Agenda packet — Diamond Bar City Council, June 16, 2026 (part 5 of 5)

+ OVERHEAD % + = COMBINED%
NORMAL + + = 98.12%
OVERTIME + + = 98.20%
FEE % 10%

BILLING INFORMATION

COST PROPOSAL
Specific Rate of Compensation (use for on-call or as-needed contracts) City of Diamond Bar On-Call Construction Management / Project Management and Inspection Services FRINGE
BENEFIT % GENERAL ADMINISTRATION %
Consultant or Subconsultant ___FCG_(Prime)__________________ Contract No. _________ Date 1/22/2026

CALCULATION INFORMATION
$ 268.16 178.70 $ 357.55 $ 1/1/2025 12/31/2025 82.00 $
$ 270.85 180.49 $ 361.13 $ 1/1/2026 12/31/2026 82.82 $ 1.00% $ 273.55 182.30 $ 364.74 $ 1/1/2027 12/31/2027 83.65 $ 1.00% $ 276.29 184.12 $ 368.39 $ 1/1/2028 12/31/2028 84.48 $ 1.00% $ 279.05 185.96 $ 372.07 $ 1/1/2029 12/31/2029 85.33 $ 1.00% $ 268.16 178.70 $ 357.55 $ 1/1/2025 12/31/2025 82.00 $
$ 270.85 180.49 $ 361.13 $ 1/1/2026 12/31/2026 82.82 $ 1.00% $ 273.55 182.30 $ 364.74 $ 1/1/2027 12/31/2027 83.65 $ 1.00% $ 276.29 184.12 $ 368.39 $ 1/1/2028 12/31/2028 84.48 $ 1.00% $ 279.05 185.96 $ 372.07 $ 1/1/2029 12/31/2029 85.33 $ 1.00% $ 268.16 178.70 $ 357.55 $ 1/1/2025 12/31/2025 82.00 $
$ 270.85 180.49 $ 361.13 $ 1/1/2026 12/31/2026 82.82 $ 1.00% $ 273.55 182.30 $ 364.74 $ 1/1/2027 12/31/2027 83.65 $ 1.00% $ 276.29 184.12 $ 368.39 $ 1/1/2028 12/31/2028 84.48 $ 1.00% $ 279.05 185.96 $ 372.07 $ 1/1/2029 12/31/2029 85.33 $ 1.00% $ 170.06 113.32 $ 226.74 $ 1/1/2025 12/31/2025 52.00 $
$ 171.76 114.46 $ 229.01 $ 1/1/2026 12/31/2026 52.52 $ 1.00% $ 173.47 115.60 $ 231.30 $ 1/1/2027 12/31/2027 53.05 $ 1.00% $ 175.21 116.76 $ 233.61 $ 1/1/2028 12/31/2028 53.58 $ 1.00% $ 176.96 117.93 $ 235.95 $ 1/1/2029 12/31/2029 54.11 $ 1.00% $ 170.06 113.32 $ 226.74 $ 1/1/2025 12/31/2025 52.00 $
$ 171.76 114.46 $ 229.01 $ 1/1/2026 12/31/2026 52.52 $ 1.00% $ 173.47 115.60 $ 231.30 $ 1/1/2027 12/31/2027 53.05 $ 1.00% $ 175.21 116.76 $ 233.61 $ 1/1/2028 12/31/2028 53.58 $ 1.00% $ 176.96 117.93 $ 235.95 $ 1/1/2029 12/31/2029 54.11 $ 1.00% $ 359.73 239.73 $ 479.64 $ 1/1/2025 12/31/2025 110.00 $ $ 363.33 242.12 $ 484.44 $ 1/1/2026 12/31/2026 111.10 $ 1.00% $ 366.96 244.54 $ 489.28 $ 1/1/2027 12/31/2027 112.21 $ 1.00% $ 370.63 246.99 $ 494.18 $ 1/1/2028 12/31/2028 113.33 $ 1.00% $ 374.34 249.46 $ 499.12 $ 1/1/2029 12/31/2029 114.47 $ 1.00%

1. Names and classifications of consultant (key staff) team members listed.

2. Billing rate = actual hourly rate * (1 + ICR) * (1 + Fee).

3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification.

4. Agreed upon billing rates valid through June 30, but are adjustable per the terms of the RFP when requested in writing 60 days prior to June 30th each year and will be considered with adequate justification for pricing escalations.

Note: Denote all employees subject to prevailing wage with an asterisks (*) Public Outreach
Office Engineer
Scheduler
Water/Wastewater Inspector
SWPPP Inspector
Specialty Inspectors

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1450826.1

FIRST AMENDMENT
TO

CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and HR Green Pacific, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following:

NOW, THEREFORE, the parties hereby agree as follows:

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

2. Revised Term. This First Amendment shall take effect July 1, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement.

3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Sixty-Two Thousand Five Hundred Dollars and Zero Cents ($62,500.00).

Section 3 of the Original Agreement is hereby amended to provide for an increase of Thirty-Seven Thousand Five Hundred Dollars and Zero Cents ($37,500.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) each Fiscal Year without the prior authorization of the City.
4 Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.

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IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
HR Green Pacific, Inc. CITY OF DIAMOND BAR
By: By:

Printed Name: Daniel Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, City Attorney
*NOTE:If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

Tina M. York, PE Min Zhou, PE Regional Director Director of Civil Plan Check

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Schedule of Fixed Hourly Rates
Firm Name: HR Green Pacific, Inc.

Job Title Hourly
Billing Rate
Prevailing
Wage Rate
Principal-In-Charge $350.00
Project Manager $300 - 350
QA/QC Manager $300 - 350
Municipal Services Manager $240 - 275
Civil Plan Check Manager $240 - 275
Senior Professional/Project Engineer $225 - 275
Traffic Engineer $275 - 310
Professional Engineer $225 - 275
Associate Engineer $175 - 200
Assistant Engineer $135 - 175
Environmental Associate (NPDES) $175 - 200
Senior Civil Plan Reviewer $225 - 275
Civil Plan Reviewer $135 - 200
Map Checker $135 - 225
Public Works Technician $100 - 125
Transportation Manager $175 - 275
Transportation Planner $175 - 275
CAD Designer/Operator $135 - 225
CASp Reviewer/Inspector $225 - 275
Management Analyst $135 - 200
Permit Technician $100 - 125
Construction Manager $175 - 250
Senior Construction/Public Works Inspector $175 - 210 $193 - 222 Construction/Public Works Inspector $125 - 175 $193 - 222 Administrative Assistant $100 - 125

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1450826.1

THIRD AMENDMENT
TO

CONSULTANT SERVICES AGREEMENT
This Third Amendment to Consultant Services Agreement (“Third Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and LAE Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following:

A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 20, 2023, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Consultant entered into that First Amendment to the Original Agreement dated as of November 19, 2024, which is incorporated herein by this reference (the “First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as (the “Agreement”); and
C. The City and the Consultant entered into that Second Amendment to the Original Agreement dated as of November 4, 2025, which is incorporated herein by this reference (the “Second Amendment”), which, Second Amendment, First Amendment, and Original Agreement collectively are referred to herein as (the “Agreement”); and D. The City and the Consultant desire to amend the Agreement to modify, amend and supplement certain portions thereof.

NOW, THEREFORE, the parties hereby agree as follows:

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

2. Revised Term of Agreement. This Third Amendment shall take effect on June 16, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement.

3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of One Hundred Thousand Dollars and Zero Cents ($100,000) per fiscal year. The First Amendment to the Agreement increased the not-to-exceed amount to One Hundred Seventy-Eight Thousand, One Hundred FiftyTwo Dollars and Zero Cents ($178,152.00) for the Fiscal Year 2024/25 only. After the end of the Fiscal Year and for Fiscal Year 2025/26, the not-to-exceed amount went back to ($100,000) per fiscal year.

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1450826.1
The Second Amendment increased the not-to-exceed compensation by Four Hundred Ninety-Nine Thousand, Eight Hundred Seventy Dollars and Zero Cents ($499,870.00) so that, the annual not-to-exceed amount, as amended by the Second Amendment, shall not to exceed Five Hundred Ninety-Nine Thousand, Eight Hundred Seventy Dollars and Zero Cents ($599,870.00) for Fiscal Year 2025/26 without the prior authorization of the City. The added not-to-exceed amount of Four Hundred Ninety-Nine Thousand, Eight Hundred Seventy Dollars and Zero Cents ($499,870.00) for FY2025/26 will be used for the additional tasks specific to a capital improvement project as attached to the Second Amendment and will be carried over in future fiscal years until the aforementioned tasks are completed without amendment to the Agreement.

This Third Amendment is to continue the on-call portion of the Agreement for Fiscal Years 2026/2027 and 2027/2028 with a not-to-exceed amount of One Hundred Thousand Dollars and Zero Cents ($100,000) per year that shall not increase without the prior authorization of the City. This One Hundred Thousand Dollars and Zero Cents ($100,000) per year will be separate from the remaining amount of the Four Hundred Ninety-Nine Thousand, Eight Hundred Seventy Dollars and Zero Cents ($499,870.00) authorization under the Second Amendment, which will carry over to future fiscal years per that Amendment.

4. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Third Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Agreement, the terms and provisions of this Third Amendment shall control.

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1450826.1
IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written.
“CONSULTANT” “CITY”
LAE ASSOCIATES, INC. CITY OF DIAMOND BAR
By: By:

Printed Name: Daniel Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

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City of Diamond Bar
On-Call Civil Engineering and Landscape Architectural Services

Page 1 of 1 ends

Fee Schedule
LAE’s hourly rates to perform the requested On-Call Civil Engineering and Landscape Architectural services will be in accordance with the hourly rates shown below. Team members will adhere to the needs of the City of Diamond Bar (City) to complete the requested tasks.

July 1, 2026, through June 30, 2028
with a three percent (3%) escalation clause to be approved by City. 1 Will be adjusted per Department of Industrial Relations (DIR’s) future increases. 2 The stated overtime rate applies to up to four hours of overtime on weekdays and/or up to eight hours of overtime on Saturdays. Any hours worked beyond these limits are billed at the applicable Sunday/holiday rate.

Role Hourly Rate
Principal-In-Charge $250
Senior Civil Engineer (P.E.) $205
Senior Project/Construction Manager (P.E.) $205
Senior Project/Construction Manager $200
Project/Construction Manager (P.E.) $190
Project/Construction Manager $185
Senior Construction Observer/Inspector (Prevailing Wages) 1 $170 Senior Construction Observer/Inspector – Monday to Friday Overtime, Saturday Overtime (Prevailing Wages) 1, 2 $210 Senior Construction Observer/Inspector – Sunday, Holiday Overtime (Prevailing Wages) 1 $240
Senior Analyst $155
Office Engineer/Engineering Coordinator $140
Junior Engineer $110
Junior Engineering Technician $90
Administrative/Technical Assistant $90
Actual Mileage (will be adjusted per IRS guidelines) $0.725/Mile Other Direct Cost (printing, travel, etc.) Actual

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1450826.1

SECOND AMENDMENT
TO

CONSULTANT SERVICES AGREEMENT
This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and TAIT & Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following:

NOW, THEREFORE, the parties hereby agree as follows:

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

2. Revised Term. This Second Amendment shall take effect July 1, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement.

3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Fifty Thousand Dollars and Zero Cents ($50,000.00).

Section 3 of the Original Agreement is hereby amended to provide for an increase of Fifty Thousand Dollars and Zero Cents ($50,000.00) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) each Fiscal Year without the prior authorization of the City.
4 Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall

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remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.

IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
TAIT & Associates, Inc. CITY OF DIAMOND BAR
By: By:

Printed Name: Daniel Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Jacob Vandervis Vice President, COO Page 526 of 655
1450826.1

FIRST AMENDMENT
TO

CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of June 16, 2026, by and between the City of Diamond Bar, a municipal corporation (“City”), and John L. Hunter & Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following:

NOW, THEREFORE, the parties hereby agree as follows:

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

2. Revised Term. This First Amendment shall take effect July 1, 2026, and shall continue until June 30, 2028, unless earlier terminated pursuant to the provisions of the Original Agreement.

3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Seventy-Four Thousand Seven Hundred and Seventy Dollars and Zero Cents ($74,770.00).

Section 3 of the Original Agreement is hereby amended to provide for an increase of Twenty-Five Thousand Two Hundred Thirty Dollars and Zero Cents ($25,230.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) each Fiscal Year without the prior authorization of the City.
4 Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.

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IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
John L. Hunter & Associates, Inc. CITY OF DIAMOND BAR
By: By:

Printed Name: Daniel Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

By:

Printed
Q..,..,
Name:
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Trtfe: \J; '-L- l7c,s, c-\1.~ .

Page 528 of 655 ends

John L. Hunter and Associates 6/8/2026
Fee Schedule
Company title Rate ($/hr)
Principal $239
Director $226
Senior Program Manager $213
Program Manager, Senior Engineer $199
Assistant Program Manager, Engineer $178
Lead Specialist, Lead Analyst $168
Senior Specialist, Senior Analyst $157
Specialist II, Analyst II $146
Specialist I, Analyst I $135
Administrative Assistant or Laborer $88
The fee schedule is subject to annual consumer price index (CPI) increases.

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Agenda Item #: 6.23
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Consultant Services Agreement with Prince Global Solutions, LLC.

STRATEGIC GOAL: Open, Engaged and Responsive Government RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Prince Global Solutions, LLC for Federal Advocacy Services through June 30, 2027.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Consultant Services Agreement is $50,500. The amount is based on a monthly retainer of $4,000 plus up to $2,500 in direct expenses. The Fiscal Year 2026/27 Operating Budget includes sufficient funds for such services.

BACKGROUND:

Prince Global Services, LLC, (PGS) has been providing Federal advocacy services directly to the City since 2017. The main focus of the Consultant's services has been on the City's efforts in collaboration with the local, regional, and federal partners to secure funds and support for the State Route SR-57/SR-60 Confluence Project (Project). Over the years, the City has been actively pursuing funding opportunities to expedite the Project delivery to ensure that the Project progresses without a suspension. These efforts led to the successful completion of the construction of Phases I and II of the Project, the design of Phase III, and filling the funding gap of the Phase III construction.

Now that Phase III of the Project is fully funded, and the construction work has commenced, the City will consider focusing on the missing Westbound SR-60 Direct Connector to the Grand Avenue component (WB Connector). The WB Connector was recommended by the 2017 SR-57/SR-60 Confluence Project Supplemental Needs Study (Study). The Study was supported by the City and other local and regional agencies and implemented by the Southern California Association of Governments (SCAG).

Additionally, the City is actively pursuing federal funding opportunities for a variety of projects with support from PGS. Most recently, PGS worked closely with Public Works staff to prepare a Fiscal Year 2027 Community Project Funding request for the Diamond Bar Civic Center Energy Resiliency Project. The application seeks $1.2 million in federal funding through Congresswoman Linda Sánchez's office. While there is no guarantee of funding, the request was accepted and referred to the House Appropriations Committee for consideration as part of the FY 2027 appropriations process.

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Agenda Item #: 6.23
Meeting Date: June 16, 2026
ANALYSIS:

On June 17, 2025, the City Council approved an agreement with the Consultant for Federal advocacy services. That agreement is set to expire on June 30, 2025. As a continuation of the advocacy work and consistent with the City's 2024-2027 Strategic Plan, PGS submitted a proposal in response to the City's request (Exhibit "A"). The Consultant's proposed scope of work for the Fiscal Year 2026/27 includes, but is not limited to, the following:

1. Work closely with the San Gabriel Valley Congressional delegation, Senate and House Committee staff, Federal Agency officials, and relevant stakeholder groups on matters that support the City’s Federal priorities.

2. Facilitate requests for Congressional earmarks to support City infrastructure projects, such as parks and community centers.

3. Support future City applications for funding from the Department of Transportation (DOT) and other agency discretionary grant programs;

4. As necessary and requested, continue advocating for the 57/60 Confluence Project before Congress and the Department of Transportation (DOT), as the Project's mainline improvements are underway and the City, LA Metro and the City of Industry are not currently pursuing Federal funding or policy initiatives for the Project. Whenever it becomes necessary, PGS will pursue any Federal funding or policy initiatives in support of the Project as directed by Diamond Bar;

5. Monitor and engage pertinent Congressional consideration of legislation that is of interest to the City;

6. Continue advocating for other policy measures and legislation that will assist the City in securing Federal funding to support local priorities;

7. Consider and monitor other legislation, regulations, and agency actions that would benefit or affect the City;

8. Consider and coordinate Congressional and DOT site visits to the City and otherwise as appropriate; and

9. Plan and coordinate the City’s visits to Washington D.C. as directed and recommend other visits when appropriate.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Agreement as to form.

PREPARED BY:

Nicholas Delgado, Management Analyst, Public Works
ATTACHMENTS:

1. Agreement with PGS

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1 Professional Services – Non Design
1450836.1

CONSULTANT SERVICES AGREEMENT
[Non-Design Professionals]
THIS AGREEMENT (the "Agreement") is made as of June 16, 2026 by and between the City of Diamond Bar, a municipal corporation ("City") and Prince Global Solutions, LLC, a California limited liability company ("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 Federal Advocacy 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.

David G. Liu, Public Works Director/City Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager

2. Term of Agreement. This Agreement shall take effect July 1, 2026, and shall continue until June 30, 2027 ("Term"), unless earlier terminated pursuant to the provisions herein.

3. Compensation.

A. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of the City in compliance with the scope of services set forth in Exhibit “A”.

B. The City shall pay Consultant a retainer in monthly increments of Four Thousand Dollars and Zero Cents ($4,000.00).

C. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty Thousand Five Hundred Dollars and Zero Cents ($50,500.00) without prior written consent of the City. This amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel, and all related expenses.

D. Notwithstanding the above, if the City requests Consultant to travel, Consultant shall, upon submission of receipts evidencing the costs incurred, be paid for necessary and reasonable travel expenses in an amount not to exceed Two Thousand Five Hundred Dollars and Zero Cents ($2,500.00).

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2 Professional Services – Non Design
1450836.1

4. Payment.

A. 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. Payment will be made only after submission of proper invoices.

D. City will pay Consultant the amount properly invoiced within 30 days of receipt, which sum shall be paid within 30 days of completion of the work.

E. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City.

B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

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3 Professional Services – Non Design
1450836.1
C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws.

D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board.

E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section.

8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.

9. Indemnification.

Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and
(2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that

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4 Professional Services – Non Design
1450836.1
the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater.

B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is

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authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.

E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.

F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.

H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant.

I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.

11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data 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.

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12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire.

13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

14. Conflict of Interest.

A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.

B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.

15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.

16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by

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Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services.

17. Non-Discrimination and Equal Employment Opportunity.

A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto.

Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work during the term.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. RESERVED.

21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no 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.

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22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

25. RESERVED.

26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy.

27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
“CONSULTANT” “CITY”
Prince Global Solutions, LLC City of Diamond Bar
P.O. Box 711572 21810 Copley Drive
Herndon, VA 20171 Diamond Bar, CA 91765-4178
Attn.: Kevin D. Jones Attn.: Dan Fox, City Manager
Phone: (202) 550-9800 Phone: (909) 839-7010
E-mail: [email protected] E-mail: [email protected]

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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. The venue for any action brought under this Agreement shall be in Los Angeles County.

29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.

IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Consultant" "City"
Prince Global Solutions, LLC 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:

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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.

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Agenda Item #: 6.24
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: First Amendment to Maintenance Services Agreement with Weatherproofing Technologies, Inc. for Maintenance Services through June 30, 2029.

STRATEGIC GOAL: Safe, Sustainable and Healthy Community RECOMMENDATION:

Approve, and authorize the City Manager to sign, the First Amendment to the Maintenance Services Agreement with Weatherproofing Technologies, Inc., through June 30, 2029.

FINANCIAL IMPACT:

The annual not-to-exceed amount of the proposed First Amendment to the Original Agreement will be $24,000 per Fiscal Year. Sufficient funds are included in the Fiscal Year 2026/27 Operating Budget to cover the cost of such services. No CPI was requested for this fiscal year.

BACKGROUND:

Over the past years, Weatherproofing Technologies, Inc. performance has met the City’s expectations. This satisfactory performance is evident in the condition of the roofs throughout the City facilities and in the success of the City’s roofing capital improvement projects.

As part of the contract, Weatherproofing Technologies, Inc. has provided the City with annual roof inspections and repairs at all the City's facilities, 24/7 leak response service, plans and specifications, project inspection services, and warranty management.

ANALYSIS:

This First Amendment will continue the comprehensive and proactive roof maintenance program, along with excellent services provided by Weatherproofing Technologies, Inc.

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Agenda Item #: 6.24
Meeting Date: June 16, 2026
LEGAL REVIEW:

The City Attorney has reviewed and approved the First Amendment as to form.

PREPARED BY:

Jason Williams, Maintenance Supervisor, Public Works
ATTACHMENTS:

1. Amendment to Maintenance Services Agreement Weatherproofing Technologies, Inc.

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Agenda Item #: 7.1
Meeting Date: June 16, 2026

CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
SUBJECT: Levying Assessments on Landscape Assessment District No. 38 for Fiscal Year 2026/27.

STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION:

A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and, B. Adopt Resolution No. 2026-25 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2026/27.

FINANCIAL IMPACT:

The District is projected to generate approximately $277,290. In addition, the City’s General Fund will contribute

9.53% to meet the required General Benefit. However, there will be a shortfall between the total revenue generated and the District's estimated expenditures, necessitating an additional contribution from the General Fund. Overall, the contribution from the General Fund is estimated at $88,378. Sufficient funding is included in the FY2026/27 Budget.

BACKGROUND:

As part of the assessment district updates, the City must undergo a three-step process. This is the final part of the process, where the City Council conducts a public hearing on the District’s proposed annual assessments, after which the Council will consider the related resolution confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XIIID of the California Constitution.

On April 7, 2026, the City Council adopted Resolution No. 2026-08, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 (District) and any assessment thereon for Fiscal Year 2026/27.

On May 19, 2026, the City Council adopted Resolution No. 2026-11, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the June 16, 2026, regular meeting.

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Agenda Item #: 7.1
Meeting Date: June 16, 2026
ANALYSIS:

The attached Engineer’s Report for the City’s Landscaping Assessment District Number 38 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments.

The number of parcels within the District is 18,486 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2025/26 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2026/27 is to remain at $15.00 per parcel. The assessments will be utilized to maintain the City’s medians and parkways.

The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operating expenses for sidewalks, streets, sewers, water, flood control drainage systems, or vector control.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution as to form.

PREPARED BY:

Nicholas Delgado, Management Analyst, Public Works
ATTACHMENTS:

1. Resolution No. 2026-25

2. LAD No. 38 Final Engineer's Report

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RESOLUTION NO. 2026-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR APPROVING THE CONTINUATION OF THE LEVY AND

COLLECTION OF ASSESSMENTS FOR CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR
2026-27.

WHEREAS, by Resolution No. 2026-11, the City Council approved the Engineer’s Report (“Report”) of the Engineer of Work related to City of Diamond Bar Landscaping Assessment District No. 38 (“District”) prepared pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.), known as the Landscaping and Lighting Act of 1972 (“Act”), which described the improvements thereon, and gave notice of and fixed the time and place of the public hearing on the question of assessment thereon for fiscal year 2026-27. A diagram of the area encompassed by the District is attached hereto as Exhibit A; and
WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar; and
WHEREAS, said hearing was duly and properly noticed, commenced in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California on June 16, 2026, and was concluded prior to the adoption of this Resolution; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond Bar as follows:

Section 1. The Recitals of this Resolution are in all respects true and correct.

Section 2. The City Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore.

Section 3. Based upon its review of the Report, and other reports and information, the City Council hereby finds that (i) the land within the District will be benefitted by the improvements specified in said 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 fiscal year 2026-27 fiscal year, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

Section 4. The improvements specified in the Report are hereby ordered to be completed.

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Resolution No. 2026-25
2 Section 5. The assessment diagram contained in the Report and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment is hereby levied for the fiscal year 2026-27.

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 2026-27.

Section 7. The City Council hereby certifies that the assessments to be placed on the 2026-27 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 Landscaping Assessment District No. 38.

Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection.

Section 12. The City Clerk shall certify to the adoption of this Resolution.

PASSED, ADOPTED AND APPROVED this 16th day of June 2026.

CITY OF DIAMOND BAR
_______
Steve Tye, Mayor
[Signatures continued on the following page]

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Resolution No. 2026-25
3 ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 16th day of June 2026, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
_______
Kristina Santana, City Clerk

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Resolution No. 2026-25
4 Exhibit A

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Fiscal Year 2026/27 Engineer’s Report For:

Landscaping Assessment District No. 38
May 2026

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TABLE OF CONTENTS

1. Engineer’s Letter.............................................................................................................1

2. Introduction ...................................................................................................................2

2.1 Background..............................................................................................................2

2.2 Process for Annual Assessment ..............................................................................2

2.3 Legislative Context ..................................................................................................3

3. Plans and Specifications..................................................................................................6

4. Estimate of Costs............................................................................................................8

4.1 District Budget.........................................................................................................8

4.2 Balance to Levy........................................................................................................8

5. Method of Apportionment............................................................................................ 10

5.1 Special Benefit.......................................................................................................10

5.2 General Versus Special Benefit .............................................................................12

5.3 Quantification of General Benefit.........................................................................13

5.4 Method of Assessment..........................................................................................16

5.5 Annual Assessment Calculation ............................................................................16

5.6 Duration of Assessment ........................................................................................16

5.7 Appeals and Interpretation ...................................................................................17

6. Assessment Diagram..................................................................................................... 18

7. Assessment Roll............................................................................................................ 19

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 2

2. INTRODUCTION

2.1 Background
The City services and maintains perimeter and median landscaping, and other improvements (the “Improvements”) to various parts of the City. In order to fund the maintenance and operation (the “Services”) of these improvements, the District was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report (the "Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the Fiscal Year 2026/27 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 Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Landscape and Lighting Act of 1972, and Article XIII D.

2.2 Process for Annual Assessment
As required by the procedures specified in the Act, an Engineer’s Report must be prepared on an annual basis which contains a full and detailed description of the improvements, the boundaries of the assessment district, and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district.

The City Council must also annually adopt a Resolution of Intention which:
• Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein.
• Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements.
• Refers to the assessment district by its distinctive designation and indicates the general location of the assessment district.
• Refers to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment.
• States whether the assessment is proposed to increase from the previous year.

If the assessments are to be levied in the same or lesser amounts than the maximum assessment allowed, the City Clerk shall give notice of the public hearing by causing the Resolution of Intention to be published.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 3 improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218.

The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the report. If confirmed, the assessments would be submitted to the County Auditor Controller for inclusion on the property tax roll.

Beginning in 2025, NBS became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited with footnotes, as appropriate.

2.3 Legislative Context
In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments.

Article XIII D imposes four basic substantive requirements on assessments1:
• All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified;
• The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each parcel must be determined in relationship to the entirety of the capital improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided; and • The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and does not include any costs attributable to the general benefit.

Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below.

GENERAL BENEFIT
Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 4 The Court of Appeal in Beutz v. County of Riverside (2010) (“Beutz”) 3 quoted from the Legislative Analyst’s
Office pamphlet titled “Understanding Proposition 218” which states an agency must, “estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit.” The Court in Beutz furthered this idea stating, “Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.”
The Court of Appeal in Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority (2008) (“SVTA”)
4 clarified that general benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. The “public at large” includes all members of the public, including those who live, work, and shop within the district, and not simply transient visitors.

BENEFIT-BASED NOT COST-BASED
In Bonander v. Town of Tiburon (2009) (“Tiburon”)
5 , the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district.”
The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property.”

PUBLIC PROPERTY
Section 4, Subdivision (a) of Article XIII D states, in part, “Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Historically there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed.

The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017)6clarified this issue by stating, “Section 4, Subdivision (a) of Article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit.”
3 Beutz v. County of Riverside, 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) 4 Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority, 44 Cal. 4th 431 (2008). 5 Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007) 6 Manteca Unified School District v. Reclamation District No. 17 et al, C077906 (Cal. Ct. App. 2017)

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 5

IMPRECISION
The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision.” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits, however, it must be both defensible and consistently applied.”

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 6

3. PLANS AND SPECIFICATIONS
The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the District defined in the Method of Assessment herein. Consistent with the Act, the improvements are generally described as follows:

MEDIANS
The landscaped islands to be maintained by the District are located as follows:
• Diamond Bar Blvd
• Grand Ave
• Golden Springs Dr – 57 freeway overcrossing to West City Limits • Golden Prados Dr – Golden Springs Dr to Hopi St
• Tin Dr – Great Bend Dr to Diamond Bar Blvd
• Lemon Ave – Lycoming St to Golden Springs Dr
• Sunset Crossing Rd – 57 freeway off-ramp to Prospectors Rd • Prospectors Rd – at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr • Pathfinder Rd at Brea Canyon Rd (east of 57 freeway)

PARKWAYS
The landscaped parkways to be maintained by the District are located as follows:
• Grand Ave – Summit Ridge to Diamond Bar Blvd, north side • Temple Ave – Diamond Bar Blvd to Golden Springs Dr, south side • Golden Springs Dr – Ballena Dr to End of cul-de-sac
• Golden Springs Dr – El Encino Dr to Platina Dr
• Golden Springs Dr – Rancheria Rd to end of cul-de-sac • Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd • Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac • Brea Canyon Rd – at Gerndal St
• Golden Springs Dr – at Adel Ave
• Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides • Sunset Crossing Rd – Big Falls Dr to Chapparal Dr

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 7

TURF AREAS
The landscaped turf areas to be maintained by the District are located as follows:
• Diamond Bar Blvd – at Gold Rush Dr
• Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond • Bar Center
Installation, maintenance, and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, graffiti removal and repainting, labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District.

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 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; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing - means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (according to Streets & Highways Code §22526).

Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments.

The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 8

4. ESTIMATE OF COSTS

4.1 District Budget
Fiscal Year 2026/27 estimated costs of maintenance and servicing the Improvements as described in the Plans and Specifications of this Report are summarized below.

Description
Proposed
FY 2026/27 Costs
Salaries & Benefits (subsidized by General Fund) $57,746 Advertising 3,000
Utilities 102,800
Maintenance of Grounds/Buildings 30,000
Professional Services 7,500
Landscape Maintenance 150,000
Tree Maintenance 10,000
Total Estimated Expenditures $361,046
Contributions from Other Sources (1) (83,756)
Fiscal Year 2026/27 Net Amount to be Assessed (2) $277,290 (1) Includes City General Fund contribution.
(2) The net available 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.

A list containing the Fiscal Year 2026/27 assessment and number of parcels proposed to be assessed is included in Section 7 of this Report.

4.2 Balance to Levy
The following table shows the total costs, additional revenues and contributions, and the Balance to Levy for Fiscal Year 2026/27.

Description Amount
Salaries & Benefits $57,746
Operating Expenses & Services 303,300
Total District Costs $361,046
Contribution to (from) Operational Reserves 0
Other Revenue Sources (1) (83,756)
Balance to Levy $277,290
(1) Includes City General Fund contribution.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 9 Total District Costs - Includes the personnel services, maintenance, and operations, capital (including capital replacement costs), indirect costs, and equipment.

Contribution to (from) Operational Reserves - The operational reserves item provides funds to operate the District from the time period of July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. This eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. Negative amounts shown here are transfers that are used to reduce the Balance to Levy.

Other Revenue Sources - The amount of additional funds designated for use by the District that are not from District assessments. These funds are added to the District account to reduce assessments and may be from either non-District sources including City General Fund contributions or District sources including interest earnings.

Balance to Levy - The total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of the total direct and administration costs, reserves, contributions, and other revenue sources.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 10

5. METHOD OF APPORTIONMENT
The following section includes an explanation of the benefits to be derived from the Improvements throughout the District, as well as a description of the assessment methodology used to apportion the total assessment to properties within the District.

The Fiscal Year 2024/25 Engineer’s Report was prepared by a different engineer of record and specific language from the Fiscal Year 2024/25 Engineer’s Report 7 has been referenced to describe the Method of Apportionment within the following section of this Report.

The District consists of all assessor parcels within the boundaries as defined by the Assessment Diagram included with this Report. Further, all assessor parcels, including all privately and publicly owned parcels, are identified by Assessor Parcel Numbers listed within the included assessment roll. The method used for apportioning the assessment is based on the proportional 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 the 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.

5.1 Special Benefit
The improvements are expected to confer certain special benefits to the parcels within the District.

Pursuant to the Prior Engineer’s Report, the special benefit conferred to parcels is more fully described as follows:

The following benefit categories summarize the types of special benefit to residential, commercial, industrial, and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows:

A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District.

B. Access to Improved landscaped areas and Other Public Improvements within the District.

C. Improved Views within the District.

D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.

The SVTA decision provides enhanced clarity to the definitions of special benefits from landscaping and parks to properties in three distinct areas: proximity, expanded or 7 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”).

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 11 improved access, and views. The SVTA 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 decision also provides specific guidance that setback landscaping is a direct advantage and special benefit to property that is proximate to a landscaped area 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. 8 Pursuant to the Prior Engineer’s Report, the primary special benefits on landscaping are as set forth below:

1. Beautification of the streets which are used by all of the residents in Diamond Bar.

2. A sense of community pride resulting from well-maintained green spaces.

3. The enhancement of the value of property, which results from the foregoing benefits.

In addition, the following special benefits are identified in the Prior Engineer’s Report:

PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share.

In absence of the assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair.

Therefore, the assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District.

ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the assessments.

This is a direct advantage and special benefit to property in the District. 8 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”).

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 12

IMPROVED VIEWS WITHIN THE DISTRICT
The City, by maintaining permanent public improvements funded by the assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the assessments are another direct and tangible advantage that is uniquely conferred upon property in the District.

EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE

PROXIMITY TO THE IMPROVEMENTS
In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial, and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements.

5.2 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
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 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.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 13 A formula to estimate the general benefit is listed below:

General
Benefit =
Benefit to Real
Property Outside
the District
+
Benefit to Real
Property Inside the
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 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.

5.3 Quantification of General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general.

General benefits cannot be funded by these assessments – the funding must come from other sources.

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.

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.

Since the properties outside the District with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views.

Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows.

Assumptions based on the status of parcels in the District at the time of the initial benefit calculation:

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 14 • 18 Parcels Outside the District
• 18,422 Parcels In the District
Calculation of General Benefit to Property Outside the District: 18 / (18 + 18,422) = 0.10%.

BENEFIT TO PROPERTY INSIDE THE DISTRICT 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 decision indicates there may be general benefit “conferred on real property located in the district.” A measure of the general benefits to property within the assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines, and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District.

BENEFIT TO THE PUBLIC AT LARGE
The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers, or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements – and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park.

One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District.

Of the four ways benefits are conferred (proximity, access, views, extension of a property’s green space, and creation of lots), the only benefit that is conferred by way of pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident.

Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by nonresidents is 50% of all vehicle trips. Therefore 50% of 10% = 5.00% of the benefits from the other Improvements are general benefits to the public at large.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 15

TOTAL GENERAL BENEFITS
Using a sum of these three measures of general benefit, approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.

Landscaping General Benefit Calculation
Outside the District 0.10%
Inside the District 4.43%
Public At Large 5.00%
Total General Benefit 9.53%
Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, it was determined a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits.

CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY
This general benefit cannot be funded from the assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of inlieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District’s assessments.

A summary and quantification of these other contributions from the City is discussed below:

The City owns, maintains, rehabilitates, and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements.

The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%.

The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 5%.

The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%.

The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 10%.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 16 The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non-assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City.

5.4 Method of Assessment
The development of an assessment methodology requires apportioning benefit to determine the relative special benefit for each property. The precise language from the Prior Engineer’s Report is included below:

The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value.

The primary benefits on landscaping are set forth below:

1. Beautification of the streets which are used by all of the residents in the City.

2. A sense of community pride resulting from well-maintained green spaces.

3. The enhancement of the value of property, which results from the foregoing benefits.

The existing land use information indicates that well over 90 percent of the parcels within the City are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.9

5.5 Annual Assessment Calculation
The assessment per parcel is $15. For Fiscal Year 2026/27 the amount of the Assessment for the District is not increased from prior years.

5.6 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 for the improvements in the District. As noted previously, the assessment can continue to be levied annually after the City Council approves an annually updated 9 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”).

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 17 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.

5.7 Appeals and Interpretation
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.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 18

6. ASSESSMENT DIAGRAM
The boundary of the District is coterminous with the City limits. The parcels to be assessed in the District 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 shown on the maps of the County Assessor of the County of Los Angeles, at the time this Report was prepared, and are incorporated by reference herein and made part of this report.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2026/27 Engineer’s Report 19

7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel subject to the assessment, shall be based on the County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels subject to the assessments for Fiscal Year 2026/27, along with the assessment amounts, is on file in the office of the City Engineer and incorporated herein by reference.

Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the charge amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method outlined in the method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

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Agenda Item #: 7.2
Meeting Date: June 16, 2026

STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION:

A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and, B. Adopt Resolution No. 2026-26 to levy and collect assessments for Landscape Assessment District No. 39- 2022 for Fiscal Year 2026/27.

FINANCIAL IMPACT:

The District will generate an estimated amount of $708,703. Additionally, there will be 6.62% of that generated amount from the City’s General Fund contribution to fulfill the required General Benefit (estimated at $42,638), and a Carryover Fund Balance of $263,134. Sufficient Funding is included in the FY2026/27 Budget.

BACKGROUND:

As part of the assessment district updates, the City must undergo a three-step process. This is the final part of the process where the City Council conducts a public hearing on the District’s proposed annual assessment, after which the Council will consider the related resolution confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XIIID of the California Constitution.

On April 7, 2026, the City Council adopted Resolution No. 2026-09, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 (District) and any assessment thereon for Fiscal Year 2026/27.

On May 19, 2026, the City Council adopted Resolution No. 2026-12, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the June 16, 2026, regular meeting.

ANALYSIS:

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Agenda Item #: 7.2
Meeting Date: June 16, 2026
The attached Engineer’s Report for the City’s Landscaping Assessment District Number 39-2022 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments.

The latest number of parcels within the District is 1,246 parcels. The Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the District. Said estimated cost results in a proposed Single-Family Equivalent (“SFE”) assessment rate of $583.63 for Zone A, $569.04 for Zone B, and $539.86 for Zone C for Fiscal Year 2026/27. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding. The annual CPI from December 2024 to December 2025 was 3.01%.

The assessments will be utilized for the general maintenance of slopes, open space areas, and the five (5) mini parks within the District.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution as to form.

PREPARED BY:

Nicholas Delgado, Management Analyst, Public Works
ATTACHMENTS:

1. Resolution No. 2026-26

2. LAD No. 39-2022 Final Engineer's Report

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RESOLUTION NO. 2026-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR APPROVING THE CONTINUATION OF THE LEVY AND

COLLECTION OF ASSESSMENTS FOR CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39-2022 FOR FISCAL
YEAR 2026-27.

WHEREAS, by Resolution No. 2026-12, the City Council approved the Engineer’s Report (“Report”) of the Engineer of Work related to City of Diamond Bar Landscaping Assessment District No. 39-2022 (“District”) prepared pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.), known as the Landscaping and Lighting Act of 1972 (“Act”), which described the improvements thereon, and gave notice of and fixed the time and place of the public hearing on the question of assessment thereon for fiscal year 2026-27. A diagram of the area encompassed by the District is attached hereto as Exhibit A; and
WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar; and
WHEREAS, said hearing was duly and properly noticed, commenced in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, on June 16, 2026, and was concluded prior to the adoption of this Resolution; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond Bar as follows:

Section 1. The Recitals of this Resolution, are in all respects true and correct.

Section 2. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore.

Section 3. Based upon its review of the Report, and other reports and information, the City Council hereby finds that (i) the land within the District will be benefitted by the improvements specified in the Report, (ii) the District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within the District for the fiscal year 2026-27, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

Section 4. The improvements specified in the Report are hereby ordered to be completed.

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Resolution No. 2026-26
2 Section 5. The assessment diagram contained in the Report and the assessment rate of $583.63 per Single-Family Equivalent (“SFE”) (which equates to $583.63 for Zone A, $569.04 for Zone B, and $539.86 for Zone C) are hereby adopted and confirmed and said assessment is hereby levied for the fiscal year 2026-27.

Section 8. The assessments are levied without regard to property valuation.

Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection.

Section 12. The City Clerk shall certify to the adoption of this Resolution.

PASSED, ADOPTED AND APPROVED this 16th day of June 2026.

CITY OF DIAMOND BAR
______
Steve Tye, Mayor
[Signatures continued on the following page]

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Resolution No. 2026-26
3 ATTEST:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Kristina Santana, City Clerk

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Resolution No. 2026-26
4 Exhibit A

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Fiscal Year 2026/27 Engineer’s Report For:

Landscaping Assessment District No. 39-2022
May 2026

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