of
receipt, but may withhold 30% of any invoice until all work is completed, which sum
shall be paid within 35 days of completion of the work and receipt of all deliverables .
[Optional to include withhold-typically would if a deliverable was involved, such
as software or a report]
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time , if any, and
adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this
Agreement shall control. [If more than one exhibit, determine if one should control
over other, i.e. City's Request for Proposal, Consultant Proposal. Language
would be along the following lines: "In the event of any inconsistency between
this Agreement and the attached exhibits, the following order of precedence shall
apply: (a) This Agreement; (b) The City's Request for Proposal, dated _____; and
(c) Consultant's Proposal dated ______.]
7. Status as Independent Contractor.
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A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal, State agency, including the Public Employee Retirement
System, regarding the independent contractor status of Consultant and the audit in any
way fails to sustain the validity of a wholly independent contractor relationship between
City and Consultant, its employees or subconsultants, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shall, at Consultant’s sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant’s failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
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1614063.1
(1) Any and all claims under Worker’s Compensation acts and other employee
benefit acts with respect to Consultant’s employees or Consultant’s contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the Indemnitees. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third -party
indemnification rights of any kind; and
(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater;
[Note: Does not apply to a sole proprietor, i.e., a Consultant with no employees
but can leave in as it states "when required by law."] and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims’ made basis, Consultant agrees to keep such insurance in
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1614063.1
full force and effect for at least five years after termination or date of completion of this
Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only. [If Consultant's
work does not require Consultant to come onto City property except for perhaps
site visits and meetings, City can be flexible with insurance, including need to be
additional insureds and with cancellation provision in Section 10.C below. If
Consultant works off-site and simply delivers a report or product, insurance may
be waived altogether, except for Workers' Compensation]
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
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G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
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A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. [If it is important that a specific person perform
the work include the following] Except as otherwise authorized by the City's Project
Manager, [If applicable, name of designated person] shall be the person who
primarily performs the work provided under this Agreement. Except as provided in this
Agreement, Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right in its sole discretion to require Consultant to exclude any employee
from performing services on City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
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B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work within ________ (__) calendar days from
such date or as may otherwise be agreed to by and between the Project Manager and
the Consultant. [Optional to include time of completion, but if it is important for
City to have the work done within a specific time include.]
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Liquidated Damages. Consultant shall pay City, or have withheld from
monies due it, as liquidated damages, the sum of _______ Dollars ($___) per day for
each and every calendar day's delay in finishing the work within the time specified,
including any written extensions which may be granted, in writing, in accordance with
this Agreement. [Optional, include in situations in which untimely delivery of a
product or service would interfere with City's ability to serve its constituents or
cause project delay. Must have Sections 18 and 19 above to include.]
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
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23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
“CONSULTANT” “CITY”
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: _______________
Phone: Phone:
E-Mail: E-mail:
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28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant" "City"
[Insert Full Name of Consultant] CITY OF DIAMOND BAR
By: By:
Printed Name: Dan Fox, City Manager
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:
Omar Sandoval, City Attorney
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
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-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
ATTACHMENT 2
LLAD NO. 38: FY2024/25 PACKAGE
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CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of , 2025 by
and between the City of Diamond Bar, a municipal corporation ("City") and
___________, a [Insert the type of entity of the Consultant, e.g., Inc., a California
corporation; a California general partnership; a California limited liability
company; a sole proprietor; etc.] ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the [describe general type, i.e.,
architecture] services set forth in the attached Exhibit "A", which is incorporated herein
by this reference. As a material inducement to the City to enter into this Agreement,
Consultant represents and warrants that it has thoroughly investigated the work and
fully understands the difficulties and restrictions in performing the work. Consultant
represents that it is fully qualified to perform such consulting services by virtue of its
experience and the training, education and expertise of its principals and employees.
Nicholas Delgado, Management Analyst (herein referred to as the “City’s
Project Manager”), shall be the person to whom the Consultant will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereunder with the City’s Project Manager to the extent required by the City’s
Project Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect ___________, 2025,
and shall continue until unless earlier terminated pursuant to the provisions
herein.
[Optional Language for Extensions] The City Manager shall have the option
to extend this Agreement for [describe extension option, e.g., two (2) additional two
(2) year terms.], subject to the same terms and conditions contained herein, by giving
Consultant written notice of the exercise of this option at least thirty (30) days prior to
the expiration of the initial Term. In the event the City exercises its option to extend the
Term, Consultant's compensation shall be subject to an adjustment upon the effective
date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
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3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed [Spell out dollar amount] ($ ) without the prior written
consent of the City. The above not to exceed amount shall include all costs, including,
but not limited to, all clerical, administrative, overhead, telephone, travel and all related
expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent, and any extra work performed.
C. City will pay Consultant the amount properly invoiced within 35 days of
receipt, but may withhold 30% of any invoice until all work is completed, which sum
shall be paid within 35 days of completion of the work and receipt of all deliverables .
[Optional to include withhold-typically would if a deliverable was involved, such
as software or a report]
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time , if any, and
adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this
Agreement shall control. [If more than one exhibit, determine if one should control
over other, i.e. City's Request for Proposal, Consultant Proposal. Language
would be along the following lines: "In the event of any inconsistency between
this Agreement and the attached exhibits, the following order of precedence shall
apply: (a) This Agreement; (b) The City's Request for Proposal, dated _____; and
(c) Consultant's Proposal dated ______.]
7. Status as Independent Contractor.
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A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal, State agency, including the Public Employee Retirement
System, regarding the independent contractor status of Consultant and the audit in any
way fails to sustain the validity of a wholly independent contractor relationship between
City and Consultant, its employees or subconsultants, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shall, at Consultant’s sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to a business license with the City of Diamond.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant’s failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
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(1) Any and all claims under Worker’s Compensation acts and other employee
benefit acts with respect to Consultant’s employees or Consultant’s contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the Indemnitees. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third -party
indemnification rights of any kind; and
(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater;
[Note: Does not apply to a sole proprietor, i.e., a Consultant with no employees
but can leave in as it states "when required by law."] and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims’ made basis, Consultant agrees to keep such insurance in
5 Professional Services - Design
1614063.1
full force and effect for at least five years after termination or date of completion of this
Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only. [If Consultant's
work does not require Consultant to come onto City property except for perhaps
site visits and meetings, City can be flexible with insurance, including need to be
additional insureds and with cancellation provision in Section 10.C below. If
Consultant works off-site and simply delivers a report or product, insurance may
be waived altogether, except for Workers' Compensation]
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
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G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
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A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. [If it is important that a specific person perform
the work include the following] Except as otherwise authorized by the City's Project
Manager, [If applicable, name of designated person] shall be the person who
primarily performs the work provided under this Agreement. Except as provided in this
Agreement, Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right in its sole discretion to require Consultant to exclude any employee
from performing services on City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
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B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work within ________ (__) calendar days from
such date or as may otherwise be agreed to by and between the Project Manager and
the Consultant. [Optional to include time of completion, but if it is important for
City to have the work done within a specific time include.]
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Liquidated Damages. Consultant shall pay City, or have withheld from
monies due it, as liquidated damages, the sum of _______ Dollars ($___) per day for
each and every calendar day's delay in finishing the work within the time specified,
including any written extensions which may be granted, in writing, in accordance with
this Agreement. [Optional, include in situations in which untimely delivery of a
product or service would interfere with City's ability to serve its constituents or
cause project delay. Must have Sections 18 and 19 above to include.]
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
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23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
“CONSULTANT” “CITY”
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: _______________
Phone: Phone:
E-Mail: E-mail:
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28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant" "City"
[Insert Full Name of Consultant] CITY OF DIAMOND BAR
By: By:
Printed Name: Dan Fox, City Manager
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:
Omar Sandoval, City Attorney
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
11 Professional Services - Design
1614063.1
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
ATTACHMENT 3
LLAD NO. 39-2022: FY2024/25 PACKAGE
Fiscal Year 2024-25
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 39-2022
July 2024
Final Report
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the
California Constitution
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page i
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City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page ii
C ity of Diamond Bar
City Council
Stan Liu, Mayor
Chia Yu Teng, Mayor Pro Tem
Andrew Chou, Councilmember
Ruth M. Low, Councilmember
Steve Tye, Councilmember
City Staff
Dan Fox, City Manager
David Liu, Public Works Director / City Engineer
Hall Ghafari, Public Works Manager
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E., SCI Consulting Group
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page iii
(This Page Intentionally Left Blank)
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page iv
Table of Contents
Introduction .................................................................................................... 1
Overview ...................................................................................................................... 1
Engineer’s Report and Continuation of Assessments .................................................. 2
Legislative Analysis ....................................................................................................... 2
Plans & Specifications ..................................................................................... 5
Fiscal Year 2024-25 Estimate of Cost and Budget ............................................. 7
Budget for Fiscal Year 2024-25 ..................................................................................... 7
Method of Assessment Apportionment ........................................................... 9
Method of Apportionment ........................................................................................... 9
Discussion of Benefit .................................................................................................... 9
Special Benefit ............................................................................................................ 11
General Versus Special Benefit .................................................................................. 13
Benefit Finding ........................................................................................................... 14
Zones of Benefit ......................................................................................................... 17
Method of Apportionment ......................................................................................... 20
Residential Properties ................................................................................................ 20
Vacant/Undeveloped Properties ................................................................................ 20
Other Property Types ................................................................................................. 21
Annual Cost Indexing .................................................................................................. 22
Duration of Assessment ............................................................................................. 22
Appeals of Assessments Levied to Property .............................................................. 22
Assessment Funds Must Be Expended Within the District Area ................................ 23
Assessment ................................................................................................... 24
Assessment Diagram ..................................................................................... 26
Assessment Roll ............................................................................................ 28
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page v
List of Tables
Table 1: FY 2024-25 Estimate of Costs ................................................................................ 7
Table 2: Assessment Rate Determination ........................................................................... 8
Table 3: Relative Benefit Levels ........................................................................................ 13
Table 4: Zones of Benefit – Relative Levels ....................................................................... 18
Table 5: FY 2024-25 Summary Cost Estimate ................................................................... 24
City of Diamond Bar
Landscaping Assessment District No. 39
Engineer’s Report, Fiscal Year 2024-25
Page 1
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of
the City. In order to fund the maintenance and operation (“Services”) of these projects
and improvements, Landscaping Assessment District No. 39 was formed in 1985 by the
County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon
incorporation in 1989, the City assumed jurisdiction over the District. Since the passage
of Proposition 218, the assessments for this existing District cannot be increased beyond
the previously approved amount of $236.00 per parcel. This assessment amount does
not generate sufficient revenue to fund the District’s improvements and services, and the
annual shortfalls have been funded by the City’s General Fund.
In 2022, the City Council directed that a new assessment be proposed and voted on by
property owners within the District in accordance with Proposition 218 (Article XIIIC and
D or the California Constitution). Their intent was to replace the existing District No. 39
with a new District No. 39-2022 that would adhere to the existing boundary and include
the same improvements and services. These proposed assessments were supported by
52.03% of assessment ballots received from property owners (with each ballot weighted
by the amount of assessments it represented). Therefore, on March 15, 2022 by its
Resolution No. 2022-13, the City Council levied the new assessments for District No. 39-
2022.
This Engineer’s Report ("Report") was prepared to establish the budget for the
Improvements (as described below) that will be funded by the proposed assessments and
other revenue, and to determine the general and special benefits received from the
Improvements by property within the District and the method of assessment
apportionment to lots and parcels. This Report and the assessments have been made
pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code (the "Act") and Article XIIID of the California
Constitution (the “Article”).
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 2
Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2022, and
were intended to replace the original District No. 39 which was established in 1985. In
each subsequent year for which the assessments will be continued, the Diamond Bar City
Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and
proposed assessments for the upcoming fiscal year. After the report is completed, the
City Council may preliminarily approve the Engineer’s Report and the continued
assessments and establish the date for a public hearing on the continuation of the
assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant
to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District,
and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for July 16, 2024. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
Assessments for fiscal year 2024-25. If so confirmed and approved, the Assessments
would be submitted to the Los Angeles County Auditor/Controller for inclusion on the
property tax rolls for fiscal year 2024-25.
Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6,
1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218
provides for benefit assessments to be levied to fund the cost of providing services and
improvements, as well as maintenance and operation expenses to a public improvement
which benefits the assessed property.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 3
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found that:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden
Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 4
assessment for street and landscaping maintenance in the Greater Golden Hill
neighborhood of San Diego, California. The court described two primary reasons for its
decision. First, like in Beutz, the court found the general benefits associated with
services were not explicitly calculated, quantified and separated from the special
benefits. Second, the court found that the City had failed to record the basis for the
assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of
Article XIIIC and XIIID of the California Constitution because the Improvements to be
funded are clearly defined; the benefiting property in the District enjoys close and unique
proximity, access and views to the Improvements; the Improvements serve as an
extension of usable land area for benefiting properties in the District and such special
benefits provide a direct advantage to property in the District that is not enjoyed by the
public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because
the Improvements will directly benefit property in the District and the general benefits
have been explicitly calculated and quantified and excluded from the Assessments. The
Engineer’s Report is consistent with Bonander because the Assessments have been
apportioned based on the overall cost of the Improvements and Services proportional
special benefit to each property, rather than the proportional cost to the District to
provide the Improvements to specific properties.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 5
Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 39-2022, (“District”), and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in
the Method of Assessment herein. In addition to the definitions provided by the
Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are
generally described as mini-parks, slopes and open space areas within the District. The
Assessment Diagram shows the location and extent of the Improvements to be installed,
maintained or serviced by the proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis
courts, other recreational facilities, graffiti removal and repainting, and labor, materials,
supplies, utilities and equipment, as applicable, at each of the locations owned, operated
or maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage, lights, playground equipment,
play courts, playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements, or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 6
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 7
Fiscal Year 2024-25 Estimate of Cost and Budget
Budget for Fiscal Year 2024-25
The 1972 Act provides that the total costs for providing the maintenance and servicing of
the District Improvements and facilities can be recovered in the assessment spread
including incidental expenses. The latter can include engineering fees, legal fees, printing,
mailing, postage, publishing and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2024-25 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2024-25 Estimate of Costs
1. The Act requires that proceeds from the assessments must be deposited into a special fund that has
been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment
shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal
Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for
contingencies and special projects as well as a capital improvement fund for accumulating funds for larger
Expenditure Item Amount
Salaries & Benefits 36,334$
Operating Expenses
Advertising 3,500
Utilities 126,000
Maintenance of Grounds/Buildings 39,200
Professional Services 7,000
Contract Services
Trail & Landscape Maintenance 170,000
Tree Maintenance 32,000
Weed/Pest Abatement 58,000
Additional Enhancement and Improvement -
Estimated Expenditures 472,034$
Contingencies/Reserves 671,527
Total Budget 1,143,561$
Revenue Item Amount
Direct Benefit Assessments 665,215$
Carryover from Fund Balance 447,097
General Fund Contribution 6.62%31,249
Estimated Revenues 1 1,143,561$
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 8
capital improvement projects or capital renovation needs. Any remaining balance would either be placed in
the reserve fund or would be used to reduce future years' assessments.
Table 2 below shows how the assessment rates are determined including the estimated
number of single-family equivalents (“SFE”) and how the costs of improvements are
allocated to parcels in the various benefit zones as defined later in this Report.
Table 2: Assessment Rate Determination
1. The rate shown here is for a single-family home or its equivalent. For the definition of the term
SFE and rates for other types of property, see the section titled, “Method of Assessment
Apportionment” and the sections following it in this report.
Single-Family Equivalents Parcel SFE factor SFEs
Zone A 176 100.0%176.00
Zone B 971 97.5%946.73
Zone C 99 92.5%91.58
Total 1246 1,214.30
Budget Allocation to Parcels Amount
Total Assessment Revenue 665,215$
Total SFEs 1,214.30
Assessment per SFE 1 547.82$
Zone A Assessment Rate 547.82$
Zone B Assessment Rate 534.12$
Zone C Assessment Rate 506.73$
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 9
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the
Improvements and the methodology used to apportion the total assessment to properties
within the District.
The District consists of certain assessor parcels within the boundaries as defined by the
Assessment Diagram referenced in this report and the parcels identified by the Assessor
Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly
owned parcels as shown. The method used for apportioning the Assessment is based
upon the relative special benefits to be derived by the properties in the District over and
above general benefits conferred on real property or to the public at large. The
Assessment is apportioned to lots and parcels in proportion to the relative special benefit
from the Improvements. The apportionment of special benefit is a two-step process: the
first step is to identify the types of special benefit arising from the Improvements and the
second step is to allocate the Assessments to property based on the estimated relative
special benefit for each type of property.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property and that the value of
the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel."
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 10
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial, and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity and access to Improved Landscaped Areas and Other Public
Improvements within the District.
B. Improved Views within the District.
C. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
D. Safety and Security within the District
E. Creation of individual lots for residential use that, in absence of the Assessments,
would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
Proximity
Expanded or improved access
Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 11
Moreover, the Dahms decision further clarified that certain services and improvements
funded by assessments, that are over and above what otherwise would be provided and
that other property in general and the public do not share or receive are 100% special
benefit. The assessment-funded services upheld by Dahms included streetscape
maintenance and security services.
Special Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to Improved L andscaped A reas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that
are over and above what otherwise would be provided. Improvements that are over and
above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
Improved V iews within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 12
Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial, and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
Safety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private
improvements funded by the Assessments in the District, provides increased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical
fire suppression.
Creation of Individual Lots for Residential Use that, in Absence of the
Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for
improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided
and for development of the parcels to occur. As parcels were sold, new owners were
informed of the Assessments through the title reports, and in some cases, through
Department of Real Estate “White Paper” reports that the parcels were subject to
assessment. Purchase of property was also an “agreement” to pay the Assessment.
Therefore, in absence of the Assessments, the lots within most of the District would not
have been created. These parcels, and the improvements that were constructed on the
parcels, receive direct advantage and special benefit from the Assessments.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 13
Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises
100% of the benefit because the Improvements were incorporated into the original
planning and design of the subdivision, and thus were deemed to be necessary and
required for the development of the lot. Without those Improvements and associated
benefit, the lots would not have been created in the first place. Nevertheless, four other
definitive benefits accruing to the parcels within the District are identified, and an
allowance should be made within the overall relative importance of benefits. The relative
benefit level of the five identified benefits used in this Report is shown below.
Table 3: Relative Benefit Levels
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase
or impose a benefit assessment to “separate the general benefits from the special
benefits conferred on a parcel.” The rationale for separating special and general benefits
is to ensure that property owners subject to the benefit assessment are not paying for
general benefits. An assessment can fund special benefits but cannot fund general
benefits. Accordingly, a separate estimate of the special and general benefit is given in
this section.
In other words:
Total
Benefit =General
Benefit +Special
Benefit
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 14
There is no widely accepted or statutory formula for general benefit. General benefits
are benefits from improvements or services that are not special in nature, are not
“particular and distinct” and are not “over and above” benefits received by other
properties. SVTA vs. SCCOSA provides some clarification by indicating that general
benefits provide “an indirect, derivative advantage” and are not necessarily proximate to
the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted
so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level
of service. The Assessment will fund Improvements “over and above” this general,
baseline level and the general benefits estimated in this section are over and above the
baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside the
Assessment District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+Benefit to the
Public at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and
distinct benefit over and above general benefits conferred on real property located in the
district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special
benefit is conferred to a property if it “receives a direct advantage from the improvement
(e.g., proximity to a park).” In these Assessments, as noted, properties in the District have
close and unique proximity, views and access to the Improvements and uniquely
improved desirability and other benefits from the Improvements, and the public at large
does not receive significant benefits because they do not have proximity, access or views
of the Improvements. Therefore, the overwhelming proportion of the benefits conferred
to property is special and is only minimally received by property outside the Districts or
the public at large.
Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 15
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all the special benefits from the
Improvements because properties in the District enjoy unique close proximity and access
to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but
outside of the boundaries of the District, may receive some benefit from the
Improvements. Since this benefit is conferred to properties outside the District
boundaries, it contributes to the overall general benefit calculation and will not be funded
by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are eight parcels outside the District that lie within a half mile travel
distance of one of mini parks within the District. In addition, there are 79 parcels outside
the District that are directly adjacent to areas where brush clearing activity is performed
by the District. The benefits conferred to these properties do not include the Lot Creation
benefit factor, therefore the benefit is reduced by 60%. The general benefit to property
outside of the District is calculated as follows.
87 Parcels Outside District
1,246 Parcels In the District
40%Benefit Factor
87
87 +1,246 x 40%
Assumptions:
Calculation:
General Benefit to Property Ouside the District
=2.61%
Benefit to Property Inside the Assessment Districts that is Indirect and
Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult
to calculate. A solid argument can be presented that all benefit within the District is
special because the other Improvements are clearly “over and above” and “particular and
distinct” when compared with the baseline level of service and the unique proximity,
access and views of the other Improvements enjoyed by benefiting properties in the
District.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 16
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as
regional parks, major roads, rail lines and other regional facilities because such properties
used for regional purposes could provide indirect benefits to the public at large.
Approximately 1.51% of the land area in the District is used for such regional purposes,
so this is a measure of the general benefits to property within the District.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount
of time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. There are two ways
in which the public at large can enjoy the improvements, with each counting for half the
general benefit: use of parks, and pass-by trips where landscaped areas can be viewed.
In the case of the mini parks that serve primarily the neighborhood, City staff estimate
that approximately 10% of the users do not live, work or own property in the District. The
general landscape improvements are typically along slopes and open space areas, out of
view of the general public, so no general benefit is conferred for views of landscaping.
Finally, the general benefits conferred to the public at large does not include the benefit
of lot creation, so this benefit is further reduced by half. Therefore, we find that ((50% of
10%) x 50% =) 2.50% of the benefits from the Improvements are general benefits to the
public at large.
Total General Benefits
Using a sum of these three measures of general benefit,
2.61%Outside the District
1.51%Inside the District
2.50%Public At Large
6.62%Total General Benefit
Landscaping General Benefit Calculation
we find that approximately 6.62% of the benefits conferred by the Improvements may be
general in nature and should be funded by sources other than the assessment.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 17
Zones of Benefit
The boundaries of the District were developed in conjunction and concurrent with the
planning and design of the subdivisions and Improvements, and thus include only the
properties in the City of Diamond Bar that are proximate to the Improvements and that
would materially benefit from the Improvements. Certain other properties surrounding
the District were not part of the designed association between the Improvements and the
assessed areas and are generally less proximate to the Improvements. In other words, the
boundaries of the District have been narrowly drawn to include only properties that will
specially benefit from the Improvements and would receive a declining level of service if
the Assessments were not approved.
The SVTA decision indicates:
“In a well-drawn district — limited to only parcels receiving special benefits from
the improvement — every parcel within that district receives a shared special
benefit. Under section 2, subdivision (i), these benefits can be construed as being
general benefits since they are not ‘particular and distinct’ and are not ‘over and
above’ the benefits received by other properties ‘located in the district.’
“We do not believe that the voters intended to invalidate an assessment district
that is narrowly drawn to include only properties directly benefiting from an
improvement. Indeed, the ballot materials reflect otherwise. Thus, if an
assessment district is narrowly drawn, the fact that a benefit is conferred
throughout the district does not make it general rather than special. In that
circumstance, the characterization of a benefit may depend on whether the parcel
receives a direct advantage from the improvement (e.g., proximity to park) or
receives an indirect, derivative advantage resulting from the overall public
benefits of the improvement (e.g., general enhancement of the district’s property
values).”
In the District, the benefit that each parcel receives from the Improvements is direct, and
the boundaries are narrowly drawn to include only parcels that benefit from the
Assessment. However, proximity to the improvements varies somewhat within the
District. In order to most conservatively assure that Assessments are proportional to the
relative benefits in the District, three zones have been created:
A. In the area south of Grand Avenue the concentration of landscaped areas (brush
and slopes) as well as mini parks is the greatest.
B. In the area north of Grand Avenue but south of Pantera Park there is less
concentration of landscaped slopes and brush-cleared areas, but still a high
concentration of mini parks.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 18
C. In the area around and north of Pantera Park there is less concentration of
landscaped slopes and brush-cleared areas and no mini parks within a half mile.
Based on the varying characteristics of these three distinct zones, each of the five benefit
categories have been assigned a benefit factor to estimate the overall relative benefit.
Using Zone A as the benchmark (100%), the other two zones derive less benefit due to
the proximity of relatively fewer improvements. This estimation is summarized below.
Table 4: Zones of Benefit – Relative Levels
Benefit Category Weight
Factor Benefit Factor Benefit Factor Benefit
Proximity & Access 10%100%10.0%75%7.5%75%7.5%
Views 10%100%10.0%100%10.0%75%7.5%
Outdoor Area Ext.10%100%10.0%100%10.0%75%7.5%
Safety & Security 10%100%10.0%100%10.0%100%10.0%
Creation of Lots 60%100%60.0%100%60.0%100%60.0%
Relative Benefit 100.0%97.5%92.5%
Zone A Zone B Zone C
A map of these zones is shown on the following page.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 19
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 20
Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive
Improvements that will clearly confer special benefits to properties in the proposed
District. The allocation of special benefits to property is partially based on the type of
property and the size of property. These benefits can also partially be measured by the
occupants on property in the District because such parcel population density is a measure
of the relative benefit a parcel receives from the Improvements. It should be noted that
many other types of “traditional” assessments also use parcel population densities to
apportion the Assessments. For example, the assessments for sewer systems, roads and
water systems are typically allocated based on the population density of the parcels
assessed. Therefore, the apportionment of benefit is reasonably based on the type of
parcel, the size of parcels and the population density of parcels.
The next step in apportioning Assessments is to determine the relative special benefit for
each property. This process involves determining the relative benefit received by each
property in relation to a single-family home, or, in other words, on the basis of Single-
Family Equivalents (SFE). This SFE methodology is commonly used to distribute
Assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of Assessments. For the
purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each
property’s relative benefit in relation to a single-family home on one parcel. In this case,
the "benchmark" property is the single-family detached dwelling which is one Single
Family Equivalent or one SFE.
Residential Properties
In the District, there is only one type of residential property present: the single-family
home. Other types of residential property, such as multifamily, apartments and
condominiums, are not present. Furthermore, the property in the District is fully
developed, has been stable since its original development in the late 1980s, and is zoned
such that a change in that dominate land use is not expected in the future. As a result,
there is no need for a detailed analysis of population densities to determine relative
benefit for other types of residential properties. Each single-family residential property is
assigned one SFE.
Vacant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the
following discussion is included in the event that properties become vacant in the future.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 21
The benefit to undeveloped properties is determined to be proportional to the
corresponding benefits for similar type developed properties, but at a lower rate due to
the lack of improvements on the property. A measure of the benefits accruing to the
underlying land is the average value of land in relation to Improvements for developed
property. An analysis of the assessed valuation data from the City of Diamond Bar found
that approximately 45% of the assessed value of improved properties is classified as the
land value. It is reasonable to assume, therefore, that approximately 45% of the benefits
are related to the underlying land and 55% are related to the improvements and the day-
to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels
is 0.45 per parcel.
Other Property Types
Notwithstanding the foregoing discussion, there are four other types of property uses to
be considered: School, municipal park, water utility, and open space. These are discussed
below.
School Property: Pantera Elementary School lies within the District and may derive some
benefit from the Improvements. However, all benefits that may be derived from the
Improvements are included in the General Benefits calculation noted earlier. Therefore,
the School accrues no further Special Benefit and is not assessed a fee.
Municipal Park: Pantera Park lies partly within the District. However, all benefits that
may be derived from the improvements are included in the General Benefits calculation
noted earlier. Therefore, the park accrues no further special benefit and is not assessed
a fee.
Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used
to supply water for domestic use and fire protection. This property has no people
stationed on-site and derives no benefit in any category. Therefore, it is not assessed a
fee.
Open Space: The open space parcels that lie within the District are part of the
improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a
fee.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 22
Annual Cost Indexing
The assessment shall be subject to an adjustment tied to the Consumer Price Index-U for
the Los Angeles-Riverside-Orange County area as of December of each succeeding year
(the “CPI”). The maximum authorized assessment rate is equal to the maximum
assessment rate in the first fiscal year the Assessment was levied adjusted annually by the
change in CPI.
Duration of Assessment
It is proposed that the Assessments, if approved by property owners, will be continued
every year after their formation, so long as the public Improvements need to be
maintained and improved, and the City requires funding from the Assessments for these
Improvements in the District. As noted previously, the Assessment can continue to be
levied annually after the City Council approves an annually updated Engineer’s Report,
budget for the Assessment, Improvements to be provided, and other specifics of the
Assessment. In addition, the City Council must hold an annual public hearing to
continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in
error as a result of incorrect information being used to apply the foregoing method of
assessment may file a written appeal with the City of Diamond Bar City Manager or his or
her designee. Any such appeal is limited to correction of an Assessment during the then-
current Fiscal Year and applicable law. Upon the filing of any such appeal, the City
Manager or his or her designee will promptly review the appeal and any information
provided by the property owner. If the City Manager or his or her designee finds that the
Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been
filed with the County for collection, the City Manager or his or her designee is authorized
to refund to the property owner the amount of any approved reduction. Any dispute over
the decision of the City Manager or his or her designee shall be referred to the Diamond
Bar City Council, and the decision of the City Council shall be final.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 23
Assessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other
costs shall be expended exclusively for Improvements within the boundaries of the
District or as described herein, and appropriate incidental and administrative costs as
defined in the Plans and Specifications section.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 24
Assessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare
and file a report presenting an estimate of costs, a Diagram for the District and an
assessment of the estimated costs of the Improvements upon all assessable parcels within
the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act,
Article XIIID of the California Constitution, and the order of the City of Diamond Bar City
Council, hereby makes the following Assessment to cover the portion of the estimated
cost of the Improvements, and the costs and expenses incidental thereto to be paid by
the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be
paid by the District for the Fiscal Year 2024-25 is generally as follows:
Table 5: FY 2024-25 Summary Cost Estimate
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in
the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and
lots of land within the District, in accordance with the special benefits to be received by
each parcel or lot, from the Improvements, and more particularly set forth in the Estimate
of Cost and Method of Assessment in the Report.
The Assessment is made upon the parcels or lots of land within the District in proportion
to the special benefits to be received by the parcels or lots of land, from the
Improvements.
Salaries & Benefits 36,334$
Operating Expenses & Services 435,700
671,527
Total Budget 1,143,561$
Less General Fund Contribution (31,249)
Less Carryover (447,097)
Net Amount to Assessments 665,215$
Enhancements / Improvements / Reserves
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 25
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel
number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year
2024-25. For a more particular description of the property, reference is hereby made to
the deeds and maps on file and of record in the office of the County Recorder of the
County.
I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the
Assessment Roll, the amount of the assessment for the Fiscal Year 2024-25 for each parcel
or lot of land within the District.
Dated: July 16, 2024 Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 26
Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 39-2022 are shown on the Assessment Diagram, which is on file with the City Clerk of
the City of Diamond Bar and includes all those properties included in the original
formation of the District and subsequent annexations. The following Assessment Diagram
is for general location only and is not to be considered the official boundary map. The
lines and dimensions of each lot or parcel within the District are those lines and
dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal
Year 2024-25, and are incorporated herein by reference, and made a part of this Diagram
and this Report.
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 27
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page 28
Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this
Report and is available for public inspection during normal office hours at the City Hall at
21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
RESOLUTION NO. 2024-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE
AND TO FILE A REPORT RELATED TO THE MAINTENANCE OF
IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 39-2022 AND ANY ASSESSMENT THEREON FOR
FISCAL YEAR 2024-25.
WHEREAS, the City of Diamond Bar Assessment District No. 39-2022 (“District”)
was created pursuant to Part 2 of Division 15 of the California Streets and Highways
Code (§ 22500, et seq.); and
WHEREAS, California Streets and Highways Code § 22622 provides that the City
Council shall adopt a resolution generally describing any proposed new improvements
or substantial changes in existing improvements in the District and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
the District; and
WHEREAS, no new improvements or substantial changes in existing
improvements are proposed for the District; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The Recitals, as set forth above, are in all respects true and correct
and are incorporated herein by reference.
Section 2. The City Engineer is hereby ordered and directed to prepare or have
prepared an annual report in accordance with California Streets and Highways Code §
22565, et seq., with respect to City of Diamond Bar Landscape Assessment District 39-
2022 for Fiscal Year 2024-25.
Section 3. The City Clerk shall attest and certify to the passage and adoption of
this Resolution and enter it into the book of original resolutions, and it shall become
effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 2nd day of April 2024.
CITY OF DIAMOND BAR
__________
Stan Liu, Mayor
Resolution No. 2024-10
2
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 2nd day of April 2024, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
RESOLUTION NO. 2024-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39-2022 AND
DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 16, 2024 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 39-2022 (“District”)
was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code
(§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to the City of Diamond Bar Assessment District No. 39-2022 is hereby approved
as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2024-25 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Assessment District No.
39-2022,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
Installation, maintenance and servicing of public and private areas and facilities,
including but not limited to, landscaping, sprinkler systems, landscape corridors, ground
cover, shrubs and trees, street frontages, drainage systems, lighting, fencing, graffiti
removal and repainting, and labor, materials, supplies, utilities and equipment, as
applicable, for property owned and/or maintained by the City. Said installation,
maintenance and servicing of the landscaping and installation, maintenance and servicing
of related work shall be within the area of Assessment District No. 39-2022 as shown on
Resolution No. 2024-24
2
Exhibit “A,” as attached hereto and incorporated by reference. The location and type of
improvement are shown in Exhibit “A.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 39-2022 for fiscal year 2024-25. Said estimated cost results in
a proposed Single-Family Equivalent (“SFE”) assessment rate of $547.82 for Zone A,
$534.12 for Zone B, and $506.73 for Zone C for fiscal year 2024-25. Said proposed
assessments include an authorized annual increase equal to the change in the Los
Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further
vote or ballot proceeding as authorized by prior majority approval of property owners. The
annual CPI from December 2022 to December 2023 was 3.47%.
Section 6. This Council hereby fixes 6:30 p.m. on July 16, 2024 in the SCAQMD
Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place
for a hearing before this Council on this question of the levy of the proposed assessments
on assessable lots with City of Diamond Bar Assessment District No. 39-2022 for fiscal
year 2024-25 and hereby gives notice of said hearing.
Section 7. The City Clerk shall certify to the adoption of this Resolution, and
staff shall cause a true and correct copy of this Resolution to be published pursuant to
California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 18th day of June 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 the regular meeting of the
City Council of the City of Diamond Bar held on the 18th day of June 2024, by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
Resolution No. 2024-24
3
Exhibit A
RESOLUTION NO. 2024-30
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39-2022 FOR THE
FISCAL YEAR 2024-25.
WHEREAS, by its Resolution No. 2024-24, this Council approved a report of the
Engineer of Work related to City of Diamond Bar Assessment District No. 39 -2022
(“District”) prepared pursuant to Article XIII of the California Constitution, and the
Landscape and Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of th e California
Streets and Highways Code (commencing with Section 22500 thereof), which described
the improvements thereon, and gave notice of and fixed the time and place of the hearing
on the question of assessment thereon for fiscal year 2024 -25. A diagram of the area
encompassed by said assessment district is attached hereto as Exhibit "A";
WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar;
WHEREAS, said hearing was duly and properly noticed, commenced in the
SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, on July
16, 2024, and was concluded prior to the adoption of this Resolution; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The Recitals of this Resolution are in all respects true and correct.
Section 2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied,
therefore.
Section 3. Based upon its review of the report of the Engineer of Work referred
to hereinabove, and other reports and information, the City Council hereby finds that (i)
the land within the said District will be benefitted by the improvements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2024-25 fiscal year, in accordance
with said report, is apportioned by a formula and method which fairly distributes the net
amount among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements.
Section 4. The improvements specified in the report hereinabove referred to
which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
Section 5. The assessment diagram contained in the report referred to
Resolution No. 2024-30
2
hereinabove and for each assessable lot located within said District the Single -Family
Equivalent (“SFE”) assessment rate of $547.82 for Zone A, $534.12 for Zone B, and
$506.73 for Zone C are hereby adopted and confirmed and said assessment hereby is
levied for the 2024-25 fiscal year.
Section 6. The assessment is in compliance with the provisions of the Act, and
the City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2024-25.
Section 7. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2024 -25 property tax bills meet the requirements of
Proposition 218 that added Articles XIIIC and XIIID to the California Constitution.
Section 8. The assessments are levied without regard to property valuation.
Section 9. The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a special fund for use in City of
Diamond Bar Assessment District No. 39-2022.
Section 10. The City Clerk is hereby authorized and directed to file the diagram
and assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
Section 11. A certified copy of the assessment and diagram shall be filed in the
office of the City Clerk and open for public inspection.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 16th day of July 2024.
CITY OF DIAMOND BAR
__________________________
Stan Liu, Mayor
Resolution No. 2024-30
3
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly and regularly passed, approved and adopted by the City
Council of the City of Diamond Bar, California, at its regular meeting held on the 16th day
of July 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
Resolution No. 2024-30
4
Exhibit “A”
ATTACHMENT 4
LLAD NO. 41-2021: FY2024/25 PACKAGE
Fiscal Year 2024-25
ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 41-2021
July 2024
Final Report
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California
Constitution
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
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C ity of Diamond Bar
City Council
Stan Liu, Mayor
Chia Yu Teng, Mayor Pro Tem
Andrew Chou, Councilmember
Ruth M. Low, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
P ublic Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.
SCI Consulting Group
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
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Table of Contents
Introduction .................................................................................................... 1
Overview ...................................................................................................................... 1
Engineer’s Report and Continuation of Assessments .................................................. 2
Legislative Analysis ....................................................................................................... 2
Plans & Specifications ..................................................................................... 5
Fiscal Year 2024-25 Estimate of Cost and Budget ............................................. 7
Budget for Fiscal Year 2024-25 ..................................................................................... 7
Method of Assessment Apportionment ........................................................... 9
Method of Apportionment ........................................................................................... 9
Discussion of Benefit .................................................................................................... 9
Special Benefit ............................................................................................................ 11
General Versus Special Benefit .................................................................................. 13
Benefit Finding ........................................................................................................... 15
Method of Apportionment ......................................................................................... 17
Residential Properties ................................................................................................ 18
Vacant/Undeveloped Properties ................................................................................ 18
Other Property Types ................................................................................................. 19
Annual Assessment Calculation.................................................................................. 19
Duration of Assessment ............................................................................................. 20
Appeals of Assessments Levied to Property .............................................................. 20
Assessment Funds Must Be Expended Within the District Area ................................ 20
Assessment ................................................................................................... 21
Assessment Diagram ..................................................................................... 24
Assessment Roll ............................................................................................ 25
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page vi
List of Tables
Table 1: FY 2024-25 Estimate of Costs ................................................................................ 7
Table 2: Assessment Rate Determination ........................................................................... 8
Table 3: FY 2024-25 Summary Cost Estimate ................................................................... 21
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 1
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains turf areas, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of
the City. In order to fund the maintenance and operation (“Services”) of these projects
and improvements, Landscaping Assessment
District No. 41 was formed in 1985 by the
County of Los Angeles prior to the
incorporation of the City of Diamond Bar.
Upon incorporation in 1989, the City assumed
jurisdiction over the District. Since the passage
of Proposition 218, the assessments for this
existing District cannot be increased beyond
the previously approved amount of $280.00
per parcel. This assessment amount does not
generate sufficient revenue to fund the
District’s improvements and services, and the
annual shortfalls have been funded by the
City’s General Fund.
In 2021, the City Council directed that a new
assessment be proposed and voted on by property owners within the District in
accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their
intent was to replace the existing District No. 41 with a new District No. 41-2021 that
would adhere to the existing boundary and include the same improvements and services.
These proposed assessments were supported by 87.55% of assessment ballots received
from property owners (with each ballot weighted by the amount of assessments it
represented). Therefore, on July 6, 2021 by its Resolution No. 2021-33, the City Council
levied the new assessments for District No. 41-2021.
This Engineer’s Report ("Report") was prepared to establish the budget for the
Improvements (as described below) that will be funded by the proposed assessments and
other revenue, and to determine the general and special benefits received from the
Improvements by property within the District and the method of assessment
apportionment to lots and parcels. This Report and the assessments have been made
pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code (the "Act") and Article XIIID of the California
Constitution (the “Article”).
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 2
Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2021, and
were intended to replace the original District No. 41 which was established in 1985. In
each subsequent year for which the assessments will be continued, the Diamond Bar City
Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and
proposed assessments for the upcoming fiscal year. After the report is completed, the
City Council may preliminarily approve the Engineer’s Report and the continued
assessments and establish the date for a public hearing on the continuation of the
assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant
to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District,
and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments
by resolution, a notice of public hearing must be published in a local newspaper at least
10 days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
Following the minimum 10-day time period after publishing the notice, a public hearing
is held for the purpose of allowing public testimony about the proposed continuation of
the Assessments. This hearing is currently scheduled for July 16, 2024. At this hearing,
the Council will consider approval of a resolution confirming the continuation of the
Assessments for fiscal year 2024-25. If so confirmed and approved, the Assessments
would be submitted to the Los Angeles County Auditor/Controller for inclusion on the
property tax rolls for fiscal year 2024-25.
Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6,
1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218
provides for benefit assessments to be levied to fund the cost of providing services and
improvements, as well as maintenance and operation expenses to a public improvement
which benefits the assessed property.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 3
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This
ruling is significant in that the Court clarified how Proposition 218 made changes to the
determination of special benefit. The Court also found that:
Benefit assessments are for special, not general, benefit
The services and/or improvements funded by assessments must be
clearly defined
Special benefits are directly received by and provide a direct advantage
to property in the Improvement District
The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708
In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that
was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed
property based on the costs within sub-areas of the assessment district instead of the
overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
with improvements and services were not explicitly calculated, quantified and separated
from the special benefits.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 4
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden
Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an
assessment for street and landscaping maintenance in the Greater Golden Hill
neighborhood of San Diego, California. The court described two primary reasons for its
decision. First, like in Beutz, the court found the general benefits associated with services
were not explicitly calculated, quantified and separated from the special
benefits. Second, the court found that the City had failed to record the basis for the
assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of
Article XIIIC and XIIID of the California Constitution because the Improvements to be
funded are clearly defined; the benefiting property in the District enjoys close and unique
proximity, access and views to the Improvements; the Improvements serve as an
extension of usable land area for benefiting properties in the District and such special
benefits provide a direct advantage to property in the District that is not enjoyed by the
public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because
the Improvements will directly benefit property in the District and the general benefits
have been explicitly calculated and quantified and excluded from the Assessments. The
Engineer’s Report is consistent with Bonander because the Assessments have been
apportioned based on the overall cost of the Improvements and Services proportional
special benefit to each property, rather than the proportional cost to the District to
provide the Improvements to specific properties.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 5
Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 41-2021, (“District”), and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in
the Method of Assessment herein. In addition to the definitions provided by the
Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are
generally described as mini-parks, slopes and open space areas within the District. The
Assessment Diagram shows the location and extent of the Improvements to be installed,
maintained or serviced by the proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies,
utilities and equipment, as applicable, at each of the locations owned, operated or
maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but
not limited to, land preparation (such as grading, leveling, cutting and filling), sod,
landscaping, irrigation systems, walkways and drainage, lights, playground equipment,
play courts, playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements; or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 6
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this
part; (e) any other expenses incidental to the construction, installation, or maintenance
and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds
or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial
changes or expansion of the Improvements provided, substantial changes in the service
provided, modifications or restructuring of the District including annexation or
detachment of specific parcels, revisions in the method of apportionment, or proposed
new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District
plus incidental expenses.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 7
Fiscal Year 2024 -2 5 Estimate of Cost and Budget
Budget for Fiscal Year 2024-25
The 1972 Act provides that the total costs for providing the maintenance and servicing of
the District Improvements and facilities can be recovered in the assessment spread
including incidental expenses. The latter can include engineering fees, legal fees, printing,
mailing, postage, publishing and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2024-25 for the maintenance and servicing of
the Improvements is provided below.
Table 1: FY 2024-25 Estimate of Costs
1. The Act requires that proceeds from the assessments must be deposited into a special fund
that has been set up for the revenues and expenditures of the District. Moreover, funds raised by
the assessment shall be used only for the purposes stated within this Report. Any balance
Expenditure Item Amount
Salaries & Benefits 36,728$
Operating Expenses
Advertising 3,000
Utilities 77,000
Maintenance of Grounds/Buildings 46,000
Professional Services 7,000
Contract Services
Landscape Maintenance 68,500
Tree Maintenance 23,000
Weed/Pest Abatement 50,118
Capital Improvements 0
Estimated Expenditures 311,346$
Contingencies/Reserves 169,140
Total Budget 480,486$
Revenue Item Amount
Direct Benefit Assessments 311,346$
Carryover from Prior Year 157,185
General Fund Contribution 3.84%11,955
Estimated Revenues 1 480,486$
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 8
remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The
District may also establish a reserve fund for contingencies and special projects as well as a
capital improvement fund for accumulating funds for larger capital improvement projects or
capital renovation needs. Any remaining balance would either be placed in the reserve fund or
would be used to reduce future years' assessments.
Table 2 below shows how the assessment rates are determined including the estimated
number of single-family equivalents (“SFE”) and how the costs of improvements are
allocated to parcels as defined later in this Report.
Table 2: Assessment Rate Determination
1. The rate shown here is for a single-family home or its equivalent. For the definition of the term
SFE and rates for other types of property, see the section titled, “Method of Assessment
Apportionment” and the sections following it in this report.
Single-Family Equivalents Parcels SFE factor SFEs
Single Family Parcels 410 100%410.00
Condominium Parcels 144 92%132.48
Total 554 542.48
Budget Allocation to Parcels
Total Amount Assessed 311,346$
Total SFEs 542.48
Assessment per SFE 1 573.93$
Single-Family Assessment 573.93$
Condominium Assessment 528.02$
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 9
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the
Improvements and the methodology used to apportion the total assessment to properties
within the District.
The District consists of certain assessor parcels within the boundaries as defined by the
Assessment Diagram referenced in this report and the parcels identified by the Assessor
Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly
owned parcels as shown. The method used for apportioning the Assessment is based
upon the relative special benefits to be derived by the properties in the District over and
above general benefits conferred on real property or to the public at large. The
Assessment is apportioned to lots and parcels in proportion to the relative special benefit
from the Improvements. The apportionment of special benefit is a two-step process: the
first step is to identify the types of special benefit arising from the Improvements and the
second step is to allocate the Assessments to property based on the estimated relative
special benefit for each type of property.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property and that the value of
the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel."
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 10
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the Improvements to be
provided with the assessment proceeds. These types of special benefit are summarized
as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within
the District.
B. Improved Views within the District.
C. Extension of a property’s outdoor areas and green spaces for properties within
close proximity to the Improvements.
D. Safety and Security within the District
E. Creation of individual lots for residential and commercial use that, in absence of
the Assessments, would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct
areas:
♦ Proximity ♦ Expanded or Improved Access ♦ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park
improvements are a direct advantage and special benefit to property that is proximate to
a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement (e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed
herein further strengthen the basis of these assessments.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 11
Moreover, the Dahms decision further clarified that certain services and improvements
funded by assessments, that are over and above what otherwise would be provided and
that other property in general and the public do not share or receive are 100% special
benefit. The assessment-funded services upheld by Dahms included streetscape
maintenance and security services.
Special Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to Improved Landscaped Areas within the District
Only the specific properties within close proximity to the Improvements are included in
the District. The District has been narrowly drawn to include the properties that receive
special benefits from the Improvements. Therefore, property in the District enjoys unique
and valuable proximity and access to the Improvements that the public at large and
property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements
that are over and above what otherwise would be provided. Improvements that are over
and above what otherwise would be provided do not by themselves translate into special
benefits but when combined with the unique proximity and access enjoyed by parcels in
the District, they provide a direct advantage and special benefit to property in the District.
Improved V iews within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in
the District, provides improved views to properties in the District. The properties in the
District enjoy close and unique proximity, access and views of the specific Improvements
funded in the District; therefore, the improved and protected views provided by the
Assessments are another direct and tangible advantage that is uniquely conferred upon
property in the District.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 12
Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties
within C lose P roximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in
the District, the residential, commercial and other benefiting properties in the District do
not have large outdoor areas and green spaces. The Improvements within the District
provide additional outdoor areas that serve as an effective extension of the land area for
proximate properties because the Improvements are uniquely proximate and accessible
to property in close proximity to the Improvements. The Improvements, therefore,
provide an important, valuable and desirable extension of usable land area for the direct
advantage and special benefit of properties in the District because such properties have
uniquely good and close proximity to the Improvements.
Safety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private
improvements funded by the Assessments in the District, provides increased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical
fire suppression.
Creation of Individual L ots for R esidential Use that, in Absence of the
Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for
improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided
and for development of the parcels to occur. As parcels were sold, new owners were
informed of the Assessments through the title reports, and in some cases, through
Department of Real Estate “White Paper” reports that the parcels were subject to
assessment. Purchase of property was also an “agreement” to pay the Assessment.
Therefore, in absence of the Assessments, the lots within most of the District would not
have been created. These parcels, and the improvements that were constructed on the
parcels, receive direct advantage and special benefit from the Assessments.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 13
Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises
100% of the benefit because the Improvements were incorporated into the original
planning and design of the subdivision, and thus were deemed to be necessary and
required for the development of the lot. Without those Improvements and associated
benefit, the lots would not have been created in the first place. Nevertheless, four other
definitive benefits accruing to the parcels within the District are identified, and an
allowance should be made within the overall relative importance of benefits. The relative
benefit level of the five identified benefits used in this Report is shown below.
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase
or impose a benefit assessment to “separate the general benefits from the special
benefits conferred on a parcel.” The rationale for separating special and general benefits
is to ensure that property owners subject to the benefit assessment are not paying for
general benefits. An assessment can fund special benefits but cannot fund general
benefits. Accordingly, a separate estimate of the special and general benefit is given in
this section.
In other words:
Total
Benefit = General
Benefit + Special
Benefit
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 14
There is no widely-accepted or statutory formula for general benefit. General benefits
are benefits from improvements or services that are not special in nature, are not
“particular and distinct” and are not “over and above” benefits received by other
properties. SVTA vs. SCCOSA provides some clarification by indicating that general
benefits provide “an indirect, derivative advantage” and are not necessarily proximate to
the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted
so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level
of service. The Assessment will fund Improvements “over and above” this general,
baseline level and the general benefits estimated in this section are over and above the
baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+
Benefit to
the Public
at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and
distinct benefit over and above general benefits conferred on real property located in the
district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special
benefit is conferred to a property if it “receives a direct advantage from the improvement
(e.g., proximity to a park).” In these Assessments, as noted, properties in the District
have close and unique proximity, views and access to the Improvements and uniquely
improved desirability from the Improvements and other properties and the public at large
do not receive significant benefits because they do not have proximity, access or views of
the Improvements. Therefore, the overwhelming proportion of the benefits conferred to
property is special and is only minimally received by property outside the Districts or the
public at large.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 15
Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of the special benefits from the
Improvements because properties in the District enjoy unique close proximity and access
to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but
outside of the boundaries of the District, may receive some benefit from the
Improvements. Since this benefit is conferred to properties outside the District
boundaries, it contributes to the overall general benefit calculation and will not be funded
by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are 23 parcels outside the District that are directly adjacent to areas
where slopes are maintained by the District. The benefits conferred to these properties
do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%.
The general benefit to property outside of the District is calculated as follows.
23 Parcels Outside District
554 Parcels In the District
40%Benefit Factor
23
23 +554
Assumptions:
Calculation:
General Benefit to Property Ouside the District
x 40%=1.59%
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 16
Benefit to Property Inside the Assessment Districts that is Indirect and
Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult
to calculate. A solid argument can be presented that all benefit within the District is
special, because the other Improvements are clearly “over and above” and “particular
and distinct” when compared with the baseline level of service and the unique proximity,
access and views of the other Improvements enjoyed by benefiting properties in the
District.
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly
abutting the District that is publicly owned and used for regional purposes such as
regional parks, major roads, rail lines and other regional facilities because such properties
used for regional purposes could provide indirect benefits to the public at large. The
District boundaries are narrowly drawn to include only the residential areas within the
neighborhood, and there are no regional facilities within the District. Therefore, the
indirect and derivative general benefits to property within the District are zero.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount
of time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. It should be noted
that these Improvements do not attract the public at large in the same was as park
improvements, and they confer far less benefit to the public at large than do similar park
improvements. In essence, the public does not visit an area to enjoy slope improvements
in the same way as they may visit a park.
However, certain slopes maintained by the District may provide some enhancement to
views enjoyed by the public as they drive past. Approximately 25% of the slopes and
linear green areas maintained by the District lie along arterial roadways that carry a high
percentage of traffic not associated with people who are not residents or property owners
within the District. While there are not statistics available as to what percentage of pass-
by vehicle trips are by non-residents or non-property owners, a liberal factor of 90% is
assumed. Finally, of all the types of benefits conferred by the Improvements, passersby
only benefit from views, which are estimated at 10% of the total benefits. Therefore, we
find that ((90% of 25%) x 10% =) 2.25% of the benefits from the Improvements are general
benefits to the public at large.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 17
Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 3.84%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
1.59%
0.00%
2.25%
3.84%
Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive
Improvements that will clearly confer special benefits to properties in the proposed
District. The allocation of special benefits to property is partially based on the type of
property and the size of property. These benefits can also partially be measured by the
occupants on property in the District because such parcel population density is a measure
of the relative benefit a parcel receives from the Improvements. It should be noted that
many other types of “traditional” assessments also use parcel population densities to
apportion the Assessments. For example, the assessments for sewer systems, roads and
water systems are typically allocated based on the population density of the parcels
assessed. Therefore, the apportionment of benefit is reasonably based on the type of
parcel, the size of parcels and the population density of parcels.
The next step in apportioning Assessments is to determine the relative special benefit for
each property. This process involves determining the relative benefit received by each
property in relation to a single-family home, or, in other words, on the basis of Single-
Family Equivalents (“SFE”). This SFE methodology is commonly used to distribute
Assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of Assessments. For the
purposes of this Engineer’s Report, all properties are designated a SFE value, which is each
property’s relative benefit in relation to a single-family home on one parcel. In this case,
the "benchmark" property is the single-family detached dwelling which is one Single
Family Equivalent or one SFE.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 18
Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit
are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and
zero-lot line houses are included in this category of single-family residential property. If
there is more than one single family detached dwelling on a parcel, it will be charged one
SFE per single family detached dwelling.
Another residential property type in the District is the condominium. These properties
benefit from the Improvements in proportion to the average number of people who
reside in multi-family residential units versus the average number of people who reside
in a single-family home (Population Density Factor, or PDF). Using the total population of
each property type in the City from recent Census data and dividing it by the total number
of such households reveals that approximately 3.42 persons occupy each single-family
residence, whereas an average of 2.48 persons occupy each condominium. The ratio of
2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for
condominiums.
The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other
benefit categories are applicable to condominiums in full measure. The calculation of the
overall SFE factors are summarized below.
Benefit Category
PDF SFE Factor PDF SFE Factor
Proximity & Access 10%100%10.0%73%7.3%
Views 10%100%10.0%73%7.3%
Outdoor Area Extension 10%100%10.0%73%7.3%
Safety & Security 10%100%10.0%100%10.0%
Creation of Lots 60%100%60.0%100%60.0%
TOTAL Benefit 100%100%92%
SFR CondoWeight
There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments)
in the District, and none are foreseen in the near future. Therefore, no SFR-based
assessment rate is calculated.
Vacant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the
following discussion is included in the event that properties become vacant in the future.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 19
The benefit to undeveloped properties is determined to be proportional to the
corresponding benefits for similar type developed properties, but at a lower rate due to
the lack of improvements on the property. A measure of the benefits accruing to the
underlying land is the average value of land in relation to Improvements for developed
property. An analysis of the assessed valuation data from the City of Diamond Bar found
that approximately 45% of the assessed value of improved properties is classified as the
land value. It is reasonable to assume, therefore, that approximately 45% of the benefits
are related to the underlying land and 55% are related to the improvements and the day-
to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels
is 0.45 per parcel.
Other Property Types
Notwithstanding the foregoing discussion, there are two other types of property uses to
be considered: Water utility and open space. These are discussed below.
Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used
to supply water for domestic use and fire protection. This property has no people
stationed on-site and derives no benefit in any category. Therefore, it is not assessed a
fee.
Open Space: The open space parcels that lie within the District are part of the
improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a
fee.
The property in the District is fully developed, has been stable since its original
development in the late 1980s, and is zoned such that a change in the predominately
residential land use is not expected in the future. As a result, there is no analysis of type,
size and population densities for other uses such as commercial, industrial and
institutional properties.
A nnual Assessment Calculation
The assessment shall be subject to an adjustment up to a cap of 3% annually, which
adjustment shall be based upon actual costs, including any reasonable reserves,
supported by an Engineer’s Report prepared in accordance with Article XIIID of the
California Constitution. If the Engineer’s Report does not support an increase or supports
a reduction in the assessment, then the assessment shall not be increased or shall be
lowered as applicable.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 20
Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments
be continued every year after their formation or annexation, so long as the public
Improvements need to be maintained and improved, and the City requires funding from
the Assessments for these Improvements in the District. As noted previously, the
Assessment can continue to be levied annually after the City Council approves an annually
updated Engineer’s Report, budget for the Assessment, Improvements to be provided,
and other specifics of the Assessment. In addition, the City Council must hold an annual
public hearing to continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels the Assessment levied on the subject property is in error
as a result of incorrect information being used to apply the foregoing method of
assessment may file a written appeal with the City of Diamond Bar City Manager or his or
her designee. Any such appeal is limited to correction of an Assessment during the then-
current Fiscal Year and applicable law. Upon the filing of any such appeal, the City
Manager or his or her designee will promptly review the appeal and any information
provided by the property owner. If the City Manager or his or her designee finds the
Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been
filed with the County for collection, the City Manager or his or her designee is authorized
to refund to the property owner the amount of any approved reduction. Any dispute over
the decision of the City Manager or his or her designee shall be referred to the Diamond
Bar City Council, and the decision of the City Council shall be final.
Assessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other
costs shall be expended exclusively for Improvements within the boundaries of the
District or as described herein, and appropriate incidental and administrative costs as
defined in the Plans and Specifications section.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 21
Assessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare
and file a report presenting an estimate of costs, a Diagram for the District and an
assessment of the estimated costs of the Improvements upon all assessable parcels within
the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act,
Article XIIID of the California Constitution, and the order of the City of Diamond Bar City
Council, hereby makes the following Assessment to cover the portion of the estimated
cost of the Improvements, and the costs and expenses incidental thereto to be paid by
the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be
paid by the District for the Fiscal Year 2024-25 is generally as follows:
Table 3: FY 2024-25 Summary Cost Estimate
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in
the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and
lots of land within the District, in accordance with the special benefits to be received by
each parcel or lot, from the Improvements, and more particularly set forth in the Estimate
of Cost and Method of Assessment in the Report.
Salaries & Benefits 36,728$
Operating Expenses & Services 274,618
Capital Expenses/Reserves 169,140
Total Budget 480,486$
Less General Fund Contribution (11,955)
Less Carryover (157,185)
Net Amount to Assessments 311,346$
Fund and Budget Summary Fiscal Year 2024-25
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 22
The Assessment is made upon the parcels or lots of land within the District in proportion
to the special benefits to be received by the parcels or lots of land, from the
Improvements.
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel
number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year
2024-25. For a more particular description of the property, reference is hereby made to
the deeds and maps on file and of record in the office of the County Recorder of the
County.
I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the
Assessment Roll, the amount of the assessment for the Fiscal Year 2024-25 for each parcel
or lot of land within the District.
Dated: July 16, 2024 Engineer of Work
By
Edric W. H. Kwan, P.E.
License No. C062829
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 23
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 24
Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 41-2021 are shown on the Assessment Diagram, which is on file with the City Clerk of
the City of Diamond Bar and includes all those properties included in the original
formation of the District and subsequent annexations. The following Assessment Diagram
is for general location only and is not to be considered the official boundary map. The
lines and dimensions of each lot or parcel within the District are those lines and
dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal
Year 2024-25, and are incorporated herein by reference, and made a part of this Diagram
and this Report.
CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021
ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page 25
Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this
Report and is available for public inspection during normal office hours at the City Hall at
21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
RESOLUTION NO. 2024-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE
AND TO FILE A REPORT RELATED TO THE MAINTENANCE OF
IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 41-2021 AND ANY ASSESSMENT THEREON FOR
FISCAL YEAR 2024-25.
WHEREAS, the City of Diamond Bar Assessment District No. 41-2021 (“District”)
was created pursuant to Part 2 of Division 15 of the California Streets and Highways
Code (§ 22500, et seq.); and
WHEREAS, California Streets and Highways Code § 22622 provides that the City
Council shall adopt a resolution generally describing any proposed new improvements
or substantial changes in existing improvements in the District and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
the District; and
WHEREAS, no new improvements or substantial changes in exiting
improvements are proposed for the District; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The Recitals, as set forth above, are in all respects true and correct
and are incorporated herein by reference.
Section 2. The City Engineer is hereby ordered and directed to prepare or have
prepared an annual report in accordance with California Streets and Highways Code §
22565, et seq., with respect to City of Diamond Bar Landscape Assessment District 41-
2021 for Fiscal Year 2024-25.
Section 3. The City Clerk shall attest and certify to the passage and adoption of
this Resolution and enter it into the book of original resolutions, and it shall become
effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 2nd day of April 2024.
CITY OF DIAMOND BAR
_______
Stan Liu, Mayor
Resolution No. 2024-11
2
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 2nd day of April 2024, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
RESOLUTION NO. 2024-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41-2021 AND
DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 16, 2024 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 41-2021 (“District”)
was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code
(§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to the City of Diamond Bar Assessment District No. 41-2021 is hereby approved
as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2024-25 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Assessment District No.
41-2021,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and servicing of landscaping and any facilities which are
appurtenant thereto or which are necessary or convenient for the maintenance and
servicing thereof, including but not limited to, repair, removal or replacement, grading,
clearing, removal of debris, pruning, fertilization, pest control and weed control, and the
installation or construction of appurtenant facilities, including curbs, gutters, walls,
sidewalks or paving, or water, irrigation, or electrical facilities. Said maintenance and
servicing of the landscaping and installation, maintenance and servicing of related work
shall be within the area of Landscape Assessment District No. 41- 2021 as shown on
Resolution No. 2024-25
2
Exhibit "A" as attached hereto and incorporated by reference. The location and type of
improvement are shown on Exhibit "A."
Section 5. Reference is hereby, made to the Engineer's Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Landscape Assessment District No. 41-2021 for fiscal year 2024-25. Said proposed
assessment amounts for the single-family and multi-family parcels are $573.93 and
$528.02, respectively, an increase of 3% from fiscal year 2023-24. Said proposed
assessments include an authorized annual increase equal to the change in the Los
Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further
vote or ballot proceeding, not to exceed 3%, as authorized by prior majority approval of
property owners. The annual CPI from December 2022 to December 2023 was 3.47%.
The 3% cap is in effect.
Section 6. This Council hereby fixes 6:30 p.m. on July 16, 2024 in the SCAQMD
Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place
for a hearing before this Council on this question of the levy of the proposed assessments
on assessable lots with City of Diamond Bar Assessment District No. 41-2021 for fiscal
year 2024-25 and hereby gives notice of said hearing.
Section 7. The City Clerk shall certify to the adoption of this Resolution, and
staff shall cause a true and correct copy of this Resolution to be published pursuant to
California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 18th day of June 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 the regular meeting of the
City Council of the City of Diamond Bar held on the 18th day of June 2024, by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Kristina Santana, City Clerk
Resolution No. 2024-25
3
Exhibit A
RESOLUTION NO. 2024-31
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021 FOR THE
FISCAL YEAR 2024-25.
WHEREAS, by its Resolution No. 2024-25, this Council approved a report of the
Engineer of Work related to City of Diamond Bar Assessment District No. 41-2021
(“District”) prepared pursuant to Article XIII of the California Constitution, and the
Landscape and Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of the California
Streets and Highways Code (commencing with Section 22500 thereof), which describ ed
the improvements thereon, and gave notice of and fixed the time and place of the hearing
on the question of assessment thereon for fiscal year 2024-25. A diagram of the area
encompassed by said assessment district is attached hereto as Exhibit "A";
WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar;
WHEREAS, said hearing was duly and properly noticed, commenced in the
SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, on July
16, 2024, and was concluded prior to the adoption of this Resolution; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The Recitals of this Resolution are in all respects true and correct.
Section 2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied,
therefore.
Section 3. Based upon its review of the report of the Engineer of Work referred
to hereinabove, and other reports and information, the City Council hereby finds that (i)
the land within the District will be benefitted by the improvements specified in the Report,
(ii) the District includes all of the lands so benefitted, and (iii) the net amount to be
assessed upon the lands within the District for the 2024-25 fiscal year is apportioned by
a formula and method which fairly distributes the net amount among all assessable lots
or parcels in proportion to the estimated benefits to be received by each such lot or parcel
from the improvements.
Section 4. The improvements specified in the report hereinabove referred to
which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
Section 5. The assessment diagram contained in the Report and the
Resolution No. 2024-31
2
assessment amounts of $573.93 and $528.02 for the single-family and multi-family
parcels, respectively, within said District are hereby adopted and confirmed and said
assessment hereby is levied for the 2024-25 fiscal year.
Section 6. The assessment is in compliance with the provisions of the Act, and
the City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the Report for Fiscal Year 2024 -25.
Section 7. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2024 -25 property tax bills meet the requirements of
Proposition 218 that added Articles XIIIC and XIIID to the California Constitution.
Section 8. The assessments are levied without regard to property valuation.
Section 9. The City Treasurer shall deposit all moneys representing
assessments collected by the County to the credit of a special fund for use in City of
Diamond Bar Landscape Assessment District No. 41-2021.
Section 10. The City Clerk is hereby authorized and directed to file the diagram
and assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
Section 11. A certified copy of the assessment and diagram shall be filed in the
office of the City Clerk and open for public inspection.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 16th day of July 2024.
CITY OF DIAMOND BAR
________________________
Stan Liu, Mayor
Resolution No. 2024-31
3
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly and regularly passed, approved and adopted by the City
Council of the City of Diamond Bar, California, at its regular meeting held on the 16th day
of July 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
Resolution No. 2024-31
4
Exhibit “A”
Landscape Assessment District 41-2021