HomeMy WebLinkAbout06/20/1989Councilman John Forbing
Councilman Gary G. Miller
Councilman Gary H. Werner
Mayor Pro Tem Paul V. Horcher
Mayor Phyllis E. Papen
Next Resolution No -52
Next Ordinance No.
THANK YOU FOR NOT SMOKING, DRINKING OR EATING
IN THE COUNCIL CHAMBERS
AGENDA FOR THE REGULAR ADJOURNED MEETING OF
THE DIAMOND BAR CITY COUNCIL
MARGIN NOTES
June 20, 1989 -- 6:00 P.M. -- City Hall
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
APPEARANCES, PRESENTATIONS. PROCLAMATIONS:
PUBLIC HEARINGS:
1. VEHICLE CODE PROVISIONS - TRACT NOS. 42825
AND 42826 - City Council will consider
adopting Resolution No. 89- , applying the
provisions of Vehicle Code Section 21117.5 to
certain private streets within the subject
tract.
PUBLIC COMMENT PERIOD:
Citizen participation is invited at all
Council meetings. To insure that all Diamond
Bar residents have a fair opportunity to
appear before the City Council, a Public
Comment period is included on each regular
City Council Agenda. Council policy is that
individual presentations not exceed five
minutes. The Council will hear public
comments regarding regular agenda items at
the time the particular matter is presented
for Council consideration. The Council will
make no decisions or take any action on those
matters presented during the Public Comment
period.
1
Councilman John Forbing Next Resolution No.
Councilman Gary G. Miller Next Ordinance No.
Councilman Gary H. Werner
Mayor Pro Tem Paul V. Horcher
Mayor Phyllis E. Papen
CITY COUNCIL COMMENT PERIOD:
CONSENT CALENDAR
2. APPROVAL OF MINUTES - It is recommended City
Council approve the Minutes of the Regular
Meeting of June 6, 1989 as submitted. t;?,7Peit61e0 O-"
hc-1-- & -7
3. CLAIMS AGAINST THE CITY - It is
recommended City Council deny the claim as
filed by Carl Hoyer and Michael Lauxen.
4. WARRANT REGISTER - It is recommended City
Council approve the warrant register dated
June 20, 1989 in the total amount of
$51,251.96.
5. STATEMENT OF INVESTMENT POLICY - It is
recommended City Council adopt Resolution
No. 89- , adopting the City's statement of
investment policy.
6. SELF INSURANCE FUND - It is recommended
City Council adopt Resolution No. 89- ,
establishing a self-insurance fund, setting
forth the purpose of said fund,
providing appropriations therefore, and
making certain other determinations in
connection therewith.
7. PARK POLICY - The City will have the
responsibility for the Parks transferred
from the County effective July 1, 1989. It
is recommended the Council adopt the County
Policy, as amended to regulate the
consumption and sale of alcoholic beverages
at the City owned parks. !r and 3001'cq5-
8. PARK AND LANDSCAPE DISTRICT CONTRACT -
Acceptance of assignment of maintenance
contracts for City parks and landscape
districts 38, 39 and 41.
2
Councilman John Forbing Next Resolution No -51
Councilman Gary A. Miller Next Ordinance No. 1.5
Councilman Gary H. Werner
Mayor Pro Tem Paul V. Horcher
Mayor Phyllis E. Papen
NEW BUSINESS
9. COMMERCIAL DEVELOPMENT - It is recommended
City Council consider an interim Ordinance
regarding commercial development within the
City.
10. CONSTRUCTION ACTIVITIES - DESIGN REVIEW
COMMITTEE/COMMISSION - It is recommended
City Council discuss and determine consensus
regarding design review and approval process
for construction activities, and consider
an Ordinance establishing Design Review
Committee/Commission.
OLD BUSINESS
11. BUDGET - City Council will continue
review and discussion of the budget for
fiscal year 1989-90.
ORDINANCES AND RESOLUTIONS:
12. SOUTHERN CALIFORNIA EDISON COMPANY -
It is recommended City Council adopt,
by title only, Ordinance No. 12-(89) AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR GRANTING TO SOUTHERN
CALIFORNIA EDISON COMPANY, A CALIFORNIA
CORPORATION, ITS SUCCESSORS AND ASSIGNS,
THE RIGHT, PRIVILEGE AND FRANCHISE TO
INSTALL, MAINTAIN AND USE POLES, WIRES,
CONDUITS, AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS NECESSARY OR PROPER
THEREFOR, FOR TRANSMITTING AND
DISTRIBUTING ELECTRICITY FOR ANY AND ALL
PURPOSES IN, ALONG, ACROSS, UPON, OVER AND
UNDER THE PUBLIC STREETS, HIGHWAYS,
ROADS, ALLEYS AND PLACES, AS THE SAME
NOR OR MAY HEREAFTER EXIST, WITHIN THE
CITY OF DIAMOND BAR, and waive further
reading.
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Councilman John Forbing Next Resolution No -51
Councilman Gary A. Miller Next Ordinance No. 15
Councilman Gary H. Werner
Mayor Pro Tem Paul V. Horcher
Mayor Phyllis E. Papen
13. SOUTHERN CALIFORNIA GAS COMPANY - It is
recommended City Council adopt, by title
only, Ordinance No. 13-(89) AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, GRANTING TO SOUTHERN CALIFORNIA GAS
COMPANY, A CALIFORNIA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE
AND FRANCHISE TO INSTALL, MAINTAIN AND USE
PIPES AND APPURTENANCES FOR TRANSMITTING AND
DISTRIBUTING GAS FOR ANY AND ALL PURPOSES
ALONG, CROSS, UPON, UNDER AND IN THE
PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS
AND PLACES, AS THE SAME NOR OR MAY
HEREAFTER EXIST, WITHIN THE CITY OF
DIAMOND BAR, and waive further reading.
ANNOUNCEMENTS:
This is the time set aside for any City
Councilmember to direct staff regarding
any matters to be discussed at the next
regular meeting.
CLOSED SESSION
S.B. County v. County of Los Angeles
Litigation Section 54956.9
ADJOURNMENT:
4
RESOLUTION NO. 89-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR PROVIDING THAT THE PROVISIONS
OF THE CALIFORNIA VEHICLE CODE SHALL APPLY TO
CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS,
MORE PARTICULARLY DESCRIBED HEREIN, WITHIN THE
CITY OF DIAMOND BAR.
A. Recitals.
(i) California Vehicle Code Section 21107.5(a)
provides, in pertinent part, as follows:
"Any city may, by . resolution, find and
declare that there are privately owned and maintained
roads as described in said . . . resolution within the
city that are generally held open for use of the public
for purposes of vehicular travel and which are so
connected with highways that the public cannot determine
that such roads are not highways. . . . Upon enactment
by a city . . . of such [a) . . . resolution, the
provisions of this code shall apply to any such
privately owned and maintained road, except as provided
in subdivision (b)."
(ii) California Vehicle Code Section 21107.5(b)
provides, in pertinent part, as follows:
"Notwithstanding the provisions of subdivision (a)
no . . . resolution enacted thereunder shall apply to
any road described therein on which the owner has caused
to be erected a notice of such size, shape and color as
to be readily legible during daylight hours from a
distance of 100 feet to the effect that"the road is
privately owned and maintained and that it is not
subject to public traffic regulations or control."
(iii) There are, within the City of Diamond Bar and
within Tract Nos. 42585 and 42586, certain roads which are owned,
at present, by South County Corporation, a California
corporation, and which, upon completion and acceptance by this
1
City Council will become public streets. Said roads are now
generally held open to the public for purposes of vehicular
travel. The location of said roads (hereinafter referred to as
"said roads") is specifically depicted and colored in red on
Exhibit "A" attached hereto and incorporated herein by reference.
(iv) The owner of said roads has been informed that
the City of Diamond Bar desires to enforce Vehicle Code'
provisions thereon and said owner has received written notice, as
required by California Vehicle Code Section 21107.5(c), of a
public hearing to be conducted on the subject matter of this
Resolution more than ten days prior to such hearing. Said
hearing was conducted and concluded prior to the adoption of this
Resolution.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, be it found, determined and resolved by
the City Council of the City of Diamond Bar as follows:
1. In all respects, as set forth in the Recitals,
Part A, of this Resolution.
2. This City Council hereby specifically finds,
declares and resolves that said roads are generally held open to
the public for vehicular travel and that by reason of their
proximity to and connection with highways the interests of the
residents now and to be residing along said roads and the
motoring public will be served by the application of the
provisions of the California Vehicle Code to said roads.
3. This Resolution shall become effective immediately
upon adoption thereof and the provisions of the California
Vehicle Code shall apply to said roads.
4. The Deputy City Clerk shall:
(a) Certify to the adoption of this Resolution;
and
(b) Forthwith transmit a certified copy of this
Resolution to the Los Angeles County Sheriff's Department and to
the Municipal Court.
1989.
ADOPTED AND APPROVED this 20th day of June ,
/s/ PHYLLIS E. PAPEN
Mayor
I, TOMMYE NICE, Deputy City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Resolution was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the ?nth day of June , 1989, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the 2nth day of June ,
1989, by the following vote:
3
AYES: COUNCIL MEMBERS: FORBING, WERNER, Mayor Pro Tem
HORCHER and Mayor PAPEN
NOES: COUNCIL ME14BERS: NONE
ABSENT: COUNCIL MEMBERS: MILLER
ABSTAINED: COUNCIL MEMBERS: NONE
ATTEST: /sf TnMMVF A NTrF
Deputy,City Clerk of the
City of Diamond Bar
S11)IMESOPARK DB 5.4% 4
T,.act /Vos,
42585
42586
CHWO HILLS
61,
All
Ir,
17
I CHINO H14LS
"A"
EXHMIT
TRUE AND CORRECT COPY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DIAMOND BAR
I, TOMMYE A. NICE , Deputy City Clerk of
the City of Diamond Bar, California, DO HEREBY CERTIFY, under
penalty of perjury, that the attached is true and correct copy
of RESOLUTION NO 89-54
of which the original document is on file in the Office of the
City Clerk.
Executed at Diamond Bar, California this 23rd day of
21inp- 1989
l
TOMMYE A. NICE
Deputy City Clerk of the
City of Diamond Bar
YLTiRAV FICIASM
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$L .96
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Jobs bailable
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RESOLUTION NO. 89-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA,
ADOPTING THE STATEMENT OF INVESTMENT POLICY
WHEREAS, the City of Diamond Bar was incorporated on
April 18, 1989, and
WHEREAS, it is necessary to annually adopt the city
investment policy as provided for in Government Code Section
53636, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Diamond Bar that the attached Statement of
Investment Policy (Administrative Instruction 89-1) be adopted
as presented herein.
PASSED, APPROVED AND ADOPTED by the City Council of
the City of Diamond Bar on this day of , 1989.
Mayor
I, , City Clerk of the
City of Diamond Bar, do hereby certify that the foregoing
Resolution was introduced at a regular meeting of the City
Council of the City of Diamond Bar held on the day of
1989, and was finally passed at a regular meeting of
the City Council of the City of Diamond Bar held on the
day of , 1989, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the
City of Diamond Bar
RESOLUTION NO. 89-
A RESOLUTION ESTABLISHING THE CITY OF DIAMOND BAR
SELF-INSURANCE FUND, SETTING FORTH THE PURPOSE
OF SAID FUND, PROVIDING APPRORIATIONS THEREFORE
AND MAKING CERTAIN OTHER DETERMINATIONS IN
CONNECTION THEREWITH
WHEREAS, the City Council of the City of Diamond
Bar has adopted a program of self-insurance in addition to the
purchase of insurance as the means of protecting the City's
assets against liability losses; and,
WHEREAS, it is the desire of the City Council to
establish a formal method for the funding of dollars ($) to pay
anticipated self-insured losses; and,
WHEREAS, the State of California provides that any
local government may establish a self-insurance reserve fund;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, TO -WIT:
Section 1. There is hereby created a special
revenue fund in accordance with the California Government Code.
Section 2. The purpose of said fund shall be to
pay all self -assumed losses under this program and all other
costs properly relating thereto, including but not limited to
attorney fees, adjusting services and administration.
Section 3. Contributions to said fund shall be
pro -rata from all other City funds afforded protection under
this program based upon each of the fund's exposure to
liability. Funding shall be as follows:
1
Subsection A. During the Fiscal Year 1988-89,
$25,000 or amount equal to the
expenses of said fund, whichever is
greater.
Subsection B. During fiscal years subsequent to
the Fiscal Year 1988-89, $100,000,
or an amount equal to twice the
amount of paid and reserve losses
during the proceeding fiscal year,
or amount equal to the expenses of
said fund, whichever is greater.
Subsection C. At any time the fund balance equals
or exceeds $1,000,000, no further
contribution shall be required.
Section 4. All interest earned by the City of
Diamond Bar Insurance Reserve Fund shall be credited to said
fund until the fund balance equals or exceeds $1,000,000, at
which time all interest earned may be credited to the City of
Diamond Bar Fund.
Section 5. The method of controlling revenues,
expenditures, reserves and surpluses of said fund shall be in
accordance with generally accepted accounting principles and in
accordance with the laws of the City of Diamond Bar and the
State of California.
Section 6. Appropriations in the amount of
$25,000, as set forth and prescribed by the State Department of
Taxation, are hereby established for the Fiscal Year 1988-89.
E
Section 7. The City Manager of the City of
Diamond Bar is hereby authorized and directed to carry out the
provisions of this resolution.
PASSED, APPROVED AND ADOPTED this of
, 1989.
Mayor
, City Clerk of the City
of Diamond Bar, do hereby certify that the foregoing Resolution
was introduced at a regular meeting of the City Council of the
City of Diamond held on the day of , 1989, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the day of ,
1989, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
City Clerk
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PHYLLIS PAPEN
Mayor
PAUL V. HORCHER
Mayor Pro Tem
GARY MILLER
GARY WERNER
JOHN FORBING
Councilmembers
ROBERT L. VAN NORT
4Mty Manages
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 330
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860-2489
June 13, 1989
TO: Phyllis Paper, Mayor
Paul Horcher, Mayor Pro -Tem
John Forbing, Councilman
Gary Miller, Councilman
Gary -Werner, Councilman
FROM: Rud La kner
Acting Planning Director
SUBJECT: COMMERCIAL DEVELOPMENT POTENTIAL
Pursuant to your request of June 6, 1989, the
potential for additional commercial development
within the City has been analyzed. Emphasis was
placed on locations that have both a commercial
zoning designation and a commercial plan
designation, thereby ensuring conformance with the
"Harmony Ordinance" (Section 22.12.090 of the City
Code) .
An analysis of development status, zoning, and plan
designation was used to locate those commercial
properties with a development potential. Those
undeveloped or underdeveloped locations identified
as having potential are as follows:
Diamond Bar
Location Zone Community Plan
1. North side of C-2 BE None
Colima Rd. A-1-15000 (Reco: C)
between Lemon zv,
Avenue and
Banning Way,
Status
The C-2 BE portion
has been developed
commercially. A
request to change
the A -1-15K portion
to C -3 -DP -BE is
currently pending
(ZC 88555). Accom-
panying this is a
request for a 100
room motel (CUP
88555).
2
2.
North side of
C-3 BE
None
Vacant
Colima Rd.
(Reco: C)
Note: the rear of
approx. 600 ft.
this property abutts
easterly and
the Pomona Freeway.
westerly of
Rapidview
3.
Northerly of
C -H DP
None
Partially developed
intersection of
CPD
(Reco: C)
with a church, a
Brea Cyn. Rd.
C-3
nursery, and an auto -
and Via Sorella
repair shop. A por-
tion of this location
is vacant.
4.
West side of
C -3 -DP -BE
None
Partially developed with
Grand Avenue
(Reco: C)
a Honda Dealership. The
directly north
remainder is vacant.
of the Pomona
Freeway
5.
East side of
R-3 8000-25U
C
Vacant
Diamond Bar
Steep terrain.
Blvd. northerly
of the Pomona
Freeway
6.
Northerly of the
C-1
C
The C-1 portion is
intersection of
C-2 BE
developed. The C-2
Golden Springs
portion is also devel-
Dr. and Torito Ln.
oped, but appears un-
occupied and a possible
site for redevelopment.
Location Zone
7. South side of C-2 BE
Torito Ln. approx.
150 ft. westerly
of Golden Springs Dr.
8. South side of C-2 BE
Grand Ave. approx.
1,000 ft. easterly
of Golden Springs Dr.
9. A triangular C-2 BE
piece on the north
side of Golden
Springs Dr. and
easterly of the
Pomona Freeway
10.
Southeasterly of CPD
the intersection
of Brea Cyn. Rd.
and Diamond Bar
Blvd.
P BE
11. East side of
Brea Cyn. Rd.
between Lycoming
and the Pomona
Freeway.
3
Diamond Bar
Community Plan
C
C
C
Status
Vacant
Vacant
Vacant
C -Vacant
A request for change.
of zone to C-3.
k -"s q, c W we-�
None Primarily used for RV
(Reco: I or C) sales and storage. A
portion of this site is
vacant.
12. Gateway Center CM -BE I&O Certain sites have been
developed, but the
majority are vacant.
NOTE: The concept of adding a - DP designation to the zoning
for the Gateway Center was discussed. However, this would
require that a conditional use permit be approved for the
development of each site and the resultant delay might adversely
impact desired clientele. In lieu of DP zoning, the Board of
Supervisors required that a unilateral contract be recorded
creating very restrictive CC&R's to regulate permitted uses and
desired design.
Properties that have been developed commercially and have the proper
commercial zoning and plan classification are shown in red on the display
map. While these properties have been developed with the appropriate
permits, future structural changes, intensification or changes in use may
warrant a new discretionary review by the City.
RL:cpa
_r i_i F4 - 1 c - .-: •iiA T H u 1 14 .= r7 H F: K: h1 r i ha al
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF TIME CITY
or DIAMOND BAR ADOPTING AN INTERIM ZONING
ORDINANCE PURSUANT TO TH9 PROVISIONS OF
CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. R@aitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the
state of California. On said date, the City Council adopted its
Ordinance No. 1, thereby adopting by reference the Los Angeles
County Code as the ordinances of the City of Diamond Bar,
including Title 22 thereof setting forth the applicable planning
and zoning regulations for the City of Diamond Bar. (Hereinafter
said Title 22 shall be referred to as the "Zoning Ordinance.")
(ii) With the recent incorporation of the City of
Diamond Bar, the City Council has examined the existing
Los Angeles County General Plan, Zone District Plan and Zoning
Ordinance as it pertains to existing and potential development in
the City of Diamond Bar. Such examination has revealed that
there are areas within the City which do not provide a stable
transition of densities and/or uses and are, as such,
incompatible with adjacent zones and uses. The City Council has
not adopted the existing Los Angeles County General plan (as the
same would apply to the City of Diamond Bar) and action on
development applications, as to required consistency to
an adopted General Plan, has taken place pursuant to the terms
1
and provisions of California Government Code Section 65360.
Additionally, such examination has revealed that the development
review scheme encompassed within the Zoning ordinance does not
anticipate any review by City staff or the City Council prior to
approval of certain projects. More specifically, commercial and
office developments within those zones specified in Chapter 22.28
of the Zoning Ordinance could receive full development approval
without any such local review. Lacking both an adopted General
Plan, and a consistent local review of development, such a
development approval scheme does not contribute to appropriate
community development and would frustrate effective long-range
planning efforts within the City of Diamond Bar.
(iii) in recognition of the need for effective long-
range planning criteria, the City Council has directed staff of
the City to study and formulate amendments to the Zoning
Ordinance to assure adequate local review of proposed development
pending the adoption of the ultimate General Plan and development
criteria for the City of Diamond Bar.
(iv) There are presently pending applications for
development, the approval of which would not conform to the
contemplated General Plan or development approval scheme and
would contradict the specific purposes for such zoning ordinance
amendments and the adoption of a unified General Plan. Moreover,
pending the completion of such amendments, it is foreseeable that
further development proposals will be submitted for property
within the City which would contradict the ultimate goals of the
proposed Zoning Code amendments and General Plan.
(v) This Council is concerned about the creation of an
orderly and balanced development within the City of Diamond Bar.
Accordingly, to protect the integrity of the ultimate General
Plan and to assure the continued development stability of those
properties within the City, this Council finds it is necessary to
establish interim zoning policies to allow City staff the time
necessary to investigate and formulate the above -referenced
Zoning Ordinance amendments.
(vi) All legal prerequisites prior to the adoption of
this Ordinance have occurred.
B. ordinarnoe.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN
AS FOLLOWS :
Section The City Council hereby specifically finds that
all the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section Z,. The City Council further finds as follows:
a. The City of Diamond Bar is presently developing a
General Plan for development in the City of Diamond Bar. The
ultimate goal of the General Plan is to provide a balanced and
unified plan of development within the City of Diamond Bar and
will ultimately upgrade the economic, social and cultural welfare
of persons and properties within the City of Diamond Bar. The
3
current Zoning Ordinance of the City of Diamond Bar does not
provide sufficient opportunities for City staff or City Council
review for the approval of multi -family residential developments
within the City;
b. There are presently pending applications for
commercial and/or office developments, the approval of which
would contradict the ultimate goals and objectives of the General
Plan and would not be subject to adequate local review under the
current provisions of the Zoning Ordinance; and
c. The approval of any commercial and/or office
developments under the current provisions of the Zoning Ordinance
would result in an immediate threat to the public health, safety
or welfare of persona and property within the City of
Diamond Bar.
g QU _Z. The following interim Zoning Regulations are
hereby adopted:
a. Pending completion and adoption of the above -
referenced amendments to the Zoning Ordinance, commercial and/or
office developments within the C -H, C-1, C-2, C-3, C -M, C-R and
CPD Zones shall be reviewed and processed in accordance with the
following interim policies. Any project or application for such
project which is inconsistent with the Interim Policies adopted
herein is hereby prohibited;
b. Commercial and/or office developments within the
C -H (Commercial Highway), C-1 (Restricted Business), C-2
4
rUha— 1 5— -E� TH1_1 1 -4 : :a* .4 r•1NRK1,1HhJ :iI iaRC.Z `i'r-a:_:;K, I F' . 0r.1 0 -
(Neighborhood Business), C-3 (Unlimited Commercial), C -M
(Commercial Manufacturing), C-R (Commercial Recreation) and CPD
(Commercial Planned Development) Zones shall be approved, and
building permits issued therefor, provided a conditional use
permit has first been obtained as provided in Part 1 of Chapter
22.56 of the Zoning Ordinance. The review and approval of such
projects pursuant to the terms of said Chapter 22.56 shall be
deemed to be by noticed public hearing before the City Council of
the City of Diamond Bar.
C. For purposes of this Ordinance, "development" or
"developments" shall be deemed to mean new construction of a
commercial facility or office facility and substantial
reconstruction or alteration of an existing facility and shall
not apply to the establishment of commercial or office uses in
existing structures.
d. Other than as expressly provided in this Ordinance,
all other applications for development or entitlement for use
shall be processed and acted upon pursuant to the normal and
customary provisions for the City of Diamond Bar.
Section A. This Ordinance is enacted under the authority of
California Government Code Section 65858(a) and shall be of no
further force and effect forty-five (45) days from the date of
adoption of this Ordinance unless the City Council has extended
this Ordinance in the manner as provided in said Section
65858(a).
5
_T 1_1 F4 - 1 = - _ = T H U 1 -4 ff, 1.1 " F: F t•1 ri N :it H F _ �_: 'r' t.
�. This Ordinance is hereby declared to be an
urgency measure pursuant to the terms of California Government
Code Sections 65858(a) and 36937(b), and this Ordinance shall
take effect immediately upon its adoption.
Eectia 1. The Deputy City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution No. 89-6.
ADOPTED AND APPROVED this 20th day of June, 1989.
Mayor
I, TOMMYE NICE, Deputy City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Ordinance was
introduced and passed at a regular meeting of the City Council of
the City of Diamond Bar held on the 24th day of June, 1989, by
the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST :
Tommye Nice, Deputy City
Clerk of the City of
Diamond Bar
S11011WOHINT100B 1.78 6
DATE: June 20, 1989
TO: Honorable Mayor and City Council
FROM: Robert L. Van Nort, City Manager
SUBJECT: Proposed 1989-90 Fiscal Year Budget
It is with great honor that I present to the City Council and
community its first preliminary proposed 1989-90 fiscal
budget.
The City of Diamond Bar became a reality April 18, 1989. The
date of incorporation has created a revenue shortfall due in
part to the Board of Equalization processes and reporting
requirements by the Public Utilities Commission. It is
further compounded by the LAFCO determination on the proposed
property tax and its eventual receipt by the City. The budget
has been developed by the utilization of LAFCO estimates,
Council approval of all service contracts with the County of
Los Angeles, acceptance of the ten parks and three landscaping
districts. It has been developed to meet community
expectations and goals for sustaining a high quality of life
in Diamond Bar.
It is the task of the City
this initial fiscal document,
appropriateness, and amend
implementation on July 1, 1989.
REVENUE OUTLOOK
Council and community to review
make judgements as to its
it prior to authorizing its
The City of Diamond Bar will receive approximately 75% of its
projected revenue due to the receipt of three primary revenue
sources.
1. Sales Tax
The City's collection of sales tax will commence July 1,
1989 with the first payment in the month of October.
Thus, it will only receive nine out of twelve months sales
receipts to fund municipal services.
2. Franchises
Franchises are governed by the Public Utilities Commission
and are reported on a calendar basis. Therefore,
franchises generated within Diamond Bar between January
1st and April 17th will remain with the County of Los
Angeles. The City will receive a franchise payment based
on the remainder of the year, April 18th through December
31st. Franchises are due and payable ninety days after
the calendar year ends. This will cause further problems
with the City's cash flow during the initial months of the
forthcoming year.
Proposed 1989-90 Fiscal Budget
Page 2
3. Property Tax
The County has initially indicated that the City will not
receive property tax generated in the 1989-90 fiscal year
until August, 1990. While there is a difference of
opinion as to the distribution of the property tax with
the County, this matter will need immediate attention to
insure the 1989-90 fiscal budget is balanced. The
property tax issue is further compounded by the City's
concern over the methodology used by LAFCO in determining
a proportionate and equitable share to be allocated to the
City of Diamond Bar for previous municipal services. This
matter will be further elaborated upon during the
forthcoming fiscal year.
4. New Revenues
It is proposed that the City Council consider the adoption
of franchises for the collection of solid waste within the
City of Diamond Bar.
It is also proposed that the City adopt a business license
for the sole purpose of regulation. Its adoption is not
for the purpose of generating revenue, but to regulate
existing businesses to insure that sale and other taxes
are properly documented.
PRRRnMMRT.
The proposed budget includes a recommendation for six
positions to manage the City during the 1989-90 fiscal year.
These include City Manager, City Clerk, Secretary to the City
Manager, Deputy City Clerk, Junior Clerk Typist and Deputy
Finance Director. In addition to the six permanent positions,
four intern positions have been proposed to function as a City
liaison between the community, County of Los Angeles, City
staff and Council. They will be assigned to function in the
areas of Administration, Parks and Recreation, Planning and
community relations/citizen complaints.
CONTRACTS
The City Council, by resolution at their June 6th meeting,
contracted with the County of Los Angeles to provide all
municipal services with the exception of Finance,
Administration and legal. During the forthcoming year, it is
proposed that the City evaluate each service to determine
whether or not it desires to continue with the County of Los
Angeles, contract with private contractors, or employ its own
personnel. Based on the revenue projections, it is
recommended that whatever action the Council undertakes, it
would be concurrent with the fiscal year for any new contracts
and/or changes to be effective July 1, 1990 or until the
matters of property tax are resolved, whichever comes sooner.
Proposed 1989-90 Fiscal Budget
Page 3
PLANNING
The City Council has appointed a thirty member Citizens'
Advisory Committee for a General Plan advisory function. A
student intern will be assigned to work with the committee, as
well as $100,000 has been budgeted to contract with a
consultant to develop the Citizens' Advisory Committee and
Councils' first General Plan.
PARKS
The Council has accepted ownership of the ten County parks
effective July 1, 1989. Maintenance will be continued by the
current contractor for the 1989-90 fiscal year, and Parks and
Recreation services provided by the Walnut Valley Unified
School District. In addition to the aforementioned, the City
will receive $409,045, less associated expenses, from the
County of Los Angeles to construct improvements at
Sylvan -Glenn Park. It is proposed that the City go out to bid
and initiate the construction of the improvements at the
Sylvan -Glenn Park during the summer of 1989. It is further
proposed that the interns prepare for City Council review per
capita grants under the auspices of the 1988 Park Bond Act to
fund improvements at selected parks to be determined at a
public hearing during the early summer. This grant has to be
submitted by the City and received by the State no later than
September 15, 1989 for disbursement in July, 1990.
Community Development Block Grant Program
The City of Diamond Bar is a entitlement community, the result
of its population being in excess of 50,000. During the next
several months, the City will be working out a formula with
the County and the Department of HUD to determine and
formulate an amount of entitlement to be received by the
community. It is proposed that the City Council consider
utilizing Community Development Block Grant funds dependent
upon eligibility to construct a Senior Center at Pantera Park.
LAW ENFORCEMENT
The City Council has authorized a contract with the City of
Los Angeles to provide law enforcement services. The contract
includes general law enforcement, traffic, helicopter,
narcotics and crime prevention. It is proposed that the
Council request the Sheriffs' Department to develop on behalf
of the City an Office of Traffic Safety Grant to secure
additional funding to enforce traffic within our community.
The grant will provide additional personnel to the City
utilizing a formula of 100% reimbursement the first year and
50% the second year. Grants, if successful, are awarded in
the Spring, 1990.
Proposed 1989-90 Fiscal Budget
Page 4
TRANSPORTATION
The City will receive under the auspices of Proposition A
(1/2 cent sales tax for transit) approximately $670,000. It
is proposed that the Council develop a joint transit program
both within the City as well as an express commute between
Diamond Bar and downtown Los Angeles. The express commute
would be coordinated with the Counties of San Bernardino,
Riverside and Orange.
CAPITAL PROJECTS
Pursuant to Council direction, the restricted funds (gas tax)
will have approximately $300,000 for nondesignated street
related projects. It is suggested the Council develop a
priority, based in part on the County's estimated $3,000,000
unfunded improvements for the fiscal year 1989-90.
In summary, it is requested that the Council and community
provide input to staff to finalize the first budget for the
City of Diamond Bar. In its present preliminary form, it is
balanced with a small contingency.
4erRt L. an Nort
Manager
RLVN:sg
4110 C.Council
4120 City Mgr.
4130 City Clerk
4140 Finance
4170 City Atty
4210 Fire -Base
4220 Fire -Wild
4250 Sher -Gen
4252 Sher-Traf
4254 Sher -Crime
4260 An -Control
4320 Public Works
4410 Planning
4625 Parks
4800 Gen Govern
4810 Insurance
Contingency
TOTALS
CITY OF DIAMOND BAR
Recap of Estimated Expenditures
1989-90
PerSvcs Supplies
49,335
139,965
64,467
64,610
Other
15,000
2,000
%rtzv
1:74, 90
22,200
200,000
3,421
166,364
72,000
2,950,000
684,000
374,421
215,000
51,600
135,000
Cap Out
300,000
540,000
45,300
Total
64,335
141,965 y
139, 36:7-
86,810
200,000
3,421
166,364
72,000
2,950,000
984,000
374,421
755,000
96,900
135,000
$ 318,377 $ $ 4,965,906 $ 885,300 $ 6,169,V83
CITY OF DIAMOND BAR
Estimated Revenues
1989-90
Per Per 1989-90
Capita Projections Estimated Subtotals
Poe = 74,115
---------------------------------------------------------------------
GENERAL FUND
Property Taxes:
Current Secured $ 997,176 $ 0
Current Unsecured
Supplemental Roll
Penalties/Prop Tax
Other Taxes:
Sales Taxes
Business License
Property Transfer
Franchises
Transient Occupancy
$ 997,176 $ 0
$1,820,000 $1,500,000
11,561
84,600 90,000
351,442 350,000
30,000
$2,267,603 $1,970,000
Subventions - State:
35.88 Motor Veh-In Lieu $1,980,129 $2,600,000
Cigarette Tax 110,368 120,000
Homeowners Exem
Mobile Home Fee 7,400 7,400
Grants 0
$2,097,897 $2,727,400
Licenses & Permits:
Building Fees
Fines & Forefeitures:
General Fines
Use of Money:
Interest Earned
$1,970,000
$2,727,400
$1,200,00 $1,200,000
$ 205,596 $ 200,000 $ 200,000
$ 50,000 $ 50,000
CITY OF DIAMOND BAR
Estimated Revenues
1989-90
Per Per 1989-90
Capita Projections Estimated Subtotals
Poe = 74,115
---------------------------------------------------------------------
Current Svc Charge:
Planning Fees
Transfer In:
Gas Tax $ 800,276
Transit 834,247
Developers Fees
Traffic Safety/Fines
$ 10,000 $ 10,000
$ 970,500
$ 886,000
$1,856,50
GENERAL FUND TOTAL $7,202,795 $8,013,900
CITY OF DIAMOND BAR
Restricted Funds
Estimated Revenue
1989-90
Per 1989-90
Protection Estimated Subtotals
86-87
----------------------------------------------------------------------
GAS TAX
Subventions
Hwy Use - 2106 $ 248,572 $ 303,000 s
2107 544,204 660,000 8.92
- 2107.5 7,500 7,500
$ 800,276 $ 970,500 $ 970,500
TRANSIT
Subventions
County Aid $ 65,000 $ 65,000
Fed.Road Funds 181,000 181,000
Local Transit-PropA 588,247 640,000
$ 834,247 $ 886,000 $ 886,000
TRAFFIC SAFETY
Vehicle Fines
DEVELOPERS FEE
Quimby Fee
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: City Council DEPARTMENT NO.: 4110
Proposed
89-90
----------------------------------------------------------------------
0010 Salaries
$
30,000
0080 Direct Benefits
19,335
PERSONAL SERVICES
$
49,335
1400 Office Expense
$
0
SUPPLIES
$
0
2110 Advertising
$
500
2120 Telephone
0
2170 Printing
0
2180 Photocopy
0
2190 Postage
500
2640 Membership & Dues
3,000
2650 Publications
0
2660 Travel -Conference & Meetings
10,000
2670 Education & Training
0
2680 Mileage
1,000
OTHER SERVCIES & CHARGES
$
15,000
3950 Office Equipment
$
0
CAPITAL OUTLAY
$ 0
TOTAL
$ 64,335
SOURCE OF FUNDS:
General Fund $ 64,335
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: City Manager DEPARTMENT NO.: 4120
Proposed
89-90
----------------------------------------------------------------------
0010 Salaries
$
108,313
0020 Salaries OT
0030 Wages PT
10,000
0080 Direct Benefits
21,652
PERSONAL SERVICES
$
139,965
1400 Office Expense
$
0
1420 Gasoline
0
SUPPLIES
$
0
2120 Telephone
$
0
2170 Printing
0
2190 Postage Charges
0
2240 Professional Services
0
2640 Membership & Dues
500
2650 Publications
0
2660 Travel -Conference & Meetings
11500
OTHER SERVICES & CHARGES
$
2,000
3950 Office Equipment
$
0
CAPITAL OUTLAY
$
0
TOTAL
$
141,965
SOURCE OF FUNDS:
General Fund
$
141,965
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: City Clerk DEPARTMENT NO.: 4130
Proposed
89-90
----------------------------------------------------------------------
0010 Salaries
$
51,085
0020 Salaries OT
0030 Wages PT
0080 Direct Benefits
13,382
PERSONAL SERVICES
$
64,467
1400 Office Expense
SUPPLIES
$
0
2110 Advertising
$
0
2120 Telephone
0
2170 Printing
5,000
2180 Photocopy
5,000
2190 Postage Charges
1,000
2240 Professional Services
0
2640 Membership & Dues
200
2650 Publications
3,000
2660 Travel -Conference & Meetings
1,000
2670 Education & Training
0
2680 Mileage
0
2700 Elections
60,000
OTHER SERVICES & CHARGES
$
75,200
3950 Office Equipment
$
0
CAPITAL OUTLAY
$
0
TOTAL
$
139,667
SOURCE OF FUNDS:
General Fund
$
139,667
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Finance DEPARTMENT NO.: 4140
Proposed
89-90
----------------------------------------------------------------------
0010 Salaries
$
49,463
0020 Salaries OT
0030 Wages PT
2,000
0080 Direct Benefits
13,147
PERSONAL SERVICES
$
64,610
1400 Office Expense
$
0
SUPPLIES
$
0
2120 Telephone
$
0
2170 Printing
0
2190 Postage Charges
0
2240 Professional Services
5,000
2242 Professional Services -D.P.
15,000
2640 Membership & Dues
0
2650 Publications
200
2660 Travel -Conference & Meetings
1,000
2670 Education & Training
1,000
2680 Mileage
0
OTHER SERVICES & CHARGES
$
22,200
3950 Office Equipment
$
0
CAPITAL OUTLAY
$ 0
TOTAL
$
86,810
SOURCE OF FUNDS:
General Fund
$
86,810
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: City Attorney DEPARTMENT NO.: 4170
Proposed
89-90
----------------------------------------------------------------------
2208 Office Expense $ 0
2310 Contractual Services 200,000
OTHER SERVICES & CHARGES $ 200,000
TOTAL $ 200,000
SOURCE OF FUNDS:
General Fund $ 200,000
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Fire Base DEPARTMENT NO.: 4210
Proposed
89-90
----------------------------------------------------------------------
2300 Contractual Services - Government $ 3,421
OTHER SERVICES & CHARGES $ 3,421
TOTAL $ 3,421
e a s a e e e= e o
SOURCE OF FUNDS:
General Fund $ 3,421
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Fire Wildlands DEPARTMENT NO.: 4220
Proposed
89-90
----------------------------------------------------------------------
2300 Contractual Services - Government $ 166,364
OTHER SERVICES & CHARGES S 166.364
TOTAL $ 166,364
SOURCE OF FUNDS:
General Fund $ 166,364
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Sher Crime Prevention DEPARTMENT NO.: 4254
Proposed
89-90
----------------------------------------------------------------------
2300 Contractual Services - Government $2,950,000
OTHER SERVICES & CHARGES $2,950,000
TOTAL $2,950,000
SOURCE OF FUNDS:
General Fund $2,950,000
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Public Works DEPARMENT NO.: 4320
Proposed
----------------------------------------------------------------------
89-90
2130
Utilities - Electric
$
20,000
2300
Contractual Services - Government
0
2315
Street Sweeps
150,000
2320
Road Maintenance
160,000
2325
Parkway Maintenance
50,000
2330
Sidewalk Inspection & Repair
10,000
2335
Curb/Gutter Repair
70,000
2340
Striping, Parking, Signing
58,000
2345
Traffice Signal M & C
49,000
2350
Vegetation Control
15,000
2355
Tree Trimming
50,000
2360
Tree Watering
25,000
2365
Lighting
17,000
2370
Storm Damage
10,000
OTHER
SERVICES & CHARGES
$
684,000
CAPITAL
OUTLAY
$
300,000
TOTAL
$
984,000
SOURCE
OF FUNDS:
General
Fund & Gas Tax
$
984,000
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Planning DEPARTMENT NO.: 4410
Proposed
88-90
----------------------------------------------------------------------
0010 Salaries
$
0
0020 Salaries OT
0
0030 Wages PT
0
0080 Direct Benefits
0
PERSONAL SERVICES
$
0
1400 Office Expense
$
0
SUPPLIES
$
0
2120 Telephone
$
0
2240 Professional Services
- Regional
142,421
2241 Professional Servcies
- General
100,000
2315 Contractual Services
- Engr Support
130,000
2660 Travel -Conferences &
Meetings
2,000
OTHER SERVCIES & CHARGES
$
374,421
3950 Office Equipment
$
0
CAPITAL OUTLAY
$
0
TOTAL
$
374,421
SOURCE OF FUNDS:
General Fund
$
374,421
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T
DEPARTMENT TITLE: Parks
A L L O C A T I O N
DEPARTMENT NO.: 4625
Proposed
89-90
----------------------------------------------------------------------
2130 Utilities $ 15,000
2300 Contractual Services - Government 200,000
OTHER SERVICES & CHARGES $ 215,000
3940 Peterson Park $ 540,000
CAPITAL OUTLAY $ 540,000
TOTAL $ 755,000
SOURCE OF FUNDS:
General Fund & Park Bonds $ 755,000
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L 0 C A T I 0.. N
DEPARTMENT TITLE: General Government DEPARTMENT NO.: 4800
Proposed
89-90
----------------------------------------------------------------------
1400 Office Expense
$
1,500
SUPPLIES
$
1,500
2120 Telephone
$
10,500
2130 Utilities
0
2170 Printing
5,000
2180 Photocopy
5,000
2190 Postage Charges
3,000
2200 Rent/Leases Real Property
25,000
2220 Maintenance -Bldg & Grounds
0
2230 Maintenance -Equipment
500
2240 Professional Services
0
2640 Membership & Dues
1,000
2650 Publications
100
OTHER SERVICES & CHARGES
$
51,600
3940 Auto Equipment
$
0
3950 Office Equipment
45,300
CAPITAL OUTLAY
$
45,300
TOTAL
$
96,900
SOURCE OF FUNDS:
General Fund
$
96,900
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Insurance DEPARTMENT NO.: 4810
Proposed
89-90
----------------------------------------------------------------------
2240 Professional Services $ 5,000
2600 Insurance Bonds 130,000
OTHER SERVICES & CHARGES $ 135,000
TOTAL $ 135,000
SOURCE OF FUNDS:
General Fund $ 135,000
CITY OF DIAMOND BAR FICA 1.45%
SALARY RANGES BY POSITION PERS 13.00"%
1989-90 CAFETERIA $ 250 MO
City Manager
Annual $ 80,400
FICA 1,166
PERS 10,452
Cafeteria 3,000
S 95,018
--------------------------------------------------------------------
A B C D E
City Clerk 15.03 15.80 16.61 17.46 18.38
2,605.19 2,738.66 2,879.06 3,026.39 3,180.66
31,262.40 32,864.00 34,548.80 36,316.80 38,168.00
Annual $ 31,262.40 $ 38,168.00
FICA 453.30 553.44
PERS 4,064.11 4,961.84
Cafeteria 3,000.00 3,000.00
$ 38,779.81 $ 46,683.28
-------------------------------------------------------------------
City Council 5 @ $500.00 MO
Annual $ 30,000.00
FICA 435.00
PERS 3,900.00
Cafeteria 15,000.00
$ 49,335.00
---------------------------------------------------------------------
A B C D E
Deputy Finance 16.58 17.41
2,873.86 3,017.72
34,486.40 36,212.80
Annual $ 34,486.40
FICA 500.05
PERS 4,483.23
Cafeteria 3,000.00
$ 42,469.68
18.30 19.23 20.20
3,171.99 3,333.19 3,501.32
38,064.00 39,998.40 42,016.00
$ 42,016.00
609.23
5,462.08
3,000.00
$ 51,087.31
----------------------------------------------------------------------
A B C D E
Dep.City Clerk 9.53 10.01 10.52 11.05 11.61
1,651.86 1,735.06 1,823.46 1,915.32 2,012.39
19,822.40 20,820.80 21,881.60 22,984.00 24,148.80
CITY OF DIAMOND BAR
SALARY - continued
Dep.City Clerk
Annual
$ 19,822.40
$ 24,148.80
FICA
287.42
350.16
PERS
2,576.91
3,139.34
Cafeteria
3,000.00
3,000.00
$ 25,686.73
$ 30,638.30
-----------------------------------------------------------------
A B
C
D E
CM Secretary
13.42 14.10
14.81
15.56 16.35
2,326.12 2,443.99
2,567.06
2,697.06 2,833.99
27,913.60 29,328.00
30,804.80
32,364.80 34,008.00
Annual
$ 27,913.60
$ 34,008.00
FICA
404.75
493.12
PERS
3,628.77
4,421.04
Cafeteria
3,000.00
3,000.00
$ 34,947.12
$ 41,922.16
-----------------------------------------------------------------
A B
C
D E
7.20 7.56
7.94
8.34 8.76
1,248.00 1,310.40
1,376.27
1,445.60 1,518.40
14,976.00 15,724.80
16,515.20
17,347.20 18,220.80
Annual
$ 14,976.00
$ 18,220.80
FICA
217.15
264.20
PERS
1,946.88
2,368.70
Cafeteria
3,000.00
3,000.00
$ 20,140.03
$ 23,853.70
---------------------------------------------------------------------
A
B C
D
E F G
Intern 5.00
5.50 6.00
6.50 7.00
7.50 8.00
CITY
OF DIAMOID
BAR
STAT6MMIT
OF FUNYDy BALAICSS
,
1960M
Total
1989ivs-6
"gem
6-30-89
Fund
Fund
Fund
&stiaated
Resources
Operating
Capital
land
Projected
10.
-----------------------------------------------------------------------------------------------------------------
Balance
Revenue
Available
Brpenditures
Projects
Transfers
Fund Bal.
01
General
$ 0
$461,850
$461,850
$133,612
$ 0
$ 0
$328,118
02
Gas Tai
0
164,610
$164,610
0
0
0
164,610
015
Traffic Safety
0
100
100
0
0
0
100
06
Developers lee
0
0
0
0
0
0
0
08
Local Transportation
0
0
0
0
0
0
0
10
Federal Aid Man
0
0
0
0
0
0
0
14
Bikevay (Article 3)
0
0
0
0
0
0
0
16
Streets i Roads
0
0
0
0
0
0
0
(Article 8)
18
Transit
0
0
0
0
0
0
0
24
State Park Grants
0
0
0
0
0
0
0
TOTALS
$ 0
$626,620
$626,620
$133,612
$ 0
S 0
$492,948
CITY Of DIMOND BAR
AINUAL BUDGET
1989-90
STATEM11T Of FUND BALARC6S
pt/.+)V
6-30-89 1989-90 Total 1989-90 1989-906-30-90
land _ fund Sstiiated Resources Operating Capita l/,!
and Projected
No. Balance Revenue Available Srpeaditares ransers land Bal.
----------------------------------------------------------------------------------------------------------------
XsBh f,l 9,P Los,.3co l -5y, /,0F
01 General $ 328,178 $6,157,400 $6,485,578 $#;636; -83 $-+",H 1)$ 65,000 $4
2) 181,000
02 Gas Tar 164,670 970,500 1,135,170 l-GB4,-@9B` ✓300,000/ 0
05 Traffic Safety 100 0 100 0 0 0 100
06 Developers fees 0 0 0 0 0 0 0
08 Local Transportation 0 65,000 65,000 0 0 (65,000) 0
10 federal Aid Urban 0 181,000 181,000 0 0 (181,000) 0
14 Bikevay (Article 3) 0 0 0 0 0 0 0
16 &+ALt� to f ou:: 0 0 0 0 0 0 0
18 Transit 0 640,000 640,000 0 0 MAMI a 64(0100r-
21
y000c24 State Park Grants 0 400,000 400,000 0 400,000 0 0
r105,3 w
TOTALS $ 492,948 $8,413,900 $8,906,848 44MMANdw "O Mme- $ 0 ,y
esaaasa:■ aaazaaases aaaaaaszaa aas zzzzazasa ",am aazz .*-a a .G`---
1) Transfer To General land lroa Local Transportation Fund
2) Transfer To General Iand frog federal Aid Urban land
—1-
CITY OF DIAMOND BAR
Estimated Revenues
1989-90
Per
Per
1989-90
Capita
Projections
Estimated Subtotals
Poe = 74,115
---------------------------------------------------------------------
GENERAL FUND
Property Taxes:
Current Secured
$ 997,176
$ 0
Current Unsecured
0
0
Supplemental Roll
0
0
Penalties/Prop Tax
0
0
$ 997,176
$ 0 $ 0
Other Taxes:
Sales Taxes
$1,820,000
$1,500,000
Business License
11,561
0
Property Transfer
84,600
90,000
Franchises
351,442
350,000
Transient Occupancy
0
30,000
$2,267,603
$1,970,000 $1,970,000
Subventions - State:
35.88 Mtr Veh-In Lieu $1,980,129 $2,600,000
Cigarette Tax 110,368 120,000
Homeowners Exem 0 0
Mobile Home Fee 7,400 7,400
Grants 0 0
$2,097,897 $2,727,400 $2,727,400
Licenses & Permits:
ui1ding Fees
i
Fines & Forefeitures:
General Fines
Use of Honey:
Interest Earned
Current Svc Charge:
Planning Fees
GENERAL FUND TOTAL
$ 0 $1,200,000 $1,200,000
S 205,596 $ 200,000 $ 200,000
$ D $ 50,000 � $ 50,000
$ 0 $ 10,000 $ 10,000
$5,568,272 $6,157,400 $6,157,400
i ! ! i - ! = ! ! ! ! ! - ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
-3-
CITY OF DIAMOND BAR
Restricted Funds
Estimated Revenue
1989-90
TOTAL CITY REVENUE $7,602,795
- - - - - - - - - -
4/_
$8,413,900 $8,413,900
Per
1989-90
----------------------------------------------------------------------
Projections
Estimated
Subtotals
GAS TAX
Subventions
Hwy Use - 2106
$ 248,572
$ 303,000
- 2107
544,204
.660,000
- 2107.5
7,500
7,500
$ 800,276
$ 970,500
$
970,500
TRANSIT
Local Trans -Prop A
$ 588,247
$ 640,000
$
640,000
LOCAL TRANSPORTATION
County Aid
$ 65,000
$ 65,000
$
65,000
FEDERAL AID URBAN
Federal Road Funds
S 181,000
$ 181,000
$
181,000
TRAFFIC SAFETY
Vehicle Fines
$ 0
S 0
$
0
STATE PARK GRANTS
S.B.154
$ 400,000
$ 400,000
$
400,000
DEVELOPERS FEE
Quimby Fee
$ .0
0
0
TOTAL RESTRICTED REVENUE
$2,034,523
$2,256,500
$2,256,500
TOTAL CITY REVENUE $7,602,795
- - - - - - - - - -
4/_
$8,413,900 $8,413,900
�XY�ty {.� , ..�f,c
CITY OF DIAMOND BAR
Recap of Estimated Expenditures
1989-90
PERSONNEL OTHER - CAPITAL
DEPARTMENT SERVICES SERV & CHGS OUTLAY TOTAL
----------------------------------------------------------------------
4110 C.Council $ 49,335 $ 15,000 $ $ 64,335
4120 City Hgr. 139,965 2,000 141,965
4130 City Clerk 64,467 75,200 139,667
4140 Finance 64,610 22,200 86,810
4170 City Atty 200,000 200,000
4210 Fire -Base 3,421 3,421
4220 Fire -Wild 166,364 166,364
4250 Shrf-Gen 72,000 72,000
4252 Shrf-Traf
4254 Shrf-Crime 2,950,000 2,950,000
4260 Anim Cntrl i7oq
✓ i,W��, OGc�,✓
4320 Public Works tS47,,000 300,000 984,000
Sly, 47-1 ✓ 1, 5--7y, qtr ✓
4410 Planning
Y. y ✓ )3,4
c4A
4625 Parks fi32SE
�Goj oo�
4800 Gen Govern ��;Uoof 45,300---
4810 Insurance 135,000 135,000
q o� 3Oa
TOTALS $ 3"7377 $ $ 9 'Seo
� "�� % I G
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: City Council DEPARTMENT NO.: 4110
Proposed
89-90
----------------------------------------------------------------------
PERSONNEL SERVICES
0010 Salaries
0080 Direct Benefits
TOTAL PERSONNEL SERVICES
SUPPLIES
1400 Office Expense
TOTAL SUPPLIES
OTHER SERVICES & CHARGES
2110 Advertising
2120 Telephone
2170 Printing
2180 Photocopy
2190 Postage
2640 Membership & Dues
2650 Publications
2660 Travel -Conference & Meetings
2670 Education & Training
2680 Mileage
TOTAL OTHER SERVICES & CHARGES
CAPITAL OUTLAY
3950 Office Equipment
TOTAL CAPITAL OUTLAY
TOTAL
SOURCE OF FUNDS:
General Fund
$ 30,000
19,335
49,335
0
0
500
0
0
0
500
3,000
0
10,000
0
1,000
15,000
0
0
$ 64,335
$ 64,335
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: City Manager DEPARTMENT NO.: 4120
Proposed
89-90
----------------------------------------------------------------------
PERSONNEL SERVICES
0010 Salaries
0020 Salaries OT
0030 Wages PT
0080 Direct Benefits
TOTAL PERSONNEL SERVICES
SUPPLIES
1400 Office Expense
1420 Gasoline
TOTAL SUPPLIES
OTHER SERVICES & CHARGES
2120 Telephone
2170 Printing
2190 Postage Charges
2240 Professional Services
2640 Membership & Dues
2650 Publications
2660 Travel -Conference & Meetings
TOTAL OTHER SERVICES & CHARGES
CAPITAL OUTLAY
3950 Office Equipment
TOTAL CAPITAL OUTLAY
TOTAL
SOURCE OF FUNDS:
General Fund
$ 108,313
10,000
21,652
139,965
0
0
0
0
0
0
0
500
0
1.500
2,000
0
0
$ 141,965
ccs ------ 1
$ 141,965/
c c c c c c s s s
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: City Clerk DEPARTMENT NO.: 4130
Proposed
89-90
----------------------------------------------------------------------
PERSONNEL SERVICES
0010 Salaries $ 51,085
0020 Salaries OT c>
0030 Wages PT
0080 Direct Benefits 13,382
TOTAL PERSONNEL SERVICES 64,467
SUPPLIES
1400 Office Expense 0
TOTAL SUPPLIES 0
OTHER SERVICES & CHARGES
2110
Advertising
0
2120
Telephone
0
2170
Printing
5,000
2180
Photocopy
5,000
2190
Postage Charges
1,000
2240
Professional Services
0
2640
Membership & Dues
200
2650
Publications
3,000
2660
Travel -Conference & Meetings
1,000
2670
Education & Training
0
2680
Mileage
0
2700
Elections
60.000
TOTAL OTHER SERVICES & CHARGES 75,200
CAPITAL OUTLAY
3950 Office Equipment 0
TOTAL CAPITAL OUTLAY 0
TOTAL $ 139,667
SOURCE OF FUNDS:
General Fund $ 139,667
v ¢ ¢ ¢ ¢ ¢ ¢ s ¢
i—
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Finance DEPARTMENT NO.: 4140
Proposed
89-90
----------------------------------------------------------------------
PERSONNEL SERVICES
0010 Salaries
0020 Salaries OT
0030 Wages PT
0080 Direct Benefits
TOTAL PERSONNEL SERVICES
SUPPLIES
1400 Office Expense
TOTAL SUPPLIES
OTHER SERVICES & CHARGES
2120 Telephone
2170 Printing
2190 Postage Charges
2240 Professional Services
2242 Professional Services -D.P.
2640 Membership & Dues
2650 Publications
2660 Travel -Conference & Meetings
2670 Education & Training
2680 Mileage
TOTAL OTHER SERVICES & CHARGES
CAPITAL OUTLAY
3950 Office Equipment
TOTAL CAPITAL OUTLAY
TOTAL
SOURCE OF FUNDS:
General Fund
$ 49,463
a
2,000
13.147
64,610
0
0
0
0
0
5,000
15,000
0
200
1,000
1,000
0
22,200
0
0
$ 86,810
c s s s s s s c c
$ 86,810
a s c c c c c c s
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: City Attorney DEPARTMENT NO.: 4170
Proposed
89-90
----------------------------------------------------------------------
OTHER SERVICES & CHARGES
2208 Office Expense
2310 Contractual Services
TOTAL OTHER SERVICES & CHARGES
TOTAL
SOURCE OF FUNDS:
General Fund
$ 0
200,000
200,000
$ 200,000
$ 200,000
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T H E N T A L L O C A T I O N
DEPARTMENT TITLE: Fire Base DEPARTMENT NO.: 4210
Proposed
89-90
----------------------------------------------------------------------
OTHER SERVICES & CHARGES
2300 Contractual Services - Government
TOTAL OTHER SERVICES & CHARGES
SOURCE OF FUNDS:
General Fund
$ 3,421
$ 3,421
$ 3,421
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Fire Wildlands DEPARTMENT NO.: 4220
Proposed
89-90
----------------------------------------------------------------------
OTHER SERVICES & CHARGES
2300 Contractual Services - Government
SOURCE OF FUNDS:
General Fund
TOTAL OTHER SERVICES & CHARGES
_J>—
$ 166,364
$ 166,364
$ 166,364
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Sheriff Gen Law DEPARTMENT NO. 4250
Proposed
89-90
----------------------------------------------------------------------
OTHER SERVICES & CHARGES
2300 Contractual Services - Government
SOURCE OF FUNDS:
General Fund
TOTAL OTHER SERVICES & CHARGES
— 1:1'
S 72,000
$ 72,000
$ 72,000
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Sheriff DEPARTMENT NO.: 425J7-
Proposed
25JZProposed
89-90
--------------------------------------------------------------------
OTHER SERVICES & CHARGES
2300 Contractual Services— Government
SOURCE OF FUNDS:
General Fund
TOTAL OTHER SERVICES & CHARGES
—141-
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Sheriff Crime Prevention DEPARTMENT NO.: 4254
Proposed
89-90
----------------------------------------------------------------------
OTHER SERVICES & CHARGES
2300 Contractual Services - Government
SOURCE OF FUNDS:
General Fund
4 ipjoit;lt @Kelo 9:13,,Wj o1:kth 4y HzljKd:t;j:iH S,9
- IS-
$2,950,000
$2,950,000
$2,950,000
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
6�
DEPARTMENT TITLE: DEPARTMENT NO.: 4254
Proposed
89-90
--------------------------------------------------------------------
OTHER SERVICES & CHARGES
2300 Contractual Services— Government
SOURCE OF FUNDS:
General Fund
TOTAL OTHER SERVICES & CHARGES
-16-
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T
DEPARTMENT TITLE: Public Works
A L L O C A T I O N
DEPARMENT NO.: 4320
Proposed
89-90
-----------------------------------------------------------------
OTHER SERVICES & CHARGES
2130 Utilities - Electric
2300 Contractual Services - Government
2315 Street Sweep
2320 Road Maintenance
2325 Parkway Maintenance
2330 Sidewalk Inspection & Repair
2335 Curb/Gutter Repair
2340 Stripping, Parking, Signing
2345 Traffic Signal M & C
2350 Vegetation Control
2355 Tree Trimming
2360 Tree Watering
2365 Lighting
2370 Storm Damage
,A3,
TOTAL OTHER SERVICES & CHARGES
CAPITAL OUTLAY
TOTAL CAPITAL OUTLAY & OTHER SERV
SOURCE OF FUNDS:
Gas Tax
$ 20,000
0
150,000
160,000
50,000
10,000
70,000
58,000
49,000
15,000
50,000
25,000
17,000
%10,000 /
a-�68h ;R98� f
300,000
1,0a¢, OOc:
$ 964—,000
$ 98+8(30
X375 I7't c' �-1r� j','S' I
d 31C ��-w - t9cf. -.-�" tot per, -C,
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Planning DEPARTMENT NO.: 4410
Proposed
89-90
----------------------------------------------------------------------
PERSONNEL SERVICES
0010
Salaries
S 0
0020
Salaries OT
0
0030
Wages PT
0
0080
Direct Benefits
0
TOTAL PERSONNEL SERVICES
0
SUPPLIES
1400
Office Expense
0
TOTAL SUPPLIES
0
OTHER
SERVICES & CHARGES
2120
Telephone
0
2240
Professional Services - Regional
142,421
2241
Professional Services - General
100,000
2315
Contractual Services - Engr Support
130,000
660
Travel -Conferences & Meetings
2 0
G JIV-- C
TOTAL OTHER SERVICES & CHARGES
374,421
CAPITAL OUTLAY
3950 Office Equipment
TOTAL CAPITAL OUTLAY
TOTAL
SOURCE OF FUNDS:
General Fund
0
0
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Parks DEPARTMENT NO.: 4625
-/9-
Proposed
89-90
--J----------------------------------------------------=------=�-
/OTHER
S. Sk1
SERVICES & CHARGES
r'
'looms
2130 Utilities
2300 Contractual Services - Government
000
200,000
TOTAL OTHER SERVICES &
CH4f2GES
, 000 z
CAPITAL OUTLAY
3940 Peterson Park0
000
U tW GLS PILI �k, 4, ��
ZO, C
TOTAL CAPITAL OUTLAY
t.,
TOTAL t
$
SOURCE OF FUNDS::
General Fund & Park Bonds
$ 4-54TeOO Q3?,SY7
{
tA
_k ,:
30tooLi
\
3 C'i
5 L
0 r
-/9-
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: General Government DEPARTMENT NO.: 4800
Proposed
89-90
----------------------------------------------------------------------
SUPPLIES
1400 Office Expense
TOTAL SUPPLIES
OTHER SERVICES & CHARGES
2120 Telephone
2130 Utilities
2170 Printing
2180 Photocopy
2190 Postage Charges
2200 Rent/Leases Real Property
2220 Maintenance -Bldg & Grounds
2230 Maintenance -Equipment
2240 Professional Services
2640 Membership & Dues
2650 Publications
TOTAL OTHER SERVICES & CHARGES
CAPITAL OUTLAY
3940 Auto Equipment
3950 Office Equipment
TOTAL CAPITAL OUTLAY
TOTAL
SOURCE OF FUNDS:
General Fund
1
$ 1,500
1,500
10,500
0
5,000
5,000
3,000
35,00b
0
500
0
1,000
100
LD,r
0
45,300
45,300
cca=sseo��a
$
m c c c c c= s a n s
CITY OF DIAMOND BAR
Estimated Expenditures
1989-90
D E P A R T M E N T A L L O C A T I O N
DEPARTMENT TITLE: Insurance DEPARTMENT NO.: 4810
Proposed
89-90
----------------------------------------------------------------------
OTHER SERVICES & CHARGES
2240 Professional Services $ 5,000
2600 Insurance Bonds 130,000
TOTAL OTHER SERVICES & CHARGES $ 135,000
SOURCE OF FUNDS:
General Fund $ 135,000
1, N fj L✓ ro - , 4 A i"01-)
ORDINANCE NO. $9_3:2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR GRANTING TO SOUTHERN CALIFORNIA
EDISON COMPANY, A CALIFORNIA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE
AND FRANCHISE TO INSTALL, MAINTAIN AND USE
POLES, WIRES, CONDUITS, AND APPURTENANCES,
INCLUDING COMMUNICATION CIRCUITS NECESSARY OR
PROPER THEREFOR, FOR TRANSMITTING AND
DISTRIBUTING ELECTRICITY FOR ANY AND ALL
PURPOSES IN, ALONG, ACROSS, UPON, OVER AND
UNDER THE PUBLIC STREETS, HIGHWAYS, ROADS,
ALLEYS AND PLACES, AS THE SAME NOW OR MAY
HEREAFTER EXIST, WITHIN THE CITY OF DIAMOND BAR.
A. Recitals.
(i) On May 16, 1989, the City Council of the City of
Diamond Bar adopted its Resolution No. 89-_3_3 setting forth said
Council's intention to grant a franchise under and pursuant to
the provisions of Chapter 2 of Division 3 of the California
Public Utilities Code, commencing at Section 6201, and set the
date of June 6, 1989, at the hour of 7:00 p.m., as the time for a
public hearing wherein any and all persons having an objection to
the granting of such franchise could be heard.
(ii) On June 6, 1989, the City Council of the City of
Diamond Bar conducted a duly noticed public hearing with regard
to the granting of such franchise and concluded such hearing
prior to the adoption of this Ordinance.
(iii) All legal prerequisites to the enactment of this
Ordinance have occurred.
1
B. Ordinance.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN
AS FOLLOWS:
section 1.
In all respects as set forth in the Recitals, Part A,
of this Ordinance.
Section 2.
Whenever in this Ordinance the following words or
phrases in this section are used, they shall have the respective
meanings ascribed to them in the following definitions, unless,
in the given instance, the context clearly imports a different
meaning:
a. The word "Grantee" shall mean SOUTHERN CALIFORNIA
EDISON COMPANY, a California Corporation, and its lawful
successors or assigns;
b. The word "City" shall mean the City of Diamond Bar,
a municipal corporation, in its present incorporated form or in
any later reorganized, consolidated or reincorporated form;
c. The word "streets" shall mean the public streets,
highways, roads, alleys and places as the same may now or
hereafter exist within the City;
the City;
d. The word "Engineer" shall mean the City Engineer of
e. The phrase "poles, wires, conduits and
appurtenances" shall mean poles, towers, supports, wires,
conductors, cables, guys, stubs, platforms, crossarms, braces,
F
transformers, insulators, conduits, ducts, manholes, meters,
gauges, regulators, cut-outs, switches, communication circuits,
appliances, attachments, appurtenances and any other property
located or to be located in or under the Streets of the City, and
used or useful in the transmission and distribution of
electricity;
f. The phrase "construct and use" shall mean to lay,
construct, excavate, encroach, erect, install, reinstall,
operate, maintain, use, repair, modify, replace, relocate or
remove.
g. The word "franchise" shall mean and include any
authorization granted hereunder in terms of a franchise,
privilege, permit, license or otherwise to constuct-and use
poles, wires, conduits and appurtenances, including communication
circuits, for transmitting and distributing electricity for any
and all purposes in, along, across, upon, over, and under Streets
within the City. The franchise granted hereunder, and the
franchise fee required to be paid to City hereunder, shall be in
lieu of any other license or entitlement for the privilege of
transacting and carrying on the business of Grantee within the
City with respect to the distribution, transmission and sale of
electricity.
Section 3.
The right, privilege and franchise, subject to each and
all of the terms and conditions contained in this ordinance, and
pursuant to the provisions of Chapter 2 of Division 3, of the
3
Public Utilities Code of the State of California, be and the same
hereby is granted to Grantee, its successors and assigns, to
construct and use poles, wires, conduits and appurtenances for
transmitting and distributing electricity for any and all
purposes along, across, upon, under, in, along, across, upon,
over and in the streets of the City.
Section 4.
The term or period of this franchise shall be
indeterminate from and after the effective date hereof and shall
endure in full force and effect until the same, with the consent
of the Public Utilities Commission of the State of California, is
voluntarily surrendered or abandoned by its possessor, or until
the State of California or some municipal or public corporation
authorized by law shall purchase by voluntary agreement or
condemn under the power of eminent domain, all property actually
used and useful in the exercise of this franchise, or until this
franchise shall be forfeited for non-compliance with its terms by
the possessor thereof.
section 5.
The Grantee shall pay to the City, at the times
hereinafter specified, in lawful money of the United States, a
sum annually which shall be equivalent to two percent (2%) of the
gross annual receipts of Grantee arising from the use, operation
or possession of said franchise; provided that such payment shall
not be less than one percent (1$) of the gross annual receipts
derived from the sale of electricity within the City of Diamond Bar.
4
Section 6.
The Grantee shall file with the City Manager of the
City, within three (3) months after the expiration of the
calendar year, or fractional calendar year, following the date of
the grant of this franchise, and within three (3) months after
the expiration of each calendar year thereafter, a duly verified
statement showing in detail the total gross receipts of the
Grantee, its successors or assigns, during the preceding calendar
year, or such fractional calendar year, arising from the use,
operation or possession of this franchise and sale of
electricity hereunder. It shall be the duty of the Grantee to
pay to the City within fifteen (15) days after the time for
filing such statement the specified percentage of its gross
receipts for the calendar year, or such fractional calendar year,
covered by such statement. Any neglect, omission or refusal by
said Grantee to file such verified statement, or to pay said
percentage, at the time or in the manner herein provided, shall
be grounds for a declaration of a forfeiture of this franchise
and of all rights hereunder.
Section 7.
This franchise is granted in lieu of all other
franchises owned by the Grantee, or by any successor or assign of
the Grantee, to any rights under this franchise for transmitting
and distributing electricity within the limits of the City, as
said limits now or may hereafter exist, and the acceptance of the
franchise hereby granted shall operate as an abandonment of all
5
such franchises within the limits of City, as such limits now or
may hereafter exist, in lieu of which this franchise is granted
except as to any franchise derived under Section 19, Article XI
of the Constitution as that section existed prior to the
amendment thereof adopted October 10, 1911.
Section S.
The franchise granted hereunder shall not become
effective until written acceptance thereof shall have been filed
by the Grantee with the City Clerk of the City. When so filed,
such acceptance shall constitute a continuing agreement of the
Grantee that if and when the City shall thereafter annex or
consolidate with additional territory, any and all franchise
rights and privileges owned by the Grantee therein shall likewise
be deemed to be abandoned within the limits of such territory,
and the terms of this franchise shall apply to such territory.
section 9.
The franchise granted hereunder shall not in any way or
to any extent impair or affect the right of the City to acquire
the property of the Grantee either by purchase or through the
exercise of the right of eminent domain, and nothing herein
contained shall be construed to contract away or to modify or to
abridge, either for a term or in perpetuity, the City's right of
eminent domain with respect to the Grantee or any public utility,
nor shall this franchise ever be given any value before any court
or other public authority in any proceeding of any character in
excess of the cost to the Grantee of the necessary publication
6
and any other sum paid by it to the City at the time of the
acquisition thereof.
Section 10.
The Grantee shall:
(a) construct, install and maintain all poles,
wires, conduits and appurtenances in accordance and in conformity
with all and any of the ordinances, rules and regulations
heretofore, or hereafter, adopted by the City Council of City in
the exercise of its police powers and not in conflict with the
paramount authority of the State, and, as to State highways,
subject to the provisions of general laws relating to the
location and maintenance of such facilities;
(b) pay to the City, on demand, the cost of all
repairs to public property made necessary by any operations of
the Grantee under this franchise, including, but not limited to,
City's reasonable overhead expenses;
(c) indemnify and hold City and its elected and
appointed officials, officers, agents and employees free and
harmless from all claims for damage or injuries to persons or
property by reason of Grantee's negligence or Grantee's acts or
those of Grantee's officers, agents or employees in connection
with Grantee's operations under this franchise. Grantee shall be
liable to City for all damages proximately resulting from the
failure of Grantee to well and faithfully observe and perform
each and every provision of this franchise and each and every
provision of Chapter 2 of Division 3 of the Public Utilities Code
7
of the State of California, including, but not limited to, court
costs assessed by a court of competent jurisdiction;
(d) remove or relocate, at the request of the
City and without expense to the City, any poles, wires, conduits
and appurtenances installed, used or maintained under this
franchise if and when made necessary by any change of grade,
alignment or width of any Streets, including the construction of
any subway or viaduct by the City; provided, however, that
Grantee shall not be required to bear the expense of any removal
or relocation made at the request of the City on behalf or for
the benefit of any developer or other third party;
(e) file with the City Council of the City at
least thirty (30) days prior to any sale, transfer, assignment or
lease of this franchise, or any part thereof, or of any of the
rights or privileges granted thereby, written evidence of the
same, certified thereto by the Grantee or its duly authorized
officers.
Section 11.
Grantee shall, at all times during the term of this
franchise, maintain on a twenty-four (24) hour -a -day basis
adequate emergency equipment and properly trained emergency crew
for the purpose of shutting off the transmission of electricity
through such poles, wires, conduits and appurtenances, in whole
or in part, in the event of an emergency resulting from an
earthquake, act of war, civil disturbance, flood or other cause.
8
Section 12.
The Engineer shall have power to give the Grantee such
directions subject to the paramount authority of the State for
the location of any poles, wires, conduits and appurtenances as
may be reasonably necessary in the opinion of the Engineer to
avoid sewers, water pipes, conduits or other structures in or
under the streets. Prior to the commencement of any work to
construct any poles, wires, conduits and appurtenances, the
Grantee shall file with the Engineer plans showing the location
thereof, which shall be subject to the approval of said Engineer
and such construction shall be subject to the inspection of said
Engineer and done to his satisfaction and in compliance with all
and any City rules, regulations, ordinances, standards and/or
specifications. All street coverings or openings of traps,
vaults, and manholes shall at all times be kept flush with the
surface of the streets; provided, however, that vents for
underground traps, vaults and manholes may extend above the
surface of the streets when said vents are located in parkways,
between the curb and the property line subject to the approval of
the Engineer.
section 13.
Where it is necessary to lay any underground lines or
conduits in or under any portion of a paved or macadamized
street, the same, where practicable and economically reasonable,
shall be done by a tunnel or bore, so as not to disturb the
foundation of such paved or macadamized street. In the event
z
that the same cannot be so done, such work shall be done under a
permit to be granted by the Engineer upon application therefor
and subject to all and any City rules, regulations, ordinances,
standards and/or specifications.
section 14.
If any portion of any street or other public property
shall be damaged by reason of breaks, leaks or defects in any of
the poles, wires, conduits and appurtenances maintained or
constructed under this franchise, or by reason of any other cause
arising from the operation or existence of any poles, wires,
conduits and appurtenances constructed or maintained under this
franchise, Grantee shall, at its own cost and expense,
immediately repair any such damage and restore such street, or
portion of street, or other such public property, to as good a
condition as existed before such defect or other cause of damage
occurred, with such work to be done under the direction of the
Engineer and in accordance with all and any rules, regulations,
ordinances, standards and specifications of the City.
Section 15.
If the Grantee or its successors or assigns shall fail,
neglect or refuse to comply with any of the provisions of
conditions hereof, and shall not, within ten (10) days after
written demand for compliance, begin the work of compliance, or
after such beginning shall not prosecute the same with due
diligence to completion, then the City may declare this franchise
forfeit and commence and/or complete any such work. Grantee
10
shall be liable to City for any and all costs and expenses
incurred by City in connection with any such work including, but
not limited to, reasonable overhead expenses.
Section 16.
Upon expiration, revocation or termination of this
franchise, or the permanent discontinuance of use of the pipes
and appurtenances or any portion thereof, Grantee shall, within
twenty (20) days thereafter, make written application to the
Engineer for authority to either (1) abandon all, or a portion,
of such poles, wires, conduits and appurtenances in place, or (2)
remove all, or a portion, of such poles, wires, conduits and
appurtenances. Such application shall describe the location of
the poles, wires, conduits and appurtenances desired to be
abandoned or removed, and the relative physical condition of such
poles, wires, conduits and appurtenances. The Engineer shall
determine whether such abandonment or removal may be effected
without detriment to the public interest and under what
conditions and terms the proposed abandonment or removal may be
safely effected and shall then notify the Grantee of such
requirements. Grantee shall, within ninety (90) days thereafter,
either remove all or such portion of such poles, wires, conduits
and appurtenances or abandon in place all or a portion of such
poles, wires, conduits and appurtenances, as directed by the
Engineer.
If any poles, wires, conduits and appurtenances to be
abandoned in place subject to prescribed conditions are not
11
abandoned in accordance with all such conditions, the Engineer
may make additional orders including, if deemed desirable, an
order that the Grantee remove all such poles, wires, conduits and
appurtenances in accordance with applicable requirements. In the
event Grantee fails to remove any poles, wires, conduits and
appurtenances in accordance with such applicable requirements
within the time prescribed by the Engineer, then City may remove
such poles, wires, conduits and appurtenances and Grantee shall
thereafter pay to City the actual cost thereof, plus City's
reasonable overhead expenses. Any decision of the Engineer with
respect to conditions, interpretations of plans, specifications,
rules, regulations and/or standards shall be final.
Section 17.
The City may sue in its own name for the forfeiture of
this franchise in the event of noncompliance by the Grantee, its
successors or assigns, with any of the conditions thereof. In
the event of any such suit or other legal proceeding, the
prevailing party shall be entitled to attorneys' fees.
section IS.
Not later than ten (10) days after the posting of this
ordinance, the Grantee shall file with the City Clerk of the City
a written acceptance of the franchise hereby granted and an
agreement to comply with the terms and conditions hereof.
Section 19.
Grantee shall, at Grantee's sole cost and expense, keep
or cause to be kept in full force and effect, for the mutual
12
benefit of City and Grantee, a comprehensive form of general
public liability insurance against claims and liability for
personal injury, death, bodily injury or property damage arising
from the use, construction, or maintenance of this franchise in a
combined single -limit amount of not less than $1 million for any
one incident or occurrence. All such insurance required by the
express provisions of this ordinance shall be carried only with
responsible insurance companies and may be in the form of
insurance, self-insurance or self-insured retention. For any
insurance, as required herein, maintained by self-insurance or a
self-insured retention, Grantee hereby expressly agrees to waive
the right of subrogation against the City and against City's
agents and representatives.
Any insurance policies maintained pursuant to the terms
of this Ordinance, other than self-insurance or self-insured
retention, shall, to the extent obtainable, contain language to
the effect that (1) the insurer waives the right of subrogation
against the City and against City's agents and representatives,
(2) the insurance is primary and noncontributing with any
insurance that may be carried by the City, and (3) it cannot be
canceled or materially changed except after thirty (30) days'
notice by the insurer to the City. Grantee shall furnish City
with copies of all such policies, or certificates evidencing the
insurance, as set forth in this section. Grantee may effect for
its own account any insurance not required under this Ordinance.
13
Grantee shall deliver to City, in the manner provided
for notices, copies or certificates of all insurance required by
this Ordinance, together with evidence satisfactory to City of
payment required for procurement and/or maintenance of the
insurance.
If Grantee fails or refuses to procure or maintain
insurance as required by this Ordinance, or fails or refuses to
furnish City with required proof that the insurance has been
procured and is in force, City shall have the right at City's
election and on thirty (30) days' notice, to declare this
franchise forfeit.
section 20.
Any notice may be served as follows:
Upon the City, by serving the City Manager or the
City Clerk personally, or by addressing a written notice to the
City Manager of the City of Diamond Bar, 21660 E. Copley Drive,
Suite 330, Diamond Bar, California 91765, and depositing such
notice in the United States mail, postage prepaid.
Upon the Grantee, by addressing a written notice
to Grantee addressed to General Counsel, Southern California
Edison Company, 2244 Walnut Grove Avenue, P.O. Box 800, Rosemead,
California 91770 and depositing said notice in the United States
mail postage prepaid.
Any change of address shall be given as provided for herein
for notices.
14
Section 21.
The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance be
rendered or declared invalid as between City and Grantee by any
final court action in a court of competent jurisdiction, or by
the California Public Utilities Commission, the remaining
provisions, sections, paragraphs, sentences, and words of this
Ordinance shall remain in full force and effect.
Section 22.
This Ordinance shall take effect thirty (30) days after
its adoption and upon Grantee's filing acceptance of this
franchise.
Section 23.
The City Clerk of the City of Diamond Bar shall certify
to the passage of this Ordinance and shall post this Ordinance in
three public places within the City of Diamond Bar within fifteen
(15) days after its passage in the manner prescribed by
Resolution No. 89-6.
1989.
ADOPTED AND APPROVED this day of ,
Mayor
T,.: City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City Council of the City
C\1012\ORDSCE\DB 17.4 15
of Diamond Bar held on the day of , 1989,
and was finally passed at a regular meeting of the City Council
of the City of Diamond Bar held on the day of
, 1989, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:.
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City
of Diamond Bar
00022%os06MI)B 37.4 16
ORDINANCE NO. 89-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, GRANTING TO SOUTHERN CALIFORNIA
GAS COMPANY, A CALIFORNIA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE
AND FRANCHISE TO INSTALL, MAINTAIN AND USE
PIPES AND APPURTENANCES FOR TRANSMITTING AND
DISTRIBUTING GAS FOR ANY AND ALL PURPOSES
ALONG, ACROSS, UPON, UNDER AND IN THE PUBLIC
STREETS, HIGHWAYS, ROADS, ALLEYS AND PLACES,
AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN
THE CITY OF DIAMOND BAR.
A. Recitals.
(i) On May 16, 1989, the City Council of the City of
Diamond Bar adopted its Resolution No. 89-34 setting forth said
Council's intention to grant a franchise under and pursuant to
the provisions of Chapter 2 of Division 3 of the California
Public Utilities Code, commencing at Section 6201, and set the
date of June 6, 1989, at the hour of 7:00 p.m., as the time for a
public hearing wherein any and all persons having an objection to
the granting of such franchise could be heard.
(ii) On June 6, 1989, the City Council of the City of
Diamond Bar conducted a duly noticed public hearing with regard
to the granting of such franchise and concluded such hearing
prior to the adoption of this Ordinance.
(iii) All legal prerequisites to the enactment of this
Ordinance have occurred.
B. ordinance.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN
AS FOLLOWS:
1
section 1.
In all respects as set forth in the Recitals, Part A,
of this Ordinance.
Section 2.
Whenever in this Ordinance the following words or
phrases in this section are used, they shall have the respective
meanings ascribed to them in the following definitions, unless,
in the given instance, the context clearly imports a different
meaning:
a. The word "Grantee" shall mean SOUTHERN CALIFORNIA
GAS COMPANY, a California Corporation, and its lawful successors
or assigns;
b. The word "City" shall mean the City of Diamond Bar,
a municipal corporation, in its present incorporated form or in
any later reorganized, consolidated or reincorporated form;
c. The word "streets" shall mean the public streets,
highways, roads, alleys, ways and places as the same may now or
hereafter exist within the City;
the City;
d. The word "Engineer" shall mean the City Engineer of
e. The word "gas" shall mean natural or manufactured
gas, or a mixture of natural and manufactured gas;
f. The phrase "pipes and appurtenances" shall mean
pipes, pipelines, mains, services, traps, vents, vaults,
manholes, meters, gauges, regulators, valves, conduits,
E
appliances, attachments, appurtenances and any other property
located or to be located in, along, across, over, upon or under
the Streets of the City, and used or useful in the transmission
and distribution of gas;
g. The phrase "lay and use" shall mean to lay,
construct, erect, install, operate, maintain, use, repair,
replace or remove.
h. The word "franchise" shall mean and include any
authorization granted hereunder in terms of a franchise,
privilege, permit, license, or otherwise to lay and use pipes and
appurtenances for transmitting and distributing gas for any and
all purposes in, along, across, over, upon or under Streets
within the City. The franchise granted hereunder, and the
franchise fee required to be paid to City hereunder, shall be in
lieu of any other license or entitlement for the privilege of
transacting and carrying out the business of Grantee within the
City with respect to the distribution and sale of gas.
Section 3.
The right, privilege and franchise, subject to each and
all of the terms and conditions contained in this ordinance, and
pursuant to the provisions of Chapter 2 of Division 3, of the
Public Utilities Code of the State of California, be and the same
hereby is granted to Grantee, its successors and assigns, to lay
and use pipes and appurtenances for transmitting and distributing
gas for any and all purposes along, across, upon, over, under and
in the streets of the City.
3
Section 4.
The term or period of this franchise shall be
indeterminate from and after the effective date hereof and shall
endure in full force and effect until the same, with the consent
of the Public Utilities Commission of the State of California, is
voluntarily surrendered or abandoned by its possessor, or until
the State of California or some municipal or public corporation
authorized by law shall purchase by voluntary agreement or
condemn under the power of eminent domain, all property actually
used and useful in the exercise of this franchise, situated
within the territorial limits of the State, municipal, or public
corporation purchasing and condemning said property, or until
this franchise shall be forfeited for non-compliance with its
terms by the possessor thereof.
Section S.
The Grantee shall pay to the City, at the times
hereinafter specified, in lawful money of the United States, a
sum annually which shall be equivalent to two percent (2%) of the
gross annual receipts of Grantee arising from the use, operation
or possession of said franchise; provided that such payment shall
not be less than one percent (1%) of the gross annual receipts
derived from the sale of gas within the City of Diamond Bar.
section 6.
The Grantee shall file with the City Clerk of the City,
within three (3) months after the expiration of the calendar
year, or fractional calendar year, following the date of the
4
grant of this franchise, and within three (3) months after the
expiration of each calendar year thereafter, a duly verified
statement showing in detail the total gross receipts of the
Grantee, its successors or assigns, during the preceding calendar
year, or such fractional calendar year, arising from the sale of
the utility service for which this franchise is granted. It
shall be the duty of the Grantee to pay to the City within
fifteen (15) days after the time for filing such statement the
specified percentage of its gross receipts for the calendar year,
or such fractional calendar year, covered by such statement. Any
neglect, omission or refusal by said Grantee to file such
verified statement, or to pay said percentage, at the time or in
the manner herein provided, shall be grounds for a declaration of
a forfeiture of this franchise and of all rights hereunder.
Section 7.
This franchise is granted in lieu of all other
franchises owned by the Grantee, or by any successor or assign of
the Grantee, to any rights under this franchise for transmitting
and distributing gas within the limits of the City, as said
limits now or may hereafter exist, and the acceptance of the
franchise hereby granted shall operate as an abandonment of all
such franchises within the limits of City, as such limits now or
may hereafter exist, in lieu of which this franchise is granted
except as to any franchise derived under Section 19, Article XI
of the Constitution as that Section existed prior to the
amendment thereof adopted October 10, 1911.
5
section 8.
The franchise granted hereunder shall not become
effective until written acceptance thereof shall have been filed
by the Grantee with the City Clerk of the City. When so filed,
such acceptance shall constitute a continuing agreement of the
Grantee that if and when the City shall thereafter annex or
consolidate with additional territory, any and all franchise
rights and privileges owned by the Grantee therein shall likewise
be deemed to be abandoned within the limits of such territory,
and the terms of this franchise shall apply to such territory.
section 9.
The franchise granted hereunder shall not in any way or
to any extent impair or affect the right of the City to acquire
the property of the Grantee either by purchase or through the
exercise of the right of eminent domain, and nothing herein
contained shall be construed to contract away or to modify or to
abridge, either for a term or in perpetuity, the City's right of
eminent domain with respect to the Grantee or any public utility,
nor shall this franchise ever be given any value before any court
or other public authority in any proceeding of any character in
excess of the cost to the Grantee of the necessary publication
and any other sum paid by it to the City at the time of the
acquisition thereof.
M
Section 10.
The Grantee shall:
(a) construct, install and maintain all pipes and
appurtenances in accordance and in conformity with all and any of
the ordinances, rules and regulations heretofore, or hereafter,
adopted by the City Council of City in the exercise of its police
powers and not in conflict with the paramount authority of the
State, and, as to State highways, subject to the provisions of
general laws relating to the location and maintenance of such
facilities;
(b) pay to the City, on demand, the cost of all
repairs to public property made necessary by any operations of
the Grantee under this franchise, including, but not limited to,
reasonable overhead expenses in the sum of thirty percent (30%)
of City's direct costs;
(c) indemnify and hold City and its elected and
appointed officials, officers, agents and employees free and
harmless from all claims for damage or injuries to persons or
property by reason of Grantee's negligence or Grantee's acts or
those of Grantee's officers, agents or employees in connection
with Grantee's operations under this franchise. Grantee shall be
liable to City for all damages proximately resulting from the
failure of Grantee to well and faithfully observe and perform
each and every provision of this franchise and each and every
provision of Chapter 2 of Division 3 of the Public Utilities Code
of the State of California, including, but not limited to, any
7
amounts for attorneys' fees and court costs assessed by a court
of competent jurisdiction;
(d) remove or relocate, at the request of the
City and without expense to the City, any pipes and appurtenances
installed, used and maintained under this franchise if and when
made necessary by any lawful change of grade, alignment or width
of any Streets, including the construction of any subway or
viaduct by the City; provided, however, that Grantee shall not be
required to bear the expense of any removal or relocation made at
the request of the City on behalf or for the benefit of any
developer or other third party;
(e) file with the City Council of the City at
least thirty (30) days after any sale, transfer, assignment or
lease of this franchise, or any part thereof, or of any of the
rights or privileges granted thereby, written evidence of the
same, certified thereto by the Grantee or its duly authorized
officers.
Section 11.
Grantee shall, at all times during the term of this
franchise, maintain on a twenty-four (24) hour -a -day basis
adequate emergency equipment and properly trained emergency crew
as required by applicable regulations and laws for emergency
response purposes, including shutting off the pressure or
regulating the flow of the contents of such pipes and
appurtenances, in whole or in part.
8
section 12.
The Engineer shall have power to give the Grantee such
directions for the location of any pipes and appurtenances as may
be reasonably necessary in the opinion of the Engineer to avoid
sewers, water pipes, conduits or other structures in or under the
streets. Prior to the commencement of any work to construct any
pipes and appurtenances, the Grantee shall file with the Engineer
plans showing the location thereof, which shall be subject to the
reasonable approval of said Engineer and such construction shall
be subject to the inspection of said Engineer and done to his
reasonable satisfaction and in compliance with all and any City
rules, regulations, ordinances, standards and/or specifications,
subject to the paramount authority of the State. All street
coverings or openings of traps, vaults, and manholes shall at all
times be kept flush with the surface of the streets; provided,
however, that vents for underground traps, vaults and manholes
may extend above the surface of the streets when said vents are
located in parkways, between the curb and the property line
subject to the reasonable approval of the Engineer.
Section 13.
Where it is necessary to lay any underground pipes in,
across or under any portion of a paved or macadamized street, the
same, where practicable and economically reasonable, shall be
done by a tunnel or bore, so as not to disturb the foundation of
such paved or macadamized street. In the event that the same
cannot be so done, such work shall be done under a permit to be
0
granted by the Engineer upon application therefor and subject to
all and any City rules, regulations, ordinances, standards and/or
specifications and not in conflict with the paramount authority
of the State.
Section 14.
If any portion of any street shall be damaged by reason
of breaks, leaks or defects in any of the pipes and appurtenances
maintained or constructed under this franchise, or by reason of
any other cause arising from the operation or existence of any
pipes and appurtenances constructed or maintained under this
franchise, Grantee shall, at its own cost and expense,
immediately repair any such damage and restore such street, or
portion of street, to as good a condition as existed before such
defect or other cause of damage occurred, with such work to be
done under the direction of the Engineer and in accordance with
all and any rules, regulations, ordinances, standards and
specifications of the City not in conflict with the paramount
authority of the State.
Section IS.
If the Grantee or its successors or assigns shall fail,
neglect or refuse to comply with any of the provisions of
conditions hereof, and shall not, within ten (10) days after
written demand for compliance, begin the work of compliance, or
after such beginning shall not prosecute the same with due
diligence to completion, then the City may declare this franchise
forfeit.
10
section 16.
Upon the permanent discontinuance of use of the pipes
and appurtenances or any portion thereof, Grantee shall, within
twenty (20) days thereafter, make written application to the
Engineer for authority to either (1) abandon all, or a portion,
of such pipes and appurtenances in place, or (2) remove all, or a
portion, of such pipes and appurtenances. Such application shall
describe the location of the pipes and appurtenances desired to
be abandoned or removed, and such other information as the
Engineer may reasonably require. The Engineer shall determine
under what conditions and terms the proposed abandonment or
removal may be safely effected and shall then notify the Grantee
of such requirements. Grantee shall, within ninety (90) days
thereafter, either remove all or such portion of such pipes and
appurtenances or abandon in place all or a portion of such pipes
and appurtenances, as directed by the Engineer.
If any pipes and appurtenances to be abandoned in place
subject to prescribed conditions are not abandoned in accordance
with all such conditions, the Engineer may make additional orders
including, if deemed desirable, an order that the Grantee remove
all such pipes and appurtenances in accordance with applicable
requirements. Any decision of the Engineer with respect to
conditions, interpretations of plans, specifications, rules,
regulations and/or standards shall be final subject to the
paramount authority of the State.
11
Section 17.
The City may sue in its own name for the forfeiture of
this franchise in the event of noncompliance by the Grantee, its
successors or assigns, with any of the conditions thereof. In
the event of any such suit or other legal proceeding, the
prevailing party shall be entitled to attorneys' fees.
Section 18.
Not later than thirty (30) days after Grantee receives
proof of posting of this ordinance, the Grantee shall file with
the City Clerk of the City a written acceptance of the franchise
hereby granted and an agreement to comply with the terms and
conditions hereof.
Section 19.
Grantee shall, at Grantee's sole cost and expense, keep
or cause to be kept in full force and effect, a comprehensive
form of general public liability insurance against claims and
liability for personal injury, death, bodily injury or property
damage arising from the use, construction, or maintenance of this
franchise in a combined single -limit amount of not less than $1
million for any one incident or occurrence. All such insurance
required by the express provisions of this ordinance shall be
carried only with responsible insurance companies and may be in
the form of insurance, self-insurance or self-insured retention.
For any insurance, as required herein, maintained by self-
insurance or a self-insured retention, Grantee hereby expressly
12
agrees to -waive the right of subrogation against the City and
against City's agents and representatives.
Any insurance policies maintained pursuant to the terms
of this Ordinance, other than self-insurance or self-insured
retention, shall, to the extent obtainable, contain language to
the effect that (1) the insurer waives the right of subrogation.
against the City and against City's agents and representatives,
(2) the insurance is primary and noncontributing with any
insurance that may be carried by the City, and (3) it cannot be
canceled or materially changed except after thirty (30) days'
notice by the insurer to the City. Grantee shall furnish City
with certificates evidencing the insurance, as set forth in this
section. Grantee may effect for its own account any insurance
not required under this Ordinance.
Grantee shall deliver to City, in the manner provided
for notices, certificates of all insurance required by this
Ordinance.
If Grantee fails or refuses to procure or maintain
insurance as required by this Ordinance, or fails or refuses to
furnish City with required proof that the insurance has been
procured and is in force, City shall have the right at City's
election and on thirty (30) days' notice, to declare this
franchise forfeit.
Section 20.
Except as otherwise specified herein, or required by
law, notices may be served as follows:
13
Upon the City, by serving the City Manager or the
City Clerk personally, or by addressing a written notice to the
City Manager of the City of Diamond Bar, 21660 E. Copley Drive,
Suite 330, Diamond Bar, California 91765, and depositing such
notice in the United States mail, postage prepaid.
Upon the Grantee, by addressing a written notice
to Grantee addressed to Right of Way Department, Southern
California Gas Company, 3208 North Rosemead, P.O. Box 3249,
Terminal Annex, Los Angeles, California 90051 and depositing said
notice in the United States mail postage prepaid. Notice shall
be deemed received on date of receipt if given personally and
three (3) days after mailing, if mailed.
Any change of address shall be given as provided for herein
for notices.
Section 21.
The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance be
rendered or declared invalid by any final court action between
City and Grantee in a court of competent jurisdiction, or by the
California Public Utilities Commission, the remaining provisions,
sections, paragraphs, sentences, and words of this Ordinance
shall remain in full force and effect.
Section 22.
This Ordinance shall take effect thirty (30) days after
its adoption and upon acceptance by Grantee.
14
section 23.
The City Clerk of the City of Diamond Bar shall certify
to the passage of this Ordinance and shall post this ordinance in
three public places within the City of Diamond Bar within fifteen
(15) days after its passage in the manner prescribed by
Resolution No. 89-6.
1989.
ADOPTED AND APPROVED this day of
Mayor
I, , City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1989,
and was finally passed at a regular meeting of the City Council
of the City of Diamond Bar held on the day of
, 1989, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City
of Diamond Bar
15