HomeMy WebLinkAbout03/06/1990NEXT RESOLUTION NO. 22
NEXT ORDINANCE NO. 3
DIAMOND BAR CITY COUNCIL
6:00 P.M.
W.V.U.S.D. BOARD ROOM
THANK YOU FOR NOT SMOKING, DRINKING OR EATING
IN THE COUNCIL CHAMBER
CALL TO ORDER: 6:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor Papen
ROLL CALL: COUNCILMEN FORBING, MILLER, HORCHER,
MAYOR PRO TEM WERNER, MAYOR PAPEN
COUNCIL COMMENTS: Items placed on the agenda by individual
Councilmembers for Council discussion. Action may be taken at this
meeting or scheduled for a future meeting. No public input is
required.
1. Report by Mayor and Mayor Pro Tem regarding emergency
preparedness.
2. Report by Mayor and Mayor Pro Tem regarding meeting with
Congressman David Dreier to discuss Diamond Bar Post
Office.
PUBLIC COMMENTS: "Public Comments" is the time reserved on
each regular meeting agenda to provide an opportunity for members
of the public to directly address the Council on Consent Calendar
items or mattes of interest to the public that are not already
scheduled for consideration on this agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this
form is voluntary. There is a five minute maximum time limit when
addressing the City Council.
CONSENT CALENDAR: The following items listed on the Consent
Calendar are considered routine and are approved by a single
motion. Consent Calendar items may be removed from the Consent
Calendar by request of a Councilmember only.
1. SCHEDULE FUTURE MEETINGS
A. First Quarterly Joint Breakfast Meeting - City Council
and Los Angeles Sheriff's Department, Walnut Substation
- March 8, 1990 - 7:00 a.m. - Diamond Bar Country Club.
(reservations required)
B. Parks and Recreation Commission - March 8, 1990 - 7:00
p.m. - Heritage Park
CITY COUNCIL AGENDA PAGE 2 MARCH 6, 1990
C. Planning Commission - March 12, 1990 - 7:00 p.m. -
W.V.U.S.D. Board Room, 880 S. Lemon Avenue
D. Anniversary Committee - March 12, 1990 - 7:00 p.m. - City
Hall
E. Planning Commission - March 26, 1990 - 7:00 p.m. -
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
F. Walnut Valley Water District Tour - April 24 - 26, 1990
2. APPROVAL OF MINUTES - Regular Meeting of February 20, 1990.
3. WARRANT REGISTER - Approve the Warrant Register dated March 6,
1990 in the amount of $322,156.10.
4. PARKS AND RECREATION COMMISSION MINUTES - Regular meeting of
January 11, 1990 and Study Session of January 25, 1990.
Recommended Action: Receive and file.
5. RESOLUTION 90 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF TRAFFIC SIGNAL EQUIPMENT FOR GRAND AVENUE AT
LONGVIEW DRIVE, AT SHOTGUN LANE AND SUMKIT RIDGE DRIVE IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS.
Recommended Action: Approve advertising for bids and adopt
Resolution No. 90 - XX approving Plans and Specifications for
construction of traffic signal equipment for Grand Avenue at
Longview Drive, at Shotgun Lane and Summit Ridge Drive in said
City and authorizing and directing the City Clerk to advertise
to receive bids.
6. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR URGING THE CONGRESS OF THE UNITED
STATES TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984
TO OPEN THE CABLE INDUSTRY TO MORE COMPETITION IN THE MARKET-
PLACE.
Recommended Action: Adopt Resolution No. 90 - XX Urging the
Congress of the United States to revise the Cable
Communications Policy Act of 984 to open the cable industry to
more competition in the market -place.
7. RESOLUTION 90 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING VOTING PRECINCTS
AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND
FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION ON
TUESDAY, APRIL 10, 1990, CALLED BY RESOLUTION NO. 90-23 OF THE
CITY COUNCIL.
Recommended Action: Adopt Resolution No. 90 - XX establishing
CITY COUNCIL AGENDA PAGE 3 MARCH 6, 1990
voting precincts and polling places, appointing precinct board
members and fixing compensation for the General Municipal
Election on Tuesday, April 10, 1990.
7. RESOLUTION 90 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, ORDERING THE CANVASS OF THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10,
1990, BE MADE BY THE CITY CLERK.
Recommended Action: Adopt Resolution No. 90 - XX ordering the
canvass of the General Municipal Election to be held on
Tuesday, April 10, 1990, be made by the City Clerk.
8. AWARD OF BID FOR LANDSCAPING OF MEDIANS - Bids were received
on February 27, 1990 for installation of irrigation systems;
turf, trees, shrubs, annual flowers and ground cover, etc. In
addition, signboards were requested for four sections of the
boulevard.
Recommended Action: Award bid to Valley Crest Landscape, Inc.
of Santa Ana, in an amount not to exceed $334,388.75 for
construction of Diamond Bar median island improvements.
9. PUBLIC WORKS MUTUAL AID AGREEMENT - Developed by the Los
Angeles County Department of Public Works as a vehicle by
which agencies may be able to call upon one another for
assistance in dealing with infrastructure catastrophes as the
result of earthquakes.
Recommended Action: Authorize the Mayor to execute the
agreement on behalf of the City.
SPECIAL PRESENTATIONS - Proclamations, certificates, etc.
11. PROCLAMATION - Proclaiming the past month of February, 1990 as
"Portable Radio and
Batteries" Month in the City of Diamond Bar.
12. PROCLAMATION - Proclaiming the Week of March 11 - 17, 1990 as
"Girl Scout Week" in the City of Diamond Bar.
13. PRESENTATION - Henry Morgan on behalf of the San Gabriel
Valley Association of Cities regarding proposed Joint Powers
Agreement for Waste -by -Rail.
OLD BUSINESS
14. GENERAL PLAN ADVISORY COMMITTEE MEMBERSHIP
Recommended Action: Reduce membership from 30 members to 25
members.
CITY COUNCIL AGENDA PAGE 4 MARCH 6, 1990
15. SECOND READING ORDINANCE NO. 2 (1990) - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING, IN ITS
ENTIRETY, CHAPTER 20.72 OF TITLE 20 OF THE LOS ANGELES COUNTY
CODE AS HERETOFORE ADOPTED AND ADOPTING REQUIREMENTS AND
STANDARDS RELATING TO GARBAGE AND REFUSE COLLECTION.
Recommended Action: Accept for Second Reading by title only
and adopt Ordinance No. 2 (1990) repealing Chapter 20.72 of
Title 20 of the Los Angeles County Code as heretofore adopted
and adopting requirements and standards relating to garbage
and refuse collection.
NEW BUSINESS
16. REGULATING DRIVE-IN RESTAURANTS - Discussion of Ordinance
adopted by City of San Marino regulating drive-in restaurants.
Recommended Action: Review and provide staff with direction
to include: (1) Instruct City Attorney and Planning
Department to review and develop an ordinance for review by
Planning Commission with recommendation to City Council; (2)
Table.
ANNOUNCEMENTS - This time is set aside for any City Councilmember
to direct staff regarding any matters to be discussed at the next
regular meeting.
CLOSED SESSION
Personnel - Section 54957.6
Litigation - Section 54957.6
ADJOURNMENT
® RAFT MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 20, 1990
CALL TO ORDER: Mayor Papen called the meeting to order at
6:08 p.m. in the Council Chamber, W.V.U.S.D.,
880 S. Lemon Avenue, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of
ALLEGIANCE: Allegiance by Councilman Horcher.
ROLL CALL: Councilmen Horcher, Miller, Mayor Pro Tem
Werner, Mayor Papen. Councilman Forbing
arrived at 6:17 p.m.
Also present were City Attorney Andrew V.
Arczynski and City Clerk Lynda Burgess.
PUBLIC COMMENTS: Jackie Fleming, 24009 Decorah Rd., advised
that she represented the Diamond Point PTA.
She spoke regarding the danger to students
crossing Golden Springs Dr. at Sunset
Crossing to attend Diamond Point Elementary
and requested the Council to consider
installing a traffic signal at this location.
She presented the Council with signed
Petitions from the parents at the school.
M/Papen referred the matter to the Traffic
and Transportation Committee for review.
Don Gravdahl, 23988 Minnequa, proposed that
the Council select a five member committee (2
members from the north end and 2 from the
south end) to work with the school districts
to bring some unity to the City.
M/Papen advised that she would refer the
matter to the Parks and Recreation Commission
for their review and recommendation.
CONSENT CALENDAR: C/Miller moved, MPT/Werner seconded to
approve the Consent Calendar with the
exclusion of items 2, 6 and 9. With the
following Roll Call vote, the motion carried:
AYES: Councilmen - Horcher, Forbing,
Miller, MPT/Werner
M/Papen
NOES: Councilmen - None
ABSENT: Councilmen - None
Schedule Future Parks and Recreation Commission Study Session
Meetings February 22, 1990 - 7:00 p.m. - City Hall
Planning Commission - February 26, 1990 -
7:00 p.m. - W.V.U.S.D. Board Room, 880 S.
Lemon Avenue
FEBRUARY 20, 1990
Page 2
Traffic and Transportation Committee - March
1, 1990 - 7:00 p.m. - Heritage Park.
Parks and Recreation Commission - March 8,
1990 - 7:00 p.m. - Heritage Park
First Quarterly Joint Breakfast Meeting -
City Council and Los Angeles Sheriff's
Department, Walnut Substation - March 8, 1990
- 7:00 a.m. - Diamond Bar Country Club.
Anniversary Committee - March 12, 1990 - 7:00
p.m. - City Hall
Walnut Valley Water District Tour - April
24 - 26, 1990
Warrant Register
Approved Warrant Register dated February 20,
1990 in the amount of $196,039.16.
Treasurer's Report
Approved Treasurer's Report for month of
January, 1990.
Planning Commission
Received and filed Planning Commission
Minutes
Minutes for January 24, 1990.
Exoneration of Bond
Accepted completion of public improvements
and released bond for sanitary sewer
improvement for Private Contract No. 10585,
Tract No. 42573.
Funding of Parks Authorized appropriation in an amount not to
Program exceed $15,000 for operation of Parks
Programs March 1 through June 30, 1990.
Termination Agreement Authorized the Mayor to execute Termination
Agreement with Pacesetters Building Services
and Diamond Bar Business Associates regarding
leasing of office space.
Proclamation - "Water Proclaimed the month of May, 1990 as "Water
Awareness Month" Awareness Month."
Proclamation - Proclaimed the Month of March, 1990 as
"American Red Cross "American Red Cross Month."
Month."
National/State/County Directed staff to advise art organizations
Partnership Grant that may have an interest.
Resolution 90-21 Adopted Resolution 90-21 entitled: A
Traffic Signal Bids RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF
FEBRUARY 20, 1990 Page 3
TRAFFIC SIGNAL EQUIPMENT FOR GRAND AVENUE AND
DIAMOND BAR BOULEVARD IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
Minutes of MPT/Werner requested that on Page 12, 3rd
February 6, 1990 paragraph, that Mr. Rumpilla's remarks
regarding alleged Brown Act violations be
stricken from the Minutes. With consensus of
Council, the comment was directed to be
stricken.
M/Papen requested that the amended Page 13 be
added to the Minutes.
With no objections, the amendments to the
Minutes of February 6, 1990 were approved.
Resolution No. 90-20 M/Papen spoke about the proposed Resolution
Zip Codes regarding Zip Codes. She then requested that
an additional "Whereas" be inserted.
M/Papen moved and MPT/Werner seconded to
adopt Resolution No. 90-20 entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR URGING THE UNITED STATES CONGRESS
AND THE NATIONAL LEAGUE OF CITIES TO ENDORSE
HOUSE RESOLUTION 2380 AND SENATE BILL 1214
RELATING TO THE REDRAWING OF ZIP CODE
BOUNDARIES. Motion carried unanimously.
Tiny Tot Co-op MPT/Werner asked Mr. Janiel about the safety
Daycare Program of the building to be used by the program.
Mr. Janiel advised that since the program
consisted of only 20 hours per week and would
not be a full day care program, the require-
ments would not be the same.
MPT/Werner moved and C/Miller seconded to
approve funding of $2,200 to initiate a Co-op
Daycare Program at Heritage Park from March 1
through June 30, 1990. With the following
Roll Call Vote, the motion carried:
AYES: Councilmen -
NOES: Councilmen -
ABSENT: Councilmen -
Horcher, Forbing,
Miller, MPT/Werner and
M/Papen
None
None
FEBRUARY 20, 1990 Page 4
SPECIAL PRESENTATIONS:
Proclamation - Month Gary Lawson of Lawson Medical Group,
of March, 1990 as requested the Council to proclaim the month
B.A.D. Month of March, 1990 as B.A.D. (Businesses Against
Drugs) in the City of Diamond Bar.
M/Papen moved and MPT/Werner seconded to
Proclaim the Month of March 1990 as B.A.D.
Month. Motion carried unanimously.
Certificates of M/Papen and MPT/Werner presented Al Flores,
Appreciation President of the Diamond Bar Rotary Club,
with two Certificates of Appreciation: for
donation of a Radar Monitoring Device; and
for assistance with installation of American
flags on holidays.
OLD BUSINESS:
A&R Leasing & Continued from February 6, 1990. Ron
Investment Kranzer, City Engineer, stated that this
Final Map No. 45678 matter had been continued due to lack of
information on areas of concern by the
Council. He recommended denial of approval
of the Final Map due to lack of substantial
compliance with the Tentative Map.
Ernie Del Rey, 23443 E. Amberwick, requested
an extension for consideration of his Final
Map.
After discussion, C/Miller moved, M/Papen
seconded to deny approval of Final Tract Map
45678 due to lack of substantial compliance
with the Tentative Tract Map. With a voice
vote of 4 to 1, the motion carried.
Mobil Oil Dennis Tarango, City Planner, gave a
presentation regarding the project and
recommended that the proposal be approved.
A real estate representative for Mobil Oil
Corp., Valley Stavros, 3800 W. Alameda Blvd.,
Ste. 700, Burbank, advised that the carwash
being proposed would blend in with the
existing structure at the site. They are
willing to work with staff to landscape as
requested.
MPT/Werner requested that Mobil Oil bring
back a supplemental landscaping plan.
FEBRUARY 20, 1990
Page 5
After discussion, MPT/Werner moved and C/Miller
seconded to approve the proposed amendments to the
Unilateral Agreement with the requirement that a
supplemental landscape plan be brought back to
Council for additional circulation definition to
the site and proper landscaping. With the
following Roll Call Vote, the motion carried.
AYES: Councilmen - Horcher, Forbing, Miller,
MPT/Werner and M/Papen
NOES: Councilmen - None
ABSENT: Councilmen - None
M/Papen declared a recess at 7:05 p.m.
M/Papen reconvened the meeting at 7:14 p.m.
Ordinance No. 2 Following a presentation by Joann Saul, Financial
Garbage & Refuse Management Assistant and discussion regarding the
Collection Ordinance, CA/Arczynski presented ORDINANCE NO. 2
(1990) - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR REPEALING, IN ITS ENTIRETY,
CHAPTER 20.72 OF TITLE 20 OF THE LOS ANGELES
COUNTY CODE AS HERETOFORE ADOPTED AND ADOPTING
REQUIREMENTS AND STANDARDS RELATING TO GARBAGE AND
REFUSE COLLECTION, as amended.
It was moved by M/Papen, seconded by C/Miller to
waive reading and adopt Ordinance No. 2 (1990), as
amended, by title only. With the following Roll
Call Vote, the motion carried:
AYES: Councilmen - Horcher, Forbing, Miller,
MPT/Werner and M/Papen
NOES: Councilmen - None
ABSENT: Councilmen - None
Request for Following discussion regarding the Request for
Proposals - Proposals, staff was directed to make necessary
Garbage & Refuse changes. By Council consensus, the Request for
Collection Proposals was approved as amended.
Malathion Following discussion, staff was directed to obtain
Spraying for further information regarding the City's rights to
Medflies protest the spraying and bring back for Council
consideration at a later date.
CLOSED SESSION: There being no further business, M/Papen recessed
to Closed Session at 9:22 p.m. for discussion of
Litigation and Personnel Matters.
FEBRUARY 20, 1990
ADJOURNMENT:
ATTEST:
Mayor
Page 6
M/Papen reconvened Regular Session at
declared that there was no reportable
and adjourned the meeting at 9:50 p.m.
Respectfully Submitted
LYNDA BURGESS
City Clerk
9:50 p.m.,
action taken
I N T E R O F F I C E M E M O R A N D U M
TO: Honorable Mayor and City Council
FROM: Linda G. Magnuson ) Senior Accountant
SUBJECT: Warrant Register, March 6, 1990
DATE: March 1, 1990
Attached is the Warrant Register dated March 6, 1990. The warrants
will be released on March 8, 1990.
Please direct any questions to the Finance Department by 5:00 p.m.
on March 7, 1990.
CITY OF DIAMOND BAR
WARRANT APPROVAL
The attached listing of warrants dated March 6, 1990 is hereby
allowed from the various funds in the following amounts:
FUND NO. FUND DESCRIPTION
001
General Fund
121
Park Grant Fund
138
LLAD #38 Fund
141
LLAD #41 Fund
226
Chino Hills Pkwy Const Fd
TOTAL ALL FUNDS
APPROVED BY:
Linda G. Mhqnuson
Senior Accountant
Robert L. an Nort
City Manager
AMOUNT
311,794.60
262.50
7,567.36
186.64
2,345.00
$322,156.10
Phyllis E. Papen
Mayor
Paul V. Horcher
Councilman
}}} City of Diamond Sar ###
03/01/96 PAGE 1
CHECK ISSUE REPORT
CHECK ISSUE DATE.....03?'•36?90 WARRANT -CYCLE .... @3
WARRANT r WARRANT PAYABLE TO : WARRANT AMOUNT
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MINUTES OF THE PARKS AND RECREATION COMMISSION
MEETING OF JANUARY 11, 1990
CALL TO ORDER: Chair/Ivan Nyal called the meeting to order
7:00 p.m. at Heritage Park, 2900 S. Brea
Canyon Road, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of
ALLEGIANCE: Allegiance by Com/Ruzicka.
ROLL CALL: Chair/Nyal, VC/Nardella and Commissioners
Ruzicka, Stitt and Whelan.
Also present were Parks and Maintenance
Director Charles Janiel, Parks and
Maintenance Superintendent Donald Hensley,
City Manager Robert L. Van Nort, Christine
Adams, Walnut Valley Parks and Recreation,
and Secretary Tommye Nice.
APPROVAL OF
VC/Nardella requested that on Page 5,
MINUTES
Paragraph 2 regarding the Walnut Valley
Recreation Program proposal read "in the
amount of $8700.00 per park" be amended.
Com/Ruzicka moved, Chair/Nyal seconded and
with consensus of Council the Minutes of the
December 14, 1989 meeting were approved.
MATTERS FROM THE
Don Schad advised that he was assisting the
AUDIENCE
City with the Earth Day Program set for April
22, 1990. He went on to indicate that one
proposal was to plant approximately 100 trees
and bushes at Peterson Park where it was
burned by the recent fire. He will be
contacting Boy and Girl Scout Troops in the
community to participate in the planting.
Mr. Schad went on to solicit suggestions from
the Commission.
Mr. Schad went on to discuss the Heritage
Memorial and his suggestion that a small
grove of California Coastal Redwoods be
planted.
Com/Whelan advised that he had received a
call from Lydia Plunk of the Diamond Bar
Jaycees regarding the Memorial Park, and that
the JayCees have allocated $500.00 for this
concept.
Com/Whelan will chair a sub -committee with
Mr. Schad on the "Earth Day" activity.
Parks and Recreation
Page 2
CORRESPONDENCE: Chair/Nyal read Charles Janiel's letter to
Mark Dali, owner of "Mad Dog Tennis" as well
as the news release to the Windmill
publication.
REPORTS: City Manager, Robert L. Van Nort, advised
that in the next few months, the Commission
Will receive budget forms for capital
projects that you feel will enhance our park
and recreation program.
Mr. Van Nort went on to announce that the
City has received a $40,000, grant from the
State to provide improvements to Heritage
Park. These funds will be matched by the
City and expended in either July or August.
The Commission was asked for their
recommendations as to how these funds should
be used for the improvement of Heritage Park.
Mr. Van Nort also advised the Commission that
a modular structure valued at $80,000.,is
going to be donated to a non-profit group.
Mr. Janiel as well as the City Engineer and
Building and Safety are looking into this
Possibility. The Commission can forward
recommendations to the City as to where they
would like to see it placed, if we are
awarded this structure.
Chair/Nyal appointed himself and Charles
Janiel to look into this structure.
Mr. Van Nort went on to advise the Commission
that the League of California Cities will be
holding a "Community Service Conference" for
Commissions from April 18 to the 20th. More
information will be forthcoming.
Mr. Van Nort gave a copy of the draft JPA
between the City of Diamond Bar, City of
Walnut and the Walnut Valley Unified School
District to the Commission for their
information only.
Mr. Van Nort continued by advising that the
General Planning Advisory Committee would be
looking into recreation development. Once a
draft has been created, it would come to the
Parks and Recreation
W.V. Recreation
Page 3
Commission for their input. It then goes to
the Planning Commission for their
recommendation and then to the Council for
their approval.
Finally, Mr. Van Nort suggested that a letter
go out to the different colleges in the area
for recruitment of Interns.
It was decided that Com/Whelan would contact
the colleges directly regarding the use of
Interns to do a survey on the recreational
needs of the City.
Christine Adams from the Walnut Valley
Recreation Department gave her monthly staff
report.
VC/Nardella requested that Ms. Adams make
available the stats of exactly how many
residents of Diamond Bar participate in the
various recreation programs.
Chair/Nyal requested that a Study Session be
set with Ms. Adams for the Commission to go
over exactly what the recreation program
consists of. After discussion the Study
Session was scheduled for Thursday, January
25, 1990 at 7:00 p.m. at Heritage Park,
whereupon the Commission would take a tour of
the Recreation Department in Walnut.
Parks & Playground Mr. Janiel advised that the Recreation
Program Program this year was one that was not in
budget. All the programs that have been
done, the money have come from City reserves.
Mr. Janiel went on to recommend that the
Commission look a little more closely with
the possibility of eliminating programs that
are less productive.
Ms. Adams advised that as of the end of
November, 1989 there was approximately
$13,000. remaining in the account. The
average of $3,600. is being spent per month
on the total park program. There is enough
for the month of January and all of February.
Ms. Adams went on to say that there is
$9,200. remaining, that will carry for the
Parks and Recreation Page 4
next two months.
Com/Whelan asked about the feasibility of
providing a program during the weekends. Ms.
Adams said that she would look into the idea.
Ms. Adams advised that to carry the program
from March until June 30, 1990 would cost
approximately $14,700.00.
VC/Nardella moved to reconsider the
recommendation passed at the last meeting
regarding the Parks Program to the City
Council until the next Commission meeting.
Com/Ruzicka seconded and with consensus of
the Commission the motion was approved.
Retaining Wall Mr. Janiel advised the Commission that the
City Engineer had just completed the plans
for the berm wall. This is a 5 ft retaining
wall on the freeway side and a slope on the
side of the park. Mr. Janiel also advised
that Cal Trans would be putting in a
guardrail on the freeway.
Field Usage Fees Com/Stitt presented a report regarding Field
Usage Fees, particularly at Evergreen School.
The field used at the school is inadequate as
well as the parking availability. He then
contacted Mr. Bob Russi with Walnut Valley
Recreation regarding the problem. Mr. Russi
felt that a mutually agreeable compromise in
the short term could be reached.
Chair/Nyal asked how much area will be lost
by the berm wall. Mr. Janiel advised that
approximately 40 ft of space would be lost.
Cindy Morton stated that the fields could be
changed from major and minor fields to minor
and mini fields.
Chair/Nyal recommended that the Commission
wait until Peterson Park is completed to see
how much field is available, then the sub-
committee can come back to make
recommendations to the Commission.
Parks and Recreation Page 5
DISCUSSION AND
INFORMATION:
Maple Hill Park Chair/Nyal presented a petition and
Petition 2 estimates received from Mr. Broski
regarding the need for a fence at Maple Hill
Park.
After discussion, staff was directed to file
this information with other requests for
improvements for the parks.
VC/Nardella moved, seconded by Com/Ruzicka to
table this item until such time as there is a
park plan and a budget. With consensus of
the Commission the motion was approved.
Information Sheet Commission was given an Information Sheet
with addresses and phone numbers.
Park Survey Com/Stitt presented a Park Survey that he had
prepared from his visit to the parks and what
he observed.
Com/Stitt requested that the slopes adjacent
to Pathfinder Road be looked into as there
are several animal borrows.
Mr. Hensley advised that the County Pest
Control had been contacted to deal with these
animals at both Heritage and Ronald Reagan
Park.
Com/Stitt advised that there are no phones in
most of the parks and that staff should look
into the possibility of having GTE install
phones in the various parks.
Parks and Recreation Page 6
COMMISSIONER Com/Stitt would like to have an easel
COMMENTS: available at the meetings.
Com/Whelan again advised that he had been
contacted by Lydia Plunk of the Diamond Bar
Jaycees who stated that they had $500.00 set
aside for a living memorial with a tulip
concept. She would like to see the
Commission become more involved in this
endeavor.
Com/Whelan also stated that the area at the
base of the hill where City Hall is located
could possibly be made into a "jogging -
bicycle path" that could tie in with the
Schabarum Trial.
Chair/Nyal introduced the Regional
Commissioner of AYSO, Gary Larsen.
Chair/Nyal went on to congratulate the City
of Diamond Baron obtaining money from the
state for improvements to Heritage Park and
invited the Commission for recommendations as
to how best to use the funds.
Mr. Larsen advised that Diamond Bar AYSO has
authorized him to purchase 2 sets of movable
goals for Peterson Park.
Mr. Larsen went on to state that he had been
in touch with Paul Galagaire, the person who
plays for the National Soccer Team and who
scored the winning goal to put the United
States in the running for the World Cup and
wanted to know if there was a way of
recognizing his accomplishment.
VC/Nardella asked Ms. Adams for input as to
improvements for Heritage Park.
MINUTES OF THE PARRS AND RECREATION COMMISSION
STUDY SESSION, JANUARY 25, 1990
CALL TO ORDER: VC/Nardella called the meeting to order at
7:00 p.m. at Heritage Park, 2900 S. Brea
Canyon Road, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of
ALLEGIANCE: Allegiance by VC/Nardella.
ROLL CALL: VC/Nardella, and Commissioners Ruzicka, Stitt
and Whelan. Chair/Nyal arrived at 7:10 p.m.
Also present were Parks and Maintenance
Director Charles Janiel, Christine Adams,
with Walnut Valley Parks and Recreation and
Secretary Tommye Nice.
Parks and Christine Adams gave a presentation of all
Recreation programs the Walnut Valley Parks and
Recreation Department offer to the citizens
of Diamond Bar.
By consensus of the Commission it was
requested that staff look into implementing a
Tiny Tots co-operative program at Heritage
Park as soon as possible.
The tour of the Walnut Valley Parks and
Recreation Department scheduled for 8:00 p.m.
was postponed due to time constraints.
ADJOURNMENT: With no further business to discuss the
Commission adjourned to the regularly
scheduled meeting of February 8, 1990.
Respectfully Submitted
Teri ye Nice c
Secretary
ATTES :
7Ea
Chairma
_ RECEIVED
____
CITY OF DIAMOND BAR ��_XR
AGENDA REPORT CITY CLERK
------------------------------------------------- ------------------
------------------------------------------------- --
__ -- -------------------
March 1, 1990 N ,R -2 AN 9: 3
COUNCIL AGENDA DATE: MARCH 6, 1990
TO: CITY COUNCIL
VIA: ROBERT L. VAN NORT, CITY MANAGER
FROM: RONALD L. KRANZER, CITY ENGINEER
SUBJECT: TRAFFIC SIGNAL IMPROVEMENTS - GRAND AVENUE AT LONGVIEW DRIVE,
SHOTGUN LANE AND SUMMIT RIDGE DRIVE
As previously reported to the City Council it is our intent to advertise for bids on the traffic signal
poles in advance of completion of the subject improvement plans because of the delay in delivery
of poles which are not normally ordered until after award of a specific contract. The normal
delivery time after order is about 14 weeks. By pre ordering the poles we can usually predict
actual installation dates.
About 90% of the traffic installation can be accomplished prior to pole installation and the actual
pole installation, per intersection, usually is accomplished in one day.
As of this date we have not completed the pole schedule but should have it available by Tuesday
with accompanying bid package for your approval and authorization to advertise for bids. We
would anticipate the bid date to be on/or about the 27th of March with award of purchase on
April 3, 1990.
RLK: nb:2064:db-cc:g rand\lon gview
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
rE D BY**
-----------'---------------------- --------------------
Robert L. Van Nort Andrew V. Arczynski Linda Magnuson
City Manager City Attorney Sr. Accountant
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
TRAFFIC SIGNAL EQUIPMENT
GRAND AVENUE AT LONGVIEW DRIVE, SHOTGUN LANE AND SUMMIT RIDGE DRIVE
IN THE CITY OF DIAMOND BAR
RONALD L. KRANZER
R.C.E. 18503
CIVIL ENGINEER
The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in
said City, until 10:00 a.m. on March 27, 1990, sealed proposals for the performance of the
above described services.
CITY OF DIAMOND BAR
Phyllis Papen, Mayor
Gary Werner, Mayor Pro Tem
Paul V. Horcher, Councilmember
Gary Miller, Councilmember
John Forbing, Councilmember
Robert L. Van Nort, City Manager
Robert P. Morgenstern, Project Manager
SPECIFICATIONS
FOR
TRAFFIC SIGNAL EQUIPMENT
GRAND AVENUE AT LONGVIEW DRIVE, SHOTGUN LANE AND SUMMIT RIDGE DRIVE
IN THE CITY OF DIAMOND BAR
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS ...............................
4
- 7
INFORMATION FOR BIDDERS ...................................
8
- 13
BIDDER'S PROPOSAL.........................................14
- 18
CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................19
LIST OF SYMBOLS AND ABBREVIATIONS .........................20
SUBCONTRACTORS LIST.......................................21
AFFIDAVIT FOR CO -PARTNERSHIP FIRM.........................22
AFFIDAVIT FOR CORPORATION.................................23
AFFIDAVIT FOR INDIVIDUAL BIDDER ...........................24
AFFIDAVIT FOR JOINT VENTURE...............................25
FAITHFUL PERFORMANCE BOND.................................26
LABOR AND MATERIAL BOND...................................27
BIDDER'S BOND.............................................28
- 29
AGREEMENT.................................................30
- 38
Page 3
RESOLUTION NO. 90-
A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF TRAFFIC SIGNAL EQUIPMENT FOR GRAND
AVENUE AT LONGVIEW DRIVE, AT SHOTGUN LANE AND SUMMIT
RIDGE DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements
in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and specifications for the
construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the
City of Diamond Bar be and are hereby approved as the specifications for Traffic Signal Equipment
for Grand Avenue at Longview Drive, Shotgun Lane and Summit Ridge Drive.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for doing of the work
specified in the aforesaid plans and specifications, which said advertisement shall be substantially
in the following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles
County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond
Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the
hour of 10:00 o'clock A.M. on the 27th day of March, 1990, sealed bids or proposals for the Traffic
Signal Equipment for Grand Avenue at Longview Drive, Shotgun Lane and Summit Ridge Drive in
said City.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100,
21660 E. Copley Drive, Diamond Bar, California.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond
Bar, California, marked, "Bid for Traffic Signal Equipment for Grand Avenue at Longview Drive,
Shotgun Lane and Summit Ridge Drive".
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to
pay not less than the general prevailing rate of per diem wages for work of a similar character in
the locality in which the public work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the Director of the Department of
Industrial Relations of the State of California is required to and has determined such general
Page 4
prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond
Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested
party on request. The Contracting Agency also shall cause a copy of such determinations to be
posted at the job site.
The Contractor shall forfeit, as penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion
thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statutes of 1939, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of
the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site
of the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
be used in the performance of the contract. The ratio of apprentices to journeymen in such cases
shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior
to the request for certificate, or
B. When the number of apprentices in training in the area exceeds a ratio
of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
statewide or locally, or
D. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less
than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship programs if he employs registered apprentices or journeymen in any
apprenticable trade on such contracts and if other Contractors on the public works site are making
such contributions.
The Contractor and subcontractor under him shall comply with the requirements of Sections
1777.5 and 1777.6 in the employment of apprentices.
Page 5
Information relative to apprenticeship standards, wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its
branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall employ with
and be governed by the laws of the State of California having to do with working hours as set
forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him
or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar
day during which said laborer, workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute
the work required by this contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's
bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the
amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same
is awarded to him, and in event of failure to enter into such contract said cash, cashier's check,
certified check, or bond shall become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the
lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the
low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of the contract for
said work shall be one hundred percent (100%) of the contract price thereof, and an additional
bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given
to secure the payment of claims for any materials or supplies furnished for the performance of the
work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and
the Contractor will also be required to furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which may be entered into between
him and the said City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not licensed as a contractor at
time of award in accordance with the provisions of the Contractor's License Law (California
Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant
thereto or to whom a proposal form has not been issued by the City of Diamond Bar.
The work is to be done in accordance with the profiles, plans, and specifications of the City
of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon application to the City of Diamond
Bar and payment of none, said $_NLC is nonrefundable.
Page 6
Upon written request by the bidder, copies of the plans and specifications will be mailed
when said request is accompanied by payment stipulated above, together with an additional
nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract satisfactory to the City of
Diamond Bar.
In accordance with the requirements of Section 9-3 of the General Provisions, as set forth
in the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
The City of Diamond Bar, California, reserves the right to reject any and all bids.
By order of the City Council of the City of Diamond Bar, California.
Dated this 6th day of March, 1990.
PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar,
California, this 6th day of March, 1990.
Mayor
ATTEST:
City Clerk
I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that
the foregoing Resolution was duly and regularly passed and adopted by the Council of the City
of Diamond Bar, California, at its regular meeting held on the 6th day of March, 1990, by the
following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar,
California
Page 7
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the
proposed work and the contract documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be encountered as to the character, quality,
and quantity of materials to be furnished, and as to the requirements of the contract,
specifications and drawings. The name of the individual who examined the site of the work
and the date of such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally examined the site and the
drawings, to have carefully read the specifications, and to have satisfied himself as to his ability
to meet all the difficulties attending the execution of the proposed contract before the delivery of
his proposal, and agrees that if he is awarded the contract, he will make no claim against the
City of Diamond Bar based on ignorance or misunderstanding of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written
request, or by telegraphic request confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract
until he has secured all insurance and bonds required under this section nor shall be allow any
subcontractor to commence work on this subcontract until all similar insurance and bonds
required of the subcontractor have been obtained. All insurance issued in compliance with this
section shall be issued in the form, and be an insurer of insurers, satisfactory to and first
approved by the City in writing. Certificates of insurance in the amounts required shall be
furnished by the contractor to the City prior to the commencement of work.
The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of
the State of California for all labor employed by him or by any subcontractor under him who
may come within the protection of such Workmen's Compensation Insurance laws.
The contractor shall maintain public liability insurance to protect said contractor and the City
against loss from liability imposed by law, for damages on account of bodily injury, including
death resulting therefrom, suffered or alleged to have been suffered by any person or persons,
other than employees, resulting directly or indirectly from the performance or execution of this
contract or any subcontract thereunder, and also to protect said contractor and the City against
loss from liability imposed by law, for damage to any property, damage insurance shall be
maintained by the contractor in full force and effect during the entire period of performance
under this contract, in the amount of not less than $500,000 for one person injured in the
accident and in the amount of not less than $1,000,000 for more than one person injured in
one accident and in the amount of not less than $500,000 with respect to any property damage
aforesaid. The City shall be named a co-insured regardless of fault.
Page 9
The contractor shall secure with a responsible corporate surety, or corporate sureties,
satisfactory bonds conditioned upon faithful performance by the contractor of all requirements
under the contract and upon the payment of claims of materials, men and laborers thereunder.
The Faithful Performance Bond shall be in the sum of not less than one hundred percent
(100%) of the estimated aggregate amount of the payments to be made under the contract
computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall
be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount
of the payments to be made under the contract computed on the basis of the prices stated in
the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating
submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the
drawings, specifications, or other contract documents, or finds discrepancies in, or omissions
from the drawings and specifications, he may submit to the Owner a written request for an
interpretation or correction thereof. The person submitting the request will be responsible for its
prompt delivery. Any interpretation or correction of the contract documents will be made only
by Addendum duly issued and a copy of such addendum will be mailed or delivered to each
person receiving a set of the contract documents. No person is authorized to make any oral
interpretation of any provision in the contract documents to any bidder, and no bidder is
authorized to rely on any such unauthorized oral interpretation.
10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm,
partnership, corporation, or association under the same or different names, will not be
considered. Reasonable grounds for believing that any bidder is interested in more than one
proposal for the work contemplated will cause the rejection of all proposals in which such
bidder is interested. If there is reason for believing that collusion exists among the bidders, all
bids will be rejected and none of the participants in such collusion will be considered in future
proposals.
11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible
bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will
be compared on the basis of the lowest possible cost relative to the alternate or alternates
selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal
complies with the requirements of these specifications. The award, if made, will be made within
sixty (60) calendar days after the opening of the proposals; provided that the award may be
made after said period of the successful bidder shall not have given the City written notice of
the withdrawal of his bid.
12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the
election of the governing board to the lowest responsible bidder on the base bid, or on the
base bid and any alternate or combination of alternates.
13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration
will be given not only to the financial standing but also to the general competency of the bidder
for the performance of the work covered by the proposal.
Page 10
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed
subcontractors on this project as required by the Subletting and Subcontracting Fair Practices
Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the
contract documents.
15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 of
the Labor Code, the Contractor shall secure the payment of compensation to his employees.
The Contractor shall sign and file with the Owner the following certificate prior to performing the
work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code
which require compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of the
work of this contract."
16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the
discretion of the Owner, will be held for sixty days or until posting by the successful bidder of
the Bonds required and return of executed copies of the Agreement, whichever first occurs, at
which time the deposits will be returned after consideration of the bids.
17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a
written contract with the City on the form agreement provided, and shall secure all insurance
and bonds as herein provided within ten (10) days from the date of written notice of the award.
Failure or refusal to enter into a contract as herein provided, or to conform to any of the
stipulated requirements in connection therewith shall be just cause for the annulment of the
award and the forfeiture of the proposal guaranty.
If the successful bidder refuses or fails to execute the contract, the City may award the contract
to the second lowest responsible bidder. If the second lowest responsible bidder refuses or
fails to execute the contract, the City may award the contract to the third lowest responsible
bidder. On the failure or refusal of such second or third lowest bidder to execute the contract,
such bidder's guarantees shall be likewise forfeited to the City. The work may then re
readvertised.
18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380)
Government Code, all specifications shall be deemed to include the words "or equal", provided
however that permissible exceptions hereto shall be specifically noted in the specifications.
19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply
with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of apprentices. The contractor and any
subcontractor under him shall comply with the requirements of said sections in the employment
of apprentices; however, the contractor shall have full responsibility for compliance with said
Labor Code section, for all apprenticeable occupations, regardless of any other contractual or
employment relationships alleged to exist. In addition to the above State Labor Code
Requirements regarding the employment of apprentices and trainees, the contractor and all sub-
contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations
(29CFR).
Page 11
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is
under consideration for the award of the contract shall submit promptly to the City satisfactory
evidence showing the bidder's financial resources, his construction experience, and his
organization and plant facilities available for the performance of the contract.
21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in
the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as
penalty to the City of Diamond Bar, twenty-five dollars ($25) for laborers, workmen, or
mechanics employed for each calendar day, or portion thereof, if such laborer, workman or
mechanic employed is paid less than the general prevailing rate of wages herein referred to
and stipulated for any work done under the proposed contract, by him, or by any subcontractor
under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to
1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth
in the aforementioned Labor Code are on file and available for inspection in the Office of the
Department of Industrial Relations, Division of Labor Statistics and Research.
22. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid City of Diamond
Bar business license prior to the issuance of the first payment made under this contract.
23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence
work on or before the date of the written "Notice to Proceed" of the City and to fully complete
the project within one -hundred -twenty (120) calendar days thereafter. Bidder must agree also to
pay as liquidated damages, the sum of two -hundred -fifty dollars ($250.00) for each calendar day
thereafter as provided in the General Conditions.
24. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that
upon payment of the appropriate purchase price, the set of contract drawings and specifications
become the property of the purchaser and are not to be returned to the City of Diamond Bar.
25. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the
lowest responsible bidder whose proposal complies with all the requirements described.
26. QUANTITIES: The quantity of work for the unit price items to be done under the
contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an
expressed or implied statement that the actual quantity of work will correspond to the estimate.
The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate
items from the work if found desirable or expedient.
The Contractor will be allowed no claims for anticipated profits, loss of profits or for any
damages of any sort because of any difference between the estimated and actual quantities of
work done or for work decreased or eliminated by the City of Diamond Bar.
The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to
waive any irregularity or informality in any bid to the extent permitted by law.
Page 12
27. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date
and hour set for opening of bids upon presentation of a written request to the City's Engineer
signed by an authorized representative of the bidder or by the person filing the bid.
28. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not
logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour
set for receipt of same will not be considered.
29. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any
additions, conditions, limitations, or provisions inserted by the bidder will render the proposal
irregular and may cause its rejection.
Erasures of interlineations in the proposal must be explained or noted over the signature of the
bidder.
30. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar
reserves the right to accept any bid or reject any or all bids and to waive any informality or
defects in bids received as the best interests of the City of Diamond Bar.
Proposals in which the bid prices are obviously unbalanced may be rejected.
Proposals in which a bid item is left totally blank will be considered as being nonresponsive
and automatically rejected.
31. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount
arrived at by multiplying the unit price times the quantity does not agree with the total amount
entered for the item or if the total amount is not entered, the unit price and the corrected
extension will be considered as representing the bidder's intentions.
If in a unit price bid item the total amount is entered for the item but not the unit price, the unit
price shall be that which is derived by dividing the total amount bid for the item by the number
of units in the item.
If the amounts bid on individual items (if called for) do not add up to the total amount shown,
the correctly added total of the individual items shall prevail over the total amount.
32. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue
addenda to the contract documents during the period of advertising for bids, for the purpose of
clarifying or correcting special provisions, plans or bid proposal.
Purchasers of contract documents will be furnished with copies of such addenda, either by first
class mail or personal delivery, during the period of advertising. The addenda will be sent to
the address the purchaser of the contract documents left with or furnished the City of Diamond
Bar at the time the purchase was made.
Page 13
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
TRAFFIC SIGNAL EQUIPMENT
GRAND AVENUE AT LONGVIEW DRIVE, SHOTGUN LANE AND SUMMIT RIDGE DRIVE
DESCRIPTION
The work shall consist of furnishing traffic signal poles for the intersection of:
GRAND AVENUE AT LONGVIEW DRIVE, SHOTGUN LANE AND SUMMIT RIDGE DRIVE
The equipment shall be installed at a later date by the City under separate City contract.
STANDARDS, STEEL PEDESTALS AND POSTS
Traffic signal poles shall conform to Section 86-2.04 of the Standard Specifications and the
Standard Plans of the California Department of Transportation, dated January, 1988.
Poles shall be furnished complete with anchor bolts.
Poles shall be delivered to the city of Diamond Bar City Hall, 21660 East Copley Drive, Suite 100,
Diamond Bar, Ca 91765-4177.
DELIVERY
The Contractor shall be responsible for all costs associated with transportation, loading, offloading
and delivery of all equipment to the locations designated herein. The Contractor shall also be
responsible to deliver all equipment to the City of Diamond Bar in first-class working order and
ready for field installation.
TIME OF COMPLETION AND LIQUIDATED DAMAGES
All equipment shall be delivered to the City of Diamond Bar within one -hundred -twenty (120)
calendar days after award of the bid. Liquidated damages shall be assessed at the rate of $250.00
per day for each day in excess of the time allowed.
Page 14
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
TRAFFIC SIGNAL EQUIPMENT
GRAND AVENUE AT LONGVIEW DRIVE, SHOTGUN LANE AND SUMMIT RIDGE DRIVE
WARRANTIES, GUARANTEES, AND INSTRUCTION SHEETS
The poles, mast arms, and components shall be guaranteed for a period of one year from date of
delivery and acceptance at Diamond Bar City Hall.
PAYMENT
The prices bid for the various items shall include all costs, including, but not limited to, material,
transportation, protection of equipment and applicable sales tax. No additional payment will be
made therefor.
Page 15
PAGE 16 MISSING FROM ORIGINAL REPORT -
THIS IS THE "POLE SCHEDULE" THAT WILL
NOT BE AVAILABLE UNTIL THE MEETING
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
TRAFFIC SIGNAL EQUIPMENT
GRAND AVENUE AT LONGVIEW DRIVE, SHOTGUN LANE AND SUMMIT RIDGE DRIVE
The undersigned bidder further understands that the City of Diamond Bar, California reserves the
right to award all or any part of this bid without any obligation to the City. The City also reserves
the right to waive and informality in bids.
Dated: , 1990
PROPER NAME OF BIDDER
By:
(Signature of bidder)
Address
City and Zip Code
Telephone Number
License No. and Type
Page 17
CITY OF DIAMOND BAR
SPECIFICATIONS FOR
TRAFFIC SIGNAL EQUIPMENT
GRAND AVENUE AT LONGVIEW DRIVE, SHOTGUN LANE AND SUMMIT RIDGE DRIVE
Accompanying this proposal is
(insert "$ cash," "cashiers check," "certified check," or "bidder's bond,"
as the case amy be) in the amount equal to at least ten percent (10%) of the total bid.
The undersigned further agrees that in case of default in executing the required contact, with
necessary bond, within ten (10) days, including Sundays and legal holidays, after having received
notice that the contract has been awarded and is ready for signature, the proceeds of the security
accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and
the acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
Page 18
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Bid Date
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint
venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the
current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint
venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would
like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any
and all fatalities.
5 Calendar Years Prior to Current Year
1986 1967 1988 1989 TOTAL CURRENT YEAR
1. No. of contracts
2. Total dollar amount of contracts (in thousands of S)
3. No. of fatalities
4. No. of lost workday cases
5. No. of lost work day cases involving permanent
transfer to another job or termination of
employment
6.' No. of lost workdays
`The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational
Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102.
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that
the information is true and accurate within the limitations of these records.
Name of Bidder (print)
Address
Signature
State Contractors' Lic. No. &
Classification
City Zip Code Telephone
Page 19
The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows:
Ave.
Avenue
&
And
AC
Asphaltic Concrete
Blvd.
Boulevard
CAB
Crushed Aggregate Base
CB
Catch Basin
Conc.
Concrete
Conn.
Connector or Connection
Const.
Construct
CIP
Cast Iron Pipe
CSP
CY
D
Dia.
Dbl.
Dwy.
EA
ELC
Excay.
Ex. or Exist.
1
Fur. & PI
Ga.
Galy.
Gr,
H
HC
Improv
11
JS
Lb.
LD
Corrugated Steel Pipe
Cubic Yard
D -load of pipe
Diameter
Double
Driveway
Each
Electrolier Lighting
Conduit
Excavation
Existing
Feet
Furnish and place
Gauge
Galvanized
Grate
High or height
House connection
sewer
Improvements
Inches
Junction Structure
Pounds
Local Depression
LF
LS
Mod.
MH
I
No.
NRCP
Pvmt.
Perm. Surf.
PCC
RC
RCB
RCP
Reconn.
Reconst.
Reinf.
Restor.
Resurf.
Rd.
Sched.
SD
Sec.
SF.
Spec.
SS
Sta.
St.
Struct.
Trans.
TS
Var.
VCP
W
Page 20
Linear Feet
Lump Sum
Modified
Manhole
Number
Number
Non reinforced concrete
pipe
Pavement
Permanent Surfacing
Portland Cement
Concrete
Reinforced Concrete
Reinforced Concrete Box
Reinforced Concrete Pipe
Reconnect
Reconstruct
Reinforcing or reinforced
Restoration
Resurfacing
Road
Schedule
Storm Drain
Section
Square Feet
Special
Sanitary Sewer
Station
Street
structure
Transition
Transition Structure
Variable
Vitrified Clay Pipe
Wide or Width
SUBCONTRACTORS LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name
and location of the place of business of each subcontractor who will perform work or labor or render service to the general
contractor in or about the construction of the work or improvement in an amount in excess of one-half (112) of one percent (1%)
of the general contractor's total bid, and the portion of the work which will be done by each subcontractor.
Name under which Sub- License Address of Office, Specific Description
contractor is licensed Number Mill or Shop of Sub -contract work
& portion of the Work
H the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews.
(Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.)
Dated
Bidder
Signature
Signature
Page 21
AFFIDAVIT FOR CO -PARTNERSHIP FIRM
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
, being
first duly sworn, deposes and says:
That he is a member of the co -partnership firm designated as
which is the party making the foregoing proposal or bid; that
such bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid
or that such other person shall refrain from bidding; and has not
in any manner sought by collusion to secure any advantage against
the City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
That he has been and is duly vested with authority to make
and sign instruments for the co -partnership by
who constitute the other members of the co -partnership.
Subscribed and sworn
to before me this
day of
Signature
19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 22
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
, being
first duly sworn, deposes and says:
That he is
of,
a corporation which is the party making the foregoing proposal or
bid; that such bid is genuine and not collusive or sham; that
said bidder has not colluded, conspired, connived or agreed,
directly or indirectly, with any other bidder or person to put in
a sham bid or that such other person shall refrain from bidding;
and has not in any manner sought by collusion to secure any
advantage against the City of Diamond Bar or any person
interested in the proposed contract, for himself or for any other
person.
Signature
Subscribed and sworn
to before me this
day of 19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 23
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
, being
first duly sworn, deposes and says:
That he is the party making the foregoing proposal or bid;
that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly
or indirectly, with any other bidder or person to put in a sham
bid or that such other person shall refrain from bidding; and has
not in any manner sought by collusion to secure any advantage
against the City of Diamond Bar or any person interested in the
proposed contract, for himself or for any other person.
Signature
Subscribed and sworn
to before me this
day of 19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 24
AFFIDAVIT FOR JOINT VENTURE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
, being
first duly sworn, deposes and says:
That he is of,
one of the parties submitting the foregoing bid as a joint
venture and that he has been and is duly vested with the
authority to make and sign instruments for and on behalf of the
parties making said bid who are:
0
9
that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly
or indirectly, with any other bidder or person to put in a sham
bid or that such other person shall refrain from bidding; and has
not in any manner sought by collusion to secure any advantage
against the City of Diamond Bar or any person interested in the
proposed contract, for himself or for any other person.
Subscribed and sworn
to before me this
day of
Signature
19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 25
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, and,
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
Dollars
($ ) lawful money of the United States of America, for
the payment of which sum, will and truly to be made, we bind
ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
contract has been awarded and is about to enter into the annexed
contract with said City for consideration of the work under the
specification entitled
and is required by said City to give this bond in connection with
the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void;
otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the
terms of said contract shall not in any way release said
Contractor or the Surety thereunder nor shall any extension of
item granted under the provisions of said contract release either
said Contractor or said Surety and notice of such alterations or
extensions of the contract is hereby waived by such Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1990.
PRINCIPAL
BY:
( SEAL)
SURETY
BY:
Page 26
( SEAL)
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
DOLLARS ($ )
lawful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
contract with said City for construction of the work under the
City's specification entitled
and is required
by said City to give this bond in connection with the execution
of said contract;
NOW, THEREFORE, if said Contractor in said contract, or
subcontractor, fails to pay for any materials, provisions,
provender or other supplies, or for the use of implements or
machinery, used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor, said Surety will pay for the
same in an amount not exceeding the sum specified above, and also
in case suit is brought upon this bond, a reasonable attorney's
fee, to be fined by the court. This bond shall immure to the
benefit of any and all persons entitled to file claims under
Section 1192.1 of the Code of Civil Procedure of the State of
California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms
of said contract, shall not in any way release either said
Contractor or said Surety thereunder nor shall any extensions of
time granted under the provisions of said contract release either
said Contractor or said Surety, and notice of such alterations or
extensions of the contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this
day of , 1990.
PRINCIPAL
BY:
( SEAL)
SURETY
BY:
Page 27
( SEAL)
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,
as principal, and
as surety, are held
and firmly bound unto the City of Diamond Bar in the sum to ten
percent (10%) of the total amount of the bid of the principal, to
be paid to the said City or its certain attorney, its successors
and assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the
sum of $
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid
to the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond
Bar City Hall on March 27, 1990 for Traffic Signal Equipment for
Grand Avenue at Longview Drive, Shotgun Lane and Summit Ridge
Drive in the City of Diamond Bar.
NOW THEREFORE, if the aforesaid principal is awarded the
contract, and within the time and manner required under the
specifications, after the prescribed forms are presented to him
for signature, enters into a written contract, in the prescribed
form in accordance with the bid, and files the two bonds with the
City of Diamond Bar, one to guarantee faithful performance and
other to guarantee payments for labor and materials, as required
by law, then this obligation shall be null and void; otherwise it
shall remain in full force and effect. In the event suit is
brought upon this bond by the obligee and judgment is recovered,
the surety shall pay all costs incurred by the obligee in such
suit, including a reasonable attorney's fee to be fixed by the
court.
Page 28
BIDDER'S BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of A.D., 1990
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be
properly acknowledged.
Page 29
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following agreement
is made and entered into, in duplicate, as of the date executed by
the City Clerk and the Mayor, by and between
hereinafter referred to as the "CONTRACTOR" and the City of Diamond
Bar, California, hereinafter referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals,
bids were received, publicly opened, and declared on the date
specified in said notice; and
WHEREAS, City did accept the bid of Contractor
and;
WHEREAS, City has authorized the City Clerk and Mayor to enter
into a written contract with Contractor for furnishing labor,
equipment, and material for Traffic Signal Equipment for Grand
Avenue and Diamond Bar Boulevard.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all
necessary labor, tools, materials, appliances, and equipment for
and do the work for the Traffic Signal Equipment for Grand Avenue
and Diamond Bar Boulevard. Said work to be performed in accordance
with specifications and standards on file in the office of the City
Manager and in accordance with bid prices hereinafter mentioned and
in accordance with the instructions of the City Manager.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all
of said documents were set forth in full herein. Said documents,
the Resolution Inviting Bids attached hereto, together with this
written agreement, shall constitute the contract between the
parties. This contract is intended to require a complete and
finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental
regulations shall be performed by the contractor whether set out
specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this
written agreement, the provisions of this written agreement shall
control.
Page 30
3. TERMS OF CONTRACT
a. The undersigned bidder agrees to execute the contract
within ten (10) calendar days from the date of notice of award of
the contract or upon notice by City after ten (10) calendar days
from the date of notice of award of the contract or upon notice by
City after the 10 calendar days, and to complete his portion of the
work within one -hundred -twenty (120) calendar days from the
execution of the first contract. The bidder agrees further to the
assessment of liquidated damages in the amount of two -hundred -
fifty ($250.00) dollars for each calendar day the work remains
incomplete beyond the expiration of the completion date. City may
deduct the amount thereof from any monies due or that may become
due the Contractor under this contract. Progress payments made
after the scheduled date of completion shall not constitute a
waiver of liquidated damages.
4. INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all insurance required
hereunder in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The contractor shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Compensation Insurance: Before beginning work, the
Contractor shall furnish to the Engineer a
certificate of insurance as proof that he has taken
out full compensation insurance for all persons whom
he may employ directly or through subcontractors in
carrying out the work specified herein, in
accordance with the laws of the State of California.
Such insurance shall be maintained in full force and
effect during the period covered by this contract.
In accordance with the provisions of Section 3700
of the California Labor Code, every contractor shall
secure the payment of compensation to his employees.
Contractor, prior to commencing work, shall sign and
file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker's compensation
or to undertake self insurance in accordance with
the provisions of that Code, and I will comply with
such provisions before commencing the performance
of work of this contract."
Page 31
b. For all operations of the Contractor or any
subcontractor in performing the work provided for
herein, insurance with the following minimum limits
and coverage:
1) Public Liability - Bodily Injury (not auto
($500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto)
$250,000 each person; $500,000 aggregate.
3) Contractor's Protective - Bodily Injury
$500,000 each person; $1,000,000 each accident.
4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each
person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in
paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do
business in the State of California.
2) Name as additional insured the City of Diamond
Bar, its officers, agents and employees, and
any other parties specified in the bid
documents to by so included;
3) Specify it acts as primary insurance and that
no insurance held or owned by the designated
additional insured shall be called upon to
cover a loss under said policy;
4) Contain a clause substantially in the following
words:
Page 32
"It is hereby understood and agreed that this
policy may not be canceled nor the amount of
the coverage thereof reduced until thirty (30)
days after receipt by City of a written notice
of such cancellation or reduction of coverage
as evidenced by receipt of a registered
letter."
5) Otherwise be in form satisfactory to City.
d. The policy of insurance provided for in subparagraph
a. shall contain an endorsement which:
1) Waives all right of subrogation against all
persons and entities specified in subparagraph
4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided
for in paragraph b. by reason of any claim
arising out of or connected with the operations
of Contractor or any subcontractor in
performing the work provided for herein;
2) Provides it shall not be canceled or altered
without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall at the time of the execution
of the contract present the original policies of
insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company,
showing the issuance of such insurance, and the
additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is here by given that in
accordance with the provisions of California Labor code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in locality in which the public
work is performed, and not less than the general prevailing rate
of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the State
of California is required to and has determined such general
prevailing rates of per diem wages. copies of such prevailing
rates of per diem wages are on file in the office of the City clerk
of the City of Diamond Bar, Suite 100 21660 E. Copley Drive,
Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations
to be posted at the job site.
Page 33
The contractor shall forfeit, as penalty to City, twenty
five dollars ($25.00) for each laborer, workman, or mechanic
employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate
of wages hereinbefore stipulated for any work done under the
attached contract, by him or by any subcontractor under him, in
violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the
provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statues of 1939, and in accordance with the
regulations of the California Apprenticeship council, properly
indentured apprentices may a employed in the prosecution of the
work.
Attention is directed to the provisions in Sections
1777.5 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices journeymen that
will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
a. When unemployment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
b. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
d. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
Page 34
The Contractor is required to make contribution to funds
established for the administration of apprenticeship programs if
he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other contractors on
the public works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by the
laws of the State of California having to do with working hours set
forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to City,
twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore
mentioned, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and
its officers, agents and employees shall not be answerable or
accountable in any manner for any loss or damage that may happen
to the"work or any part thereof, or for any of the materials or
other things used or employed in performing the work; or for injury
or damage to any person or persons, either workmen employees of the
contractor of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The
contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from
any cause whatsoever, except the sole negligence or willful
misconduct of City, its employees, servants, or independent
Page 35
contractors who are directly responsible to City during the
progress of the work or at any time before its completion and final
acceptance.
The Contractor will indemnify City against and will hold
and save City harmless from any and all actions, claims, damages
to persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity,
corporation, political subdivision, or other organization arising
out of or in connection with the work, operation, or activities of
the contractor, his agents, employees, subcontractors, or invitees
provided for herein, whether or not there is concurrent passive or
active negligence on the part of City, but excluding such actions,
claims, damages to persons or property, penalties, obligations, or
liabilities arising from the sole negligence or willful misconduct
of City, its employees, servants, or independent contractors who
are directly responsible to City, and in connection therewith:
a. The Contractor will defend any action or actions
filed in connection with any of said claims,
damages, penalties, obligations, o liabilities and
will pay all costs and expenses, including
attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment
rendered against the Contractor or City covering
such claims, damages, penalties, obligations, and
liabilities arising out of or in connection with
such work, operations, or activities of the
Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
C. In the event City, without fault, its made a party
to any action or proceeding filed or prosecuted
against he Contractor for damages or other claims
arising out of or in connection with the work,
operation, or activities of the contractor
hereunder, the contractor agrees to pay to City any
and all costs and expenses incurred by City in such
action or proceeding together with reasonable
attorneys' fees.
So much of the money due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may
be retained by City until disposition has been made of such actions
or claims for damage as aforesaid.
Page 36
10. NON-DISCRIMINATION: No discrimination shall be made
in the employment of persons upon public works because of the race,
color, or religion of such persons, and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Division 2, Part 7, Chapter 1 of the
Labor Code in accordance with the provisions of Section 1735 of
said Code.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the
Contractor for furnishing all material and doing the prescribed
work the unit prices set forth in the Price Schedule in accordance
with Contractor's Proposal dated March 13, 1990.
12. ATTORNEYS' FEES: In the event that any action or
proceeding is brought by either party to enforce any term or
provision of this Agreement, the prevailing party shall recover its
reasonable attorneys' fees and costs incurred with respect thereto.
Page 37
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No.
Date
By:
Title
Title
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
By:
City Clerk
Date
Contractor's Business Phone
Emergency Phone at which
Contractor can be reached at any time
Page 38
RESOLUTION NO. 90-
A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF TRAFFIC SIGNAL EQUIPMENT FOR GRAND
AVENUE AT LONGVIEW DRIVE, AT SHOTGUN LANE AND SUMMIT
RIDGE DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements
in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and specifications for the
construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the
City of Diamond Bar be and are hereby approved as the specifications for Traffic Signal Equipment
for Grand Avenue at Longview Drive, Shotgun Lane and Summit Ridge Drive.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for doing of the work
specified in the aforesaid plans and specifications, which said advertisement shall be substantially
in the following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles
County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond
Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the
hour of 10:00 o'clock A.M. on the 27th day of March, 1990, sealed bids or proposals for the Traffic
Signal Equipment for Grand Avenue at Longview Drive, Shotgun Lane and Summit Ridge Drive in
said City.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100,
21660 E. Copley Drive, Diamond Bar, California.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond
Bar, California, marked, "Bid for Traffic Signal Equipment for Grand Avenue at Longview Drive,
Shotgun Lane and Summit Ridge Drive".
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to
pay not less than the general prevailing rate of per diem wages for work of a similar character in
the locality in which the public work is performed, and not less than the general prevailing rate of
per diem wages for holiday and overtime work. In that regard, the Director of the Department of
Industrial Relations of the State of California is required to and has determined such general
Page 1
prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond
Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested
party on request. The Contracting Agency also shall cause a copy of such determinations to be
posted at the job site.
The Contractor shall forfeit, as penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion
thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statutes of 1939, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of
the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site
of the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
be used in the performance of the contract. The ratio of apprentices to journeymen in such cases
shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior
to the request for certificate, or
B. When the number of apprentices in training in the area exceeds a ratio
of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
statewide or locally, or
D. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less
than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship programs if he employs registered apprentices or journeymen in any
apprenticable trade on such contracts and if other Contractors on the public works site are making
such contributions.
The Contractor and subcontractor under him shall comply with the requirements of Sections
1777.5 and 1777.6 in the employment of apprentices.
Page 2
Information relative to apprenticeship standards, wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its
branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall employ with
and be governed by the laws of the State of California having to do with working hours as set
forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him
or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar
day during which said laborer, workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute
the work required by this contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's
bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the
amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same
is awarded to him, and in event of failure to enter into such contract said cash, cashier's check,
certified check, or bond shall become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the
lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the
low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of the contract for
said work shall be one hundred percent (100%) of the contract price thereof, and an additional
bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given
to secure the payment of claims for any materials or supplies furnished for the performance of the
work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and
the Contractor will also be required to furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which may be entered into between
him and the said City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not licensed as a contractor at
time of award in accordance with the provisions of the Contractor's License Law (California
Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant
thereto or to whom a proposal form has not been issued by the City of Diamond Bar.
The work is to be done in accordance with the profiles, plans, and specifications of the City
of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon application to the City of Diamond
Bar and payment of none, said $_WC is nonrefundable.
Page 3
Upon written request by the bidder, copies of the plans and specifications will be mailed
when said request is accompanied by payment stipulated above, together with an additional
nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract satisfactory to the City of
Diamond Bar.
In accordance with the requirements of Section 9-3 of the General Provisions, as set forth
in the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
The City of Diamond Bar, California, reserves the right to reject any and all bids.
By order of the City Council of the City of Diamond Bar, California.
Dated this 6th day of March, 1990.
PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar,
California, this 6th day of March, 1990.
Mayor
ATTEST:
City Clerk
I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that
the foregoing Resolution was duly and regularly passed and adopted by the Council of the City
of Diamond Bar, California, at its regular meeting held on the 6th day of March, 1990, by the
following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar,
California
Page 4
RESOLUTION NO. 90-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
CITY OF DIAMOND BAR URGING THE CONGRESS OF THE
UNITED STATES TO REVISE THE CABLE COMMUNICATIONS
POLICY ACT OF 1984 TO OPEN THE CABLE INDUSTRY
TO MORE COMPETITION IN THE MARKETPLACE
WHEREAS, it is in the public interest to provide competition
for existing cable TV services, both transmission and
programming, through a telephone network capable of video
transmission to enhance the development of new technologies and
faster introduction of products and services to the marketplace
at competitive prices; and
WHEREAS, integrated broadband network will provide consumers
with greater choices of video program suppliers and preferred
services - advantages that would be extended ultimately to all
consumers, rural and urban - so as to avoid a divided society of
information "haves" and "have nots;" and
WHEREAS, a statewide fiber optic network will serve as a
vital component to the future public and continuing education
structures; and
WHEREAS, a highly -featured telephone network capable of
video transmission would be an asset to international
competitiveness for the United States and economic development
within the State; and
WHEREAS, adequate accounting and structural safeguards have
been developed and are already in place in the state and federal
jurisdictions to protect against cross -subsidization from
telephone customers;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City of Diamond urges the Congress to enact
appropriate legislation to open the cable market to
competition, to enhance the development of new
technologies and to modernize the telecommunications
infrastructure.
2. The Clerk of the City Council transmit copies of this
resolution to the Governor of the State, the Speaker of
the House of Representatives, and to members of the
Congress of the United States.
PASSED, APPROVED AND ADOPTED this day of March, 1990.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar do
hereby certify that the foregoing Resolution was adopted at a
regular meeting of the City Council of the City of Diamond Bar
held on the day of 1990, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk of the
City of Diamond Bar
RESOLUTION NO. 90 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, ESTABLISHING VOTING
PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT
BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL
MUNICIPAL ELECTION ON TUESDAY, APRIL 10, 1990, CALLED
BY RESOLUTION NO. 90-3 OF THE CITY COUNCIL.
WHEREAS, a General Municipal Election to be held on
Tuesday, April 10, 1990; has been called by Resolution No. 90-3,
adopted on January 2, 1990.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That for the purpose of holding the
General Municipal Election, there is established 26 voting
precincts consisting of consolidations of the regular election
precincts in the City of Diamond Bar established for the holding
of state and county elections, as the regular election precincts
exist on the date of adoption of this resolution. That the
polling places for the respective precincts shall be the places
designated; and that the persons named being competent and voters
and residents of the City are appointed precinct board members
for their respective voting precincts and they shall conduct the
election in the manner provided by law.
SECTION 2. The polling places and precinct board
members for the following precincts will be as established by the
County of Los Angeles.
Voting Precinct 1780008 (Comprising regular election
precincts 1780008 and 1780041).
1
Voting Precinct 1780014.
Voting Precinct 1780019.
Voting Precinct 1780020 (Comprising regular election
precincts 1780011 and 1780020).
Voting Precinct 1780021.
Voting Precinct 1780043.
Voting Precinct 1780067 (Comprising regular election
precincts 1780067 and 1780082).
Voting Precinct 1780068.
Voting Precinct 1780069 (Comprising regular election
precincts 1780044 and 1780069).
Voting Precinct 1780070 (Comprising regular election
precincts 1780070 and 1780085).
Voting Precinct 1780071.
Voting Precinct 1780072.
Voting Precinct 1780073.
Voting Precinct 1780075 (Comprising regular election
precincts 1780075 and 1780088).
Voting Precinct 1780076 (Comprising regular election
precincts 1780006 and 1780076).
Voting Precinct 1780078 (Comprising regular election
precincts 1780078 and 1780086).
Voting Precinct 1780079 (Comprising regular election
precincts 1780079 and 1780083).
Voting Precinct 1780080 (Comprising regular election
precincts 1780007 and 1780080).
Voting Precinct 1780087.
Voting Precinct 1780089 (Comprising regular election
precincts 1780089 and 1780090).
Voting Precinct 1780091.
Voting Precinct 1780092 (Comprising regular election
precincts 1780077, 1780092 and 1780093).
SECTION 3. The polling places and precinct board
members for the following precincts are appointed by the City of
Diamond Bar:
Voting Precinct 1780063.
Polling Place: Diamond Point Clubhouse, 536
Navajo Springs Rd., 91765
Accessible to Handicapped: No
Inspector: Rebecca J. Hale
Clerk: Janis M. Otto
Clerk: Ann M. Jessop
Voting Precinct 1780064.
Polling Place: Diamond Point Elementary School
Cafeteria, 24150 Sunset Crossing Rd.,
91766
Accessible to Handicapped: Yes
Inspector: Carolyn Lange
Clerk: Oliver Lange
Clerk: Jeanne Forrest
Voting Precinct 1780065 (Comprising regular election
precincts 1780065 and 1780084).
Polling Place: Deane Home Swim Club, 1010
Overlook Ridge, 91765
Accessible to Handicapped: No
Inspector: Charlotte Raasch
Clerk: Grace Iniquez
Clerk: Marlys Sherrill
Voting Precinct 1780066 (Comprising regular elections
precincts 1780066 and 1780081).
Polling Place: Diamond Point Elementary School
Cafeteria, 24150 Sunset Crossing Rd.,
91766
Accessible to Handicapped: Yes
Inspector: Toni Dabich
Clerk:
Clerk:
SECTION 4. That the compensation of the
persons named as precinct board members is fixed at the sum of 45
dollars ($45.00) for each Inspector and 35 dollars ($35.00) for
each Clerk for the election. The rental for each of polling
3
place, where a charge is made, shall be the sum of 25 dollars
($25.00) for the election. When required, the compensation of
the Custodian of a building shall be 12 dollars ($12.00) for the
election.
SECTION 5. That the City Clerk shall certify
to the passage and adoption of this resolution and enter it into
the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON
19
Mayor
ATTEST:
City Clerk
I, LYNDA BURGESS, City Clerk of the City of
Diamond Bar do hereby certify that the foregoing Resolution was
passed, adopted and approved at a regular meeting of the City
Council of the City of Diamond Bar held on the day of
1990, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
kyw0*116,
4
City Clerk of the City
of Diamond Bar
RESOLUTION NO. 90 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, ORDERING THE CANVASS OF
THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, APRIL 10, 1990, BE MADE BY
THE CITY CLERK.
WHEREAS, a General Municipal Election to be held and
conducted in the City of Diamond Bar, California, on Tuesday,
April 10, 1990 as required by law.
WHEREAS, the City Council desires the canvass of the
election to be made by the City Clerk;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to Section 22932.5 of the
Elections Code of the State of California, the canvass of the
General Municipal Election to be held is ordered to be made by
the City Clerk.
SECTION 2. That the City Clerk shall complete the
canvass of the election prior to April 17, 1990, and shall
certify the results to the City Council on April 17, 1990.
SECTION 3. That the City Clerk shall certify to the
passage and adoption of this resolution and enter it into the
book of original resolutions.
1990.
PASSED, APPROVED AND ADOPTED this day of March,
Mayor
I, LYNDA BURGESS, 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 , 1990, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk of the
City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT
February 27, 1990
COUNCIL AGENDA DATE - March 6, 1990
TO: MAYOR AND CITY COUNCIL
VIA: ROBERT L. VAN NORT, CITY MANAGER
FROM: RONALD L. KRANZER, CITY ENGINEER- -2
SUBJECT: AWARD OF BID - DIAMOND BAR BOULEVARD MEDIAN ISLAND
LANDSCAPE IMPROVEMENT PROJECT.
Formal bids were received and opened on February 27, 1990 from two contractors. The bid
document called for the median island landscape improvements on Diamond Bar Boulevard
generally from Brea Canyon Road to Clear Creek Canyon Road (one block north of Grand Avenue).
The project consists of irrigation system installations, planting of turf, planting of trees, planting of
five and one gallon shrubs, planting of various annual flowers, planting of ground cover, trenching,
hardscape installation of River Rock in mortar, and the importing and spreading of top soil. The
project also includes the installation of 4'x 8' project signboards to be installed in each of the four
sections of said boulevard.
If the project is awarded at this council meeting, the contractor will begin construction on or before
March 19, 1990 and will complete the project within 90 days.
The two bids received for this project (see attached Bid Summary Form) were from Valley Crest
Landscape, Inc. for $334,388.75 and General Procurement & Construction Co., Inc. for $396,588.00.
Although there were only two bids, staff is confident we have received a good valid bid.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
REVIEWED BY:
-------------------------------------------- --------------------
Robert L. Van Nort Andrew V. Arczynski Linda Magnuson
City Manager City Attorney Sr. Accountant
City Council - March 6, 1990
Diamond Bar Blvd Medians - Award of Bid
Page 2
Valley Crest is well known throughout the industry and have a solid reputation for quality work and
performance. Staff has completed a reference check and found no negative response.
Funding for this project is available in Landscape and Lighting Assessment District #38.
RECOMMENDATION:
It is recommended that the City Council receive the formal bids and accept the formal bid of Valley
Crest Landscape, Inc. for construction of Diamond Bar Boulevard median island improvements
and award a contract to said company based upon their formal bid for a total contract cost of
$334,388.75. The cost for this contract will be funded by LLAD #38.
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C4 UFOR10
THOMAS A. TIDEMANSON, Director
February 9, 1990
COUNTY OF LOS ANGE� I�1ED
DEPARTMENT OF PUBLIC WORVS.ND BAR
900 SOUTH FREMONT AVENUE CITY CLERK
Mr. Robert Van Nort
City Manager
City of Diamond Bar
21660 E. Copley Drive
Diamond Bar, CA 91765
Dear Mr. Van Nort:
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (818) 458-5100
PUBLIC WORKS MUTUAL AID AGREEMENT
nJJ FL 14 ARJSSSj&CORRESPONDENCE TO:
P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE RM -0
REFER TO FILE:
As you know, the seismic experts tell us that there is a very high probability
that the Southern California Region will experience a devastating earthquake
within the next 30 years on one of the many faults that criss-cross this region.
The estimated impact of such an earthquake on the infrastructure that we as
public works officials are responsible for maintaining is staggering and is pro-
jected to be beyond the resources of any single City or County to cope with. It
will be absolutely vital that the impacted public works agencies be able to get
assistance from other public works agencies quickly to effectively deal with
such a catastrophe. We believe the best way to do this is to have public works
mutual aid agreements in place before the earthquake strikes.
Recognizing this need, my staff has jointly developed the attached Public Works
Mutual Aid Agreement with the staffs of other public works departments and the
State Region I Office of Emergency Services. I am pleased to report that the
Los Angeles County and Orange County BoardsofSupervisors recently approved
this Agreement so it is in full force and effect between our two Counties. It
has also been sent to eight other Southern California Counties with the expecta-
tion that they and the cities within those counties will become signatories to
the Agreement. Eventually, we are hopeful that Counties and Cities statewide
will become parties to the Agreement.
In a major emergency, the County would, of course, provide the full range of
emergency services to contract cities currently receiving our services and to
other cities upon request under existing General Services Agreements up to the
limit of our available resources. However, in a truly catastrophic disaster,
our resources will be depleted and it will be necessary to request outside
assistance. Also, many cities in the County do not have existing mutual aid
agreements to provide one another with public works assistance in a disaster.
It is for these reasons that it is desirable for all cities in the County become
parties to the attached agreement.
Mr. Robert Van Nort -2- February 9, 1990
We invite your City to join with us as a party to the Agreement so that you can
share in its benefits. The Agreement does not obligate your City to provide
anything, but it establishes procedures for you to receive critical assistance
in a disaster if needed. In the event your City does provide public works
mutual aid assistance to a City or County, you would be fully compensated under
the terms of the Agreement. If you have any questions regarding the Agreement,
please contact my Disaster Services Coordinator, Ken Weary (phone 818-458-3981).
Please process a duplicate copy of the attached signed Agreement to your City
Council for approval. Upon execution by your Council, we request that you pro-
vide a signed copy to us for our records in accordance with Paragraph 19 of the
Agreement.
Very truly yours,
T. A. TIDEMANSON
Director of Public Works
DONALDY. LNE
Deputy ector
KEW:ds/PM-PWMAA
Attach.
cc: Mr. Ronald Kranzer
City Engineer
Mr. Jerry Roach
Area "D" Coordinator
THOMAS A. TIDEMANSON. Director
October 19, 1989
l_ lJ v ..N .. .L u .. .J 1.' V t'L_N 11.J_J.IJ"')
DEPAIRTNIEST OF PUBLIC W0 RXS
900 Sot'T { FR -MOI(T AVENUE
LLVAMALA, CAI IF()BNIA 91103-13:11
Tel<p.ionc 3&1).13&-5100
Honorable Board of Supervisors
County cf Los Angeles
383 Hall of Administration
500 West. Temple Street
Los Angeles, California 90012
Dear Supervisors:
MULTI -COUNTY PUBLIC WORKS MUTUAL AID
ALL SUPE:RYISORIAL DISTRICTS
RECOMMENDATIONS:
That your Board:
ADDRESS ALL CORRESPONDENCE TO:
P.D. SOX 1460
ALHAMBRA. CALIFORNIA 91&01.1460
IN REPLY PLEASE RM -0
REFER TO FILE
AD
(� P T F
,.�
D)
ccU
cc UN Y OF
4-:3 OCT 3 11989
AGREEMENT
ARRY J. MONTEILN
IIECUTIVE OFFICER
1. Approve the attached Agreement for Public Works Mutual Aid between the
County of Los Angeles and Orange County as initial signatories with a
provision to allow other Counties, Cities and State agencies to become
subsequent additional parties to the Agreement.
2. Instruct the Chairman of the Board to sign the.Agreement.
Representatives of the Los Angeles County Department of Public Works have been
working with representatives of other County and City Public Works Departments,
the State Office of Emergency Services, the American Public Works Association,
the League of California Cities and County Supervisors Association of California
to develop a formal Mutual Aid Agreement for rendering Public Works Mutual Aid
in disasters.
Formal Mutual Aid Agreements already exist for the Fire Service, Law Enforcement
and Coroner agencies throughout the State. It has been recognized that formal-
ized Mutual Aid Agreements are also needed in the public works discipline which
is heavily involved in major disasters. Because the need for Public Works
Mutual Aid occurs less frequently than in fire and law enforcement, reciprocal
service is less likely within any reasonable time frame so a reimbursement pro-
vision has been included in the attached Agreement.-.. The California Emergency
Services Act sets forth in Title 2, Division 1, Chapter.7 (Section 8550 et seq.)
of the Government Code and specifically Article 14 (Section 8630 et seq.) of the
Act the basis.for Public Works Mutual Aid Agreements- authorization:
Honorable Board of Supervisors
Page 2
October 19, 1989
The attached Agreement is between Los Angeles County and Orange County as initial
signatories. However, it has been endorsed by representatives of all of the
Southern California Counties and the Region I State Office of Emergency Services
and those agencies are expected to approve and also become signatories as provided
under the terms of the Agreement. It is anticipated that many of the cities in
these counties will also become parties to the Agreement.
The Agreement is intended to be used only in major disasters when the available
resources of any one County are not adequate to cope with the disaster and out-
side public works resources are required. It is anticipated that in such a
case, a_Local Emergency will have been declared and a State of Emergency will
probably be requested. While the Agreement is primarily aimed at a catastrophic
disaster such as a major earthquake, it could be used -for any disaster such as a
major flood. The basic provisions -of the Agreement are, -that rendering of mutual
aid by any party is strictly voluntary so that the -resources of the assisting
party are not unreasonably depleted by the rendering of such aid. The aid pro-
vided by a party would be fully reimbursed by the party receiving the aid. (In
a major disaster, most of this cost is likely to be reimbursed by the State and
Federal Governments).
The approval of this Agreement will be a major step in developing critical
assistance to save lives and protect property of the citizens of this County and
its Cities by..allowing us to receive public works assistance from other Counties
and Cities in Southern California and allowing us to provide assistance to them
so they can do the same.
Attached are three copies of the Agreement which have been reviewed and approved
as to form by County Counsel. Upon approval, please return the two copies marked
"ORIGINAL° to this Department for processing together with four approved copies
of this letter. The County File Copy is for your files until the fully executed
County's Copy is returned to you, -at which time the County File Copy -should be
conformed and forwarded.to the Auditor -Controller.
Respectfully submitted,
T. A. TIDENAN N
i irector(of ublic Works-
KEW:ad/8-BLAID
Attach.
cc:- CAO (Disaster Services)
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA MINUTES
January 9, 1990
PUBLIC WORKS MUTUAL AID AGREEMENT NO. 62170 WITH LOS ANGELES COUNTY:
Environmental Management Agency requests approval of agreement for
Public Works Mutual Aid.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Roth,
the Board moved to: 1. Authorize execution of Mutual Aid Agreement
No. 62170 with Los Angeles County as initial signator with provision for
other counties, cities and State Agencies to -become subsequent
additional parties. 2. Designate Environmental Management Agency
Public Works Operations Manager as Coordinator for Orange County.
MOTION UNANIMOUSLY CARRIED.
u:i.:G:.M1N_
PUBLIC WORKS MUTUAL AID AGREEMENT
This Mutual Aid Agreement ("Agreement") is made and entered into by those parties
who have adopted and signed this Agreement.
WHEREAS, the California Office of Emergency Services, the League of
California Cities, the County Supervisors Association of California, and the
American Public Works Association have expressed a mutual interest in the
establishment of a plan to facilitate and encourage public works mutual aid
agreements between political subdivisions throughout California; and
WHEREAS, the parties hereto have determined that it would be in their
best interests to enter into an agreement that implements that plan and sets
forth procedures and the responsibilities of the parties whenever emergency
personnel, equipment and facility assistance is provided from one party's
Public Works Department to the other; and
WHEREAS, no party should be in a position of depleting unreasonably its
own resources, facilities, or services providing such mutual aid; and
WHEREAS, such an agreement is in accord with the California Emergency
Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.)
of the Government Code and specifically with Article 14 (Section 8630 et seq.)
of the Act.
NOW, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. For this Agreement, the following terms shall be ascribed the following
meanings:
a. "Coordinator" shall mean the person designated by each party to act
on behalf of that party on all matters relative to mutual aid, to
include but not be limited to requests, responses, and reimbursement.
b. "Local Emergency" shall mean the actual or threatened existence of
conditions of disaster or extreme peril to the safety of persons or
property within the territorial limits of one of the parties caused
by human or natural conditions such as air pollution, fire, flood,
storm, wind, earthquake, explosion, transportation accident, hazard-
ous material problem, tsunami, sudden or severe energy shortage,
epidemic, riot or other occurrences, other than conditions resulting
from a labor controversy, which occurrences, or the immediate threat
thereof, are likely to be beyond the control of the personnel,
equipment, or facilities of that party to this Agreement and which
personnel, equipment or facilities of the other party are therefore
desired to combat.
C. An "Operational Area" for the coordination of public works mutual aid
shall normally be a County and all the jurisdictions within the County
that are parties to this Agreement. A different public works opera-
tional area may be established by the parties in some unique cases.
2. Coordinators designated by each party shall be designated by Title,
Name, Address and Phone Number, and if said Coordinator changes, the
other parties of the Agreement shall be notified in writing as soon as l�
practical after the appointment has been made through the Agreement
Coordinator designated in Paragraph 18 hereinafter.
C
3. When a Local Emergency has been proclaimed by party's
governing body or authorized official, the Coordinator may request
assistance.
4. When request for assistance is received, the assisting Coordinator shall
promptly advise of the extent of response, provide whatever personnel,
equipment, and/or facilities as can be provided without jeopardizing
the safety of persons or property within their jurisdiction. No party
receiving a request for assistance shall be under any obligation to
provide assistance or incur any liability for not complying with the
request.
5. When the assisting Coordinator's personnel, equipment, and/or facil-
ities are no longer required or when assisting Coordinator advises
that the resources are required within their own jurisdiction, the
requesting Coordinator shall immediately arrange for the return of
those resources.
6. Requesting party shall be responsible for the safekeeping of the
resources provided by the assisting party. Requesting Coordinator
shall remain in charge of the incident or occurrence and shall provide
control and direction to the resources provided by the assisting party.
The request may include for providing supervisory personnel to take
direct charge of the resources under the general direction of the
requesting Coordinator. Requesting Coordinator shall make arrange-
ments for housing and feeding, assisting personnel, fueling, servicing,
and repair of equipment if such support is requested by assisting
Coordinator. Assisting party's personnel shall not be deemed employees
of requesting party and vice versa.
7. The requesting party agrees to pay all direct, indirect, administra-
tive and contracted costs of assisting party incurred as a result of
providing assistance pursuant to this Agreement, based upon standard
rates applicable to assisting party's internal operations. Payment
shall be made within sixty (60) days after receipt of a detailed
invoice. Requesting party shall not assume any liability for the
direct payment of any salary or wages to any officer or employee of
assisting party.
8. Requesting party shall hold harmless, indemnify, and defend the
assisting party, its officers, agents, and employees against all lia-
bility, claims, losses, demands or actions for injury to, or death of,
a person or persons, or damages to property arising out of, or alleged
to arise out of or in consequence of, this Agreement provided such
liability, claims, losses, demands, or actions are claimed to be due
to the acts or omissions of the requesting party, its officers, agents,
or employees, or employees of the assisting party working under the
direction and control of the requesting party when the act or omission
of such assisting party employee occurs or is alleged to occur within
the scope of employment under the direction and control of the
requesting party.
9. When mutual aid is provided, the requesting and assisting agencies,
will keep account records of the personnel, equipment, and materials
provided as required by Federal and State (NDAA) and FEMA guidelines
to maximize the possibility of Federal and State disaster reimbursement.
Each party shall have access to other party's records for this purpose.
10. Agreement shall take effect immediately upon its execution and shall
remain in effect until terminated.
11. Any party may withdraw from agreement without cause upon delivery of
sixty (60) days prior written notice to the Agreement Coordinator
designated in Paragraph 18 hereinafter.
12. To the extent that they are inconsistent with this agreement all prior
agreements for public works mutual aid between the parties hereto are
hereby null and void.
13. Requests for mutual aid assistance under this Agreement when more
than one County is impacted by a disaster, should be channeled
through the appropriate Regional State Office of Emergency Services
to ensure maximum effectiveness in allocating resources to the
highest priority needs.
14. Requests for Public Works assistance from outside of an operational
area should be channeled through the authorized emergency management
organizations for the requesting and providing parties' operational
areas.
15. Any controversy or claim arising out of or relating to this Agreement,
or the breach thereof, shall be settled by arbitration in accordance
with the Rules of the American Arbitration Association and judgment on
the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
16. This Agreement in no way acts to abrogate or waive any immunity available
under the Tort Claims Act.
17. Initial signatories to this Agreement are:
Los Angeles County
Orange County
18. The County of Los Angeles shall act as the initial Agreement coordinator
of this program for the purpose of:
a. Receipt of new members to the Agreement.
b. Maintaining a current list of signatory parties and representatives.
c. Circulating annually a list of all parties and Representatives to all
signatory parties.
d. Arranging for amendments to agreement as may be necessary.
The party acting as Agreement Coordinator may transfer these responsi-
bilities to another party with the consent of that party and upon
notification of the other parties to the Agreement.
19. All signatory parties agree that any other qualified public agency or
quasi public agency may become a party to this agreement by executing a
duplicate copy of this agreement and sending same to the Agreement
Coordinator, initially the County of Los Angeles, addressed as follows:
The Los Angeles County Department of Public Works
900 South Fremont Avenue
Alhambra, CA 91803-1331
Attention: Disaster Services Coordinator
IN WITNESS THEREOF, the parties hereto have executed this Agreement by their
duly authorized officers on the dates hereinafter indicated.
ATTEST c`i;
Larry J. Monteith`
05 ANGELES COUNTY
Executive Officer -Clerk of'�♦ :_-.�
i y � _..F!' irk
the Board of Supervisors z —'/
vRt:la�'
BY
�'-'' �-' ter.%✓
DEPUTY CHAIRMAN, BOARD OF SUPERVISORS'
ATTEST
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE. CRAIP14AN OF THE BOARD.
LINDA D. RUTH JAN g .,
CLERK OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
APPROVED AS TO FORM
DeWitt W. Clinton
County Counsel
BY
PRINCIP L DEPUTY
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
'7
Deputy
AZV a
R-MCPW
ORANGE COUNTY
ZY O'eZ
CHAIRMAN, BOARD OF SUPERVISORS
BO;1R�' iiE: ,�
CCU.% r��i : cr' S�f'S
n _
j -8S
LARRY j.
EXECUTNE oFFICER
The City Council of the City of Diamond Bar has accepted that
certain agreement called "Public Works Mutual Aid Agreement" this
6th day of March, 1990.
Phyllis E. Papen, Mayor
ATTEST:
Lynda Burgess, City Clerk
PROCLAMATION OF THE CITY OF DIAMOND BAR,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
PROCLAIMING THE MONTH OF FEBRUARY, 1990
AS "PORTABLE RADIO AND BATTERIES" MONTH
IN CONJUNCTION WITH THE YEAR-LONG EARTHQUAKE
SURVIVAL PROGRAM IN SOUTHERN CALIFORNIA
WHEREAS, the County of Los Angeles adopted and implemented
the Earthquake Survival Program which encourages residents to
take a different precaution each month; and
WHEREAS, the loss of life and property can be greatly
reduced if appropriate preparedness measures are taken before a
damaging earthquake; and
WHEREAS, the month of February has been designated as the
month to purchase a portable radio and batteries in conjunction
with the Earthquake Survival Program; and
WHEREAS, all residents of Southern California are encouraged
to continue taking emergency preparedness precautions to make
themselves more self-sufficient in the event of a catastrophic
incident, such as a major earthquake; and
WHEREAS, the year-long educational campaign, known as the
Earthquake Survival Program is recognized as a convenient method
for residents to better prepare themselves and also to enhance
their awareness of the ever-present threat of earthquakes;
NOW, THEREFORE BE IT PROCLAIMED by the City Council of the
City of Diamond Bar that the month of February, 1990 is PORTABLE
RADIO AND BATTERIES MONTH in the City of Diamond Bar and the City
Council encourages all residents to store a portable radio and
batteries for use during power outages following a major
earthquake. This preparedness step will help to keep them
informed of subsequent events that occur and to advise them of
precautionary actions they should take for their own safety and
survival.
Mayor
ATTEST:
LYNDA BURGESS, City Clerk
of the City of Diamond Bar
RECEIVED
CCA19401, E3AR v
Fps T _' AUNTY OF LOS ANGELES
?CIf;I�DMINISTRATIVE OFFICE
713 HALL OF ADMINISTRATION I LOS ANGELES, CALIFORNIA 90012
• �4WOW" 974-1101
RICHARD B. DIXON
CHIEF ADMINISTRATIVE OFFICER
February 13, 1990
The Honorable Phyllis
City of Diamond Bar
21660 E. Copley Drive,
Diamond Bar, CA 91765
Dear Mayor Papen:
Papen, Mayor
Suite 330
EARTHQUAKE SURVIVAL PROGRAM PROCLAMATION
MEMBERS OF THE BOARD
PETER F.SCHABARUM
KENNETH HAHN
EDMUND D.EDELMAN
DEANE DANA
MICHAEL D. ANTONOVICH
The Los Angeles County Board of Supervisors recently proclaimed
February, 1990 as "Portable Radio and Batteries Month" (draft
proclamation attached) in conjunction with the Southern California
Earthquake Survival Program (ESP). This is the tenth precautionary
measure of the Earthquake Survival Program for presentation to the
residents of Southern California.
I am pleased to have the City of Diamond Bar's name on our monthly
mailing list for ESP informational material.
Thank you for your continued support of this important public
awareness program and for joining in our efforts to encourage all
residents to take steps now toward earthquake preparedness.
Sincerely,
RICHA t B. DI N
Chief Administrative Officer
RBD:MLK
JEH : j S10
Attachment
02PROCL4.LEM
,a
PROCLAMATION OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, PROCLAIMING THE MONTH OF FEBRUARY,
1990 AS "PORTABLE RADIO AND BATTERIES" MONTH
IN CONJUNCTION WITH THE YEAR-LONG EARTHQUAKE
SURVIVAL PROGRAM IN SOUTHERN CALIFORNIA.
WHEREAS, the County of Los Angeles adopted and
implemented the Earthquake Survival Program which encourages
residents to take a different precaution each month; and
WHEREAS, the loss of life and property can be greatly
reduced if appropriate preparedness measures are taken before a
damaging earthquake; and
WHEREAS, the month of February has been designated as the
month to purchase a portable radio and batteries in conjunction
with the Earthquake Survival Program; and
WHEREAS, all residents of Southern California are
encouraged to continue taking emergency preparedness precautions
to make themselves more self-sufficient in the event of a
catastrophic incident, such as a major earthquake; and
WHEREAS, the year-long educational campaign, known as the
Earthquake Survival Program is recognized as a convenient method
for residents to better prepare themselves and also to enhance
their awareness of the ever-present threat of earthquakes;
NOW, THEREFORE BE IT PROCLAIMED by the Board of
supervisors that the month of February, 1990 is PORTABLE RADIO AND
BATTERIES MONTH in Los Angeles County and the Board encourages all
residents to store a portable radio and batteries for use during
power outages following a major earthquake. This preparedness step
will help to keep them informed of subsequent events that occur and
to advise them of precautionary actions they should take for their
own safety and survival.
-2-
I DO HEREBY CERTIFY that at a regular meeting of the
Board of Supervisors of the County of Los Angeles on the
day of
was adopted.
, 19 , the foregoing proclamation
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the Board of Supervisors of the County of
Los Angeles this day of
APPROVED AS TO FORM:
DE WITT W'CLINTON
County Counsel
esproc02
19
LARRY MONTEILH, Executive Officer -
Board of Supervisors of the County
of Los Angeles
By
-3-
Deputy
PROCLAMATION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, PROCLAIMING THE WEER
OF MARCH 11-17, 1990 AS GIRL SCOUT WEER
WHEREAS, Girl Scouts of the U.S.A. is the largest voluntary
organization for girls in the world and recognizes that today's
girls' will be tomorrow's leaders; and
WHEREAS, the Girl Scout Movement emphasizes building self-
confidence, leadership skills, and decision-making ability; and
WHEREAS, Girl Scouts of the U.S.A. celebrates individuality
in girls that they may develop their full potential; and
WHEREAS, Girl Scouts of the U.S.A. is open to all girls ages
5 yo 17 and offers a program that is responsive to their needs
and interests;
NOW, THEREFORE, the City Council of the City of Diamond Bar
hereby proclaim March 11-17, 1990, Girls Scout Week in the City
of Diamond Bar and thus, do urge the citizens of the City of
Diamond Bar to support Girls Scouts in their endeavors.
MAYOR
ATTEST:
LYNDA BURGESS, City Clerk
of the City of Diamond Bar
February 9, 1990
Hon. Mayor of Diamond Bar
Ms. Phyllis Paten
City Hall
21660 E. Copley Dr. Suite 100
Diamond Bar, CA 91765-4177
Dear Mayor Paten,
GIRL SCOUTS
Spanish Trails
Girl Scout Council
1707 North Towne Avenue
Pomona, California 91767-3897
714/623.2518
818/331-7325
March 11-17, 1990, is Girl Scout Week. In honor of the occasion,
Girl Scouts in your city request that you proclaim March 11-17 as
Girl Scout Week (a sample proclamation is attached for your
consideration). We also request that our proclamation be read at
the city council meeting.
We would like to have some girls, representing the neighborhood,
to do a flag ceremony. Please contact me at (818) 331-7325,
(714) 623-2518 or (213) 693-0268 and let me know if this can be
done.
We deeply appreciate your support in recognizing this time as
Girl Scout Week.
Sincerely,
f
Sharon J. Hewitt
Public Relations Director
SH/vr
EQUAL OPPORTUNITY EMPLOYER • AGENCY OF UNITED WAY. INC. a
GIRL SCOUT NEER PROCLAMATION
WHEREAS, Girl Scouts of the U.S.A. is the largest voluntary
organization for girls in the world and recognizes that today's
girls' will be tomorrow's leaders; and
WHEREAS, the Girl Scout Movement emphasizes building self-
confidence, leadership skills, and decision-making ability; and
WHEREAS, Girl Scouts of the U.S.A. celebrates individuality in
girls that they may develop their full potential; and
WHEREAS, Girl Scouts of the U.S.A. is open to all girls ages 5 to
17 and offers a program that is responsive to their needs and
interests;
NOW, THEREFORE, I (name of mayor), by virtue of the authority
vested in me as mayor of (community) hereby proclaim March 11-17,
1990, Girl Scout Week in (community)'and thus, do urge the citi-
zens of (community) to support Girl Scouts in their endeavors.
lzop
RECCIVED
DIAMOND BAR
SA� GABRIEL VALLErA550CIATION OF CITIES
Ell " �7� ' 1= a
_ P.O. BOX 576 WEST COVtNA, CA I RNA 91793 • (714) 598-2020
FOR IMMEDIATE DISTRIBUTION: MAYOR, CITY MANAGER, COUNCILMEMBERS
Subject: (Agenda item for scheduling at your earliest convenient
City Council meeting date)
WASTE -BY- RAIL - PROPOSED JOINT POWERS AGREEMENT
Over the last four years the San Gabriel Valley Association
of Cities has been working toward a significant solution to the
problem we all have --- solid waste disposal. After the unanimous
vote of our 30 cities to proceed, the Association has gone forward
to initiate a Joint Powers Agreement to implement one of these key
solutions - rail -haul.
Your city representative was recently furnished a project
summary for the implementation of a "waste -by -rail" disposal
system for our region. Refer to that summary for details. The
attached reprint (TRIBUNE 1/21/90) summarizes the situation.
Within 90 days, if possible, we seek a commitment from
interested cities for trash tonnage totalling a minimum of 24000
tons per week. A successful project will mean the participating
cities will have solved their solid waste disposal problems for
well over 100 years at rates lower than many proolem areas pay
now. The program requires a commitment now although it will be a
few years before the "Authority" is operational. By that time
several existing landfills will have closed or will have used up
most of their operational life.
We would like to have one of our committee members make a
presentation to your council and get your agreement to be a member
of the JPA. Please contact me as soon as possible to coordinate
your scheduled meeting with one of our Solid Waste Committee
members. Please schedule this item early in your agenda as our
volunteers have 30 meetings to cover in addition to their regular
council duties. They will attend your meeting only if request is
made and they will present the program and answer your questions.
Let me remind you also that AB 939 requires that each city
report on their trash tonnage totals and that recycling be
implemented. ( The League furnished you a good summary of AB
939). Penalties in the bill can amount up to $10,000 per day for
non-compliance. This project will address the requirements of AB
939 in a very positive manner as it covers recycling and disposal.
I look forward to hearing from you in the near future.
;fid K a�
Harvey K. Holden
Executive Director
Note: 23 pg. Draft/Jt. Powers Agreement furnished on request.
Committee member assigned to your city as indicated.
Tom Harvey Sam KnowlesHenry Morgan Nell Soto
ra•Areadia•AzuMMW4 11 P py'+tl(v*ieo CpylMa4l3ovndMOGLkvte EQ$nuGWoia dustry•i win"* C86"n ag- La Puente -La Veme • Monrovia
Monterey Park•Pasadena-Pomona•Rosemead•San Dimas -San Gabriel -San Marino -Sierra Madre -South EI Monw-South Pasadena -Temple City-Walnut•West Covina
Tribune/News
Sunday, January 21, 1990
Rail plan
for waste
makes gamin
25 members from cities
in Valley show support
By DONNA JOHNSON
Staff writer
BALDWIN PARK — Backers of
the San Gabriel Valley's waste -
by -rail plan are taking to the
streets.
Representatives from 25 of the
30 members of the San Gabriel
Valley Association of Cities unani-
mously endorsed strategies last
week for asking city councils to
Put themselves on record in sup•
port of hauling all or part of their
trash to the desert.
The association's waste task
force chairman, La Verne Coun-
cilman Thomas Harvey, said his
committee will have a schedule
by mid-February for presenta-
tions to the councils.
In addition to cities in the
Valley, possible participants in-
clude Kern, Los Angeles, Orange,
Riverside, San Bernardino and
Ventura counties, as well as cities
in each of those counties.
Harvey estimated it will take
three to four months to get oom-
mitments for the minimum Koo0
tons of .rash per week that will
mane Cine proposal workable. The
task force's timeline allows one
year to line up participants.
and study, Harvey said, `+people
no longer call this a crag no-
tion. }
"We have a window of oppor-
tunity but it could close very
anon," he added. "We have the
capacity for the region to mobi-
lite and work together to solve
our waste management prob-
lems."
Cities and counties that g@t on
Ward the rall-haul system early
will get a break in the coati o(*
the system is operational.
While operating costs have not
been pinned down, Harvey said,
they will be funded by members
of a pact, called powers
authority, through a AM`s fee
for the trash that Is dumped at
receiving stat ipp0 r tpe dwrt.
There will be no cost to the
pact's members until the system
is ready to run.
No final decisions have been
made yet, he said, on proposed
locations for the transfer stations
where garbage will be gathered
and loaded into railcars, or for
potential dump sites in the far
reaches of Riverside and San
Bernardino counties.
"That's up to the private sector
— the two consortiums formed
between railroads and waste -haul-
ing companies — to resolve.
We're doing our half by getting
the public sector to start the
process and begin the system."
Harvey said "stuff is going on
behind the scenes" to choose the
sites, but the issues are independ-
ent from the task force's work to
get cities to contract for deliver~
ing their trash.
"West Covina, for ina`umce, can
say, 'We don't want a transfer
station.' They don't have to have
one. But they could still be a
member of the JPA."
DINT POWERS AGRE -•„
NGELES COUNTY METROPOLITAN A W -BIP-�II.::.`.._
AND DISPOSAL SY -"
i 3 :3
This Joint Powers Agreement is made and entered into by and between County Sanitation
District No. 2 of Los Angeles County ("District"), for itself and on behalf of County Sanitation
Districts No. 1, 2, 3, 5, 8, 15, 16, 17, 18, 19, 21, 22, 23, 29 and the South Bay Cities Sanitation
Districts of Los Angeles County (hereinafter collectively referred to as "Districts"), and such other
governmental entities which may become party to this agreement as provided, hereinafter referred
to individually as "City" and collectively as "Cities".
WHEREAS, the Los Angeles County Sanitation District Joint Refuse Transfer and Disposal
System Agreement dated April 8, 1970, and amendments theretoempowersDistrict to enter into
certain transactions for and on behalf of County Sanitation District Nos. 1, 2, 3, 8, 15, 16, 17, 18,
19, 21, 22, 23, 29 and the South Bay Cities Sanitation Districts of Los Angeles County.
WHEREAS, as a consequence of the closure of landfills, and constraints on the expansion
of existing landfill sites and the implementation of new landfill sites in Los Angeles County, the
County is facing a projected shortage of authorized landfill disposal capacity in the metropolitan
area by the year 1992-
WHEREAS,
992
WHEREAS, Districts are special districts organized and existing pursuant to the County
Sanitation District Act, California Health & Safety Code Section 4700, et. sem., and have the power
to acquire, own, control, manage, and dispose of property necessary for the construction,
1
maintenance, and operation of a refuse transfer and disposal system or facilities.
WHEREAS; Cities are individually empowered to acquire, own, control, manage, and
dispose of property necessary for the construction, operation, or maintenance of a refuse transfer
and disposal system, including entering into contracts with others to perform some or all of these
functions related to implementing a waste -by -rail and disposal system and including setting of fees
and charges for the disposal of solid waste, and to sell or otherwise dispose of any by-products
therefrom.
WHEREAS, Cities through State law and local ordinances are each responsible for the
disposal of all or a portion of the municipal solid waste generated within its municipal boundaries,
and each is empowered to enter into contracts for the collection and disposal of this waste, and
may enter into agreements for the future collection and disposal of such waste, including
agreements whereby the waste would be handled exclusively by a certain refuse transfer and
disposal facility or system for a term of 25 years or longer.
WHEREAS, District, the San Gabriel Valley Association. of Cities (SGVAC), anti various
other cities, agencies, and..organizations have individually and/or jointly evaluated refuse transfer
and disposal by utilization of transfer and transportation by long haul rail systems to refuse disposal
sites outside of Los Angeles County (referred to hereinafter as "Waste -by -Rail"), and have
concluded that such systems can be a technically and economically viable means of solid waste
management. Waste -by -Rail, incorporating or in combination with waste reduction, materials
recovery, other transfer stations and at metropolitan landfills, would be consistent with a balanced
approach to solid waste management.
2
WHEREAS, District acting as the lead agency on behalf of its member cities and at the
request of SGVAC has prepared and administered a request for proposals for the design,
permitting, construction, financing, and operation of a complete Waste -by -Rail System to manage
a portion of the Los Angeles County metropolitan area's municipal solid waste after collection, and
is proceeding with the evaluation of those proposals received as a result of this request.
WHEREAS, SGVAC, an organization formed to represent the common interests of cities
in the San Gabriel Valley, and the Solid Waste Committee of SGVAC have independently
evaluated the implementation of Waste -by -Rail to serve a portion of the solid waste management
needs of its member cities. _
WHEREAS, the Southern California Association of Governments at the direction of
SGVAC has completed a feasibility study, dated April 21, 1988, which found that hauling solid
waste by railroad from the San Gabriel Valley was technically feasible, and the City of Los Angeles
commissioned a study, dated May 1988, which found that long-haul by rail of solid waste from the
City of Los Angeles to disposal sites beyond the City's boundaries was technically feasible.
WHEREAS, District desires to continue with the evaluation and possible implementation
of Waste -by -Rail for the Las Angeles County metropolitan area, and that such activity be carried
outs in an organized, timely manner. If it is decided toproceed with Waste -by -Rail, _ the parties
hereto desire that it be technically sound, environmentally acceptable, and financially feasible, and
sckm Cities through the mechanism of the joint powers authority provided for hereby.
3
NOW THEREFORE, District and Cities do agree as follows:
Section 1. Purpose,
1.1 This Agreement is made pursuant to the provisions of Chapter 5, Division 7, Title 1 of the
Government Code of the State of California ("the Act') relating to the joint exercise of powers
common to public agencies. District and Cities each possess the powers referred to in the recitals
set forth above.
Individual entities are expected to evaluate this agreement; those that agree to deliver waste
shall set forth any conditions on such delivery at the place indicated on the execution page. Upon
achieving agreements providing for delivery of a total of 24,000 tons or more per week, the
Authority shall be formed as hereinafter provided. Additional entities may become members as
provided herein. The Board of Directors of Authority shall determine whether to proceed with
implementation of Waste -by -Rail, and may take such further action as may be necessary or
convenient for making such determination, including but not limited to negotiation with Cities and
ordering studies.
1.2 The purpose of this Agreement include:
(a) To obtain agreements with certain governmental entities ("Cities") providing for delivery
for disposal of minimum quantities of municipal waste, utilizing Waste -by -Rail, and payment of fees
therefor by such entities;
(b) To establish a separate legal entity known the Los Angeles County Metropolitan
Area Waste -by -Rail Authority (hereinafter referred to at "Authority) upon obtaining agreements
4 -
t
for transfer and loading of a minimum of 24,000 tons per week of municipal solid waste generated
in Los Angeles County and/or adjacent counties; and
(c) to implement a Waste -by -Rail and disposal system if certain conditions are met.
1.21 Execution of this Agreement shall be Cities' agreement to deliver to Authority the
minimum number of tons set forth in the execution page of Agreement and on the terms specified.
After formation of Authority, Authority may permit additional parties. The agreement to deliver
and pay for waste in the quantities specified as assignable. Any agreement to accept waste is
contingent upon full implementation of Waste -by -Rail system, or .-authority, and District specifically
assumes no liability hereunder for waste management for any City or Member.
1.2.2 The Waste -by -Rail and disposal is intended to accept at transfer/loading facilities a
minimum of 24,000 total tons per week of municipal solid waste generated in Los Angeles and/or
adjacent counties and, after materials recovery to transport the remaining materials to a remote
disposal site or sites, and if appropriate to implement and operate such facilities.
Section 2 Members.
Cities that are party to this agreement at the time of formation of the Authority become
Members of the Authority upon its formation. District also becomes a Member. After formation
of the Authority Governmental entities located within the County of Los Angeles or within a
county adjacent to the County of Los Angeles may become Members and parties to this Agreement
through execution of a joinder agreement in form substantially as set forth in Exhibit W.
' 5
The Board of Directors is directed and empowered to provide favored status to Cities
which become party to this Agreement at an early date as incentive for early commitment of waste
to the project. Sush incentives shall include but not necessarily be limited to a lower contracted
charge to be paid by such Members for disposal of waste, and priority in the allocation of limited
project waste handling capacity; Members shall be served up to their committed waste amounts
based on the order in which they became parties to this Agreement.
Section 3. Term.
This Agreement among District and Cities is effective upon execution, and shall continue
in effect to a date one year from the date of execution by District as shown next to the place for
District execution; provided, however, that if District gives notice that Agreement has been
obtained for delivery of 24,000 tons per week, then the term shall be extended for an additional
period of 25 years; provided further that the Agreement can be extended for an additional period
if mutually agreed upon by District and a majority of the then Members; provided, further, that
the Board of Directors of Authority may terminate this Agreement and Authority at any time prior
to January 1, 1993.
Section 4. Authority.
A. Creation of Authority.
In the event that Cities which are parties hereto have agreed to deliver 24,000 tons or more
of solid waste per week within one year of the execution of this Agreement by District, then there
6
shall be created a separate and distinct public entity, to be known as the Los Angeles County
Metropolitan Area Waste -by -Rail Authority ("Authority"). The debts, liabilities and obligations of
the Authority shall- not constitute debts, liabilities or obligations of District or Members of such
Authority or the parties hereto. The parties hereto agree to take such further action as may be
reasonable in order to complete formation of Authority.
B. Board of Directors.
Authority shall be governed by a Board of Directors composed of five (5) members, each
serving in his or her individual capacity as a Director of the Board. Four (4) Directors of the
Board shall be elected by the governing bodies of Members from a slate of candidates formed by
a by given body. One (1) member of the Board shall be appointed by the Board
of Directors of District and shall either be a Director or an employee of District The governing
bodies of Members shall elect, and District Board of Directors shall appoint alternate directors to
act as members of the Board during a director's absence, inability or refusal to act.
Vacancies on the Board of a director originally elected by Members shall be filled through
election by allMembers. Vacancies on the Board of a director originally appointed by District shall
be filled by District-
C.
istrict
C. Officers.
The Board shall elect a Chairperson and Vice Chairperson from among its members at its
Ent meeting. Thereafter at the first meeting held in each succeeding calendar year the Board shall
elect or re-elect its Chairperson and Vice Chairperson. In the event that the Chairperson or Vice
Chairperson ceases to be a member of the Board, the resulting vacancy shall be filled at the next
meeting of the Beard held after such vacancy occurs. In the absence or inability of the
Chairperson to act, the Vice Chairperson shall act as Chairperson. The Chairperson, or in his or
her absence the Vice Chairperson, shall preside at and conduct all meetings of the Board.
The Secretary to the Board of Directors of District shall act as Secretary of the Board.
The Treasurer of the County of Los Angeles shall be the Treasurer of Authority and is
designated as the Authority's depository to have custody of all funds of Authority from whatever
source, subject to the provisions of any bond indenture or resolution. The Treasurer shall comply
with the provisions of Government Code Section 6505.5 as ' that Section may be amended or as
similar laws may from time to time provide.
The Auditor of the County of Los Angeles shall act as Authority's Controller. The
Controller shall be strictly accountable for all funds and shall report all receipts and disbursements.
The Controller shall establish and maintain such funds and accounts as may be required by good
accounting practice_ The books and records of Authority in= the hands of the Controller shall be
open to inspection at all reasonable times by representatives of Members and District. The
Controller within one hundred eighty (180) days after the close of each fiscal year shall give a
complete written report of all financial activities -for -such fiscal year to all Members and to District.
Remuneration for the Secretary, Treasurer- and Controller shall be approved or determined
by the Board. The Board may from time to time change the designated Secretary, Treasurer or
8
Controller to any person who is qualified by law to occupy such office.
The City Attorney or other legal counsel of any Member (representing all Members) or
District Counsel (representing District) shall at the expense of the Authority on request attend the
meetings of the Board and shall also on request advise the Board in cotinection with any business
relating to the affairs of the Authority, with fee rates to be approved by the Board.
The Board shall appoint or contract for the services of a Project Director and such other
staff as is reasonably necessary to conduct the affairs of the Authority. The Project Director and
members of the staff shall not be a member of the governing body of any Member nor a member
of the District Board of Directors. For the initial five (5) year period of _this Agreement the
Authority shall contract with District to provide the Project Director and staff who shall be
members of the staff of District. Fo'ilowing this period the Project _Director and staff may be a
member of the staff of either a Member or of District. The Project Director shall have overall
managerial responsibility for overseeing the implementation of the project by the Authority's forces
or under contract by others. The Project Director shall, within forty-five (45) days of the close of
each calendar quarter, give a complete written report on all project activities including financial
summaries to the Board
D. Meetings of the Board.
1. Regular Meetings.
r:
° 9
The Board shall provide for its regular meetings; provided that it shall hold at least
two regular meetings in each year and such further meetings as either Members or District may
reasonably request.- The dates upon which, and the hour and place at which any regular meeting
shall be held shall be fixed by resolution and a copy of such resolution shall be delivered to all
Members and to District. The place of the regular meetings shall be within the County of Los
Angeles or adjacent counties.
2. Ralph M. Brown Act.
All meetings of the Board, including without limitation, regular, adjourned regular,
and special meetings, shall be called, noticed, held and conducted in accordance with the provisions
of the Ralph M. Brown Act (Government Code Sections 54950 et seq.) as such act may be
amended or as similar acts regulating the conduct of meetings of public agencies may from time
to time provide.
3. Minutes,
The Secretary of the Board shall cause minutes of regular, adjoutned, regular, and
special meetings to be kept, and shall, as soon as possible after each meeting, CM a copy of the
minutes to be forwarded to each member of the Board and to Members and OWricL
4. Quorum.
t
Three (3) members present at a Board meeting shall constitute f 'grrum for the
10
i4.
transaction of business, except that a lesser number may adjourn for lack of a quorum.
S. Tie Votes.
In the event that the Board is equally divided and cannot agree on any matter that
is material to the management of the affairs of the Authority, the Project Director shall become
a voting member of the Board for the resolution of said matter.
E Powers.
Authority shall have the powers common to Cities and District including the power to
acquire, own, control, manage, and dispose of property necessary for the construction, operation,
or maintenance of a refuse transfer and disposal system, including implementing a waste -by -rail and
disposal system, and including setting of fees and charges for the disposal of solid waste, setting
administrative fees for supporting the activities of Authority, and to sell or otherwise dispose of any
by-product therefrom. Authority is hereby authorized to do all acts necessary to the exercise of
said common powers, including but not limited to the following:
a. To make and enter into contracts;
b. To employ agents and employees, and j op � for professional services;
To the extent that Member employees render services for Authority, the charges
therefore shall not exceed the Direct and Indirect Costs- Indirect Costs shall be a direct
11
percentage of Direct Costs and said percentage shall be identical for Members. Said percentage
shall be as mutually agreed by Members.
c. To acquire, construct, manage, maintain or operate any building, works, improvements
or facilities necessary to the operation of the Project;
d. To acquire by purchase, gift, lease or otherwise and to hold or. dispose of property and
to receive grants; provided that any real property acquired by Authority shall be located within Los
Angeles County or an adjacent county,
e. To lease all or any part of the project;
L To incur debts, liabilities, or obligations;
g To issue bonds, notes, warrants or other evidences of indeb .tat fi�ancC_p eject
costs, including without limitation the authority to issue revenue'U iocordance with
Article 2, Chapter 5, Division 7, Title 1 of the Government Code of the State of
California;
h. To sue and be sued in its own name;
-
i. To apply for and ezecute appropriate grants or contracts of financial assistance;
j. To establish by-laws by which the Board shall operate.
Said powers shall be subject only to such restrictions upon the manner of exercising such
powers as are imposed upon District in the exercise of similar powers.
Section 5. Contributions.
Each members shall pay upon invoice by Authority such sums as are necessary to pay
expenses incurred by Authority, except no single Member with a population of less than 500.000
shall contribute an amount greater than 10% of the total amount. Prior to commercial operation
of the project each City shall be assessed administrative fees in the proportion City's waste
commitment bears to total commitments, to be collected on an annual basis with the first payment
being thirty (30) days following the date City becomes a Member of Authority. During the period
of commercial operation of the project each City shall pay an administrative fee assessed per ton
of waste committed to the project to pay for Authority's administrative costs, to be separate and
in addition to any other fees or charges.
Those Members which become party to this Agreement by joinder following the formation
of Authority shall also contribute to Authority an amount equal to the proportionate share of costs
incurred to date for implementing the project, and existing Members :ball be proportionately
reimbursed or a credit applied to future payments by such Members to Authority.
r
All invoices of Authority shall, unless protested in writing, be paid within forty-five (45)
days of receipt. Members may potentially be reimbursed from any grants and net revenues accruing
_ to the project from operation of the proposed system -
13
Section 6. Commitment of Solid Waste.
By execution of this Agreement, and specifying the amount of waste agreed to be delivered
and the terms and conditions of delivery, each City and Member agrees to deliver to Authority the
amount of waste specified and further agrees to pay to Authority fees and charges as may be
established by the Board of Directors. The charges shall be based upon the amount of waste
agreed to be delivered, and shall be payable whether said amount is delivered to Authority or not.
Each City agrees to pay the Authority on a continuing basis in advance of the specified fee
calculated on the basis of the weight and/or type of waste delivered. Fees may be adjusted from
time to time by the Board of Directors of Authority.
6.2 Incentives shall be provided to Cities which become a parry to this agreement and
commit waste to the project at an early date_ 'Agreement to deliver waste by Cities made within -
the one-year period commencing on the date district executes this Agreement shall be charged If
Y= -
uniform 'base rate'. Cities entering into agreements after the first year, but before the end of the
second full year from the date District executes this Agreement shall be charged a uniform fee
equal to 05% of the base entering into agreements mote than twa yeas sftcr the _
date of execution by District � bCl charged a uniform fee equal to 114% of the base rata FII
addition to the foregoing, ea*: #trd/or Member shall pay a share of administrative costs of the
Authority proportionate to of waste it has -agreed to deliv�ertca Andority compared _---
YS
Fes'
to the total rt6nn* at d ' Ot]nbag for such costs is ma& ,Tlse oases 344 PG
annually prior to operation of rite-by-R"facilities, or as additional per ton fen after the
facilities are operating. a,
14
'r
'f
63 To account for week to week or seasonal variations in waste quantities, any City shall
be allowed to deliver to the project during any one week period commencing on a Monday and
ending on the following Sunday an amount of waste equal to 1100/c of the City's agreed quantity,
provided that the running average of any_52 consecutive weeks of waste quantities delivered to the
project does not exceed the City's committed waste quantity. In the event that less -than .the
committed quantity of waste is delivered by a Member, the Member shall not be entitled to any
reimbursement. However, upon approval _of the Board of Directors, which approval shall not
unreasonably be withheld, City shall be allowed to assign all or parts of its agreed waste quantity
to one or more other Cities, subject to an administrative fee associated with such determination;
provided, however, that during any one-week period, City may assign all or part of 110% of its
committed waste quantity to others without authority, provided, however, that successive
assignments under this clause shall not be permitted.
6.4 The Board of Directors shall approve all Members and agreements ta';deiim waste,
- and shall have overall authority to allocate waste management capabilities of the -Waste -by -Rail
project among its Members. Any shortfall in capacity shall be dWnbutedproportionately among
the Members.
6.5 The parties hereto acknowledge that implementation of the Waste*4
roe}uiand/or contractual arrangements with others requiring long termC
parties agree to furnish further assurances regarding psyment of charges foe.Wkii
-
15
WOJW may
Wnr.. The
Section 7. Project Implementation.
Authority shall decide whether or not to implement the project and ultimately Authority
shall be responsible for the implementation of the Project, involving the design, permitting,
construction, financing, and operation of a complete waste -by -rail and disposal system to manage
a portion of the Los Angeles County metropolitan area's municipal solid waste. Authority shall
arrange with District to utilize District personnel as staff to carry out its duties, and District hereby
agrees to utilize such personnel and services as it deems appropriate for this purpose. Under the
direction of the Board of Directors of Authority, staff responsibilities shall include but not
t
necessarily be limited to evaluating potential contractors, administering any contracts entered into
by Authority, and administering payments between parties to this Agreement and contractors.
District shall on a regular basis invoice Authority for all staff utilized and services provided
for the Authority following the effective date hereof, and Authority shall pay such invoices within
forty-five (45) days of receipt.
Section 8. Insurance and Indemnification.
Authority shall secure and keep in effect during the term of this Agreement general liability
insurance in such amounts as the Board determines appropriate provided that the limits thereof
are at least $ . Certificates of insurance shall be furnished to Members and District within
thirty (30) days of the effective date of this agreement. The policy or policies of insurance shall
provide for a thirty (30) day advance written notice by the insurance carrier to Members and
District in the event of cancellation, reduction of coverage or renewal.
16
Authority may also secure technical performance insurance in such amounts as the Board
determines to be appropriate in order to protect against a potential loss of revenue because of a
failure of the system to operate in accordance with performance criteria.
The Authority shall indemnify and hold harmless District and Members, their officers,
agents and employees from all claims, demands or liability arising out of or encountered in
connection with this Agreement and the activities conducted hereunder and shall defend them
and each against any claim, cause of action or damage resulting therefrom.
Section 9. Grants.
The Board of Directors of Authority is directed to apply for or otherwise solicit grant
monies which may be available to supplement funds as specified in Section 5, herein, to be used
to defray expenses related to implementing the project. Any grant monies received by Authority
shall not be considered net revenues of the project.
Section 10. Distribution of Net Revenues or Expenditures.
Subject to the provisions of Section 9 hereof, all net revenues or net expenditures resulting
from the operation of the project, except grant monies and any collected fees in excess of the base
rate as defined in Section 6 hereof, shall be distributed to Members in proportion to the amounts
of solid waste committed to the project unless otherwise agreed to by Members and District.
Section 11. Administrative Procedures.
17
Authority shall adopt and be governed by District's administrative and purchasing procedures
and may contract with District for such services as personnel, purchasing, accounting, and other
administrative services as it may find necessary.
Section 12. Distribution of Assets on Termination.
Upon termination of this Agreement all assets shall be distributed to Members in proportion
to commitments of waste to the project or as otherwise mutually agreed by Members and District.
Section 13. Reserve Fund.
From the initial net revenues received pursuant to this Agreement, Members agree to
establish a reserve fund for the purpose of funding project contingencies. The fund shall be
administered by the Board. The Board may modify the amount maintained in said fund for good
cause.
Section 14. Voluntary Contributions.
Amounts in addition to those set forth in Section 5 above may be voluntarily contributed
by Members or District. Any such voluntary contributions shall be refunded from proceeds derived
through net revenues of project. The refunding of such voluntary contributions shall represent the
first demand on such funds and any requests for refund pursuant to this Section shall be honored
by the Authority within forty-five days of receipt.
18
In witness whereof District has executed this agreement on the date and year as set forth
above.
ATTEST: COUNTY SANITATION DISTRICT NO. 2
OF LOS ANGELES COUNTY
By:
Secretary Chairperson, Board of Directors
APPROVED AS TO FORM:
KNAPP, MARSH, JONES & DORAN
District Counsel
19
(Execution Page)
Pursuant to the Joint Powers Agreement - Los Angeles County Metropolitan Area Waste -
by -Rail and Disposal System dated , the City of agrees to deliver
to Authority tons per week of municipal solid waste generated from within its
boundaries and under its control, commencing on or the first day of commercial
operation of the Waste -by -Rail facilities, whichever last occurs, and ending on
or the last day of commercial operation of the project, or payment of all indebtedness incurred in
connection with the implementation of Waste -by -Rail, whichever event last occurs. City shall make
L
payment to Authority on a weekly basis, in advance, upon invoicing by Authority in an amount
equal to $ per week calculated on the basis of tons per week multiplied by a
unit charge of $ per ton. The unit charge per ton shall be adjusted from time to time by
Authority by utilizing the Price Index.
ATTEST:
20
CITY OF
By
This
by and between _
Metropolitan Area
EXHIBIT A
(SAMPLE FORM)
JOINDER AGREEMENT
JOINT POWERS AGREEMENT -
Los Angeles County Metropolitan Area
Waste -by -Rail
Joinder Agreement, effective 'is hereby executed
a ("City"), and Los Angeles County
Waste -by -Rail Authority,
WHEREAS, on County Sanitation District No. 2 of Los Angeles County
executed a Joint Powers Agreement, a copy of which is incorporated herein by the reference as
set forth in full (the "Joint Powers Agreement"),
WHEREAS, City desires to become party to the Agreement and a Member of Authority,
and commit a specified quantity of the municipal solid waste to be generated within its jurisdictional
boundaries in the future to a waste -by -rail and disposal system to be operated by Authority;
NOW, THEREFORE, the parties agree
1. City agrees to all provisions of the Joint Powers Agreement. City agrees to deliver
management by the waste -by -rail and disposal system operated by Authority
tons of municipal solid waste per week generated within its respective
boundaries and under its control, as delivered by City to a facility or facilities which shall
be identified by Authority located at distances no greater than from the
jurisdictional boundaries of City, during the period commencing on
or the first day of commercial operation of the project (whichever occurs later) and ending
on or the last day of commercial operation of the project (whichever
occurs earlier).
2. During the period of commercial operation of the project specified in Paragraph 1, City
shall make payment to Authority on a continuing basis, in advance, upon invoicing by
Authority an amount equal to $ per week, calculated on the basis of
tons per week of waste committed to the project multiplied by a unit
charge of $ per ton. All charges reflect cost levels as of
and shall be adjusted from time -to -time by Authority to reflect current
cost levels using the price index.
3. During the period of commercial operation specified in Paragraph 1, City may, during any
one week period commencing.0n a Monday and ending on the following Sunday, deliver
to the project a total of tons, equal to 110% of its waste commitment,
provided that the average waste quantity delivered by City to the project during the
previous 52 weeks (or the period since City's waste commitment began, if less than 52
weeks) is equal to or less than its waste commitment. If said average waste quantity is
A-1
greater than City's waste commitment, City may with the approval of Authority deliver to
the project such quantities in excess of its waste commitment, however, City shall be
invoiced and pay to Authority an additional amount equal to the number of tons by which
the waste quantity delivered by City to the project exceeds its waste commitment multiplied
by the per ton unit charge as stated in Statement No. 5, herein.
4. All waste commitments shall be irrevocable, and in the event that less than City's committed
quantity of waste is delivered by City to the project, City shall not be entitled to any
reimbursement.
5. Upon approval of the Board, City shall be allowed to assign all or part of its committed
waste quantity to one or more other Cities party to this Agreement, or to other Cities not
party to this Agreement but acceptable to Authority, and may charge a fee for such
services. Similarly, during any one week period as specified and allowed herein, City may
assign all or part of 110% of its committed waste quantity to others.
6. During the period of commercial operation specified in Paragraph 1, City shall also make
payment to Authority on a continuing basis in advance, upon invoicing by Authority, an
administrative fee per ton of waste committed to the project representing a proportionate
share of administrative costs of Authority.
A-2
7. City acknowledges the powers of the Authority and its Board as contained in the original
Agreement, including the Board's right to approve all Members and waste commitments,
and the overall authority of the Authority to allocate the waste management capabilities of
the project.
8. This Joinder Agreement shall be consistent with the provisions of the original Agreement,
as previously amended, and with provisions of any contract entered into by Authority
providing for the implementation of the project. This Joinder Agreement is assignable by
Authority/District. It is not assignable by City except on proposed
IN WITNESS HEREOF City has executed this amendment this day of
, 19
ATTEST:
APPROVED AS TO FORM:
CITY OF
By:
A-3
Los Angeles County Metropolitan
Area Waste -by -Rail Authority
KEY PROVISIONS OF THE PROPOSED
LOS ANGELES COUNTY METROPOLITAN AREA
WASTE -BY -RAIL SYSTEM
JOINT POWERS AGREEMENT
JANUARY, 1990
1. PURPOSE
To establish the Los Angeles County Metropolitan Area Waste -by -Rail Authority
("Authority"), also commonly referred to as the "Rail Haul Authority", to implement a waste -by -
rail and disposal system to handle a minimum of 24,000 tons of solid waste per week generated in
Los Angeles and adjacent counties, and to secure commitments for this waste.
2. PARTIES
L
Contracting parties shall be Sanitation District No. 2 ("District") and those cities and county
governments in Los Angeles and adjacent counties which become party to the Agreement by
committing their waste to the project ("Cities").
3. TERM
Term to be 25 years, subject to adjustment by mutual agreement (e.g., to coincide with the
term of a major contract). Agreement may be extended for subsequent terms by mutual consent.
The Agreement terminates one year after execution by District if less than 24,000 tons of waste
per week has been committed to the system, or earlier by mutual consent if there is no evidence
of substantial implementation of the proposed project.
4. AUTHORITY
a. Formation
The Authority is formed when 24,000 tons or more of solid waste per week are committed
to the system.
b. Members
Upon formation of the Authority, "Members" are all cities and counties party to the
Agreement and committing waste to the project. Members which become party to the Agreement
at an early date are entitled to incentives such as lower fees fdr use of the proposed system and
priority if system disposal capacity is limited
C. Board of Directors
The permanent governing body of the Authority shall be a Board of Directors composed
of five members of unspecified term. Initially, four directors shall be elected by Members, and one
director appointed by District. Any vacancies of Member -elected directors shall be filled by
election of Members; vacancies of the District -appointed director position shall be filled by
appointment by District.
The Agreement specifies the conduct of the Board, including election of a Chairperson and
Vice Chairperson, that the Secretary of District shall serve as Secretary, that Treasurer of the
County of Los Angeles shall serve as Treasurer, and the Auditor of the County of Los Angeles
shall serve as Controller. The Board shall appoint a Project Director and Staff to implement the
project. The Board shall have those powers necessary to carry out the purpose of the Authority.
6. CONTRIBUTIONS
All administrative expenses of the Authority shall be divided proportionately among
Members with Members paying an anhuat administrative fee (prior to system operation), or a per
ton fee (when the system becomes operational). New Members shall pay their proportionate share
of previous expenses, and existing Members shall be reimbursed accordingly.
7. COMMITMENT OF SOLID WASTE
Cities commit waste to the system which become effective only if the Authority is formed.
Amendments to the Agreement committing a City's waste to the project must specify that the City
pay in advance for the waste commitment which is non-refundable; however, if the City's waste
delivered to the system is less than the waste commitment, the City may assign or sell its remaining
waste commitment to others. During any week a City's waste delivered to the project may exceed
its waste commitment by 10% if the average for the previous 52 weeks does not exceed the City's
commitment. Members committing waste within one year after District executes the Agreement
will be charged a "base rate" for management of their waste. Cities committing waste during the
second year will be charged 5% over the base rate, and Cities committing waste thereafter will
be charged 10% over the base rate.
Samvle Calculation
A city has committed 1,000 tons per week of its waste to the Authority, and has
agreed to pay a base rate of S50/ton (hypothetical). Therefore, before any given week the
city would prepay to the Authority the following:
1,000 tons/week x S50/ton = $50,000/week
ii
During a particular week the amount of waste the City or its assignees deliver to
the Authority does not exactly equal its waste commitment of 1,000 tons per week.
CASE 1. Less than 1,000 tons of waste is delivered. The City is charged for its full
commitment of 1,000 tons (i.e., there is no refund of any part of its $50,000
prepayment).
CASE 2. More than 1,000 tons but less than 1,100 tons of waste is delivered, and the
average over the previous 52 weeks does not exceed 1,000 tons/week. Then,
the City does not incur any charges in addition to its prepayment of $50,000
for its commitment of 1,000 tons.
CASE 3. More than 1,000 tons but less than 1,100 tons of waste is delivered, and the
average over the previous 52 weeks equals or exceeds 1,000 tons/week.
Then, the City is charged, in addition to its prepayment of $50,000, an
amount equal to the excess over 1,000 tons multiplied by its normal per ton
rate.
8. PROJECT UAPLEMENTATION
Under the direction of the Board of Directors, District personnel shall provide project
management services and staff to implement the project and invoice the Authority for costs
incurred.
9. INSURANCE AND INDEMNIFICATION
General liability and technical performance insurance to be provided as specified. Parties
to be held harmless for actions of Authority.
i • 1 ' 1 loci_ ` VT a u _: M0MI
The Agreement also specifies proportionate distribution of net revenues/expenditures and
assets at termination, that administrative procedures are to be consistent with District's procedures,
requires a reserve fund of unspecified size, and provides for voluntary contributions.
M
RECEIVED
n, "A � L
DIAMOND BAR
SAID GABRIEL VALLE AMCIATION OF CITIES
P.O. BOX 576 WEST COVINA CA1I� RN&091793 • (714) 598-2020
FOR IMMEDIATE DISTRIBUTION: MAYOR, CITY MANAGER, COUNCILMEMBERS
Subject: (Agenda item for scheduling at your earliest convenient
City Council meeting date)
WASTE -BY- RAIL - PROPOSED JOINT POWERS AGREEMENT
Over the last four years the San Gabriel Valley Association
of Cities has been working toward a significant solution to the
problem we all have --- solid waste disposal. After the unanimous
vote of our 30 cities to proceed, the Association has gone forward
to initiate a Joint Powers Agreement to implement one of these key
solutions - rail -haul.
Your city representative was recently furnished a project
summary for the implementation of a "waste -by -rail" disposal
system for our region. Refer to that summary for details. The
attached reprint (TRIBUNE 1/21/90) summarizes the situation.
Within 90 days, if possible, we seek a commitment from
interested cities for trash tonnage totalling a minimum of 24000
tons per week. A successful project will mean the participating
cities will have solved their solid waste disposal problems for
well over 100 years at rates lower than many proolem areas pay
now. The program requires a commitment now although it will be a
few years before the "Authority" is operational. By that time
several existing landfills will have closed or will have used up
most of their operational life.
We would like to have one of our committee members make a
presentation to your council and get your agreement to be a member
of the JPA. Please contact me as soon as possible to coordinate
your scheduled meeting with one of our Solid Waste Committee
members. Please schedule this item early in your agenda as our
volunteers have 30 meetings to cover in addition to their regular
council duties. They will attend your meeting only if request is
made and they will present the program and answer your questions.
Let me remind you also that AB 939 requires that each city
report on their trash tonnage totals and that recycling be
implemented. ( The League furnished you a good summary of AB
939). Penalties in the bill can amount up to $10,000 per day for
non-compliance. This project will address the requirements of AB
939 in a very positive manner as it covers recycling and disposal.
I look forward to hearing from you in the near future.
10iK�w
Harvey K. Holden
Executive Director
Note: 23 pg. Draft/Jt. Powers Agreement furnished on request.
Committee member assigned to your city as indicated.
Tom Harvey Sam KnowlesHenry Morgan Nell Soto
Alhambra-Areadia•A2uMM4FO q Pkies"V WMSMS o Ria4ovndO&6ki vte EO$ntdalbptl rogkdustry-Inrindag* C5hWWr# fp- La Puente -La Veme - Monrovia
Monterey Park -Pasadena -Pomona -Rosemead -San Dimas -San Gabriel -San Marino -Sierra Madre -South EI Monte -South Pasadena -Temple CityWalnut•West Covina
Tribune/News
Sunday, January 21, 1990
Rail plan
for waste
makes gamin
25 members from cities
in Valley show support
By DONNA JOHN$ON
Staff writer
BALDWIN PARK — Backers of
the San Gabriel Valley's waste -
by -rail plan are taking to the
streets.
Representatives from 25 of the
30 members of the San Gabriel
Valley Association of Cities unani-
mously endorsed strategies last
week for asking city councils to
put themselves on record in sup•
port of hauling all or part of their
trash to the desert.
The association's waste task
force chairman, La Verne Coun-
cilman Thomas Harvey, said his
committee will have a schedule
by mid-FeWmary for presenta-
tions to the councils.
In addition to cities in the
Valley, possible participants in-
clude Kern, Los Angeles, Orange,
Riverside, San Bernardino and
Ventura counties, as well as cities
in each of those counties,
Harvey estimated it will take
three to four months to get aero-
mitments for the minimum !t„000
tons of -rash per week that will
make ice proposal workable. The
task force's timeline allows one
year to line up participants.
and study, Harvey said. "People
no longer call this a crazy no-
;
tion."
"We have a window of oppor-
twuty but it could close very
soon," he added. "We have the
capacity for the region to mobi-
lize and work together to solve
our waste management prob•
lems.,,
Cities and counties that g¢t on
board the rail -haul system early
will get a break in the costp once
the system is operational.
While operating costs have not
been pinned down, Harvey said,
they will be funded by members
of a pact, called Ij joo powers
authority, through a piton lee
for the trash that !s dumped at
receiving staUM hl UW desert.
There will be no cost to the
pact's members until the system
is ready to run.
No final decisions have been
made yet, he said, on proposed
locations for the transfer stations
where garbage will be gathered
and loaded into railcars, or for
potential dump sites in the far
reaches of Riverside and San
Bernardino counties.
"That's up to the private sector
— the two consortiums formed
between railroads and waste -haul-
ing companies — to resolve.
We're doing our half by getting
the public sector to start the
process and begin the system."
Harvey said "atuff is going on .
behind the scenes" to choose the
sites, but the issues are independ-
ent from the task force's work to
get cities to contract for dslivw-
ing their trash.
"West Covina, for instance, can
say, 'We don't want a transfer
station.' They don't have to have
one. But they could still be a
member of the JPA."
AGENDA NO. 14
NO DOCUMENTATION REQUIRED FOR THIS ITEM
DRAFT
***** N O T I C E*****
UPON RECEIPT OF THIS REQUEST FOR PROPOSAL, CONTACT JOANN
SAUL, FINANCIAL MANAGEMENT ASSISTANT AT THE CITY OF
DIAMOND BAR, WITH THE NAME OF YOUR COMPANY AND THE NAME
OF A CONTACT PERSON WITHIN YOUR COMPANY. FAILURE TO
PROVIDE THE CITY WITH THIS INFORMATION MAY RESULT IN
IMPROPER DISTRIBUTION OF UPDATED MATERIALS REGARDING THE
REQUEST FOR PROPOSAL. THE CITY WILL NOT BE RESPONSIBLE
FOR INFORMATION NOT BEING DISTRIBUTED TO THE PROPER
PERSON.
DRAFT
T A B L E O F C O N T E N T S
PAGE NO.
I. PROPOSAL REQUIREMENTS
A.
General Invitation of Proposals 1
B.
Proposal Forms 1
C.
Definitions 2
D.
Examination of Work Area 2
E.
Proposer's Bond 2
F.
Affidavit of Non -Collusion by Contractor 2
G.
Basis of Award 2
H.
Execution of Agreement 3
I.
Return of Proposer's Bond 3
J.
Qualifications of Proposers 3
K.
Performance Bond 5
II. GENERAL CONTRACT ITEMS
A.
Governing Legislation 5
B.
Term of Agreement 6
C.
Termination of Contract 6
D.
Contractor to Indemnify and Hold 6
10
Harmless City
E.
Public Liability and Property 6
E.
Damage Insurance
F.
Worker's Compensation Insurance 7
G.
Permits and Licenses 7
H.
Exclusiveness of Contract 7
I.
Collection of Service Fees 7
J.
Franchise Fee 8
III. SCOPE OF WORK
A. Work to be Performed 8
B. Recycling Program 8
C. Special Events 8
D. Refuse to be Removed 9
IV. SPECIAL PROVISIONS
A.
Collection Hours and Days
10
B.
Non -Collection
10
C.
Uniforms
10
D.
Equipment
10
E.
Receptacles and Containers
12
F.
Supervision
12
G.
Environmental Standards
13
H.
Special Collections
13
I.
Commercial and Industrial Provisions
14
J.
Office for Inquiries and Complaints
14
UitAFi
T A B L E OF C O N T E N T S
(Continued)
PAGE NO.
V. FINANCIAL PROVISIONS
A. Financial and Accounting Records 15
B. Late Fees 16
C. Fees and Gratuities 16
D. Bankruptcy 16
E. Heirs, Successors, etc. 16
18
REQUEST FOR PROPOSALS
COLLECTION AND DISPOSAL OF RESIDENTIAL, COMMERCIAL & INDUSTRIAL
GARBAGE AND RUBBISH
FOR THE CITY OF DIAMOND BAR
I. PROPOSAL REQUIREMENTS
A. General Invitation of Proposals
The City of Diamond Bar seeks proposals from qualified,
solid waste handling contractors for the collection and
disposal of residentially, commercially and
industrially generated solid waste for a period of five
(5) years commencing on July 1, 1990 and ending on June
30, 1995.
A proposer's conference of prospective franchisees will
be held at the following time and place for the purpose
of addressing questions related to this RFP.
Walnut Valley School District Board Room
880 South Lemon, Diamond Bar, CA 91789
Date: March 13, 1990
Time: 9:00 a.m.
only those questions concerning the proposal, the
proposal process, and specifications related to
existing operations will be considered at the
Conference. No private consultations between any
proposer and the City will be held.
Sealed proposals for the provision of solid refuse
collection and disposal service under agreement with
the City of Diamond Bar will be received at the Office
of the City Clerk, 21660 E. Copley Drive, Suite 100,
Diamond Bar, CA 91765. Proposals must be received by
April 13, 1990 no later than 3:00 p.m.
B. Proposal Forms
To preserve uniformity and to facilitate the award of a
contract, all proposals must be summarized on the City
forms provided. Supplementary sheets may be added if
necessary to supplement and clarify responses to this
Request for Proposal. Failure to use City forms may be
ground for non -consideration of the proposal. In
DRAIL"--
addition,
all bids must comply with the following:
-All submittals must meet the requirements set forth in
the Request for Proposal.
-All figures and notations must be typed or written in
ink. Penciled proposals are not acceptable.
-All proposals must be identified on mail envelopes as
"Proposal for the Collection and Disposal of
Residential, Commercial and Industrial Garbage and
Rubbish in the City of Diamond Bar."
C. Definitions
Terms used in this proposal are used as defined in
Ordinance 2 (1990).
D. Examination of Work Area
Prior to submitting a proposal, proposers must tour the
City, familiarize themselves with the work contemplated
in the contract, and be responsible for any condition
which adequate field inspection would have revealed.
Submission of a proposal shall be deemed conclusive
evidence that such a tour has been made by each
proposer and shall constitute a waiver by each of all
claims of error in proposal, withdrawal of proposal, or
combination thereof, under the executed agreement, or
any revision thereof. As a part of its specifications,
the City will provide upon request all available
information which it deems may be of assistance to
prospective proposers.
E. Proposer's Bond
All proposers shall furnish a proposal bond executed by
a surety company licensed to do business in the State
of California. The bond shall bind the proposer to
indemnify the City against all losses, not to exceed
the sum of the bond, which may be occasioned by failure
to consummate the contract for services. said proposal
bond shall be in the sum of Ten Thousand Dollars
($10,000.00). A certified check or cashier's check,
payable to the City of Diamond Bar, or cash may be
deposited in lieu of a proposal bond.
F. Affidavit of Non Collusion by Contractor
All proposers shall be required to submit an executed
copy of the City's "affidavit of non collusion by
Contractor" form.
G. Basis of Award
City Council is not obligated to award a contract and
reserves the right to reject all proposals. If City
2
DRAFT
Council determines to award a contract, it is not
obligated to make the award to the low proposer. Other
factors will be considered by the City Council, such as
evidence of satisfactory performance under other
contracts, financial condition, and such other evidence
as might convince City Council that any one proposal
would provide the most effective, economic and reliable
service to the City. The award, if given, will be
given within 90 days after opening proposals.
H. Execution of Agreement
The agreement shall be signed by the successful bidder
and returned with the required bonds within ten (10)
days, not including Sundays and legal holidays, after
the City has provided written notice that the proposal
has been awarded. Failure to execute an agreement and
file acceptable bonds and insurance documents as
provided herein shall be just cause, at City option,
for annulment of the contract award and forfeiture of
the proposal bond.
Should the successful proposer decline to execute a
contract, City Council has the option to either reject
all proposals and call for new proposals or accept one
of the other proposals. In case of proposal rejection,
the proposer's security of the successful bidder who
declined to execute a contract, shall be forfeited to
the City.
I. Return of Proposer's Bonds
Within thirty (30) calendar days after award of
proposal, the City will return proposal bonds or all
other security deposits accompanying each bond, except
that of the successful proposer.
J. Qualifications of Proposers
All proposers hereunder shall furnish satisfactory
evidence to the City that they have operated or are
presently operating a solid waste collection and
disposal service of the type similar to the operation
described herein, and that they have successfully done
so long enough that their experience will enable them
to maintain operations under all conditions prevailing
in this area. If they have not operated such a system,
they must show that they have had sufficient experience
in comparable fields or employ qualified personnel to
comply with the requirements of this agreement.
1. Work History
In order to determine the eligibility of the
bidders, bidders shall submit a work history
listing all previous and current services operated
by them. Existing services will be subject to
inspection by the City. Proposers without the
experience herein described but with sufficient
experience in a comparable field should show that
they will have responsible management personnel
who are qualified to plan, supervise, direct, and
operate the system delineated in the
specifications and contract. The names and
experience of such personnel shall be listed by
all proposers who do not have the required
experience.
2. Key Personnel
As an attachment to the proposal, all proposers
shall include a listing, with qualifications, of
personnel who have had experience in operating a
comparable system and who have agreed to work in
the performance of this agreement.
3. Equipment
As an attachment to the proposal, all proposers
shall include detailed inventories of their
equipment and accessories by type, model, year of
manufacture, and anticipated remaining useful life
as of the date of the inventory. All leased
equipment shall be listed separately; the time
remaining of each leased machine and options of
renewal, where work under this contract must be
available upon the effective date of the
commencement of operations. Any new equipment
proposed to be acquired shall be described in the
schedule attached to the proposal document stating
the scheduled time in calendar days such equipment
will be in operation, including copies of delivery
guarantees by manufacturers.
4. Financial Responsibility
All proposers shall be required to demonstrate to
the satisfaction of the City that they have
adequate financial resources to perform the
services required by these specifications. No
contract will be awarded to any proposer who, as
determined by the City, has an unsatisfactory
performance record or inadequate experience, or
who at any time lacks the necessary financial
resources to provide the services in strict
accordance with the specifications.
DRAFT
The ability to post bond shall not be the
sole determinate of financial responsibility.
The proposer shall submit with his proposal.
a. A current financial statement of the
corporation, partnership, or individual
submitting the proposal less than ninety (90)
days old which has been prepared by an
independent public accountant, and a
financial statement not more than twelve (12)
months old, in which the accountant has
expressed an unqualified opinion thereon; and
b. If a partnership, a financial statement of
the partnership and of each general or
limited partner.
C. A statement of proposed methods for handling
the specified refuse collection, disposal and
recycling, including a proposed
organizational diagram, where trucks and
other equipment are to be based, how the
trucks and equipment are to be maintained,
the location of the refuse disposal site or
sites to be used, and contingency plan for
dealing with temporary or permanent closures
of such facilities.
5. Ownership
Proposers shall submit a list of all officers,
partners, and/or stockholders who own ten percent
(10%) or more of the respective companies and list
any company of which they are a subsidiary.
K. Performance Bond
The successful Contractor shall furnish a performance
bond on an annual basis. The performance bond will be
executed by a surety company licensed to do business in
the State of California and in the sum of the value of
One Hundred Thousand (100,000) Dollars. Said bond
shall be obtained by the successful proposer within ten
(10) days following notification of the proposal award.
Contractor shall renew the bond and file it with the
City at least thirty (30) days prior to anniversary
date of each fiscal year of the agreement.
II. GENERAL CONTRACT ITEMS
A. Governing Legislation
Contractor shall in all aspects of his work comply with
all applicable statutes including the applicable solid
waste legislation of the State of California and the
County of Los Angeles, as well as Diamond Bar's rules
6
and regulations, and all other provisions of law.
Contractor shall meet all the requirements of the
aforementioned legislation and regulations, including
AB 939 (Sections 40000, et seq., California Public
Resources Code) and any subsequent changes.
B. Term of Agreement
The agreement term shall be not less than five (5)
years, subject to termination and option provisions
contained herein.
C. Termination of Franchise
Termination of Franchise shall be governed by the
provisions of the proposed Franchise Agreement
D. Contractor to Indemnify and Hold Harmless City
Contractor shall indemnify and hold harmless City, its
officers, agents and employees, for and from any and
all loss, liability, claim, demand, action or suit, of
any and every kind and description, arising or
resulting from or in any way connected with any
operation of Contractor in exercising any license or
privilege granted to it by the contract or by any
ordinance of City, or arising or resulting from the
failure of Contractor to comply in all respects with
contract provisions and requirements and of all
applicable laws. Contractor shall, upon City's demand
and a its sole cost and expense, defend and provide
attorneys to defend City, its officers, agents and
employees against any and all claims, actions or suits
brought against City, its officers, agents and
employees, arising or resulting from or in any way
connected with the above mentioned operations of
Contractor or Contractor's failure to comply with the
contract and with the ordinances and laws hereinabove
mentioned. If City provides its own defense against
any such action or suit, Contractor will reimburse City
for all attorney's fees and other costs incurred by
City.
E. Public Liability and Property Damage Insurance
Neither the City Manager nor any officer, employee,
agent or appointee of the City of Diamond Bar, shall be
personally responsible for any liability arising under
the agreement.
Contractor, at his own expense, shall carry liability
insurance during the full term of this agreement with a
company to be approved by the City Manager or
representative and with City also named as an
additional insured thereunder, covering liability for
11
injuries or deaths and property damage, arising out of
or in connection with the operations of the Contractor
under for injuries, including accidental death to any
one person, and subject to the same limit for each
person, in an amount of not less than Five Million
Dollars ($5,000,000.00) on account of one accident, and
property damage in an amount of not less than Ten
Million Dollars ($10,000,000.00).
Policies or certificates of said insurance, approved as
above mentioned, shall be filed with the City Clerk
within ten (10) days after date of contract. The
policy of insurance shall contain a provision stating
that said insurance is primary coverage and will not be
cancelable by the insurer except after filing with the
City Clerk, thirty (30) days written notice of any
cancellation so proposed. Copies of such policy or
policies or certificates evidencing the same shall be
on file at all times in the office of the City Clerk.
F. Worker's Compensation Insurance
Contractor shall obtain and maintain in full force and
effect throughout the entire term of the contract, full
worker's compensation insurance in accordance with
provisions and requirements of Division IV, Worker's
Compensation and Insurance of the Labor Code of the
State of California and other applicable laws.
Certificates of such insurance, approved by the City
Manager and City Attorney, shall be filed with the City
Clerk within ten (10) days after the execution of the
contract. Contractor shall immediately inform City of
any cancellation, withdrawal and/or change of any such
insurance.
G. Permits and licenses
Contractor shall procure all permits and licenses, pay
all charges and fees, and give all notices required
under the provisions of the agreement.
H. Exclusiveness of Contract
Contractor shall have the exclusive right and duty to
collect and remove all residential, commercial and
industrial solid waste refuse within the City's
corporate limits during the term of the contract,
subject to such exceptions as are set forth in the
contract documents.
I. Collection of Service Fees
Contractor shall bill and collect the charges for
residential solid waste collection services. City
states its willingness to consider arranging for or
permitting Contractor to arrange for alternative
7
billing procedures such as through the Los Angeles
County tax rolls as prescribed by the procedures
established and authorized by the Los Angeles County
Tax Collector at such time as is practicable.
Contractor shall bill and collect the charge for all
commercial, industrial and residential bin service
through a monthly billing arrangement. Accounts shall
be charged according to number of bins and pick-up days
per week.
J. Franchise Fee
In consideration for the exclusive right, duty and
privilege to collect, remove and retain all refuse
generated within the city as herein defined, the
Contractor shall pay to City no later than the 21st day
of each calendar month, a Franchise Fee. The Contractor
shall specify a proposed amount of Franchise Fee in
their proposal.
The franchise fee received by the City shall be
dedicated to the Solid Waste Policy to achieve the
requirements of AB 939 (Sections 40000, et seq.,
California Public Resources Code) and its amendments.
Additionally, the Council may consider credit on the
franchise fee, based on a formula to be determined, to
be shared by the Franchisee and Community for exceeding
the requirements of AB 939 (Sections 40000, et seq.,
California Public Resources Code).
III. SCOPE OF THE WORK
A. Work To Be Performed
Minimum requirements for collection and disposal shall
be as set forth in the specifications and as required
in the mandates of AB 939 (Sections 40000, et seq.,
California Public Resources Code).
B. Recycling Program
The Contractor shall specify in DETAIL a proposed
program for the recycling of recyclable materials,
green waste, etc. including the method of reporting to
ensure compliance with AB 939 (Section 40000, et seq.,
California Public Resources Code).
C. Snecial Events
During two particular one month periods in each
calendar year of the term of the agreement when such
periods are declared by the City Council to be part of
an annual clean-up campaign, Contractor on the days
specified by City, not to exceed seven (7) days for
each campaign, shall pick up and remove the following
0
and similar types of items at no cost to the customer -
chairs, couches, stuffed chairs, sectionals, water
tanks of up to fifty gallon capacity, refrigerators,
stoves, mattress and box springs up to king size,
washers, dryers, freezers, television sets, tables and
all other normal household goods. Contractor agrees
that all disposal costs during each clean-up campaign
shall be borne by Contractor. Contractor further
stipulates that he will provide a minimum of two (2)
trash trucks and two (2) workers during the hours of 7
a.m. to 3:30 p.m. on each of the days of said clean-up
campaign to perform such work. This service shall be
provided by Contractor at no additional cost to City or
users.
D. Refuse to Be Removed
1. Amount of Refuse
Contractor shall remove all refuse generated on
each user's property and presented for collection
by each user, at locations as hereafter set forth,
without limit as to the amount or nature thereof,
except as herein provided.
2. Possession of Refuse
All refuse collected by Contractor under the terms
of this contract shall become the property of
Contractor immediately upon the collection
thereof.
3. Location of Refuse Receptacles
The location of receptacles for collection of
refuse shall, at the user's option, be as follows:
a. Curbside Collection - Receptacles for
curbside collection of refuse shall be placed
within the parkways, or within five (5) feet
of the curb along the street front of the lot
upon which the dwelling is located; or
b. Alley Collection - All residential units
serviced by an alley shall utilize the same
for refuse collection purposes. In such
cases, receptacles shall be placed as close
to the lot line separating the premises from
the alley as is possible, so as not to
interfere with the usage of said alley; or
C. Bin Service - The location of bulk containers
shall be not more than 100 feet from a street
unless extraordinary circumstances exist, in
which case, the location thereof shall be
9
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�.
DRA11r�
subject to City's approval. Placement of
such containers shall comply with all
applicable provisions of the Code.
IV. SPECIAL PROVISIONS
A. Collection Hours and Days
1. The days for regular collection of commercial and
industrial refuse shall be Monday through
Saturday. Hours of collection shall not be prior
to 6 am nor after 5 pm.
B. Non -Collection
When any waste material or container is not collected
by Contractor, he shall leave a red tag (at least 2
7/8" x 5 3/4" in size) on which he has indicated the
reason for his refusal to collect, giving reference to
the City Ordinance, or the section of rules and
regulations, or agreement, which has been violated and
which gives grounds for his refusal. The tag shall be
securely fastened to the container or the article
refused. A record, listing the address of the tagged
refuse together with the reason for non -collection,
shall each day be presented to City. Where Contractor
has refused to make a collection, City reserves the
right to inspect same to ascertain whether it conforms
to the requirements hereof as to type containers,
weight of containers, etc. and City's determination
relating thereto shall be final and conclusive and
enforceable as to the violator.
Should Contractor fail to collect and dispose of refuse
placed for collection at the time and in the manner
required, City may cause the same to be collected or
disposed of and Contractor shall be liable for the
expenses incurred.
C. Uniforms
All Contractor's employees shall at all times of
employment be dressed in clean uniforms with suitable
identification. Employees shall not remove any portion
of this uniform while working. Uniforms shall be
subject to the City Manager or his representative's
approval.
D. Eauiument
1. Proposal Standards
The standard, against which all equipment proposed
by proposer for regular collection service shall
be judged, shall be hydraulically controlled,
compaction type equipment. The bodies of
collection equipment shall be watertight and
10
equipped with close -fitting covers.
2. General
At all times, Contractor shall have vehicles
available and in use that will comply with the
requirements hereof for the collection and
transportation of refuse, without leakage or
spillage.
3. Maintenance
Contractor shall institute a complete and
comprehensive system of preventative maintenance
on all vehicles and shall keep them lubricated and
in good repair. Al vehicles and equipment shall
be kept clean, in good order and free of odor at
all times. Contractor shall, on a monthly basis,
provide City with information on all maintenance
and repairs to all vehicles. Contractor shall at
all times comply with all state, county and local
safety, noise and smog control regulations and
ordinances. Contractor agrees that all equipment
shall be subject to inspection by County Health
Officials and the City Manager and upon notice,
given by either the County Health Officials or the
City Manager, Contractor shall make the equipment
available for inspection. Should the City Manager
or County Health Officials at any time give
notification in writing to Contractor that any
designated truck or equipment does not comply with
the standards of the agreement, such truck or
other equipment shall forthwith be removed from
service by Contractor and not again so used until
inspected and approved in writing by the City
Manager or County Health Officials.
4. Refuse Vehicles
All refuse shall be transported by means of
vehicles equipped with watertight bodies filled
with close fitting covers. Should any refuse be
dropped or spilled in collecting, transferring or
transporting, it shall immediately be cleaned by
Contractor. A broom and shovel shall be carried
on each truck at all times for this purpose.
5. Alternate Fuels
Contractor shall be required to participate in an
alternate fuels program to be developed by the
City.
6. Service and Sanitation Requirements
Contractor shall not litter any premises or public
property in making collections of refuse, nor
11
yam` Ir e�
shall any refuse be allowed to leak, blow or fall
from collection vehicles. However, if in spite of
normal precautions against spillage, litter is
made on any premises or public property,
Contractor shall immediately remove the same and
clean the area of spillage. All receptacles,
after emptying, shall be set down, not thrown,
adjacent to the premises from which removed within
five feet of the place where the receptacle was
placed, but not in any driveway, street or alley,
and the lid or cover thereto shall be placed
immediately adjacent to said receptacle.
E. Receptacles and Containers
All receptacles shall conform to the provisions of the
City Code and these specifications. All such recep-
tacles shall be replaced upright where found, with lids
adjacent to them. Containers and lids shall not be
placed or thrown on the streets, alleys, highways or on
adjoining property.
Contractor shall not permit receptacles to be thrown
from the truck to the pavement or parkway, nor permit
receptacles to be struck against the truck to dislodge
contents, nor in any other way permit damage to occur
by rough or improper handling thereof. In the event of
damage or carelessness on the Contractor's part,
Contractor, upon demand by City, shall repair or
replace the container or containers so damaged or will
compensate said owner or owners for such damage and/or
destruction of any such container or containers.
Maximize size of receptacles shall be 40 gallons or
equivalent and maximum weight of fully loaded
receptacles shall be 75 pounds.
Trees, shrubs and other trimmings shall be cut into
lengths not to exceed four (4) feet and shall be tied
securely in bundles not exceeding twelve (12) inches in
diameter.
Cardboard containers and paper to be disposed of shall
either be placed in a receptacle or flattened and
securely tied in bundles, not exceeding 50 pounds in
weight.
F. Sunervision
Contractor shall provide a competent full-time
supervisor. The supervisor shall be an agent of
Contractor to direct the work, and shall be assigned
and available full time to supervise the employees in
their work. Notices, orders and instructions given to
12
}
such supervisor shall be deemed, for all purposes,
notice thereof to the Contractor.
G. Environmental Standards
1. Noise
No noise shall be generated which causes excessive
irritation to residents. Noise levels shall not
exceed those established by Diamond Bar.
2. Air Ouality and Odors
Any operation or other device which causes or tend
to cause the release of air contaminants or foul
odors exceeding reasonable standards associated
with refuse and trash collection shall be abated.
H. Special Collections
1. Contractor will not be required to remove waste
building material and other refuse resulting from
the construction, alteration or repair of
buildings, housemoving or demolition, except when
such materials or refuse are presented for
collection in approved debris boxes. Fees for
debris boxes shall be approved by City and shall
be set forth in the rate schedule for special
collection services. Contractor shall not be
required to remove dead animals or other refuse
from any place where highly infectious or
contagious disease has been present, nor explosive
substances, radioactive materials, drugs or
poisons.
2. City reserves the right to issue permits through
the City Manager or his representative to
landscape and building contractors, gardeners and
hauling businesses for limited special purpose
rubbish removal, including supplying and services
of debris boxes.
City also reserves the right to issue a permit
and/or license to a private refuse collection and
disposal company for providing special collection
and disposal service to a commercial or industrial
user if, upon request of the user, City determines
that the said waste refuse generated by said user
is of such a special nature that it cannot
reasonably be collected under terms of the
contract.
3. Contractor shall provide collection service to
City at no charge to pickup refuse from all City
buildings, parks and other City facilities.
Contractor will furnish bins for this purpose if
13
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T
determined to be necessary by the City Manager.
I. Commercial & Industrial Provisions
1. Commercial or industrial users who, at the time
proposed contract based on these specifications
becomes operative, are being provided solid waste
refuse collection and disposal service by a
private company with a valid business permit
issued by City for the collection and disposal of
solid waste refuse, or may elect to continue to
receive from City's Contractor, or may elect to
continue to receive said refuse service
specifically from said private company.
2. Subsequent to the operative date of the contract
based on these specifications, all new users of
commercial or industrial solid waste collection
service in the City shall receive said service
exclusively from City's Contractor.
A new use shall be considered to mean a changed
user in an existing building or property, a user
being established in new buildings or properties,
or a user who for any reason terminates a refuse
collection contract, or arrangement which existed
prior to the effective date of this contract.
3. Upon said proposed Diamond Bar solid waste
contract becoming operative, all residential
users, whether in single dwellings or multiple
dwellings, shall receive said solid waste
collection and disposal services exclusively from
City's Contractor.
J. Office for Inquiries and Complaints
1. Contractor shall maintain an office for collection
within the City or at such location in close
proximity of the City as shall be approved by the
City Manager. Contractor shall at all times
during the hours between 8 a.m. and 5 p.m. of each
working day have a full time employee at said
office for an answering of inquiries and for
receiving complaints from property owners and
tenants within the City or from the City Manager
or his designated representatives. Contractor
shall also maintain an operable answering machine
for non -business hours and weekends. The
telephone number of a designated employee
available between 5 p.m. and 8 a.m. for emergency
calls and complaints, shall be furnished to the
City Manager. Contractor shall maintain a written
log of all complaints, the date thereof, and the
action taken pursuant thereto or the reason for
14
non -action. Such log of complaints shall be open
to inspection by City.
2. Contractor shall be responsive to inquiries and/or
complaints regarding performance of services
brought by interested/aggrieved residents. Said
inquiries and/or grievances shall be brought to
the attention of the City Manager or his
designated representative once a week, including
action taken on grievances.
3. Contractor shall file with City a written report
by the fifth day of each month regarding the total
number of complaints received by his office for
the previous month. This statement shall include
a designation of the type of complaint, total
number of justified complaints, and total number
of abated complaints. Contractor shall sign and
date this statement.
V. FINANCIAL PROVISIONS
A. Financial & Accounting Records
Contractor shall be required to submit annually and
prior to any requested rate adjustment, financial
statements covering the services and operations
provided under the agreement. Such financial
statements shall be prepared by an independent
certified public accounting firm who shall have no
financial interest in the business of Contractor.
The financial statements provided by the independent
certified public accounting firm shall include, but not
be limited to: balance sheet; statement of income and
retained earnings; statement of changes in financial
position; statement of sources and use of funds; and a
statement of changes in owners' equity in which shall
be set forth the names of principal officers and
stockholders of the corporation, if any, and salaries
if any, paid to such individuals. The opinion
expressed by the independent certified public account
shall be an unqualified opinion.
In addition to the above requirements, the City Manager
of the City of Diamond Bar, or his designated
representatives, may inspect financial and accounting
records of the Contractor an any reasonable time for
any purpose relevant to the performance of the
provisions of the agreement. Contractor's failure to
provide the financial statements required under the
terms of the agreement, or any other financial and
accounting information required by City, will allow
City to employ an independent certified public
15
accounting firm to prepare such statements, and
Contractor, in such case shall be liable for and pay
the costs and expense of such financial statements.
Nothing herein shall be deemed to require any rate
adjustment.
B. Late Fees
Contractor may assess users a late fee of $5 for each
residential, commercial or industrial account from
which the monthly charge is not received by Contractor
within 15 days of the billing date. Contractor may
remove the supplied rubbish containers and may assess
users a restart fee of $5 for each commercial or
industrial account (including each residential bin
service account) from which the monthly charge has not
been received by Contractor within 30 days of the
billing date.
C. Fees and Gratuities
Neither Contractor nor any of his agents or employees
shall request, demand or accept, either directly or
indirectly, any compensation or gratuity from any
person, firm or corporation for the collection of
refuse as herein defined, except such compensation as
may herein be provided for and permitted.
D. Bankruptcy
Any of the following shall constitute a breach of
contract by Contractor and shall, at City's option,
terminate the contract and the licenses and privileges
granted therein:
1. The appointment of a receiver to take possession
of all or substantially all of the assets of
Contractor; or
2. A general assignment by Contractor for the benefit
of creditors; and
3. Any action taken by or suffered by Contractor
under any insolvency or bankruptcy act.
E. Heirs, Successors, Etc.
The terms, covenants and conditions of the contract
shall apply to and shall bind the heirs, successor,
executors, administrators and assigns of the
Contractor.
16
PROPOSAL FORM
COLLECTION AND DISPOSAL OF RESIDENTIAL, COMMERCIAL,
INDUSTRIAL GARBAGE AND RUBBISH
FOR THE CITY OF DIAMOND BAR
The undersigned as proposer declares that he has carefully examined
the location of the proposed work, that he has examined the
Specifications and read the accompanying instructions to proposers,
and hereby proposes and agrees, if the proposal is accepted, to
furnish all materials and do all work required by Specifications
and Agreement.
Name of Company:
Address:
Phone:
Contact Person:
Years in Business:
Number of Accounts In Diamond Bar:
Residential
commercial
Industrial
Average Monthly Tonnage:
Residential
Commercial
Industrial
Present Billing System:
Proposed Monthly Rates:
Residential
Commercial
Industrial
Proposed Franchise Fee:
Other Monies Payable to the City (Please Describe):
Length of Proposed Franchise:
Recycling Program Included: Yes No
The undersigned proposer further understands that the City of
Diamond Bar, California reserves the right to award all or any part
of this bid without any obligation to the City. The City also
reserves the right to waive any informality in proposals.
PROPER NAME OF BIDDER
BY:
(Signature of Bidder)
Dated: , 1990
AFFIDAVIT FOR CO -PARTNERSHIP FIRM
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
being first
duly sworn, deposes and says:
That he is a member of the co -partnership firm designated as
which is the party making the foregoing proposal or bid; that such
proposal is genuine and not collusive or sham; that said bidder has
not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in
any manner sought by collusion to secure any advantage against the
City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
That he has been and is duly vested with the authority to make
and sign instruments for the co -partnership by
who constitute the other members of the co -partnership.
Subscribed and sworn
to before me this
day of
Signature
. 1990
Signature of Officer Administering Oath
(NOTARY PUBLIC)
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
my sworn, deposes and says:
That he is
, being first
of,
a
corporation which is the party making the foregoing proposal or
bid; that such proposal is genuine and not collusive or sham; that
said bidder has not colluded, conspired, connived or agreed,
directly or indirectly, with any other bidder or person to put in
a sham bid or that such other person shall refrain from bidding;
and has not in any manner sought by collusion to secure any
advantage against the City of Diamond Bar or any person interested
in the proposed contract, for himself or for any other person.
Subscribed and sworn
to before me this
day of
Signature
1990
Signature of Officer Administering Oath
(NOTARY PUBLIC)
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
being first
duly sworn, deposes and says:
That he is the party making the foregoing proposal or bid;
that such proposal is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in
any manner sought by collusion to secure any advantage against the
City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
Subscribed and sworn
to before me this
day of
Signature
1990
Signature of Officer Administering Oath
(NOTARY PUBLIC)
AFFIDAVIT FOR JOINT VENTURE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
, being first
my sworn, deposes and says:
That he is of,
N
one of the parties submitting the foregoing proposal or bid as a
joint venture and that he has ben and is duly vested with the
authority to make and sign instruments for an on behalf of the
parties making said proposal who are:
that such proposal is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in
any manner sought by collusion to secure any advantage against the
City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
Signature
Subscribed and sworn
to before me this
day of , 1990
Signature of OfficZZ er Administering Oath
(NOTARY PUBLIC)
PROPOSER'S BOND
KNOW BY ALL MEN BY THESE PRESENTS, THAT WE,
as principal, and
as surety, are held and
firmly bound unto the City of Diamond Bar in the sum of Ten
Thousand Dollars ($10,000.00), to be paid to the said City or its
certain attorney, its successors and assigns; for which payment
will and truly to be made, we bind ourselves, our heirs, executors
and administrators, successors or assigns, jointly and severally,
firmly by these presents.
NOW THEREFORE, if the aforesaid principal is awarded the contract,
and within the time and manner required under the specifications,
after the prescribed forms are presented to him for signature,
enters into a written contract, in the prescribed form in
accordance with the bid, and files the required bonds with the City
of Diamond Bar, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. In the event
suit is brought upon this bond by the obligee and judgment is
recovered, the surety shall pay all costs incurred by the obligee
in such suit, including a reasonable attorney's fee to be fixed by
the court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of A.D., 1990
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
ADDRESS
NOTE: Signature of those executing for the surety must be
property acknowledged.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR REPEALING, IN ITS
ENTIRETY, CHAPTER 20.72 OF TITLE 20 OF THE LOS
ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND
ADOPTING REQUIREMENTS AND STANDARDS RELATING
TO GARBAGE AND REFUSE COLLECTION.
The City Council of the City of Diamond Bar does hereby
ordain as follows:
SECTION 1: Chapter 20.72 of Title 20 of the Los Angeles
County Code as heretofore adopted by this City Council is hereby
repealed, in its entirety, provided that said repeal shall not
apply to or excuse any violation thereof occurring prior to the
effective date of this Ordinance.
SECTION 2: The following provisions are hereby adopted as
the Garbage and Refuse Collection Ordinance of the City of
Diamond Bar to read, in words and figures, as follows:
"Garbage and Refuse Collection
"Section
1
Legislative Policy.
Section
2
Definitions.
Section
3
Authority of City Council to
Issue Permits for Disposal and
Collection.
Section
4
Permits for Refuse Collection
and Establishment of Collection
Fees.
Section
5
Unlawful Collection.
Section
6
Permittee to have Exclusive
Rights --Exception.
Section
7
Collection in Emergencies.
Section
8
Hours of Collection.
Section
9
Refuse Collection --Spillage.
Section
10
Refuse Receptacles.
1
Section
11
Replacement of Receptacles for
Collection.
Section
12
Time and Date of Placement of
Receptacles.
Section
13
Refuse Removal.
Section
14
Refuse Disposal.
Section
15
Special Provisions Regarding
Method of Disposal.
Section
16
Burning, Burial or Dumping.
Section
17
Duration of Storage.
Section
18
Use of Trucks.
Section
19
No Parking of Refuse Trucks on
any City Street.
Section
20
Trucks --Equipment Required.
Section
21
Specifications and Restrictions
on Collection Trucks.
Section
22
Truck Inspection.
Section
23
Permittee's Local Telephone
Number.
Section
24
Permittee's Employees.
Section
25
Permit for Removal of Refuse --
Prerequisites.
Section
26
Permit Provisions.
Section
27
Charges for Service.
Section
28
Right of Provision Modification.
Section
29
Right to Grant Franchise.
Section
30
Penalty for Violation of Chapter.
Section
31
Civil Remedies Available.
Section
32
Severability.
"Section 1. Legislative Policy. The City Council
finds and determines that storage, accumulation,
collection and disposal of refuse, trash, rubbish, solid
waste, debris and other discarded material is a matter
of great public concern, in that improper control of
such matters creates a public nuisance, which may lead
to air pollution, fire hazards, illegal dumping, insect
breeding and rat infestation and other problems
affecting the health, welfare and safety of the
2
residents of Diamond Bar and surrounding cities. The
City Council further declares that regulations provided
in this Ordinance are designed to eliminate or alleviate
such problems.
"Section 2. Definitions. For the purpose of this
Ordinance, the following words and phrases are defined and
shall be construed as hereinafter set out, unless it is
apparent from the context that a different meaning was
intended:
"A. 'Animal Waste' means manure, fertilizer, or any
form of solid excrement produced by any and all forms of
domestic animals or commercial livestock.
"B. 'City' means the City of Diamond Bar.
"C. 'City Clerk' means the City Clerk of the City of
Diamond Bar.
"D. 'City Manager' means the City Manager of the City
of Diamond Bar or his designee.
"E. 'Council' means the City Council of the City of
Diamond Bar.
"F. 'Commercial Premises' means buildings, structures
and areas used principally for business, commercial or
industrial purposes, and including the following: hotels,
motels, apartment buildings containing more than four
apartments, condominium buildings containing more than
3
four condominiums, and including all other places that
are not defined as residential units in this section.
"G. 'Composting' means the product resulting from
controlled biological decomposition of organic wastes
that are source separated from the solid waste stream.
"H. 'Composting Center, Station or Facility' means
facilities whose principal function is to receive and to
process green waste through composting.
"I. 'Green Wastes' means vegetative cuttings,
shrubs, stumps, brush, tree trimmings, grasses and
related materials which have been separated from other
solid waste. Green waste does not include stumps with
diameters exceeding 10 inches.
"J. 'Occupant' means and includes every owner of,
and every tenant or person who is in possession of, is
the inhabitant of, or has the care and control of, an
inhabited residence.
"K. 'Permit' means written authority granted by
the City to any person to collect garbage, rubbish and
trash as evidenced by contract, franchise, certificate
or other writing.
"L. 'Permittee' means any refuse collector
authorized by the City Council to collect refuse within
the City pursuant to this Ordinance.
4
"M. 'Person' means any individual, firm,
corporation, association, or group or combination acting
as a unit.
'N. 'Recyclable Materials' means aluminum and
metal cans, newspapers, paper, glass bottles or jars,
plastics and green wastes.
"O. 'Recycling' means the process of collecting,
sorting, cleansing, treating, and reconstituting
materials that would otherwise become solid waste, and
returning them to the economic mainstream in the form of
raw materials for new, reused, or reconstituted products
which meet the quality standards necessary to be used in
the marketplace. Recycling does not include
transformation as defined as the incineration,
pyrolysis, distillation, gasification, or biological
conversion other than composting.
"P. 'Recycling Center, Station or Facility' means
facilities whose principal function is to receive,
store, convert, separate, or transfer recyclable
materials for processing.
"Q. 'Refuse' means and includes any and all types
of rubbish, trash, garbage or other waste material
referred to in this Ordinance.
"R. 'Refuse Collector' means any person or
persons, firm, copartnership, joint venture, association
5
or corporation engaged in the collection, transportation
and/or disposal of solid waste and/or rubbish in the
City.
"S. 'Residential Unit' means each place used for
residential purposes, including the following but not
restricted to: Single-family dwellings, multifamily
dwellings, apartments and/or condominiums containing
four units or less, townhouses, mobile home parks, and
trailer courts, whether or not utilizing dumpster-type
bins, but not including hospitals, convalescent homes,
hotels and motels.
'T. 'Rubbish' means and includes, but is not
restricted to, all nonbiodegradable waste, or debris
such as paper, cardboard, grass, tree or shrub
trimmings, rugs, straw, clothing, wood or wood products,
crockery, glass, rubber, metal, plastic, construction
waste and debris and other similar materials.
"U. 'Rubbish Disposal Operator' is synonymous with
refuse collector.
"V. 'Salvage' means and includes rubbish, from
which articles or material of value may be extracted,
segregated, removed or developed.
"W. 'Solid waste' means and includes all
putrescible and nonputrescible solid and semisolid
wastes, such as refuse, rubbish, paper, ashes but does
2
not include hazardous waste as defined in California
Government Code Section 66714.8 or California Health and
Safety Code Section 25517, or any amendment thereto or
successor provisions thereof.
"X. 'Streets' means the public streets, ways and
alleys, except state freeways, as the same now or may
hereafter exist within the City.
"Y. 'Trash' means and includes, but is not
restricted to, every accumulation of animal, vegetable
or other material:
11(1) Resulting from the preparation and
consumption of edible foodstuffs; or
11(2) Resulting from decay, dealing in or
storage of meats, fish, fowl, fruits or vegetables,
including the cans, containers or wrappers wasted along
with such materials; or
"(3) Such industrial, domestic and organic
refuse or residue of animals sold for meat; or
11(4) Fruit, vegetable and animal matter from
kitchens, dining rooms, markets, food establishments or
any other place using, dealing in or handling meats,
fish, fowl, fruits, vegetables or grains; or
"(5) Offal, animal waste, or the carcasses of
animals, fish or fowl; or
7
"(6) Nonrecyclable glass, paper or metal
products.
"Z. 'Truck' means any truck, trailer, semitrailer,
conveyance or vehicle used or intended to be used for
the purpose of collecting refuse or to haul or transport
refuse.
"Section 3. Authority of City Council to Issue
Permits for Disposal and Collection. Pursuant to
Section 66757 of the California Government Code, as
amended from time to time, or any successor provision or
provisions thereto, the Council shall have the authority
to issue exclusive permits for the collection and
disposal of refuse, trash, rubbish and other forms of
solid waste, as provided for in this Ordinance, and may,
as a condition for issuing such permits, require a bond
from the permittee in an amount determined by the City
Council to insure the faithful performance of such
collection and disposal service in accordance with this
Ordinance and the terms and conditions imposed by the
Council. In the event that any permittee shall fail or
refuse to conform to the conditions of the permit or
this Ordinance, the Council, at its option and after a
hearing called upon at least ten days' written notice to
the permittee, may revoke such permit. In issuing
permits for refuse and rubbish collection and disposal,
8
the Council shall not be required to issue the same
based upon the offer of lowest rates, but shall be free
to issue such permits to the person deemed best suited
to comply with the terms of this Ordinance and such
other terms and conditions imposed by the Council.
"Section 4. Permits for Refuse Collection and
Establishment of Collection Fees. The Council
determines that the disposal and/or collection of
refuse, trash, rubbish or other solid waste is a service
to be performed in the City in accordance with the
provisions of this Ordinance. The City may from time to
time issue permits to those parties meeting the criteria
of this Ordinance and such other standards as may be
established by resolution of the City Council regarding
the collection of refuse, rubbish and other forms of
solid waste from residential and commercial units. So
long as any such permit remains in force, collection of
material provided for herein may be made only in
accordance with the terms and conditions thereof. Fees
and charges for such collection, removal and disposal
services shall be those which the Council may from time
to time hereafter approve by resolution. No person
shall engage in the business of collecting, removing or
disposing of any refuse, trash, rubbish, green wastes,
recyclable materials or other solid waste including
9
hazardous wastes or infectious medical waste, within the
City from any residential unit or commercial premises,
nor transport the same over any public streets or
rights-of-way, unless a permit to do so has first been
obtained from the Council and such person complies with
the provisions of this Ordinance and any other
regulations which have been adopted pursuant to this
Ordinance.
"Section 5. Unlawful Collection. No person shall
collect or transport refuse within the City unless such
person is a permittee, as defined in this Ordinance, or
is exempt in accordance with subsections A through E of
this Section. No person shall permit, allow or enter
into any agreement whatsoever for the collection or
transportation of refuse from any residential unit or
commercial premises with any person who is not a
permittee as herein defined except as permitted in
subsections A through E of this Section.
"A. The collection and removal of grass
clippings and shrubbery by individual residents and by
individuals doing business as professional landscapers,
when the collection is directly related to their work,
shall be exempt from the refuse permit system.
"B. A permittee shall not be required to
collect hazardous or dangerous materials as part of its
10
AGREEMENT FOR THE COLLECTION AND DISPOSAL OF
REFUSE, RUBBISH, GARBAGE AND WASTE MATERIALS.
THIS AGREEMENT is made and entered into this day
of , 19 , by and between the City of Diamond Bar,
a municipal corporation (hereinafter referred to as "City"), and
a California corporation,
(hereinafter referred to as "Contractor").
W I T N E S S E T H
In consideration of their covenants, and the terms and
conditions hereof, the parties hereto agree as follows:
1. Contractor, in consideration of the payment
hereinafter agreed to be made to Contractor by City, and under
penalty of the bonds conditioned as set forth in the
Specifications, Exhibit "A" attached hereto and by this reference
made a part hereof, hereby agrees to perform all the work set
forth and described, and in the manner prescribed, in the
Specifications.
2. The parties hereto understand and agree that this
written Agreement, the aforesaid Specifications, City's Garbage
and Refuse Collection Ordinance, all City ordinances and
resolutions as the same now exist or may hereafter be amended
from time to time, and the Contractor's performance bond shall
constitute the contract between the parties. Should it be
ascertained that any inconsistency exists between the aforesaid
1
documents and this written Agreement, the provisions of this
written Agreement shall control.
3. Neither the acceptance by City or its representa-
tives, nor any order by City for payment of money, nor any
payment for, or acceptance of, the whole or any part of the work
by City or its representatives, shall operate as a waiver of any
portion of this Agreement or of any power herein reserved to City
or any damages herein provided; nor shall any waiver of any
breach of this Agreement be held to be a waiver of any other or
subsequent breach.
4. Contractor shall keep itself fully informed of
existing and future state and federal laws, rules and regulations
and City ordinances, regulations, rules and orders in any manner
affecting those engaged and employed in or on the work, or in any
way affecting the conduct of the work, and of all orders or
decrees of bodies of officials having jurisdiction or authority
over the same, and shall, at all times, observe and comply with
and cause any and all persons employed by Contractor or under
Contractor to observe and comply with, all such laws, ordinances,
rules, regulations, orders and decrees.
5. The term of this Agreement shall commence on
, 19 and continue to ,
19 Upon commencement of the term hereof, any previously
existing agreements between the parties shall have no further
force and effect, except as to any rights or obligations which
2
may have accrued to either party under the terms of said previous
agreements.
6. Contractor shall receive from City, as full
compensation for the performance of this Agreement, the rates
specified in Exhibit "B", attached hereto and incorporated herein
by this reference, for each residential unit from which
collection is made. Moreover, Contractor shall be entitled to
charge the commercial premises rates specified in Exhibit "B".
7. In the event that circumstances beyond the control
of Contractor impose or generate excessive costs in the
performance of this Agreement, Contractor may petition City to
determine if an adjustment in compensation is warranted to avoid
undue financial hardship on Contractor, and material impairment
of contractor's ability to provide the level and quality of
service herein specified. Contractor agrees to furnish all such
accounts and records as are needed in the judgment of City's City
Council to substantiate any requests for increased payments from
City or increased rates to customers. The decision of City's
City Council shall be final.
8. Contractor understands and agrees that it shall
keep full and complete books, records and accounts of all
financial transactions with respect to this Agreement. Such
books, records and accounts shall be maintained in accordance
with accepted accounting principles and shall be maintained in
such fashion so as to provide a detailed financial analysis with
3
respect to Contractor's operations hereunder. All such books,
records and accounts shall be maintained for a minimum of 5 years
from and after the end of the fiscal year in which any such
books, records and accounts are created. Contractor understands
and agrees that City, by and through its designated
representatives, may inspect any such books, records and accounts
during contractor's normal business hours at contractor's office
and, further, that City, at its cost, and in its sole discretion,
may cause an audit of any books, records and/or accounts
maintained or prepared by Contractor under and pursuant to this
Agreement. Contractor further agrees to provide City copies of
any such books, records and/or accounts or permit the copying
thereof by City. The parties agree that Contractor is not
required to maintain an accounting system or books, records or
accounts for its operations hereunder separate and apart from its
other operations.
9. All complaints regarding service by Contractor,
whether received by Contractor or City, shall be resolved in
accordance with the specifications.
10. In the event that any provision of this Agreement
is violated by contractor, City may, at its election, terminate
the Agreement or take over and complete the Agreement for
Contractor by serving written notice upon contractor of its
intention to terminate or complete such Agreement, and unless,
within thirty (30) days after the serving of such notice, such
2
violation shall cease, the Agreement, upon the expiration of said
thirty (30) days, shall cease and terminate or City shall take
over its completion, as stated in said notice. As to violations
of the provisions of this Agreement which cannot be remedied or
corrected within thirty (30) days, said Agreement, at election of
City, shall cease and terminate or City shall take over its
completion upon the giving of written notice. If contractor
should be adjudged bankrupt or should make a general assignment
for the benefit of creditors or a receiver should be appointed on
the account of insolvency of Contractor, or if Contractor should
persistently and repeatedly refuse or should fail to supply
enough properly skilled workers or proper materials or equipment
for the collection and disposal of refuse from City, as herein
provided, in a good and workmanlike manner, or fail to make
prompt payment for materials, equipment or labor or persistently
disregard laws, ordinances, or the instructions of City or its
duly authorized representatives, or otherwise be in substantial
violation of any provision of the Agreement documents, then City
may, without prejudice to any other right or remedy, and after
giving Contractor written notice, terminate or take over
completion of said Agreement.
It is understood and agreed that, should Contractor
fail to furnish labor, materials and equipment to do and perform
all the work and labor provided for herein, in the manner set
forth, and in a good and workmanlike manner, Contractor shall, in
5
addition to any other provisions presented in the Agreement
documents, be liable to City for all losses or damages that the
latter may suffer on account thereof, including, but not limited
to, reasonable attorney's fees and court costs.
11. The standard of performance that Contractor is
required to maintain to fulfill the conditions of the Agreement
or such ordinance as City's City Council may from time to time
adopt, shall be the standards established by City's City Manager
or City Council.
12. Any notice required or permitted hereunder shall be
made by dispositing the same in the United States Mail, postage
prepaid, as follows:
Contractor:
city: City Manager
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, California 91765
13. Wherever in the specifications the term "City
Manager" appears, the same shall be deemed to refer to the City's
City Manager or his duly authorized representative.
14. Wherever in this contract, including the
Specifications, or any other document constituting a part hereof
or furnished pursuant hereto, Contractor indemnifies City, such
indemnification shall in all instances apply in favor of City's
T
elected officials, officers, agents and employees of City and
shall apply to all indemnitees.
15. The parties hereto agree that, insofar as it can
legally be done, the provisions of this contract shall constitute
an exclusive franchise under which Contractor shall have the
exclusive right and obligation of picking up all trash and
garbage in City for the area or areas specified in Exhibit "C".
The above shall include the exclusion of all other contractors,
persons, corporations or entities from picking up such trash and
garbage from such commercial, industrial, residences and
apartment houses to the extent permitted by law.
16. It is understood and agreed that Contractor shall
make all of the pick ups and perform all of the services required
of it under the provisions of this contract and franchise. It is
further agreed that in return for such franchise, Contractor
shall remit to City a percentage of its gross monthly billings in
accordance with the Specifications.
17. This Agreement and the rights hereunder may not be
assigned by the Contractor except with the express prior written
consent of City, whether any such purported assignment be
voluntary or by operation of law.
18. It is understood and agreed by and between the
parties hereto, that in the event the County of Los Angeles
imposes a charge by the day, or by the ton, or upon each truck,
or upon each company for the privilege of disposing of trash and
7
rubbish in County facilities, or increases any such existing
charge, a rate adjustment shall be negotiated between the parties
and such rate adjustment shall be implemented within thirty (30)
days of the date of the imposition of such charge.
19. Contractor agrees to advise City in writing at the
time any negotiations are undertaken between Contractor and its
employees relating to wages and benefits and Contractor shall
report the status of said negotiations from time to time
including any pending strike, lock out, walk out, boycott or
other labor dispute.
20. Full and complete financial data and Contractor's
proposal for any rate increases, whether commercial, residential
or industrial, shall be submitted to City at least sixty (60)
days prior to the requested date of adjustment of any such rates.
21. Contractor shall, at Contractor's sole cost and
expense, obtain, and keep in full force and effect during the
term of this Agreement, full compensation insurance for all
persons who may be employed by Contractor in carrying out the
work specified in the Agreement. Such compensation insurance
shall be in accordance with the requirements of the State of
California relating to worker's compensation. Contractor shall
furnish to City a copy of the policy or certificate evidencing
such policy. Contractor shall execute and file with City the
statement required under California Labor Code Section 3700.
8
22. Throughout the term of this Agreement, at
Contractor's sole cost and expense, Contractor shall keep or
cause to be kept in full force and effect, for the mutual benefit
of City and Contractor, comprehensive broad form general public
liability insurance against claims and liability for personal
injury, death or property damage arising from Contractor's
operations hereunder, with a combined single limit providing
protection of at least Five Million Dollars ($5,000,000.00) for
bodily injury or death to any one person, or for any one accident
or occurrence and for property damage and at least Ten Million
Dollars ($10,000,000.00) aggregate for bodily injury or death and
for property damage. such insurance shall be carried only in
responsible insurance companies licensed to do business in the
State of California. All such policies shall contain language to
the effect that (1) the insurer waives the right of subrogation
against City and against City's agents and representatives, (2)
the policies are primary and noncontributing with any insurance
that may be carried by City, and (3) they cannot be canceled or
materially changed except upon thirty (30) days prior written
notice by the insurer to City. In the event of any such
cancellation or material change in such policy of insurance, then
this Agreement shall terminate and be of no further force and
effect. Contractor agrees to furnish City copies of all such
policies promptly upon receipt of them, or certificates
evidencing the insurance. Contractor further agrees that all
0
concurrent passive or active negligence on the part of City, but
excluding such actions, claims, damages to persons or property,
penalties, obligations, or liabilities arising from the sole
negligence or willful misconduct of City, its elected officials,
officers, agents and employees and in connection therewith,
Contractor agrees as follows:
a. Contractor will defend any action or actions
filed in connection with any said claims, damages, penalties,
obligations or liabilities and will pay all costs and expenses,
including attorney's fees, incurred in connection therewith.
b. Contractor will promptly pay any judgment
rendered against Contractor or City covering such claims,
damages, penalties, obligations and liabilities arising out of or
in connection with this Agreement and Contractor agrees to save
and hold City harmless therefrom.
C. In the event City, without fault, is made a
party to any action or proceeding filed or prosecuted against
Contractor for damages or other claims arising out of or in
connection with Contractor's operations hereunder, Contractor
agrees to pay to City any and all costs and expenses incurred by
City in such action or proceeding together with City's reasonable
attorney's fees.
11
24. Contractor agrees to place into service new
vehicles, meeting all requirements therefor set forth in the
Specifications, in accordance with the timelines set forth in the
Fleet Replacement Schedule set forth in Exhibit "E" hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the date first set forth above.
Attest:
CITY OF DIAMOND BAR
Mayor
City Clerk
"CONTRACTOR"
By
By
N\1012\REFUSAGR\DB 5.5(DISC) 12
regular collection activity. Liquid and dry caustics,
acids, biohazardous, flammable, explosive materials,
insecticides, and similar substances shall not be
deposited in collection containers. Any person
collecting such substances shall, in addition to any
requirements of State law, obtain a permit therefor
pursuant to the provisions of this Ordinance.
"C. Infectious medical waste (as defined in
California Health and Safety Code Section 25117.5, as
amended from time to time, or any successor provision or
provisions thereto) shall not be collected by a
permittee as part of its regular collection activity.
Anyone producing such wastes shall store, handle and
dispose of such materials only in the manner approved by
the county health officer or designated deputy, and in
accordance with the California Health and Safety Code.
Disposal of infectious medical waste shall be conducted
pursuant to a permit issued under this Ordinance in
addition to any requirements imposed by State law.
"D. The collection and removal of recyclable
material and/or green wastes shall not be exempt from
the refuse permit system; however, such activities may
be the subject of a separate permit at the discretion of
the Council.
11
"E. The removal and disposal of refuse from a
residential unit by the occupant or owner thereof shall
be exempt from the refuse permit system, subject to the
provisions of Section 13 of this Ordinance.
"Section 6. Permittee to have Exclusive Rights --
Exception. Excepting existing rights that the City
reserves to itself, or as otherwise provided in this
Ordinance, persons to whom the City may issue a permit
and the agents, servants and employees of any such
person, while the permit is in effect, shall have the
exclusive right to gather, collect and remove garbage,
rubbish, waste material, green wastes and/or recyclable
materials from premises within the City subject to such
terms and conditions as the Council may apply to the
issuance of such permit.
"Any refuse collector operating within the City,
pursuant to any statutory exemption and not otherwise a
permittee shall, within ninety (90) days of the
effective date of this Ordinance, submit to the City
Manager a plan for the provision of recycling services
for such refuse collector accounts. Such plan shall be
prepared in accordance with all requirements established
by the City for ensuring maximum compliance with
applicable state laws relating to recycling of solid
waste. Upon approval of such recycling plan by the City
12
Manager, the refuse collector shall implement said plan,
within thirty (30) days thereafter or such longer time
as approved by the City Manager. All refuse collectors,
whether permittees or otherwise, shall prepare monthly
service collection reports. The report shall include
information on the total number of residences served by
regular refuse collection, number of residences
participating in the recycling program, tonnage of total
recyclables, tonnage of each individual recyclable
collected, total operation costs, and revenues derived
from the sale of recyclables, and any other pertinent
information as required by the City.
"All such reports are to be submitted on a
quarterly basis. Unless otherwise notified, all reports
shall be mailed or hand delivered to the City Manager,
City of Diamond Bar, 21660 E. Copley Drive, Suite 100,
Diamond Bar, California 91765.
"Section 7. Collection in Emergencies. In
emergencies, such as the breakdown of equipment, or
other unforeseen or unpreventable circumstances, where
in the judgment of the City Manager the particular
situation justifies such action, the City Manager may
issue limited or temporary permits to private persons or
corporations to perform any of the services regulated by
this Ordinance, subject to such reasonable fees, charges
13
and conditions as the circumstances may warrant and as
the parties involved may agree upon; provided that such
fees and charges received from or paid to any private
persons or corporations under this section for any
period exceeding fifteen days' duration shall be
approved by the Council.
"Section 8. Hours of Collection. All collections
from residential areas and areas immediately adjacent to
residential areas shall be made between the hours of
7:00 a.m. and 5:00 p.m., collections from commercial and
industrial locations may start at 6:00 a.m. provided,
however, that the peace and quiet of residential
neighborhoods is not disrupted. The City Manager may
require a permittee to change hours of operation in
commercial and industrial areas if disruption of
residential neighborhoods occurs.
"Section 9. Refuse Collection --Spillage.
Permittees shall exercise all reasonable care and
diligence in collecting refuse so as to prevent
spilling, scattering or dropping of refuse, and shall
immediately, at the time of occurrence, clean up any
such spillage.
"Section 10. Refuse Receptacles.
"A. It shall be the duty of every tenant,
lessee or occupant of any residence or commercial unit,
14
the keeper of every apartment house and of every other
person having refuse, to provide without expense to the
City and at all times, except on collection day, to keep
within the building in which any of the same may be
situated, sufficient plastic or paper bags specifically
designed for the containment of refuse, or watertight
metal or plastic receptacles, except as hereinafter
provided, which shall have suitable bales or handles and
a tight -fitting cover which shall prevent leakage or
escape of odors, and which when filled within four
inches of the top shall contain all refuse which would
ordinarily accumulate on such premises between
collections. The exterior of such receptacles,
including covers, shall be kept clean from accumulated
grease or decomposing materials. Except when placed in
accordance with Section 11 hereof for collection
purposes, refuse receptacles shall be kept and
maintained only in storage locations permitted by the
Diamond Bar Zoning Ordinance, as the same presently
exists or as may be amended from time to time, or as
specified by use permit or other entitlement for use.
"B. Grass clippings, leaves and other yard work
debris, other than branches or tree limbs, may be either
deposited in metal or plastic receptacles, or specially
designed bags, as above mentioned, or cardboard boxes.
15
If cardboard boxes are used, the cardboard boxes, along
with the contents, shall be considered refuse set out
for collection and both the cardboard boxes and contents
shall be collected.
"C. Branches, tree limbs or other similar debris
shall be tied with sturdy twine, rope or wire, in
bundles not exceeding four feet in length nor eighteen
inches in diameter.
"D. Newspapers and magazines may be either
deposited in metal or plastic receptacles, as above
mentioned, or tied with sturdy twine, rope or wire, in
bundles not exceeding fifty pounds in weight.
"E. Extra or unwanted cardboard boxes shall be
flattened and tied in bundles not exceeding four feet in
length nor fifty pounds in weight.
"F. Any receptacle designed to be emptied by hand
shall have a capacity of not less than fifteen gallons
nor more than forty-five gallons, and which shall not
exceed fifty pounds in weight when loaded, adequate to
contain the amount of garbage and combustible rubbish
normally accumulating during the interval between
collections thereof. Each such receptacle employed
solely for the accumulation of commercial garbage shall
have a capacity not in excess of thirty-five gallons.
Each such receptacle shall be of durable metal or
plastic construction, water tight, the top diameter of
the container opening in no case shall be less than the
diameter of the container below the top and which
receptacle shall be equipped with handles and a tight-
fitting metal or plastic cover. The use of oil drums of
fifty gallon capacity or more is specifically
prohibited. Cardboard containers shall be removed as
refuse.
"G. Notwithstanding any other provision of this
Section 10 pertaining to types of refuse receptacles or
other permissible method of containment of items of
refuse to be disposed of, in the event the City of
Diamond Bar institutes a recycling program, green wastes
program or an automated refuse program, then all persons
shall deposit all refuse in refuse receptacles provided
for said purpose by City or the Permittee. Refuse
placed for collection, and not in special containers or
receptacles as provided by City or the Permittee, shall
not be collected.
"Section 11. Placement of Receptacles for
Collection. It shall be the duty of every person having
charge and control of any residential unit or commercial
premises to set out or place containers for the
collection of refuse, rubbish, miscellaneous debris and
combined rubbish and/or other solid waste, as follows:
17
"Any container or receptacle for the purpose of
reception and removal of refuse shall be placed at the
curb in front of the dwelling, or the alley in the rear
of each dwelling; except where alleys, having access to
streets at each end, exist in the rear of commercial
premises, and from such premises collections shall be
made from such alleys, provided that the permittee may
designate some other location for the placement of
containers and receptacles when such placement will
expedite collection, and approved by the City Manager.
"Section 12. Time and Date of Placement of
Receptacles.
"A. No person shall place, or cause to be
placed, any refuse or container or receptacle for
refuse, on any public highway or in any place or in any
manner other than hereinabove provided, or at any time
other than the days established by the City for the
collection of such refuse on the particular route
involved, earlier than sunset of the day preceding the
day designated for collection, and all containers and
receptacles shall be removed from the place of
collection prior to 10:00 p.m. of the day the containers
and receptacles have been emptied.
"B. Each owner, occupant, tenant or lessee of
a residential or commercial unit shall maintain the same
18
in a sanitary condition. If the containers or
receptacles should not be emptied and the contents
removed on the date and time scheduled by the permittee,
they should immediately notify the permittee or the
City, and it shall be the duty of the permittee to
forthwith arrange for the collection and disposal of the
refuse.
"C. Refuse, trash, rubbish, salvage and other
solid waste which exceeds the limitations hereinabove
set out may, in the discretion of the permittee, be
scheduled for special collection upon the application of
the owner or occupant of the premises. Special
collection charges may be assessed by the permittee for
this service with prior approval of above-mentioned
occupant of the premises and subject to any requirements
set forth in the permit.
"D. No person, other than the owner thereof,
the owner's agents or employees or an officer or
employee of the City or a permittee's agents or
employees authorized for such purposes, shall tamper or
meddle with any refuse container or the contents
thereof, or remove the contents of any container, or
remove any container from the location where the same
shall have been placed by the owner thereof or owner's
agent.
19
"Section 13. Refuse Removal. Pursuant to
California Administrative Code Title 14, Chapter
17.331H, all refuse created, produced or accumulated in
or about a residential unit or commercial premises in
the City shall be removed at least once each week. No
person who is the occupant of any of the above-described
premises shall fail or neglect to provide for the
removal of refuse at least as often as prescribed in
this Section.
"Section 14. Refuse Disposal. The permittee shall
dispose of collected wastes, at permittee's expense, at
a City -directed landfill or transfer station in a manner
satisfactory to the City and in accordance with all
state and local laws and regulations.
"Section 15. Special Provisions Regarding Method
of Disposal.
"A. The removal of wearing apparel, bedding
or other refuse from residential units or other places
where highly infectious or contagious diseases have been
present shall be performed under the supervision and
direction of the County Health Officer and such refuse
shall neither be placed in containers or receptacles nor
left for regular collection and disposal.
"B. Highly flammable or explosive or
radioactive refuse shall not be placed in containers or
20
receptacles for regular collection and disposal, but
shall be removed under the supervision of the City at
the expense of the owner or possessor of the material.
"C. Refuse or other solid waste containing
water or other liquids shall be drained before being
placed in a container or receptacle. Matter which is
subject to decomposition shall be wrapped in paper or
other material before being placed in a container or
receptacle.
"D. No battery acid, poisonous, caustic or
toxic material or any other substance capable of
damaging clothing or causing injury to the person shall
be mixed or placed with any rubbish, solid waste or
other refuse which is to be collected, removed or
disposed of by a permittee. Such items shall be removed
at the occupant's expense only after arrangements have
been made with the permittee or City for such removal.
"E. Animal waste, as defined in this
Ordinance, shall not be placed in containers or
receptacles for regular collection and disposal, but
shall be removed at the occupant's expense.
"F. Upon institution of recycling programs
for recyclable materials or green wastes, or both, such
materials shall be disposed of through specific
21
recycling or composting processes, as the case may be,
as approved by the City Council.
"Section 16. Burning, Burial or Dumping. No
person shall burn, bury or dump refuse within the City
at any time, unless a special permit for such burning,
burial or dumping has been issued pursuant to authority
conferred by the Council, and/or the Fire Department.
"Section 17. Duration of Storage. Pursuant to
California Administrative Code Title 14, Chapter 3,
Section 17.331H, no person shall store or accumulate any
refuse, rubbish or miscellaneous debris in any container
or at any location other than as hereinabove set forth,
or for any length of time other than as follows:
"A. Refuse. Refuse shall not be accumulated
or stored for a period of time in excess of:
"(i) Residential units: One week (seven
days);
11(2) Commercial premises: One week
(seven days);
"B. Rubbish, other than refuse, shall not be
stored or accumulated for a period of time in excess of
one week (seven days);
"C. The above periods of time which end in
any week in which a holiday occurs are extended one
additional day.
22
"Section 18. Use of Trucks. Any persons who
desire to operate privately owned refuse, trash or
rubbish vehicles under provisions of this Ordinance
shall utilize vehicles which are reasonably watertight
and are provided with a tight cover to the reasonable
satisfaction of the City Manager. The City Manager
shall require the permittee to remove from service or
repair those vehicles that allow or permit offensive
odors to escape and/or refuse to be blown, dropped or
spilled therefrom.
"Section 19. No Parking of Refuse Trucks on any
City Street.
"A. No person, between the hours of 8:00 p.m.
and 5:00 a.m., shall leave a refuse truck parked on any
city street.
"B. No person, between the hours of 5:00 a.m.
and 8:0o p.m., shall leave a refuse truck parked on any
city street for more than one hour unless the City
Manager is notified that a breakdown or emergency
exists.
"Section 20. Trucks --Equipment Required. Each
truck of a permittee shall at all times have in the cab
the registration of the truck, a certificate of
insurance, and an identification card with the name of
whom to telephone in case of an accident or emergency.
23
Each truck shall also be equipped with a five -pound fire
extinguisher certified by the California State Fire
Marshal and recharged as needed, but not less than once
annually.
"Section 21. Specifications and Restrictions on
Collection Trucks. All trucks used for refuse, rubbish
and/or solid waste collection within the City shall be
required:
"A. To be completely enclosed with a
nonabsorbent cover while transporting refuse, trash or
rubbish in or through the City. 'Completely enclosed
with a nonabsorbent cover' means that refuse, trash or
rubbish shall not be visible from the street, nor shall
any of the substances be permitted to leak, spill or
become deposited along the public streets;
"B. All trucks used in the course of refuse
or rubbish collection shall be painted colors approved
by the City Manager and identified by truck numerals, a
company logo, and local telephone number. Those trucks
shall be kept clean and in good repair at all times.
"C. All trucks shall be maintained in good
and safe mechanical condition.
24
"Section 22. Truck Inspection.
"A. Each of any permittee's trucks shall be
made available for inspection at the discretion of the
City Manager at any point of operation.
"B. A decal may be issued by the City for
each truck complying with provisions of this Ordinance
which shall be placed on the truck in a conspicuous
place.
"Section 23. Permittee's Local Telephone Number.
Each permittee must maintain a local telephone number
which shall be staffed for personal contact between 8:00
a.m. and 5:00 p.m. on normal working days, and at all
other times with some type of mechanism for the purpose
of taking messages.
"Section 24. Permittee's Employees. Each
permittee must provide high-quality service by industry
standards and supply competent, qualified, identifiable
and uniformed personnel who serve the residents of
Diamond Bar in a courteous, helpful and impartial
manner.
"A. The City may, at its option, require
fingerprinting of the permittee's employees whose
service will cause them to enter onto or work in close
proximity to private property.
25
"B. The permittee shall be required to hire
employees without regard to race, religion, color,
national origin, sex, political affiliation, or any
other nonmerit factor.
"C. Any employee driving permittee's refuse
trucks shall at all times have in his or her possession
a valid and appropriate vehicle operator's license
issued by the State of California.
"D. The permittee's employees shall be
required to wear clean, identifiable uniforms when
engaged in refuse collection service within the City.
"Section 25. Permit for Removal of Refuse --
Prerequisites.
"A. Procedure and Required Information. A
permittee must file a letter with the City Manager or
designee containing the following information:
11(1) Name and description of the
permittee;
11(2) Permanent business address and
address of local office of the permittee;
11(3) Trade and firm name;
11(4) If a joint venture or a partnership
or limited partnership, the names of all partners of the
firm, and the names of the officers and their percentage
or participation interest and their permanent addresses;
26
11(5) Facts indicating that the permittee
has arranged for refuse disposal in an area where the
same may be legally accepted and disposed of as directed
by the City;
be served;
11(6) Desired refuse collection area to
11(7) Facts indicating that permittee is
qualified to render efficient refuse collection service;
11(8) Facts indicating that trucks and
equipment conform to all applicable provisions of this
Ordinance;
"(9) Satisfactory evidence that
permittee has been in existence as a going concern for
in excess of five years and possesses not less than five
years' actual operating experience as a going concern in
residential and/or commercial refuse collection and
disposal;
"(10) Satisfactory evidence that
permittee's experience as a going concern in residential
and/or commercial refuse collection and disposal derives
from operations of comparable size to that contemplated
by the permittee; details shall include length of other
contracts, name and size of municipality, nature of
service provided, and the name of the contact person at
the municipality being served;
27
"(11) Evidence that permittee is in good
standing in the State of California and in the case of a
corporation organized under the laws of any other state,
evidence that permittee is licensed to do business in
the State of California;
"(12) A detailed inventory of the
permittee's equipment available for use in refuse
collection area;
"(13) A written statement that permittee
has complied with or is capable of complying with all
regulations imposed by the County of Los Angeles and the
State of California for the collection and disposal of
solid wastes.
"(14) Facts indicating that the
applicant owns or has under his control, in good
mechanical condition, sufficient equipment to conduct
the business of refuse collection adequately if granted
a permit, and that applicant owns or has access to
suitable facilities for maintaining his equipment in a
clean and sanitary condition.
"(15) Satisfactory evidence that the
issuance of a permit is in the public interest and
convenience in that there is an available market for
refuse collection which can be legally served by the
applicant.
28
11(16) Such other pertinent facts or
information as the City may require, including evidence
of State certification, if applicable.
11(17) Any of the above provisions in
conflict with certification requirements imposed by
State law shall not be required.
"B. Fees and Requirements for Permit.
11(1) Upon consideration of the
information contained in the above-mentioned letter and
following a public hearing conducted by the City Council
upon at least ten days' prior written notice to the
applicant, the City Council may issue a permit.
11(2) Each permit granted shall apply to
refuse collection for an area of the City specified
therein or, in the case of hazardous waste, infectious
medical waste, recycling or green waste operations,
specified premises or areas, and may be exclusive.
11(3) A fee for processing permit
applications may be set by resolution of the City
Council.
"C. Bonding of Permittee. Before granting a
permit under the provisions of this Ordinance, the
Council shall require the permittee as a condition to
the permit, to post with the City Clerk a cash bond or
surety bond in an amount determined by the Council and
29
furnished by a corporate surety authorized to do
business in the State of California, payable to the City
of Diamond Bar. The bond shall be conditioned upon the
full and faithful performance by the permittee of
obligations under the applicable provisions of this
Ordinance and shall be kept in full force and effect by
the permittee throughout the life of the permit and all
renewals thereof.
"D. Indemnification by Permittee. As a
condition of the City issuing a permit, permittee shall
agree to appear and defend all actions against the City
arising out of the exercise of such permit, and shall
indemnify and save the City, its officers, elected
officials, employees and agents free and harmless from
all claims, demands, actions or causes of actions of
every kind and description, and shall pay any and all
related attorneys' fees and court costs resulting
directly or indirectly, arising out of, or in any way
connected with the exercise of the permit, including,
but not by way of limitation, any act or omission of any
officer, employee or agent of permittee.
"E. Liability Insurance. The permittee shall
obtain and keep in force during the term of the permit,
public liability and bodily injury insurance in amounts
determined by the City Council, and workers compensation
M
insurance covering all employees of the permittee.
Copies of such policies, or certificates evidencing such
policies, shall be filed with the City Clerk prior to
the commencement of activities authorized by the permit.
The City and its officers, elected officials, employees
and agents shall be named as additional insureds on all
such policies. All such policies shall contain at a
minimum a provision requiring a thirty -day notice to be
given to the City prior to cancellation, modification or
reduction of limits. The amounts of public liability
insurance for bodily injury and property damage shall be
subject to review and adjustment by the Council.
"F. Compliance with Local and California Laws
and Regulations. The permittee must agree to perform
the terms of the permit in such a manner so as to comply
with all applicable local and state laws and regulations
pertaining to the collection, storage and transportation
of solid waste. The permittee shall also comply with
all other ordinances and regulations of the City and
applicable laws and regulations of the County of Los
Angeles and State of California, and shall obtain and
keep in force all required permits and business licenses
throughout the life of the permit and all renewals
thereof.
31
"Section 26. Permit Provisions.
"A. Fees. Any permit issued pursuant to this
Ordinance shall provide for the payment of permit fees
to the City, shall contain additional provisions agreed
to by and between the City and permittee, and shall
constitute a written agreement of said parties.
"B. Assignment or Transfer of Permit. No
assignment or transfer of a permit pursuant to this
Ordinance or any right accruing under such permit shall
be made in whole or in part by the permittee without the
express consent of the Council. In the event any
assignment or transfer is authorized by the Council, the
assignee shall assume the liability and all other
obligations of the permittee. Each permittee shall
file, on or before July 1 of each calendar year, with
the City Clerk, a statement of ownership and shall
verify the same as being true and correct under penalty
of perjury under the laws of the State of California.
"C. Revocation. A permit may be revoked at
the option of the Council in the event there is a change
of ownership of any kind or nature of the operating
company, unless approval therefor has been obtained in
writing from the Council. If it is determined by the
City Manager that permittee has not complied with the
provisions of this Ordinance, the permit, and all other
32
applicable statutes, ordinances, rules and regulations,
the City Manager shall notify the permittee in writing
of noncompliance and shall order compliance within
thirty days.
"If noncompliance is not corrected within the
above -prescribed thirty -day period, the Council,
following a public hearing upon at least ten days'
written notice to the permittee, may terminate the
permit.
"Section 27. Charges for Service.
"A. Collection Charge. A charge for the
collection of refuse shall be imposed on the owner or
occupant of each residential unit or commercial premises
to which refuse collection service is made available.
The amount of such charges shall be fixed and changed
from time to time and shall be collected at such time
and in such manner as prescribed by resolution of the
City Council. The charge so fixed shall be a civil debt
due and owing to the City or permittee from the owner or
occupant of the residential unit or commercial premises
to which the collection service is made available. The
City Council hereby specifically finds and determines
that the periodic collection of refuse and rubbish from
all residential units and commercial premises benefits
all occupants and residents of the City, provides for
33
the health, safety and welfare of all persons in the
City and, therefore, all such occupants or owners are
liable for the payment of collection service provided
for hereunder, whether or not any such owner or occupant
avails himself or herself of such collection service.
"B. Rate Adjustments. All revisions in
charges levied must be submitted to the City Council for
review and action and must be approved by resolution of
the City Council following a public hearing upon at
least ten days' written notice to the permittee.
"Section 28. Right of Provision Modification. The
City specifically retains the right to repeal, amend,
add to, or modify each and every provision of this
Ordinance.
"Section 29. Right to Grant Franchise. The City,
subject to all applicable state laws, specifically
retains the right to grant a franchise or franchises for
the collection of garbage or refuse from any residential
unit or commercial premises.
"Section 30. Penalty for Violation of Ordinance.
It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision or to fail to
comply with any of the requirements of this Ordinance.
Any person, firm, partnership, or corporation violating
any provision of this Ordinance or failing to comply
34
with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding one thousand dollars,
or by imprisonment not exceeding six months, or by both
such fine and imprisonment. Each such person, firm,
partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion
thereof during which any violation of any of the
provisions of this Ordinance is committed, continued or
permitted by such person, firm, partnership or
corporation, and shall be deemed punishable therefor as
provided in this Ordinance.
"Section 31. Civil Remedies Available. The
violation of any of the provisions of this Ordinance
shall constitute a nuisance and may be abated by the
City through civil process by means of restraining
order, preliminary or permanent injunction or in any
other manner provided by law for the abatement of such
nuisances.
"Section 32. Severability. 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 in a court of
competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections,
081
paragraphs, sentences and words of this Ordinance shall
remain in full force and effect."
SECTION 3: The City Clerk shall certify to the passage of
this Ordinance and shall cause this Ordinance to be posted in
three (3) public places within the City of Diamond Bar within
fifteen (15) days after its passage in the manner prescribed by
Resolution No. 89-6.
ADOPTED AND APPROVED THIS DAY OF , 1990.
Mayor
I, LYNDA BURGESS, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the Council of the City of
Diamond Bar held on this day of , 1990, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the day of ,
1990, 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
L\1012\DBREFUSE\DB 5.5 (Disc) 36
SPECIFICATIONS
I WORK TO BE DONE
A. Work to be done under this Agreement shall include
furnishing of all labor, material and equipment
necessary for, and the collection of, all refuse
within the present or future City limits of City
according to these Specifications, and the disposal
of such refuse in the nearest available Los Angeles
County dump, transfer station or other site approved
by City.
B. Contractor shall collect refuse at least once per
week from each residential unit or commercial premises
within City, unless the same is exempt from service by
City permit.
C. Contractor shall make refuse collections at least once
per week at all areas designated by City at no cost to
City. Contractor shall service and provide for rubbish
disposal to City and all of its facilities for the area
set forth in Exhibit "C," including, but not
limited to, City offices and parks, without charge
of any type to City.
D. Contractor shall render services at all times in
accordance with the Garbage and Refuse Collection
Ordinance and all ordinances of City as they now or may
hereafter exist.
E. Contractor shall not be required to collect refuse
unless it has been placed in containers or otherwise
bundled pursuant to the Garbage and Refuse Collection
Ordinance.
F. Contractor shall be required to, and have the exclusive
duty and privilege to, collect, remove and retain all
refuse originating from commercial premises and
residential units within the City served by one or more
water meters for the area specified as exclusive in
Exhibit "C."
EXHIBIT "All
1
G. Contractor shall collect and dispose of discarded
automobile or truck bodies, or other bulky or heavy
objects, dirt, sod, rock, manure or waste from any
poultry yard or stable, and material resulting from
building or construction operations, and may assess
special collection charges for such service, subject
to final approval by the City Manager. All such
collections shall occur within seven (7) days after
receipt of request for such collection.
H. Should Contractor fail to collect and dispose of refuse
set out or placed for collections, as herein provided,
at times required, after notification by City and
reasonable time, City may collect and dispose of same
and Contractor shall be liable for the expense
incurred, including City's reasonable overhead costs of
30%.
II FREQUENCY OF RUBBISH COLLECTIONS
Contractor shall collect all refuse from each residential
unit once each week and shall collect all refuse from each
commercial premises once each week unless the owner or
manager thereof has arranged with Contractor for more
frequent service.
III MAINTENANCE OF SCHEDULES
Presently existing routes, schedules and times for collec-
tions of refuse shall be maintained but may be changed by
authorization of City and after at least one (1) month's
advance notice to occupants of buildings in areas where
changes are to be made. Holidays and holiday schedules
shall be subject to approval by City.
IV STANDARDS FOR COLLECTIONS
The standard service shall be at least equal in all respects
to the service presently being provided.
A. Contractor shall so conduct its operations so as to
offer the least possible obstruction and inconvenience
to public traffic or disruption to the peace or quiet
of the area within which collections are effected. In
accordance therewith, collections of refuse shall not
be made between the hours of 7:00 p.m. and 7:00 a.m.,
except as otherwise provided in City's Garbage and
Refuse Collection Ordinance.
2
B. Contractor shall maintain all trucks and equipment used
within City in good mechanical condition and the same
shall be clean and uniformly painted and numbered. All
trucks and equipment shall have painted thereon, or
affixed thereto, in letters and numerals at least six
(6) inches in height, the name and telephone number of
Contractor, which name and telephone shall be clearly
visible at all times. Each vehicle utilized by
Contractor shall be identified by numerals at least
six (6) inches in height in a location or locations
on such vehicles to be specified by City. A list
showing each vehicle so identified shall be supplied
to City and maintained in a current posture. All
trucks and equipment used in the performance of the
Agreement shall be subject to inspection by City, and,
upon notice given by City, Contractor shall make the
equipment available for inspection. If City finds that
any truck or equipment being used by Contractor is not
in satisfactory condition then the truck or equipment
requiring correction of defects shall not be used by
Contractor in the performance of the Agreement until
corrected to the reasonable satisfaction of City.
All truck bodies used by contractor shall be
constructed of metal and shall be reasonably watertight
and leak -proof. Each piece of equipment used by
Contractor shall carry at all times a broom and shovel
to be used for the immediate removal of any spilled
material.
The body of each truck of Contractor shall have a metal
cover covering at least fifty percent of the truck body
at all times and the remaining fifty percent shall be
covered by a tight fitting, waterproof tarpaulin, which
shall be securely tied in order to cover refuse when
the vehicle is being used to transport its contents to
the place of disposal or otherwise of a design and
construction approved by the City Manager.
C. Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed in the execution of this
contract and Contractor and any subcontractors under
Contractor shall comply with and be governed by the
laws of the State of California having to do with
working hours as set forth in the Labor Code of the
State of California, as the same may be amended from
time to time.
D. Unless otherwise directed by City, Contractor shall
make all collections of refuse from the curb along the
3
street in front of each dwelling, place of business, or
human habitation, except where paved alleys exist in
the rear of such properties, then from such properties,
collections shall be made by Contractor from alleys
provided, however, that this requirement shall not
apply to a blind alley. In any event, Contractor shall
not be under any obligation to enter private courts or
places, or other private property, to make collections
under this Agreement, except in commercial premises
where refuse is kept in a paved service yard and where
the same shall be picked up from such service yard when
deposited there for collection.
E. All containers shall be placed by Contractor, following
collection therefrom, in an upright position where
found; provided, however, if residential containers are
found in a public street, the same shall be placed on
the nearest curb, sidewalk, driveway, or parkway, and
out of said street. No container shall be placed in a
public street by Contractor, except as may be
authorized by City.
F. Contractor shall not throw refuse containers from a
truck to the ground, or in any other way break,
damage, or roughly handle said containers. Contractor
shall replace any container damaged by Contractor's
acts upon order of City where refuse containers are in
conformance with City specifications. All spilled
material shall be immediately removed by Contractor.
G. When any refuse is not collected by Contractor,
Contractor shall leave a heavy paper or card stock tag,
provided at Contractor's cost, at least 2" x 6" in
size, red in color, on which is specifically stated
the reason for the refusal to collect and stating the
City ordinance or provision of the Agreement which has
been violated. Such tag shall contain thereon the
name, address and telephone number of Contractor and
shall be securely fastened to the container or article.
Contractor shall maintain a record of the location
where all and any such tags have been placed. In the
event the reason for noncollection is not remedied or
cured by the date of the next regular pickup for the
location, Contractor shall provide City with written
notice thereof, stating the full particulars of the
reason for no collection and location thereof.
H. Contractor shall dispose of all refuse only at places
or sites where such disposal is lawful and City shall
not be liable for the disposal of the same or to
4
provide sites or places for the disposal of the same.
I. Contractor agrees to assist and cooperate, at least
twice per year at no additional cost to City, in a
clean up operation on dates to be designated by City.
J. Contractor shall return all bins, roll -off boxes and
the like utilized for commercial premises hereunder,
to the enclosure(s) provided therefor on the property.
In the event that a commercial premises fails to
utilize such enclosures, or if said enclosures are
rendered unusable due to the placement therein of items
(such as storage of materials) not to be removed,
Contractor shall request the owner or manager thereof
to make the enclosure usable for bins, roll -off boxes
and the like. If the commercial premises fails or
refuses to correct the situation, Contractor shall
notify City thereof.
K. Contractor shall supply its employees with uniforms of
a type approved by the City Manager.
L. In the event of an
or other natural or
make available all
ment and facilities
Manager.
epidemic, war, riot, insurrection
man-made disaster, Contractor shall
of its employees, vehicles, equip -
to City as required by the City
V COMPLAINT SERVICE
A. Contractor shall maintain a telephone service with a
local exchange area telephone number for the purpose
of handling complaints or emergency service calls.
The said telephone service shall be operated between
the hours of 8:00 a.m. and 5:00 p.m. of each day during
which collections are made hereunder. Contractor shall,
during non -office hours, implement a message receiving
system, of a type approved by the City Manager, to
receive complaints at times other than during office
hours hereunder. Complaints shall be investigated and
resolved within five (5) working days.
B. Complaints received by Contractor shall be recorded in
a log established for that purpose and shall specify
the date and time of the complaint and the substance
thereof. The disposition of the complaint and the date
of disposition shall be recorded and a copy of said log
shall be provided to City monthly.
C. Contractor shall have available, during the hours while
5
Contractor's telephone service is in operation, an
emergency service vehicle to attend to complaints or
emergency calls.
D. Contractor shall visit City offices at such times as
City shall designate for the purpose of discussing any
matters relating to, or any complaints which may be
involved with, the performance of the Agreement.
Contractor shall report back as directed on any action
taken with reference to subject matter so discussed.
Coordination of such check-in meetings to be arranged
by City.
E. Contractor shall own or lease and maintain at its
expense all equipment necessary to perform its duties
as provided for under the Agreement, including
sufficient radio equipment for office to field equip-
ment communication.
F. Every effort will be made to provide a good quality of
complaint service and follow up in the community.
VI PERFORMANCE BOND
Contractor shall, upon the execution of the Agreement,
execute and file with City, a corporate surety bond in favor
of City in the penal sum of One Hundred Thousand Dollars
($100,000.00), conditioned upon the faithful performance of
said Agreement, which said bond shall be furnished and kept
in full force and effect for the complete term of the
Agreement. Said bond may be renewed on an annual basis.
VII SUPERVISION
Performance of each of the provisions of the Agreement shall
be under the direction of City's City Manager or his
designated representatives or his designee and the work
hereunder shall be done in a thorough and workmanlike manner
under the direction, and to the satisfaction, of the City
Manager or his designee.
VIII PAYMENT FOR WORK
A. Contractor agrees to accept as full compensation for
the complete collection and disposal of residential
refuse from residential units and commercial premises
the rates per unit or premises as specified in the
Agreement.
B. Commercial and residential accounts shall be directly
6
billed by Contractor on a monthly, bimonthly or
quarterly basis as approved by City. A list of
all current commercial and residential accounts shall
be regularly provided to City. The records of
Contractor in this regard shall be available at
reasonable times for the inspection of City.
During the term of the Agreement, Contractor shall pay
to City an amount equal to percent ( %) of
Contractor's gross billings for commercial acounts and
an amount equal to percent ( %) of Contractor's
gross billings for residential accounts. All such
payments during the term hereof shall be made to City
within thirty (30) days of Contractor's date of
billing to such accounts.
IX FEES AND GRATUITIES
Except as provided by the Agreement, Contractor shall not,
nor shall Contractor permit any agent, employee or sub-
contractor employed by it to request, solicit, demand or
accept, either directly or indirectly, any compensation or
gratuity for the collection of refuse.
X SUBCONTRACTORS
Contractor shall not assign, transfer, or subcontract this
Agreement, or any part thereof, without first obtaining
the written consent of City, except that Contractor may sell
or otherwise dispose of salvaged refuse after the same has
been collected.
XI WAIVERS
No acquiescence, failure or neglect of either City or
Contractor to insist on strict performance of any or all of
the terms of the Agreement or of these Specifications shall
be considered as or constitute a waiver of any term or
condition of the Agreement or any performance required
thereunder, or any remedy, damage or other liability arising
out of such refusal, neglect or liability or inability to
perform at any time.
XII LAWS AND REGULATIONS
A. Contractor shall comply with all laws, ordinances rules
and regulations of the State, County, City and all
governing bodies having jurisdiction applying to work
done or to be done under the Agreement. Contractor
shall conform to and abide by all Ordinances of City
and of the County of Los Angeles and of the cities
through which refuse collected may be hauled or wherein
refuse may be deposited.
B. Contractor shall exonerate, indemnify and hold harmless
City and its elected officials, officers, agents and
employees from and against,and shall assume full
responsibility for payment of,all wages or salary and
all Federal, State and local taxes or contributions
imposed or required under Unemployment Insurance,
Social Security, income tax laws and worker's
compensation laws with respect to Contractor's
employees engaged in the performance of the Agreement.
XIII CHANGES
City may at any time, by a written order, direct that
changes or extras be made in the work, specifications, and
schedules relating to the Agreement. If any such changes
cause an increase or decrease in the cost of, or the time
required for performance of the Agreement, an equitable
adjustment shall be made in the Agreement price or schedule,
or both, and the Agreement shall be modified in writing
accordingly.
Any claim by Contractor for adjustment under this clause
must be asserted within thirty (30) days from the date of
receipt by Contractor of the notification of changes.
However, nothing in this paragraph shall excuse Contractor
from proceeding with the Agreement as changed.
XIV UNINTERRUPTED SERVICE
Contractor shall make all necessary arrangements to provide
uninterrupted service to residential, commercial and
industrial customers throughout the period of the Agreement.
XV INTERPRETATION OF DOCUMENTS
In the event of any uncertainty, conflict or ambiguity in
the terms of the Agreement, these Specifications or of any
ordinance of the City regarding performance under the
Agreement, the City Manager shall have the right to make an
interpretation and such interpretation shall be final.
Contractor agrees to adhere to and comply with any such
interpretation of the City Manager.
XVI RECYCLING AND OR COMPOSTING
[INSERT Recycling/Composting Program and standards as
approved by CITY.]
N\1012\REFUSXRA\DB 5.5 (DISC) 8
AGENDA NO. /�____
------------------------------------------------------------------------------
CITY OF DIAMOND BAR
AGENDA REPORT
------------------------------------------------------------------------------
------------------------------------------------------------------------------
DATE: March 1, 1990 MEETING DATE:
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Dennis A. Tarango, Acting Planning Director
Pursuant to Mayor Pro Tempore Werner's directive, attached is a copy of the San
Marino Zoning Code as it related to C1 (Commercial) zone uses. I would like to
direct your attention to the list of uses especially excluded from the C1 zone.
The list includes drive-in restaurants (Item No. 7). The City of San Marino has
determined that the drive-in restaurant use generates debris which depreciates
the value of the surrounding properties.
RECOMMENDATION:
Review and provide staff with direction to include:
1. Instruct City Attorney and Planning Department to review and develop an
ordinance for review by Planning Commission with recommendation to City
Council.
2. Table
DAT: da
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit:
Revenue Source:
V I WE D BY
--- %�------ --_ L7,V _
Robert L. Van Nort
City Manager
U
(Narrative continued on next page it necessary)
---------------------- --------------------
Andrew V. Arczynski Linda Magnuson
City Attorney Sr. Accountant
ZONING
Article III. C-1 Commercial Zone.
SEC. 2.3.14. USES PERMITTED.
The following uses shall be permitted in the C-1 Commercial Zone:
(A) Retail business establishments, stores, banks, real
estate offices, administrative offices, professional offices,
administrative offices, professional offices, schools Of general
instruction recognized and accredited by public schools
authorities, churches, barber and beauty shops, repair shops,
local trade services shops, local trade services, public parking
areas, but not including and specifically excluding:
2i9
(Revised 12/86)
SEC. 23.14. CONT...
(1) Secondhand stores;
(2) Self-service laundries;
(3) Chain wash racks;
(4) Auto wrecking establishments;
(5) Automobile painting, body and fender work unless incidental
to the operation of a new automobile agency;
(6) Trailer rental or sales establishments; of food or
(7) Drive-in restaurants or any other similar type
beverage business whose patronage consists, in whole or in
part, of motorists who are served while remaining in their
vehicles;
(8) Wayside hiighwaysswhere foodseorobeverages n or care sold ent to ufor cstreets or
outdoor
consumption;
(9) Public dance halls;
(10) Sports areanas;
(11) Hospitals;
(12) Commercial storage or warehouse facilities;
(13) Mortuaries;
(14) Motels;
(15) Trailer coach camps;
(16) Any manufacturing use;
(17) Wholesale business establishments involving storage or
warehousing; cocktail barc•
(18) On-saie retailers of aiUhc�ii� 'tjCvcagcs; '
(19) The sale or display for sale of any goods, wares or mer-
chandise stored or maintained other than in an enclosed
building - except nurseries may display nursery stock (and
garden supplies if set back at least 25 feet), and gasoline
service stations may display automotive supplies within 5
feet of the central office thereof;
(20) Any enterprise or use which produces, causes or emits any
dust, gas, smoke, glare, noise, fumes, odors or vibrations
or which are or may be detrimental to the safety welfare,
health, peace and morals of the City and its residents;
(21) Any other use not specifically authorized herein;
(g) Signs which are accessory to and used in conjunction with
a permitted primary use, and which conform to the requirments of Chap-
ter 3 of this Code, hereby re -adopted into this Section.
(C) The uses hereinafter set forth are declared to posses char-
acteristics of such unique and special form as to make impractical an
advance classification of "permitted" or "prohibited" use in the C-1
zone. The location, development and operation of each of the follow-
ing and all matters directly related thereto, are therefore declared
to be subject to the prerequisite of a Conditional Use Permit,
and
each such use shall be prohibited until a Conditional Use Permit has
first been issued pursuant to the provisions of Section 23.31 - 23.41
of this Code. No permit shall be issued for, nor be effective to
permit any of the uses included herein if the same is prohibited by
other provisions of this Code. None of the uses set forth herein
shall be
220
1�
SLC:. 2 3 . 14 CONT ... s.
r
presumed as permitted uses, and the burden of proof h 1 be upon
the Applicant to show justification for each such permit:
(1) Any residential or R-1 use;
(2) Used car establishemnts;
(3) Clinics;
(1) The storing by a business or office of any of its equipment
or material in the omen;
(5) Self-service gasoline stations;
(6) public utility installation and facilities - except offices;
(The provisions hereof shall have no application to commun-
ication lines, electric transmission or distribution lines,
regulators, or meters, used directly or indirectly for ser-
vices to the public or any portion thereof by persons, firms
or corporations subject to the jurisdiction of and regulation
by the Public Utilities Commission of the State of California.
(i) Gymnasiums, massage Parlors and health centers;
(£3) notion picture theaters;
(9)• Veterinary clinics;
(1 n) (;c'Ve7-IIcIIIClit ur;cs;
(11) New car establishments;
(12) Commerical recreation facilities;
(13) Commercial advertising;
(lel) On -sale retailers of alcoholic beverages on premises located
within 300 feet of the boundary of any R-1 residential zone -
provided that the effect of this subsection (14) shall be
suspended for as -long as subsection (18) of subsection (A)
above remains in force and effect; upon any declaration of
invalidity or non -applicability of said subsecLion (18) of
subsection (A) above, then this subsection (14) shall
immediately and ipso facto be in force and effect retro-
actively to the date of the adoption of this subsection (14)
as an interim emergency zoning classification.
(15) in the event any of the prohibition of uses set forth in sub-
section (1) through (21) of subsection (A) above, is held to
be invalid or inapplicable for any reason whatsoever, then
such use shall immediately and automatically be classified
hereunder as a, conditional use,_ subject to the provisions of
Lhis paragraph, as an interim emergency zoninq classification.
(URD. No. 668.)
(16) Antique Stores; Which shall be defined as "a store that exclu-
sively sells works of art, pieces of furniture or decorative
objects, made at an earlier period - at least 100 years aao".
(o) Service stations aro permitted, subject to the issuance by
the Planning Commission of a permit therefor pursuant to the followina
provisions:
(1) New Stations. Applicants for new stations snail submit plans
indicaLinq conformity with the provisions of this subsection (D).
220.1
SEC. 23.14 CONT...
2. Existing Nonconforming Service Statio:.s>
Service stations
in existence prior to the effective date hereof which have been
damaged or martially destroyed, or which shall be added to or struc-
turally altered to the extent of more than 50% of current value of the
main structure in any one year, may not be occupied or used except
in conformity with the provisions of this Chapter unless such com-
pliance is v;aived in whole or in mart by the Planning Commission as
constituting an unneccessary hardship.
3. Application. An application shall be submitted according to
the reauirements established by the Planning Commission.
4. Review. Before any building permit is issued, each applicatic
shall be reviewed by the Planning Commission to ascertain compliarmet
with the following provisions; if such provisions are met, the pe
shall be issued.
S. Yard and Density Requirements.
a. Lot Area - Each service station shall be located on a lot
having an area'of not less than 14,000 sa. ft.
b. Lot Width - Each service station shall be located on a
lot having a width of not less than 120 ft.
c. Setbacks.
setback for any building o
1. There shall be a minimum f
10 ft. from any mroperty ling.
2. All gasoline pumps, or other facilities for. providinc
i automobiles with gasoline, and pump islands upon which
they are placed, shall be set back 20 ft. from any pro-
perty line.
3. Additional setbacks may be established by the Planning
Commission if deemed necessary to provide for the pro-
tection of eroperty values, safety, health, or welfare.
6. Activities Permitted and Prohibited.
a. vehicles
1. No vehicles shall be parked on service station premises
other than those vehicles being serviced for customers,
vehicles of employees, and tow trucks and other service
vehicles, except vehicle parking on a day to day basis
may be permitted under this section but in no event shall
such vehicle be left overnight.
2, vehicles being serviced shall not be stored in excess of
120 hours`Sparts)thereofoshallcampers,
keptouponeboats,
trailers or the premises
for more than 120 hours.
3. All vehicles waiting for service or parked and under the
control of any employee shall be parked exclusively on
private property.
220.1a
SEC. 23.14. CONT...
4. No inoperable vehicle shall be kept upon a service
station property for more than 120 hours.
5. Service stations shall maintain adequate circulation
routes for emergency vehicles at all times.
Violations of Subsection (a) (1) through (5) of Section 23.14. (d)
6 shall be declared infractions as outlined in Section 1.8A, Chapter
1 of the San DIarino City Code and shall be included in Section 1.8A
accordingly. Each continuing day shall be considered a separate vio-
lation for purposes of Section 23.14 (D).
The provisions of this ordinance shall become effective as of Febru-
ary 1,1985, in order that all service station operators of San Marinc
shall have had an opportunity to become fully acquainted with the
provisions of the ordinance. (Ordinance 873)
b. Autbmobile Service Station. Sales and services shall be limited
to the sale of motor fuels and supplying goods and services generally
required in' the operation and -maintenance of automotive vehicles and
fulfilling of motorist needs. They may include sale of petroleum
products; sale and servicing of tires, batteries, automotive acces-
sories and replacement items; washing and lubrication services; and
performance of minor automotive maintenance and repair; and the
supplying o� other incidental customer services and products. Ma,or
automotive repairs, painting and body and fender work are excluded.
c. Automotive Operations. Automotive repair, washing, and lubricatir
operations shall be conducted within the service station building.
7. Access, Parking and Circulation Requirements.
a. Accessways. Each developed site shall not have more than
two accessways to any one street.
1. Accessways shall be a minimum of 10 ft. from adjoining
residential property lines.
2. No driveways shall be allowed to encroach into the curve
of a street corner, unless the radius of the curb return
is greater than 30 ft.
b. Traffic Hazards. The Planning Commission has theright to
prescribe additional access requirements if it is deemed that,
a change in the location and number thereof will reduce the
possibilities of traffic hazards.
c. Parking Requirements.
1. Every service station shall be subject to all parking re-
quirements applicable to the '•'C" zone.
2. On-site parking shall be provided for each employee on dut
The peak employment period shall be used to determine the
number of employee parking spaces.
3. No parking of commercial vehicles shall be permittees bet-
ween 10:00 P.M. and 6:00 A.M.
220. 1 b
4. No vehicles may be parked on sidewalks, parkways, driveways,
or alleys.
5. No vehicles may be parked on the premises and offered for
sale, lease, or rent.
8. Signs as Permitted by City Code.
a. Signs shall not cause any glare or reflection or light on
other property or buildings.
b. No banners shall be permitted.
C. All signs shall comply with the provisions of Chapter 3
of this Code.
9. Fire Resistant Wall.
a. Where a service station adjoins property in a residential
.zone, a 7 ft. high solid masonry wall shall be constructed
on contiguous property lines except where:
1. the wall reaches the established front yard setback of
such adjoining residential property, it shall decrease to
a height of 3 ft.
c. �Iic wail rcaCrie.� _ e cJ�.aLl.i:�- J11- yard .��- .ice-,. of
l such adjoining residential property, it shall decrease to
J a height of 6 ft. and shall not exceed 4 ft. in height when
located within 2 ft. of side yard property line.
10. Lighting.
All outside lighting shall be so arranged and shielded as to
prevent any glare or reflection, and any nuisance, inconvenience,
or hazardous interference of any kind on adjoining streets or pro-
perty.
11. Landscaping.
a. 5 ft. wide planters shall be located and maintained adja-
cent to every street frontage except for curb cut openings.
b_. 150 sq. ft. of planting area shall be located and maintained
at the intersection of two property lines at a street corner.
c. 5 ft. wide planters shall be located and maintained along
the walls of the interior property lines from street line to
a distance equal to the front building line (for this purpose
canopies and other such structural appurtenances shall not
be considered the front building line).
d. 30 sq. ft. of planting area shall be located and maintained
along the building facades fronting on streets.
e. All landscaped areas shall have permanenl- irrigation systems
and such areas shall be Planted and well maintained.
220.2
f. All planting areas shall be separated from adjacent asphal-
tic concrete paving or concrete paving by a minimum 6 inch
high curb wall.
*,Note: The planting shall be a variety that will not achieve
a height greater than 3 feet (except trees) and shall not be
thorny or spiked and shall not extend over the sidewalk.
12. Special Use and Facility Requirements.
a. All utilities service shall be installed to buildings be1Qw
grade.
b. Entrances of all rest rooms shall be screened from view of
adjacent properties or street right-of-ways by solid decor-
ative screening 6 ft. high.
c. No service station shall be operated in a self-service manner.
d. All deliveries made to service stations adjacent to residen-
tial zones shall be between the hours of 7:00 A.M. and 7:00 P -N
e. Service stations which abut residential property shall close
between 12:00 midnight and 6:00 A.M. and all business activi-
ties except servicing of vehicles with gasoline and oil must
be confined to the hours between 6:00 A.M. and 10:00 P.M. daily
f Trach Areas_ al l o,=�c_do trach, c7a_rhaRo refii5e and storage
areas shall be connected to the main structure and shall be
enclosed on at least three sides by a 5 ft. structure con-
structed pursuant to Code requirements. Provisions for ade-
quate vehicular access to and from such areas for collection
of trash and garbage shall be provided.
g. Automobile Service Station Sales, Lease, or Rental Items. No
sale, lease, or rental of items, i.e. soda pop, cigarettes
(except in dispensers within the building); trailers, trucks,
peat moss, toys, etc., or anything not clearly incidental to
the automotive indus'ry shall be permitted.
h. Display. All display of automotive supplies shall be restricte
to within 5 feet of the central business office or on the pump
island.
13. No permit shall be issued for, nor be effective to permit, any
use if the same is prohibitedby other provisions of this Code; nor
shall "service station" as used herein include chain, automatic or
coin-operated wash racks, all of which are prohibited.
(E) a. "State authorizes child care and convalescent homes" are
those facilities preempted by the State or authorized by the State in
residential areas, and shall be classified as a conditional use -re-
quiring a Conditional Use Permit pursuant to the provisions of the
Zoning Code of this City. (ORD. No. 790)
(F) No business located within 200 feet of a residential
zone shall operate or conduct sales or service between 10:OOP.M.
and 6:OOA.M. unless a Conditional Use Permit shall first 'gave
been applied for, processed and granted.
SEC. 23.15. BUILDING HEIGHT LIMIT.
The maximum building height in the C-1 Commercial Zone shale be
thirty feet (30;).
SEC. 23.16. SITE AREA REQUIREMENTS.
No building in the C-1 Commercial Zone; all or any portion of which
is used for dwelling purposes, shall occupy a building site which
provides less than five thousand square feet of land area per
family or housekeeping unit.
SEC. 23.16-1. SITE DEVELOPMENT REQUIREMENTS.
1. Loading docks, loading areas, surface yards, outdoors storage,
or sales area, and all trash, rubbish, or garbage or refuse con-
tainers, which are located in a direct .ine of vision from any
portion of adjacent "R-1" zoned properties, shall be screened
and/or be separated from such "R-1" zoned properties by a view -
obscuring fence or wall not less than six (6) feet in height,
measured from the finished grade of such surface, yard or other
area. No outdoor storage shall be permitted to extend above.the
height of such fence or wall.
2. All outdoor lighting shall be constructed, operated and main-
tained so as to eliminate anv*interference wz.th; nr nuz.,nr? to
( such "R-1" zoned properties.
3. All signs, advertising structures and the like, located upon
such properties, and all driveways to and from such properties,
shall, as far as in consistent with the public safety, be located
remote from "R-1" zoned properties when such are located on the
same side of the street as said C-1 zoned properties.
4. All merchanical heating, air conditioning refrigeration or simi-
lar devices, maintained and operated on the exterior of buildings
located in the C-1 Zone, shall be enclosed, and shall be designed,
installed, operated and maintained in such a manner as to eliminate
unsightliness, noise, smoke, dust, etc., which would otherwise cause
an interference with adjacent "R-1" zoned properties. (ORD. No. 687.)
SEC. 23.16-1(5). A CONDITIONAL USE PERMIT SHALL BE REQUIRED
FOR THE FOLLOWING PROJECTS:
(a) Construction of any new building.
(b) Addition, renovation or remodeling of any existing building
when the value thereof is more than 20% of the estimated value of
the existing building. The value of the proposed addition, re-
novation or remodeling shall be cumulative of all such renovation
or remodeling over 5 years.
220.4 (Rev. 9/86)
The maximum building height in the C-1 Commerc_al Zona shall be
thirty feet (30').
SEC. 23.16. SITE AREA REQUIREMENTS.
No building in the C-1 Commercial Zone, all or any portion of which
is used for dwelling purposes, shall occupy a building site which
provides less than five thousand square feet of land area per
family or housekeeping unit.
SEC. 23.16-1. SITE DEVELOPMENT REQUIREMENTS.
1. Loading docks, loading areas, surface yards, outdoors storage,
or sales area, and all trash, rubbish, or garbage or refuse con-
tainers, which are located in a direct line of vision from any
portion of adjacent "R-1" zoned properties, shall be screened
and/or be separated from such "R-1" zoned properties by a view -
obscuring fence or wall not less than six (6) feet in height,
measured from the finished grade of such surface, yard or other
area. No outdoor storage shall be permitted to extend above the
height of such fence or wall.
2. All outdoor lighting sha_l be constructed, operated and main-
tained so as to eliminate an, interference with, or nuisance to
such "R-1" zoned properties.
3. All signs, advertising structures and the like,. located upon
such properties, and all driveways to a7nd from such properties,
shall, as far as in consistent with the public safety, be located
remote from "R-1" zoned properties when such are located on the
same side of the street as said C-1 zoned properties.
4. All merchanical heating, air conditioning refrigeration or simi-
lar devices, maintained and operated on the exterior of buildings
located in the C-1 Zone, shay be enclosed, and shall be designed,
installed, operated and maintained in such a manner as to eliminate
unsightliness, noise, smoke, dust, etc., which would otherwise cause
an interference with adjacent "R-1" zoned properties. (ORD. No. 687.)
5. A conditional use permit shall be required for the following.
(a) Construction of any new building.
(b) Addition, renovation or remodeling of any existing building
when the value thereof is more than 20% of the estimated value of
the existing building. The va-'_ue of the proposed addition, re-
novation or remodeling shall b cumulative of all such renovation
or remodeling over 5 years.
(Rev. 10/86)
2 2'.
-01
5. Cont,
No such addition, renovation or remodeling performed prior to
the effective date of this ordinance shall be considered in de-
termining the cumulative value for purposes of determining the
cumulative value under this section.
The value of the proposed construction and of the existing
building shall be determined by the Building Department based
upon the latest Edition of the "Building Standards" as published
by the International Conference of Building officials.
(c) Division of existing building space to accommodate and ad-
ditional use, business, or occupancy.
6. No off-street parking shall be permitted in front of any building
or, in the case of a corner lot, on either the front or side street
of the building facing a street. No off-street parking space shall
be located within 50 feet of an intersection of two streets. Suit-
able planting or screening of parking spaces, approved by the
Planning Commission shall be provided along public sidewalks.
(ORD. No. 906.)
SEC. 23.17. FRONT YARD REQUIREMENTS.
No front yards shall be required in the C-1 Commercial Zone, except
that no building used exclusively for dwelling purposes shall be less
than twenty-five feet from the front property line of the building
site. (ORD. No. 510, S 5.03.)
SEC. 23.18. SIDE YARD REQUIREMENTS.
No side yard shall be requires in the C-1 Commercial Zone except as
follows:
Any building or structure, constructed upon a C-1 Commercial zoned
lot abutting an R-1 residential zoned lot (without benefit of an
alley separating the two parcels) shall have the following yard
requirements on the side abutting such R-1 zoned lot:
1. Single -story buildings or structures; (16' max. ht.) shall
provide an eight root (81) minimum yard.
2. Multi -story buildings or structures: (30' max. ht.) shall
provide an eighteen foot (18') minimum yard.
3. All yards herein specified shall be improved to provide:
V a. A paved off-street parking area or paved driveway
to City standards; or
SEC. 23.i8. CONT...
b. Shall be surfaced, landscaped, or otherwise main--•
tained in a clean, dust free and orderly manner.
For the purpose of this provision, surfacing of
concrete or asphalt placed on soil treated for weed
control, together with appropriate landscaping or
other material approved by the City, shall be in-
stalled and maintained. (ORD. No. 687.)
220.4b
PETER F. SCHABARUM
CHAIRMAN OF THE BOARD
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
856 HALL OF ADMINISTRATION / LOS ANGELES. CALIFORNIA 90012
February 26, 1990
(213) 974.4111
Honorable Phyllis E. Papen
Mayor, City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765-4177
Dear Mayo
Upon receipt of your most recent correspondence with regard to
the 1989-90 property tax allocation for the City of Diamond Bar,
I took the liberty of again referring the matter to our County
Counsel for their further review and comments.
I am now in receipt of County Counsel's analysis and conclusion
in this regard, and I have enclosed a copy for your City's
review and information.
If you should have any further comments or questions, please let
me know.
Sincerely yours,
PETE SCHABARUM
Supervisor, First District
PS:sh
Enclosure
COUNTY OF LOS ANGELES
'Oft., OFFICE OF THE COUNTY COUNSEL
j, 648 HALL OF ADMINISTRATION
® 500 WEST TEMPLE STREET
4t ro.r�� •• LOS ANGELES, CALIFORNIA 90012
TELEPHONE
DE WITT W. CLINTON, COUNTY COUNSEL (213) 974-1876
February 26, 1990 TELECOPIER
(213) 626-7446
Honorable Peter F. Schabarum
Chairman, Board of Supervisors
856 Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
Re: Allocation of Property Tax Revenues
to the City of Diamond Bar (Code 1/26sh)
Dear Supervisor Schabarum:
By letter dated December 4, 1989, we provided you
with our opinion that the City of Diamond Bar is not
entitled to an allocation of property tax revenues for
the 1989-90 fiscal year.
The City of Diamond Bar retained the law firm of
Jennings, Engstrand & Henrikson (the "Jennings firm") to
review our opinion. By letter dated January 23, 1990,
addressed to the Mayor and City Council of the City of
Diamond Bar, the Jennings firm disagreed with our opinion
and advised the City that the County has an obligation to
allocate property taxes to the City of Diamond Bar for
the 1989-90 fiscal year.
We have examined the contentions set forth in the
Jennings firm's letter. We remain of the opinion that
the County is without authority to allocate property tax
revenues to the City for the 1989-90 fiscal year.
AggqyNdcoois
Honorable Peter F. Schabarum
Page 2
ANALYSIS
1. Tax Situs
The Jennings firm contends that the tax situs
doctrine of the California Constitution requires the City
to receive the benefits of property taxes paid by
residents of the City.
This same contention was raised by the plaintiffs in
the recent tax allocation suit commenced against the
County by several no- and low -property tax cities. That
case is entitled City of Rancho Cucamonga, et al. v.
Errol Mackzum, et al., Riverside Superior Court Case No.
198595. The trial court rejected this contention and
granted summary judgment in favor of the County.
Under the tax situs doctrine, a governmental entity
may not tax property unless that property is located
within the entity's boundaries. Under Proposition 13,
the County levies at 1% property tax on all nonexempt
real property within the county. This does not violate
the tax situs doctrine.
Proposition 13 empowers the Legislature to determine
how county -wide property taxes shall be allocated to the
various cities and special districts within the County.
In ruling in the County's favor, the trial judge noted
that the cities were advancing a fairness argument which
must be presented to the State Legislature.
2. Tax Uniformity
Plaintiffs in the Rancho Cucamonga case also argued
that the tax uniformity provision of the Constitution
required an allocation of taxes to no -property tax
cities. This argument was rejected by the court as well.
Proposition 13 ushered in a system of county -wide
taxation at a uniform rate of 1%, and, as noted above,
empowered the Legislature to determine how revenues would
be allocated.
After thorough briefing and analysis of the tax
uniformity provision, the court upheld the current scheme
Honorable
Page 3
Peter F. Schabarum
devised by the Legislature and rejected the contention
that the principles of tax uniformity are violated. The
tax uniformity argument advanced by the Jennings firm is
no different than the argument rejected in the Rancho
Cucamonga case.
3. Equal Protection
We noted in our earlier opinion that a taxing system
will be upheld by the courts so long as the system is
supported by a rational basis. The Jennings firm does
not disagree with this principle of law. Rather, the
Jennings firm contends that the system enacted by the
Legislature is "palpably arbitrary" and should not be
upheld as a proper scheme of taxation.
It is our opinion that the statutes in question are
supported by a rational basis. As pointed out in our
earlier letter, there obviously must be some cutoff date
in order to accommodate administrative and planning
needs. We believe that the system enacted by the
Legislature will be upheld against an attack based on
equal protection principles.
The Jennings firm cites the recent United States
Supreme Court decision in Alleghenv Pittsburgh Coal Co.
v. County Commission on Webster County West Virginia
(1989) 488 U.S. 102 L.Ed.2d 688, to support its
equal protection argument. Such reliance is misplaced,
as the Supreme Court specifically excluded Proposition
13 from its analysis. (Id., at footnote 4.)
Moreover, the Allegheny Pittsburgh case is
distinguishable. In that case, the Webster County
Assessor, on her own initiative, assessed real property
on the basis of its recent purchase price while only
making minor periodic adjustments in the assessment of
land that had not been recently sold. This practice was
contrary to State law which required property to be
assessed at its fair market value. The Supreme Court
held that this violated equal protection guarantees. In
the case at bar, the City of Diamond Bar does not
complain that the County is failing to properly apply the
law. Rather, the City of Diamond Bar contends that the
County should ignore the law.
Honorable Peter F. Schabarum
Page 4
Finally, we should point out that two trial courts
in California have recently held that the holding in the
Allegheny Pittsburgh case does not apply to Proposition
13. (Northwest Financial, Inc. v. State Board of
Equalization and San Diego County, San Diego Superior
Court, Case No. 611092; Nordlinger v. John J. Lynch, Los
Angeles Superior Court, Case No. C 738781.) Northwest
Financial is now on appeal, and it is expected that the
Nordlinger case will also be appealed.
There is a rational basis for requiring that certain
steps be completed within certain time frames in order
for a newly incorporated city to qualify for the
allocation of property tax revenues. Accordingly, it is
our opinion that principles of Equal Protection are
satisfied.
4. Lack of Authority to Allocate Tax Revenues
The Jennings firm contends that under relevant
statutes, the County has the authority, either directly
or indirectly, to provide the City of Diamond Bar with a
share of 1989-90 property tax revenues. We do not agree.
Upon the creation of a city, the Executive Officer
of the Local Agency Formation Commission is required to
file a statement of boundary creation with the Board of
Equalization, the County Assessor, and the County
Auditor. The statement of boundary creation must include
a map or plot indicating the boundaries. (Government
Code Sections 51204, 54900, and 54901.) The statement
and the map or plot must be filed with the Assessor and
the State Board of Equalization "[o]n or before January
1st of the year in which the assessments of taxes are to
be levied . . . ." (Government Code Section 54902.) If
the January 1st deadline is not met, the boundary changes
"shall not be effective for tax or assessment purposes
for the fiscal year beginning on the following July 1."
(Government Code Section 54902.1. Emphasis added.)
These sections of the Government Code evidence a
clear legislative intent that a newly -incorporated city
is not entitled to an allocation of property tax revenues
in the fiscal year commencing on July 1, unless the
statement of boundary creation and map or plot are on
file by the preceding January 1st.
Honorable Peter F. Schabarum
Page 5
The Jennings firm attempts to perceive a contrary
legislative intent by arguing that "shall" can sometimes
by directory as opposed to mandatory. However, the
critical language in Government Code Section 54902.1
provides that the boundary change "shall not be
applicable." This language is clear and unambiguous.
Had the Legislature intended that a newly -incorporated
city be entitled to a portion of fiscal year revenues
regardless of when the statement of boundary creation and
map or plot were filed, the Legislature could and would
have so provided.
Even if the County may not directly allocate tax
revenues under the statutes just discussed, the Jennings
firm contends that the County may indirectly provide the
City with a share of property tax revenues by granting a
credit against amounts due from the City for services
rendered by the County under contracts with the City.
The Jennings firm cites Government Code Section
57384, subsection (c), which grants the Board of
Supervisors the discretion to provide to a city, without
charge, all or a portion of services provided to the area
prior to incorporation for an additional period of time
after the end of the fiscal year during which the
incorporation became effective. This is a separate,
discretionary power of the Board of Supervisors. It has
no application to the statutory method of allocating
property tax revenues.
5. Statutory Obligations of LAFCO
The Jennings firm asserts that the "situation would
not have arisen had LAFCO met its statutory obligations"
regarding incorporations. It is argued that LAFCO
"failed to ensure that the residents would not lose the
benefits of their property taxes in this full fiscal year
by including in their reports or informing the electors
and city council members -elect of the extremely
detrimental effect an April effective date of
Incorporation would have on the financial situation of
the new City."
LAFCO has no duty or authority to mitigate the
consequences that might flow from the failure to complete
the incorporation process prior to January 1st. The
Honorable Peter F. Schabarum
Page 6
process of incorporating is commenced by the filing of a
petition and follows a schedule established in the
Cortese -Knox Local Government Reorganization Act of 1985.
(Government Code Sections 56000 et sea.)
In the case of Diamond Bar, the election to confirm
incorporation was delayed due to a request filed by a
resident to reconsider whether one area should be
excluded from the proposed boundaries.
CONCLUSION
We have carefully considered the contentions
asserted by the Jennings firm. We remain of the opinion
that the County is without authority to allocate a
portion of fiscal year 1989-90 property tax revenues to
the City of Diamond Bar.
Very truly yours,
DE WITT W. CLINTON
County ou e
By
DAVID L. MIJ R
Principal Deputy County Counsel
APPROVED AND RELEASED:
DE WITT W. CLINTON-
County Counsel
DLM:lvw
S9
LAW OKFIGE5 OF
CARLOS F NEORETE
ATTORNEY AT LAW FAX
27322 CALLS ARROYO, SUITE B (7141 4sa-6170
15AY JUAN CAPISTRANO, CALIFORNIA $2675.2768
TELEPHONE (7141 493-@)1S
March 6, 1990
City Council
CITY OF DIAMOND BAIL
21600 East Copley Drive
Suite 100
Diamond Bar, CA 91765
RE: Mayor Pro Tem PAUL V. HORCHER
Declaration of Vacancy of Office of Mayor Pro Ten
Violation of RALPH M. BROWN ACT
Notice of Demand for Correction pursuant to California
Government -.Code, Section 54960.1
Dear Honorable Mayor and Members of the City Council:
On February 6, 1990 an action was taken by the Diamond Bar
City Council declaring the office of the Mayor PrQ Tern vacant.
Said action (Agenda item 31) resulted in the removal of PAUL
V. HORCHER as Mayor Pro Tem of the City of Diamond Bar and
installed Council Member Gary H. Werner as Mayor Pro Tem.
This action was clearly taken in bold defiance of the RALPH
M. BROWN ACT (Government Code, Section 54950 et. seq.) in that the
contemplated action was not properly worded as an agenda item, and,
more importantly, the action was approved by secret session (s) of
the unaffected council members prior to the public meeting of the
council held on February 6, 1990.
The secret session was confirmed by Mayor Papen's statement
to the San Gabriel Valley Tribune published on Sunday, February 4,
1990, stating that:
"Let's say there was a consensus on this"
(prior to the vete) when referring to the
removal of Paul V. Horcher as Mayor Pro Tem.
The consensus referred to by Mayor Papen clearly suggests that
a secret meeting was held prior to the meeting of the Council.
Accordingly, Agenda item 31 is null and void. -
h1AR- 6-90 TUE 17 :45 7144938170 F. 0
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City Council
CITY OF nIAMONn BAR
March 6, 1990
Page Two
On behalf of my client, PAUL V. HORCHER, demand is hereby made
pursuant to California Government Code, Section 54960.1 that Agenda
item 31 (enacted on February 6, 1990) be rescinded, declared void
and that PAUL V. HORCHER be reinstated to the office of the Mayor
Pro Tem.
In the event that you fail to take the action requested, a
written explanation is also hereby demanded.
Very truly yours,
LAW OFFICE OF CARLOS F. NEGRETE
CARLOS F. NEGRETEr ESQ.
Attorney at Law
CFN/1p
cc: Mayor Pro Tem Paul V. Horcher
MAR- 6-90 TUE 17:43 i14493J170 P.03
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