HomeMy WebLinkAbout11/03/1992CITY COUNCIL
AGENDA
Mayor — Jahr C. lam
Mayor Pro Tem — Phyllis E. Papen
Councilman — John A. Forbing
Councilman — Gary H. Werner
Councilman — Gary G. Miller
City Council Chambers
are located at:
South Coast Air Quality Management District A uditonum
21865 East Copley Drive
MEETING DATE: November 3, 1992
MEETING TIME: closed Session - 5:00 p.m.
Regular Session - 6:00 p.m.
Terrence L. Belanger
City Manager
Andrew V. Arczynski
City Attorney
Lynda Burgess
City Clerk
The City of Diamond Bar uses RECYCLED paper and encourages you to do the same.
THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE
FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
Next Resolution No. 57
Next Ordinance No. 7
1. CLOSED SESSION: 5:00 P.M.
Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
2. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Kim
ROLL CALL: Councilmen Forbing, Miller, Werner,
Mayor Pro Tem Papen and Mayor Kim
3. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters 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
Council.
4. COUNCIL COMMENTS: Items raised by individual
Councilmembers are for Council discussion. Direction may be
given at this meeting or the item may be scheduled for action
at a future meeting.
5. CONSENT CALENDAR: The following items listed on the
Consent Calendar are considered routine and are approved by a
single motion.
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 Planning Commission - November 9, 1992 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.1.2 NOVEMBER 11, 1992 - VETERANS DAY OBSERVED -
CITY OFFICES CLOSED
5.1.3 Traffic & Transportation Commission - November
12, 1992 - 6:30 p.m., AQMD Hearing Room, 21865
E. Copley Dr.
5.1.4 City Council Meeting - November 17, 1992 -
6:00 p.m., AQMD Auditorium, 21865 E. Copley
Dr.
5.2 APPROVAL OF MINUTES -
5.2.1 Meeting of October 6, 1992
5.2.2 Meeting of October 20, 1992
5.3 WARRANT REGISTER - Approve Warrant Register Dated
November 3, 1992 in the amount of $417,419.85.
NOVEMBER 3, 1992 PAGE 2
5.4 TREASURER'S REPORT - Receive & file Treasurer's Report
for the Month of September, 1992.
5.5 PLANNING COMMISSION MINUTES -
5.5.1 Meeting of August 10, 1992 - Receive and file.
5.5.2 Meeting of September 28, 1992 - Receive and
file.
5.6 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of September 10, 1992 - Receive and file.
5.7 PARKS & RECREATION COMMISSION MINUTES - September 24,
1992 - Receive and file.
5.8 BOND EXONERATION: $4,000 GRADING SECURITY BOND FOR 23107
E. RIDGELINE RD. - The City received a request from Mr.
Hamendra Rana, owner of a single family residence at
23107 E. Ridgeline Rd., to release his $4,000 grading
security bond.
Recommended Action: Approve release of $4,000 grading
security bond retained for landscaping at 23107 E.
Ridgeline Rd.
5.9 AGREEMENT WITH LANTERMAN DEVELOPMENTAL CENTER FOR WEED/
LITTER ABATEMENT - Lanterman Developmental Center has
provided litter abatement services along 9.2 miles of
right-of-way in the City for the past two years. While
negotiating the addition of 1.6 miles to the program,
staff learned that Lanterman is also available for weed
abatement services. Total proposed annual cost for both
weed and litter abatement along 10.8 miles of right-of-
way is $16,483. Flexibility in the agreement would allow
"as needed" work to substitute for scheduled locations on
an emergency basis.
Recommended Action: Approve agreement for weed/litter
abatement services with Lanterman Development Center for
$16,483 and authorize the City Manager to sign the
agreement.
5.10 PARATRANSIT SERVICES FOR FISCAL YEAR 1992-93 - The City
would like to continue to provide paratransit and
dial -a -ride services for eligible elderly and persons
with disabilities in the City which is currently provided
and administered by L.A. County Department of Public
Works. To ensure continuation of these services, the
City needs to secure a paratransit services agreement
with L.A. County for Fiscal Year 1992-93.
Recommended Action: Approve the Paratransit Services
Agreement and direct the City Clerk to forward the
Agreements to L.A. County Department of Public Works for
further processing.
NOVEMBER 3, 1992 PAGE 3
5.11 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING "1 -HOUR PARKING,
7:00 A.M. - 3:00 P.M., SCHOOL DAYS ONLY" SIGNS ON VIENTO
VERANO DRIVE, EVERGREEN SPRINGS DRIVE AND CAZADERO PLACE
- The excessive usage of Viento Verano Dr., Evergreen
Springs Dr. and Cazadero P1. for parking by Diamond Bar
High School students has jeopardized safety/emergency
access and ability to receive services such as street
sweeping, mail and trash hauling. The Traffic &
Transportation Commission has recommended the instal-
lation of "1 -Hour Parking, 7:00 a.m. - 3:00 p.m., School
Days Only" signs on Viento Verano Dr., Evergreen Springs
Dr. and Cazadero P1.
Recommended Action: Adopt Resolution No. 92 -XX approving
installation of 1 -Hour Parking signs on Viento Verano
Dr., Evergreen Springs. Dr. and Cazadero P1.
5.12 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING "NO PARKING,
12:00 P.M. - 6:00 P.M., MONDAY - FRIDAY, EXCEPT BY
PERMIT" SIGNS ON FOUNTAIN SPRINGS ROAD AT DIAMOND BAR
BOULEVARD - Nucon Intl., Inc., involved in remediation of
contaminated soil project with Chevron, has requested the
City to restrict parking on the south side of Fountain
Springs Rd., 50 ft. from the curb return at the
intersection of Diamond Bar Blvd. and Fountain Springs
Rd. The remediation project will take approximately two
years to complete, during which time service trucks will
need to be parked at said location on a regular basis
between the hours of 12:00 p.m. and 6:00 p.m.
Recommended Action: Adopt Resolution No. 92 -XX
establishing "No Parking, 12:00 p.m. - 6:00 p.m.,
Monday -Friday, except by Permit" signs on Fountain
Springs Rd. at Diamond Bar Blvd.
5.13 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR CONSENTING TO THE REMOVAL OF
EXISTING "NO PARKING, 6:00 A.M. - 8:00 A.M., MONDAY -
FRIDAY" SIGNS AND ESTABLISHING "2 -HOUR PARKING, 8:00 A.M.
- 5:00 P.M., MONDAY -FRIDAY" SIGNS ON FALLOWFIELD DRIVE
AND PASCO COURT - On August 27, 1992, the City installed
"No Parking, 6:00 a.m.-8:00 a.m., Monday -Friday" signs on
both sides of Fallowfield Dr. and Pasco Ct., with the
exception of the First Mortgage Company's northerly lot
frontage along Fallowfield Dr. This action has
alleviated some of the impact the residential streets
have experienced due to excessive street parking.
Pursuant to the Traffic & Transportation Commission's
request, staff observed and sought comments from
residents in regard to the effectiveness of these signs.
To address the residents' concerns, the Commission
recommends the amendment of the existing signage by
removing said signs and installing "2 -Hour Parking, 8:00
NOVEMBER 3, 1992
PAGE 4
a.m. - 5:00 p.m., Monday -Friday" signs on Fallowfield Dr.
and Pasco Ct.
Recommended Action: Adopt Resolution No. 92 -XX approving
removal of existing "No Parking, 6:00 a.m. - 8:00 a.m.,
Monday -Friday" signs and the installation of "2 -Hour
Parking, 8:00 a.m. - 5:00 p.m., Monday -Friday" signs on
Fallowfield Dr. and Pasco Ct.
5.14 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING A "RIGHT -TURN"
LANE AND PAINTEDlSTRIPED ISLAND ON PROSPECTORS ROAD AT
FALL CREEK CONDOMINIUMS - Due to visibility restrictions
on Prospectors Rd. at the Fall Creek Condominiums,
improvements are recommended. On October 8, 1992, the
Traffic and Transportation Commission approved a signing
and striping plan and recommends approval of said plan.
Recommended Action: Adopt Resolution No. 92 -XX
implementing certain signing and striping changes along
Prospectors Rd.
5.15 AGRICULTURAL ZONING DESIGNATION - REPORT ON ACTION TAKEN
FOLLOWING ADOPTION OF ORDINANCE NO. 5(1992) - Ordinance
No. 5 (1992) is an interim ordinance enacted to bring the
Agricultural Zone land uses into conformance with the
General Plan agricultural classification. Pursuant to
California Government Code Section 65858(d), a Report on
Actions Taken Following Adoption of Ordinance No. 5
(1992) is required at least ten (10) days prior to the
expiration date or any extension of the interim
ordinance. The interim ordinance will expire on November
20, 1992 unless extended. A public hearing to consider
an extension is scheduled for November 17, 1992.
Recommended Action: Receive and file Report on Action
Taken Pursuant to Government Code Section 65858(d).
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 PROCLAIMING NOVEMBER 19, 1992 AS "GREAT AMERICAN
SMOKEOUT" DAY.
7. OLD BUSINESS:
7.1 ORDINANCE NO. 6 (1992): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR REPEALING SECTION 22.28.230 OF
PART 6 OF CHAPTER 22.28 OF TITLE 22 AND ADOPTING AMENDED
SECTION 22.28.230, AND MAKING FINDINGS IN SUPPORT THEREOF
- Consideration of Second Reading and adoption. First
Reading held October 20, 1992.
Recommended Action: Approve for 2nd reading by title
only and adopt Ordinance No. 6 (1992) repealing Section
22.28.230 of Part 6 of Chapter 22.28 of Title 22 and
NOVEMBER 3, 1992 PAGE 5
adopting amended Section 22.28.230.
7.2 MUNICIPAL SOLID WASTE COLLECTION DISPOSAL & RECYCLING
CONTRACT - The Solid Waste Subcommittee concluded
negotiations with Western Waste Industries and instructed
staff to prepare a franchise agreement. Some principal
features of the agreement include 1) provision of two
options for collection of refuse and recyclable materials
from single family residences; 2) the ability to
negotiate special collection services and fees with
multi -family residential customers (i.e. homeowner
associations); 3) City authority to control rates and
establish customer service and performance standards; 4)
discounts to senior citizens and special collection
services for the physically disabled; 5) guaranteed
disposal capacity for all solid waste generated within
the City for the length of the contract and 6) insured
compliance with AB939 and City indemnification against
all fines or penalties imposed by the California
Integrated Waste Management Board in the event that waste
diversion goals are not met.
Recommended Action: Based on the Subcommittee's
findings, it is recommended that the City Council
consider one of the following options and direct staff as
necessary: Option I:
a) Select a contract term from one of the following
alternatives:
1. Five-year term, no extension provision.
2. Six-year term with a one-year, six month
discontinuance period.
3. Five years, with automatic one-year renewals,
unless terminated by either party (Evergreen).
b) Approve the type and level of franchise fee that
Western Waste will remit to the City.
C) Incorporate the selected length of term and
franchise fee provisions into the attached
franchise agreement.
d) Approve and authorize the Mayor to execute an
agreement between the City and Western Waste
Industries granting the exclusive right and
privilege to arrange for the collection,
transportation, recycling, composting and disposal
of solid waste, recyclable and compostable material
generated within City boundaries; OR
Option II:
The City Council should: 1) terminate the current
selection process and 2) direct staff to prepare a
bid package, with specifications, for the purpose
of soliciting qualified contractors of solid waste
collection, disposal and recycling services.
NOVEMBER 3, 1992 PAGE 6
8. NEW BUSINESS:
8.1 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING A "RIGHT -TURN"
LANE ON DIAMOND BAR BOULEVARD AND RELOCATION OF A STOP
BAR ON FOUNTAIN SPRINGS ROAD - The Traffic and
Transportation Commission has discussed visibility
restrictions motorists may be experiencing when
attempting to exit out of Fountain Springs Rd. on to
Diamond Bar Blvd. In addition to red curbing the north
side of Fountain Springs Rd., the Commission recommends
the installation of a "Right Turn Only" lane on
southbound Diamond Bar Blvd. at Fountain Springs Rd. In
association with the above, it is also recommended that
the current stop bar on Fountain Springs Rd. be relocated
5 feet.
Recommended Action: Adopt Resolution No. 92 -XX
establishing a "Right -Turn Only" Lane on Diamond Bar
Blvd. and relocation of a stop bar on Fountain Springs
Rd.
9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
9.1 ZONING CODE AMENDMENT NO. 92-2; CONSIDERATION OF A
HILLSIDE MANAGEMENT ORDINANCE (HMO) TO ESTABLISH
PERMANENT STANDARDS FOR HILLSIDE DEVELOPMENT -
Implementation of the General Plan and the expiration of
the Interim Hillside Management Ordinance (Ordinance No.
14-B(1990) create the necessity to establish permanent
standards for hillside development. The intent of Zoning
Code Amendment No. 92-2 is to revise existing standards
for hillside development.
Recommended Action: Continue the Public Hearing on ZCA
92-2 to November 17, 1992 in order to provide Council an
opportunity to review the recommended Ordinance.
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Closed Session at
5:00 p.m. and a Regular Meeting at the South Coast Air Quality
Management District Auditorium, located at 21865 E. Copley Dr.,
Diamond Bar, California at 6:00 p.m. on Tuesday, November 3,
1992.
Items for consideration are listed on the attached agenda.
I, LYNDA BURGESS, declare as follows:
I am the City Clerk in the City of Diamond Bar; that a copy
of the Notice for the Regular Meeting of the Diamond Bar City
Council, to be held on November 3, 1992 was posted at their
proper locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this 30th day of
October, 1992, at Diamond Bar, California.
/s/ Lynda Burgess
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY OF DIAMOND PAID
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 29, 1992
FROM: James DeStefano, Community Development Director
TITLE: Zoning Code Amendment No. 92-2; Consideration of a Hillside Management Ordinance (HMO) to
establish permanent standards for hillside development.
SUMMARY: Implementation of the General Plan and the expiration of the Interim Hillside Management
Ordinance [Ordinance No. 14-B(1990J create the necessity to establish permanent standards for hillside
development. The intent of Zoning Code Amendment No. 92-2 is to revise the existing standards for hillside
development. The Interim Ordinance was drawn from the experiences of other hillside communities and has
been utilized by the Diamond Bar development community for two years. The revised format of the proposed
ordinance reflects a staff desire to improve the community's understanding and use of the provisions contained
therein. Content changes from the Interim Ordinance are in *!10 to identify new material, and atrikeeut to
identify deletions. The Planning Commission concluded its public review of the ordinance on October 26, 1992
and recommends adoption.
RECOMMENDATION: Staff recommends that the City Council continue the public hearing on ZCA 92-2 to
the meeting of November 17, 1992 in order to provide the City Council an opportunity to review the
recommended ordinance.
LIST OF ATTACHMENTS: + Staff Report
_ Resolution(s)
X Ordinances(s)
_ Agreement(s)
X Other
Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
EXTERNAL DISTRIBUTION: NOTE: Copies of the Draft Ordinance are available for public review at City
Hall
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
X Yes — No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
MAJORITY
3. Has environmental impact been assessed?
X Yes —No
4. Has the report been reviewed by a Commission?
X Yes _ No
Which Commission?
Planning Commission
5. Are other departments affected by the report?
X Yes _ No
Report discussed with the following affected departments:
Engineering, Building & Safety
R IEWED BY
It V
<A -
Terrence L. Belangeres DeStefano
City Manager Community Develop ent Director
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TO: C'TTY MANAGER MR.BE[,ANG1i.R
TO, CITY CLERK. MRS. BURG ESS
FP! 1M : MP. AL RUMPI iIA
TURNED IN A PETITION IN 1990 THAT READ "PETITION T0,
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DIAMOND BAR." WF HAD 60 RE.51'7F'NT'!� (15' DIAMOND BAR THAT SIGNED THE
PETITION. T DO NOT WANT 'T_'H [ `i ('rattnj(" I L TO PORGFT THI S FACT!
AL, r ALL ()F THE TRAt'H i',-)MPANIES HAVE TURNS:!) IN THFIR CrWN
TYPE r7F 1-IF7,7Tr,In V�1_,ATHAT�7,54
Rx-SIDENTIAT THAT THF. -IT-;;--' t TT Ff: SHr'W THAT 90%
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ENTERPRI S7 ANF FuEEr;(`m OF
I WANT 'PH t L:E'E"C '6 TO f+H: N`P RED INTO THE MINUTES OF THIS
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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ADDRESS: PHONE:%
ORGANIZATION:
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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ADDRESS: PHONE:
ORGANIZATION:
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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name and address as written above.
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MINUTES Or THs c==r cvvnq�;u
DRAFT
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 6, 1992
1. CLOSED SESSION: 5:00 P.M.
Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
No reportable action taken.
2. CALL TO ORDER: M/Kim called the regular meeting to
order at 6:05 p.m.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by M/Kim.
ROLL CALL: Mayor Kim, Mayor Pro Tem Papen,
Councilmen Forbing and Miller. Councilmen Werner was absent
(excused).
Also present were Terrence L. Belanger, City Manager; Andrew
V. Arczynski, City Attorney; George Wentz, Interim City
Engineer; James DeStefano, Community Development Director; Bob
Rose, Community Services Director; and Lynda Burgess, City
Clerk.
3. PUBLIC COMMENTS: None offered.
4. COUNCIL COMMENTS: C/Miller, in response to a letter
received from Mr. Al Rumpilla addressing a comment made by
C/Miller several years ago regarding the requirement for the
public to pay for excessive number of copies for City items,
explained that his comment was not intended to imply that he
thought Mr. Rumpilla would take anything out of City Hall
without permission.
MPT/Papen, regarding an article in the "Gazette" on September
19th which stated that one of the Councilmen had initiated a
tax initiative, pointed out that the article was incorrect.
She announced that AB181 which would limit cities' liability
for disposal of household waste, was vetoed by the Governor
and requested that M/Kim fax a letter to all Assemblymen and
Senators urging them to support Assemblywoman Tanner's efforts
in overriding the veto. She also requested that, in view of
SB1559, staff consider asking LAFCO to make D.B.'s Sphere of
Influence contiguous with current City boundaries.
5. CONSENT CALENDAR: M/Kim requested that item 5.9 be
withdrawn from the Consent Calendar.
C/Miller moved, seconded by C/Forbing to approve items 5.1
through 5.9 and 5.10 of the Consent Calendar. By the
following Roll Call vote, motion carried (MPT/Papen abstained
from voting on approval of Council Minutes of August 25,
1992):
AYES: COUNCILMEN: Forbing, Miller, MPT/Papen, M/Kim
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Werner
OCTOBER 6, 1992 PAGE 2
5.1
SCHEDULE
OF FUTURE EVENTS:
5.1.1
Traffic & Transportation Commission - October
8, 1992 - 6:30 p.m., AQMD Hearing Room, 21865
E. Copley Dr.
5.1.2
Planning Commission - October 12, 1992 - 7:00
5.1.3
P.M., AQMD Auditorium, 21865 E. Copley Dr.
City Council Meeting - October
20. 1992 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2
APPROVAL
OF MINUTES -
5.2.1
Regular Meeting of August 18, 1992 - Approved
as submitted.
5.2.1
Adjourned Regular Meeting of August 25, 1992 -
Approved as submitted (MPT/Papen abstained)
5.3
WARRANT REGISTER - Adopted the following Minute Order
entitled:
Warrant Register - October 6, 1992 in the
amount of
$721,034.86.
5.4
TRAFFIC &
TRANSPORTATION COMMISSION MINUTES - Received
and filed
Minutes of Regular Meeting of August 13, 1992.
5.5
PARKS & RECREATION COMMISSION MINUTES -
5.5.1
Meeting of July 23, 1992 - Received & filed.
5.5.2
5.5.3
Meeting of August 27, 1992 - Received & filed.
Meeting of September 10, 1992 - Received &
filed.
5.6 CLAIM FOR DAMAGES - Filed by Bruce Wallace September 1,
1992 - Rejected request and referred matter for further
action to Carl Warren & Co., the City's Risk Manager.
5.7 NOTICE OF COMPLETION - Adopted the following Minute Order
entitled: Golden Springs/Sylvan Glen Drainage System,
Notice of Completion. Accepted work performed by Excel
Paving Company in the amount of $29,956.50 completed
August 19, 1992 and authorized City Clerk to file Notice
Of Completion.
5.8 LOT LINE ADJUSTMENT - Adopted the following Minute Order
entitled: Lot Line Adjustment, Parcels 10 & 11, Parcel
Map 18722, 2747 Diamond Bar Blvd - Approved Adjustment
for construction of a SpeeDee Oil Change and Tune-up,
authorized the Interim City Engineer to sign the amended
map and directed City Clerk to process the adjustment for
recordation.
5.10 BOND RELEASE FOR SURVEY MONUMENTS - Adopted the following
Minute Order entitled: Tract 47722, release of $10,000
bond, survey monuments. Approved release of subdivision
bond for Diamond Knoll project by Piermarini related to
setting of survey monuments.
OCTOBER 6, 1992 PAGE 3
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
5.9 LOT LINE ADJUSTMENT - Adopted the following Minute Order
entitled: Lot Line Adjustment, Parcel 1 of Map 15375 and
Parcel 1 of Map 2151, 3302 S. Diamond Bar Blvd.
Motion by C/Miller, seconded by C/Forbing to approve Lot
Line Adjustment for construction of an Arco AM/PM Mini -
Mart, authorized the Interim City Engineer to sign the
map and directed City Clerk to process the adjustment for
recordation.
AYES:
COUNCILMEN
- Forbing, Miller, MPT/Papen
NOES:
COUNCILMEN
- None
ABSENT:
COUNCILMEN
- Werner
ABSTAIN:
COUNCILMEN -
M/Kim
6. SPECIAL PRESENTATIONS, CERTIFICATES, ETC:
6.1 Proclaimed October 1992 as "Escrow Month" - Presented by
MPT/Papen.
6.2 Proclaimed October 16-18, 1992 as "Anniversary of World
Summit For Children" - Presented by C/Miller.
7. OLD BUSINESS:
7.1 SEWER FEASIBILITY STUDY FOR "THE COUNTRY" - Following a
report given by ICE/Wentz, C/Miller requested: 1) that
the introduction of the report be changed to give the
proper description of the acreage in "The Country"; 2)
that staff investigate if the meeting could be held in
the Board Room in "The Country"; 3) that staff prepare a
report presenting the main differences between alterna-
tives 2 and 3.
It was moved by C/Miller, seconded by MPT/Papen, to
direct staff to attempt the petition process, conduct a
community workshop, accept the feasibility study, and to
bring the issue back to Council at the first available
date. Motion carried by the following Roll Call vote:
AYES: COUNCILMEN - Forbing, Miller, MPT/Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - Werner
7.2 RESOLUTION NO. 92-55: AUTHORIZING PAYMENT OF A REWARD FOR
INFORMATION LEADING TO THE CONVICTION OF GRAFFITI
INSCRIBERS.
Red Calkins, 240 Eagle Nest Dr., expressed support for
adoption of this resolution.
OCTOBER 6, 1992 PAGE 4
It was moved by C/Miller, seconded by C/Forbing to adopt
Resolution 92-55. Motion carried by the following Roll
Call vote:
AYES: COUNCILMEN - Miller, Forbing, MPT/Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - Werner
C/Miller requested that staff notify schools of the
reward program with a suggestion that notice be published
in their newsletters as well as the next City newsletter.
7.3 REHABILITATION OF GRAND AVE. FROM THE EASTERLY CITY LIMIT
TO GOLDEN SPRINGS DR.
MPT/Papen announced that the project is being funded
through the settlement with San Bernardino County
regarding Grand Ave.
It was moved by C/Forbing and seconded by C/Miller to
award a design services contract to Dwight French &
Associates in an amount not to exceed $45,700.00 plus a
contingency fund of $5,000 dollars. By the following
Roll Call vote, motion carried:
AYES: COUNCILMEN - Forbing, Miller, MPT/Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - Werner
7.4 AWARD OF CONTRACT FOR CONSTRUCTION OF HERITAGE PARK
COMMUNITY CENTER -
Following discussion, it was moved by C/Forbing, seconded
by C/Miller to consider Clayton Engineering the lowest
responsible bidder and award a contract for construction
of the Heritage Park Community Building to Clayton
Engineering the amount of $657,400 dollars. Motion
carried by the following Roll Call vote:
AYES: COUNCILMEN - Miller, Forbing, MPT/Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - Werner
8. NEW BUSINESS:
8.1 INTERIM ORDINANCE NO. 5 (1992): ADOPTING AN INTERIM
ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF CALIFORNIA
GOVERNMENT CODE 65858 (A) -
M/Kim stated that he had received a letter from Max
Maxwell requesting continuance of agenda items 8.1 and
9.2.
OCTOBER 6, 1992 PAGE 5
Max Maxwell stated that, because he has not had a
sufficient amount of time to review the Interim
Ordinance, and because there is a lawsuit pending on
November 2, 1992 regarding the Referendum and a request
for a temporary restraining order on major developments
in the City, these items should be removed from the
agenda.
CA/Arczynski stated that the litigation filed included an
ex -party application for a temporary restraining order to
stop the City from issuing any building permits under the
new General Plan for any purpose. It does not address
only major developments but all building permits under
the new General Plan, approved by Resolution 92-44.
Furthermore, there is no hearing scheduled for November
2, 1992 at this time.
Following discussion, the City Council concurred that,
since the Interim Ordinance is more restrictive, there is
no reason to delay action on this item.
On motion made by C/Miller, seconded by MPT/Papen,
Interim Ordinance No. 5(1992) entitled: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AN
INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS
IN SUPPORT THEREOF was adopted. By the following Roll
Call vote, motion carried:
AYES: COUNCILMEN - Forbing, Miller, MPT/Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - Werner
9. PUBLIC HEARING:
9.1 ZONING CODE AMENDMENT 92-2 (HILLSIDE MANAGEMENT ORDINANCE
(HMO), ORD. NO. 14, 1991) AND ZONING CODE AMENDMENT 92-3
(COMMERCIAL -MANUFACTURING (CM) ZONE, ORD. NO. 15, 1992) -
CM/Belanger reported that, because revisions to the draft
ordinances are scheduled for Planning Commission Public
Hearing on October 12, 1992, these Ordinances are not
ready for City Council's Public Hearing. He recommended
that the scheduled Public Hearing on these matters be
continued to October 20, 1992, at 7:00 p.m.
Max Maxwell stated that the public is not receiving
information on upcoming items in a timely manner to allow
adequate time for review before the City Council meeting.
By consensus, the City Council agreed to continue these
matters to October 20, 1992.
OCTOBER 6, 1992 PAGE 6
10. ANNOUNCEMENTS: MPT/Papen requested that the public be
informed as to the outcome of SB1718.
CM/Belanger stated that the Governor had signed SB1718, which
will provide the Pomona Unified School District, through
operation of law, a school site, to be located in the northern
portion of the Tres Hermanos Ranch, for the proposed high
school.
11. ADJOURNMENT:
With no further business to conduct, M/Kim adjourned the
meeting at 7:20 p.m.
Attest:
Mayor
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY CnTTme-Tr. DRAFT
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 20, 1992
1. CLOSED SESSION: Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
No reportable action taken.
2. CALL TO ORDER: M/Kim called the meeting to order at
6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond
Bar, California.
PLEDGE OF ALLEGIANCE: M/Kim led the audience in the Pledge
of Allegiance.
ROLL CALL: Mayor Kim, Mayor Pro Tem Papen,
Councilmen Forbing, Miller and Werner.
Also present were: Terrence L. Belanger, City Manager; Andrew
V. Arczynski, City Attorney; James DeStefano, Community
Development Director; George Wentz, Interim City Engineer; Bob
Rose, Community Services Director and Lynda Burgess, City
Clerk.
3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr.,
commented that all individuals should show respect for the
American Flag by standing at attention during the Pledge of
Allegiance rather than rushing the podium to congratulate
someone on a new appointment or election to office.
Don Schad, 1824 Shaded Wood Rd., expressed concern that
heritage trees within the utility area at Heritage Park will
be removed to provide additional parking when the Community
Center is constructed.
CM/Belanger explained that additional parking had once been
discussed for the area referred to by Mr. Schad but that it
was not approved and is not part of the current plans.
William Gross, 21637 High Bluff Rd., representing Diamond Bar
Citizens for Country Living, stated that the reason for the
lawsuit against the City was to force the City to meet with
the citizens in good faith and to accept the Referendum
petitions. He accused the City Council of acting erroneously,
misleading citizens and businesses and of making false
accusations against good citizens.
CM/Belanger confirmed that a lawsuit had been filed. He
stated that the court will determine the correctness of the
City Clerk's action.
William Tinsman, 1014 Capen Avenue, requested that the
following article published by the Highlander Newspapers on
October 7, 1992 be read into the record:
"It looks as though the General Plan referendum proponents
were correct, City officials have been lying to residents all
along.
OCTOBER 20, 1992 PAGE 2
'The lies have been numerous, causing harm to builders and
residents while city employees tried to look for a way around
the law. Now that the referendum has been defeated at the
hands of the city clerk only a handful of people will be
allowed to know for sure why it didn't succeed.
'As it turns out, the city never had any intentions of
allowing the referendum to become eligible for a special
election. City Clerk Lynda Burgess noted at least four
insufficiencies in the referendum documents.
'These insufficiencies are on the same documents that she
certified as being sufficient to warrant the Los Angeles
County Registrar's office to count signatures for a month.
'If Burgess had noted the supposed legal errors in the
documents she could have simply killed the referendum and
construction within the city could have continued as normal.
Instead the city tried to duck the issue and hoped the
registrar's office didn't find enough valid signatures. There
were enough signatures, so the city had to disqualify the
referendum itself.
'City Council members have stated that if it is the will of
the people they will let them decide with a vote. Apparently
they didn't really mean that.
'Burgess also determined that a single letter from a resident
accusing Max Maxwell of improper signature gathering, without
having any tangible proof, made 833 signatures gathered by
Maxwell ineligible. It appears that Diamond Bar's city
government can act as judge and jury on an alleged case of
perjury as well.
'The letter that Kim Peace wrote was not shown to four of the
referendum's main proponents and her identity kept a secret.
Burgess refused to release the letter until calls from this
paper to the city attorney resolved the dispute.
'After releasing the letter, Burgess accused the paper of
"taking your job too seriously" in trying to inform the public
about information that is being illegally kept from them and
would not have been released otherwise.
'The city has repeatedly taken the position that the less the
public knows, the better for their political futures.
'If Diamond Bar residents wanted to be ignored and left in the
dark they could have remained in the county. Instead of
twisting legalese to fit its need, the city should do its work
in the open."
Lydia Plunk, on behalf of the Diamond Bar/Walnut Valley
Women's Republican Club, invited the Council to their
candidates' forum on October 26, 1992 at the AQMD. She
OCTOBER 20, 1992
PAGE 3
further expressed dismay with persons "impugning the
integrity" of the City Clerk.
Max Maxwell requested that item 5.7, Approval of Tract Map
31977, be removed from the Consent Calendar for discussion.
4. COUNCIL COMMENTS: C/Werner noted that the court ruling
granted the City permission to continue to conduct business as
usual, with the exception of a few areas of interest, such as
vesting tentative maps.
MPT/Papen stated that, because there was a lawsuit pending and
City Council members cannot discuss the issues, public
comments should address issues of concern, not attack
individual Councilmembers.
5. CONSENT CALENDAR: Following discussion, MPT/Papen
requested consensus to add a clause to the recommended action
for item 5.7 directing that no lots be sold until the
Conditions, Covenants and Restrictions (CC&R's) are recorded.
The remaining Councilmembers agreed to this amendment.
It was moved by C/Forbing, seconded by C/Werner to approve the
Consent Calendar as amended. Motion carried unanimously by
the following Roll Call vote:
AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen,
M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 Parks & Recreation Commission - October 22,
1992 - 6:30 p.m., AQMD Hearing Room, 21865 E.,
Copley Dr.
5.1.2 Planning Commission - October 26, 1992 - 7:00
p.m., 7:00 p.m., Auditorium, 21865 E. Copley
Dr.
5.1.3 City Council Meeting - November 3, 1992 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES -
5.2.1 Meeting of September 1, 1992 - Approved as
submitted.
5.2.2 Meeting of September 15, 1992 - Approved as
submitted.
5.3 WARRANT REGISTER - Approved Warrant Register dated
October 20, 1992 in the amount of $281,178.42.
5.4 TREASURER'S REPORT - Received and filed Treasurer's
Report for month of August, 1992.
OCTOBER 20, 1992
mg
PAGE 4
5.5 BOND EXONERATIONS:
5.5.1 PRIVATE DRAIN NO. 2145, TRACT 42564 -
Exonerated bond posted by Bramalea California,
Inc. for Storm Drain No. 2145, Tract 42564
(Leyland Drive) in the amount of $120,000 and
directed City Clerk to notify principals.
5.5.2 PRIVATE DRAIN NO. 1862, TRACT 31850 -
Exonerated bond posted by Bramalea California,
Inc. for Storm Drain No. 1862, Tract 31850 in
the amount of $230,000 and directed City Clerk
to notify principals.
5.6 REDUCTION OF GRADING SECURITY BOND NO. 04000588679 -
Approved reduction of Grading Security Bond No.
04000588679 posted by Hamendra Rana for 23107 E.
Ridgeline Rd. in the amount of $15,920, leaving a
remainder of $4,000.
5.7 APPROVAL OF TRACT MAP 31977 LOCATED GENERALLY ALONG
HIGHCREST DR. AND GOLDRUSH DR. - Project involves
construction of 22 residences with lots ranging in size
from 20,000 sq. ft. to 109,734 sq. ft. submitted for
final tract map approval.
Adopted the following Minute Order entitled: Approval of
Tract Map 31977 Located Generally Along Highcrest Dr. &
Goldrush Dr. - Approved Tract Map No. 31977 and directed
staff to stipulate that no lots are to be sold until the
CC&Rs are recorded; authorized Mayor to execute the
Subdivision Agreement; authorized Interim City Engineer
to sign the map and directed City Clerk to process the
map for recordation.
5.8 RESOLUTION NO. 92-56: A RESOLUTION GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER
OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY
LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT
NUMBER 96-62 - Authorized granting consent and
jurisdiction to County re Lighting Maintenance District
10006 and Lighting District LLA -1 for City Project No.
96-62.
SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 PROCLAIMING OCTOBER 26 THROUGH 30, 1992 AS RED RIBBON
WEEK - M/Kim presented a Proclamation to Cathy Goodson
and Shelley Faeder, Co -Chairpersons of Evergreen
Community Club and Al Stone, Evergreen Elementary School
Principal.
7. OLD BUSINESS:
7.1 VESTING TENTATIVE TRACT MAP NO. 47850 - Diamond Bar
Assoc. requested approval of Vesting Tentative Tract Map
OCTOBER 20, 1992 PAGE 5
No. 47850 to construct a residential subdivision of 73
acres on Steeplechase Ln. which is within SEA No. 15.
In April 1992, the applicant agreed to provide additional
soils and geotechnical information for further Council
review by October 31, 1992. Additional clarification of
the new geotechnical information was requested by staff
and the applicant requested an extension of time for this
matter to November 17, 1992.
Following discussion, it was agreed that this matter be
continued to November 17, 1992.
8. NEW BUSINESS:
8.1 POLICY FOR FUNDING TRAFFIC SIGNALS AT PRIVATE AND PUBLIC
STREET INTERSECTIONS - Through the Traffic &
Transportation Commission, the City identified private
and public street intersections that may be candidates
for traffic signals. The Commission prepared a proposed
criteria to be utilized in determining responsibility for
costs for installation of traffic signals and recommended
establishment of guidelines for determination of funding
responsibility by various parties benefiting from
public/private street signals.
In response to questions by C/Werner, ICE/Wentz stated
that the Commission's intent was to have consistency in
how to deal with these instances in the future. He
further stated that the City would be responsible for
on-going maintenance of said signals.
MPT/Papen recalled that traffic rules are currently in
effect imposed by AQMD and LACTC for traffic mitigation
and expressed concern in attributing 100% of the cost to
a developer when there might be other property owners,
further back on the same street, from which the City has
collected mitigation funds.
ICE/Wentz explained that when a traffic evaluation or
analysis is conducted, other properties that could
potentially impact are also analyzed to determine the
longer term impact on future signals. Conditions of
approval are currently placed on tracts to require
proportionate participation for any signal that may be
warranted in the future. He indicated that language
could be added to both recommended actions 1 and 3 to
clarify that staff recommends a cost -share approach.
C/Miller concurred with adding language to #1 but not to
#3 due to avoid the possibility of discriminating against
various taxpayer groups.
C/Werner stated that the policy should be rewritten in
the form of a policy statement to clearly indicate a
process to be followed and that it is not binding. He
OCTOBER 20, 1992
PAGE 6
suggested that the matter be continued to the next
meeting.
CM/Belanger explained that the matter is before the
Council because the Traffic & Transportation and Parks &
Recreation Commission have no authority to create and
implement policy without approval of the Council.
It was moved by C/Miller, seconded by C/Werner to
continue this matter to November 3, 1992. Motion carried
unanimously by the following Roll Call vote:
AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8.2 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN
BRAMALEA CALIFORNIA, INC. AND THE CITY OF DIAMOND BAR -
Bramalea California, Inc. and the City concluded nego-
tiations for a non-binding agreement in the form of a
Memorandum of Understanding (MOU). The MOU sets forth
rights and duties related to development of approximately
110-135 single-family detached homes on approximately 70
acres east of Diamond Bar Blvd. and east of the Tin Dr.
intersection.
Mark Perrin, Project Manager, Bramalea California, Inc.,
Newport Beach explained that his firm proposes to donate
approximately 350 acres of open space to the City to
include acreage set aside for construction of regional
water facilities by Walnut Valley Water District.
Bramalea will install a traffic signal at Diamond Bar
Blvd. and Tin Dr. and will grade a 1.2 acre pad at the
southeast corner of Diamond Bar Blvd. and Goldrush Dr.
for future public facilities. The City allow Bramalea to
develop 110-135 single family, detached homes which will
down -zone the project from 2DU/1 acre to an overall
density of 1DU/3.1 acres. The agreement will allow the
City to control the open space, improve traffic
circulation and obtain a 1.2 acre pad for a public
facility.
Max Maxwell asked about the existence of a plan to
construct 915 homes.
CM/Belanger stated that, with current density of one unit
per 20,000 square feet, approximately 915 homes could be
constructed in the area. However, the proposed
development is for one eighth of that or approximately
110 units. He further explained that in order for such
a development to occur, a tentative map and development
agreement would have to be processed as well as an EIR
prepared to cover the project and land transfers.
OCTOBER 20, 1992
PAGE 7
William Gross stated that, based on current information,
this appears to be the type of project the City should be
working toward approving.
In response to Clair Harmony's inquiry, CDD/DeStefano
indicated that the density for the development itself
will be approximately three units per acre which is
proposed to be similar to those previously built by
Bramalea in the City.
Also in response to Mr. Harmony's inquiry, CM/Belanger
stated that the blue line stream in the bottom of upper
Sycamore Canyon will not be affected by the development.
In response to C/Werner's question, CA/Arczynski stated
that the MOU is in proper conformance with Ordinance No.
4(1992).
Adopted the following Minute Order entitled: MEMORANDUM
OF UNDERSTANDING WITH BRAMALEA CALIFORNIA, INC. - It was
moved by C/Miller, seconded by C/Werner to approve the
Memorandum of Understanding (MOU) between Bramalea
California, Inc. and the City. By the following Roll
Call vote, motion carried unanimously.
AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
RECESS: M/Kim recessed the meeting at 7:45 p.m.
RECONVENE: M/Kim reconvened the meeting at 7:55 p.m.
9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
9.1 ZONING CODE AMENDMENT NO. 92-2: CONSIDERATION OF A
HILLSIDE MANAGEMENT ORDINANCE (HMO) TO ESTABLISH
PERMANENT STANDARDS FOR HILLSIDE DEVELOPMENT - CM/
Belanger reported that the Planning Commission had
continued their discussion of the proposed Ordinance to
October 26, 1992 and, therefore, it was recommended that
the City Council continue the Public Hearing to November
3, 1992.
Council concurred to continue this matter to November 3,
1992.
9.2 ORDINANCE NO. 6(1992): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.28 OF THE
LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED,
PERTAINING TO PERMITTED AND CONDITIONALLY PERMITTED LAND
USES WITHIN THE C -M, COMMERCIAL MANUFACTURING ZONE - CDD/
DeStefano reported that adoption of the General Plan and
OCTOBER 20, 1992 PAGE 8
pending expiration of the Interim Commercial
Manufacturing Ordinance establishes the need to revise
the existing permitted and conditionally -permitted land
uses within the five acres zoned C -M.
C/Werner requested that Subsection A be amended to read
"The following commercial uses 'within an enclosed
building"' and stated that several uses within the
permitted uses may really need to be within
conditionally -permitted uses.
CDD/DeStefano stated that the County Code does not
require a CUP for alcohol sales; it was not the Planning
Commission's nor staff's intent to turn the C -M Zone into
an industrial zone; the properties now zoned C -M based on
the General Plan will receive a new commercial
designation; the County Code does not distinguish between
on-site and off-site alcohol consumption and all sale of
alcohol is permitted by right. However, cabarets, bars or
cocktail lounges are only limited when capacity of 200
persons is exceeded.
M/Kim declared the Public Hearing open.
There being no offers to speak, M/Kim closed the Public
Hearing.
It was moved by C/Forbing, seconded by C/Miller to
approve for first reading by title only Ordinance No. 6
1992, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR REPEALING SECTION 22.28.230 OF PART
SIX OF CHAPTER 22.28 OF TITLE 22 AND ADOPTING AMENDED
SECTION 22.28.230 AND MAKING FINDINGS IN SUPPORT THEREOF.
CA/Arczynski pointed out that dates included within
Paragraph ii of the Ordinance should be changed to
October 16, 1990 and November 13, 1990.
C/Werner suggested that the motion be modified to amend
Subsection A to include "within an enclosed building" and
to relocate all alcohol-related used to the portion
requiring a conditional use permit.
It was moved by C/Forbing, seconded by C/Miller to amend
their prior motion as suggested by C/Werner. Motion
carried unanimously. In regard to approval of First
Reading of Ordinance No. 6 (1992), motion carried by the
following Roll Call vote:
AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
OCTOBER 20, 1992 PAGE 9
10. ANNOUNCEMENTS: MPT/Papen suggested that the Council
ask the Planning Commission to appoint two of their members to
participate in discussion with the Council sub -committee on
vacant land as the need arises. Following discussion, the
matter was tabled.
CM/Belanger announced that Troy Butzlaff, Assistant to the
City Manager, had volunteered to attend Water District
meetings on behalf of the Council representative.
CM/Belanger also announced that Southern California Edison had
offered the City the use of their electric -powered shuttle bus
on election day, November 3 to provide transportation to
polling places to vote. Voters should contact City Hall to
make arrangements.
M/Kim stated that a recent article published in the Diamond
Bar/Walnut News Gazette indicating that he had ordered buses
for voters, was untrue and requested publication of a
retraction by the paper.
11. ADJOURNMENT: With no further business to conduct,
M/Kim adjourned the meeting at 7:20 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
I N T E R O F F I C E M E M O R A N D U M
TO: Mayor Pro Tem Papen land Councilmember Forbing
FROM: Linda G. Magnuson; Aacountinq Manager
SUBJECT: Voucher Register, November 3, 1992
DATE: October 28, 1992
Attached is the Voucher Register dated November 3, 1992. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
their entry on the Consent Calender.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated November 3, 1992 has been
audited approved and recommended for payment. Payments are hereby
allowed from the following funds in these amounts:
AMOUNT
001
General Fund
$389,597.21
112
Prop A Transit Fund
6,345.00
115
Int. Waste Mgt. Fund
346.40
125
CDBG Fund
1,690.00
138
LLAD #38 Fund
5,364.97
139
LLAD #39 Fund
6,041.61
141
LLAD #41 Fund
577.66
250
CIP Fund
7,457.00
TOTAL ALL FUNDS
APPROVED BY:
Linda G. Mag on
Accounting Manager
(lim- � I Lx-�LA—,-
Torrence
L. Belanger
City Manager
$417,419.85
Phylli E. Papen
Mayor Pro Tem
Jdhn A. Forbing
Councilmember
I * 4 City of D i a a o n d Bar +++
RUN TIME: 15:51. 18/26/92 V 0 U C H E R R E 6 I S T E R PAGE i
011£ THRU.............1.1/03/92
VENDOR NAME VENDOR ID. + + PREPAID + t
ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. FNTRY/DU£ INVOICE DESCRIPTION AMOUNT DATE CHkCk
--------------------------------------------------------------------------------------------------------------------------------
ARA/Cory Refreshment Svcs ARA
+801-4898-2325 2 31183E 18i26 11/83 293047 Meeting Sapplies 74.15
TOTAL DUE VENDOR 74.15
Accurate Landscape
Accurate
+136-4536-5500
2 311838 81/1420
10127
11/03
26284
Landscape Maint Cant
3,211.68
+139-4539-5500
2 311038 01/1421
10/27
11/03
26205
Landscape Maint font
5,698.00
+136-4536-2210
2 311038 0311434
10127
11/03
76332
OperSucolies-LIADt36
54.42
+139-4539-2210
1 31103E 04/1434
10127
11/03
26333
OperSupplies-LLAD139
169.00
+136-4536-2210
1 311838
10/27
11/63
26355
LLMD064ertilizer
1,944.00
TOTAL DUE VENDOR -------->
11,097.02
American Art China Co.
AmerArt
�
+001-4095-1280
2 311038 8111452
18127
11/03
012996
140zcolurMuq
235.12
TOTAL DUE VENDOR --------}
235.12
American Pub Wks Assoc
APPA
+001-4510-2315
1 311038
10127
11/03
74600
Membership-D.Liu
70.08
TOTAL DUE VENDOR ------) 70.00
American Society of
ASCE
+801-4510-231.5
2 311038
16127
11163
00235945
Membership -D. Liu
46.88
TOTAL DILE VENDOR -------)
46.N
Armentrout, Phil
Armentrout
+801-4440-4648
2 311038
10127
11/03
6143
Svcs -10/12-10/23
1,158.88
1001-4440-4040
1 31183E
10/27
11103
6144
Svc -9/20-18118
1,150.81
TOTAL DUE VENDOR --------)
2,300.08
Austin Faust Assoc
Inc. AustlnFaus
�
+881-4551-5221
1 311838
10127
11/03
6642
SchoolXngSuardAnalysis
428.88
TOTAL DUE VENDOR ------>
420.80
Brown, Judy A.
456
+081-3476
16 31103A
10/26
11/83
Recreation Refund
16.00
TOTAL DUE VENDOR ------)
16.01
Burgess, Lynda
BurgessLyn
+001-4048-2396
1 31103A
10126
11/03
Referendum Staff Meal
39.92 10/21/92 0000017023
+081-4090-1108
4 31103A
10126
11/03
Numbering Stamp
32.46 10/21/92 0808817823
TOTAL PREPAID AMOUNT ---)
77.36
TOTAL DUE VENDOR --------)
8.00
+++ City of Diasond Bar +++
RUN TIME: 15:51 18126/92 V 0 U C H E R R E S I S T E R
DUE THRU.............11/83/92
VENDOR NAME VENDOR ID.
ACCOUNT PRO3.T%-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICF DESCRIPTION
Case, Don CaseDon
+881-4218-5211 1 311838
Charles Abbott t Asc Inc CharlPsAbb
+001-4551-5721 2 311038
Cosputerland of D. B. Csptrland
+081-4890-2200 2 31103B 01/1459
De La Cruz, Pat 442
+681-3476 3 31143A
Diamond Bar Business Asoc DBBusAssDc
+401-4890-2218 1 311038
Diamond Dar Petty Cash
PettvCash
+081-3418
1 31103A
+001-4010-2325
2 31103A
+081-4038-1280
1 31103A
}881-4838-2125
1 31103A
+001-4038-2200
1 31103A
+081-4030-2325
1 31103A
+081-4898-2325
1 31.163A
+141-4495-1280
3 31103A
+041-4495-2138
1 311034
+001-4350-17.00
2 31103A
+881-4518-2325
1 31163A
Diamond BarlValnut YMCA DBWalYMCA
+12S-4215-2355 1 31103A
PAh:
+ + PRCPA10 + +
ANDONT DATE CHF^K
--------------------------
18127
11/03
1358
ConsFees-21668Steeplechas
158.88
TOTAL DUE VENDOR -------->
ISO M
18127
11/83
064
Engsvcs-Septf992
3.990.08
TOTAL DUE VENDOR --------)
3.990.00
10127
11183
CLO3034599
Rep1I/087d-Laptop
408.93
TOTAL DUE VENDOR ------ —j
408.93
18128
11/03
Recreation Refund
45.00
TOTAL_ DUE VENDOR ------->
45.00
10/27
11/03
CDaskeaMtce-Nov
119.00
TOTAL DUE VENDOR -------->
179.84
10128
11/03
Recreation Refunds
43.00
10126
11/03
Meetings-CCouncil
1.06
16/28
11/03
Supplies -CM
9.31
18126
11/03
Cellular Phone Chgs-CM
1.7%
10126
11/03
Equipment Maint-CMgr
50.08
18128
11103
Meetings -CM Ofc
38.24
10128
11/83
Mtq Supplies - Ben Savt
37.57
10128
11/63
Supplies - Community Pros
76.62.
10126
11183
Equip Rental -Ranch Fest
25.32
1!126
11/03
Recreation Supplies
32.12
10128
1143
Meetings - PW
15.80
TOTAL DUE VENDOR ------->
319.24
10/26
11103
Sept/Oct
CDH6 Conti -Child Care Pry
1,690.00 10/23/92 0000017426
TOTAL PREPAID AMOUNT ---->
1,698.00
TOTAL DUE VENDOR -------->
0.06
+++ City of D i a a o n d Bar +++
RUN TIME: 15:51 18/28/92 V O U C H E R R E 6 I S T E R PAGE 3
DUE THRU.............11143/92
VENDOR NAME VENDOR ICJ. + + PREPAID + +
ACCOUNT PROJ.TK-NO BATCH PO.LINEIND. ENIRY/DIIE_ INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
Dwight French I Assoc. Dvightfren
+881-4551-5221 85892
3 311838
8311439
18117
11/83
188885
SeverFeas5tudy
1,976.18
+258-4518-6411 81492
2 311838
81/1446
18127
11183
188886
Slurry-Area3
1,165.0a
+258-4518-6411 81492
4 311838
8111237
18127
11/83
12766
Prof Svcs -Slurry 51
960.88
1 311038
37/1397
10127
11/83
89563792
supplies
TOTAL DUE VENDOR -------->
4,101.10
Earthworks Press
Farthrorks
18/27
11103
09563792
Supplies
21.14
+115-4515-2328
2 311838
8111447
18127
11/83
1074
Recycler`s Handbook
346.48
TOTAL DUE VENDOR ------) 346.44
Eastean Inc.
Fastaan
+881-4898-1188
3 311038
40/1397
18127
11183
89516329
Supplies
6.24
+881-4898-1108
1 311838
35/1397
10/27
11/83
89551963
Supplies
16.24
+081-4846-1108
1 311038
37/1397
10127
11/83
89563792
supplies
42.28
+881-4858-1188
1 311830
36/1397
18/27
11103
09563792
Supplies
21.14
+001-4698-1188
2 311038
39/1397
10127
11/83
09563792
Supplies
105.58
+801-4210-1100
1 311638
3611397
10127
11183
09463792
Supplies
84.43
+881-4038-1180
2 311038
4111397
10127
11/63
09511245
Supplies
2.44
TOTAL DOE VENDOR -------) 272.23
Exxon
ExxonS
+80I-4838-2318
2 311038
18127
11/83
3586742
fuel -CM
16.58
+8814038-2318
1 31103B
18127
11/83
4265106
Fuel -CM
15.56
+801-4210-2310
1 311038
10127
11/43
4249453
Fuel-Plnq
22.68
+881-4310-2310
1 31183B
10127
11183
4249571
Fuel -PIR
22.50
+881-4310-2288
2 311038 0111458
18127
11/63
4249873
ReoairShort-PIMTruck
55.80
*801-4310-2310
2 31103B
10127
11/03
4249966
Fuel -PIR
39.46
+081-4090-2310
1 311038
10127
11/83
4258094
Fuel -Gen
15.98
*881-4890-2318
2 31103B
10127
11183
4949254
Fuel -Gen
0.50
+801-4218-2310
2 311838
10127
11/03
5649243
Fuel-Plnq
23.04
#001-4310-2310
3 311038
10/27
11/03
5649545
Fuel -PIR
9.50
*001-4310-2310
4 311638
10127
11103
5649943
Fuel -PIR
37.27
+001-4310-2310
5 311138
18V27
11/03
5656673
Fuel -PIR
17.93
+081-4838-2316
3 311438
10127
11/83
6364616
Fuel -CM
15.60
TOTAL OUF VENDOR --------)
291.48
Federal Express Corp.
FedExpress
#801-4310-2128
1 31103C
10127
11/63
4-794-3,4659
Express Mail - Parks
30.00
TOTAL DOE VENDOR -------}
31.44
Food 4 Less
Food4Less
001-2300-1018
1 31113C
10127
11163
Refund Dev Deposit DR92-4
659.30
TOTAL DOE VENDOR --------} 659.34
+++
City
of D I a
a 0 n d Bar +++
RUN TIME: 15:51 18/28/92
V
0 U C H E R R
E 6 I S T E R
PA6�
DUE THRO.............11/83/92
VENDOR NAME
VENDOR ID.
+ + PREPAID + +
ACCWNT PROJ.TX-NO
--------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/N0.
ENIW DUE INVOICE
DESCRIPTION
AMOUNT DATE
HIf California
FIE
+081-4313-2125
1
311630
18/27
11/63
Phone Svc -Heritage Pt
38.30
TOTAL DUE VENDOR ----- -->
30.31
6TEL
6TEL
+681-4896-2130
1
31103C
16/27
11183
Eauipment Rental - Nov
906.65
TOTAL D11F VENDOR --------±
986,65
Sardner Communications
6ardnarCoa
+801-4895-2350
1
31103C
16127
11/63 1845
Newsletter - Fall 91
17,381.25
TOTAL DUE VENDOR -------)
17,:381.25
Gera, Sunil
445
+881-3418
IS
31103A
18126
11183
Recreation Refund
214.88
TOTAL DUE VENDOR --------)
24.88
Gonsalves t Son, Joe
A.
Gonsalves
+881-4818-4888
1
31103C
18/27
11183
Prof Svcs - November
2,188.88
TOTAL DUE VENDOR --------)
2,106.80
Snodson, Cathy M.
449
+881-3418
10
31103A
10128
11183
Recreation Refund
29.60
IOIAL OUE VENDOR -----)
29.08
Grijalva, Anthony
453
+801-3474
1
31103A
10126
11103
Recreation Refund
40.00
TOW DUE VENDOR -------)
48.88
Haffner, Dorothy
471
•
+001-3478
29
31163E
10128
11/03
Recreation Refund
28.88
TOTAL DUE VENDOR --------)
28.88
HamsAi, Lynne M.
466
+061-3418
23
31103A
10128
11183
Recreation Refund
40.86
TOTAL DUE VENDOR -------?
40.80
Hansen, Laura S.
443
+801-3418
4
31183A
10128
11183
Recreation Refund
29,88
IO(AL DU£ VENDOR -------)
29.80
TOTAL DUE VENDOR -------) 168.0
Jennings Engstrand
Jenningsb
+tt
City
of
Diamond
Bar tt+
18127 11/83
R11N TIME: 15:51
18!26/92
V
0 U C
H E R R E S
I S T E R
PAGE 5
JohnAlden
DUE THRU
.............11/03/92
18127 11/83 Nov
Nov Cafeteria -Miller
VENDOR NAME
VENDOR ID.
TOTAL DUE VENDOR --------)
436.11
K I V Blueprint Service
+ + PREPAID + +
ACCOUNT PROJ.TX-NO
-------------- -------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/N0.
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Hinderliter De Llamas
54.98
Hinderlitr
TOTAL DUE VENDOR -------)
54.94
+801-48984018
1
311830
10127
11183
Prof Svcs - 3rd Qtr 92
944.80
TOTAL DUE VENDOR --------)
988.84
ICNA Retirement
Trust -457 [CMA
+001-2116-1007
1
311030.
10127
11103
Nay
Def Coop Contr-PP21/22
316.84
+801-4838-0068
1
31103C
10/27
11/03
Nov
Nov Contract Contr - CM
408.84
+001-4038-8090
1
31103C
18/21
11183
Nay
Nov Cafeteria Cantr-CM
714.60
+081-4040-8098
1
31103C
10127
11/03
Nov
Nov Cafeteria Contr-CCIk
426.76
+001-4850-8096
1
311030
18127
11103
Nov
Nov Cafeteria Cantr-Fin
141.59
1801-4218-0090
1
31103C
10127
11/03
Nov
Nov Cafeteria Contr-Plnq
498.15
+801-4310-0098
1
311030
18/27
11/03
Nov
Nov Cafeteria Cantr-PIR
233.39
1881-4518-8896
1
31103C
10127
11/03
Nov
Nov Cafeteria Canty -Eng?
764.34
TOTAL DUE VENDOR --------)
3,502.61
Impressive Screenrorks
Impressive
+801-4895-2395
1
31183C
16127
11/83
2206
T -Shirts -Ranch Festival
441.66
TOTAL DUE VENDOR --------)
441.66
Interntl Inst of
M. Clerk
IIMC
+001-4040-2315
1
31103C
10/27
11/83
Annual Dues-CClk I DCC1k
158.88
TOTAL DUE VENDOR --------)
158.40
Jack Thompson
Jihampson
+001-4556-5508
1
31103D 03/1405
18/26
11/03
Envr Enhanceont Pgm-Rvw
168.04
TOTAL DUE VENDOR -------) 168.0
Jennings Engstrand
Jenningsb
+001-4428-4821 1
31113C
18127 11/83
Legal Svcs -Prop TK
165.11
TOTAL DUE VENDOR --------)
165.11
John Alden B.T.
JohnAlden
+801-4116-4490 1
311130
18127 11/83 Nov
Nov Cafeteria -Miller
430.88
TOTAL DUE VENDOR --------)
436.11
K I V Blueprint Service
X1VBIuePrt
+101-4510-2244 1
31143C
14127 11/03 1142
Blueprint Machine Maint
54.98
TOTAL DUE VENDOR -------)
54.94
*++
City
of
Diamond
Rar +++
RUN TIME: 15:51 18/2692
V
0 U C
H E R R
E S I 5 T E R
PA6£
DUF THRU.............11103/92
VENDOR NAME
VENDOR ID.
+ + PREPAID + +
ACCOONT PRO.7.TX-NO
--------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/N0.
ENTRY/Dt1E
INVOICE
DESCRIPTION
AMOUNT DATE CHFCK
Kens Hardware
Kens
*881-4316-1288
b
31183. 2611413
18127
11/83
SAW
Supplies
32.96
+881-4318-1288
7
311O3C 27/1413
18/27
11/83
56669
Supplies
5.40
*881-4318-1288
1
311830 21/1413
18127
11183
59849
Supplies
1.69
*881-4318-12.88
2
31103C 2211413
18/27
11/63
59859
Supplies
4.64
*801-4318-1288
3
311O3C 23/1413
18/27
11/83
59876
Sooplies
14.47
1881-4318-1288
4
311O3C 24/1413
18/27
11/83
59139
Supplies
9.94
*881-4318-1288
5
311830 25/1413
18/27
11/83
59149
Supplies
2.65
TOTAL DUE VENDOR--------?
71.15
Kim, Mee A.
469
*881-3476
26
31183E
18128
11/83
Recreation Refund
26.88
TOTAL DUE VENDOR-------;
28.80
L.A. County-Sheriff's
Dep
LACSheriff
*881-4411-5481
1
31103C
18/27
11/83
18869
Sheriff Svcs-Sept
299,191.13
*881-4414-5461
1
311O3C
18/27
11/83
18898
Reimb Sa Evts-Ranch Fstv1
2.,264.44
TOTAL DUE VENDOR-------->
381,475.57
L.A. County-Sheriff's
Dep
LACSheriff
*881-4411-5481
2
3118310
18127
11/83
18919
Helicopter Svcs-Sept
164.77
TOTAL DUE VENDOR - ----->
164.71
LA County Agriculture
Com LACAgric
*141-4541-5519
1
31163C
18/27
11/83
2913
Pest Control - Aug 92
171.29
TOTAL DUE VENDOR-------->
171.29
Lasky, Alice
444
+881-3476
5
31113A
16126
11/83
Recreation Refund
30.88
+
TOTAL DUE VENDOR--------)
38.88
Latham, Tricia
457
+081-3476
17
311034
18126
11183
Recreation Refund
20.80
TOTAL DUE VENDOR------->
2810
Leaque of Ca. Cities
Laaque
+801-4818-2325
4
31113A
18126
11/03
Leg Implementatn Mtg-Pape
75.88 16/21/92 8880817825
TOTAL PREPAID AMOUNT ----)
75.88
TOTAL DUE VENDOR--------?
8.80
t t t
L l
t 4 o f 0 1 d
a o n d B a r ** t
RUN TIME: 1's:51. 10/28/92
V
O U C H E R R E
6 I S 1 F R
PAR 7
DUE THRU.............11/63/92
VENDUR NAME
VENDOR ID.
+ PREPAID {
ACCOUNT PROJ.TX-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/N0.
ENTRY/DUE
INVOILE
DESCRIPTION
AMOUNT DATE CHECK
Leaque of Ca. Cities
Leaque
*001-4638-2338
1
31103A
10/28
11/03
Leq Ioplesentation Mtg-CM
75.00 10/23/9? 40@0@17@?7
TOTAL PREPAID AMOUNT ----;
75.00
TOTAL D11F VENDOR -------->
0.00
League of Ca. Cities
Laaque
+001-4040-2338
1
31103C
10127
11/83
Sesinar-City Clerk 12/2-4
175.00
TOTAL DR VENDOR --------)
175.00
League of Ca. Cities
League
001-4010-2325
1
31103C
10127
11/03
LAC Selection Mtg-Papen
20.00
TOTAL DUE VENDOR --------)
20.0
League of Ca. Cities
League
*001-4030-2320
1
311030
10/27
11/63 23156
Pu6lctn-City Atty Papers
30.00
TOTAL DUE VENDOR --- ----)
30.00
Lee, 6yung H.
467
*001-3478
21
31103E
1012E
11/03
Recreation Refund
14.00
TOTAL DUE VENDOR
14.00
Little Red School House
LittleRed
*001-435@-1200
1
311030 01/1435
10127
11/63 526809
Supplies -Tiny Tots
148.20
TOTAL DUE VENDOR ------->
146.20
Lukens, Renae
445
*001-3478
6
31103A
18/28
11103
Recreation Refund
29.00
TOTAL DUE VENDOR --------}
29.00
Martin, Linda R.
458
*001-3478
25
31103A
10/28
11/63
Recreation Refund
20.00
TOTAL DR VENDOR -------->
20.00
Medina, Raul
MedinaR
*001-4350-4100
4
311030
10128
11/03
PR Com -8127,9/24110122
120.60
TOTAL DUE VENDOR ------}
120.00
*t*
City
of
Dia
a and Bar ttt
RCN TIME: 15:51 10/26/92
V
0 U C
H F_ R R E
6 1 S T E R
PAbE
DUE THRU
.............11/03/92
VENDOR NAME
VENDOR ID.
* t PREPAID +
ACCOUNT PROJ.T1-NO
----------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/NO,
ENTRY/DUE
INVOICE
DESCRIPTION
AMDONT DATE CNF".k
Myers, Elizabeth
MversE
+001-4040-4800
1
31163D
16/26
11103
CCncl Mty Minutes -10/06
126.00
+001-4210-4000
1
31103D
10126
11/03
92016
Plnq Cam Minutes -10112
:196.60
*001-4553-4888
1
31103D
10/26
11/63
92016
TtT Coo Minutes -18106
386.00
ICTAL DUE VENDOR -------)
628.00
Nationwide Papers
Nationwide
*001-4050-1286
1
31103D
10126
11103
15566-11
Computer Paper
61.67
TOTAL DUE VENDOR ------->
61.67
Ng, Hendry
465
*801-3476
21
31103A
10128
11/03
Recreation Refund
51.08
TOTAL DOE VENDOR -------z
51.00
Nquyen, Natalie L.
460
+001-3416
26
31103A
10126
11103
Recreation Refund
79.08
TOTAL DILE VENDOR -------)
79.80
Noble, James Y.
466
*881-3476
31
31103E
10126
11103
Recreation Refund
67.00
TOTAL DUE VENDOR ------->
61.00
Ocampo, Sonia
464
*881-3476
24
31163A
10/26
11/03
Recreation Refund
36.08
TOTAL DUE VENDOR --------5
36.04
Ohigashi, Yoko
446
*001-3476
7
31163A
18126
11103
Recreation Refund
29.00
'
TOTAL DUE VENDOR ------->
29.01
Ornelas, Raymond J.
451
+001-3476
12
31103A
16126
11/03
Recreation Refund
39.00
*801-3476
13
31143A
10/26
11163
Recreation Refund
45.10
TOTAL DUE VENDOR ------)
64.48
Palmer, Joyce
459
*001-3416
19
31163A
16/26
11143
Recreation Refund
24.88
TOTAL DUE VENDOR -------->
24.00
f+f City of Diamond Bari
RUN LIME: 15:51 10/28792 V 0 U C H E R R E 6 I 5 T E R PAGE 9
DUE THRU.............11/03/92
VENDOR NAME VENDOR ID. + PREPAID f f
ACCOUNT PROJ.TA-NO BATCH PO.LINEiNO. ENTRY/DUE INVOICE DESCRIPTION AMDONT DATE CHECK
-----------------------------------------------------------------------------------------------------------------------------------
Payroll Transfer PavrollTr
feel -1928 1 31193E 18728 11/03 Pavroll Transfer - PP22 34 006.08 14123/97 04040AA492
Plunk, Lydia E. P1unkL
+801-4350-4100 2 31103D
Pomona Vly Transportation PamonaVly
*112 4360-5319 1 31193E
Postage By Phone PostBvPhon
*081-4090-2120 1 31103D
18126 11/83
18128 11/03 4934
10128 11/83
Programmed for Success
Progfor5uc
PR Coo -8127,9110,24,10/22
168.00
*091-4358-1280
4 31103D 81/1468
10128
11/83 5348
Public Empl Retirement
PERS
Pastaqe
1,088.80
+001-2110-1008
1 311130
10/28
11/03 PP21
1001-2110-1118
2 311030
10728
11/03 PP21
Richard or Christine
Hunter6rap
TOTAL DUE VENDOR -------;
4,621.14
*111-4931-1118
1 31103C
11727
11/93
PR Coe -8/21,9110,24,18/22
166.00
TOTAL DUE VENDOR -------->
160.10
Ruzicka, Joseph T.
RuzickaJ
TOTAL DUE VENDDR-------->
75.18
*001-4350-4119
1 311030
11126
11783
Seif, Tavlia K.
454
+001-3416 14 31103A
11126
11/83
,
TOTAL PREPAID ANOUNT ----> 34,090.08
TOTAL DUE VENDOR -------->
0.90
PR Coo -8127,9110,24,10/22
168.00
TOTAL DUE VENDOR -------->
.160.08
Suttle - Ranch Festival
6,345.00
TOTAL OK VENDOR -------->
6,345.80
Pastaqe
1,088.80
TOTAL DUE VENDOR -------->
1,008.84
Rzreipts
148.89
TOTAL DUE VENDOR -------->
148.09
Retirement - PP21
2,364.69
Retirement - PP21
21256.46
TOTAL DUE VENDOR -------;
4,621.14
Sign Lettering - Belanger
16.24
TOTAL DUE VENDOR -------->
16.24
PR Coe -8/21,9110,24,18/22
166.00
TOTAL DUE VENDOR -------->
160.10
Recreation Refund
7S.00
TOTAL DUE VENDDR-------->
75.18
+t+ C i t v of 0ialond Bar +++
RUN TIKE: 15:51 19/26/92 V 0 U C H E R R E 6 1 S i E R
DUE THRU.............11/03/92
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TII-NO BATCH PO.LINE/NO. W R MUE INVOICE DESCRIPTION
-------------------------------------------------------------------------------------------
yir Speedy Sir5aeedv
+991-4499-2119 1 311936
So. Ca. Joint Powers Ins. SCJPIA
+891-2119-1944 2 311938
+bg1-2119-1996 2 311830
+991-2119-1994 1 31193D
+991-2118-1996 1 31I030
Solano Press Books SolanoPres
+991-4219-2319 1 311930
Southern Ca. Edison SoCaEdison
+991-4311-2126 1 31103D
+991-4316-2126 1 311930
+991-4319-2126 1 311930
Southern Ca. Edison SoCaEdison
+991-4553-2126 1 31.1930
Southern Ca. Edison SoCaEdison
+141-4541-2126 1 311938
Southern Ca. Edison SoC:Edison
+139-4539-1126 1 311130
Southern Ca. Edison SoCaEdison
+136-4538-2126 1 311930
Standard Insurance of Ore Standardln
+991-2119-1995 1 31193D
PANE 1
AMOUNT DATE CNEL'N
--------------------------
14128
11143
14276
Interafc Mesas
68.66
TOTAL DUE_ VENDOR -------->
66.66
14/28
11/93
May
Dental Premiums -Nov
952.58
19/26
11/93
May
Vision Preeiuss-Mov
292.44
19128
11/93
Oct
Dental Presiuss-October
1,913.41
16128
11/93
Oct
Vision Presivas-Ort
107.40
TOTAL DILE VENDOR -------->
2,565.79
19/28
11/93
Publctn-CEOA Compliance
61.92
TOTAL DUE VENDOR --------?
61.92
19/28
11193
Electric -Grow Pk
25.89
19126
11/93
Elertric-Maplehill
359,69
19126
11/93
Electric -Peterson Pk
24.67
TOTAL DOE VENDOR -------->
419.45
19128
11193
Electric Traffic Control
2,599.71
TOTAL DUE VENDOR --------?
2,599.71
19/28
11143
Electric LLAD 141
496.37
TOTAL DUE VENDOR -------->
496.37
14
19128
11143
Electric Svc-LLA0139
154.61
TOTAL DUE VENDOR -------->
154.61
19128
11193
Electric Svc-LLAD 138
I54.95
TOTAL DUE VENDOR -------->
154.95
19126
11/93
Nov
Life Insurance - Nov
333.58
TOTAL DOE VENDOR -------->
333.50
*** City of D I a 0 0 n d Bar ***
RUN 1IME: 15:51 16/28/92 V 0 U C H E R R E 6 I S i E R PAfiE 1
DUE THRU.............11/63/92
VENDOR NAME VENDOR ID. * * PREPAID * +
ACCOUNT PRUJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DAIE CHFCK
------------------------------------------------------------------------------------------------------------------------------------
Standard Insurance of Ore Standardln
*001-2116-1605 2 311630
Thompson, far 4s0
*601-3418 11 31103A
Time Out Personnel Svc. TimeOut
*001-4640-2396 2 311630
Tousant, Angela V. 462
+031-3474 2 311034
US Sprint
*001-4516-2125
Unocal
+061-4030-2310
Vallance, Donna
*001-3478
U5snrint
1 311630
Unocal
4 311030
473
36 31103E
Velvet Turtle, the Velvetturt
*001-4010-2375 3 311634
Vera, Liliana N. 447
*601-3418 8 31103A
le/28
11103 Nov
Supplimental Life Ins -Nov
17.02
TOTAL DUE VENDOR --------s
17.66
10128
11103
Recreation Refund
29.86
TOTAL .DUE VENDOR ------>
29.04
18126
11/03
Referendum Assistance
380.43
TOTAL DUE VENDOR --------)
300.43
10126
11103
Recreation Refund
35.06
TOTAL DUE VENDOR --------)
35.09
10128
11103
Long Dist Svc-Engr
6.63
TOTAL DUE VENDOR ------>
6.63
10/28
11/03 024368
Fuel - CM
14.38
TOTAL DUE VENDOR -------->
14.36
10126
11/03
Recreation Refund
26.00
TOTAL DUE VENDOR --------)
20.06
18128
11/03
N Oro Cty Bus Women's Ntg
18.54 10/21/92 0000617024
TOTAL PREPAID AMOUNT ---->
16.58
TOTAL DUE VENDOR --------)
0.04
10128
11/03
Recreation Refund
29.00
TOfAL DUE VENDOR -------->
29.00
*t+
City of 0 1 a
a a n d Bar * * *
RUN 11K: 15:51 10/26/92
V
0 11 C H E R R E
6 I 6 T E R
PReE 1
DUE THRU.............11/43/9'2
VENDOR NAME_
VENDOR ID.
t + PREPATD + t
ACCOUNT PROJ.TX-NO BATCH PDA INE/N0.
----------------------------------------------------------------------------------------------------------------------------------
ENTRYIDUE INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Uhelan, Stephen P.
WhelanSP
1001-4350-4180
3 311630
10/26
11/03
PR Con -6/24,9/10,24.10/22
168.81
TOTAL DUE VENDOR ---------
160.84
Winget, Janey L.
446
+881-3478
9 31103A
16/26
11/03
Recreation Refund
29.00
TOTAL DUE VENDOR ------>
29.02
Wolff/Lang/Christopher
MnlffLang
1254-4310-6415 04692
2 311030 01/1294
10128
11/03
Desiqn Svcs -Heritage
5,332.80
TOTAL DUE VENDOR -------->
5,332.00
Wright, Paul
WrightP
*001-4210-2325
1 31103D
10126
11/03
AV Svc -Pin Cal 9/28,10/12
334.00
+001-4440-4044
3 31103D
10126
11/03
AV Svcs -NEAT Program
45.00
TOTAL DUE VENDOR --------;
375.00
y0o, Young
438
+401-3476
2 311034
10/28
11/03
Recreation Refund
31.00
TOTAL DUE VENDCR -------->
31.00
taaacona, Debbie
461
+401-3476
21 311031
10/26
11103
Recreation Refund
75.00
TOTAL DUE VENDOR -------)
75.40
TOTAL PREPAID ---------->
35,930.68
TOTAL DUE --------------->
381,468.97
TOTAL REPORT ------------>
417,419.85
+++ City of Dia a and Har +++
RUN TIME: 15:51 18/28/92 V O U C H E R R E G I S T E R
FUND SUMMARY REPORT
DUE THBU.............11/83/92
DISBURSE 6/L 63E WILL POST 6JE HAS POSTED
FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE
-------------------------------------------------------------------- -------------------------------
8816aneral Fund 359,591.21 42,506.73
136LLAD 236 Fund 5,364.97
139LLAD 239 Fund 6,841.61
125CDH6 Fund 1.698.80
2SOC; I.P. Fund 1,457.88
llSInt haste Mgat Fu 346.48
141LLAD 241 Fund 571.66
112Prop A— ransit Fu 6,345.88
TOTAL ------------
------------ ------------ ----------- ---------
ALL FUNDS 417.419.65 42.586.13
PASF 1
FUTURE TRANSACTIONS
REVENUE EXPENSE
----------------------
1,128.88 M,970.48
5,364.97
6.841.61
1.698.83
7,457.89
346,43
577.66
6,345.61
1,124.89 313,193.12
MTMU or MX2."6115 152-n
AGENDA REPORT AGENDA NO. t/
TO: Honorable Mayor and City Council
MEETING DATE: November 3, 1992 REPORT DATE: October 27, 1992
FROM: Linda G. Magnuson, Kccounting Manager
TITLE:
Treasurer's Report - September 30, 1992
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of September 1992.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
Bid Spec. (on file in City Clerk's Office)
_ Other
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY: r,, /
�Vv i ,
Te rence L. a anger Linda G. Mag on
City Manager Accounting Manager
Yes_ No
_ Yes No
_ Yes X No
Yes X No
cxrx cvuxuil, REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - September 30, 1992
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the September, 1992 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of September 1992. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances and
investment account balances.
As you are aware, the State of California was in turmoil over the
balancing of its FY92-93 budget. As a result, the State had no
authority to distribute the Motor Vehicle in Lieu, Cigarette Tax, or Gas
Tax apportionments. As a result, the The City received it's normal July
and August allocations during the month of September after the State
Budget was approved.
There are differences between the ending cash balances on the 8/30/92
Treasurer's Statement and the beginning cash balances on this statement.
The overall total has remained unchanged. The adjustments in the
beginning balances are due to the final FY91-92 year-end journal entries
being completed and reflected.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
September 30, 1992
GENERAL FUND
$3,986,619.13
$1,134,998.43
$604,653.76
($128,731.23)
$4,388,232.57
TRAFFIC SAFETY FUND
2,641.06
6,259.69
8,900.75
GAS TAX FUND
2,298,170.25
207,273.70
910.26
(118,487.47)
2,386,046.22
TRANSIT TX (PROP A) FD
567,750.28
51,353.00
8,484.01
610,619.27
TRANSIT TX (PROP C) FD
489,896.00
489,896.00
FEDERAL AID URBAN FUND
0.00
0.00
INTEGRATED WASTE MGT FD
12,485.49
7,221.45
4,907.09
14,799.85
OTS FUND
4,035.20
4,035.20
0.00
AIR QUALITY IMPRVMNT FD
15,154.11
18,205.14
33,359.25
STATE PARK GRANT FUND
0.00
PARK FEES FUND
180,077.25
180,077.25
COM DEV BLOCK GRANT FUND
(208.04)
1,116.40
(1,324.44)
LANDSCAPE DIST #38 FD
87,838.88
5,415.46
82,423.42
LANDSCAPE DIST #39 FD
153,903.92
7,542.59
146,361.33
LANDSCAPE DIST#41 FD
101,031.52
8,569.87
92,461.65
GRAND AV CONST FUND
492,790.75
734.02
492,056.73
TRAFFIC MITIGATION FEE FD
312,554.37
312,554.37
CAP IMPROVEMENT PRJ FD
24,282.14
218,579.47
247,218.70
52,921.37
SB 821 FUND
131,776.64
131,776.64
SELF INSURANCE FUND
352,646.90
352,646.90
TOTALS
$9,213,445.85
$1,425,311.41
$864,948.13
$0.00
$9,773,809.13
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
GENERAL ACCOUNT
$122,589.75
PAYROLL ACCOUNT
966.27
CHANGE FUND
100.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
COMMERCIAL PAPER
L.A.I. F.
TOTAL INVESTMENTS
$0.00
0.00
9,649,653.11
$124,156.02
9,649,653.11
TOTAL CASH $9,773,809.13
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
AUGUST 10, 1992
Chairman Flamenbaum called the meeting to order at
CALL TO ORDER: 7:07 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF
ALLEGIANCE:
ROLL CALL:
CONSENT CALENDAR:
Min. of July 27
CONTINUED
PUBLIC HEARING:
CUP 89-528 &
DR 92-03
PUBLIC HEARINGS:
The audience was led in the Pledge of Allegiance by
Chairman Flamenbaum.
Commissioners: Meyer, Grothe, Li, Vice Chairman
MacBride, and Chairman Flamenbaum.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Craig Fox, and Contract Secretary Liz Myers.
Motion was made by VC/MacBride, seconded by
C/Grothe and CARRIED 992NANIMOUSLYresea. accept the
Minutes of July 27,
AP/Searcy presented the staff report regarding the
request, by applicant Russell Hand, for development for as
amendment to the CUP No. 89-528,
of a
Development Review to allow the through
Burger King restaurant with e July
facilities. The Planning Commission, at the
13, 1992 meeting, directed staff and the app
to work on issues related t internal and circulation,
pedestrian access between parcels
ble
revision to the foot print of the restaurant. The
applicant has submitted a tentative plan to staff,
however, the site plan has not been
finalized,
at and
this
the project is not ready for presentation a continuance
time. The applicant has req
for this project. Staff recommended that this
application be continued fortwo
and weeks toto allow
provide
staff time to review the p
TT Map No. 50519/
DA No. 91-3/
DR No. 91-2/
Zone Change 91-1
comment.
The Public Hearing was declared open.
Hearing no testimony, the Public Hearing was
declared closed.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to accept staff's
recommendation to continue the application.
AP/Searcy presented the staff report regarding the
request, by the applicant Diamond Development
Company, to subdivide a 2.3 acre site into
romon
individual ownership 36
lots and three )ect, to
lots, to construct a 36 condominium p j
change the zone classification fromLimited
(Restrictive Business) to Zone R-3
Multiple Residence), and to enter into a
August 10, 1992 page 2
Development Agreement with the City. The public
hearing for this project was last before the
Planning Commission on June 22, 1992 as an s0 unit
senior citizen's condominium project.
The
applicant has redesigned the project bec
use, in
the interim, the General Plan has been approved by
the City Council, which changed the land use
designation of that property to a RIM (Low Medium
Residential), with a maximum density of 16 DU/Acre,
and because of the concerns of the Commission
expressed at the June 22, 1992 meeting.
then reviewed the application analysis, as
presented in the staff report, which summarizes the
Vesting Tentative Tract Map/Land Use, the
Development Review, the Parking/ Circulation, and
the Open Space/Landscaping. Staff recommended that
the Planning Commission continue this project until
the applicant can provide the outstanding
information to staff for review and preparation of
conditions of approval if deemed appropriate.
The Public Hearing was declared opened.
Al Marshall, 4400 MacArthur Blvd., Newport Beach,
requested direction from the Comm Theo regarding
any issues that need addressing. Y
to work out all conditions orted.ndicat stated
the
following: the staff rep
laundry facilities, however, lic
each individual unit
has it's washer and dryer connections p withiovidedn
the the
community; the existing
architectural theme isappropriate
wall will be heavily landscaped, to include climbing vines, and the wall
will have a textured paint; they felt that guest
equately distributed; parking was not
parking was ad
included directly ahead, where the recreational
area is, because they felt it needed more
greenery;
r spaceas
tried to maintain as much green alls open
in
possible; the four foot privacy aining walls;
the staff report, are actually orte t parking
they didn't feel that security f
gue
was an issue since the complex has only one
entrance and exit and is visible to the residents;
and they will address any mitigated negative
declaration.
Lydia Plunk, residing at 522 Durfee Dr., inquired
if there will be mitigation measures to handle the
added traffic.
Mr. Marshall stated that, since there is only a
1.08% increase in existing traffic, it is
negligible to this particular street.
August la, 1992 Page 3
Hearing no further testimony, the Public Hearing
was declared closed.
Mr. Marshall, in response to C/Li's inquiries,
stated the following: the garages are 21 feet by
20 feet; and the guest parking is 9 feet by 19
feet.
Mr. Marshall, in response to C/Grothe's inquiries,
stated the following: there is a 6 foot block wall
separating this property from the surrounding
properties; there are existing sidewalks;
the
street and sidewalk ends into the back of the
shopping center.
C/Grothe, noting that condominium associations
often battle with excessive parking on,the street
and driveways, stated that there should be 20 or
more exterior parking spaces, distributed evenly
throughout the project. He requested to see the
specs on all of the materials on the building.
Mr. Marshall, in response to VC/MacBride's
inquiries, stated the following: there is a 24 foot
distance from the property line to the building,
with an additional 10 feet to the curb,
on Golden
Springs; the porches are underneath the roofline;
there is a 15 foot distance with anh additional
back of
sidewalk to the building line,
to feet to the curb, on Torito Lane; and the units
will be priced within the $140,000 range.
Chair/Flamenbaum stated that, for the record, the
Commission received a letter from Dr. Crowley.
He
requested staff to verify the qua
tityindif s initto
be moved is 6,000 cubic yards,
vesting tentative tract map.
Mr. Marshall sardsd is thathe
totalwould assamount tof tso 1
6,000 cubic y
moved, in which some of the dirt will be cleaned
and reutilized on site.
Chair/Flamenbaum made the following comments: the
trash containers may not fit into the garages,
with two cars; he prefers tile and
especially requested that
concrete as opposed to composite; from Torito Lane
an elevation map be presented, 6 he noted
looking over, with concern of #51and dn#6, especially
that those living at building
unit ,#23, will be effected by the traffic from
their driveway, and that trees may obstruct their
view of oncoming traffic; and there should be plans
August 10,
1992 page 4
for mitigating runoff, collecting runoff, and solar
reflectivity.
in response to C/Meyer's inquiries,
p,P/Searcy, the applicant, as part of
stated the following: phase, has
their financing process and designing
requested a Development Agreement to lock in the
perimeters of the project; the grading plan can be
reviewed by the Commission, if so desired, but
s handled through the Engineering
primarily it i
landscaping is a
Department at staff level;
plans, and is
separate issue, from the grading P
handled by the Planning Department and the Planning
Commission; the subdivision standards used by the
City is the County Title 21, as adopted by the City
Council in 1989; the perimeters of the Development
Review was established by the City Council in
February of 1990; the Development Review
more a requirements are
broad,
and are the exist ng neighborhood;
the compatibil Y itigated developed yet as
is no monitoring Program
there negative declaration; the
part of the m
City Engineer would probably use the traffic
there
impacts as identified in trafand fdef ineport the
prepared for the 80 uic
nit project ro ram would
perimeters that the mitigation p g
follow; normally, the mitigation monitoring program
is a part of anenvironmental
preparedt for reponegative
which is not s
declarations that have not had an EIR.
er made the following comments: he supports
C/Mey cannot comment on the
he
the zone change; without first knowing what
Development Agreement,
is in it; he needs more informationthe Tentative
Engineering Department regarding
Tract Map;
most of the design effort of the project
seems to be driven from eet codemic but it dislna � the
non
visitor parking may meet he
functional as an off street parking
is concerned with tconcerned he lack Of that the n al trash
containers; helarge trash
circulation does stedtvertical accommodate
horizontal off
truck; he Sugg the
sets to break up the mass of the building;
common amenities needs to partners
addressed;
oss
pbuy
this project may invite P parking spaces
buildings to rent out; the number of
is inadequate; the patio areas are set on the
oject and look at block walls
peripheral of the pr
and backs of buildings, and are not conducive for
communal gatherings; the circulation system should
be designed to better accommodate normal vethe
ed; set
movement, and be more pedestrian orient
August 10, 1992 Page 5
back on Torito Lane is minimal; the project should
be more geared for communal use; he is concerned
with units #28, & #29 will be subjected to any type
of recreational use; and he dislikes the dead end
driveways.
C/Grothe requested that the site plan include the
elevations to determine how this structure fits on
Golden Springs and Torito Lane, with the
surrounding structures in place. He also requested
that the pedestrian circulation be addressed so
that one does not have to walk down the middle of
the driveway.
VC/MacBride suggested that the existing
TransAmerica CC&R's be investigated.
Chair/ F lamenbaum suggested that a communal facility
be added to the project, as well as a children's
playground. He suggested that building 13 and 14
be reversed to facilitate some of the pedestrian
concerns.
CD/DeStefano stated that staff has recommended that
the project be continued. Staff would like the
following specifics addressed: the reduction of
the trash enclosures, and it's location; a spanish
mediterranean architectural treatment may be more
appropriate; resolve the inconsistencies in the
vesting map drawings pertaining to the open space
area, the width of the driveways, and the size of
the units. Motion was made by C/Meyer, seconded by
VC/MacBride and CARRIED UNANIMOUSLY to accept
staff's recommendation to continue the application
at such time that the data requested by the
Planning Commission and staff is made available,
and can be brought back for the Commission's
consideration.
Chair/Flamenbaum, in response to Mr. Marshall's
inquiry if the Commission would be able to vote on
the zone change, stated that the Commission has
already indicated that we are amenable to a zone
change.
VC/MacBride suggested to Mr. Marshall that they
consider putting the entrance and exit to the
project at the easterly side of building 15.
Chairman/Flamenbaum recessed the meeting at 8:36
p.m. The meeting was called back to order at 8:44
p.m.
ZCA No. 92-02 CD/DeStefano reported that it is recommended that
August 10, 1992 Page 6
(Hillside discussion regarding ZCA No. 92-1 (Hillside
Management management Ordinance) be continued to the August
Ordinance) 24, 1992 meeting.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
Motion was made by VC/MacBride, seconded by C/Meyer
and CARRIED UNANIMOUSLY to continue the matter.
ZCA No. 92-03 CD/DeStefano reported that ZCA No. 92-3 (Commercial
(Commercial Manufacturing Zone Amendments) is a City initiated
Manufacturing request to amend certain provisions of Title 22 of
Zone Amend.) the Los Angeles County Code, as heretofore adopted
by the City of Diamond Bar, pertaining to the CM
Zone. Staff has provided the Commission with an
updated list of those uses that are desired to be
stricken, or added, from the CM zone, and those
desired to be relocated from the permitted use
category with a CUP category. Staff recommended
that this item be continued to the meeting of
August 24, 1992.
VC/MacBride inquired why the following items have
been excluded from the list: Trade Schools, as
indicated on page 151 and page 153; carbonization,
as indicated on page 155; and stadiums, as
indicated on page 154. He requested that staff to
give those items further consideration, and to
correct the phrase "Sone Products", as indicated on
page 155.
Chair/Flamenbaum requested staff to give the
following items further consideration: why are
parcel delivery terminals relocated but not parking
lots, as indicated on page 152; and why are
Recreation Clubs relocated, but not swimming pools,
tennis, etc., as indicated on page 154.
Motion was made by C/Meyer, seconded by C/Grothe
and CARRIED UNANIMOUSLY to continue the item to the
August 24, 1992 meeting, with clarification made to
those items mentioned.
INFORMATION: Chair/Flamenbaum informed the Commission that he
has received the following: the minutes and agenda
Commission of the Traffic and Transportation Commission; a
letter from Joseph C. Pilgrim, sent to Senator
Frank Hill, regarding his lot at 22927 Lazy Trail;
and an open invitation, to the League of California
Cities 94th Annual Conference, to those
Commissioners wishing to attend.
August 10, 1992 Page 7
CD/DeStefano informed the Commission that a
petition to referend the General Plan had been
received by the City Clerk.
ADJOURNED: Motion was made by VC/MacBride, seconded by
C/Grothe and CARRIED UNANIMOUSLY to adjourn the
meeting at 9:04 p.m.
Respectively,
/s/ James DeStefano
James DeStefano
Community Development Director
Attest:
/s/ Bruce Flamenbaum
Bruce Flamenbaum
Chairman
AP/Searcy presented the staff report on Conditional
Use Permit 92-05/Development Review 92-02. The
project is an application for the removal of the
existing gas service station, to be replaced with
an AM/PM mini mart, selling both gas and alcohol
beverages. This public hearing was continued to
September 28, 1992 from the Planning Commission
meeting of September 14, 1992. The suspension of
the General Plan necessitated continuances of other
projects as well, which precede this project
application. Therefore, staff requested a
continuance of this application, to the meeting of
October 12, 1992, with the concurrence of the
applicant.
C/Meyer inquired if the applicant is in concurrence
with the continuance.
The applicant has concurred.
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
SEPTEMBER 28, 1992
CALL TO ORDER:
Chairman Flamenbaum called the meeting to order at
7:05 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF
The audience was led in the Pledge of Allegiance by
ALLEGIANCE:
Chairman Flamenbaum.
ROLL CALL:
Commissioners: Meyer, Grothe, Vice Chairman
MacBride, and Chairman Flamenbaum. Commissioner Li
arrived at 7:12 p.m.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Bill Curley, Deputy City Attorney Craig Fox, and
Contract Secretary Liz Myers.
CONTINUED
Chair/Flamenbaum questioned if the Planning
PUBLIC HEARING:
Commission is able to conduct public hearings since
the City does not officially have an operative
CUP 92-05 &
General Plan.
DR 92-02
CD/DeStefano explained that the City Clerk had
announced last Monday that the referendum petition
was invalid, therefore, the General Plan
automatically comes into effect, once again.
Chair/Flamenbaum asked the Deputy City Attorney if
the Planning Commission has notice to proceed.
DCA/Fox stated that, to his understanding, with the
City Clerk's determination, the City is obligated
to proceed.
AP/Searcy presented the staff report on Conditional
Use Permit 92-05/Development Review 92-02. The
project is an application for the removal of the
existing gas service station, to be replaced with
an AM/PM mini mart, selling both gas and alcohol
beverages. This public hearing was continued to
September 28, 1992 from the Planning Commission
meeting of September 14, 1992. The suspension of
the General Plan necessitated continuances of other
projects as well, which precede this project
application. Therefore, staff requested a
continuance of this application, to the meeting of
October 12, 1992, with the concurrence of the
applicant.
C/Meyer inquired if the applicant is in concurrence
with the continuance.
The applicant has concurred.
September 28, 1992 Page 2
Motion was made by C/Meyer, seconded by
VC/MacBride, and CARRIED UNANIMOUSLY to continue
CUP 92-05/DR 92-02 to the meeting of October 12,
1992.
Planned Sign PT/Lungu presented the staff report on Planned Sign
Program No. 92-01Program No. 92-01, located in the Sunset Village
Shopping Center at 1241 S. Grand Avenue. The item
was continued to September 28, 1992 at the
September 14, 1992 Planning Commission public
hearing, due to the suspension of the General Plan.
Staff is requesting that the item be continued to
the meeting of October 12, 1992, with the
concurrence of the applicant.
C/Meyer inquired if the applicant is in concurrence
with the continuance.
The applicant has concurred.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to continue Planned Sign
Program No. 92-01 to the meeting of October 12,
1992.
CUP 89-528 & AP/Searcy presented the staff report regarding the
DR 92-03 request on an amendment to Conditional Use Permit
89-528 and Development Review 92-03, to allow the
development of a Burger King restaurant with drive
through facilities. The item was continued by the
Planning Commission on the July 13, 1992 meeting.
Staff and the applicant have worked on the
following concerns raised by the Planning
Commission: parking and circulation; the trash
enclosure; the pedestrian access; signage; and
compliance with existing standards. The Planning
Commission's packet contains the revised site plan.
He then summarized the changes made, as well as the
changes suggested by staff, as indicated in the
staff report. It is recommended that the Planning
Commission approve the proposed amendments to CUP
89-528, DR 92-03 with the findings of Fact and
conditions as listed within the attached
resolutions.
C/Meyer made the following suggestions: if the
island, and the sidewalk, is to be removed, then
some of that area should be turned into landscaping
so as to give a visual designation of where the
drive approach should be; widen the planter to 3
1/2 feet, to serve the dual purpose of a wheel stop
and reduce the amount of impervious material by
increasing the landscaping; include stamp concrete
at the stop area for the drive through where it
September 28, 1992 Page 3
intersects with drive out to Brea Canyon to
encourage stopping at that point; and use a heavy
metal gate, with metal decking, on the trash
enclosure.
AP/Searcy, in response to C/Meyer's inquiry
regarding signage, explained that signage for this
project was approved as a MacDonald's restaurant,
but it is now being revised by the applicant, and
reduced on the MacDonald's site. Additionally, the
freeway oriented sign, approved with 480 square
feet of signage, is now being proposed at
approximately 336 square feet. The applicant is
also revising the aesthetics of the sign by
removing a canopy. The signing program approved
originally complied with the code requirements in
effect at that time.
C/Meyer inquired if the original approval exceeds
the current standards, since the sign ordinance has
subsequently been modified.
AP/Searcy stated that the monument sign, located
adjacent to the median on Grand Ave., with a 10 x
10 foot facia on top of a two foot pedestal would
not be approved under the existing code without a
variance. The maximum square footage is a 72
square foot monument sign. The address numbers on
the free standing signs, and on the buildings, will
be included to concur with the existing sign
ordinance.
C/Meyer suggested that, if this project is
approved, it would be appropriate to have those
additional types of conditions specifically
included in the Resolutions.
VC/MacBride inquired why the medians on Grand Ave.
should be removed.
AP/Searcy explained that one of the requirements of
the Fire Department is that there be 26 feet of
unobstructed driveway aisle. However, staff did
not receive a definitive response from the Fire
Department, therefore, staff and the applicant
sought to preclude any problems that may follow, by
removing the medians to comply with the
requirements of the LA County Fire Department.
VC/MacBride indicated that he was under the
impression that the 26 foot requirement is for
traffic in both direction. He requested staff to
verify the requirement before making the decision
to remove the median.
September 28, 1992 Page 4
C/Meyer also noted that the driveway is too wide.
The median would have to go out to the curb face
because the Road Department specifies that it can't
be over 30 feet.
Chair/Flamenbaum inquired why the concrete
sidewalk, coming from the east down to the Burger
King, has to be eliminated.
AP/Searcy stated that the City Engineer has
determined that the grade differential, from Grand
Ave. to that point of ingress, is such that the
sidewalk would not comply with the UBC requirement
for grade change, whether or not there are steps,
or a landing.
The Public Hearing was declared opened.
Charles Cobb, the Burger King franchisee, stated
that he does not have any problems with the
suggested changes made by staff. He made the
following responses to Chair/Flamenbaum's
inquiries: he would not object to reducing the 44
foot width of the driveway; he will ask his
engineer to consider some sort of walkway coming
from the east down to the Burger King; he has no
problem with adding pavers by the stop area at the
drive through exit; and he does not object to using
a metal gate for the trash enclosure. He then
inquired if the actual square footage for the
freeway oriented sign has been reduced from what
was approved for MacDonalds.
AP/Searcy stated that the freeway oriented sign
submitted in the plans is reflected in the staff
.report as a reduction from 480 square feet to 330
square feet. Staff concurs with the sign as
proposed in these plans.
Charles Cobb stated that they had not intended to
reduce the sign, and requested that they be allowed
to maintain the same size of the previous sign
originally approved for MacDonalds.
AP/Searcy explained that the sign approved
specifically for MacDonalds was a 100 square foot
monument sign at the entrance on Grand Ave. This
sign, that is submitted for the freeway oriented
sign, was a sign approved for the whole center,
which was 480 square feet that would have listed
the car wash, the Honda, and the then MacDonalds.
The car wash has been omitted from the sign.
September 28, 1992 Page 5
Charles Cobb stated that the car wash had indicated
that they were not interested in having a freeway
oriented sign. Mr. Hand assumed that the total
amount of signage would then be able to be split
between the Honda Dealership, and Burger King.
They would like to be able to take advantage of the
480 square foot sign previously approved. The sign
would sit on the overall parcel of land that has
been subdivided.
Chair/Flamenbaum, noting that the present plans
indicate a completely different sign than what is
now suggested, explained that the Planning
Commission would have to continue the meeting in
order to allow the applicant to resubmit a revised
sign plan.
C/Meyer stated that the freeway sign is an off site
sign, and off site signs are not usually permitted.
It is a standard requirement to advertise your
business on the same parcel of land on which it is
constructed. The land that the sign is on can be
sold individually to another land owner.
AP/Searcy noted that the lot cannot be developed
with anything else other than that sign per the
existing CUP. Staff would concur with the sign as
submitted in these plans.
CD/DeStefano advised that if the applicant desires
a larger sign than what is presently before the
Commission, then the applicant should suggest that
this matter be continued to the next meeting for
discussion of the merits of the applicant's desired
signage.
Charles Cobb stated that he would prefer the
Commission to proceed, and that he withdraws his
earlier comment.
Chair/Flamenbaum inquired if there was any
discussion about reducing the surface area of the
parking lot, it's material, and reflectivity.
AP/Searcy stated that there was no specific
discussion. Because of the increased sidewalk, and
the driveway aisles, to comply with fire department
standards, the overall landscaping was reduced in
some areas. The entrance to the site on Grand Ave.
has been revised, reducing the landscaping in that
area, as well. However, deleting the concrete
sidewalk, and narrowing the entrance, would
increase the landscaping once again. This is the
September 28, 1992 Page 6
most landscaping staff thought possible, and still
have it comply with standards.
Hearing no further testimony, the Public Hearing
was declared closed.
C/Grothe made the following comments: there should
be an entrance statement made on Grand Ave.; he
doesn't like the sidewalk pedestrian circulation
plan, with sidewalks leading nowhere; the sidewalk,
on the southside nearest the car wash, should be
removed; there should eventually be a sidewalk that
will lead to the proposed car wash; there should be
pavers at the stop sign; the pavers throughout the
project will help slow down people; and he is
concerned that the lighting on the drive through
aisle is minimal on the backside of the building.
C/Meyer made the following comments: he concurred
with a need for an entry statement, and the removal
of the median; heavy landscaping should be used to
clearly define the driveway; the Resolution of
approval should indicate the land use generically
rather than specifically naming Burger King; the
drive approach should be reduced; the trash
enclosure gate should be metal; the signs, on Grand
Ave. and Brea Canyon, should have addresses; and
there should be some sort of a restriction made in
terms of the off site signage whereas the signs
should only advertise those businesses that are on
the parcel. Though the original concept of this
project was to advertise the center, it no longer
does so, but rather now advertises two businesses,
both off site.
C/Grothe stated that he would like to specifically
exclude the lot, that the sign sits on, from the
approval, because, to his recollection, the
existing CUP does not preclude any type of
development on that lot.
DCA/Curley explained that the design of the
original Resolution contemplated ultimate
development, however, it was precluded without
coming back and doing a CUP amendment. The signing
issues would get tied into whatever land use was
being allocated to that remaining site.
C/Grothe stated that, if the parcel numbers that
can be advertised are to be spelled out, then he
would like that particular parcel number excluded
so as to avoid it turning into a billboard with 12
tenants listed. The sign was to advertise just the
three major tenants.
September -28, 1992 Page 7
VC/MacBride concurred with the following: there
should be a condition that deals with the concerns
regarding this off site sign; there may need to be
an additional lighting standard; and the trash
enclosure gate should be made of solid metal with
metal decking rather than of wood.
C/Grothe suggested that the lighting condition in
the Resolution be amended to read "minimum" instead
of "average".
Chair/Flamenbaum suggested that there be a
condition added indicating that every effort should
be made to install and maintain some sort of
sidewalk from Grand Ave. down to the restaurant
area.
C/Grothe suggested that the applicant be asked to
maintain about 4 feet of flat, mowed, grass
landscaping next to the curb as an alternative if
the sidewalk cannot be achieved.
Motion was made by C/Meyer, seconded by C/Grothe
and CARRIED UNANIMOUSLY to direct staff to prepare
the Resolutions of Approval for CUP 89-528 and DR
92-03, incorporating all the issues that remain
outstanding, and all the conditions as stated by
the Commission, to be brought back to the next
meeting for the Commission's consideration.
Chair/Flamenbaum recessed the meeting at 8:22 p.m.
The meeting was reconvened at 8:40 p.m.
DR 92-04 PT/Lungu presented the staff report regarding the
request by the applicant, Food -4 -Less and Landsing
Pacific Fund, for Development Review approval to
remodel the exterior of Alpha Beta and Shop
Building 14, located in the Country Hills Towne
Center. She presented a slide show of the partial
remodeling done to the shopping center in April of
1988, and reviewed the currents plans for the
proposed remodeling of the Alpha Beta and Shop
Building 14, as indicated in the staff report. It
is recommended that the exterior remodeling of the
shops be completed at one time, not in two phases
as indicated by the applicant. Staff recommended
that the Commission approve DR No. 92-04, with the
Findings of Fact and conditions, as listed within
the attached resolution.
CD/DeStefano stated that, upon the detailed review
of the resolution, by the City Attorney, staff has
provided a modified resolution for the Commission's
consideration. The modified resolution clarifies
September 28, 1992
Page 8
some of the legal aspects of the resolution, and
does not significantly change any of the conditions
of approval outlined.
The Public Hearing was declared opened.
Bart Porter, representing Food -4 -Less and Landsing
Pacific Fund, stated that they agree to do the
exterior remodeling of the Alpha Beta, the shops
located at the south side of Alpha Beta, facing
Diamond Bar Blvd., and the shops facing Cold
Springs Lane, as indicated in their plans, and they
do not intend to phase the project, as was
indicated by staff. He requested that condition
5.(c) be amended because they do not plan on adding
awnings to the whole center.
Hearing no further testimony, the Public Hearing
was declared closed.
Motion was made by C/Meyer, and seconded by
C/Grothe to approve DR No. 92-04, with the Findings
of Fact and conditions, as listed within the
Resolution, changing condition 5.(c) to indicate
that "The Applicant shall not add awnings to all
existing towers to match the proposed tower with
awnings.".
C/Grothe suggested that the applicant be asked to
provide the City with a circulation study and an
entrance study, with suggestions made as to what
can be done to improve the entrance into the Towne
Center.
Chair/Flamenbaum pointed out that it may be more
appropriate to request such a study as part of the
next application, rather than from a request for an
interior/exterior remodeling project.
PT/Lungu reported that the applicant has proposed
flat tiles, on the roof facing Cold Springs Lane,
and s -shaped tiles for the roof facing Diamond Bar
Boulevard.
Chair/Flamenbaum declared the Public Hearing open
to allow the applicant an opportunity to respond.
Bart Porter explained to the Commission that the
owners are not financially capable of installing s -
shaped tiles throughout the project, at this time.
Cyrus Jilari, of Ridell Corporation, explained that
it is not just a matter of replacing the tiles for
the shops located at the south side, but that the
September 28, 1992 Page 9
whole roof would have to be removed. He stated
that it would be more economically feasible to
leave the mansroof as it is currently.
C/Grothe stated that he would prefer that the
center have the same appearance throughout.
Bart Porter indicated that the owners would not be
able to do the remodeling if such a condition was
requested.
Hearing no further testimony, the Public Hearing
was declared closed.
The Commission voted upon C/Meyer's Motion to
approve DR 92-04, with the Findings of Fact and
conditions, as listed within the Resolution,
changing condition 5.(c) to indicate that "The
Applicant shall not add awnings to all existing
towers to match the proposed tower with awnings.".
AYES: COMMISSIONERS: Meyer, MacBride, and
Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe and Li.
ABSTAIN: COMMISSIONERS: None.
The Motion CARRIED.
ZCA No. 92-02 Zoning Code Amendment No. 92-02 (Hillside
Management Ordinance): Continued from September 14,
1992.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
CD/DeStefano introduced Horst Shorr who is engaged
by the City to rewrite the existing Hillside
Management Ordinance, incorporating landform
grading techniques.
Horst Shorr gave a slide presentation comparing
traditional grading techniques to landform grading.
Landform grading and proper revegetation is used to
mimic nature with a variety of swales and
ridgelines. It is a more aesthetic approach to
Hillside Developments that is becoming more
popular, and requires both the Planning and
Engineering Department to work together. In
response to Chair/Flamenbaum, he indicated that he
would be willing to make suggestions to help
landscape existing slopes, such as at the Gateway
Corporate Center, so that it is more aesthetically
pleasing.
September 28, 1992
ZCA 92-03
OLD BUSINESS:
Planning
Commission
Policy No. 92-1
INFORMATION:
Page 10
Motion was made by Chair/Flamenbaum, seconded by
C/Grothe and CARRIED UNANIMOUSLY to continue the
matter to the meeting of October 12, 1992.
CD/DeStefano stated that it is recommended that ZCA
92-03 be continued to October 12, 1992.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to continue the matter to
the meeting of October 12, 1992.
PT/Lungu presented the staff report regarding the
Commission's request for Policy No. 92-1, dealing
with the distance between a main structure and a
pool/spa. It is recommended that the Commission
approve Planning Commission Policy No. 92-1.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to approve Planning
Commission Policy No. 92-1.
Status of AP/Searcy reported that the item will be brought
Fence/Wall Policyback for the Commission's consideration in 30 days.
ANNOUNCEMENTS: C/Li, explaining that he has received some
complaints from general public contractors,
Commission suggested that a part time, or a temporary
assistant, be hired to help alleviate the numerous
applications coming before the Planning staff.
CD/DeStefano explained that, because of the
referendum, there is a back log of applications.
The City does utilize the help of contractors on
certain projects, when needed. The City,
presently, does not have the funds to hire City
staff.
Chair/Flamenbaum stated his concern that there is
poor communication between the Commission and the
City Council on issues pertaining to the City.
C/Li suggested that the Commission make a
recommendation to the City Council that there needs
to be a method of improving the line of
communication.
September 28, 1992 Page 11
Chair/Flamenbaum stated that he will draft a
letter, for the Commission's consideration at the
next meeting.
Staff CD/DeStefano reported that staff is currently
providing the City Manager with an occasional
memorandum, that summarizes new and on-going
projects. This memorandum can be provided to the
Commission, if so desired. A sub -committee could
also be developed that would preview, with the City
Council, larger projects, code amendments, etc.,
and report back to the full Commission.
ADJOURNMENT: Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to adjourn he meeting at
10:40 p.m.
Respectively,
/s/ James DeStefano
James DeStefano
Secretary
Attest:
lsl Bruce Flamenbaum
Bruce Flamenbaum
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
SEPTEMBER 10, 1992
CALL TO ORDER: Chairman Chavers called the meeting to order at
6:34 p.m. at the South Coast Air Quality Management
District Room, 21856 East Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Commissioner Cheng.
ROLL CALL: Commissioners: Ury, Cheng, Beke, Vice Chairman
Gravdahl, and Chairman Chavers.
Also present were Associate Engineer David Liu,
Administrative Assistant Tseday Aberra, Sergeant
Rawlings, and Contract Secretary Liz Myers.
MINUTES:
Aug. 13, 1992 C/Ury requested the following amendments to the
minutes: page 1, Commission Comments, should
indicate that he had expressed disappointment that
the Commission had recommended against the medians
on Golden Springs; page 5, to reflect the proper
spelling of "past"; page 8, ninth paragraph, to
change "curve" to "curb"; and page 8, last
paragraph, to read".. participation program, if
feasible,...".
Motion was made by C/Beke, seconded by C/Ury and
CARRIED to approve the Minutes of July 11, 1992, as
amended. VC/Gravdahl abstained because he was not
present at that meeting.
COMMISSION C/Ury inquired if anything is being proposed to
COMMENTS: improve the lines marking the left turn from
Diamond Bar Blvd. to Grand Avenue.
AE/Liu stated that staff is considering improving
that intersection as part of the Grand Ave.
Rehabilitation Project.
C/Beke requested an update to the 3 way stop sign
at Pathfinder and Brea Canyon Road. The 3 way stop
would be beneficial during construction.
AE/Liu explained that, because the County has
indicated that the Pathfinder Bridge widening
Project was scheduled in November, staff had
decided to put that project on hold. City Council
has recently authorized staff to go ahead with the
installation of the 3 way stop. A signal is
included with the bridge project.
VC/Gravdahl informed staff that one of the "No
Parking Signs" at Diamond Point School, at the
drive closest to Del Sol Lane, has been knocked
down. He requested that another sign be ordered.
September 10, 1992 Page 2
C/Cheng stated that her neighbor has commented that
there are not a sufficient number of school bus
stops for the children in "The Country".
AE/Liu stated that this concern should be addressed
to the School District, and "The Country".
Chair/Chavers suggested that staff advise CalTrans
that the Red Umbrella Restaurant, at the Diamond
Bar Blvd. off ramp at the 60 freeway, has attached
one of their signs to a "Do Not Enter" sign within
CaltTrans right of way.
CONSENT CALENDAR:Chair/Chavers requested that item A be pulled from
the Consent Calendar to allow public comment on the
issue.
Motion was made by C/Ury, seconded by VC/Gravdahl
and CARRIED UNANIMOUSLY to approve item B, of the
Consent Calendar, as recommended by staff.
AYES: COMMISSIONERS: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
Remove red
AA/Aberra presented the staff report regarding the
curbing
request made by Canyon Park Homeowners Association
Silver Hawk/
to remove approximately 200 feet of red curb that
Diamond Bar
currently exists on Silver Hawk Dr. at Diamond Bar
Blvd.
Boulevard. Staff views the red curb on Silver Hawk
Drive as an attempt to provide clear visibility,
and to minimize potential safety hazards that may
be created as vehicles noticeably increase their
speed when approaching Diamond Bar Boulevard. The
stopping, starting, and backing of vehicles at the
subject arelL during the parking maneuver physically
restricts other traffic movements. It is
recommended that the Commission deny the request to
remove the red curb on Silver Hawk Drive at Diamond
Bar Boulevard.
Kim Reuland, residing at 2306 Shady Hills Dr.,
representing the Canyon Park Homeowners
Association, stated, at the time of the request,
the Association did not realize that the red
curbing was installed to provide clear visibility.
She then inquired if there was a way to prevent the
church members from driving into their private
property area in order to find another outlet.
September 10, 1992 Page 3
C/Beke suggested that staff be directed to
judiciously place a "Not A Through Street" sign.
C/Ury suggested that the Association consider
posting signs at the driveways as well.
Motion was made by C/Ury, seconded by C/Beke and
CARRIED UNANIMOUSLY to recommend the placement of a
"Not A Through Street" sign on Shady Hills Drive.
AYES: COMMISSIONERS: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
Motion was made by C/Beke, seconded by VC/Gravdahl
and CARRIED UNANIMOUSLY to accept staff's
recommendation to deny the request to remove the
red curb on Silver Hawk Drive and Diamond Bar
Boulevard.
AYES: COMMISSIONERS: U ry, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
Chair/Chavers called a recess at 6:50 p.m. upon the
request of the AQMD to vacate the premises.
The meeting was reconvened at 7:07 p.m. at the City
Hall Conference Room.
OLD BUSINESS:
Uniform Analysis
AA/Aberra reported that, pursuant to the
Standard for
Commission's direction, at the August 13, 1992
Crossing Guard
meeting, requesting staff to research the
Service
feasibility of developing a uniform warrant
analysis standard for crossing guard services,
staff has obtained the services of Austin -Foust
Associates, Inc., traffic engineer consultant, to
study and bring back the findings before the
Commission. The report by Austin -Foust Associates,
Inc. is attached to the staff report. Staff has
also invited the Walnut Valley and Pomona Unified
School Districts, pursuant to the City Council's
direction of September 1, 1992, to attend this
meeting. It is recommended that the Commission
review and discuss the report submitted by Austin -
Foust Associates, Inc. and solicit comments from
both School Districts.
September 10, 1992 Page 4
Chair/Chavers explained to Joanne Leon,
representative from the Pomona Unified School
District (PUSD), and Clyde Evans, representative
from the Walnut Valley Unified School District
(WVUSD), that the City has had a number of needed
school crossing guards. The public has indicated
that they need crossing guard services regardless
of whether or not the CalTrans warrant standards
are met. The Commission requested staff to have
the traffic consultant give some input as to more
conservative school crossing guidelines. He
welcomed the School District's representatives to
also give input with regard to the use and
application of crossing guards, and how they are
warranted.
Clyde Evans stated that he has not had an
opportunity to talk with any of the school
principals as of yet. He asked that this
discussion be deferred to the next meeting.
C/Ury noted that it was also recommended that any
new, unwarranted crossing guards could be allowed,
as long as the school districts provided the funds
for them.
Joanne Leon passed around a copy of a section from
the California Education Code pertaining to
responsibility for crossing guards. She stated
that, upon contacting the principals at the
schools, the following comments were made: the
principal at Diamond Point has indicated that a
crossing guard and a light at Golden Springs and
Sunset Crossing is sufficient; the principal at
Lorbeer Junior High School would like a crossing
guard for the corner of Diamond Bar Blvd. and
Golden Springs; the principal at Armstrong
Elementary stated that a signal is needed at
Prospectors and Golden Springs Blvd., or Prado and
Golden Springs Blvd., and that neither location is
safe enough for a crossing guard, that no child can
cross Golden Springs Blvd. because there is no
crosswalk, and a stop sign is needed at Sunset
Crossing at Prospect; and the principal at Golden
Springs Elementary stated that though he has a
crossing guard at Meadow Falls and Golden Springs,
and E1 Encino and Prospect Valley, but he would
like another one because 95% of the students are
carpooled. Joanne Leon indicated that the cities
usually take the responsibility for crossing guards
because of traffic and traffic congestion. She
then noted that there had been some question as to
whether or not the counts were taken at the
appropriate times.
September 10, 1992 Page 5
Chair/Chavers stated that the recount verified the
initial results, and we know, undoubtedly, that the
count was taken during the appropriate student
times. He pointed out that if the City continues
to use CalTrans criteria, many of the schools would
lose their crossing guards, when the annual
counting program is done, because it will not meet
CalTrans warrants. He inquired what criteria the
school district uses in determining the need for a
crossing guard.
Clyde Evan stated that the County of Los Angeles
Department of Education put in the existing
crossing guards and funded them. The counting
criteria used is different than CalTrans.
C/Beke, in reference to the California Education
Code section, pointed out that the City does have
standards in place, so that portion is not
applicable. The code section goes on to state that
if the standards are not met, then there is no
obligation for the County or City to pay. He
stated that, besides receiving input from the
School Districts, the Commission needs to address
the issue of establishing the criteria to be used
for crossing guards, as well as the issue of the
nine existing crossings. The schools will be given
the opportunity to submit a list of locations that
they feel need crossing guards.
AE/Liu stated that staff will provide the
Commission, at the next meeting, with a list of the
existing nine locations with crossing guards, as
well as information of the pedestrian traffic
counts.
Clyde Evans, in response to Chair/Chavers,
explained that when the principal gets pressure
from the parents for a crossing guard, the School
District sends a letter to the authorized agency
requesting a crossing guard study. The Commission
may want to write a letter back to the district
stating that under our guidelines it does not
warrant a crossing guard. The school districts
hands are tied because it is the City's
responsibility to provide traffic control.
C/Ury stated that the Commission is looking into
lowering the criteria, and needs to determine how
far to do so and remain realistic about it.
September 10, 1992
Page 6
Chair/Chavers requested staff to provide the
Commission with the pedestrian counts of the
existing locations with crossing guards, as well as
provide the previously met warrants, if that
information is available.
Motion was made by Chair/Chavers, seconded by C/Ury
and CARRIED UNANIMOUSLY to table the item to next
month to allow staff and the school districts an
opportunity to work together, collect data, and
share information so that they can bring back a
recommendation in regards to crossing guard warrant
criteria, maintenance of the existing guards, and
the potential of new crossing guards as the schools
see them.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
None.
None.
Diamond Bar AE/Liu reported that the Commission approved red
Blvd./Fountain curbing the northerly curb of Fountain Springs Road
Springs between Diamond Bar Blvd. and Rising Star Dr. for
approximately 50 feet, and the installation of a
"One Way" sign in the median island on Diamond Bar
Blvd. as response to a possible visibility
restriction. The Commission also requested staff
to develop a "Right Turn Only" lane from the
southbound Diamond Bar Blvd. to Fountain Springs
Rd., and the relocation of the limit line currently
on Fountain Springs Road. It is recommended that
the Commission review the conceptual signing and
striping plan, as presented in the staff report,
from southbound Diamond Bar Blvd. to Fountain
Springs Road, and to direct staff as necessary.
Ren Anderson requested that the August 13, 1992
minutes be amended to indicate that the original
request was for 50 feet of red curbing "on the
southside". He stated that the southbound Diamond
Bar Blvd. bike lane and the "Right Turn Only" lane
do not coexist very well, and that he is not
anxious to have more traffic adjacent to his
property.
C/Beke pointed out that this design will not change
the through traffic patterns at all. It will
become an area of joint use.
C/Ury stated that he does not like the raised curb
in that particular area.
September 10, 1992 Page 7
C/Beke suggested striping the bike lane in a
definitive manner, to bring the stop bar out four
or five feet, and the median can be painted instead
of raised. The "Right Turn Only" lane shouldn't be
a problem. It could be designed the same as the
one at Diamopnd Bar Blvd. southbound at Golden
Springs.
AE/Liu, in response to C/Beke, stated that the only
thing that has been done is the red curbing on the
northside of Fountain Springs. Staff still needs
direction for the loading and unloading on the
southside of Fountain Springs. The owner of the
business complex, Dr. Cho, will be notified of the
Commission's final recommendation.
C/Ury requested staff to bring back the sketch,
that shows the limits of the striping, as a Consent
item.
Chair/Chavers clarified the direction to staff:
the bike lane would end on southbound Diamond Bar
Blvd., and the bicycles and right turn only would
share that facility; there is to be a painted
median on Fountain Springs Road, with the nose of
that painted median and an associated stop bar, out
five feet past the flow line; and then we would
continue the bike lane, as it is today, at the ECR
of Fountain Springs Road into southbound Diamond
Bar. Staff is to bring back a recommendation for
the southside of Fountain Springs.
Motion was made by Chair/Chavers, and seconded by
C/Beke to direct staff to take the information that
has been supplied, and come back with a sketch
showing the limits for the curb painting and the
striping for approval as a Consent item at the next
mgeting.
AE/Liu, in response to VC/Gravdahl, explained that
the location of the red curbing, on the northside,
has been determined to start from the ECR, on
Fountain Springs, going 50 feet westerly, just
short of the fire hydrant. ,
Ken Anderson stated that having the red curbing
stop short of the fire hydrant adds is confusing.
Chair/Chavers directed staff to also bring back a
recommendation to possibly extending that red curb
on the northside, along with the recommendation for
the southside.
September 10, 1992
Page 8
The Commission voted on Chair/Chavers Motion.
AYES: COMMISSIONERS: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
The Motion CARRIED.
"No Parking" Motion was made by C/Ury, seconded by C/Beke and
sign on CARRIED UNANIMOUSLY to continue the matter as
Fallowfield Dr. recommended by staff.
& Pasco Court
C/Ury suggested that items, recommended by staff to
be continued, should be placed on the Consent
Calendar.
NEW BUSINESS:
Stop sign on
AA/Aberra presented the staff report regarding the
Prospectors Rd.
request made by the residents of Fall Creek
at Fall Creek
Condominium complex to install stop signs on
Condominium
Prospectors Road at the condominium complex
entrance. It is recommended that the Commission
deny the request because it was determined that the
priority of traffic flow shall be given for those
travelling on Prospectors Road since it is a major
collector. It is further recommended that the
Commission approve the installation of the side
road sign (W -7A) on Prospectors Road in advance of
the condominium entrance driveway.
C/Beke questioned the appropriateness of that
particular sign for this particular location.
Linda Thorn, residing at 338 Prospectors Road #71,
inquired why a stop sign cannot be installed. The
visibility is restricted, exiting the complex,
because of the blind curve.
Chair/Chavers explained that there must be a
minimum amount of vehicles on Prospectors, and a
minimum amount of vehicles entering and exiting the
driveway, within an hour, in order to warrant a
stop sign. The Commission will discuss possible
solutions to the visibility restrictions.
C/Beke suggested that the item be continued to next
month to look at the possibility of channelizing
the traffic away from the driveway, as was done for
Cimmarron Oaks on Golden Springs Drive.
a-
September 10, 1992 Page 9
C/Ury, concerned with safety, suggested that the
item not be deferred, but that the Commission take
action, and make the recommendation. The signs
will probably be part of the solution, ultimately.
Linda Thorn, in response to Chair/Chavers,
indicated that she is not aware of any accidents,
but there has been a lot of near misses.
Motion was made by C/Beke, seconded VC/Gravdahl and
CARRIED to accept staff's recommendation to deny
the request to install stop signs and the W -7A
signs, and to direct staff to look at other signing
or channelization solutions to the problem.
AYES: COMMISSIONERS: Beke, Cheng, VC/Gravdahl,
and Chair/Chavers.
NOES: COMMISSIONERS: Ury.
ABSTAIN: COMMISSIONERS: None.
Sgt. Rawlings informed the Commission that Diamond
Bar recently purchased a "Parrot", a radar speed
trailer.
ITEMS FROM AE/Liu, in response to Chair/Chavers, stated that
COMMISSIONERS: staff has not received any response, from the
residents, in regards to the rumble strips placed
in the Summitridge area.
C/Beke stated his concern that there has not been
anything done to those intersections that have met
the warrants for signalization. The Commission had
recommended that at least one signal be funded
under the Capital Improvement Program.
Chair/Chavers requested staff to add this as a
Future Agenda Item for October 8, 1992, to include
the priority list, restating the warrant list.
C/Ury requested that the list also include those
intersections that were investigated, even if they
are not on the list.
ITEMS FROM Sgt. Rawlings informed the Commission that, for the
STAFF: first time in over a year, there was a traffic
fatality, last month, eastbound on Golden Springs
at Gateway Center Drive.
September 10, 1992
ADJOURNMENT:
Page 10
Motion was made by C/Beke, seconded by VC/Gravdahl,
and CARRIED UNANIMOUSLY to adjourn the meeting at
8:50 p.m.
Respectively,
/s/ David G. Liu
David G. Liu
Secretary
Attest:
/c/ Todd Chavers_
Todd Chavers
Chairman
r
CITY OF DIAMOND BAR
MINUTES OF THE PARKS AND RECREATION COMMISSION
SEPTEMBER 24, 1992
CALL TO ORDER: Chairman Ruzicka called the meeting to order at
7:15 p.m. at the AQMD, Room CC -3, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Vice Chairman Plunk.
ROLL CALL: Commissioners: Medina, Whelan, Vice Chairman
Plunk, and Chairman Ruzicka. Commissioner Schey
was absent.
Also present were Parks and Recreation Director Bob
Rose, Recreation Supervisor Marla Pearlman, and
Contract Secretary Liz Myers. Administrative
Assistant Kellee Fritzal arrived at 7:40 p.m.
APPROVAL OF
THE MINUTES:
July 23, 1992 Chair/Ruzicka requested that the minutes of July
23, 1992 be amended on page 4 to indicate "portable
pitchers mounds".
Motion was made by VC/Plunk, seconded by C/Medina
and CARRIED to approve the Minutes of July 23,
1992, as amended. C/Whelan abstained.
Aug. 27, 1992 Chair/Ruzicka requested that the minutes of August
27, 1992 be amended on page 4 to reflect the proper
spelling of "secure".
Motion was made by VC/Plunk, seconded by C/Whelan
and CARRIED UNANIMOUSLY to approve the Minutes of
August 27, 1992, as amended.
Sept. 10, 1992 Motion was made by C/Whelan, seconded by VC/Plunk
and CARRIED to approve the Minutes of September 10,
1992, as presented. C/Medina abstained.
OLD BUSINESS:
Parks Master Chair/Ruzicka stated that several tasks were
Plan assigned to the Commissioners, at the September 10,
1992 meeting, in an effort to gather information
for the development of a Parks Master Plan.
VC/Plunk and C/Medina are working together to
research the Inventory of Sites/Facilities. Pat
Whelan is researching the Program Inventory, and
C/Schey is researching the Parks Standards. In
addition, staff has ordered several books on the
guidelines and standards for park development.
The Commissioners will provide a brief update to
their assigned task.
September 24, 1992
Page 2
VC/Plunk stated that the map, she received from
Dave Meyer, indicates facilities outside the City.
She requested further direction from the Commission
as to whether the Commission would like to include
colleges and universities, golf courses, parks,
other points of interests (Disneyland, Knotts Berry
Farm, Anaheim Stadium, Movieland Wax Museum, etc),
and shopping centers, as well as the breakdown for
each area.
The Commission concurred that each area should be
included in the Inventory, with the following
breakdown:
o Shopping Centers - include specialized
recreational facilities (such as theaters, ice
skating/roller skating rinks, etc.)
o Colleges and Universities - include swimming
pools, auditoriums, cultural facilities,
planetariums, and horse facilities.
VC/Plunk inquired as to how far, outside the City
limit, should these facilities be included. She
also inquired how detailed the Commission would
like the park inventory to be for facilities, and
equipment, within the City.
PRD/Rose distributed a handout, from the
Recreational Park and Open Space Standards and
Guidelines, indicating the suggested facility
development standards. He stated that the
inventory of equipment should be very detailed and
include such items as the number of picnic tables,
swings, drinking fountains, etc. C/Schey will make
the recommendations based upon the standards and
guidelines. VC/Plunk and C/Medina will outline
what is existing. In response to C/Medina, he
concurred that the list should include what is
available for both private and public facilities.
C/Medina suggested that dance studios be included.
C/Whelan stated that he would be willing to talk
with the Scouting Organization to see if they would
be interested in doing an inventory for the parks
within the City.
VC/Plunk presented staff with a survey, To Dear
California Parent: Children's Outdoor Recreation
Survey, sent out by State of California Department
of Parks and Recreation. She then explained that
she and C/Medina plan on color coding the map, and
numbering them, so they can be referenced by
category, to include the subcategories as well.
She thanked the Commission for their direction.
September 24, 1992 Page 3
C/Whelan indicated that he has been in contact with
the City of Anaheim and Walnut, and has received a
lot of information regarding the surrounding areas
of Anaheim, including Senior Citizens programs. He
is in the process of developing a matrix.
Chair/Ruzicka stated that he, and PRD/Rose, have
been working on contacting the Dean of Urban
Development Department at Cal Poly Pomona. It is
hoped that he will be able to attend one of the
Commission meetings in the near future.
PRD/Rose stated that he has received, from the
National Recreation Park Association, a video tape
called "Park Master Planning: A Participatory
Process". He suggested that the Commission view
the tape individually, or by committee.
The Commission decided that VC/Plunk and C/Medina
would view the tape first, then Chair/Ruzicka,
C/Whelan, and C/Schey.
PRD/Rose stated that the Recreational Park and Open
Space Standards and Guidelines book will be
available at City Hall. It will be beneficial to
C/Schey in establishing the community guidelines
and standards. We will be able to compare our
inventory, from those standards, and develop our
goals.
NEW BUSINESS:
Athletic Facility A petition is being circulated in the community by
Petition a local youth sports organization regarding the
condition of athletic facilities in Diamond Bar,
particularly Peterson Park. Staff has reviewed
different strategies to improve athletic facilities
in the parks. It is recommended that the
Commission seek the input of local youth sports
organizations regarding their concern with City
park athletic facilities, and to direct staff as
necessary.
Chair/Ruzicka stated that the Commission welcomes
comments and suggestions from the community.
Charlene Goff, residing at 3376 Falcon Ridge Rd.,
with F.C. International Soccer, stated that the
input being received, from the people signing the
petition, is the concern of the condition of the
parks in the community. Though the condition of
Peterson Park, this year as compared to last year,
has greatly improved, the park still needs a lot
September 24, 1992
Page 4
more work. More playing fields throughout the
community need to be made available.
C/Whelan requested support from F.C. International
Soccer, and the different sports organizations, in
the community, to support the Safe Parks Act, to be
on the November ballot, that will bring funding to
the City so that fields can be put in Pantera Park,
and so other facilities within the community can be
upgraded or completed. The Commission is trying to
be innovative to create more fields and upgrade
existing parks. Input from the community is very
much appreciated.
Charlene Goff stated that they will include an
article, regarding the Safe Parks Act, in their
monthly newsletter. In response to Chair/Ruzicka,
she explained that the competitive leagues review
the field sizes and the field conditions that the
soccer groups are playing on, and regulation size
fields must be used. The organization has pushed
to have the 65, x 100, field, currently being used
at Peterson Park, be accepted by the league. A
regulation size soccer field is 70, x 1101.
John Luttrell, residing at 1469 Rolling Knoll Rd.,
with F.C. International Soccer, stated that the
current fields are too small, which includes the
fields by the Little League fields, Maple Hill, and
at Quail Summit.
Chair/Ruzicka suggested that staff send a letter to
all the sports organization soliciting their
support to the Safe Parks Act, Proposition A, and
encouraging their input. If the bond is passed,
$1.4 million dollars would be dedicated towards the
development of Pantera Park, and $540,000 will be
used as discretionary funds.
John Luttrell stated that they are in desperate
need of practice fields. Allocating some of the
funds for lights would help towards the problem.
C/Whelan explained that the Commission has
prioritized items that are considered top priority,
to be done when money becomes available. Lights
are on that list. He then inquired if it would be
feasible to cover unused asphalt areas with dirt
and turf, as temporary fields.
PRD/Rose indicated that it would be very costly to
do so. He stated that the City plans to increase
the maintenance at Peterson Park by treating the
clay to reduce run off, and aerate it so that more
September 24, 1992
OLD BUSINESS:
Page 5
water is absorbed. The plan is also to overseed
with Bermuda grass.
C/Plunk thanked the organization for their effort
in voicing their concerns. The City plans on
improving the facilities beyond their present
condition. It would be helpful if F.C.
International helped the Commission build support
for whatever mechanism is determined to be
appropriate. She stated that she has voter
registration forms available, for the parents, if
needed.
John Murphy, residing at 171 N. Rock River Dr.,
with FC International Soccer, pointed out that
there may be funds available through AYSO, though
their interest is more at Pantera Park.
C/Whelan inquired if it would be appropriate for
the Commission to set up a table at some of the
different shopping centers to give out information
regarding Proposition A as a way to solicit support
from the community. The Commission needs to show
their support to Proposition A.
AA/Fritzal explained that, because the Commission
is not a political action committee, the Commission
can not solicit votes. The subject can be
discussed individually, but not collectively as a
Commission.
C/Medina suggested that there be a press release
that indicates that Proposition A is being
supported by the Commission, as well as the list of
other groups supporting it.
Chair/Ruzicka noted that
sports organizations
Commission, therefore
Proposition A.
the letter sent out to the
can be signed by the
showing support to
PRD/Rose suggested that it could be possible for
individual Commission members to become supporters
of the "Yes on Proposition A" committee.
Senior Staff met with the City Council Senior Citizen
Sub -Committee Subcommittee to review action plans of the Park and
Update Recreation subcommittee and to set goals to meet
the mission of the subcommittees.
Chair/Ruzicka requested an update from the Senior
Citizen subcommittee of the Commission.
September 24, 1992 Page 6
VC/Plunk reported that the subcommittee met,
informally, with the residents of the Heritage Park
Apartments, following the City Council subcommittee
meeting. The residents had the following concerns:
transportation difficulties; they desire to vote
and would like either a polling place at the
complex, or a shuttle to transport them off site;
and, because of their fixed incomes, they inquired
if the City would donate the emergency preparedness
class to them. Mr. Gravdahl, of the TTC, suggested
that the Commission boost the shuttle ridership for
special events.
PRD/Rose stated that the City Council subcommittee
has indicated that they agree with the Commission's
subcommittee's goals and their direction, and would
like to set a meeting. However, staff must first
meet with Commission's subcommittee, before meeting
with the City Council subcommittee and the public.
NEW BUSINESS:
Concession Stand The policies, regulations, and procedures need to
Use Policy be established in anticipation of the completion of
the Peterson Park Concession stand. It is
recommended that the Commission review and comment
on the policies, regulation and procedures, and
recommend adoption by the City Council.
PRD/Rose, in response to C/Whelan's inquiry
regarding individual usage of the facilities,
stated that there is a provision that the primary
user of the facilities will receive primary use of
the concession stand. The possibility of other
uses would have to be negotiated with staff, and
the user group subcommittee of the Commission.
C/Whelan indicated that the policy needs to address
how the concession stand use will be negotiated
between the primary user and another group that
comes in to use it intermittently. It also needs
to address who is responsible for the equipment
within the concession stand.
AA/Fritzal explained that the City is responsible
for the equipment it puts in, and the user groups
are responsible for any equipment they bring in.
VC/Plunk stated that the policy needs to specify
that the user groups would be responsible for the
contents within the refrigerator/freezer, if it was
to breakdown.
September 24, 1992
Page 7
Chair/Ruzicka suggested that the word "use" be
amended to "user" in 2.a. of the Policy.
PRD/Rose, in response to C/Whelan, stated that
staff will check with the Risk Manager to determine
if there should be a restriction of age for those
working in the concession stand.
C/Whelan suggested that the user groups be
requested to donate a percentage of their profit,
to go towards the Park Enhancement Program. The
user groups should also be asked to assure that the
bathrooms are kept clean and well stocked.
Chair/Ruzicka, in regards to C/Whelan's suggestion
to request a donation, pointed out that City has
ample opportunity to ask for that type of
assistance in other ways. The City could enlist
their support to raise a given amount of money for
a particular need, as opposed to asking them to
give from their small profits obtained from the
concession stand. He stated that he is not opposed
to the concept of raising capital, but rather the
requirement of making a donation for the use of the
concession stand. A $5.00 or $10.00 donation is
not a substantial amount towards $125,000 lights.
C/Whelan suggested that the user groups be told
that there is a fund set aside towards lights, or
whatever facility, so that if they want to make a
donation, they know where their donations would be
going.
VC/Plunk requested that the discussion, suggested
the City Council match the donations given by the
user groups, be put on the calendar.
AA/Fritzal stated that the non profit groups put
50% of their profits, from the concession stand at
the Concert in the Parks, into community.projects.
Chair/Ruzicka pointed out that these sports user
groups put 100% of their profit back towards their
community project.
VC/Plunk suggested that the idea first be discussed
with the user groups.
The Commission concurred to table the item until
the next meeting.
Schedule of Staff recommended that the November 26th meeting
Future Meetings and the December 24th meeting be rescheduled to
November 19, 1992 and december 17, 1992.
September 24, 1992 Page 8
Motion was made by VC/Plunk, seconded by C/Whelan
and CARRIED UNANIMOUSLY to accept staff's
recommendation.
INFORMATIONAL
ITEMS:
Recreation UpdateRS/Pearlman presented the staff report. A report
that summarizes the number of participants,
revenues, and expenditures, for a three month
period, will be made available at the next
Commission meeting. The Fall Recreation Program
registration is down from last year because the
fliers went out late, but it is anticipated that
enrollment will steadily increase. Fliers,
advertising the program, have been distributed
through the elementary schools, and will also be
distributed through local stores. Staff is
currently working with Jones Intercable to develop
a quality video regrading the recreation program.
Information on the sports leagues and the
recreation classes will also be distributed at the
Ranch Festival.
RS/Pearlman, in response to VC/Plunk, stated that
the biggest concern, for the Heritage Park program,
was the knowledge of the coaches, and the concern,
for Sycamore Park, was the parking.
VC/Plunk stated that she received some comments
regarding the concern for the heat of the day
during Saturday games, as well as how late the
games were running on Saturday nights.
PRD/Rose distributed, to the -Commission, the
results of the evaluation given at the last night
of the Concert in the Parks series.
VC/Plunk suggested that there be more handicapped
spaces, and a shuttle for the seniors. She
inquired when Jones Intercable broadcasted the
concerts.
PRD/Rose stated that perhaps staff will include, in
the program, a date as to when the concert is
scheduled to be broadcasted.
Chair/Ruzicka suggested that the Marine Corp Band
be asked to play for the Fourth of July Concert
series.
C/Whelan suggested that a Holiday Concert, held
during the day, be considered at Christmas time
next year.
September 24, 1992
Page 9
Chair/Ruzicka suggested that, since the concert
series are so popular, it may be a good idea to add
PRD/Rose stated that the phone will be in the
concession stand, and the primary user group will
have access to it.
Chair/Ruzicka stated that he will be available to
assist on any Parks Master Plan task.
ADJOURNMENT: Motion was made by VC/Plunk, seconded by C/Medina
and CARRIED UNANIMOUSLY to adjourn the meeting at
9:37 p.m.
Respectively,
/s/ Bob Rose
Bob Rose
Secretary
Attest:
/s/ Joe Ruzicka
Joe Ruzicka
Chairman
a couple of more concerts to the series.
Adopt -A -Park
PRD/Rose reported that the employees of the
Department of Corrections and Boy Scout Troop #737
are two groups that have expressed interest in the
Adopt -A -Park program.
VC/Plunk stated that Marie Gahm, with a
neighborhood by Sycamore Park, is also interested
in the program.
PRD/Rose, in response to Chair/Ruzicka, stated that
staff is currently developing a list of furniture
needs. Once completed, it will be sent to the
Diamond Bar Improvement Association (DBIA).
Ranch Festival
The theme of the 1992 Ranch Festival is "Festival
Update
of Friends".
ANNOUNCEMENTS:
C/Whelan inquired if there will be a phone at the
Peterson Park concession stand.
PRD/Rose stated that the phone will be in the
concession stand, and the primary user group will
have access to it.
Chair/Ruzicka stated that he will be available to
assist on any Parks Master Plan task.
ADJOURNMENT: Motion was made by VC/Plunk, seconded by C/Medina
and CARRIED UNANIMOUSLY to adjourn the meeting at
9:37 p.m.
Respectively,
/s/ Bob Rose
Bob Rose
Secretary
Attest:
/s/ Joe Ruzicka
Joe Ruzicka
Chairman
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. -57
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 26, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Exoneration of $4,000 Grading Security Bond for 23107 E. Ridgeline Road
SUMMARY: The City received a request from Mr. Hamendra Rana, the Owner of a single family residence
at 23107 E. Ridgeline Road, Diamond Bar. Mr. Rana has requested that the City release the $4,000 grading
security bond.
RECOMMENDATION: It is recommended that the City Council approve the release of the $4,000 grading
security bond retained for landscaping at 23107 E. Ridgeline Road.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X Other: Final Grading Certificate with Landscaping
Signed Off
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed _ Yes X M
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
446aitZ441 ,N
Terrence L. Belanger Geor e A.Wentz
City Manager 0 Inte m City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Release of $4,000 Grading Security Bond For 23107
E. Ridgeline Road.
ISSUE STATEMENT
This report requests the release of a grading security bond posted
with Los Angeles County for grading of a single family residence at
23107 E. Ridgeline Road.
RECOMMENDATION
It is recommended that the City Council approve the release of the
$4,000 grading security bond for 23107 E. Ridgeline Road. Further,
it is recommended that the City Clerk notify the Los Angeles
County, The Citicorp Savings and Mr. and Mrs. Rana of the City
Council's action.
FINANCIAL SUMMARY
This recommendation will have no financial impact on the City's
Fiscal Year 1992-93 budget.
BACKGROUND/DISCUSSION
In February, 1989 the County of Los Angeles issued the Owner Mrs.
Shachi Rana a grading permit for a single family residence at 23107
E. Ridgeline Road. Rough grading was approved by the City in
February 1990 and the building permit was then issued by the City.
Final grading was inspected and signed off subject to planting of
slopes in April of 1992, by the City of Diamond Bar's Public Works
Inspector. Slopes have now been planted and landscaping is in
place. At the October 20, 1992 City Council meeting, this grading
bond was reduced from $19,920 to $4,000 because the landscaping had
still to be inspected and signed off by the City. On October 20,
1992, the City's Associate Planner visited the subject site and
signed off on the landscaping. Therefore, the grading bond may now
be released.
The following listed surety bond needs to be exonerated:
Address: Lots 35 and 36 of Tract 30091
Bond Number: 040000588679
Principal: Hamendra T. Rana
Surety: Citicorp Savings, 18847 E.Colima Road, Rowland
Heights
Amount: 4 000
Prepared By:
Anne M. Garvey
i.X'/�-
rHTY OF DIAMOND 1"'--\,.R
21660 E. COPLEY DRIVE, SUITE IUU
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860-2489
SUPERVISED GRADING INSPECTION CERTIFICATE
JOB ADDRESS, 23107 E. Ridgeline, Diamond Bar, CA PERMIT NO.
OWNER Dr. Hamendra Rana
CONTRACTOR
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lots were installed upon competen-
and properly prepared base material and compacted in compliance with recuirements o_
Building Code Section 7010. I further certify that where the report or reports of a:
engineering geologist, relative to this site, have recommended the installation of buttres_
fills or other similar stabilization measures, such earthwork construction has bee-
completed in accordance with the approved design.
LOT NOS.
See report dated for compaction test data, recommended allowable soil
bearing values and other recommendations_
EXPANSIVE SOILS (YES) (NO) LOT NOS.
BUTTRESS FILLS (YES) (NO) LOT NOS.
REMARKS
.gineer
signature
Reg. No
SUPERVISING GRADING ENGINEER'S ROUGF GRADING CERTIFICATION
Date
I certify to the satisfactory completion of rough grading including- grading to approximate
final elevations, property lines located and staked; cut and fill slopes correctly graded
and located in accordance with the approved design; swales and terraces graded ready for
paving, berms installed; and required drainage slopes provided on the building pads. I
further certify that where report or reports of an engineering geolccist and/or soils
engineer have been prepared relative to this site, the recosc;,endations contained in suc
reports have been followed in the presecution of _tb_- work_
LOT NOS._ NO7L:;S, (ZGC"t=c_y_c (7 f4Nn R_t=
r t4 yt rC 7c) "k
T
Engineer Reg. No. Date zo -
SUPERVISING GRADING ENGINEER'S FINAL
I certify to the satisfactory cc
All required drainage devices ha
t� �xr•-eygtir:Rs -p rovic�d- - (�vhe r e -
of surface craters from each b7U-,,Ui
or engineering geologist (If
LoT Nos- 35 & 36, Tract 30091
This Certification relates to rev
ICATION
J. . g in accordance with the approved plans.
i - sluge-giant=ng-estab}fished-and-ir��g-�--_
a ate provisions have been made for drainage
f Q7Th commendat'_or.s of the soils engineer and%
n erem loved) have been incorporated in the work
(This Certification does not include
't V1 eleted work as shown above.)
adinq Plan dated 11/20/91 Revision #1
Engineer-PETER_Reg No. C 12507 Date 4/8/92
F. PFEIC /� /
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. j
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 29, 1992
FROM: Bob Rose, Director of Community Services
TITLE: Weed/Litter Abatement Services Agreement - Lanterman Center
SUMMARY: Lanterman Developmental Center has provided litter abatement services along 9.2 miles of right-
of-way in the City of Diamond Bar for the past two years. While negotiating the addition of 1.6 miles to the
litter abatement program, staff learned that Lanterman is also available for weed abatement services. Total
proposed annual cost for both weed and litter abatement along 10.8 miles of right-of-way is $16,483.
Flexibility in the agreement allows as -needed work to substitute for scheduled locations on an emergency basis.
RECOMMENDATION: It is recommended that the City Council appraove the agreement for weed/litter
abatement services with the Lanterman Developmental Center, for $16,483, and authorize the City Manager
to sign the agreement.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinances(s)
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specifications (on file in City Clerk's Office)
_ Other
1.
Has the resolution, ordinance or agreement been reviewed
_ Yes X No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
_ Yes X No
4.
Has the report been reviewed by a Commission?
_ Yes X No
Which Commission?
5.
Are other departments affected by the report?
_ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
errence L. Belanger Bob Rose
City Manager Director of Community Services
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Weed/Litter Abatement Services Agreement - Lanterman Center
ISSUE STATEMENT
To provide on-going weed/litter abatement services in association with
Lanterman Developmental Center, along 10.8 miles of right-of-way in the City
of Diamond Bar.
RECOMMENDATION
It is recommended that the City Council approve the agreement for weed/litter
abatement services, with the Lanterman Developmental Center, for $16,483, and
authorize the City Manager to sign the agreement.
FINANCIAL SUMMARY
Weed/litter abatement is budgeted for the 1992/93 fiscal year in the amount
of $80,000. The total annual cost of the proposed agreement is $16,483, well
within the budgeted amount.
BACKGROUND/DISCUSSION
Lanterman Developmental Center has provided litter abatement services along
9.2 miles of right-of-way in the City of Diamond Bar for the past two years.
Staff has found their efforts to be responsive and flexible to the needs of
the community.
The proposed new agreement includes a total of 10.9 miles of right-of-way, an
increase of 1.6 miles that was not previously serviced by Lanterman.
Recently, Lanterman Developmental Center began offering a weed abatement
service as well. This will allow for a responsive cost-effective weed
abatement program to work in tandem with litter abatement.
Litter abatement is proposed to be completed three time per month and weed
abatement, three times per year. The frequency of these services are
expected to provide clean, vegetation free right-of-way in the areas of
service. Flexibility in the agreement allows as -needed work in other areas
of Diamond Bar to temporarily replace scheduled locations if an emergency
arises.
PREPARED BY:
Bob Rose
Director of Community Services
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. �
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 28, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: paratransit Services for Fiscal Year 1992-93
SUMMARY: The City of Diamond Bar would like to continue to provide a paratransit and dial -a -ride services
for eligible elderly and persons with disabilities in the City of Diamond Bar. The paratransit service is
provided and administered by the Los Angeles County Department of Public Works. To ensure the
continuation of the paratransit service in Diamond Bar, the City needs to secure a paratransit services
agreement with the Los Angeles County for Fiscal Year 1992-93.
RECOMMENDATION: It is recommended that the City Council approve the attached Paratransit Services
Agreement and direct the City Clerk to forward the original and two copies of the agreement to the Los
Angeles County Department of Public Works for further processing.
LIST OF ATTACHMENTS:X Staff Report
_ Resolution(s)
_ Ordinances(s)
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
Other:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _Yes X No
Report discussed with the following affected departments: N/A
RE`7IE (B) Y�:
Terr ce L. Belanger Geo ge . V
City Manager Inte ' m City
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Paratransit Services for Fiscal Year 1992-93
ISSUE STATEMENT
To continue to provide paratransit services for eligible elderly and persons
with disabilities in the City of Diamond Bar for Fiscal Year 1992-93.
RECOMMENDATION
It is recommended that the City Council approve the attached Paratransit
Services Agreement and direct the City Clerk to forward the original and two
copies of the agreement to the Los Angeles County Department of Public Works
for further processing.
FINANCIAL SUMMARY
The City of Diamond Bar's cost for Fiscal Year 1992-93 paratransit services
is estimated to be $16,800. This service will be funded by the City's
Proposition A funds.
BACKGROUND
The attached agreement proposes the continuation of the current paratransit
service to the elderly and disabled persons in the City of Diamond Bar. The
Los Angeles County Department of Public Works has provided and administered
the paratransit services for Diamond Bar since the City's incorporation.
DISCUSSION
The paratransit service is available to Diamond Bar residents from 8:00 a.m.
to 5:00 p.m., Monday thru Friday, with the exception of the major holidays
where a minimum 24-hour reservation will be required. The City's
jurisdictional share of the service includes the service provided, marketing
and monitoring and administration of costs. For Fiscal Year 1992-93, the
County anticipates the City's cost to be $16,800. During the 1991-92 Fiscal
Year, the City of Diamond Bar expended $23,500 for paratransit services.
PREPARED BY:
Tseday Aberra
July 22, 1992
PD -5
Mr. Terry Belanger
Acting City Manager
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Mr. Belanger:
CITY OF DIAMOND BAR-PARATRANSIT SERVICES
Enclosed are an original and three copies of a proposed agreement between the
County and the City. The proposed agreement provides for the continuation of
the County providing transportation service for the elderly and disabled
patrons who reside in the City of Diamond Bar from July 1, 1992 through
June 30, 1993. Operating hours of service shall be from 8:00 a.m. to -
5:00 p.m., Monday through Friday, except on six major holidays, and a minimum
24-hour advance reservation will normally be required.
The County will continue to administer the service and to invoice the City for
the actual cost of City's jurisdictional share of the services, including
marketing and County's monitoring and administration costs. We estimate the
City's cost for Fiscal Year 1992/93 will be $16,800. The agreement is similar
to the one we currently have with your City except that a 45 -day termination
notice will now be required from the City since our contract with our provider
has a 30 -day termination notice.
If the proposed agreement is satisfactory, please present it to your duly
authorized officials for approval. Upon approval, please return the original
and two copies of the agreement to the Department of Public Works for further
processing. You may keep the extra copy for your files. Upon approval by the
Board of Supervisors, we will return a fully executed copy to you.
Please contact Mr. Doug Nelson at (818) 458-3955, if you have any questions.
Very trul
C G&A-
AoIDEMANSON
r of Public Works
DPN: Ia
copley
Enc.
cc: Supervisor Deane Dana,
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 28, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Installation of "1 -Hour Parking, 7:00 a.m.-3:00 p.m., School Days Only" signs on Viento Verano
Drive, Evergreen Springs Drive and Cazadero Place
SUMMARY: The excessive usage of Viento Verano Drive, Evergreen Springs Drive and Cazadero Place for
parking by Diamond Bar High School students, has questioned the safety/emergency access and ability to
receive services such as street sweeping, mail, and trash hauling.
To ascertain safety and proper services to those who reside at the above residential streets, the Traffic and
Transportation Commission recommends the additional installation of "1 -Hour Parking, 7:00 a.m.-3:00 p.m.,
School Days Only", signs on Viento Verano Drive, Evergreen Springs Drive and Cazadero Place.
RECOMMENDATION: The Traffic and Transportation Commission recommends the City Council approve
the attached Resolution 92 -XX entitled "l -Hour Parking, 7:00 a.m.-3:00 p.m., School Days Only" signs on
Viento Verano Drive, Evergreen Springs Drive and Cazadero Place.
LIST OF ATTACHMENTS:X Staff Report
X Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X Other: Vicinity Man
1. Has the resolution, ordinance or agreement been reviewed _ Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? Yes X No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission? Traffic/Transportation Commission
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments: N/A
EWED BY 1
rrence L. eppl�langer
City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Installation of 111 -Hour Parking, 7:00 a.m.-3:00 p.m., School Days
Only" signs on Viento Verano Drive, Evergreen Springs Drive and
Cazadero Place
ISSUE STATEMENT
Install 111 -Hour Parking, 7:00 a.m.-3:00 p.m., School Days Only" signs on
Viento Verano Drive, Evergreen Springs Drive and Cazadero Place.
RECOMMENDATION
The Traffic and Transportation Commission recommends the City Council approve
the attached Resolution No. 92 -XX entitled 111 -Hour Parking, 7:00 a.m.-3:00
p.m., School Days Only" signs on Viento Verano Drive, Evergreen Springs Drive
and Cazadero Place.
FINANCIAL SUMMARY
Costs associated with signs and installation is estimated to be $1,000 and
will be funded by the traffic control maintenance account.
BACKGROUND
Residents of Viento Verano Drive, Evergreen Springs Drive and Cazadero Place
requested the City to consider the installation of parking restriction signs
on the above streets. This request resulted from the excessive usage of the
residential streets for parking by Diamond Bar High School students.
DISCUSSION
Utilizing residential streets for parking by Diamond Bar High School students
and the impact residents have experienced as a result, has been an issue for
discussion by the Traffic and Transportation Commission.
It is anticipated that even with the proposal to expand the current parking
spaces at the School, the City's residential streets in the vicinity of the
high school will continue to experience the impact of on-site parking
shortage. The recommended signs are currently installed on residential
streets that surround Viento Verano Drive, Evergreen Springs Drive and
Cazadero Place.
Page Two
Parking Restriction
November 3, 1992
During site investigations, vehicles were observed parked on both sides of
each streets and curb returns, blocking fire hydrants, residential entrances,
and mail boxes. Further, the impact of the excessive parking has caused
the interruption of appropriate street sweeping and trash hauling services.
In order to minimize potential safety hazard and allow for proper public
services, the Commission recommends to the City Council the additional
installation of 111 -Hour Parking, 7:00 a.m.-3:00 p.m., School Days Only" signs
on Viento Verano Drive, Evergreen Springs Drive and Cazadero Place.
PREPARED BY:
David G. Liu
Tsedav Aberra
RESOLUTION NO. 92 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING "1 -HOUR PARKING, 7:00 A.M.-3:00 P.M., SCHOOL
DAYS ONLY" SIGNS ON VIENTO VERANO DRIVE, EVERGREEN
SPRINGS DRIVE AND CAZADERO PLACE
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 8, 1992.
(ii) At the meeting of October 8, 1992, the Traffic
and Transportation Commission determined that the installation of
the 111 -Hour Parking, 7:00 a.m.-3:00 p.m., School Days Only" signs
on Viento Verano Drive, Evergreen Springs Drive and Cazadero Place
identified in this resolution are appropriate.
(iii) The Traffic and Transportation Commission
recommends installation of said signs.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides for the installation of 111 -Hour Parking, 7:00 a.m.-3:00
p.m., School Days Only" signs upon approval of the City Council.
The City Council hereby finds that the public health, safety, and
welfare will be best protected by establishing 111 -Hour Parking,
7:00 a.m.-3:00 p.m., School Days Only" sign regulation for Viento
Verano Drive, Evergreen Springs Drive and Cazadero Place.
RESOLUTION NO. 92 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING "1 -HOUR PARKING, 7:00 A.M.-3:00 P.M., SCHOOL
DAYS ONLY" SIGNS ON VIENTO VERANO DRIVE, EVERGREEN
SPRINGS DRIVE, BROKEN ARROW DRIVE AND CAZADERO PLACE
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 8, 1992.
(ii) At the meeting of October 8, 1992, the Traffic
and Transportation Commission determined that the installation of
the 111 -Hour Parking, 7:00 a.m.-3:00 p.m., School Days Only" signs
on Viento Verano Drive, Evergreen Springs Drive, Broken Arrow Drive
and Cazadero Place identified in this resolution are appropriate.
(iii) The Traffic and Transportation Commission
recommends installation of said signs.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides for the installation of 111 -Hour Parking, 7:00 a.m.-3:00
p.m., School Days Only" signs upon approval of the City Council.
The City Council hereby finds that the public health, safety, and
welfare will be best protected by establishing 111 -Hour Parking,
7:00 a.m.-3:00 p.m., School Days Only" sign regulation for Viento
Verano Drive, Evergreen Springs Drive, Broken Arrow Drive and
Cazadero Place.
2. This resolution shall not become effective until the 111 -
Hour Parking, 7:00 a.m.-3:00 p.m., School Days Only" signs have
been posted as required in Section 1 of this resolution.
3. The City Council of the City of Diamond Bar hereby
authorize and direct the Mayor to cause sign to be erected
indicating where the sign is to be required.
PASSED, APPROVED and APPROVED this day of , 1992
MAYOR
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 day of
following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
, 1992 by the
ATTEST:
City Clerk, City of Diamond Bar
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CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 28, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Parking restriction on Fountain Springs Road at Diamond Bar Boulevard
SUMMARY: Nucon International, Inc., who is involved in a remediation of contaminated soil project with
Chevron, has requested from the City of Diamond Bar to restrict parking on the south side of Fountain Springs
Road, 60 feet from the curb return at the intersection of Diamond Bar Boulevard and Fountain Springs Road.
The remediation project will take approximately two years to complete, during which time the service trucks
will need to be parked at said location on a regular basis, between the hours of 12:00 p.m. and 6:00 p.m.,
Monday thru Friday.
RECOMMENDATION: The Traffic and Transportation Commission recommends the City Council approve
Resolution No. 92 -XX approving the installation of "No Parking, 12 noon -6:00 p.m., Monday -Friday, Except
By Permit" signs on the south side of Fountain Springs Road, 60 feet from the curb return at the intersection
of Diamond Bar Boulevard and Fountain Springs Road, for approximately 100 feet.
LIST OF ATTACHMENTS:X Staff Report
X Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
X Other: Corresvondence
1. Has the resolution, ordinance or agreement been reviewed _ Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? Yes X No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission? Traffic and Transportation Commission
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments: N/A
REVIEWED BY:
rRh
l
Terrence L. Belg
City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Parking restriction on Fountain Springs Road at Diamond Bar
Boulevard
ISSUE STATEMENT
Install "No Parking, 12 noon -6:00 p.m., Monday -Friday, Except by Permit"
signs on the south side of Fountain Springs Road, 60 feet from the curb
return at the intersection of Diamond Bar Boulevard and Fountain Springs Road
for approximately 100 feet.
RECOMMENDATION
The Traffic and Transportation Commission recommends the City Council approve
Resolution No. 92 -XX approving the installation of "No Parking, 12 noon -6:00
p.m., Monday -Friday, Except by Permit" signs on the south side of Fountain
Springs Road, 60 feet from the curb return at the intersection of Diamond Bar
Boulevard and Fountain Springs Road for approximately 100 feet.
FINANCIAL SUMMARY
Nucon International, Inc. will be responsible for costs associated with signs
and installation.
BACKGROUND
Nucon International, Inc. requested for a restricted parking designation on
the south side of Fountain Springs Road, 60 feet from the intersection of
Diamond Bar Boulevard and Fountain Springs Road, for approximately 100 feet.
DISCUSSION
As a supplier of service trucks to Chevron, who is currently involved in
remediation of contaminated soil project at the corner of Diamond Bar
Boulevard and Fountain Springs Road, Nucon International, Inc. needs the room
to park the service trucks and equipment utilized in the project.
The remediation project is estimated to take approximately 2 years to
complete. During this time period, the service trucks will be present at
said intersection every 2 to 3 days in the initial stages of the project and
making more frequent visits as the remediation process proceeds.
This request was reviewed by the Traffic and Transportation Commission on
October 8, 1992. The Commission recommends to the City Council the
installation of "No Parking, 12 noon -6:00 p.m., Monday -Friday, Except By
Permit" signs on the south side of Fountain Springs Road, 60 feet from the
curb return at the intersection of Diamond Bar Boulevard, for approximately
100 feet.
PREPARED BY:
David G. LiuJTseday Aberra
NUCON International, Inc.
P.O. BOX 29151 7000 HUNTLEY ROAD
COLUMBUS, OHIO 43229 U.S.A.
David Liu
City of Diamond Bar
Public Works
21660 E. Copley Drive
Suite 190
Diamond Bar, CA 91765-4177
Dear Mr. Liu:
TELEPHONE:
(61ai
OUTSIDE OHIO: OHIO:
i -80O-
TELEX:
697,au, 5
FAX.
(61 !1, -131
September 11, 1992
This letter is a formal request for the establishment of
parking restrictions at the corner of Diamond Bar Blvd. and Fountain
Springs Road.
As you are aware, Chevron is currently involved in the
remediation of contaminated soil under the small strip center on
this corner. NUCON is supplying some of the equipment to be used in
that remediation. The equipment to be supplied by NUCON will
require regular service by NUCON's service truck, which is a flat
bed tractor/trailer rig. Equipment on this truck must be attached
to the equipment on the site; therefore, the truck must park on the
curb.
Each visit of NUCON's service truck will take between 4 and 6
hours. The remediation will take about two years. During this two
years, the truck will visit every 2 or 3 days at first, with the
interval between visits increasing as the remediation proceeds.
NUCON will restrict the visits of its service truck to between the
hours of Noon and 6 P.M. on Monday through Friday.
NUCON therefore requests that a zone restricting parking, the
mechanism for that restriction being that you recommend, be
established on the south side of Fountain Springs Road, beginning 60
feet from the corner with Diamond Bar Blvd. and proceeding 80 feet
down the curb, away from Diamond Bar Blvd. The restrictions need
only apply Monday through Friday between the hours of Noon and 6
P.M. Further it is requested that the NUCON service truck be
granted the appropriate permits to park in that zone during the
restricted periods. A drawing of the site, with the requested zone
indicated is attached.
Please refer all questions and correspondence regarding this
matter to our representative in Southern California, John S.
F" NUCON International, Inc.
u
c
Schroeder, P.O. Box 8694, La Crescenta, CA, 91224-0694, (818) 249-
9228.
Thank you for your cooperation in this matter. NUCON looks
forward to this opportunity to improve the environment in Diamond
Bar.
Yours Truly,
�- ajA�t��
ohn S. Schroeder
Representing
NUCON International
enclosures: Site Map
JSS/hss
RESOLUTION NO. 92 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING "NO PARKING, 12:00 P.M. -6:00 P.M., MONDAY -
FRIDAY, EXCEPT BY PERMIT" SIGNS ON FOUNTAIN SPRINGS ROAD
AT DIAMOND BAR BOULEVARD
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 8, 1992.
(ii) At the meeting of October 8, 1992, the Traffic
and Transportation Commission determined that the installation of
the "No Parking, 12:00 p.m. -6:00 p.m., Monday -Friday, Except By
Permit" signs on the south side of Fountain Springs Road at Diamond
Bar Boulevard in this resolution are appropriate.
(iii) The Traffic and Transportation Commission
recommends installation of said signs.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides for the installation of "No Parking, 12:00 p.m. -6:00
p.m., Monday -Friday, Except By Permit" signs upon approval of the
City Council. The City Council hereby finds that the public
health, safety, and welfare will be best protected by establishing
"No Parking, 12:00 p.m. -6:00 p.m., Monday -Friday, Except By Permit"
sign regulation for south side of Fountain Springs Road at Diamond
Bar Boulevard.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 28, 1992
FROM:
George A. Wentz, Interim City Engineer
TITLE: Installation of "2 -Hour Parking, 8:00 a.m.-5:00 p.m., Monday -Friday" signs on Fallow Field Drive
and Pasco Court
SUMMARY: On August 27, 1992, the City of Diamond Bar installed "No Parking, 6:00 a.m.-8:00 a.m. ,
Monday -Friday" signs on both sides of Fallow Field Drive and Pasco Court, with the exception of the First
Mortgage Company's northerly lot frontage along Fallow Field Drive. This action has alleviated some of the
impact the residential streets have experienced due to excessive street parking. Pursuant to the Traffic and
Transportation Commission's request, staff observed and sought comments from residents in regards to the
effectiveness of theses signs. To address the resident's concerns, the Commission recommends the amendment
of the existing signage by removing said signs and installing "2 -Hour Parking, 8:00 a.m-5:00 p.m., Monday -
Friday" signs on Fallow Field Drive and Pasco Court.
RECOMMENDATION: The Traffic and Transportation Commission recommends the City Council approve
Resolution No. 92 -XX approving the removal of existing "No Parking, 6:00 a.m.-8:00 a.m. , Monday -Friday"
signs and the installation of "2 -Hour Parking, 8:00 a.m.-5:00 p.m., Monday -Friday" signs on Fallow Field
Drive and Pasco Court.
LIST OF ATTACHMENTS:X Staff Report
X Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
2, Other: Resident's CorrespondenceOctober 8, 1992
T/T Commission Staff Report
1. Has the resolution, ordinance or agreement been reviewed Yes No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _ Yes No
4. Has the report been reviewed by a Commission? 2L Yes _ No
Which Commission? Traffic and Tcansuortation Cnm—miMinn
5. Are other departments affected by the report? _ Yes No
Report discussed with the following affected departments: N/A
REVIEWED BY:
Terrence L. Belanr
City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Installation of 112 -Hour Parking, 8:00 a.m-5:00 p.m., Monday -Friday"
signs on Fallow Field Drive and Pasco Court
ISSUE STATEMENT
Install 112 -Hour Parking, 8:00 a.m-5:00 p.m., Monday -Friday" signs on Fallow
Field Drive and Pasco Court
RECOMMENDATION
The Traffic and Transportation Commission recommends the City Council approve
Resolution No. 92 -XX approving the removal of existing "No Parking, 6:00
a.m.-8:00 a.m., Monday -Friday" signs and the installation of 112 -Hour Parking,
8:00 a.m-5:00 p.m., Monday -Friday" signs on Fallow Field Drive and Pasco
Court.
FINANCIAL SUMMARY
The costs associated with the signs and installation are estimated to be
$600.00, and will be funded by traffic control maintenance account.
BACKGROUND
The "No Parking, 6:00 a.m-8:00 a.m., Monday -Friday" signs which were
installed on Fallow Field Drive and Pasco Court in order to minimize the
excessive usage of the residential streets as parking by car-poolers and
employees of First Mortgage Corporation, were vandalized on August 14, 1992
and reinstalled on August 27, 1992.
DISCUSSION
After the installation of the above signs, a decrease in parking usage was
noted, presumably due to the car-poolers relocation. However, Fallow Field
Drive continues to experience an impact as employees of First Mortgage
Company continue to park on this street as a result of inadequate on-site
parking.
At the October 8, 1992 Traffic and Transportation Commission meeting, the
Commission received testimonies from residents of Fallow Field Drive and
Pasco Court regarding the existing sign's effectiveness. However, comments
from the First Mortgage Company were not received. The comments expressed by
the residents pertained to the ineffectiveness of the existing signs.
To address the concerns expressed, the Traffic and Transportation Commission
recommends to the Council the amendment of the existing signs by removing
said signs and installing 112 -Hour Parking, 8:00 a.m.-5:00 p.m., Monday -
Friday" signs on Fallow Field Drive and Pasco Court.
PREPARED BY:
David G. Liu/Tsedav Aberra
RESOLUTION NO. 92 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONSENTING TO THE REMOVAL OF EXISTING "NO PARKING, 6:00
A.M.-8:00 A.M., MONDAY -FRIDAY" SIGNS AND ESTABLISHING A
112 -HOUR PARKING, 8:00 A.M.-5:00 P.M., MONDAY -FRIDAY"
SIGNS ON FALLOW FIELD DRIVE AND PASCO COURT
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 8, 1992.
(ii) At the meeting of October 8, 1992, the Traffic
and Transportation Commission determined that the removal of
existing "No Parking, 6:00 a.m-8:00 a.m., Monday -Friday" signs and
the installation of the 112 -Hour Parking, 8:00 a.m.-5:00 p.m.,
Monday -Friday" signs on Fallow Field Drive and Pasco Court in this
resolution are appropriate.
(iii) The Traffic and Transportation Commission
recommends installation of said signs.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides for the installation of 112 -Hour Parking, 8:00 a.m.-5:00
p.m., Monday -Friday" signs upon approval of the City Council. The
City Council hereby finds that the public health, safety, and
welfare will be best protected by establishing 112 -Hour Parking,
8:00 a.m.-5:00 p.m., Monday -Friday" sign regulation on Fallow Field
Drive and Pasco Court.
2. This resolution shall not become effective until the 012 -
Hour Parking, 8:00 a.m.-5:00 p.m., Monday -Friday" signs have been
posted as required in Section 1 of this resolution.
3. The City Council of the City of Diamond Bar hereby
authorize and direct the Mayor to cause signs to be erected.
PASSED, APPROVED and APPROVED this day of , 1992
MAYOR
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 day of , 1992 by the
following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: October 2, 1992 MEETING DATE: October 8, 1992
TO: Chairman and Members of the Traffic and
Transportation Commission
VIA: George A. Wentz, Interim City Engineer
FROM: David G. Liu, Associate Engineer
Tseday Aberra,'OAdministrative Analyst
SUBJECT: Observation of the "No Parking, between 6:00 a.m. and
8:00 a.m., Monday -Friday" sings on Fallow Field Drive and
Pasco Court
BACKGROUND:
Pursuant to the Traffic and Transportation Commission's request, staff
observed and sought comments from residents in regards to the effectiveness
of the existing "No Parking, between 6:00 a.m. and 8:00 a.m., Monday -
Friday" signs on Fallow Field Drive and Pasco Court.
DISCUSSION:
The "No Parking" signs on Fallow Field Drive and Pasco Court, which were
reinstalled on August 27, 1992, were observed by staff. It appears that
some vehicles (presumably carpoolers) have now began to park along Diamond
Bar Boulevard/Brea Canyon Cut-off Road, under SR 57 overpass. The use of
street space along Fallow Field Drive continues to be utilized by the First
Mortgage Corporation employees and others due to the inadequate on-site
parking.
In addition to the observation, staff solicited comments regarding the
sign's effectiveness from all impacted residents. Of the fifty (50)
residents contacted, nine (9) have replied. Staff reviewed the responses
and the key concerns raised by the residents are as follows:
1. The installed signs do not prohibit or pertain to the
employees/tenants of the business building.
Page Two
Fallow Field Drive/Pasco Court
October 2, 1992
2. The reason(s) why these signs are not enforced.
3. Change the hours of restrictions on the signs.
To address the resident's concerns, it is suggested that 112 -Hour Parking"
signs or as an alternative, 112 -Hour Parking, 8:00 a.m.-5:00 p.m., Monday -
Friday" signs be installed onto the existing signs.
RECOMMENDATION•
It is recommended that the Traffic and Transportation Commission recommend
to the City Council the installation of 112 -Hour Parking, 8:00 a.m.-5:00
p.m., Monday -Friday" signs on Fallow Field Drive and Pasco Court.
RESOLUTION NO. 92 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING "NO PARKING, 12:00 P.M. -6:00 P.M., MONDAY -
FRIDAY, EXCEPT BY PERMIT" SIGNS ON FOUNTAIN SPRINGS ROAD
AT DIAMOND BAR BOULEVARD
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 8, 1992.
(ii) At the meeting of October 8, 1992, the Traffic
and Transportation Commission determined that the installation of
the "No Parking, 12:00 p.m. -6:00 p.m., Monday -Friday, Except By
Permit" signs on the south side of Fountain Springs Road at Diamond
Bar Boulevard in this resolution are appropriate.
(iii) The Traffic and Transportation Commission
recommends installation of said signs.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides for the installation of "No Parking, 12:00 p.m. -6:00
p.m., Monday -Friday, Except By Permit" signs upon approval of the
City Council. The City Council hereby finds that the public
health, safety, and welfare will be best protected by establishing
"No Parking, 12:00 p.m. -6:00 p.m., Monday -Friday, Except By Permit"
sign regulation for south side of Fountain Springs Road at Diamond
Bar Boulevard.
2. This resolution shall not become effective until the "No
Parking, 12:00 p.m. -6:00 p.m., Monday -Friday, Except By.Permit"
signs have been posted as required in Section 1 of this resolution.
3. The City Council of the City of Diamond Bar hereby
authorize and direct the Mayor to cause sign to be erected
indicating where the sign is to be required.
PASSED, APPROVED and APPROVED this day of , 1992
MAYOR
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 day of , 1992 by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
CITY OF DIAMOND AAR
AGENDA REPORT AGENDA NO., f
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 28, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Installation of "2 -Hour Parking, 8:00 a.m.-5:00 p.m., Monday -Friday" signs on Fallow Field Drive
and Pasco Court
SUMMARY: On August 27, 1992, the City of Diamond Bar installed "No Parking, 6:00 a.m.-8:00 a.m. ,
Monday -Friday" signs on both sides of Fallow Field Drive and Pasco Court, with the exception of the First
Mortgage Company's northerly lot frontage along Fallow Field Drive. This action has alleviated some of the
impact the residential streets have experienced due to excessive street parking. Pursuant to the Traffic and
Transportation Commission's request, staff observed and sought comments from residents in regards to the
effectiveness of theses signs. To address the resident's concerns, the Commission recommends the amendment
of the existing signage by removing said signs and installing "2 -Hour Parking, 8:00 a. m-5:00 p.m., Monday -
Friday" signs on Fallow Field Drive and Pasco Court.
RECOMMENDATION: The Traffic and Transportation Commission recommends the City Council approve
Resolution No. 92 -XX approving the removal of existing "No Parking, 6:00 a. m.-8:00 a. m., Monday -Friday"
signs and the installation of "2 -Hour Parking, 8:00 a.m.-5:00 p.m., Monday -Friday" signs on Fallow Field
Drive and Pasco Court.
LIST OF ATTACHMENTS : X Staff Report
X Resolution(s)
Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
2L Other: Resident's CorreWn-dence, October 8, 1992
T/T Commission Staff R=rtrt
1. Has the resolution, ordinance or agreement been reviewed _ Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? Yes X No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission? Traffic and Transportation Commission
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments: N/A
REVIEWED BY:
L
Terrence L. Belanr
City Manager
CITY COLINCEL REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Installation of 112 -Hour Parking, 8:00 a.m-5:00 p.m., Monday -Friday"
signs on Fallow Field Drive and Pasco Court
ISSUE STATEMENT
Install 112 -Hour Parking, 8:00 a.m-5:00 p.m., Monday -Friday" signs on Fallow
Field Drive and Pasco Court
RECOMMENDATION
The Traffic and Transportation Commission recommends the City Council approve
Resolution No. 92 -XX approving the removal of existing "No Parking, 6:00
a.m.-8:00 a.m., Monday -Friday" signs and the installation of 112 -Hour Parking,
8:00 a.m-5:00 p.m., Monday -Friday" signs on Fallow Field Drive and Pasco
Court.
FINANCIAL SUMMARY
The costs associated with the signs and installation are estimated to be
$600.00, and will be funded by traffic control maintenance account.
BACKGROUND
The "No Parking, 6:00 a.m-8:00 a.m., Monday -Friday" signs which were
installed on Fallow Field Drive and Pasco Court in order to minimize the
excessive usage of the residential streets as parking by car-poolers and
employees of First Mortgage Corporation, were vandalized on August 14, 1992
and reinstalled on August 27, 1992.
DISCUSSION
After the installation of the above signs, a decrease in parking usage was
noted, presumably due to the car-poolers relocation. However, Fallow Field
Drive continues to experience an impact as employees of First Mortgage
Company continue to park on this street as a result of inadequate on-site
parking.
At the October 8, 1992 Traffic and Transportation Commission meeting, the
Commission received testimonies from residents of Fallow Field Drive and
Pasco Court regarding the existing sign's effectiveness. However, comments
from the First Mortgage Company were not received. The comments expressed by
the residents pertained to the ineffectiveness of the existing signs.
To address the concerns expressed, the Traffic and Transportation Commission
recommends to the Council the amendment of the existing signs by removing
said signs and installing 112 -Hour Parking, 8:00 a.m.-5:00 p.m., Monday -
Friday" signs on Fallow Field Drive and Pasco Court.
PREPARED BY:
David G. Liu/Tseday Aberra
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September 28, 1992
David G. Liu, P.E.
Associate Engineer
CITY OF DIAMOND BAR
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
Reference to - No Parking, 6 - 8 a.m., Monday - Friday Signs
Along Fallowfield Drive & Pasco Court
Dear Mr. Liu, P.E..
Below are my comments & opinions in regards to the effectiveness of the
No Parking signs and/or if the installation has made a difference.
1. These signs'are an eyesore & are not effective. They have succeeded only
in creating more congestion at the very danaerous intersection of
Fallowfield & Brea Canyon Cut -Off (at the mortgage company).
But since we apparently have to live with the signs...
1. Why weren't the No Parking signs placed directly in front of the mortgage
company at the end of Fallowfield? They are the ma Lor problem!
If I can't park in front of my house, it's only fair that no one should be
able to park in front of the mortgage company.
2. Why were the No Parking hours such that they favored the employee working
hours at the mortgage company? To be effective, the hours should be
extended beyond 8 a.m.... to perhaps 10 a.m.
3. Why not have instead Permit Parking, whereby you would issue a decal for
each car that resides on Fallowfield... anyone else would be in violation.
4. Why have I not seen anyone giving tickets out to those in violation of the
signs posted No Parking hours?
In conclusion, as a Diamond Bar homeowner, why wasn't my property tax money spent
on something more beneficial? The cost of the No Parking signs could probably
have bought a Stop Sign for the intersection of Fallowfield & Brea Canyon
Cut -Off.
rn
7,�r7
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Sincerely,
Y
K. McGuire
3124 Fallowfield Dr.
Diamond Bar, CA 91765
21660 EAST COPLEY DRIVE • SUITE 100
DIAMOND BAR, CA 91765-4177
714-860-2489 - FAX 714-861-3117
September 25, 1992
Dear Diamond Bar Resident:
As you are aware, the City of Diamond Bar recently installed "No
Parking, 6:00 a.m - 8:00 a.m., Monday -Friday" signs along
Fallowfield Drive and Pasco Court as means of reducing parking
intrusion into the residential area.
To resolve the discrepancy between the impact of vehicular traffic
and the tranquility of a residential street, the City of Diamond
Bar would like to solicit your comments and opinions in regards to
the effectiveness of the "No Parking" signs and/or if the
installation has made a difference. The submittal of your comments
by September 30,_1992 is very much appreciated.
If you have questions regarding this matter, you may contact�Ms. C'
Tseday Aberra at (714) 396-5671. �'4,
Sincerely,
L *A1 J
David G. Liu, P.E.
Associate Engineer v ^ /
Y
DGL: to
�,���
cc. George A. Wentz In� '• L ri
rim City Engineer
Traffic and Transportation Commission ( C'
er
JAY C. KIM PHYLLIS E. PAPEN JOHN A. FORBING
Mayor Mayor Pro -Tem Councilmember
RECYCLED PAPER
MJV4
GARY G. MILL]
Councilmember
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1,7,.,�_��;�
X49
September 28, 1992
City of Diamond Bar
Traffic and Transportation Commission
21660 East Copley Drive Suite 100
Diamond Bar, Ca. 91765-4177
VIA FAX & REG MAIL
Dear Commission:
In response to your letter of September 25, 1992 I would like to
know that I am in favor of the "NO PARKING" on Fallowfield and
Pasco Ct.
I feel that putting up the "NO PARKING 6 A.M. TO 8 A.M." has not
reduced the parking intrusion on our residential street.
I believe the commercial building should be held responsible for
offsite parking for their employees, sub -contractors and visitors.
The city should be responsible for enforcing that.
I am a resident of 20900 Pasco Ct. Diamond Bar.
I feel the you did not allow enough time for everyone to respond to
this request since I just received your letter Saturday 9/26/92.
You need to give more notice so that all the residents that are
upset by this issue can response to you.
Sincer y;
�c,m
khaUrmanski
rFeE r: C CONI-IUNITY
n'= U,77! 0Pn IFn!T
;> 55 September 29, 1992
._.. r _
David G. Liu
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
David Liu:
In response to your Sept 25th letter to the
residents of Kingsgate. The signs on Fallowfield
drive and Pasco court are ineffective and have not
solved the problem that they were intended to. The
employee's of First Mortgage Corp still disrupt the
serenity of the residential neighborhood by parking
indiscriminately along Fallowfield and Pasco Court.
From early morning to late afternoon, there are
approximately 40 to 50 employee vehicles causing
intersection blocking, as well as double parking
violations. In addition, postal service is daily
being disrupted and the value of property in the area
is being devalued. Not to mention the traffic problems
and near fatal traffic accidents. This problem also
causes a phenomenal eyesore. The only way to solve
the problems is to completely limit the parking along
these streets during the business hours of First
Mortgage Corp. In conclusion there should be "No
Parking" from 6am to bpm.
Sig ,
F ank Barkow d 1
n.
September 28, 1992
David G. Liu, P.E.
Associate Engineer
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, CA 91765-4177
Re: No Parking - Fallow Field Drive and Pasco Court
Dear Mr. Liu:
In response to your letter of September 25, 1992, first I'd like to
express my feelings about the previous letter sent from the City of
Diamond Bar regarding "No Parking, 6:00 a.m. - 8:00 a.m., Monday -
Friday" along Fallow Field Drive and Pasco Court. I live at
3118 Fallow Field Drive and upon receipt of your first letter, I
questioned eight (8) of my immediate neighbors. It was ascertained
that my household was the ONLY household to receive this letter.
Obviously, implying that the PARKING INTRUSION INTO MY RESIDENTIAL
AREA was proximately caused by my husband and I.
My husband works for the City of Los Angeles and he carpools with
three (3) gentlemen. [Reducing gas emissions, thus improving the
environment.] One gentlemen parks his vehicle in my driveway,
another parks his vehicle in front of my home and the third parks
his vehicle in front of my neighbor living directly across from me.
Fearing that I was imposing on my neighbor, he was the first
neighbor I questioned. He had no knowledge of the letter I
received. I immediately asked him if he was having a problem with
one of the carpool participants parking in front of his home. He
stated he had no problem with this, in fact the carpool participant
that parks in front of his home is a part-time employee and only
works 2 or 3 days per week.
In the first letter it was stated that the "No Parking, 6:00 a.m. -
8:00 a.m., Monday - Friday" signs were also directed at First
Mortgage Corporation. THAT WAS A BLATANT LIE. The employees of
First Mortgage Corporation don't start parking on the street until
AFTER 8:00 a.m. This letter is directed squarely at my husband and
I.
David G. Liu, P.E.
Associate Engineer
City of Diamond Bar
September 28, 1992
Page 2
obviously, the City of Diamond Bar feels the three (3) vehicles
belonging to the participants in my husband's carpool are the
direct cause for the vehicular impact that is disturbing the
tranquility of my residential street. Please explain to me how
three (3) vehicles could cause such an impact.
If you have any questions or comments, you may contact me during
the day at (714) 879-7070.
I expect and would appreciate a response.
Sincerely,
Luana R. Washington
3118 South Fallow Field Drive
Diamond Bar, CA 91765
HOME: 715/595-3005
cc: George A. Wentz, Interim City Engineer
Traffic and Transportation Commission
Leroy E. Foster
20933 Pasco Court
Diamond Bar, CA 91765
City of Diamond Bar
21770 Copley Drive - Suite 100
Diamond Bar, CA 91765
Att'n David G. Liu, P
Dear sir:
RCc`+;'LC
9/29/92
C9
In answer to your 9/25/92 letter, I would like to enter my wholehearted vote for keeping
the signs up. Not only does it keep the Park and Ride crowd down to a minimum, it
also keeps the RV's off the road which can be a problem to see around when their in a
bad location.
The shrubbery on the east side of Brea Canyon Cut Off , North of Fallow Field is a
Pasco
Court
Fallow FiAld
Unfortunately the Flour - Daniel's People are ignoring the signs and leaving some
three or so cars at the Fallow Field - Brea Canyon Cut Off prior to the 6:00 AM start
time on weekday mornings and remaining all day. Obviously, the signs mean nothing,
if we're not going to inforce them.
The real problem still remains, that the "County?" allowed First Mortgage to build that
building without adequate parking.
I don't know if your the one I should contact on the following but as it relates to that
same intersection. I thought I would bring it up again and perhaps you could pass it
along to the right person.
major hazard. A person trying to enter the Cut Off from Fallow Field must nose their
car out into the Cut Off, so far to see if there is any traffic coming down the hill; that it
makes for an unsafe condition for others traveling north on the cutoff. This situation is
becoming worse as the freeway acacia's continue to spread west. I for one would like to
see not only the acacia's trimmed way back, but the evergreen's west of the lower wall
completely removed were they interfere with viewing the street to the north.
t Evergreens
1._ Fallow Field
While we're trimming trees you might look at the acacia's that are begining to make
the sidewalk on Fallow Field unusable near this same intersection.
If someome will come out and look at this intersection from the west bound Fallow
Field drivers point of view it will become very obvious that the evergreens have got to
go. If you have any question you can contact me at 7141598-8964.
Leroy E. Foster
Ali 1• ��
September 28, 1992
Mr. David G. Liu
Associate Engineer
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
SUBJECT: "NO PARKING" ON FALLOW FIELD DRIVE
Dear Mr. Liu:
It's difficult for me to know if the problem has been abated as a result of the
"No Parking" signs, since I leave for work at 7 a.m. and don't return until
6 p.m. We never had a problem in our section of the block, but I can appreciate
the concern of those living closer to the intersection. It's unfortunate such
a poor land use decision was made in the first place to allow an office building
in a residential neighborhood.
I do have a couple of complaints, though. First of all, they placed a "No
Parking" sign in my planter next to the sidewalk without my permission. On top
of that, they even trimmed my tree to install it. I also don't like the
appearance as well as the perception it creates that there's a problem in the
neighborhood.
Right after the first signs were installed, they were all sprayed with graffiti.
In my case, they also sprayed the curb with red paint. I would appreciate it if
you could send someone out to remove this.
I know the office building and carpool parking is something we'll always have to
contend with. One thing the office building owner could do is clean the gutter
areas of trash and debris sometime between Friday and Monday each week before the
cars park again. The street sweepers are unable to take care of this if cars are
parked on the east side. Besides that, it is an eyesore for those of us coming
in and out of our neighborhood.
Unrelated to this issue is the unsafe condition at the Brea Canyon cut-off/Fallow
Field intersection. As you know, the street curves and it is extremely difficult
trying to get out onto Brea Canyon. The traffic has increased significantly
since all the development has occurred to the west up the hill. I know at one
time the developer to the south, Birtcher, was required to reconstruct the
intersection and install a signal. I would appreciate receiving a status report
on this issue.
David G. Liu
September 28, 1992
Page 2
Finally, could you please find out if and when my street is going to be
repaved/slurry sealed?
My apologies for unloading on you; but I have limited time and opportunity to
pursue these issues. I'm a department head for the City of Santa Ana and can
appreciate the issues you and your staff contend with every day.
I would appreciate a response once you have an opportunity to find the answers.
If it's easier, you can call me at work at 647-5360.
Sincerely,
Cynthia Nels n
3159 Fallow Field Drive
Diamond Bar, CA 91765
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RESOLUTION NO. 92 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONSENTING TO THE REMOVAL OF EXISTING "NO PARKING, 6:00
A.M.-8:00 A.M., MONDAY -FRIDAY" SIGNS AND ESTABLISHING A
112 -HOUR PARKING, 8:00 A.M.-5:00 P.M., MONDAY -FRIDAY"
SIGNS ON FALLOW FIELD DRIVE AND PASCO COURT
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 8, 1992.
(ii) At the meeting of October 8, 1992, the Traffic
and Transportation Commission determined that the removal of
existing "No Parking, 6:00 a.m-8:00 a.m., Monday -Friday" signs and
the installation of the 112 -Hour Parking, 8:00 a.m.-5:00 p.m.,
Monday -Friday" signs on Fallow Field Drive and Pasco Court in this
resolution are appropriate.
(iii) The Traffic and Transportation Commission
recommends installation of said signs.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides for the installation of 112 -Hour Parking, 8:00 a.m.-5:00
p.m., Monday -Friday" signs upon approval of the City Council. The
City Council hereby finds that the public health, safety, and
welfare will be best protected by establishing 112 -Hour Parking,
8:00 a.m.-5:00 p.m., Monday -Friday" sign regulation on Fallow Field
Drive and Pasco Court.
2. This resolution shall not become effective until the 112 -
Hour Parking, 8:00 a.m.-5:00 p.m., Monday -Friday" signs have been
posted as required in Section 1 of this resolution.
3. The City Council of the City of Diamond Bar hereby
authorize and direct the Mayor to cause signs to be erected.
PASSED, APPROVED and APPROVED this day of , 1992
MAYOR
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 day of 1992 by the
following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
CITY OF DIAMOND D,,iR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 29, 1992
FROM: James DeStefano, Community Development Director
TITLE: Report On Actions Taken Following Adoption of Ordinance No. 5 (1992)
SUMMARY: Ordinance No. 5 (1992) is an interim ordinance which was enacted to bring the Agricultural Zone
land uses into conformance with the General Plan agricultural classification. Pursuant to California Government
Code Section 65858 (d) a Report On Actions Taken Following Adoption of Ordinance No.5 (1992) is required
at least ten (10) days prior to the expiration date or any extension of the interim ordinance. The interim
ordinance will expire on November 20, 1992 unless extended. A public hearing to consider an extension is
scheduled for November 17, 1992.
RECOMMENDATION: Staff recommends that the City Council receive and file the Report On Actions
Taken.
LIST OF ATTACHMENTS:X Staff Report
Resolution(s)
Ordinances(s)
Agreement(s)
_ Other
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REYIEWED BY:
�4A44W�
errence L. Belanger
City Manager
A#Vk
es DeStefano
Community Development Director
Yes X No
MAJORITY
X Yes _ No
Yes X No
—Yes X No
REPORT ON ACTIONS TAKEN FOLLOWING ADOPTION
OF ORDINANCE NO. 5 (1992)
Pursuant to the requirements of California Government Code
Section 65858 (d), and the express direction of the City Council of
the City of Diamond Bar, the following constitutes a written report
of the City Council concerning those measures taken to alleviate
the conditions which led to the adoption of Ordinance No. 5 (1992).
BACKGROUND
1. On October 6, 1992, the City Council of the City of
Diamond Bar adopted its Ordinance No. 5 (1992) entitled "An
Ordinance of the City Council of the City of Diamond Bar adopting
an Interim Zoning Ordinance pursuant to California Government Code
Section 65858 (b) and making findings in support thereof." Said
Ordinance No. 5 (1992), adopted interim zoning regulations,
effective for no longer than the 20th day of November, 1992.
Pursuant to the requirements of said Section 65858, Ordinance No.
5 (1992) was adopted by the City Council upon its finding that
approvals of such development applications within the City would
result in an immediate threat to public health, safety or welfare.
2. Pursuant to California Government Code Section 65858 (b) ,
ten (10) days prior to the expiration of any interim ordinance, or
any extension thereof adopted pursuant to the terms of said
section, the City Council shall issue a written report describing
the measures taken to alleviate the condition which led to the
adoption of such interim zoning ordinance.
3. On October 6, 1992, at a meeting of the City Council of
the City of Diamond Bar, the City Council was presented with a
staff report concerning the measures necessary to alleviate the
conditions which prompted the adoption of said Ordinance No. 5
(1992). At said meeting and following said staff report, the City
Council authorized and directed staff to prepare a written report
concerning the actions taken following, and relative to, the
adoption of Ordinance No. 5 (1992).
ACTIONS TAKEN
Following the adoption of Ordinance No. 5 (1992), the
following actions have been taken relative to the interim zoning
regulation:
1. At the express request and direction of the City Council,
the City Staff has initiated efforts to implement the City's
General Plan and specific amendments to the Zoning Ordinance. The
goal of such amendments is to create a unified and balanced plan
pertaining to permitted land uses within the areas designated in
the General Plan as Agricultural land use districts and within the
Agricultural Zone, for the City of Diamond Bar which will
eventually result in the establishment of permanent and
comprehensive land use and development standards and policies for
the City.
2. The City Council directed that such studies emphasize the
formulation of permitted land use and development provisions
thereof. The preparation thereof will provide the necessary
guidelines for long-term development in the City. Moreover, the
contemplated amendments to the Zoning Ordinance will permit the
comprehensive review, together with public input, of applications
for land use approvals within the Agricultural Zone. With the
adoption of the amendments to the Zoning Ordinance, the City
Council would consider the earlier repeal of Ordinance No. 5
(1992) .
Dated: October 30, 1992
James DeStefano
Community Development Director
CITY OF BIlulom BAA
AGENDA REPORT
AGENDA NO. 5, / c
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 28, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Signing and Striping on Prospectors Road at Fall Creek Condominiums
SUMMARY: Due to the visibility restrictions on Prospectors Road at the Fall Creek Condominiums,
improvements are recommended to enhance visibility. On October 8, 1992, the Traffic and Transportation
Commission approved the attached signing and striping plan and recommends approval by the City Council.
RECOMMENDATION: That the City Council approve Resolution No. 92 -XX implementing certain signing
and striping changes along Prospectors Road.
LIST OF ATTACHMENTS:X Staff Report
2L Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X Other:Signing/Striping Plan
1. Has the resolution, ordinance or agreement been reviewed _ Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission? Traffic and Transportation Commission
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments: N/A
REVIEWED BY:
qLt� kp��
Terr6nce L. Belan
City Manager
George
Interim ti
[ ITV IVATflVM M415AIST
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Signing and Striping on Prospectors Road at Fall Creek
condominiums
ISSUE STATEMENT
Should signing and striping changes be made on Prospectors Road to enhance
visibility for residents and visitors of Fall Creek Condominiums.
RECOMMENDATION
That the City Council approve Resolution No. 92 -XX implementing certain
signing and striping changes along Prospectors Road.
FINANCIAL SUMMARY
It is estimated that the signing and striping of Prospectors Road will cost
approximately $1,500 and will be funded by the traffic maintenance account.
BACKGROUND
Residents of Fall Creek Condominium complex requested the City of Diamond Bar
to assess and recommend measures that would enhance the egress on to
Prospectors Road.
DISCUSSION
Prospectors Road has a 30 MPH speed limit designation. It serves as a major
collector street for residents in the area.
To minimize visibility restriction and enhance egress on to Prospectors Road,
the Traffic and Transportation Commission and staff recommend to the City
Council the attached proposed signing and striping plan for review and final
approval. The striping will move westbound traffic away from the curb so
that they can be more readily seen from vehicles exiting Fall Creek
Condominiums.
PREPARED BY:
David G. Liu
Tseday Aberra
RESOLUTION NO. 92 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING "RIGHT -TURN" LANE AND PAINTED/STRIPED ISLAND
ON PROSPECTORS ROAD AT FALL CREEK CONDOMINIUMS
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 8, 1992.
(ii) At the meeting of October 8, 1992, the Traffic
and Transportation Commission determined that the signing and
striping of a "Right -Turn" lane and island on Prospectors Road at
Fall Creek Condominiums in this resolution are appropriate.
(iii) The Traffic and Transportation Commission
recommends the signing and striping of the "Right -Turn"lane and
the island.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides for the signing and striping of "Right -Turn" lane and the
island upon approval of the City Council. The City Council hereby
finds that the public health, safety, and welfare will be best
protected by establishing a "Right -Turn" lane and a
painted/striped island for Prospectors Road at Fall Creek
Condominiums.
2. This resolution shall not become effective until the
"Right -Turn" lane and the painted/striped island have been
installed as required in Section 1 of this resolution.
3. The City Council of the City of Diamond Bar hereby
authorize and direct the Mayor to cause sign to be erected
indicating where the sign is to be required.
PASSED, APPROVED and APPROVED this day of , 1992
MAYOR
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 day of , 1992 by the
following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
.r
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0
AGENDA ITEM NO. 6.1
NO DOCUMENTATION AVAILABLE
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 30, 1992
FROM: James DeStefano, Community Development Director
TITLE: Second Reading, Ordinance No. 6(1992) entitled: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING SECTION
22.28.230 OF PART 6 OF CHAPTER 22.28 OF TITLE 22 AND ADOPTING
AMENDED SECTION 22.28.230, AND MAKING FINDINGS IN SUPPORT
THEREOF.
SUMMARY: The City Council is considering approval of the Second Reading and adoption of
Ordinance No. 6(1992).
RECOMMENDATION: Approve Second Reading and adopt Ordinance No. 6(1992)
LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
X Ordinances(s)
_ Agreement(s)
_ Other
EXTERNAL DISTRIBUTION: BIA
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? X Yes No
4. Has the report been reviewed by a Commission? —Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
ME
'Fkrrence L. Belanger
City Manager
J6Aes DeStefano
Community Develop ent Director
ORDINANCE NO. 6 (1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REPEALING SECTION 22.28.230 OF
PART 6 OF CHAPTER 22.28 OF TITLE 22 AND
ADOPTING AMENDED SECTION 22.28.230, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California and, on that date, the City Council adopted, by
reference, the Los Angeles County Code as the ordinances of the
City, including Title 22 thereof pertaining to Planning and Zoning
Regulations for the City of Diamond Bar. (Hereinafter said Title
22 shall be referred to as "the Zoning Ordinance.")
(ii) On October 16, 1990, the City Council enacted an
interim ordinance, pursuant to California Government Code Section
65858, to prescribe the permitted and conditionally permitted uses
which may be instituted within the C -M Commercial Manufacturing
Zone; the interim ordinance was subsequently extended on November
13, 1990, further applying the revised schedule of uses for the
term permitted by statute.
(iii) During the pendency of the interim ordinance,
City staff has conducted a review and analysis of the scope of uses
which would conform to the goals and objectives of the General
Plan, further the beneficial interests of the City and satisfy the
objectives and intent of the C -M Commercial Manufacturing Zone.
Staff's work product was reviewed and approved by the Planning
Commission of the City of Diamond Bar at its regularly scheduled
meeting of October 12, 1992. The Planning Commission has
recommended that the City Council amend the scope of uses in the
C -M Commercial Manufacturing Zoning district.
(iv) The City Council desires to adopt the recommended
amendments to the Los Angeles County Code as discussed hereinabove.
(v) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, be it ordained by the City Council of the
City of Diamond Bar as follows:
Section 1: In all respects as set forth in Part A,
Recitals, hereinabove.
Section 2: The City Council hereby finds and determines
that the adoption of this Ordinance is categorically exempt from
the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
pursuant to Section 15061(b)(3) of Division 6 of Title 14 of the
California Code of Regulations.
Section 3: The City Council hereby repeals Section
22.28.230 of the Los Angeles County Code as amended, and as adopted
by the City of Diamond Bar, in its entirety and adopts, as a new
Section 22.28.230 the listing of permitted uses, which shall read,
in words and figures, as is set forth on Exhibit "A" attached
hereto and hereby incorporated by reference.
Section 4: The City Council hereby declares that should
any provision, section, paragraph, sentence, or word of this
Ordinance be rendered or declared invalid by any final court action
in any court of competent jurisdiction, or by means of preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance shall remain in full force
and effect.
Section 5: The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be posted in three (3)
public places within the City of Diamond Bar pursuant to the
provisions of Resolution 89-6.
1992.
ADOPTED AND APPROVED this day of ,
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 City Council of the City of Diamond Bar held
on the 20th day of October, 1992, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held
on the day of
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
, 1992, by the following vote:
ATTEST:
City Clerk, City of Diamond Bar
EXHIBIT "A"
Sec. 28.23 CHAPTER 22.28
PART 6 -- CHAPTER 22.28
C -M COMMERCIAL
MANUFACTURING ZONE
SECTIONS:
22.28.230 Permitted uses.
22.28.240 Accessory uses.
22.28.250 Uses subject to Director's review and approval.
22.28.260 Uses subject to permits.
22.28.270 Development standards.
22.28.230 PERMITTED USES. Premises in Zone C -M may be used for:
A. The following commercial uses within an enclosed building:
1. Sales.
-- Antique shops.
-- Appliance stores, household.
-- Art galleries.
-- Art supply stores.
-- Auction houses, excluding animal auctions.
-- Automobile sales, sale of new and used motor
vehicles.
-- Automobile supply stores, provided all repair
activities are conducted within an enclosed building.
-- Bakery shops.
-- Bicycle shops.
-- Boat and other marine sales.
-- Bookstores.
-- Ceramics shops.
-- Clothing stores.
-- Confectionery or candy stores.
-- Delicatessens.
-- Department stores.
-- Disability rehabilitation and training centers,
except that assembly and manufacturing are permitted only as
provided in Subsection B of this section.
-- Dress shops.
-- Drugstores.
-- Feed and grain sales.
-- Florist shops.
-- Fruit and vegetable markets.
-- Furniture stores.
-- Furrier shops.
-- Gift shops.
-- Glass and mirror sales, including automobile glass
installation only when conducted within an enclosed building.
-- Grocery stores.
-- Hardware stores, including the sale of lumber and
other building supplies, but excluding milling or woodworking
other than incidental cutting of lumber to size, provided that
all sale, display, storage and incidental cutting is within an
enclosed building.
Sec. 28.230 (Cont.) CHAPTER 22.28
-- Health food stores.
-- Hobby supply stores.
-- Ice cream shops.
-- .jewelry stores.
-- Lapidary shops.
-- Leather goods stores.
-- Mail order houses.
-- Meat markets, excluding slaughtering.
-- Millinery shops.
-- Mobilehome sales.
-- Model home display centers and sales offices,
provided that such models shall not be used for residential
purposes unless a conditional use permit is first obtained
pursuant to the provisions of Part 1 of Chapter 22.56.
-- Motorcycle, motorscooter and trail bike sales,
conducted within an enclosed building.
-- Music stores.
-- Newsstands.
-- Notions or novelty stores.
-- Nurseries, including the growing of nursery
stock.
-- Office machines and equipment sales.
-- Paint and wallpaper stores.
-- Pawnshops.
-- Pet stores, within an enclosed building only.
-- Pet supply stores.
-- Photographic equipment and supply stores.
-- Radio and television stores.
-- Recreational vehicle sales conducted within an
enclosed building.
-- Retail stores.
-- Secondhand stores.
-- Shoe stores.
-- Silver shops.
-- Sporting goods stores.
-- Stamp redemption centers.
-- Stationery stores.
-- Tobacco shops.
-- Toy stores.
-- Trailer sales, box and utility, conducted within an
enclosed building.
-- Yarn and yardage stores.
2. Services.
-- Air pollution sampling stations.
-- Arboretums and horticultural gardens.
-- Assaying.
-- Automobile battery services, provided all repair
activities are conducted within an enclosed building.
-- Automobile brake repair shops, provided all repair
activities are conducted within an enclosed building.
-- Automobile muffler shops, provided all repair
activities are conducted within an enclosed building.
-- Automobile radiator shops, provided all repair
activities are conducted within an enclosed building.
-- Automobile rental and leasing agencies conducted
within an enclosed building.
Sec. 28.230 (Cont.) CHAPTER 22.28
-- Automobile repair garages within an enclosed
building only, and excluding body and fender work, painting and
upholstering.
-- Automobile service stations.
-- Automobile sightseeing agencies.
-- Bakery goods distributors.
-- Banks, savings and loans, credit unions and finance
companies.
-- Barbershops.
-- Beauty shops.
-- Bicycle rentals.
-- Blueprint shops.
-- Boat rentals, conducted within an enclosed building.
-- Book binderies.
-- Car washes, automatic, coin-operated and hand wash.
-- Carpet and rug cleaners.
-- Catering services.
-- Child care centers.
-- Colleges and universities, including appurtenant
facilities, giving advanced academic instruction approved by the
State Board of Education or other recognized accrediting
agencies.
-- Comfort stations.
-- Communication equipment buildings.
-- Community centers.
-- Costume rentals.
-- Dental clinics.
-- Dental laboratories.
-- Dog training schools, excluding boarding.
-- Dry cleaning establishments, provided that the
building is so constructed and the equipment is so installed and
maintained and the activity is so conducted that all noise,
vibration, dust, odor and all other objectionable factors will be
confined or reduced to the extent that no annoyance or injury
will result to persons or property in the vicinity.
-- Electric distribution substations, including
microwave facilities, provided:
a. That all such installations are completely
surrounded by a masonry wa]l to a height of not less than eight
feet. The Director may approve the substitution of a chain-link
or other industrial -type fence with screen planting where he
deems it appropriate. All such substitutions shall be subject to
the provisions of Part 12 of Chapter 22.56; and
b. That the area between the fence or wall and the
property line is landscaped and maintained while such use exists.
-- Electricians shops.
-- Employment agencies.
-- Film laboratories.
-- Fire stations.
-- Frozen food lockers.
-- Furniture and appliance rentals.
-- Furniture and household goods, transfer and storage.
-- Gas metering and control stations, public utility.
-- Hospital equipment and supply rentals.
-- Interior decorating studios.
-- Laboratories, research and testing.
-- Laundries, hand.
Sec. 28.230 (Cont.) CHAPTER 22.28
-- Laundries, retail.
-- Laundries, self-service.
-- Laundry agencies.
-- Laundry plants, wholesale.
-- Libraries.
-- Locksmith shops.
-- Lodge halls.
-- Medical clinics.
-- Medical laboratories.
-- Microwave stations.
-- Mimeograph and addressograph services.
-- Mortuaries.
-- Motion picture processing, reconstruction and
synchronizing of film with sound tracks.
-- Motion picture studios and indoor sets, including
the temporary use of domestic and wild animals in motion picture
and television production, provided said animals are kept or
maintained pursuant to all regulations of the Los Angeles County
Department of Animal Control, and are retained on the premises
for a period not exceeding 60 days. The Director may extend such
time period for not to exceed 30 additional days subject to the
provision of Part 12 of Chapter 22.56, on Director's review.
-- Motorcycle, motorscooter and trail bike rentals.
-- Museums.
-- Observatories.
-- Offices, business or professional.
-- Packaging businesses.
-- Party equipment rentals.
-- Pet grooming, excluding boarding.
-- Photocopying and duplicating services.
-- Photoengravers and lithographers.
-- Photography studios.
-- Plumbing shops.
-- Police stations.
-- Post offices.
-- Printers or publishers.
-- Public utility service centers.
-- Radio and television broadcasting studios.
-- Real estate offices.
-- Recording studios.
-- Recreational vehicle rentals.
-- Repair shops, household and fix -it.
-- Restaurants and other eating establishments,
including food take-out.
-- Reupholsterers, furniture.
-- Revival meetings, tent, temporary, operated at one
particular location if not within 300 feet of any public park or
school or area in any residential zone and not longer than seven
days in any six-month period.
-- Schools, through grade 12, accredited, including
appurtenant facilities, which offer instruction required to be
taught in the public schools by the Education Code of the State
of California.
-- Schools, business and professional, including art,
barber, beauty, dance, drama and music and trade schools.
-- Shoe repair shops.
-- Shoeshine stands.
Chp. 28.230 (Cont.) CHAPTER 22.28
-- Sightseeing agencies.
-- Stations: bus, railroad and taxi.
-- Tailor shops.
-- Taxidermists.
-- Telephone repeater stations.
-- Tire retreading or recapping.
-- Tool rentals, including rototillers, power mowers,
sanders and saws, cement mixers and other equipment, but
excluding heavy machinery or trucks exceeding two tons capacity.
-- Tourist information centers.
-- Trailer rentals, box and utility only, conducted
within an enclosed building.
-- Truck rentals, excluding trucks exceeding two tons
capacity, conducted within an enclosed building.
-- Union halls.
-- Veterinary clinics, small animals.
-- Watch repair shops.
-- Wedding chapels.
3. Recreation and Amusement.
-- Amusement rides and devices, including
merry-go-rounds, ferris wheels, swings, toboggans, slides,
rebound -tumbling and similar equipment operated at one particular
location not longer than seven days in any six-month period.
-- Athletic fields.
-- Carnivals, commercial, including pony rides,
operated at one particular location not longer than seven days in
any six-month period.
-- Parks and playgrounds with all appurtenant
facilities customarily found in conjunction therewith.
B. The following industrial uses, provided all activities are
conducted within an enclosed building:
1. Assembly and Manufacture. Assembly and manufacture
from previously prepared materials, and excluding the use of drop
hammers, automatic screw machines, punch presses exceeding five
tons capacity and motors exceeding one horsepower capacity that
are used to operate lathes, drill presses, grinders or metal
cutters:
-- Aluminum products.
-- Appliance assembly, electrical, electronic and
electromechanical.
-- Bone products.
-- Canvas products.
-- Cellophane products.
-- Cloth products.
-- Cosmetics, excluding soap.
-- Equipment assembly, electrical, electronic and
electromechanical.
-- Felt products.
-- Fur products.
-- Glass products and stained-glass assembly, provided
no individual crucible shall exceed a capacity of 16 square feet.
-- Golf ball manufacture.
-- Instrument assembly, electrical, electronic and
electromechanical, including precision machine shops.
-- Jewelry manufacture.
-- Leather products, excluding machine belting.
Sec. 28.230 (Cont.) CHAPTER 22.28
-- Metals, working and casting of rare, precious or
semiprecious metals.
-- Metal plating.
-- Optical goods manufacture.
-- Paper products.
-- Perfume manufacture.
-- Phonograph records manufacture.
-- Plastic products.
-- Shell products.
-- Stone products.
-- Textile products.
-- Toiletries, products.
-- Wicker and bamboo products.
-- Yarn products, excluding dyeing of yarn.
2. Food processing
-- Bakeries.
-- Candy and confectioneries.
-- Fruit and vegetable juices.
-- Ice cream.
22.28.240 ACCESSORY USES. Premises in Zone C -M may be used for:
A. The following accessory uses, subject to the same
limitations and conditions provided in Section 22.28.040 (Zone
C -H):
-- Accessory buildings and structures.
-- Building materials, storage of.
B. The following additional accessory uses, subject to the
same limitations and conditions provided in Section 22.28.190
(Zone C-3):
-- Manufacturing, processing, treating and packaging
incidental to and operated in conjunction with the business
conducted on the premises, except as otherwise provided as a
principal use in Section 22.28.230.
C. The following additional accessory uses:
- Signs as provided in Ordinance 5(1991).
22.28.250 USES SUBJECT TO DIRECTOR'S REVIEW AND APPROVAL. If
site plans therefor are first submitted to and approved by the
Director, premises in Zone C -M may be used for:
A. The following uses, subject to the same limitations and
conditions provided in Section 22.28.050 (Zone C -H):
-- Access to property lawfully used for a purpose not
permitted in Zone C -M.
-- Christmas trees and wreaths, the sale of.
-- Live entertainment, accessory, in a legally
established bar, cocktail lounger or restaurant having an
occupant load of less than 200 people, where in full compliance
with the conditions of Section 22.56.1754.
22.28.260 USES SUBJECT TO PERMITS. Premises in Zone C -M may be
used for:
A. The following uses, provided a conditional use permit
has first been obtained as provided in part 1 of Chapter 22.56,
and while such permit is in full force and effect in conformity
with the conditions of such permit for:
Sec. 28.260 CHAPTER 22.28
-- Adult businesses in addition to those specifically
classified in this section, including but not limited to, love
parlors, nude studios, sexual catharsis centers, sexual encounter
shops, sexual novelty stores and other similar uses, provided
that, as a condition of use, such uses shall not be located
within a 1,000 -foot radius of any other adult business, and
subject to the provisions of Section 22.56.190.
-- Alcohol sales for on or off-site consumption.
-- Ambulance services.
-- Amphitheatre.
-- Amusement rides and devices, including merry-go-
rounds, ferris wheels, swings, toboggans, slides,
rebound -tumbling and similar equipment for longer than seven
days.
-- Arcades, adult, provided that, as a condition of
use, such use shall not be located within a 1,000 foot radius of
any other adult business, and subject to the provisions of
Section 22.56.190.
-- Arcades, game or movie.
-- Archery ranges.
-- Automobile, boat, motorcycle, recreational vehicle,
trailer, trucks and similar vehicles sale, lease or rental
conducted with outdoor storage or display.
-- Automobile body and fender repair, painting and
upholstering, when incidental to the sale of new automobiles.
-- Automobile body and fender repair shops, provided
that all operations are conducted within an enclosed building.
-- Automobile impound yards, subject to the conditions
of Part 4 of Chapter 22.52, except as otherwise prescribed by the
Commission in approving an application therefor.
-- Automobile painting and upholstering shops, provided
that all operations are conducted within an enclosed
building.
-- Bars and cocktail lounges, but excluding cabarets.
-- Billiard halls.
-- Boats, minor repair of.
-- Bookstores, adult, provided that, as a condition of
use, such use shall not be located within a 1,000 -foot radius of
any other adult business and subject to the provisions of Section
22.56.190.
-- Bowling alleys.
-- Boxing arenas.
-- Butane and propane service stations.
-- Cabarets, provided that, as a condition of use, such
use shall not be located within a 1,000 -foot radius of any other
adult business, and subject to the provisions of Section
22.56.190.
-- Cardrooms or clubs.
-- Carnivals, commercial, including pony rides, for
longer than seven days.
Churches, temples or other places used exclusively
for religious worship, including customary incidental educational
and social activities in conjunction therewith.
-- Circuses.
-- Convents and monasteries.
-- Dance halls.
-- Dog kennels.
-- Earth stations.
-- Electric transmission substations and generating
plants, including microwave facilities used in conjunction with
any one thereof.
-- Escort bureaus.
-- Games of skill.
-- Gas, industrial, including oxygen, acetylene, argon,
carbon dioxide and similar gases in Interstate Commerce
Commission approved-type cylinders.
-- Gas distribution depots, public utility.
-- Golf driving ranges.
-- Gymnasiums.
-- Health clubs or centers.
-- Heliports.
-- Helistops.
-- Hospitals.
-- Hospitals, small animal.
-- Hotels.
-- Live entertainment, accessory, in a legally
established bar, cocktail lounge or restaurant having an occupant
load of less than 200 people, where the conditions of Section
22.56.1754 have not or cannot be met. This provision shall not
be construed to authorize the modification of development
standards required for establishment of such bar, cocktail lounge
or restaurant, except as otherwise provided by Part 2 of Chapter
22.56.
-- Massage parlors, provided that, as a condition of
use, such use shall not be located within a 1,000-foot radius of
any other adult business, and subject to the provisions of
Section 22.56.190.
-- Miniature golf courses.
-- Mobilehome parks, subject to the conditions of part
6 of Chapter 22.52.
-- Mobilehomes for use by a caretaker and his immediate
family, in accordance with Part 6 of Chapter 22.52.
-- Model studios, provided that, as a condition of use,
such use shall not be located within a 1,000-foot radius of any
other adult business, and subject to the provisions of Section
22.56.190.
-- Motels.
-- Night clubs.
-- Parcel delivery terminals.
-- Parking lots and parking buildings.
-- Outdoor dining, where the conditions of Subsection G
of Section 22.28.070 have not or cannot be met.
-- Pool halls.
-- Public utility service yards.
-- Publicly owned uses necessary to the maintenance of
the public health, convenience or general welfare in addition to
those specifically listed in this section.
-- Radio and television stations and towers.
-- Recreation clubs, commercial, including tennis,
polo, swimming and similar outdoor recreational activities,
together with appurtenant clubhouse.
-- Revival meetings, tent, for longer than seven days.
-- Rifle, pistol, skeet or trap ranges.
-- Shooting galleries.
-- Signs as provided in Part 10 of Chapter 22.52.
-- Skating rinks, ice or roller.
-- Solid fill projects.
Sec. 22.28.260 (Cont.) CHAPTER 22.28
-- Steam or sauna baths.
-- Storage, temporary, of materials and construction
equipment used in construction or maintenance of streets and
highways, sewers, storm drains, underground conduits, flood
control works, pipelines and similar uses, for a period not to
exceed one year.
-- Swap meets.
-- Theaters, adult, provided that, as a condition of
use, such use shall not be located within a 1,000 -foot radius of
any other adult business, and subject to the provisions of
Section 22.56.190.
-- Theaters and other auditoriums.
-- Temporary uses as provided in Part 14 of Chapter
22.56.
22.28.270 DEVELOPMENT STANDARDS. Premises in Zone C -M shall be
subject to the following development standards:
A. That not to exceed 90 percent of the net area be
occupied by buildings, with a minimum or 10 percent of the net
area landscaped with a lawn, shrubbery, flowers and/or trees,
which shall be continuously maintained in good condition.
Incidental walkways, if needed, may be developed in the
landscaped area.
B. That there be parking facilities provided as required
by Part 11 of Chapter 22.52.
C. Outside Display. All display in Zone C -M shall be
located wholly within an enclosed building except for the
following:
-- Amusement rides and devices.
-- Automobile service stations, limited to automobile
accessories and facilities necessary to dispensing petroleum
products only.
-- Carnivals, commercial.
-- Christmas trees and wreaths, the sale of.
-- Electric distribution substations.
-- Gas metering and control stations, public utility.
-- Parking lots.
-- Restaurants and other eating establishments,
including food take-out, subject to the standards specified by
Subsection G of Section 22.28.070.
Signs, outdoor advertising.
D. Outside Storage. Outside storage is permitted on the
rear of a lot or parcel of land in Zone C -M when such storage is
strictly incidental to the permitted use existing in a building
on the front portion of the same lot or parcel of land, and
provided no storage is higher than the enclosure surrounding it
nor nearer than 50 feet to the front property line. Any outdoor
area used for storage shall be completely enclosed by a solid
masonry wall and solid gate, not less than five feet nor more
than six feet in height, except that the Director may approve the
substitution of a fence or decorative wall where, in his opinion,
such wall or fence will adequately comply with the provisions of
this section. All such requests for substitution shall be
subject to the provisions of Part 12 of Chapter 22.56, on
Director's review.
E. Planned npiyol—rmcn+_ ;+16;„ +1,- n_u M--- >na
located at the southwest corner of Grand Avenue and Golden
Springs Drive shall, upon application for development approval or
subdivision, concurrently submit a Planned Development (Master
Plan) for Conditional Use Permit approval.
The purpose of the Planned Development is to encourage
consolidation or integration of land uses in order to achieve
superior design, land use efficiencies, cohesive appearance,
coordinate access and reduce incremental development costs.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. .
TO: Honorable Mayor and Members of the City Council MEETING DATE: November 3, 1992
FROM: Terrence L. Belanger, City Manager REPORT DATE: October 28, 1992
TITLE: Municipal Solid Waste Collection, Disposal and Recycling Contract
SUMMARY: The Solid Waste Subcommittee has concluded their negotiations with Western Waste Industries
and has instructed staff to prepare, for the Council's consideration, the attached franchise
agreement for the provision of solid waste collection, disposal and recycling services within the
incorporated City boundaries. Some of the principal features of this agreement include, but are
not limited to: (1) the provision of two options for the collection of refuse and recyclable
materials from single family residences. The first option consists of one 100 -gallon container
for refuse and one 32 -gallon container for commingled recyclables for $9.74 per month. The
second option, which is available to eligible senior citizens, disabled individuals, and other
situations as approved by the City Manager, will cost $8.90 per month and will consist of one
64 -gallon container for refuse and one 32 -gallon container for commingled recyclables; (2) the
ability to negotiate special collection services and fees with multi -family residential customers
(i.e., homeowner associations); (3) City authority to control rates and establish customer service
and performance standards; (4) discounts to senior citizens and special collection services for
the physically disabled; (5) guaranteed disposal capacity for all solid waste generated within the
City for the length of the contract; and (6) insured compliance with AB 939 and City
indemnification against all fines or penalties imposed by the California Integrated Waste
Management Board in the event that waste diversion goals are not achieved.
LIST OF ATTACIJIENTS:_j Staff p
— Resolution(s)
— Ordinances(s)
Agreements)
— Other
SUBMITTAL CHECKLIST:
('orbs = xm PWV)
_ Public Hearing Notification
— Bid Specification (on file in City Clerk's Office)
1. 1 the Y e �oluom. ordinaooe qr agreement been reviewed Aes No
Y Cry? ty Ame—
2. Does the repo" require a majorit or 4/5 vote? MAJORITY3. Has environmaold impact been assessed? MAJORITY
No
4. Has the report been reviewed by a Commission? —
Which Commission? Cowl Subcommittee Yes — No
S• Are otter departments affected by the report?
Report discussed with the followingaffected — Yd No
departments:
REVIEWED BY:
Terrence L. Belanger Troy. L. B
City Manager A the City
RECOM1 EMATION:
Based on the Subcommittee's findings, it is recommended that the City Council consider one of the
following options and direct staff as necessary:
Option I
(a) Select a contract term from one of the following alternatives:
(i) Five (S) year term no extension provisions.
(ll) Six (6) year term with a one (1) year six (6) month discontinuance period.
Five (S) years, with automatic one-year renewals, unless terminated by
either party (Evergreen).
(b) Approve the type and level of franchise fee that Western Waste will remit to the City.
(c) Incorporate the selected length of term and franchise fee provisions into the attached franchise
agreement.
(d) Approve and authorize the Mayor to execute an agreement between the City of Diamond Bar
and Western Waste Industries granting the exclusive right and privilege to arrange for the
collection, transportation, recycling, composting and disposal of solid waste, recyclable and
compostable material generated within the incorporated City boundaries.
Option II
-OR-
The City Council should: (1) terminate the current selection process; and (2) direct staff to prepare a
bid package, with specifications, for the purpose of soliciting qualified contractors of solid waste
collection, disposal and recycling services.
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 3, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Municipal Solid Waste Collection, Disposal and Recycling
Contract
ISSUE STATEMENT:
The Solid Waste Subcommittee has concluded their negotiations with Western
Waste Industries and has instructed staff to prepare, for the Council's
consideration, the attached franchise agreement for the provision of solid
waste collection, disposal and recycling services within the incorporated
City boundaries.
RECOMMENDATION:
Based on the Subcommittee's findings, it is recommended that the City Council
consider one of the following options and direct staff as necessary:
Option I
(a) Select a contract term from one of the following alternatives:
(i) Five (5) year term no extension provisions.
(ii) Six (6) year term with a one (1) year six (6) month
discontinuance period.
(iii) Five (5) years, with automatic one-year renewals,
unless terminated by either party (Evergreen).
(b) Approve the type and level of franchise fee that Western Waste will
remit to the City.
(c) Incorporate the selected length of term and franchise fee
provisions into the attached franchise agreement.
(d) Approve and authorize the Mayor to execute an agreement between the
City of Diamond Bar and Western Waste Industries granting the
exclusive right and privilege to arrange for the collection,
transportation, recycling, composting and disposal of solid waste,
recyclable and compostable material generated within the
incorporated City boundaries.
Br.Tm
Option II
The City Council should: (1) terminate the current selection process;
and (2) direct staff to prepare a bid package, with specifications, for
the purpose of soliciting qualified contractors of solid waste
collection, disposal and recycling services.
rMu2 eTAL MUMMARY
It is estimated that an exclusive franchise in the City of Diamond Bar could
generate revenues in excess of $5,000,000 dollars per year. Assuming a 10%
franchise fee, the City can expect to receive approximately $500,000 per
year. The revenues derived from this fee could be used to offset the direct
and indirect costs that solid waste collection, disposal and recycling
services will have on the City.
BACKGROUND:
In December 1991, the City Council declared its intent to establish an
exclusive franchise for the provision of municipal solid waste collection,
disposal and recycling services within the incorporated boundaries of the
City. Pursuant to that decision, the Council directed staff to evaluate the
comparative qualifications and service capabilities of several firms
providing solid waste collection and disposal services to the community.
In February 1992, an exhaustive evaluation of the comparative qualifications
of three solid waste firms was conducted. After careful evaluation of each
firm, staff concluded that Western Waste Industries was the best qualified
and recommended to the Council that the City enter into exclusive
negotiations with them.
On March 17, 1992, the City Council formed a special subcommittee, consisting
of Councilmembers Werner and Miller, to negotiate a municipal solid waste
collection, disposal and recycling services agreement with Western Waste
Industries.
PROPOSED FRANCHISE AGREEMENT
The proposed agreement with Western Waste Industries is the culmination of
several months of intricate negotiations. The resulting document represents
a "model" approach to integrated waste management programs and is
specifically designed to achieve state mandated diversion goals while
maintaining the lowest possible cost to the City and its residents. Some of
the principal features incorporated within the proposed agreement include,
but are not limited to:
o RESIDENTIAL COLLECTION SERVICES. Western will provide two
options for the collection of refuse and recyclable material.
The first option consists of one (1) 100 -gallon container for
refuse and one (1) 32 -gallon container for commingled
recyclables. The second option, which is available to
eligible senior citizens, disabled individuals, and other
situations as approved by the City Manager, consists of one
(1) 64 -gallon container for refuse and one (1) 32 -gallon
container for commingled recyclables.
o CITYWIDE RECYCLING SERVICES. Western will institute a
comprehensive recycling program consisting of curbside
recycling services for single-family residences; technical
assistance, on-site waste audits, and recycling services to
commercial subscribers and multi -family residences; and
construction and demolition waste recycling services.
0 BULKY GOODS PICK-UP. During the first year of the contract,
Western will provide free unlimited curbside collection of
h"IIcy cJoods uF__ --.1— of to x-- , A &- _—i -
Commencing on the second anniversary of the Franchise and all
subsequent years of it, Western will provide two (2) free
curbside Bulky Goods collection events per year, on dates
selected by the City Manager, for single family residences and
at designated locations within multi -family residences. There
are no size or weight restrictions except that Western Waste
is not required to remove automobile bodies, materials brought
in from other areas or any other items that may not be safely
handled by two persons.
o HOLIDAY TREE RECYCLING. Western will collect, transport and
recycle all Holiday trees which are placed at the curb, from
all single family residences within the City during the period
beginning on the first Monday following Christmas and ending
on the third Monday in January. In addition, special
collection containers will be placed at several locations
throughout the community to facilitate multi -family residences
that do not have curbside collection services.
o WASTE MOTOR OIL COLLECTION. Western will provide one (1)
reusable container or suitable alternative, to each customer
upon request, for the collection of used motor oil. Western
will collect used motor oil containers placed at the curb and
replace them with empty containers, at no additional charge to
the service recipients.
o BACKYARD COMPOSTING PROGRAM. Western will institute, at no
expense to the City, a voluntary backyard yardwaste program
for residential customers. The first 100 single-family
residences that register with receive a free composting bin
appropriate for the controlled biologically decomposition of
organic materials (e.g., yardwastes). In addition, Western,
at their sole expense, will provide all necessary technical
assistance and educational materials to advise participants on
proper composting techniques and answer any questions or
problems relating to the program.
o DISABLED INDIVIDUALS AND SENIOR CITIZENS DISCOUNT. Western
Waste will offer a 15 percent discount on services rendered to
senior citizens. In addition, Western will provide, at no
additional charge, manual carry out collection services to
single family residential customers that are not able to place
their containers at the curb due to physical disabilities.
o INDEMNIFICATION. Western Waste will protect, defend (with
counsel approved by City) and indemnify the City against all
fines or penalties imposed by the California Integrated Waste
Management Board in the event the waste diversion goals as set
forth by AB 939 are not achieved. In addition, Western will
defend, protect and hold harmless the City, its officers,
employees, agents, assigns and any successor or successors to
the City's interest from and against all claims, actual
damages (including but not limited to special and
consequential damages), natural resources damage, punitive
damages, injuries, and costs resulting from the disposal of
hazardous materials and/or substances at any place where
Western stores or disposes of municipal solid waste pursuant
to this Franchise.
O R-VVXLW AND v --- _-
adjustments to reflect changes in the Consumer Price Index
(CPI) and landfill tipping fees, collection rates cannot be
modified or adjusted unless approved by a resolution of the
City Council.
o CUSTOMER SATISFACTION, PERFORMANCE AND EQUIPMENT STANDARDS..
Throughout the term of this Franchise, the City may hold
annual hearings to review Western's performance and quality of
services. If any deficiencies exist, the City may direct
Western to correct the inadequacies or face possible damages
or termination of the Franchise Agreement.
o LONG-TERM DISPOSAL CAPACITY. In the event of a disposal
shortfall, due to a planned phase-out or closure of an
existing solid waste disposal facility, Western will guarantee
disposal capacity, at a duly permitted disposal facility, for
all solid wastes generated within the City during the term of
this Franchise Agreement.
RATE ANALYSIS
Western will provide two options with corresponding rate schedules for the
collection of refuse and recyclable materials from single family residences.
The first option consists of one (1) 100 -gallon container for refuse and one
(1) 32 -gallon container for commingled recyclables. The cost of this option
is $9.74 per month. The second option, which is available to eligible senior
citizens, disabled individuals, and other situations as approved by the City
Manager, will cost $8.90 per month and will consist of one (1) 64 -gallon
container for refuse and one (1) 32 -gallon container for commingled
recyclables.
The rates negotiated with Western are 11% to 17% lower than the rates
currently charged by other solid waste companies for residential collection
services. This represents a savings of $1.21 over Community's collection
rate and $2.01 over Waste Management's residential collection rate.
An analysis of Western's rate compared to current waste collection charges in
other cities reveals a comparable cost savings as well. According to the
California Disposal Association, which conducts a quarterly survey of refuse
rates in Los Angeles County, in those cities that have an exclusive franchise
agreement the average charge for residential collection service, excluding
recycling, is $9.35 per month. When combined with an average recycling
charge of $1.50 per month, the cost for residential collection increases to
$10.85. This is a difference of $1.11 or 11% more than the rate that has
been negotiated with Western Waste.
A similar trend exists in a comparison of commercial collection rates. In
fact, of ten (10) San Gabriel Valley cities with exclusive franchises, the
average rate for a three ( 3 ) cubic yard bin with weekly pickup is $75.00
(SOURCE: California Disposal Association). This is $22.00 higher than the
rate proposed by Western Waste for a similar level of service.
TERM
Prior to the enactment of AB 939, the minimum term of most waste contracts
was five (5) years. However, in an ever deepening regulatory environment
combined with tighter restriction on credit many waste companies are seeking
longer contract terms.
There are several reasons why the C i tv a he -N111 A r-r3nc: i A,pr a 1 rmrlpr- f—t r
agreement. First, since most lending institutions and creditors are looking
for stability when extending credit, a long term agreement allows a company
to secure financing at favorable interest rates. Second, if a company is
able to fully amortize their investment within a community, they are
generally more willing to extend lower collection rates. Finally, in order
to implement a successful combination of source reduction, recycling and
composting programs and to ensure complete compliance with state waste
diversion goals, an agreement should have a term that extends to the year
2000. In doing so, the City guarantees both continuity in programming and
indemnification against all fines or penalties imposed by the California
Integrated Waste Management Board in the event that waste diversion goals are
not meet.
Although the Council Subcommittee gave considerable discussion to these
issues, they were unable to reach a consensus regarding the length of term.
However, three (3) alternatives were explored and are being offered to the
City Council for consideration. These alternatives include: (1) a five (5)
year term with no extension provisions; (2) a six (6) year term with a one
(1) year six (6) month discontinuance period; and (3) a five (5) year term,
with automatic one-year renewals, unless terminated by either party
(Evergreen). Staff believes that a term of six (6) years with a one (1) year
six (6) month discontinuance period would best serve the interests of the
City and the contractor because it would carry the City through both the
short and medium term planning periods for AB 939, as well as provide the
contractor with a minimal amount of security for their investment.
FRANCHISE FEE
To help reduce the financial ramifications of waste collection services and
the costs of implementing an integrated waste management program, the City
can, as part of the franchise agreement, assess a franchise fee. This fee is
not solely consideration for the exclusive rights to provide collection,
disposal and recycling services, but is also consideration for the impacts
that these services have on the City's infrastructure (e.g., streets, curbs,
gutters, sidewalks, etc.), liability exposure, and ability to meet its state
mandated waste diversion goals.
The type of fee structure established by the City can vary from a flat
surcharge assessed annually to a percentage of the company's gross revenues.
Although the Subcommittee discussed the issue of a franchise fee, it was
concluded that the type of fee, level and frequency of payment should be
referred to the City Council for deliberation.
To assist the City Council in making a decision, staff has prepared a matrix
(See Attached) which illustrates various franchise fee options and their
impact on the base rates for each level of services provided by the
contractor. Based on a survey of franchise fees assessed in other cities,
staff would recommend that the Council consider a franchise fee of 10% of the
contractor's gross revenues.
Summary:
As was previously mentioned, the proposed franchise agreement represents a
"model" approach to integrated waste management programs. In addition to the
areas highlighted above, this agreement contains a variety of free services
such as pick-up of illegally dumped bulky goods, disaster preparedness
containers for schools and public facilities, and no cost refuse collection
and recycling P-_ _XM 1___� _ -- ---s_ __
within the City. Perhaps the most important aspect of this document, is that
it contains a number of provisions designed to bring the City into compliance
with state waste reduction goals at little or no expense to the City.
Furthermore, since the franchisee will be fully responsible for meeting these
goals by the deadlines established under State law, the City and its
residents will be protected from any penalties and fines that may be assessed
for noncompliance. This will insure a higher level of service to the
community since the company will be held accountable to the State and could
face termination of their agreement with the City for non-performance.
Rates negotiated under this agreement appear to be lower than rates charged
in most franchised cities according to a survey compiled by the California
Disposal Association. In fact, the proposed residential collection rates are
lower than any rate charged in the East San Gabriel Valley for a similar
level of service. Commercial rates reflect a similar trend and appear to be
almost 30% lower than the rates charged in other franchised communities.
The company selected for this agreement is well qualified and has
demonstrated that they possess the ability and resources necessary to render
solid waste collection, disposal and recycling services to the City. In fact,
according to a survey conducted by the "Los Angeles Business Journal,"
Western Waste Industries was ranked number four (4) in overall commitment of
personnel and resource among recycling firms in the greater Los Angeles area.
Most recently, Western Waste Industries was awarded an $80 million, six-year
contract by the City of San Jose to provide recycling and refuse collection
services to almost 60% of their single-family residences. In selecting
Western Waste, San Jose officials cited the company's thorough technical
proposal, excellent data monitoring and reporting, and good community
relations program.
Staff believes that Western Waste has demonstrated a higher level of
commitment, resources and overall capabilities to not only meet the varying
needs of the community, but to insure compliance with state mandated
diversion goals at the lowest possible cost. Therefore, it is recommended
that the City Council consider one of the aforementioned options and direct
staff as necessary.
PREPARED BY:
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the City
Assistant the City
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SECTION 9. TERM.
Version 3
A. The term of this Franchise shall be for a period of five (5) years, and shall commence on
and expire on . On the first anniversary of the
effective date of the term of this Franchise Agreement, and on each anniversary date thereafter
the term of this Agreement shall be automatically extended one (1) year, so that the remaining
term shall continue to be five (5) years. In no event shall said term, including any extension
thereof, at any time exceed a total period of ten (10) years. Should either party desire
termination of the automatic one (1) year extension provision, that party shall give written
notice to the other party of such termination, at least thirty (30) days prior to the anniversary
date. Such notice shall terminate this automatic extension provision, and this Franchise
Agreement shall then remain in effect for the balance of the five (5) -year term, unless earlier
terminated for default or by agreement of the Parties.
SECTION 9. TERM:
Version 2
A. The term of this Franchise shall be for a period of six (6) years, and shall commence on
and expire on . Twelve (12) months prior
to the expiration date of the term of this Franchise agreement, the City shall provide a written
"Notice of Termination" to the Grantee that the agreement shall be terminated at the balance
of the term then outstanding. The Grantee shall be given the remaining balance of the six
(6) -year term plus an additional one (1) year and six (6) months, unless earlier terminated for
default or by agreement of the Parties, to discontinue operations within the City. In no event
shall said term, including any discontinuance period thereof, at any time exceed an aggregate
term of seven (7) years and six (6) months.
SECTION 9. TERM:
Version 1
A. The term of this Franchise shall be for a period of five (5) years, and shall commence on
, and expire on . Twelve (12) months prior to
the expiration date of the term of this Franchise agreement, the City shall provide a written
"Notice of Termination" to the Grantee that the agreement shall be terminated at the balance
of the term then outstanding. The Grantee shall be given the remaining balance of the five
(5) -year term unless earlier terminated for default or by agreement of the Parties, to discontinue
operations within the City.
MUNICIPAL SOLID WASTE COLLECTION, DISPOSAL,
AND RECYCLING SERVICES CONTRACT
An Agreement Between the City of Diamond Bar and
Westem Waste kidfustries for the Collection Transportation
Recyc ft Conposft and Disposal of Sold Waste,
Recyclable and Compostaft Materia/,
TABLE nR 0nWTRWT9
SECTION PAGE
SECTION 1. GRANT OF EXCLUSIVE FRANCHISE FOR COMMERCIAL,
RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND
TEMPORARYBIN SERVICES ........................... 3
SECTION2. DEFINITIONS ..................................... 4
SECTION3. ACCEPTANCE: WAIVER .............................. 7
SECTION4. FRANCHISE AREA ................................... 7
SECTION 5. SERVICES PROVIDED BY GRANTEE ..................... 7
SECTION6. FRANCHISE FEES ................................... 11
SECTION 7. REIMBURSEMENT OF CITY EXPENSES ................... 11
SECTION 8. PERFORMANCE DEPOSIT .............................. 11
SECTION 9. TERM: EXTENSIONS ................................. 12
SECTION 10. FRANCHISE TRANSFERRABLE: CITY
CONSENTREQUIRED ................................. 12
SECTION 11. FRANCHISE TRANSFER: FEES ........................ 13
SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION ............. 13
SECTION13. MEDIATION PROCEDURE .............................. 16
SECTION 14. CITY'S ADDITIONAL REMEDIES ....................... 17
SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY....... 18
SECTION16. PRIVACY .......................................... 18
SECTION 17. REPORTS AND ADVERSE INFORMATION .................. 19
SECTION 18. PUBLIC INFORMATION AND EDUCATION ................. 21
SECTION 19. ANNUAL REVIEW OF PERFORMANCE AND
QUALITY OF SERVICE ............................... 21
SECTION 20. SYSTEM AND SERVICES REVIEW ....................... 21
SECTION21. COMPENSATION ..................................... 22
SECTION22. COLLECTION EQUIPMENT ............................. 25
SECTION 23. PUBLIC ACCESS TO GRANTEE ......................... 26
SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS....... 26
SECTION 25. OWNERSHIP OF SOLID WASTE .... ._
SECTION 26. INDEMNIFICATION AND INSURANCE .................... 28
SECTION 27. GRANTEE'S BOOKS AND RECORDS: AUDITS............
.. 30
SECTION 28. GENERAL PROVISIONS...
EXHIBIT A FRANCHISE AREA
EXHIBIT B SPECIAL WASTES
EXHIBIT C RECYCLING PROGRAM
EXHIBIT D YARDWASTE PROGRAM
EXHIBIT E SCHEDULE OF RATES
EXHIBIT F PUBLIC INFORMATION AND EDUCATION
AGREEMENT BETWEEN THE CITY nF DIdMAmn n_&n
AND WESTERN WASTE INDUSTRIES,
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING
AND DISPOSAL OF SOLID WASTE, RECYCLABLE
AND COMPOSTABLE MATERIAL
This Franchise Agreement ("Franchise Agreement") is entered into this day of
1992, by and between the CITY OF DIAMOND BAR ("City") a
municipal corporation, and WESTERN WASTE INDUSTRIES ("Grantee"), a
California corporation, for the collection, transportation, recycling, composting and
disposal of solid waste, recyclables and compostables.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989 (AB 939-'), has declared that it is within
the public interest to authorize and require local agencies to make adequate
provisions for solid waste handling within their jurisdictions; and
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1) the
City Council of the City of Diamond Bar ("City") has determined that the public
health, safety and well-being require that an exclusive franchise be awarded to a
qualified solid waste enterprise for solid waste collection, recycling, composting and
disposal services in residential, commercial, construction and industrial areas in the
City of Diamond Bar; and
WHEREAS, City and Western Waste Industries are mindful of the provisions of the
laws governing the safe collection, transport, recycling and disposal of solid waste,
including AB 939, the Resource Conservation and Recovery Act and the
Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"); and
WHEREAS, City and Western Waste Industries desire to leave no doubts as to their
respective roles, and that by entering into this agreement, City is not thereby becom-
ing a "generator" or an "arranger" as those terms are used in CERCLA s 107(a)(3),
and that it is Western Waste Industries, not City, which is "arranging for" the
collection, transportation and disposal of municipal solid wastes which may contain
hazardous substances; and
WHEREAS, the City Council of the City of Diamond Bar declares its intention to
maintain reasonable rates for the collection, transportation, recycling, composting and
disposal of solid waste, recyclables and compostables generated within the City limits;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. GRANT OF EXCLUSIVE FRANCHISE FOR COMMERCIAL
RESIDENTIAL CONSTRUCTION INDUSTRIAL AND
TEMPORARY BIN SERVICES.
This Franchise Agreement grants an exclusive solid waste franchise (hereinafter,
"Franchise") as defined in SECTION 2., below, to WESTERN WASTE INDUSTRIES,
pursuant to Ordinance No. 2 (1990) of the City �f il,a,„e,�� Dr,.
"Ordinance 2-90") and California Public Resources Code Section 40059(a)(1)tfor the
collection, transportation, recycling, composting, and disposal of solid waste and
construction debris and for providing temporary bin/rolloff services in commercial,
residential, construction, and industrial areas within the City of Diamond Bar. The
exclusivity of this Franchise is subject to any of the terms of any pre-existing solid
waste, construction debris, or temporary bin/rolloff service licenses, permits, or
Resolutions previously granted by the County of Los Angeles or the City of Diamond
Bar.
SECTION 2. DEFINITIONS.
Whenever any term used in this Franchise has been defined by Ordinance No. 2
(1990) of the City of Diamond Bar or Division 30, Part 1, Chapter 2 of the California
Public Resources Code, the definitions in this Ordinance or Public Resources Code
shall apply unless the term is otherwise defined in this Franchise.
A. "AB 939" means the California Integrated Waste Management Act of 1989, as it
may be amended from time to time, and as implemented by the regulations of the
California Integrated Waste Management Board.
B. "Bins" means those containers provided by Grantee for commercial, industrial,
construction and residential unit uses. Bins are usually two (2) to six (6) cubic yards
in size, which are picked up by refuse trucks by means of front loading apparatus.
C. "Bulky Goods" means discarded household furniture, Furnishings or appliances,
including white goods; automobile parts, including tires; rock or brick in reusable
form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in bundles
not exceeding eighteen (18) inches in diameter or four (4) feet in length and other
items the size or weight of which precludes or complicates their handling by normal
collection, processing or disposal methods.
D. "City Limits" means the boundaries of the City together with all amendments and
changes thereto, which boundaries are shown by maps incorporated herein by
reference and which are on file in the office of the City Clerk.
E. "Commercial Solid Wastes" include all types of solid wastes generated by stores,
offices, governmental institutions and other commercial sources, excluding
single-family residential solid waste.
F. "Commercial Subscriber" means a subscriber to solid waste collection, disposal and
recycling services which occupies any commercial, industrial, any mobile home park,
any hotel or motel, or any building in which a combination of residential and
commercial and/or industrial uses exist.
G. "Compostable Materials" "Green Waste" or "Yard Waste" means leaves, grass
clippings, brush, branches and other forms of organic waste generated from
landscapes or gardens, separated from other solid waste. "Compostable Materials"
does not include stumps or branches in bundles exceeding eighteen (18) inches in
4
diameter or four (4) feet in length.
H. "Construction and Demolition Waste" means the waste building materials,
packaging, plaster, drywall, cement and rubble resulting from construction,
remodeling, repair and demolition operations on pavements, buildings and other
structures, (except asbestos- containing materials and reusable rock or brick).
I. "Franchise" means the exclusive right and privilege: (1) to arrange for the collection
of, and to collect, (2) to transport to landfill or other licensed disposal facilities as
determined by Grantee unless otherwise specified by City, and (3) to recycle from
collected refuse, compostables and recyclables, all solid waste, green waste and
recyclables kept, generated and/or accumulated within the City.
J. "Franchise Fee" means the fee or assessment imposed by the City on Grantee
because of its status as party to this Franchise, and which, inter alia, is intended to
offset the City's expenses in administering this franchise and to compensate City for
damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting
from Grantees' exercise of this Franchise.
K. "Garbage" means putrescible and non-putrescible material including dead animals
of less than fifty (50) pounds in weight, every accumulation of animal waste,
vegetable or other matter which results from the processing, consumption, decay or
decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable
matter, including, but not by way of limitation, used nonrecyclable food containers,
and other waste likely to attract flies or rodents, but excluding Refuse set out for
Recycling, Swill, Rubbish and Hazardous Waste.
L. "Grantee" means WESTERN WASTE INDUSTRIES, the entity granted the
Franchise pursuant to this Franchise.
M. "Gross Revenues" means any and all revenue or compensation in any form derived
directly or indirectly by Grantee, its affiliates, subsidiaries, parents and any other
Person or entity, without subtracting franchise fees or any other cost of doing
business, in which Grantee has a financial interest, from the collection of refuse
pursuant to the terms of this Franchise. Gross Revenues include, but are not limited
to, monthly customer fees for the collection of refuse and recyclables, special pickup
fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop
boxes. The amount of gross revenues may be reduced b
(i) any
to a landfill operator; and (ii) the amount of any bad debts incurred bythe gr paid
antee
or refunds returned to customers, provided that the revenue with respect thereto has
been included in the computation of gross revenues.
N. "Hazardous Waste" means any waste materials or mixture of wastes defined as
such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et
seq., or the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), 42 U.S.C. ss 9601 et seq. and all future amendments to either of them,
or as defined by the California Environmental Protection Agency or the California
Integrated Waste Management Board, or either of them. Where there is a conflict in
the definitions employed by two or more agencies having jurisdiction over hazardous
5
or solid waste, the term "Hazardous Waste" Shall be consirii aA +n
more encompassing definition.
O. "Industrial Waste" means all solid waste and semi-solid waste which results fro
industrial processes and manufacturing operations. m
P. "Multi -Family Residences" means residential units such as apartments,
condominiums and townhomes, other than Single Family Dwellings, which utilize
bins, as defined in this Franchise, for the collection of solid waste and recyclables.
Q. "Municipal Solid Waste" means all Solid Waste generated within the City which
is designated for collection under this Franchise.
R. "Putrescible Waste" means wastes that are capable of being decomposed by
micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases
or other offensive conditions, and include materials such as food wastes, offal and
dead animals.
S. "Recyclable Material" means a material which can be reused or processed into a
form suitable for reuse through reprocessing or remanufacture, consistent with the
requirements of the California Integrated Waste Management Act, and includes
paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass,
aluminum, PET and other plastics, beverage containers, compostable materialsr usP.d
motor oil and such .stb'I" , ;,�„+ i t desi�yiated_ Er� + r•+.
�, -recycidbies -by the California Integrated Waste 3ManagemeUmnngBoardor ,eo gother
agency with jurisdiction, and which are collected by Grantee pursuant to this
Franchise.
T. "Recycling Container" means a container delivered to residences covered by this
Franchise, for the temporary storage and collection of Recyclables.
U. "Residential Solid Waste" means all types
originate from residential properties wh ch utilize netor maore ndividual residential
type solid waste containers, including any household hazardous waste which may be
found to have been placed in the residential solid waste stream.
V. "Residential Solid Waste Containers" means solid waste containers, typically of
100 -gallon capacity, utilized by single-family residences. The term "Residential Solid
Waste containers" does not include Bins used by multifamily residences.
W. "Residential Subscriber" means a subscriber to solid waste collection, disposal and
recycling services owning or occupying one or more parcels of land which contain or
have located thereon a single-family residence.
X. "Scavenging" means the uncontrolled and unauthorized removal of recyclable
materials.
Y. "Single -Family Residence" or "Single -Family Dwelling" means a detached building,
or each unit of a duplex or triplex, of permanent character placed in a permanent
D
location, which utilizes one or more individual residential type so] isJ waw+o „+„:-_ro_
Z. "Special Wastes" shall mean all the items and materials which are set forth in
Exhibit "B," "Special Waste".
SECTION 3. ACCEPTANCE: WAIVER.
Grantee agrees to be bound by and comply with all the requirements of Ordinance
2-90, as the same may be amended from time to time, and this Franchise. Grantee
waives Grantee's right to challenge the terms of this Franchise and Ordinance 2-90
under federal, state or local law, or administrative regulation, as such laws and
regulations exist as of the date of execution of this Franchise. Grantee waives any
right or claim to serve the City or an
y part
franchise, contract, license or permit issued or f the City under any prior grant of
granted by any governm
including any right under Section 49520 of the Public Resources Code. ental entity
SECTION 4. FRANCHISE AREA.
A. Franchise Area Defined. The Franchise Area
Franchise s
be all residential, commercial, industrial, and construction by spremi es ash elt
forth in Exhibit "A". As provided below, the Franchise Area may be changed
by annexation.
B. Annexation Covered b Existin Franchise. Territory annexed to the City that
is covered by an existing solid waste permit, license, agreement or franchise
granted by another public entity may continue to be served by the same
grantee for the balance of the term of its permit, license, agreement or
franchise, subject to the provisions of Ordinance 2-90 and the provisions of this
Franchise.
SE C—T I D -ON 5. SERVICES PROVIDED BY GRANTEE.
A• General. Grantee shall provide Refuse, Compostables and Recyclables
collection, transportation, recycling and marketing services within the
Franchise Area in accordance with the terms of this Franchise and Ordinance
2-90.
B. Sinele Familv Residential.
During the first year of this Franchise Agreement, Grantee shall collect and
remove all solid wastes placed within a Residential Solid Waste Container(s)
from all single family residences within the City at least once every week.
Commencing on the second anniversary of the Franchise and all subsequent
years of it, Grantee shall only collect and remove solid wastes that have been
placed within containers supplied by Grantee. Grantee shall provide two
options for the collection of refuse: one (1) 100 -gallon container or suitable
alternative to each Single -Family Residence for the collection of refuse; or one
(1) 64 -gallon container or suitable alternative to certain eligible Residential
h
Subscriber as defined in Section 21. If anv_
container or contiuirners, Grantee shall provide the additional container or
containers and may charge an additional monthlyfee in an amount approved
or
by the City Council. Containers that are stolen and/or damaged ill be
reasonably replaced by Grantee, at Grantees' sole expense, upon request of the
customer. If a repetitive pattern of loss or damage exists, the Grantee may,
with the approval of the City Manager, charge the customer for a replacement
container. The Grantee shall replace all containers damaged due to normal
wear and tear within one (1) week after notification.
(1) Weekly Service. Once each week Grantee shall collect and remove solid
waste (except Special Wastes) which has been placed, kept or
accumulated in Containers or Bins at single family residences within
the Franchise Area and placed at curbside prior to Grantee's normal
weekly collection time. All refuse must be placed within containers at
the curb without obstructions so as to permit collection. City agrees to
use its best efforts to enforce parking and other ordinances so as to
facilitate this refuse and recyclables collection system. Grantee may
negotiate special pickup procedures with customers for special wastes
at an additional fee. Such fees shall be in an amount approved by the
City Manager.
(2) Hours of Collection. Grantee agrees that, in order to protect the peace
and quiet of residents, its arrangements for the collection of solid waste,
recyclables and compostable in residential areas shall not start before
7 a.m. or continue after 6 p.m., Monday through Friday unless otherwise
provided for in Ordinance 2-90.
(3) Collection Schedules. Grantee shall provide a copy of pick-up times
dates of collection and a map of all routes upon the effective date of this
Franchise.
C.
Grantee shall collect and remove solid wastes that have been placed in bins
from all commercial, industrial, and multi -family residences within the Cit at
least once every week or more frequently if required to handle the waste
stream of the premises where the bins are located. Grantee shall provide a bin
suitable to each commercial, industrial and multi -family residences for the
collection of refuse. Bins that are stolen and/or damaged will be reasonably
replaced by Grantee, at Grantees' sole expense, upon request of the customer.
If a repetitive pattern of loss or damage exists, the Grantee may, with the
approval of the City Manager, charge the customer for a replacement bin. The
Grantee shall replace all bins damaged due to normal wear and tear within
one (1) week after notification.
(1) Multi-Famil 7 Weeklv Service
more frequently . Not less often than once per week, and
if required to handle the waste stream of the premises
where the bins are located, Grantee shall collect and remove solid waste
:
(including biAlky itom. «.}ai ole 1a"_. boom PI -11 in a _1_q J 1,1—> lzivlz 1—
been placed for collection in solid waste bin. Grantee may negotiate special
pickup procedures and fees with Multi -family residential customers. Such
fees shall be in an amount approved by the City Manager.
(2) Commercial and Industrial Weeklv Service Not less often than once per
week, and more frequently if required to handle the waste stream of the
premises where the bins are located, Grantee shall collect and remove solid
waste (excluding hazardous waste) which has been placed for collection in
solid waste bin or container.
(3) Hours of Collection. Grantee agrees that, in order to protect the peace
and quiet of residents, its arrangements for the collection of solid waste and
recyclables in commercial areas, adjacent to residential areas, shall not start
before 6:30 a.m. or continue after 6 p.m., Monday through Friday unless
otherwise provided for in Ordinance 2-90.
(4) Collection Schedules. Grantee shall provide a copy of pick-up times,
dates of collection and a map of all routes upon the effective date of this
Franchise.
D. Construction and Temporary Bin/RolloffServices Grantee shall provide
construction and temporary bin/rolloff services using rates reflected in
Exhibit "E."
E. Collection on Holidays. If the day of collection on any given route falls
on a Holiday observed by the City or lawful disposal site to which refuse
collected within the franchise area is taken for disposal, or recycling
facility to which recyclables are taken, Grantee shall provide collection
service for such route on the next workday following such Holiday
unless otherwise provided for in Ordinance 2-90. The following holidays
will be observed:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day.
F. Recycling Program. The Grantee shall provide recycling services in the
Franchise Area in accordance with the terms set forth in Exhibit "C",
and the rates set forth in Exhibit "E."
G. Used Motor Oil. Grantee, at Grantees' sole expense, shall provide one
(1) reusable container or suitable alternative, to each customer upon
request, for the collection of used motor oil. Grantee shall collect used
motor oil containers placed at curbside and replace them with empty
containers, at no additional charge to service recipients.
H. Yard Waste Collection. The Grantee shall provide yard waste collection
services in the Franchise Area in accordance with the terms set forth in
7
Exhibit T", and the rat0c cot fnr+t, in iP_,yia.,;+ 7.
I. Holiday Tree Recycling. Grantee shall collect, transport and recycle as
mulch all Holiday trees which are placed at the curbside, from all single
family residences within the City during the period beginning on the
first Monday following Christmas and ending on the third Monday in
January.
J. Special Wastes. Grantee may, but is not required to, provide such
collection, transportation and disposal services for Special Wastes as set
forth in Exhibit "B". Grantee may provide such service for Special
Wastes if contracted to do so by customers under separate written
contracts negotiated between Grantee and the customer generating such
Special Wastes. A schedule of fees for special waste services shall be
approved by the City Manager.
K. Bulky Goods Pick -Up During the first year of this Franchise
Agreement, Grantee, at Grantees' expense, shall provide free unlimited
curbside collection of Bulky Goods upon request. Commencing on the
second anniversary of this Franchise and all subsequent years of it,
including any extensions provided for by Section 9, Grantee, at
Grantees' sole expense, shall provide two (2) free curbside Bulky Goods
collection events per year, on dates selected by the City Manager, for
single family residences and at designated locations within multi -family
residences. There shall be no size or weight restrictions except that
Grantee shall not be required to remove automobile bodies, materials
brought in from other areas or any other items which may not be safely
handled by two persons. Bulky goods collected by Grantee may not be
landfilled or disposed of until the following hierarchy has been followed
by Grantee:
1. Reuse as is (if energy efficient)
2. Disassemble for reuse or Recycling
3. Recycle
4. Disposal.
Grantee shall use whatever equipment is necessary for collection
providing that a compaction mechanism is not used to compact the
bulky goods.
L. City Facilities. Grantee, at City's sole option, shall provide refuse
collection and recycling services to the following locations within the
Franchise Area, at no additional charge to City or the entities listed:
(a) All public facilities (i.e., City Hall, City Parks, etc.)
(b) County Fire Stations
(c) All public school facilities
10
M. pi('li_U n AP Dpi ,Nva D�Uxy ayyuo NZILAi11IGG agluC5, QI 11V
additional charge, to provide on -demand pick-up of illegally -dumped
bulky goods at City's request. Grantee shall provide this service within
two (2) calendar days of City's requests.
N. Clean up of Waste Enclosures or Overflowing Bins Grantee shall, at
Grantees' sole expense, clean out any overflowing bin or waste enclosure
within twenty-four (24) hours of notification by City. If the situation
dictates and with the approval of the City Manager, the Grantee may
charge the customer for the actual costs of clean up.
O. Disaster Preparedness Containers Grantee shall, at no additional
charge, supply City and all public schools within Franchise Area with
earthquake preparedness containers. These containers shall be of a size
suitable to store all necessary supplies and equipment that may be
needed in the event of a disaster.
P. Special Collection Services for the Disabled Grantee shall provide
manual carry out collection service to single family Residential
Subscribers that are not able to place their containers at the curb due
to physical disabilities. Grantee shall provide this service at no
additional charge provided that eligibility for this service can be verified.
In the event that such service is requested by an otherwise capable
resident, Grantee shall retain the right to negotiate with such resident
at an additional charge.
Q. Senior Citizen Discount Grantee shall offer a senior discount to each
single family Residential Subscriber meeting the eligibility requirements
set forth in Section 21. This discount shall be applied upon request to
services provided by Grantee.
SECTION 6. FRANCHISE FEES.
A Franchise Fee of percent (_%) of the Grantee's Gross Revenues, less landfill
fees, shall be payable by Grantee to City 30 days after the close of each quarter of
Grantee's fiscal year.
SECTION 7. REIMBURSEMENT OF CITY EXPENSES.
The Grantee shall, within thirty (30) days after receipt from the City of a written
itemization, reimburse the City for its reasonable costs of granting this Franchise to
the extent not recovered by prepaid application fees, not to exceed Ten Thousand
Dollars ($10,000).
SECTION 8. PERFORMANCE DEPOSIT.
A. Performance Deposit. Contemporaneously with the execution of this Franchise
the Grantee shall deposit the sum of Ten Thousand Dollars ($10,000.00) in an
interest bearing account. The performance deposit shall be on terms
11
acceptable to the City Attorney. The performance deposit shall serve as
security for the faithful performance by Grantee of all the provisions and
obligations of this Franchise.
(1) After thirty (30) days following Grantee's failure to pay the City any
amount owing under this Franchise, the performance deposit may be
attached by the City upon five (5) days prior written notice to the
Grantee for purposes including, but not limited to:
(a) Failure of Grantee to pay the City sums due under the terms of
the Franchise.
(b) Reimbursement of costs borne by the City to correct Franchise
violations not corrected by Grantee, after due notice.
(c) Monetary remedies or damages assessed against Grantee due to
breach of the Franchise.
(2) The Grantee shall deposit a sum of money sufficient to restore the
performance deposit to the original amount within thirty (30) days after
notice from the City that any amount has been withdrawn from the
performance deposit.
SECTION 9. TERM: EXTENSIONS.
A. The term of this Franchise shall be for a period of six (6) years, and shall
commence on and expire on . Twelve
(12) months prior to the expiration date of the term of this Franchise
agreement, the City, at the City's sole option, may extended said agreement for
one (1) year and six (6) months. If the City does not extend the term of this
agreement, than the City may terminate this agreement at the completion of
the six (6) year term, providing that Grantee be give written notice of such
termination at least twelve (12) months prior to the termination date. Such
notice shall serve as a "Notification of Termination" and the Franchise shall
then remain in effect for the balance of the six (6) year term, unless earlier
terminated for default or by agreement of the Parties. In no event shall said
term, including any extension thereof, at any time exceed a total period of
seven (7) years and six (6) months.
SECTION 10. FRANCHISE TRANSFERRABLE• CITY CONSENT RE9UIRED.
A. This Franchise shall not be transferred, sold, hypothecated, sublet or assigned,
nor shall any of the rights or privileges herein be hypothecated, leased,
assigned, sold or transferred, either in whole or in part, nor shall title thereto,
either legal or equitable, or any right, interest or property therein, pass to or
vest in any person, except the Grantee, either by act of the Grantee or by
operation of law, without the prior written consent of the City expressed by
resolution. Any attempt by Grantee to assign this Franchise without the
consent of City shall be void.
12
B. If the Grantee attempts to transfer the franchise prior to obtaining City
consent, all of the profits or twenty-five percent (25%) of the Gross Revenues,
from the date of attempted transfer until the date of City consent, whichever
is greater, shall be returned to the customers, on a pro rata basis.
C. The City shall not unreasonably withhold its consent to a transfer of the
franchise granted by this Franchise. The City may impose conditions of
approval on a Franchise transfer, including, but not limited to conditions
requiring acceptance of amendments to Ordinance 2-90 and this Franchise, and
the payment of a transfer fee to the City.
D. City consent is required for any change in control of Grantee. "Change in
control" shall mean any sale, transfer or acquisition of Grantee. Grantee is a
corporation, and any acquisition of more than twenty-five percent (25%) of
Grantee's voting stock by a person, or group of persons acting in concert, who
already owns less than 50% of the voting stock, shall be deemed a change in
control.
E. Any change in control of the Grantee occurring without prior City approval
shall constitute a material breach of this Franchise.
SECTION 11. FRANCHISE TRANSFER: FEES.
A. Any application for a franchise transfer shall be made in a manner prescribed
by the City Manager. The application shall include a transfer fee in an
amount to be set by City by Resolution of the Council, to cover the cost of all
direct and indirect administrative expenses including consultants and
attorneys, necessary to adequately analyze the application and to reimburse
City for all direct and indirect expenses. In addition, the Grantee shall
reimburse the City for all costs not covered by the transfer fee. Bills shall be
supported with evidence of the expense or cost incurred. The applicant shall
pay such bills within thirty (30) days of receipt.
B. These franchise transfer fees are over and above any franchise fees specified
in this Franchise.
SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION
A. If the City Manager determines that the Grantee's performance pursuant to
this Franchise has not been in conformity with reasonable industry standards
which obtain in similar cities in Southern California, the provisions of this
Franchise, the requirements of Ordinance 2-90, the requirements of the
California Integrated Waste Management Board, including, but not limited to,
requirements for source reduction and recycling (as to the waste stream subject
to this Franchise) or any other applicable federal, state or local law or
regulation, including but not limited to the laws governing transfer, storage or
disposal of hazardous waste, the City Manager may advise Grantee in writing
of such deficiencies. The City Manager may, in such written instrument, set
13
a reasonable time within uvb;,,l -P-ii
Unless otherwise specified, a reasonable time for correction shall be sixty (60)
days from the receipt by the Grantee of such written notice. The City Manager
shall review the Grantee's response and refer the matter to the City Council
or decide the matter and notify the Grantee of that decision, in writing. A
decision or order of the City Manager shall be final and binding on Grantee if
the Grantee fails to file a "Notice of Appeal" with the City Manager within 30
days of receipt of the City Manager's decision. Within ten working days of
receipt of a Notice of Appeal, the Manager shall either refer the appeal to the
City Council for proceedings in accordance with Section 12C -D, below, or refer
the matter to a mediator as provided in Section 13, below.
B. The City Council, in such case, may set the matter for hearing. The City
Council shall give Grantee, and any other person requesting the same, fourteen
(14) days written notice of the time and place of the hearing. At the hearing,
the City Council shall consider the report of the City Manager indicating the
deficiencies, and shall give the Grantee, or its representatives and any other
interested person, a reasonable opportunity to be heard.
C. Based on a preponderance of the evidence presented at the public hearing, the
City Council shall make appropriate findings of fact before determining
whether the Franchise should be terminated or liquidated damages imposed
upon the Grantee. If, based upon the record, the City Council determines that
the performance of Grantee is in breach of any material term of this Franchise
or any material provision of any applicable federal, state or local statute or
regulation, the City Council, in the exercise of its sole discretion, may
terminate forthwith, the Franchise or impose liquidated damages, as defined
below. The decision of the City Council shall be final and conclusive, subject
to referral of the matter for an administrative hearing pursuant to Section 13,
below. Grantee's performance under its Franchise is not excused during the
period of time prior to the City Council's final determination as to whether
such performance is deficient.
D. This right of termination or to impose liquidated damages is in addition to any
other rights of City upon a failure of Grantee to perform its obligations under
this Franchise.
E. The City further reserves the right to terminate Grantee's Franchise or impose
liquidated damages in the event of any of the following:
(1) If the Grantee practices, or attempts to practice, any fraud or deceit
upon the City.
(2) If the Grantee becomes insolvent, unable or unwilling to pay its debts,
or upon listing of an order for relief in favor of Grantee in a bankruptcy
proceeding.
(3) If the Grantee fails to provide or maintain in full force and effect, the
workers compensation, liability and indemnification coverage or
14
performance deposit as required by the Francnise.
(4) If the Grantee willfully violates any orders or rulings of any regulatory
body having jurisdiction over the Grantee relative to this Franchise,
provided that the Grantee may contest any such orders or rulings by
appropriate proceedings conducted in good faith, in which case no
breach of the Franchise shall be deemed to have occurred.
(5) If the Grantee ceases to provide collection service as required under this
Franchise over all or a substantial portion of its Franchise Area for a
period of seven (7) days or more, for any reason within the control of the
Grantee.
(6) If the Grantee willfully fails to make any payments required under the
Franchise and/or refuses to provide City with required information,
reports and/or test results in a timely manner as provided in the
Franchise.
(7) Any other act or omission by the Grantee which materially violates the
terms, conditions or requirements of the Franchise, Ordinance 2-90, the
California Integrated Waste Management Act of 1989, as it may be
amended from time to time or any order, directive, rule or regulation
issued thereunder and which is not corrected or remedied within the
time set in the written notice of the violation or, if the Grantee cannot
reasonably correct or remedy the breach within the time set forth in
such notice, if the Grantee should fail to commence to correct or remedy
such violation within the time set forth in such notice and diligently
effect such correction or remedy thereafter.
F. LIQUIDATED DAMAGES.
(1) The City finds, and the Grantee agrees, that as of the time of the
execution of this Franchise, it is impractical, if not impossible to
reasonably ascertain the extent of damages which will be incurred by
the City as a result of a material breach by Grantee of its obligations
under this Franchise. The factors relating to the impracticability of
ascertaining damages include, but are not limited to, the fact that: (i)
substantial damage results to members of the public who are denied
service or denied quality or reliable service; (ii) such breaches cause
inconvenience, anxiety, frustration and deprivation of the benefits of the
Franchise to individual members of the general public for whose benefit
this Franchise exists, in subjective ways and in varying degrees of
intensity which are incapable of measurement in precise monetary
terms; (iii) that services might be available at substantially lower costs
than alternative services, and the monetary loss resulting from denial
of services or denial of quality or reliable services is impossible to
calculate in precise monetary terms; and (iv) the termination of this
Franchise for such breaches, and other remedies are, at best, a means
of future correction and not remedies which make the public whole for
15
pant Lica% .Li_o.
(2) Accordingly, the City Council may, in its discretion, assess liquidated
damages not to exceed the sum of Seven Hundred and Fifty Dollars
($750.00 per day, for each calendar day that service is not provided by
Grantee in accordance with this Franchise. The amount of the
liquidated damages shall be increased by the past year's consumer price
index for the Los Angeles -Anaheim -Riverside area for each March 1st
during the term hereof and effective July 1st of each year. In addition,
the Council may order the assessment against the performance deposit
required by Section 8A, above, the termination of the Franchise, or both.
(3) The City finds, and the Grantee acknowledges and agrees that the
above-described liquidated damages provisions represent a reasonable
sum in light of all of the circumstances. Said liquidated damages sums
shall be applicable to each calendar day of delay during which Grantee
has been found by the City Council to be in material default pursuant
to this Section. The Grantee shall pay any liquidated damages assessed
by the City Council within thirty (30) days after they are assessed. If
they are not paid within the thirty -day period, the City may withdraw
them from the security fund established by the performance deposit
required by Section 8A, above, order the termination of the Franchise
granted by this Franchise, or both.
SECTION 13. MEDIATION PROCEDURE.
A. Any dispute or controversy arising under this Franchise Agreement, or in
connection with any of the terms and conditions hereof, shall be referred by the
parties hereto for mediation. It is specifically understood and agreed by the
parties hereto that referral of any such dispute or controversy, and mutual
good faith efforts to resolve the same thereby, shall be conditions precedent to
the institution of any action or proceeding, whether by law or in equity with
respect to any such dispute or controversy.
B. If either the City Manager or the City Council refers a matter to a mediator,
or if the Grantee should allege a breach of the Franchise by the City, a neutral
mediation service shall be selected, as agreed upon by the parties and the costs
and expenses thereof shall be borne equally by the parties hereto; if
agreement, concerning such selection, is not reached within twenty working
days, then the City Council shall select a third party mediation service. The
City Council's decision shall be final.
C. A mediator to whom a matter is referred shall have the authority to (i) order
the City or the Grantee to undertake remedial action to cure the breach and
to prevent occurrence of similar breaches in the future; (ii) assess damages
and/or levy a penalty upon the Grantee consistent with the terms of this
Franchise; or (iii) find there has been no breach. If the mediator finds that
there has been no breach, such a decision precludes the City from conducting
a default hearing. For any occurrence or series of related occurrences, in which
16
it has been determined that a breach nas occurreu, tnc Yoiiuiuy .—j %— �r
five thousand dollars ($5,000.00). The amount of the penalty shall be
reasonably related to the seriousness of the breach of the Franchise.
D. Any failure of the Grantee to comply with the mediator's order shall be deemed
a material breach of the Franchise, and may be grounds for termination of the
Franchise.
E. The mediator shall commence the hearing within thirty (30) days of selection
unless the parties and the mediator agree otherwise. Any party to the hearing
may issue a request to compel reasonable document production from the other
party. Disputes concerning the scope of document production and enforcement
of document requests shall be subject to agreement by the parties, or if
agreement is not reached within twenty (20) days of that document request,
then by disposition by order of the mediator. Any such document request shall
be subject to the proprietary rights and rights of privilege of the parties, and
the mediator shall adopt procedures to protect such rights.
F. Neither party may communicate separately with the mediator after the
mediator has been selected. All subsequent communications between a party
and the mediator shall be simultaneously delivered to the other party. This
provision shall not apply to communications made to schedule a hearing or
request a continuance.
G. Until final judgment is entered from the mediator proceeding under the
foregoing provisions and the time for appeal or other post judgment petition
has expired, the imposition or enforcement of any penalties or sanctions
provided in the Franchise and related to the subject matter of the hearing
shall be stayed. The mediator may modify or cancel any proposed penalties or
sanctions upon a finding that the party subject thereto acted with substantial
justification, or if the interests of justice so require.
H. Any party to a hearing may petition the Superior Court in Los Angeles County,
California to confirm, correct or vacate the award on the grounds stated in the
General Arbitration Act. Any proceedings on appeal shall be in accordance with
Code of Civil Procedures § 1294 and § 1294.2.
SECTION 14. CITY'S ADDITIONAL REMEDIES.
In addition to the remedies set forth in Sections 12-13, above, City shall have the
following rights:
A. To rent or lease equipment from Grantee for the purpose of collecting,
transporting and disposing of solid waste which Grantee is obligated to collect,
transport and dispose of pursuant to this Franchise, for a period not to exceed
six (6) months. In the case of equipment not owned by Grantee, Grantee shall
assign to City, to the extent Grantee is permitted to do so under the
instruments pursuant to which Grantee possesses such equipment, the right
to possess the equipment. If City exercises its rights under this Section 14,
17
City shall pay to Grantee the reasonable rental value or the equipiueuo au
taken for the period of City's possession thereof;
B. The right to license others to perform the services otherwise to be performed
by Grantee hereunder, or to perform such services itself; and
C. The right to obtain damages and/or injunctive relief. Both parties recognize
and agree that in the event of a breach under the terms of this Franchise by
Grantee, City may suffer irreparable injury and incalculable damages sufficient
to support injunctive relief, to enforce the provisions of this Franchise and to
enjoin the breach thereof.
SECTION ' 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY.
A. Should Grantee, for any reason whatsoever, accept the occurrence or existence
of any of the events or conditions set forth in Section 28 A, "Force Majeure,"
below, refuse or be unable to collect, transport and dispose of any or all of the
refuse, compostables and recyclables which it is obligated under this Franchise
to collect, transport and dispose of for a period of more than seventy-two (72)
hours, and if as a result thereof, refuse, compostables and recyclables should
accumulate in City to such an extent, in such a manner, or for such a time
that the City Manager should find that such accumulation endangers or
menaces the public health, safety or welfare, then in such event City shall
have the right, upon twenty-four (24) hour prior written notice to Grantee,
during the period of such emergency, to temporarily take possession of any or
all equipment and facilities of Grantee previously used in the collection,
transportation and disposal of refuse, compostables and recyclables under this
Franchise, and to use such equipment and facilities to collect and transport
any or all refuse, compostables and recyclables which Grantee would otherwise
be obligated to collect and transport pursuant to this Franchise. Grantee
agrees that in such event it will fully cooperate with City to effect such a
transfer of possession for City's use.
B. Grantee agrees that, in such event, City may take temporary possession of and
use all of said equipment and facilities without paying Grantee any rental or
other charge, provided that City agrees that, in such event, it assumes
complete responsibility for the proper and normal use of such equipment and
facilities. City agrees that it shall immediately relinquish possession of all of
the above-mentioned property to Grantee upon receipt of written notice from
Grantee to the effect that it is able to resume its normal responsibilities under
this Franchise.
SECTION 16. PRIVACY.
A. Grantee shall strictly observe and protect the rights of privacy of customers.
Information identifying individual customers, or the composition or contents
of a customer's refuse or recyclables shall not be revealed to any person,
governmental unit, private agency or company, unless upon the authority of
a court of law, by statute, or upon valid authorization of the customer. This
M.
provision shall not be construed to preclude uranLuu tYvui
participating in, or assisting in the preparation of waste characterization
studies or waste stream analyses which may be required by AB 939.
B. Grantee shall not market or distribute outside the normal course of its
business, mailing lists with the names and addresses of customers.
C. The rights accorded customers pursuant to this Section shall be in addition to
any other privacy right accorded customers pursuant to federal or state law.
SECTION 17. REPORTS AND ADVERSE INFORMATION.
A. Annual Reports. The City may require that within 120 days after the close of
Grantee's fiscal year, the Grantee shall submit a written annual report, in a
form approved by the City, including, but not limited to, the following
information:
(1) A summary of the previous year's (or, in the case of the initial report
year, the initial year's) activities including, but not limited to, services
begun or discontinued during the reporting year, and the number of
customers for each class of service;
(2) A report, in a form satisfactory to the City, on the City's progress in
meeting and maintaining its ability to meet its goals under AB 939 as
applied to the franchise area, along with any recommended changes.
uarterly Franchise
and the
(3) A revenue statement,calculation thereof, certified ifiied for accuracy by an �
basis for the officer of
the Grantee;
(4) A list of Grantee's officers and member of its board of directors.
(5) A list of stockholders or other equity investors holding five percent (5%)
or more of the voting interest in the Grantee and any subsidiaries
unless Grantee is a public corporation whose annual reports are publicly
available.
B. Monthly Reports. Grantee shall submit monthly program reports for the
length of the Franchise commencing upon final approval of the Franchise.
These reports shall be due within twenty (20) working days from the end of the
month. At a minimum, the reports shall include:
(a) Summaries of tonnage collected and disposed of in landfill;
(b) Summaries of tonnage of recycled material collected, by material,
by route;
(c) Summaries of tonnages of non-recyclables and contaminants
disposed;
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(d) Summaries of tonnages, using an approved sampling
methodology, of each material sold or otherwise exchanged for
processing, by material type;
(e) Average market prices for each material sold, and processing
charges or acceptance fees for yardwaste or other applicable
materials;
(f) Participation rates for each route in terms of set out counts and
average pounds collected per residential subscriber, multi -family
residences, or commercial subscriber;
(g) Description of progress in meeting the implementation schedule,
including the problems encountered and how they were resolved;
(h) Summaries of the number of service complaints by route,
including the date, nature of complaint, and how it was resolved.
C. Ad Hoc Reports. Grantee shall provide up to six (6) reports, of varying detail
and format, as specifically requested by the City, to meet unforeseeable
information queries of the California Integrated Waste Management Board,
Los Angeles County Integrated Waste Management Task Force, or other public
agencies.
D. Adverse Information. Grantee shall provide City two copies of all reports, or
other material adversely affecting the Franchise, submitted by Grantee to the
EPA, the California Integrated Waste Management Board or any other Federal
or State agency. Copies shall be submitted to City simultaneously with
Grantee's filing of such matters with said agencies. Grantee's routine
correspondence to said agencies need not be automatically submitted to City,
but shall be made available to City upon written request, as provided in
Section 27, below.
(1) The Grantee shall submit to City copies of all pleadings, applications,
notifications, communications and documents of any kind, submitted by
the Grantee to, as well as copies of all decisions, correspondence and
actions by, any Federal, State and local courts, regulatory agencies and
other government bodies relating specifically to Grantee's performance
of services pursuant to this Franchise. Any confidential data exempt
from public disclosure shall be retained in confidence by the City and its
authorized agents and shall not be made available for public inspection.
(2) Grantee shall submit to the City such other information or reports in
such forms and at such times as the City may reasonably request or
require.
(3) All reports and records required under this or any other section shall be
furnished at the sole expense of the Grantee.
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(4) A copy of each of Grantee's annual and other periodic public financial
reports and those of its parent, subsidiary and affiliated corporation and
other entities, as the City requests, shall be submitted to the City
within thirty (30) days after receipt of a request.
E. Failure to Report. The refusal, failure, or neglect of the Grantee to file any of
The reports required, or the inclusion of any materially false or misleading
statement or representation made knowingly by the Grantee in such report
shall be deemed a material breach of the Franchise, and shall subject the
Grantee to all remedies, legal or equitable, which are available to the City
under the Franchise or otherwise.
SECTION 18. PUBLIC INFORMATION AND EDUCATION.
A. Grantee shall design and implement, in conjunction with the City, a public
information and education program as set forth in Exhibit "F."
SECTION 19. ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF
SERVICE.
A. At City's sole option, within ninety (90) days of the first anniversary of the
effective date of this Franchise, and each year thereafter throughout the term
of the Franchise, City may hold a public hearing at which the Grantee shall
be present and shall participate, to review the Grantee's performance and
quality of service. The reports required by this Franchise regarding customer
complaints shall be utilized as the basis for review. In addition, any customer
may submit comments or complaints during the review meetings, either orally
or in writing, and these shall be considered.
B. Within thirty (30) days after the conclusion of the public hearing, City shall
issue a report with respect to the adequacy of performance and quality of
service. If any noncompliance with the Franchise is found, City may direct
Grantee to correct the inadequacies in accordance with Sections 12 above.
SECTION 20. SYSTEM AND SERVICES REVIEW.
To provide for technological, economic, and regulatory changes in refuse
collection and recycling, to facilitate renewal procedures, to promote
competition in the refuse and recycling industry, and to achieve a continuing,
advanced refuse collection and recycling system, the following system and
services review procedures are hereby established:
A. At City's sole option, City Manager may hold an administrative hearing on or
about the second anniversary day of the Franchise at which the Grantee shall
be present and shall participate, to review the refuse collection and recycling
system and services. Subsequent system and services review hearings may be
scheduled by City each two (2) years thereafter. It is City's intent to conduct
any system and services review concurrently with any Annual Review of
Performance and Quality of Service as provided for in Section 19, above.
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B. Sixty (60) days after receiving notice from the City, Grantee shall submit a
report to City indicating the following:
(1) All refuse collection composting and recycling services reported in refuse
collection and recycling industry trade journals that are being commonly
provided on an operational basis, excluding tests and demonstrations,
to communities in the United States with comparable populations, that
are not provided to City; and
(2) Changes recommended to improve the City's ability to meet the goals of
AB 939.
(3) Any specific plans for provision of such new services by the Grantee, or
a justification indicating why Grantee believes that such services are not
feasible for the Franchise Area.
C. Topics for discussion and review at the system and services review hearing
shall include, but shall not be limited to, services provided, feasibility of
providing new services, application of new technologies, customer complaints,
rights of privacy, amendments to the Franchise, developments in the law, new
initiatives for meeting or exceeding AB 939s goals and regulatory constraints.
D. City and the Grantee may each select additional topics for discussion at any
systems and services review hearing.
E. Not later than sixty (60) days after the conclusion of each system and service
review hearing, City shall issue a report. The report shall include a listing of
any refuse collection and recycling services not then being provided to City
that are considered technically and economically feasible by City. City may
require Grantee to provide such services within a reasonable time, for
reasonable rates and compensation.
SECTION 21. COMPENSATION.
A. Grantee Rates. Grantee shall provide the services described in this Franchise
in accordance with the rates fixed by City from time to time, all as described
below and as set forth in the "Schedule of Rates," which is attached as Exhibit
"E It
(1) OPTION I
Single Family Residential Collection Disposal and Recyclina Service.
Grantee shall charge the monthly fees set forth in Exhibit "E" for each
single family Residential Subscriber.
(2) OPTION II
Single Family Residential Collection Disposal and Recycling Services.
Grantee shall charge the monthly fees set forth in Exhibit "E" to eligible
single family Residential Subscriber meeting the following requirements:
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Senior Citizens, Disabled Individuals, and other situations as approved
by the City Manager.
(3) Commercial and Multi -family Residences Bin Collection, Disposal and
Recycling Service. Grantee shall charge the monthly fee set forth in
Exhibit E for each Bin used by Commercial Subscribers or at Multi -
Family Residences. Charges may be based on the size of the Bin and
the frequency of service. Grantee may negotiate special pickup
procedures and fees with multi -family residences. Such fees shall be in
an amount approved by the City Manager.
(4) Industrial/R.olloff Container. Grantee shall charge the fee set forth in
Exhibit "E" for containerized services.
(5) Special Services. Grantee may also charge fees for performance of
Special Services (e.g., the hauling and disposing of Special Wastes as set
forth in Exhibit "B") as agreed upon in separate contracts between
Grantee and each customer requesting such special service.
Commencing on the second anniversary of this Franchise and all
subsequent years of it, including any extensions provided for by Section
9, Grantee may charge an additional fee for the collection of bulky goods
set out at the curb between scheduled collection events as set forth in
Section 5. All such fees and payments shall be subject to the approval
of the City Manager.
(6) Senior Citizen Discount. Upon request, the Grantee shall offer a
discount to each household in which the head of household is 60 years
of age or older. This discount is applicable to all services rendered and
shall be at a rate set forth in Exhibit "E".
(7) Redelivery Fees. Grantee may charge a redelivery fee for bins removed
from commercial and/or industrial subscribers due to nonpayment, and
may also require payment in advance for reinstatement of future
service. All such fees and payments shall be subject to the approval of
City.
B. Modification and Adjustment of Rates. Except as provided in Exhibit "E," the
rates set forth on Exhibit "E" shall remain in effect until adjusted by City, by
resolution of the City Council.
C. Notice of Rate Increases. The Grantee shall provide the City and customers,
at least sixty (60) days in advance of the beginning of a billing period, written
notice of the implementation of changes in any of its rates and charges which
are not subject to regulation by the City. The notice shall include a statement
of the reasons for the rate increase.
D. Resolution of Disputes Regarding Rate Adjustments. Any dispute regarding
the annual "CPI" and Tipping Fee adjustment, or the computation thereof,
described in Exhibit "E," or any other dispute regarding Grantee's
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reimbursement for fee, special services or extraordinary costs described in
Exhibit "E," shall be decided by the City Manager, or referred by the Manager
to the City Council, or to a mediator as provided in Section 13 above. The
rates in effect at the time such dispute is submitted to the City Council, City
Manager or to a mediator shall remain in effect pending resolution of such
dispute. The effective date of any dispute resolution, whether retroactive or
prospective, shall reasonably be determined by the City Council, City Manager
or the a mediator pursuant to Section 13 above, as appropriate.
E. Billing and Payment.
(1) Grantee will bill all customers for all services, whether regular or
special. Grantee shall provide itemized bills, distinctly showing charges
for all classifications of services, including the charges for late payment.
The Grantee shall not designate that portion of a customer's bill
attributable to the franchise fee as a separate item on customers' bills.
Billings may be made monthly in advance for commercial and all bin
service customers, and may be made three (3) months in advance for all
residential customers.
(2) City may, at City's sole option, elect to bill Residential Subscribers for
refuse collection and recycling through a parcel charge. Should the City
institute a parcel charge, Grantee shall be paid on and
for the premises served. Retroactive adjustments shall be
made on the basis of addresses of premises added and the date added.
Premises ordered after the first of the month shall be charged on a
prorated 30 day/monthly basis.
F. Delinquent Accounts.
(1) City and Grantee mutually agree to improve the timeliness of customer
payments and to reduce the number of delinquent accounts through a
program of cooperative abatement. Grantee, at Grantees' sole expense,
shall notify customers who have not remitted required payments within
30 days after the date of billing that a lien may be assessed against
property if payment is not received. If payment is not received within
60 days after the date of billing, Grantee shall notify customer, on a
form approved by City, that a lien has been placed on their property.
Upon payment of the delinquent fees, Grantee shall release all liens on
property and resume regular collection services.
(2) Grantee may discontinue service and remove bins from commercial
subscribers for nonpayment. Commercial subscribers that have not
remitted required payments with 30 days after the date of billing shall
be notified, on forms approved by the City, that services may be
discontinued 15 days from the date of notice. If payment is not received,
Grantee may discontinue services and remove all bins. Upon payment
of the delinquent fees, Grantee may charge a redelivery fee, as set forth
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in this section, and resume collection services on the next regularly
scheduled collection day.
G. Refunds. Grantee shall refund to each customer, on a pro rata basis, any
advance service payments made by such customer for service not provided
when service is discontinued by the customer.
SECTION 22. COLLECTION EQUIPMENT.
Grantee shall provide an adequate number of vehicles and equipment for the
collection, disposal and transportation services for which it is responsible under this
Franchise.
(1) All vehicles used by Grantee under this Franchise shall be
registered with the Department of Motor Vehicles of the State of
California, shall be of size, weight, nature and type to be minimally
intrusive on the community with respect to noise, emissions,
maneuverability, safety, fuel efficiency, and other factors necessary to
minimize the impacts of the Grantees' services. All vehicles must be
kept clean and in good repair, shall be uniformly painted, and shall be
no older than five (5) years old.
(2) All bins and containers provided shall be brand new and shall be
equipped with plastic lids. Refurbished bins are permissible providing
that they are in good repair, uniformly painted, and of a quality
acceptable to the City Manager or his designee.
(3) Grantee has agreed to name the specific organization that shall
provide all of the services under this Franchise as "DIAMOND BAR
ECOSYSTEMS". This name shall be used for all correspondence, billing
statements, directory listings, references, signs, vehicle identification,
etc. The words "Owned and Operated by Western Waste Industries" is
authorized.
(4) Solid waste collection vehicles shall be washed at least once every
seven (7) calendar days.
(5) "Diamond Bar Ecosystems", a local or toll free telephone number,
and vehicle number shall be visibly displayed on all vehicles in letters
and figures no less than five inches (5") high. All refuse collection
vehicles shall display the words "Serving the City of Diamond Bar" in
letters no less than eight inches (8) high. All vehicles shall display the
seal of the City of Diamond Bar, in a figure at least twelve inches (12")
in diameter.
(6) All vehicles, high visibility bins, rolloffs, earthquake/catastrophe
preparedness containers, and the residential container designated as the
refuse container shall display the following decal: "Reduce -Reuse -
Recycle• It's Everyones' Responsibility. The decal on the
residential refuse container shall be located on the side of the container
25
that will face the street when placed at curbside. The small inscription
area on the top of all of residential containers shall be labeled as
follows: "Property of The City of Diamond Bar."
SECTION 23. PUBLIC ACCESS TO GRANTEE.
A. Office Hours. Grantee's office hours shall be, at a minimum, from 8:00 a.m.
to 5:00 p.m. daily, on all collection days. A representative of Grantee shall be
available during office hours for communication with the public at Grantee's
principal office. Normal office hours telephone numbers will either be a local
or toll free call. Grantee shall also maintain a local or toll free after hours
telephone number for use during other than normal business hours. Grantee
shall have a representative or answering service available at said after-hours
telephone number during all hours other than normal office hours.
B. Service Complaints.
(1) All customer complaints shall be directed to Grantee. Grantee shall
record all complaints received by mail, by telephone or in person
(including date, name, address of complainant and nature of complaint).
Grantee agrees to use its best efforts to resolve all complaints by close
of business of the second business (waste collection) day following the
date on which such complaint is received. Service complaints may be
investigated by the City Manager or the Manager's designee. Unless a
settlement satisfactory to complainant, the Grantee and the Manager's
designee is reached, the complainant may refer the matter to the City
Manager for review.
(2) Grantee will maintain records listing the date of consumer complaints,
the customer, describing the nature of the complaint or request, and
when and what action was taken by the Grantee to resolve the
complaint. All such records shall be maintained for a period of three (3)
years, and shall be available for inspection by City. Grantee shall
prepare monthly summaries of consumer complaints. The summaries
shall be available and delivered monthly to the City Manager or the
City Manager's designated representative.
C. Government Liaison Person. The Grantee shall designate a "government
liaison person" who shall be responsible for working with the City Manager or
the City Manager's designated representative to resolve consumer complaints.
SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS.
A. The Grantee shall notify customers of this complaint arbitration procedure at
the time customers apply for service, and subsequently, annually.
B. A customer dissatisfied with Grantee's decision regarding a complaint may ask
the City review the complaint. To obtain this review, the customer must
request City review within 30 days of receipt of Grantee's response to the
0
Complaint, or within 45 days of submitting the complaint to the Grantee, if the
Grantee has failed to respond to the complaint. The City may extend the time
to request its review for good cause.
C. Before reviewing the complaint, the City Manager shall refer it to the Grantee.
If the Grantee fails to cure the complaint within ten (10) days, the City
Manager shall review the customer's complaint and determine if further action
is warranted. The City Manager may request written statements from the
Grantee and customer, and/or oral presentations.
D. The City Manager shall determine if the customer's complaint is justified, and
if so, what remedy, if any, shall be imposed. The remedy under this Section
shall be limited to a rebate of customer charges related to the period of breach
of any of the terms of this Franchise or a penalty of up to $100 for any single
event or series of related events, or any actual damages.
E. The City Manager may delegate his duties to a designee. The decision of the
City Manager or his designee shall be final on any matter under Five
Thousand Dollars ($5,000.00). In the event of a decision on a matter awarding
five thousand dollars or more ($5,000), Grantee may seek review pursuant to
Section 13, above.
SECTION 25. OWNERSHIP OF SOLID WASTE
(a) Once refuse, compostables and recyclables are placed in containers or bins
for collection or at curbside, ownership shall transfer to Grantee. Subject to
Grantee's duty to meet the source reduction and recycling goals which apply
to City, Grantee is hereby granted the right to retain, recycle, compost, dispose
of and otherwise use such refuse, compostables and recyclables, or any part
thereof, in any lawful fashion or for any lawful purpose desired by Grantee.
Subject to the provisions of this Franchise, Grantee shall have the right to
retain any benefit and share with the City, at the City's option, up to one-half
of the profit resulting from its right to retain, recycle, compost, dispose of or
use the refuse or recyclables which it collects. At such time as the City and
Grantee share profits resulting from the recycling, composting, and disposal
of the refuse or recyclables which it collects within the Franchise Area, the
City and Grantee may negotiate a rate increase.
(b) Refuse, compostables, recyclables, street and construction debris, or any
part thereof, which is disposed of at a disposal site or sites (whether landfill,
transformation facility, transfer station or material recovery facility) shall
become the property of the owner or operator of the disposal site or sites once
deposited there by Grantee.
(d) City, at its sole discretion, shall retain the right to direct which solid waste
disposal facility, transformation facility, transfer station, or material recovery
facility shall be used by Grantee to retain, recycle, compost, process, and
dispose of solid waste and construction debris generated with the Franchise
27
Area. In this instance, Grantee shall conduct a rate audit and recommend, if
necessary, a rate adjustment.
(c) In the event of a disposal shortfall, due to a planned phase-out or closure
of an existing solid waste disposal facility, Grantee shall guarantee disposal
capacity, at a duly permitted disposal facility, for all solid wastes generated
within the City during the term of this Franchise Agreement.
(e) Solid waste exported to a permitted disposal facility outside the County of
Los Angeles must be approved in writing by the City. The tipping fee
adjustment shall be a pro -rata pass through of any tipping fee increase, and
shall be effective at the start of the first full billing period after the tipping fee
is adjusted. As of the effective date of this Franchise, the landfill tipping fee
charged in Riverside County is $31.50 per ton and in San Bernardino County
the landfill tipping fee is $36.65 per ton.
SECTION 26. INDEMNIFICATION AND INSURANCE
A. Indemnification of City. Grantee agrees that it shall protect, defend with
counsel approved by City, indemnify and hold harmless City, its elected
officials, officers, employees and agents from and against any and all losses,
liabilities, fines, penalties, claims, damages, liabilities or judgments, including
attorneys fees, arising out of or resulting in any way from Grantee's exercise
of the franchise, unless such claim is due to the sole negligence or willful acts
of the City, its officers, employees, agents or contractors, or from the City's
grant of this franchise to Grantee. Subject to the scope of this indemnification
and upon demand of the City, made by and through the City Attorney, the
Grantee shall appear in and defend the City and its officers, employees and
agents in any claims or actions, whether judicial, administrative or otherwise
arising out of the exercise of the Franchise.
B. Indemnification of Grantee. The City shall indemnify, defend and hold the
Grantee, its affiliates and their respective officers, directors, employees and
shareholders harmless from and against any and all liabilities, losses,
damages, claims, actions, causes of action, costs and expenses (including
reasonable attorneys' fees) arising from or in any manner related to the sole
negligence or willful acts of the City, its officers, employees, agents or
contractors.
C. Hazardous Substances Indemnification. Grantee shall indemnify, defend with
counsel approved by City, protect and hold harmless City, its elected officials,
officers, employees, agents, assigns and any successor or successors to City's
interest from and against all claims, actual damages (including but not limited
to special and consequential damages), natural resources damage, punitive
damages, injuries, costs, response remediation and removal costs, losses,
demands, debts, liens, liabilities, causes of action, suits, legal or administrative
proceedings, interest, fines, charges, penalties and expenses (including but not
limited to attorneys' and expert witness fees and costs incurred in connection
with defending against any of the foregoing or in enforcing this indemnity) of
any kind whatsoever paid, incurred or suffered by, or asserted against, City or
its officers, employees, agents or Grantees arising from or attributable to any
repair, cleanup or detoxification, or preparation and implementation of any
removal, remedial, response, closure or other plan (regardless of whether
undertaken due to governmental action) concerning any Hazardous Substance
or hazardous waste at any place where Grantee stores or disposes of municipal
solid waste pursuant to this Franchise. The foregoing indemnity is intended
to operation as an agreement pursuant to Section 107(e) of the Comprehensive
Environmental Response, compensation and Liability Act, "CERCLA", 42
U.S.C. Section 9607(e) and California Health and Safety Code Section 25364,
to insure, protect, hold harmless and indemnify City from liability.
D. AB 939 Indemnification. Grantee agrees to protect, defend (with counsel
approved by City) and indemnify City against all fines or penalties imposed by
the California Integrated Waste Management Board in the event the source
reduction and recycling goals or any other requirement of AB 939 are not met
by City with respect to the waste stream collected under this Franchise.
E. Workers' Compensation Insurance.
Grantee shall obtain and maintain in full force and effect throughout the entire
term of this Franchise full workers compensation insurance in accord with the
provisions and requirements of the Labor Code of the State of California.
Endorsements that implement the required coverage shall be filed and
maintained with the City Clerk throughout the term of this Franchise. The
policy providing coverage shall be amended to provide that the insurance shall
not be suspended, voided, canceled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail return receipt
requested has been given to City. The policy shall also be amended to waive
all rights of subrogation against the City, its elected or appointed officials,
employees, agents or Grantees for losses which arise from work performed by
the named insured for the City.
F. Public Liability Insurance.
Grantee shall obtain and maintain in full force and effect throughout the entire
term of this Franchise a Broad Form Comprehensive General Liability
(occurrence) policy with a minimum limit of TEN MILLION DOLLARS
($10,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per
occurrence for bodily injury and property damage, with any self-insured
retention not exceeding $200,000.00 per occurrence. Said insurance shall
protect Grantee and City from any claim for damages for bodily injury,
including accidental death, as well as from any claim for property damage
which may arise from operations performed pursuant to this Franchise,
whether such operations be by Grantee itself, or by its agents, employees
and/or subgrantees. Copies of the policies or endorsements evidencing the
above required insurance coverage shall be filed with the City Clerk. All of the
following endorsements are required to be made a part of the insurance
policies required by this Section:
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(1) "The City, its elected officials, employees, agents, and officers, are
hereby added as insureds with respect to liability arising out of
activities performed by or on behalf of Grantee."
(2) "This policy shall be considered primary insurance as respects any other
valid and collectible insurance the City may possess including any
self-insured retention the City may have, and any other insurance the
City does possess shall be considered excess insurance and shall not
contribute with it."
(3) "This insurance shall act for each insured, as though a separate policy
had been written for each. This, however, will not act to increase the
limit of liability of the insuring company."
(4) "Thirty (30) days prior written notice by certified mail, return receipt
requested, shall be given to the City in the event of suspension,
cancellation, reduction in coverage or in limits or non -renewal of this
policy for whatever reason. Such notice shall be sent to the City Clerk."
The limits of such insurance coverage, and companies, shall be subject to review and
approval by the City Manager every year and may be increased at that time and
match the coverage provided by the City's own liability insurance policy. The City
shall be included as a named insured on each of the policies, or policy endorsements.
G. Proof of Coverage. Contemporaneously with the execution of this Franchise,
the Grantee shall deposit copies of insurance policies or endorsements
evidencing the existence of policies of insurance required pursuant to this
Franchise.
H. Modification. The insurance requirements provided herein may be modified
or waived in writing by the City Council upon the request of Grantee, provided
the City Council determines such modification or waiver is in the best interests
of City considering all relevant factors, including the fact that the parent of
Grantee may be self-insured up to a certain acceptable amount.
SECTION 27. GRANTEE'S BOOKS AND RECORDS: AUDITS.
A. Grantee shall maintain all records relating to the services provided hereunder,
including, but not limited to, customer lists, billing records, maps, AB 939
compliance records, and customer complaints, for the full term of this
Franchise, and an additional period of not less than three (3) years, or any
longer period required by law. The City shall have the right, upon five (5)
business days advance notice, to inspect all maps, AB 939 compliance records,
customer complaints, and other like materials of the Grantee which reasonably
relate to Grantee's compliance with the provisions of the Franchise. Such
records shall be made available to City at Grantee's regular place of business,
but in no event outside the County of Los Angeles.
30
B. Should any examination or audit of Grantee's records reveal an underpayment
of any fee required under this Franchise, the amount of such underpayment
shall become due and payable to City not later than fifteen (15) days after
written notice of such underpayment is sent to Grantee by City. Should an
underpayment of more than three percent (3%) be discovered, Grantee shall
bear the entire cost of the audit.
SECTION 28. GENERAL PROVISIONS.
A. Force Maieure. Grantee shall not be in default under this Franchise in the
event that the collection, transportation and/or disposal services of Grantee are
temporarily interrupted or discontinued for any of the following reasons: riots,
wars, sabotage, civil disturbances, insurrections, explosion, natural disasters
such as floods, earthquakes, landslides and fires, strikes, lockouts and other
labor disturbances or other catastrophic events which are beyond the
reasonable control of Grantee. Other catastrophic events does not include the
financial inability of the Grantee to perform or failure of the Grantee to obtain
any necessary permits or licenses from other governmental agencies or the
right to use the facilities of any public utility where such failure is due solely
to the acts or omissions of the Grantee. In the event a labor disturbance
interrupts collection, transportation and/or disposal of refuse by Grantee as
required under this Franchise, City may elect to exercise its rights under
Section 15 of this Franchise.
B. Independent Contractor. Grantee is an independent contractor and not an
officer, agent, servant or employee, of City. Grantee is solely responsible for the
acts and omissions of its officers, agents, employees, Grantees and subgrantees,
if any. Nothing in this Franchise shall be construed as creating a partnership
or joint venture between City and Grantee. Neither Grantee nor its officers,
employees, agents or subgrantees shall obtain any rights to retirement or other
benefits which accrue to City employees.
C. Pavement Damage. Grantee shall be responsible for any distress, other than
normal wear and tear, to City's driving surfaces (i.e., transverse cracking,
alligator cracking, patching, rutting, etc.), whether or not paved, resulting from
the weight of vehicles providing refuse collection services at the location of bins
and containers on public property. The City Manager or his designee shall
review each incident of asphalt distress separately with Grantee to verify the
full extent of damage to City's driving surfaces. Upon verification of damages,
Grantee, at Grantee's sole expense, shall repair or replace, in a manner
acceptable to the City, all damaged surfaces.
D. Property Damage. Any physical damage caused by the negligent or willful acts
or omissions of employees, Grantees or subgrantees of the Grantee to private
or public property shall be repaired or replaced.
E. Right of Entry. Grantee shall have the right, until receipt of written notice
revoking permission to pass is delivered to Grantee, to enter or drive on any
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private street, court, place, easement or other private property for the purpose
of collecting or transporting refuse pursuant to this Franchise.
F. Law to Govern: Venue. The law of the State of California shall govern this
Franchise. In the event of litigation between the parties, venue in state trial
courts shall lie exclusively in the County of Los Angeles. In the event of
litigation in a U.S. District Court, exclusive venue shall lie in the Central
District of California.
G. Fees and Gratuities. Grantee shall not, nor shall it permit any agent,
employee or subgrantee employed by it to, request, solicit, demand or accept,
either directly or indirectly, any compensation or gratuity for the collection of
refuse otherwise required to be collected under this Franchise.
H. Prior Agreements and Amendment. This Franchise is intended to carry out
City's obligations to comply with the provisions of the California Integrated
Waste Management Act of 1989, ("AB 939") as it from time to time may be
amended, and as implemented by regulations of the California Integrated
Waste Management Board ("Regulations"), as they from time to time may be
amended. In the event that AB 939 or other state or federal laws or
regulations enacted after this Franchise has been enacted, prevent or preclude
compliance with one or more provisions of this Franchise, such provisions of
the Franchise shall be modified or suspended as may be necessary to comply
with such state or federal laws or regulations. No other amendment of this
Franchise shall be valid unless in writing duly executed by the parties.
I. Compliance with Franchise. Grantee shall comply with those provisions of the
City Council which are applicable, and with any and all amendments to such
applicable provisions during the term of this Franchise.
J. Notices. All notices required or Permitted to be given under this Franchise
shall be in writing and shall be personally delivered or sent by telecopier or
United States certified mail, postage prepaid, return receipt requested,
addressed as follows:
To City: City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: Terrence L. Belanger, City Manager
Telecopier: (714) 861-3117
Copy to: Markman, Arczynski, Hanson, and King
Number One Civic Center Circle
P.O. Box 1059
Brea, California 92622-1059
Attention: Andrew V. Arczynski, City Attorney
Telecopier:
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To Grantee: Western Waste Industries
13793 Redwood Avenue
Chino, California 91710
Attention: Albert Simonian, Vice President
Telecopier: (714) 628-5057
Copy to: Western Waste Industries
Corporate Offices
1125 West 190th Street, Suite 100
Gardena, California 90248-4336
Attention: Richard A. Haft, Jr., General Counsel
Telecopier: (310) 323-0766
or to such other address as either party may from time to time designate by
notice to the other given in accordance with this Section. Notice shall be
deemed effective on the date personally served or, if mailed, three (3) business
days from the date such notice is deposited in the United States mail.
K. Savings Clause and Entirety. If any non -material provision of this Franchise
shall for any reason be held to be invalid or unenforceable the invalidity or
unenforceability of such provision shall not affect the validity and
enforceability of any of the remaining provisions of this Franchise.
L. Exhibits Incorporated. Exhibits "A" through "F" are attached to and
incorporated in this Franchise by reference.
M. Identification Required.
(1) Grantee shall provide its employees, Grantees and subgrantees with
identification for all individuals who may make personal contact with
residents of the City.
(2) The Grantee shall provide a list of current employees, Grantees and
subgrantees to the City upon request. The City may require the
Grantee to notify customers yearly of the form of said identification.
N. Non -Discrimination.
(1) Grantee shall not discriminate against any employee or applicant for
employment because of age, race, religion, creed, color, sex, martial status,
sexual orientation, political ideology, ancestry, national origin, or the presence
of any mental or physical handicap, unless based upon a bona fide occupational
qualification. The Grantee shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their creed, color, sex, martial status, sexual orientation,
political ideology, ancestry, national origin, or the presence of any mental or
physical handicap. Such action shall include, but not be limited to the
following: employment upgrading; demotion or transfer; recruitment or
33
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and, selection for training.
(2) Grantee understands and agrees that if it violates this Non-discrimination
provision, this Franchise may be terminated by the City, as provided for in
Section 12, and further that the Grantee shall be barred from performing any
services for the City now or in the future, unless a showing is made
satisfactorily to the City that discriminatory practices have been terminated
and that a recurrence of such action is unlikely.
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WITNESS the execution of this Franchise on the day and year written above.
Lm
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
35
ACKNOWLEDGMENT
STATE OF
ss.
COUNTY OF
On before me personally
appeared personally known to me or
proved to be the person who executed the within instrument entitled AGREEMENT
BETWEEN THE CITY OF DIAMOND BAR AND
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND
DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIAL
as , on behalf of , a California
corporation, and acknowledged to me that such execution was pursuant to its bylaws
or a resolution of its board of directors.
DATE: CORPORATE SEAL
36
EXHIBIT A
FRANCHISE AREA
All portions of the City shown on the map attached as Exhibit A-1.
37
EXHIBIT B
SPECIAL WASTES
Flammable waste.
Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.).
Waste transported in a bulk tanker.
Liquid waste.
Sewage sludge.
Waste from a pollution control process.
Residue and debris from the cleanup of a spill or release of chemical substances,
commercial products or any other special wastes.
Contaminated soil, waste, residue, debris and articles from the cleanup of a site or
facility formerly used for the generation, storage, treatment, recycling, reclamation
or disposal of any other special wastes.
Dead animals.
Manure.
Waste water.
Explosive substances.
Radioactive materials.
Materials which have been exposed to highly infectious or contagious diseases.
Hazardous materials (Excluding Used Motor Oil).
Bulky Goods not collected during scheduled collection events.
W�
EXHIBIT C
RECYCLING PROGRAM
A. Grantee agrees that it will cause at least twenty-five percent (25%) of the
waste stream collected under this Franchise to be diverted from ultimate
deposit in landfills or transformation facilities by January 1, 1995, in
accordance with the regulations implementing the California Integrated Waste
Management Act of 1989 as amended (also known as "AB 939").
B. Not later than 90 days after the execution of this Franchise, Grantee will
institute a curbside recycling program for single-family residences. The
Grantee shall provide a 32 -gallon container or suitable alternative capable of
storing commingled recyclables to be made available for bi-weekly pickup at
the curb. This container shall be provided by Grantee at Grantee's expense.
Containers that are stolen and/or damaged will be reasonably replaced by
Grantee, at Grantees' sole expense, upon request of the customer. If a
repetitive pattern of loss or damage exists, the Grantee may, with the approval
of the City Manager, charge the customer for a replacement container. The
Grantee shall replace all containers damaged due to normal wear and tear
within one (1) week after notification.
C. Not later than 120 days after the execution of this Franchise, Grantee, at
Grantees' sole expense, shall provide technical assistance and on-site waste
audits to commercial subscribers and multi -family residences at rates set forth
in Exhibit "F." Upon determination of the types of waste categories that can
be reduced or recycled at a specific location, Grantee shall provide, at
minimum, a three (3) cubic yard bin or suitable alternative capable of storing
source separated recyclable materials to be made available for as needed
pickup of recyclable material. Bins shall be provided by Grantee at Grantee's
expense. Bins that are stolen and/or damaged will be reasonably replaced by
Grantee, at Grantees' sole expense, upon request of the customer. If a
repetitive pattern of loss or damage exists, the Grantee may, with the approval
of the City Manager, charge the customer for a replacement bin. The Grantee
shall replace all bins damaged due to normal wear and tear within one (1)
week after notification.
D. Grantee shall, to the extent economically feasible, provide construction and
demolition waste recycling services for some inert solids that can be recycled
for reuse in the construction industry. Such inerts may include but are not
limited to: rock, concrete, brick, sand, soil, asphalt, and wood.
E. Grantee guarantees to City that said twenty-five percent (25%) of the City's
waste stream shall be diverted annually by January 1, 1995, and if this
Franchise remains in effect until January 1, 2000, fifty percent (50%) shall be
diverted by January 1, 2000 as required by AB 939, as amended. If a shortfall
exists, the Grantee may implement contingencies measures as identified in the
City's SRRE. Grantee will be responsible to implement the public education
and awareness portion of the SRRE as set forth in Exhibit "F". The failure of
Grantee to achieve these goals shall be deemed a material breach of this
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Franchise.
F. Grantee will provide City with written reports in a form adequate to meet
City's reporting requirements to the California Integrated Waste Management
Board, and to the County of Los Angeles throughout the term of this Franchise
wherein its performance under this program is set forth in detail.
G. The parties contemplate that the City may elect to require the use of
residential refuse barrels equipped for use in automated refuse and recyclable
collection systems, in conjunction with the use of a materials recovery facility,
to recover recyclables.
(1) At such time as a materials recovery facility (MRF) becomes available
to accept the solid waste from the Franchise Area covered by this
Franchise, City may at its sole option and upon three (3) months notice,
require Grantee to implement an automated collection system. City and
Grantee will negotiate a reasonable adjustment in rates. Grantee, at
Grantee's sole expense, will provide barrels equipped for use in the
automated collection system. If City elects to require Grantee to use a
fully automated collection system, Grantee shall provide each Single
Family Residence with containers equipped for automated collection. If
any customer requests an additional container or containers, Grantee
shall provide the additional container or containers and may charge an
additional monthly fee, in an amount approved by the City Council.
(2) City agrees that it will cooperate, participate and consult with Grantee
in an effort to develop a new solid waste Material Recovery Facility Site
in southwestern San Bernardino County which is mutually acceptable
to City and Grantee. In the event such a jointly selected site is located
during the term of this Franchise, Grantee agrees that it will expend all
funds reasonably necessary to acquire, design, develop, construct and
permit such a MRF, and that City shall not be required to expend any
funds whatsoever in regard thereto.
(3) In the event such a jointly selected MRF is duly permitted for operation
during the term of this Franchise, parties agree that they shall
renegotiate the Schedule of Rates as set forth in Exhibit "E".
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EXHIBIT D
YARDWASTE PROGRAM
A. Not later than 180 days after the execution of this Franchise, Grantee shall
institute a voluntary backyard yardwaste program by providing the first 100
single-family residential customers that register with a composting bin
appropriate for the controlled biologically decomposition of organic materials
(i.e., yardwastes). Grantee, at Grantee's sole expense, shall provide a bin that
is constructed from not less than 15% post -consumer recycled plastic and is of
a size, weight, nature and type to be minimally intrusive on the community
with respect to aesthetics, vector control, ease of use and other factors
necessary to minimize the impacts of this program. In addition, Grantee, at
Grantees' sole expense, shall provide all necessary technical assistance and
educational materials to advise participants on proper composting techniques
and answer any questions or problems relating to the program.
B. Grantee, at Grantees' sole expense, shall provide, to the City for demonstration
purposes, up to four (4) composting bins of a size, weight, nature and type to
be minimally intrusive on the community with respect to aesthetics, vector
control, and ease of use. These bins shall be delivered to public facilities (e.g.,
parks) designated by the City Manager within two (2) weeks after notification.
In addition, Grantee agrees to assist City in developing a public outreach
campaign by providing educational material, as well as an individual,
knowledgeable on compostinglorganic gardening or other related topics, to
lecture in up to two (2) composting demonstration events per year.
C. City may at its sole option and upon three (3) months notice, require Grantee
to implement a mandatory curbside yardwaste collection program for single
family residences. At such time as a yardwaste program becomes mandatory
within the Franchise Area covered by this Franchise, the City and Grantee will
negotiate reasonable rates for these services. Grantee, at Grantee's sole
expense, shall provide a 100 -gallon container or suitable alternative for use in
the curbside yardwaste collection program. If any customer requests an
additional container or containers, Grantee shall provide the additional
container or containers and may charge an additional monthly fee, in an
amount approved by the City Council.
(1) City agrees that it will cooperate, participate and consult with Grantee
to develop a curbside yardwaste collection program which is mutually
acceptable to City and Grantee. In the event such a program is
implemented during the term of this Franchise, Grantee agrees that it
will expend all funds reasonably necessary to design, develop, and
provide the equipment necessary for such a program, and that City shall
not be required to expend any funds whatsoever in regard thereto.
(2) Upon implementation of this program, Grantee guarantees to divert, in
a manner acceptable to the California Integrated Waste Management
Board, 50% of the total yardwastes from single family residences by the
first anniversary date of the program, and if this Franchise remains in
41
effect until January 1, 2000, eighty percent (80%) by January 1, 2000.
If a shortfall exists, the Grantee may implement contingencies measures
as identified in the City's SRRE. Grantee will be responsible to
implement the public education and awareness portion of the SRRE as
set forth in Exhibit "F". The failure of Grantee to achieve these goals
shall be deemed a material breach of this Franchise.
D. Grantee will provide City with written reports in a form adequate to meet
City's reporting requirements to the California Integrated Waste Management
Board, and to the County of Los Angeles throughout the term of this Franchise
wherein its performance under this program is set forth in detail.
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EXHIBIT E
SCHEDULE OF RATES
Company Billing
1. Semi -Automated Residential Collection, Disposal and Recycling Services:
A. Single Family Residences:
one (1) 100 -gallon container
OPTION I one (1) 32 -gallon container - $9.74 per month.
one (1) 64 -gallon container
OPTION II one (1) 32 -gallon container - $8.90 per month.
B. Special Services per Single Family Residence:
o Senior Discount 15% off services rendered
2. Commercial/Multi-family Bin Rates (Selected Bins - Monthly Rate)*
2 Cubic Yard 1 x week $42.00
3 Cubic Yard 1 x week $53.00
2 x week
$93.00
3 x week
$133.00
4 x week
$172.00
5 x week
$212.00
6 x week
$256.00
6 Cubic Yard 1 x week
$90.00
2 x week
$158.00
3 x week
$226.00
4 x week
$294.00
5 x week
$362.00
6 x week
$438.00
*Note: Charges for other bins or services must be approved in advance
by the City Manager.
3A. Commercial/Multi-family Recycling (one 3 cubic yard bin - Monthly Rate)
1 x week $44.00
2 x week $75.00
43
3B. Industrial/Rolloff Container Recycling 40, 10 cubic yard
(Designated Items - Per Dropoff) $130.00
4. 40 cubic yard Rolloff Container $226.00
5. 10 cubic yard Rolloff/Lowboy Box $258.00
6. Temporary Service (3 cubic yard/1 pickup) $65.00
7. Redelivery and Reinstatement Charge $50.00
Annual Consumer Price Index ("CPI") and Tipping Fee Adjustment.
All rates in paragraphs E 1-7, above, shall be automatically adjusted to reflect
changes in the consumer price index and tipping fees (Where Applicable). The
CPI adjustment shall be made annually and such adjustment shall be effective
as of the first day of July of each calendar year. The "CPI" adjustment shall
be equal to the amount derived by multiplying (a) the previous rate by (b) the
percentage increase or decrease in the Consumer Price Index for all urban
consumers within the Los Angeles -Anaheim -Riverside Metropolitan Area
during the prior calendar year, excluding the housing component. The
comparison shall be made for each March 1st during the term hereof and shall
be effective each July 1st. The first CPI adjustment shall occur July 1, 1993.
The tipping fee adjustment shall be a pro -rata pass through of any tipping fee
increase, and shall be effective at the start of the first full billing period after
the tipping fee is adjusted. As of the effective date of this Franchise, the
landfill tipping fee charged at the County Sanitation Districts of Los Angeles
County is $15.94 per ton.
Pursuant to Section 25 above, the tipping fee adjustment for solid wastes
exported to a permitted disposal facility outside of the County of Los Angeles
shall be a pro -rata pass through of any tipping fee increase, and shall be
effective at the start of the first full billing period after the tipping fee is
adjusted. As of the effective date of this Franchise, the landfill tipping fee
charged in Riverside County is $31.50 per ton and in San Bernardino County
the landfill tipping fee is $36.65 per ton.
44
The formulas for the annual CPI -U and Landfill Tipping Fee Adjustments are
as follows:
(1) CPI FORMULA:
(a) RESIDENTIAL
Exhibit "E," paragraph 1: (Rate x SA%) x CPI -U
Where "S" is equal to the actual percentage share of service
related cost. SA=66%
Example: ($9.74 x 66%) x 3.6% = $0.23 Rate Increase
(b) COMMERCIAL
Exhibit "E," paragraphs 2,3,6,7: (Rate x SB%) x CPI -U
Where "S" is equal to the actual percentage share of service
related cost. SB=80%
Example: ($53.00 x 80%) x 3.6% = $1.52 Rate Increase
(c) INDUSTRIAL/R,OLLOFF
Exhibit "E," paragraphs 4-5 (Rate x Sc%) x CPI -U
Where "S" is equal to the actual percentage share of service
related cost. Sc=56%
Example: ($226.00 x 56%) x 3.6% = $4.57 Rate Increase
(2) LANDFILL TIPPING FEE FORMULA:
(a) RESIDENTIAL RATES
$.21 per $1.00/ton landfill increase times current published
recycling diversion rate (less greenwaste)
Example: $2.50 landfill increase with 25% diversion rate
$.21 x $2.50 = $0.525 x 25% =$0.13
$0.525 - $0.13 = $0.395 disposal rate increase
(b) COMMERCIAL AND MULTI -FAMILY RESIDENTIAL RATES
$0.71 per $1.00/ton landfill increase times frequency of service
and current published nonresidential recycling diversion rate less
greenwaste, concrete, and asphalt.
Example: $2.50 landfill increase (one time per week collection)
with 25% diversion rate
$.71 x $2.50 x (1) = $1.77 x 25% =$0.44
45
$1.77 - $0.44 =$1.33 disposal rate increase
(c) INDUSTRIAL/ROLLOFF CONTAINER RATES
40 Cubic Yard Container
$6.00 per $1.00/ton landfill increase less uncontaminated loads of
greenwaste, concrete, and asphalt.
Example: $2.50 landfill increase
$6.00 x $2.50 = $15.00 disposal rate increase
10 Cubic Yard Container
$8.00 per $1.00/ton landfill increase less uncontaminated loads of
greenwaste, concrete, and asphalt.
Example: $2.50 landfill increase
$8.00 x $2.50 = $20.00 disposal rate increase
Extraordinary Costs.
In addition to, and not in lieu of, the annual CPI increase or decrease
described above, Grantee shall also be entitled to rate increases or decreases
in an amount equal to Grantee's extraordinary increases or decreases in its
cost of operations. Such extraordinary cost increases or decreases shall be
subject to City Council approval. Such extraordinary increases or decreases
in its cost of operations shall include, by way of example and not by way of
limitation: (1) a change in the location of the landfill or other lawful disposal
sites to which the Grantee is required to transport Solid Waste collected
hereunder; (2) increase or decreases in other permit fees payable by Grantee
based on its operations hereunder; (3) changes in the local, state or federal
laws governing collection, separation, transportation or disposal of Solid
Waste, Recyclables, and Compostables; and (4) fluctuations in market price for
recycled commodities.
46
EXHIBIT F
PUBLIC INFORMATION AND EDUCATION
A. Public Education and Information Generall
The mission of the public education and information program shall be to
create widespread awareness of diversion activities taking place in the
community, as well as motivate participation in all of the City's recycling and
composting programs.
B. Public Education and Information Program
(1) Not later than 90 days after the execution of this Franchise, Grantee, at
Grantees' sole expense, shall prepare and implement a multilingual public
education and information program consistent with the City's Source
Reduction and Recycling Element (SRRE). The program shall be prepared in
coordination with the City and well in advance of the introduction any service
sanctioned by the City. This program shall, at a minimum: familiarize
residents, property managers, business owners/managers, and designated
institutional repre-sentatives with essential waste reduction and recycling
concepts; explain the benefits of recycling and composting (if applicable);
explain the purpose and the manner of the City sanctioned recycling and
composting programs; emphasize the materials to be collected; show the
convenience of the whole range of activities in the City (both existing and
proposed); and how to obtain further information. The City may supplement
the program with newsletters and other means of communicating with the
public. The content of all written materials is subject to the review and
approval of the City Manager.
(2) The public education and information program shall be consistently
presented throughout the service area and shall be at the cost of the Grantee.
Publicity must emphasize all materials to be collected. In addition, the
Grantee shall provide assistance to the City Manager or a designee in City
wide publicity; attending interviews scheduled with the media and attending
meetings with representatives of the solid waste and secondary materials
management industries, in order to explain the program.
(3) The Grantee, at Grantees' sole expense, shall develop, in conjunction with
area school authorities, curricula that can be used to educate students about
source reduction, recycling, composting, and special waste.
(4) All vehicles, high visibility bins, rolloffs, earthquake/catastrophe
preparedness containers, residential containers, published material (including
project letterhead), and advertising shall use the following logo:
"Reduce -Reuse -Recycle: It's Everyones' Resuonsibility." This logo shall
be used in all activities so as to identify the City as sponsor, integrate and
unify program activities, attract attention, and send a positive consistent
message to the public to encourage participation.
47
C. Technical Information Sheet
The Grantee shall prepare a technical information sheet which explains the
ope-ration of the their services, the delivery schedule for bins and containers
(where necessary), material preparation, the garb age/recycling/composting rate
structure (if applicable), and the anticipated affect that will have on the waste
generation habits and waste stream volumes of the City. This sheet, along
with an official City of Diamond Bar letter, shall be delivered by the Grantee
one (1) week prior to the start of collection.
D. City Letter
The City Manager shall prepare an official City letter which will briefly
explain the program background, the program implementation schedule; and
the responsibility of the participants. This letter shall be printed, at no
expense to the City, by the Grantee and should be distributed in conjunction
with the technical information sheet.
E. Waste Evaluations
Not later than 120 days after the execution of this Franchise, Grantee, at
Grantees' sole expense, shall, upon request, provide technical assistance to
commercial subscribers. Such assistance may include but is not limited to:
educational materials, workshops which promote source reduction practices
at commercial sites, and on-site waste audits which identify types of waste
categories that can be reduced or recycled at a specific location.
F. Onaoina Information and Education Efforts
The on-going public information and education program shall be designed to
increase public participation in waste reduction and recycling throughout the
length of the Franchise. Activities shall be designed to maintain and
maximize citizen participation in the City's programs. The Grantee shall keep
the public
informed of the program and encourage participation through at least two (2)
promotional mailings or other suitable publicity, as approved by the City
Manager, annually.
G. Evaluation
The Grantee shall, at a minimum, coordinate with the City in developing a
evaluation methodology for determining the effectiveness of the public
information and education campaign. This methodology shall track, at a
minimum: the degree to which residential and commercial customers measur-
ably increase their awareness of waste reduction and recycling; fluctuation in
recycling volumes and participation rate corresponding to the Grantees' pro-
motional campaign; overall increases in participation and recycling volumes;
and, a discussion of the program's highlights including types of problems and
the measures taken to resolve the problems and increase efficiency.
acceptable to the City Attorney. The performance deposit shall serve as
security for the faithful performance by Grantee of all the provisions and
obligations of this Franchise.
(1) After thirty (30) days following Grantee's failure to pay the City any
amount owing under this Franchise, the performance deposit may be
attached by the City upon five (5) days prior written notice to the
Grantee for purposes including, but not limited to:
(a) Failure of Grantee to pay the City sums due under the terms of
the Franchise.
(b) Reimbursement of costs borne by the City to correct Franchise
violations not corrected by Grantee, after due notice.
(c) Monetary remedies or damages assessed against Grantee due to
breach of the Franchise.
(2) The Grantee shall deposit a sum of money sufficient to restore the
performance deposit to the original amount within thirty (30) days after
notice from the City that any amount has been withdrawn from the
performance deposit.
SECTION 9. TERM: EXTENSIONS.
A. The term of this Franchise shall be for a period of six (6) years, and shall
commence on ,and expire on . Twelve
(12) months prior to the expiration date of the term of this Franchise
agreement, the City, at the City's sole option, may extended said agreement for
one (1) year and six (6) months. If the City does not extend the term of this
agreement, than the City may terminate this agreement at the completion of
the six (6) year term, providing that Grantee be give written notice of such
termination at least twelve (12) months prior to the termination date. Such
notice shall serve as a "Notification of Termination" and the Franchise shall
then remain in effect for the balance of the six (6) -year term, unless earlier
terminated for default or by agreement of the Parties. In no event shall said
term, including any extension thereof, at any time exceed a total period of
seven (7) years and six (6) months.
SECTION 10. FRANCHISE TRANSFERRABLE: CITY CONSENT REQUIRED.
A. This Franchise shall not be transferred, sold, hypothecated, sublet or assigned,
nor shall any of the rights or privileges herein be hypothecated, leased,
assigned, sold or transferred, either in whole or in part, nor shall title thereto,
either legal or equitable, or any right, interest or property therein, pass to or
vest in any person, except the Grantee, either by act of the Grantee or by
operation of law, without the prior written consent of the City expressed by
resolution. Any attempt by Grantee to assign this Franchise without the
consent of City shall be void.
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B. If the Grantee attempts to transfer the franchise prior to obtaining City
consent, all of the profits or twenty-five percent (25%) of the Gross Revenues,
from the date of attempted transfer until the date of City consent, whichever
is greater, shall be returned to the customers, on a pro rata basis.
C. The City shall not unreasonably withhold its consent to a transfer of the
franchise granted by this Franchise. The City may impose conditions of
approval on a Franchise transfer, including, but not limited to conditions
requiring acceptance of amendments to Ordinance 2-90 and this Franchise, and
the payment of a transfer fee to the City.
D. City consent is required for any change in control of Grantee. "Change in
control" shall mean any sale, transfer or acquisition of Grantee. Grantee is a
corporation, and any acquisition of more than twenty-five percent (25%) of
Grantee's voting stock by a person, or group of persons acting in concert, who
already owns less than 50% of the voting stock, shall be deemed a change in
control.
E. Any change in control of the Grantee occurring without prior City approval
shall constitute a material breach of this Franchise.
SECTION 11. FRANCHISE TRANSFER: FEES.
A. Any application for a franchise transfer shall be made in a manner prescribed
by the City Manager. The application shall include a transfer fee in an
amount to be set by City by Resolution of the Council, to cover the cost of all
direct and indirect administrative expenses including consultants and
attorneys, necessary to adequately analyze the application and to reimburse
City for all direct and indirect expenses. In addition, the Grantee shall
reimburse the City for all costs not covered by the transfer fee. Bills shall be
supported with evidence of the expense or cost incurred. The applicant shall
pay such bills within thirty (30) days of receipt.
B. These franchise transfer fees are over and above any franchise fees specified
in this Franchise.
SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION
A. If the City Manager determines that the Grantee's performance pursuant to
this Franchise has not been in conformity with reasonable industry standards
which obtain in similar cities in Southern California, the provisions of this
Franchise, the requirements of Ordinance 2-90, the requirements of the
California Integrated Waste Management Board, including, but not limited to,
requirements for source reduction and recycling (as to the waste stream subject
to this Franchise) or any other applicable federal, state or local law or
regulation, including but not limited to the laws governing transfer, storage or
disposal of hazardous waste, the City Manager may advise Grantee in writing
of such deficiencies. The City Manager may, in such written instrument, set
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a reasonable time within which correction of all such deficiencies is to be made.
Unless otherwise specified, a reasonable time for correction shall be sixty (60)
days from the receipt by the Grantee of such written notice. The City Manager
shall review the Grantee's response and refer the matter to the City Council
or decide the matter and notify the Grantee of that decision, in writing. A
decision or order of the City Manager shall be final and binding on Grantee if
the Grantee fails to file a "Notice of Appeal" with the City Manager within 30
days of receipt of the City Manager's decision. Within ten working days of
receipt of a Notice of Appeal, the Manager shall either refer the appeal to the
City Council for proceedings in accordance with Section 12C -D, below, or refer
the matter to a mediator as provided in Section 13, below.
B. The City Council, in such case, may set the matter for hearing. The City
Council shall give Grantee, and any other person requesting the same, fourteen
(14) days written notice of the time and place of the hearing. At the hearing,
the City Council shall consider the report of the City Manager indicating the
deficiencies, and shall give the Grantee, or its representatives and any other
interested person, a reasonable opportunity to be heard.
C. Based on a preponderance of the evidence presented at the public hearing, the
City Council shall make appropriate findings of fact before determining
whether the Franchise should be terminated or liquidated damages imposed
upon the Grantee. If, based upon the record, the City Council determines that
the performance of Grantee is in breach of any material term of this Franchise
or any material provision of any applicable federal, state or local statute or
regulation, the City Council, in the exercise of its sole discretion, may
terminate forthwith, the Franchise or impose liquidated damages, as defined
below. The decision of the City Council shall be final and conclusive, subject
to referral of the matter for an administrative hearing pursuant to Section 13,
below. Grantee's performance under its Franchise is not excused during the
period of time prior to the City Council's final determination as to whether
such performance is deficient.
D. This right of termination or to impose liquidated damages is in addition to any
other rights of City upon a failure of Grantee to perform its obligations under
this Franchise.
E. The City further reserves the right to terminate Grantee's Franchise or impose
liquidated damages in the event of any of the following:
(1) If the Grantee practices, or attempts to practice, any fraud or deceit
upon the City.
(2) If the Grantee becomes insolvent, unable or unwilling to pay its debts,
or upon, listing of an order for relief in favor of Grantee in a bankruptcy
proceeding.
(3) If the Grantee fails to provide or maintain in full force and effect, the
workers compensation, liability and indemnification coverage or
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performance deposit as required by the Franchise.
(4) If the Grantee willfully violates any orders or rulings of any regulatory
body having jurisdiction over the Grantee relative to this Franchise,
provided that the Grantee may contest any such orders or rulings by
appropriate proceedings conducted in good faith, in which case no
breach of the Franchise shall be deemed to have occurred.
(5) If the Grantee ceases to provide collection service as required under this
Franchise over all or a substantial portion of its Franchise Area for a
period of seven (7) days or more, for any reason within the control of the
Grantee.
(6) If the Grantee willfully fails to make any payments required under the
Franchise and/or refuses to provide City with required information,
reports and/or test results in a timely manner as provided in the
Franchise.
(7) Any other act or omission by the Grantee which materially violates the
terms, conditions or requirements of the Franchise, Ordinance 2-90, the
California Integrated Waste Management Act of 1989, as it may be
amended from time to time or any order, directive, rule or regulation
issued thereunder and which is not corrected or remedied within the
time set in the written notice of the violation or, if the Grantee cannot
reasonably correct or remedy the breach within the time set forth in
such notice, if the Grantee should fail to commence to correct or remedy
such violation within the time set forth in such notice and diligently
effect such correction or remedy thereafter.
F. LIQUIDATED DAMAGES.
(1) The City finds, and the Grantee agrees, that as of the time of the
execution of this Franchise, it is impractical, if not impossible to
reasonably ascertain the extent of damages which will be incurred by
the City as a result of a material breach by Grantee of its obligations
under this Franchise. The factors relating to the impracticability of
ascertaining damages include, but are not limited to, the fact that: (i)
substantial damage results to members of the public who are denied
service or denied quality or reliable service; (ii) such breaches cause
inconvenience, anxiety, frustration and deprivation of the benefits of the
Franchise to individual members of the general public for whose benefit
this Franchise exists, in subjective ways and in varying degrees of
intensity which are incapable of measurement in precise monetary
terms; (iii) that services might be available at substantially lower costs
than alternative services, and the monetary loss resulting from denial
of services or denial of quality or reliable services is impossible to
calculate in precise monetary terms; and (iv) the termination of this
Franchise for such breaches, and other remedies are, at best, a means
of future correction and not remedies which make the public whole for
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past breaches.
(2) Accordingly, the City Council may, in its discretion, assess liquidated
damages not to exceed the sum of Seven Hundred and Fifty Dollars
($750.00) per day, for each calendar day that service is not provided by
Grantee in accordance with this Franchise. The amount of the
liquidated damages shall be increased by the past year's consumer price
index for the Los Angeles -Anaheim -Riverside area for each March 1st
during the term hereof and effective July 1st of each year. In addition,
the Council may order the assessment against the performance deposit
required by Section 8A, above, the termination of the Franchise, or both.
(3) The City finds, and the Grantee acknowledges and agrees that the
above-described liquidated damages provisions represent a reasonable
sum in light of all of the circumstances. Said liquidated damages sums
shall be applicable to each calendar day of delay during which Grantee
has been found by the City Council to be in material default pursuant
to this Section. The Grantee shall pay any liquidated damages assessed
by the City Council within thirty (30) days after they are assessed. If
they are not paid within the thirty -day period, the City may withdraw
them from the security fund established by the performance deposit
required by Section 8A, above, order the termination of the Franchise
granted by this Franchise, or both.
SECTION 13. MEDIATION PROCEDURE.
A. Any dispute or controversy arising under this Franchise Agreement, or in
connection with any of the terms and conditions hereof, shall be referred by the
parties hereto for mediation. It is specifically understood and agreed by the
parties hereto that referral of any such dispute or controversy, and mutual
good faith efforts to resolve the same thereby, shall be conditions precedent to
the institution of any action or proceeding, whether by law or in equity with
respect to any such dispute or controversy.
B. If either the City Manager or the City Council refers a matter to a mediator,
or if the Grantee should allege a breach of the Franchise by the City, a neutral
mediation service shall be selected, as agreed upon by the parties and the costs
and expenses thereof shall be borne equally by the parties hereto; if
agreement, concerning such selection, is not reached within twenty working
days, then the City Council shall select a third party mediation service. The
City Council's decision shall be final.
C. A mediator to whom a matter is referred shall have the authority to (i) order
the City or the Grantee to undertake remedial action to cure the breach and
to prevent occurrence of similar breaches in the future; (ii) assess damages
and/or levy a penalty upon the Grantee consistent with the terms of this
Franchise; or (iii) find there has been no breach. If the mediator finds that
there has been no breach, such a decision precludes the City from conducting
a default hearing. For any occurrence or series of related occurrences, in which
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it has been determined that a breach has occurred, the penalty may be up to
five thousand dollars ($5,000.00). The amount of the penalty shall be
reasonably related to the seriousness of the breach of the Franchise.
D. Any failure of the Grantee to comply with the mediator's order shall be deemed
a material breach of the Franchise, and may be grounds for termination of the
Franchise.
E. The mediator shall commence the hearing within thirty (30) days of selection
unless the parties and the mediator agree otherwise. Any party to the hearing
may issue a request to compel reasonable document production from the other
party. Disputes concerning the scope of document production and enforcement
of document requests shall be subject to agreement by the parties, or if
agreement is not reached within twenty (20) days of that document request,
then by disposition by order of the mediator. Any such document request shall
be subject to the proprietary rights and rights of privilege of the parties, and
the mediator shall adopt procedures to protect such rights.
F. Neither party may communicate separately with the mediator after the
mediator has been selected. All subsequent communications between a party
and the mediator shall be simultaneously delivered to the other party. This
provision shall not apply to communications made to schedule a hearing or
request a continuance.
G. Until final judgment is entered from the mediator proceeding under the
foregoing provisions and the time for appeal or other post judgment petition
has expired, the imposition or enforcement of any penalties or sanctions
provided in the Franchise and related to the subject matter of the hearing
shall be stayed. The mediator may modify or cancel any proposed penalties or
sanctions upon a finding that the party subject thereto acted with substantial
justification, or if the interests of justice so require.
H. Any party to a hearing may petition the Superior Court in Los Angeles County,
California to confirm, correct or vacate the award on the grounds stated in the
General Arbitration Act. Any proceedings on appeal shall be in accordance with
Code of Civil Procedures § 1294 and § 1294.2.
SECTION 14. CITY'S ADDITIONAL REMEDIES.
In addition to the remedies set forth in Sections 12-13, above, City shall have the
following rights:
A. To rent or lease equipment from Grantee for the purpose of collecting,
transporting and disposing of solid waste which Grantee is obligated to collect,
transport and dispose of pursuant to this Franchise, for a period not to exceed
six (6) months. In the case of equipment not owned by Grantee, Grantee shall
assign to City, to the extent Grantee is permitted to do so under the
instruments pursuant to which Grantee possesses such equipment, the right
to possess the equipment. If City exercises its rights under this Section 14,
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City shall pay to Grantee the reasonable rental value of the equipment so
taken for the period of City's possession thereof;
B. The right to license others to perform the services otherwise to be performed
by Grantee hereunder, or to perform such services itself; and
C. The right to obtain damages and/or injunctive relief. Both parties recognize
and agree that in the event of a breach under the terms of this Franchise by
Grantee, City may suffer irreparable injury and incalculable damages sufficient
to support injunctive relief, to enforce the provisions of this Franchise and to
enjoin the breach thereof.
SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY
A. Should Grantee, for any reason whatsoever, accept the occurrence or existence
of any of the events or conditions set forth in Section 28 A, "Force Maieure "
below, refuse or be unable to collect, transport and dispose of any or all of the
refuse, compostables and recyclables which it is obligated under this Franchise
to collect, transport and dispose of for a period of more than seventy-two (72)
hours, and if as a result thereof, refuse, compostables and recyclables should
accumulate in City to such an extent, in such a manner, or for such a time
that the City Manager should find that such accumulation endangers or
menaces the public health, safety or welfare, then in such event City shall
have the right, upon twenty-four (24) hour prior written notice to Grantee,
during the period of such emergency, to temporarily take possession of any or
all equipment and facilities of Grantee previously used in the collection,
transportation and disposal of refuse, compostables and recyclables under this
Franchise, and to use such equipment and facilities to collect and transport
any or all refuse, compostables and recyclables which Grantee would otherwise
be obligated to collect and transport pursuant to this Franchise. Grantee
agrees that in such event it will fully cooperate with City to effect such a
transfer of possession for City's use.
B. Grantee agrees that, in such event, City may take temporary possession of and
use all of said equipment and facilities without paying Grantee any rental or
other charge, provided that City agrees that, in such event, it assumes
complete responsibility for the proper and normal use of such equipment and
facilities. City agrees that it shall immediately relinquish possession of all of
the above-mentioned property to Grantee upon receipt of written notice from
Grantee to the effect that it is able to resume its normal responsibilities under
this Franchise.
SECTION 16. PRIVACY.
A. Grantee shall strictly observe and protect the rights of privacy of customers.
Information identifying individual customers, or the composition or contents
of a customer's refuse or recyclables shall not be revealed to any person,
governmental unit, private agency or company, unless upon the authority of
a court of law, by statute, or upon valid authorization of the customer. This
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provision shall not be construed to preclude Grantee from preparing,
participating in, or assisting in the preparation of waste characterization
studies or waste stream analyses which may be required by AB 939.
B. Grantee shall not market or distribute outside the normal course of its
business, mailing lists with the names and addresses of customers.
C. The rights accorded customers pursuant to this Section shall be in addition to
any other privacy right accorded customers pursuant to federal or state law.
SECTION 17. REPORTS AND ADVERSE INFORMATION.
A. Annual Reports. The City may require that within 120 days after the close of
Grantee's fiscal year, the Grantee shall submit a written annual report, in a
form approved by the City, including, but not limited to, the following
information:
(1) A summary of the previous year's (or, in the case of the initial report
year, the initial year's) activities including, but not limited to, services
begun or discontinued during the reporting year, and the number of
customers for each class of service;
(2) A report, in a form satisfactory to the City, on the City's progress in
meeting and maintaining its ability to meet its goals under AB 939 as
applied to the franchise area, along with any recommended changes.
(3) A revenue statement, setting forth quarterly Franchise Fees, and the
basis for the calculation thereof, certified for accuracy by an officer of
the Grantee;
(4) A list of Grantee's officers and member of its board of directors.
(5) A list of stockholders or other equity investors holding five percent (5%)
or more of the voting interest in the Grantee and any subsidiaries
unless Grantee is a public corporation whose annual reports are publicly
available.
B. Monthly Reports. Grantee shall submit monthly program reports for the
length of the Franchise commencing upon final approval of the Franchise.
These reports shall be due within twenty (20) working days from the end of the
month. At a minimum, the reports shall include:
(a) Summaries of tonnage collected and disposed of in landfill;
(b) Summaries of tonnage of recycled material collected, by material,
by route;
(c) Summaries of tonnages of non-recyclables and contaminants
disposed;
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(d) Summaries of tonnages, using an approved sampling
methodology, of each material sold or otherwise exchanged for
processing, by material type;
(e) Average market prices for each material sold, and processing
charges or acceptance fees for yardwaste or other applicable
materials;
(f) Participation rates for each route in terms of set out counts and
average pounds collected per residential subscriber, multi -family
residences, or commercial subscriber;
(g) Description of progress in meeting the implementation schedule,
including the problems encountered and how they were resolved;
(h) Summaries of the number of service complaints by route,
including the date, nature of complaint, and how it was resolved.
C. Ad Hoc Reports. Grantee shall provide up to six (6) reports. of varying detail
and format, as specifically requested by the City, to meet unforeseeable
information queries of the California Integrated Waste Management Board,
Los Angeles County Integrated Waste Management Task Force, or other public
agencies.
D. Adverse Information. Grantee shall provide City two copies of all reports, or
other material adversely affecting the Franchise, submitted by Grantee to the
EPA, the California Integrated Waste Management Board or any other Federal
or State agency. Copies shall be submitted to City simultaneously with
Grantee's filing of such matters with said agencies. Grantee's routine
correspondence to said agencies need not be automatically submitted to City,
but shall be made available to City upon written request, as provided in
Section 27, below.
(1) The Grantee shall submit to City copies of all pleadings, applications,
notifications, communications and documents of any kind, submitted by
the Grantee to, as well as copies of all decisions, correspondence and
actions by, any Federal, State and local courts, regulatory agencies and
other government bodies relating specifically to Grantee's performance
of services pursuant to this Franchise. Any confidential data exempt
from public disclosure shall be retained in confidence by the City and its
authorized agents and shall not be made available for public inspection.
(2) Grantee shall submit to the City such other information or reports in
such forms and at such times as the City may reasonably request or
require.
(3) All reports and records required under this or any other section shall be
furnished at the sole expense of the Grantee.
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(4) A copy of each of Grantee's annual and other periodic public financial
reports and those of its parent, subsidiary and affiliated corporation and
other entities, as the City requests, shall be submitted to the City
within thirty (30) days after receipt of a request.
E. Failure to Report. The refusal, failure, or neglect of the Grantee to file any of
the reports required, or the inclusion of any materially false or misleading
statement or representation made knowingly by the Grantee in such report
shall be deemed a material breach of the Franchise, and shall subject the
Grantee to all remedies, legal or equitable, which are available to the City
under the Franchise or otherwise.
SECTION 18. PUBLIC INFORMATION AND EDUCATION
A. Grantee shall design and implement, in conjunction with the City, a public
information and education program as set forth in Exhibit "F."
SECTION 19. ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF
SERVICE.
A. At City's sole option, within ninety (90) days of the first anniversary of the
effective date of this Franchise, and each year thereafter throughout the term
of the Franchise, City may hold a public hearing at which the Grantee shall
be present and shall participate, to review the Grantee's performance and
quality of service. The reports required by this Franchise regarding customer
complaints shall be utilized as the basis for review. In addition, any customer
may submit comments or complaints during the review meetings, either orally
or in writing, and these shall be considered.
B. Within thirty (30) days after the conclusion of the public hearing, City shall
issue a report with respect to the adequacy of performance and quality of
service. If any noncompliance with the Franchise is found, City may direct
Grantee to correct the inadequacies in accordance with Sections 12 above.
SECTION 20. SYSTEM AND SERVICES REVIEW.
To provide for technological, economic, and regulatory changes in refuse
collection and recycling, to facilitate renewal procedures, to promote
competition in the refuse and recycling industry, and to achieve a continuing,
advanced refuse collection and recycling system, the following system and
services review procedures are hereby established:
A. At City's sole option, City Manager may hold an administrative hearing on or
about the second anniversary day of the Franchise at which the Grantee shall
be present and shall participate, to review the refuse collection and recycling
system and services. Subsequent system and services review hearings may be
scheduled by City each two (2) years thereafter. It is City's intent to conduct
any system and services review concurrently with any Annual Review of
Performance and Quality of Service as provided for in Section 19, above.
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B. Sixty (60) days after receiving notice from the City, Grantee shall submit a
report to City indicating the following:
(1) All refuse collection composting and recycling services reported in refuse
collection and recycling industry trade journals that are being commonly
provided on an operational basis, excluding tests and demonstrations,
to communities in the United States with comparable populations, that
are not provided to City; and
(2) Changes recommended to improve the City's ability to meet the goals of
AB 939.
(3) Any specific plans for provision of such new services by the Grantee, or
a justification indicating why Grantee believes that such services are not
feasible for the Franchise Area.
C. Topics for discussion and review at the system and services review hearing
shall include, but shall not be limited to, services provided, feasibility of
providing new services, application of new technologies, customer complaints,
rights of privacy, amendments to the Franchise, developments in the law, new
initiatives for meeting or exceeding AB 939s goals and regulatory constraints.
D. City and the Grantee may each select additional topics for discussion at any
systems and services review hearing.
E. Not later than sixty (60) days after the conclusion of each system and service
review hearing, City shall issue a report. The report shall include a listing of
any refuse collection and recycling services not then being provided to City
that are considered technically and economically feasible by City. City may
require Grantee to provide such services within a reasonable time, for
reasonable rates and compensation.
SECTION 21. COMPENSATION.
A. Grantee Rates. Grantee shall provide the services described in this Franchise
in accordance with the rates fixed by City from time to time, all as described
below and as set forth in the "Schedule of Rates," which is attached as Exhibit
"Ell
(1) OPTION I
Single Family Residential Collection Disposal and Recycling Service.
Grantee shall charge the monthly fees set forth in Exhibit "E" for each
single family Residential Subscriber.
(2) OPTION II
Single Family Residential Collection Disposal and Recycling Services
Grantee shall charge the monthly fees set forth in Exhibit "E" to eligible
single family Residential Subscriber meeting the following requirements:
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Senior Citizens, Disabled Individuals, and other situations as approved
by the City Manager.
(3) Commercial and Multi -family Residences Bin Collection Disposal and
Recycling Service. Grantee shall charge the monthly fee set forth in
Exhibit "E" for each Bin used by Commercial Subscribers or at Multi -
Family Residences. Charges may be based on the size of the Bin and
the frequency of service. Grantee may negotiate special pickup
procedures and fees with multi -family residences. Such fees shall be in
an amount approved by the City Manager.
(4) Industrial/Rolloff Container. Grantee shall charge the fee set forth in
Exhibit "E" for containerized services.
(5) Special Services. Grantee may also charge fees for performance of
Special Services (e.g., the hauling and disposing of Special Wastes as set
forth in Exhibit "B") as agreed upon in separate contracts between
Grantee and each customer requesting such special service.
Commencing on the second anniversary of this Franchise and all
subsequent years of it, including any extensions provided for by Section
9, Grantee may charge an additional fee for the collection of bulky goods
set out at the curb between scheduled collection events as set forth in
Section 5. All such fees and payments shall be subject to the approval
of the City Manager.
(6) Senior Citizen Discount. Upon request, the Grantee shall offer a
discount to each household in which the head of household is 60 years
of age or older. This discount is applicable to all services rendered and
shall be at a rate set forth in Exhibit "E".
(7) Redelivery Fees. Grantee may charge a redelivery fee for bins removed
from commercial and/or industrial subscribers due to nonpayment, and
may also require payment in advance for reinstatement of future
service. All such fees and payments shall be subject to the approval of
City.
B. Modification and Adiustment of Rates. Except as provided in Exhibit "E," the
rates set forth on Exhibit "E" shall remain in effect until adjusted by City, by
resolution of the City Council.
C. Notice of Rate Increases. The Grantee shall provide the City and customers,
at least sixty (60) days in advance of the beginning of a billing period, written
notice of the implementation of changes in any of its rates and charges which
are not subject to regulation by the City. The notice shall include a statement
of the reasons for the rate increase.
D. Resolution of Disputes Regarding Rate Adjustments._ Any dispute regarding
the annual "CPI" and Tipping Fee adjustment, or the computation thereof,
described in Exhibit "E," or any other dispute regarding Grantee's
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reimbursement for fee, special services or extraordinary costs described in
Exhibit "E," shall be decided by the City Manager, or referred by the Manager
to the City Council, or to a mediator as provided in Section 13 above. The
rates in effect at the time such dispute is submitted to the City Council, City
Manager or to a mediator shall remain in effect pending resolution of such
dispute. The effective date of any dispute resolution, whether retroactive or
prospective, shall reasonably be determined by the City Council, City Manager
or the a mediator pursuant to Section 13 above, as appropriate.
E. Billing and Payment.
(1) Grantee will bill all customers for all services, whether regular or
special. Grantee shall provide itemized bills, distinctly showing charges
for all classifications of services, including the charges for late payment.
The Grantee shall not designate that portion of a customer's bill
attributable to the franchise fee as a separate item on customers' bills.
Billings may be made monthly in advance for commercial and all bin
service customers, and may be made three (3) months in advance for all
residential customers.
(2) City may, at City's sole option, elect to bill Residential Subscribers for
refuse collection and recycling through a parcel charge. Should the City
institute a parcel charge, Grantee shall be paid on and
for the premises served. Retroactive adjustments shall be
made on the basis of addresses of premises added and the date added.
Premises ordered after the first of the month shall be charged on a
prorated 30 day/monthly basis.
F. Delinquent Accounts.
(1) City and Grantee mutually agree to improve the timeliness of customer
payments and to reduce the number of delinquent accounts through a
program of cooperative abatement. Grantee, at Grantees' sole expense,
shall notify customers who have not remitted required payments within
30 days after the date of billing that a lien may be assessed against
property if payment is not received. If payment is not received within
60 days after the date of billing, Grantee shall notify customer, on a
form approved ly City, that a lien has been placed on their property.
Upon payment of the delinquent fees, Grantee shall release all liens on
property and resume regular collection services.
(2) Grantee may discontinue service and remove bins from commercial
subscribers for nonpayment. Commercial subscribers that have not
remitted required payments with 30 days after the date of billing shall
be notified, on forms approved by the City, that services may be
discontinued 15 days from the date of notice. If payment is not received,
Grantee may discontinue services and remove all bins. Upon payment
of the delinquent fees, Grantee may charge a redelivery fee, as set forth
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in this section, and resume collection services on the next regularly
scheduled collection day.
G. Refunds. Grantee shall refund to each customer, on a pro rata basis, any
advance service payments made by such customer for service not provided
when service is discontinued by the customer.
SECTION 22. COLLECTION EQUIPMENT.
Grantee shall provide an adequate number of vehicles and equipment for the
collection, disposal and transportation services for which it is responsible under this
Franchise.
(1) All vehicles used by Grantee under this Franchise shall be
registered with the Department of Motor Vehicles of the State of
California, shall be of size, weight, nature and type to be minimally
intrusive on the community with respect to noise, emissions,
maneuverability, safety, fuel efficiency, and other factors necessary to
minimize the impacts of the Grantees' services. All vehicles must be
kept clean and in good repair, shall be uniformly painted, and shall be
no older than five (5) years old.
(2) All bins and containers provided shall be brand new and shall be
equipped with plastic lids. Refurbished bins are permissible providing
that they are in good repair, uniformly painted, and of a quality
acceptable to the City Manager or his designee.
(3) Grantee has agreed to name the specific organization that shall
provide all of the services under this Franchise as "DIAMOND BAR
ECOSYSTEMS". This name shall be used for all correspondence, billing
statements, directory listings, references, signs, vehicle identification,
etc. The words "Owned and Operated by Western Waste Industries" is
authorized.
(4) Solid waste collection vehicles shall be washed at least once every
seven (7) calendar days.
(5) "Diamond Bar Ecosystems", a local or toll free telephone number,
and vehicle number shall be visibly displayed on all vehicles in letters
and figures no less than five inches (5") high. All refuse collection
vehicles shall display the words "Serving the City of Diamond Bar" in
letters no less than eight inches (8") high. All vehicles shall display the
seal of the City of Diamond Bar, in a figure at least twelve inches (12")
in diameter.
(6) All vehicles, high visibility bins, rolloffs, earthquake/catastrophe
preparedness containers, and the residential container designated as the
refuse container shall display the following decal: "Reduce-Reuse-
Recvcle: It's Everyones' Responsibility." The decal on the
residential refuse container shall be located on the side of the container
25
that will face the street when placed at curbside. The small inscription
area on the top of all of residential containers shall be labeled as
follows: 'Property of The City of Diamond Bar."
SECTION 23, PUBLIC ACCESS TO GRANTEE.
A. Office Hours. Grantee's office hours shall be, at a minimum, from 8:00 a.m.
to 5:00 p.m. daily, on all collection days. A representative of Grantee shall be
available during office hours for communication with the public at Grantee's
principal office. Normal office hours telephone numbers will either be a local
or toll free call. Grantee shall also maintain a local or toll free after hours
telephone number for use during other than normal business hours. Grantee
shall have a representative or answering service available at said after-hours
telephone number during all hours other than normal office hours.
B. Service Complaints.
(1) All customer complaints shall be directed to Grantee. Grantee shall
record all complaints received by mail, by telephone or in person
(including date, name, address of complainant and nature of complaint).
Grantee agrees to use its best efforts to resolve all complaints by close
of business of the second business (waste collection) day following the
date on which such complaint is received. Service complaints may be
investigated by the City Manager or the Manager's designee. Unless a
settlement satisfactory to complainant, the Grantee and the Manager's
designee is reached, the complainant may refer the matter to the City
Manager for review.
(2) Grantee will maintain records listing the date of consumer complaints,
the customer, describing the nature of the complaint or request, and
when and what action was taken by the Grantee to resolve the
complaint. All such records shall be maintained for a period of three (3)
years, and shall be available for inspection by City. Grantee shall
prepare monthly summaries of consumer complaints. The summaries
shall be available and delivered monthly to the City Manager or the
City Manager's designated representative.
C. Government Liaison Person. The Grantee shall designate a "government
liaison person" who shall be responsible for working with the City Manager or
the City Manager's designated representative to resolve consumer complaints.
SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS.
A. The Grantee shall notify customers of this complaint arbitration procedure at
the time customers apply for service, and subsequently, annually.
B. A customer dissatisfied with Grantee's decision regarding a complaint may ask
the City review the complaint. To obtain this review, the customer must
request City review within 30 days of receipt of Grantee's response to the
26
Complaint, or within 45 days of submitting the complaint to the Grantee, if the
Grantee has failed to respond to the complaint. The City may extend the time
to request its review for good cause.
C. Before reviewing the complaint, the City Manager shall refer it to the Grantee.
If the Grantee fails to cure the complaint within ten (10) days, the City
Manager shall review the customer's complaint and determine if further action
is warranted. The City Manager may request written statements from the
Grantee and customer, and/or oral presentations.
D. The City Manager shall determine if the customer's complaint is justified, and
if so, what remedy, if any, shall be imposed. The remedy under this Section
shall be limited to a rebate of customer charges related to the period of breach
of any of the terms of this Franchise or a penalty of up to $100 for any single
event or series of related events, or any actual damages.
E. The City Manager may delegate his duties to a designee. The decision of the
City Manager or his designee shall be final on any matter under Five
Thousand Dollars ($5,000.00). In the event of a decision on a matter awarding
five thousand dollars or more ($5,000), Grantee may seek review pursuant to
Section 13, above.
SECTION 25. OWNERSHIP OF SOLID WASTE.
(a) Once refuse, compostables and recyclables are placed in containers or bins
for collection or at curbside, ownership shall transfer to Grantee. Subject to
Grantee's duty to meet the source reduction and recycling goals which apply
to City, Grantee is hereby granted the right to retain, recycle, compost, dispose
of and otherwise use such refuse, compostables and recyclables, or any part
thereof, in any lawful fashion or for any lawful purpose desired by Grantee.
Subject to the provisions of this Franchise, Grantee shall have the right to
retain any benefit and share with the City, at the City's option, up to one-half
of the profit resulting from its right to retain, recycle, compost, dispose of or
use the refuse or recyclables which it collects. At such time as the City and
Grantee share profits resulting from the recycling, composting, and disposal
of the refuse or recyclables which it collects within the Franchise Area, the
City and Grantee may negotiate a rate increase.
(b) Refuse, compostables, recyclables, street and construction debris, or any
part thereof, which is disposed of at a disposal site or sites (whether landfill,
transformation facility, transfer station or material recovery facility) shall
become the property of the owner or operator of the disposal site or sites once
deposited there by Grantee.
(d) City, at its sole discretion, shall retain the right to direct which solid waste
disposal facility, transformation facility, transfer station, or material recovery
facility shall be used by Grantee to retain, recycle, compost, process, and
dispose of solid waste and construction debris generated with the Franchise
27
Area. In this instance, Grantee shall conduct a rate audit and recommend, if
necessary, a rate adjustment.
(c) In the event of a disposal shortfall, due to a planned phase-out or closure
of an existing solid waste disposal facility, Grantee shall guarantee disposal
capacity, at a duly permitted disposal facility, for all solid wastes generated
within the City during the term of this Franchise Agreement.
(e) Solid waste exported to a permitted disposal facility outside the County of
Los Angeles must be approved in writing by the City. The tipping fee
adjustment shall be a pro -rata pass through of any tipping fee increase, and
shall be effective at the start of the first full billing period after the tipping fee
is adjusted. As of the effective date of this Franchise, the landfill tipping fee
charged in Riverside County is $31.50 per ton and in San Bernardino County
the landfill tipping fee is $36.65 per ton.
SECTION 26. INDEMNIFICATION AND INSURANCE
A. Indemnification of City. Grantee agrees that it shall protect, defend with
counsel approved by City, indemnify and hold harmless City, its elected
officials, officers, employees and agents from and against any and all losses,
liabilities, fines, penalties, claims, damages, liabilities or judgments, including
attorneys fees, arising out of or resulting in any way from Grantee's exercise
of the franchise, unless such claim is due to the sole negligence or willful acts
of the City, its officers, employees, agents or contractors, or from the City's
grant of this franchise to Grantee. Subject to the scope of this indemnification
and upon demand of the City, made by and through the City Attorney, the
Grantee shall appear in and defend the City and its officers, employees and
agents in any claims or actions, whether judicial, administrative or otherwise
arising out of the exercise of the Franchise.
B. Indemnification of Grantee. The City shall indemnify, defend and hold the
Grantee, its affiliates and their respective officers, directors, employees and
shareholders harmless from and against any and all liabilities, losses,
damages, claims, actions, causes of action, costs and expenses (including
reasonable attorneys' fees) arising from or in any manner related to the sole
negligence or willful acts of the City, its officers, employees, agents or
contractors.
C. Hazardous Substances Indemnification. Grantee shall indemnify, defend with
counsel approved by City, protect and hold harmless City, its elected officials,
officers, employees, agents, assigns and any successor or successors to City's
interest from and against all claims, actual damages (including but not limited
to special and consequential damages), natural resources damage, punitive
damages, injuries, costs, response remediation and removal costs, losses,
demands, debts, liens, liabilities, causes of action, suits, legal or administrative
proceedings, interest, fines, charges, penalties and expenses (including but not
limited to attorneys' and expert witness fees and costs incurred in connection
with defending against any of the foregoing or in enforcing this indemnity) of
M
any kind whatsoever paid, incurred or suffered by, or asserted against, City or
its officers, employees, agents or Grantees arising from or attributable to any
repair, cleanup or detoxification, or preparation and implementation of any
removal, remedial, response, closure or other plan (regardless of whether
undertaken due to governmental action) concerning any Hazardous Substance
or hazardous waste at any place where Grantee stores or disposes of municipal
solid waste pursuant to this Franchise. The foregoing indemnity is intended
to operation as an agreement pursuant to Section 107(e) of the Comprehensive
Environmental Response, compensation and Liability Act, "CERCLA", 42
U.S.C. Section 9607(e) and California Health and Safety Code Section 25364,
to insure, protect, hold harmless and indemnify City from liability.
D. AB 939 Indemnification. Grantee agrees to protect, defend (with counsel
approved by City) and indemnify City against all fines or penalties imposed by
the California Integrated Waste Management Board in the event the source
reduction and recycling goals or any other requirement of AB 939 are not met
by City with respect to the waste stream collected under this Franchise.
E. Workers' Compensation Insurance.
Grantee shall obtain and maintain in full force and effect throughout the entire
term of this Franchise full workers compensation insurance in accord with the
provisions and requirements of the Labor Code of the State of California.
Endorsements that implement the required coverage shall be filed and
maintained with the City Clerk throughout the term of this Franchise. The
policy providing coverage shall be amended to provide that the insurance shall
not be suspended, voided, canceled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail return receipt
requested has been given to City. The policy shall also be amended to waive
all rights of subrogation against the City, its elected or appointed officials,
employees, agents or Grantees for losses which arise from work performed by
the named insured for the City.
F. Public Liability Insurance.
Grantee shall obtain and maintain in full force and effect throughout the entire
term of this Franchise a Broad Form Comprehensive General Liability
(occurrence) policy wtth a minimum limit of TEN MILLION DOLLARS
($10,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per
occurrence for bodily injury and property damage, with any self-insured
retention not exceeding $200,000.00 per occurrence. Said insurance shall
protect Grantee and City from any claim for damages for bodily injury,
including accidental death, as well as from any claim for property damage
which may arise from operations performed pursuant to this Franchise,
whether such operations be by Grantee itself, or by its agents, employees
and/or subgrantees. Copies of the policies or endorsements evidencing the
above required insurance coverage shall be filed with the City Clerk. All of the
following endorsements are required to be made a part of the insurance
policies required by this Section:
IN E
(1) "The City, its elected officials, employees, agents, and officers, are
hereby added as insureds with respect to liability arising out of
activities performed by or on behalf of Grantee."
(2) "This policy shall be considered primary insurance as respects any other
valid and collectible insurance the City may possess including any
self-insured retention the City may have, and any other insurance the
City does possess shall be considered excess insurance and shall not
contribute with it."
(3) This insurance shall act for each insured, as though a separate policy
had been written for each. This, however, will not act to increase the
limit of liability of the insuring company."
(4) "Thirty (30) days prior written notice by certified mail, return receipt
requested, shall be given to the City in the event of suspension,
cancellation, reduction in coverage or in limits or non -renewal of this
policy for whatever reason. Such notice shall be sent to the City Clerk."
The limits of such insurance coverage, and companies, shall be subject to review and
approval by the City Manager every year and may be increased at that time and
match the coverage provided by the City's own liability insurance policy. The City
shall be included as a named insured on each of the policies, or policy endorsements.
G. Proof of Coverage. Contemporaneously with the execution of this Franchise,
the Grantee shall deposit copies of insurance policies or endorsements
evidencing the existence of policies of insurance required pursuant to this
Franchise.
H. Modification. The insurance requirements provided herein may be modified
or waived in writing by the City Council upon the request of Grantee, provided
the City Council determines such modification or waiver is in the best interests
of City considering all relevant factors, including the fact that the parent of
Grantee may be self-insured up to a certain acceptable amount.
SECTION 27. GRANTEE'S BOOKS AND RECORDS: AUDITS.
A. Grantee shall maintain all records relating to the services provided hereunder,
including, but not limited to, customer lists, billing records, maps, AB 939
compliance records, and customer complaints, for the full term of this
Franchise, and an additional period of not less than three (3) years, or any
longer period required by law. The City shall have the right, upon five (5)
business days advance notice, to inspect all maps, AB 939 compliance records,
customer complaints, and other like materials of the Grantee which reasonably
relate to Grantee's compliance with the provisions of the Franchise. Such
records shall be made available to City at Grantee's regular place of business,
but in no event outside the County of Los Angeles.
Rill
B. Should any examination or audit of Grantee's records reveal an underpayment
of any fee required under this Franchise, the amount of such underpayment
shall become due and payable to City not later than fifteen (15) days after
written notice of such underpayment is sent to Grantee by City. Should an
underpayment of more than three percent (3%) be discovered, Grantee shall
bear the entire cost of the audit.
SECTION 28. GENERAL PROVISIONS.
A. Force Maieure. Grantee shall not be in default under this Franchise in the
event that the collection, transportation and/or disposal services of Grantee are
temporarily interrupted or discontinued for any of the following reasons: riots,
wars, sabotage, civil disturbances, insurrections, explosion, natural disasters
such as floods, earthquakes, landslides and fires, strikes, lockouts and other
labor disturbances or other catastrophic events which are beyond the
reasonable control of Grantee. Other catastrophic events does not include the
financial inability of the Grantee to perform or failure of the Grantee to obtain
any necessary permits or licenses from other governmental agencies or the
right to use the facilities of any public utility where such failure is due solely
to the acts or omissions of the Grantee. In the event a labor disturbance
interrupts collection, transportation and/or disposal of refuse by Grantee as
required under this Franchise, City may elect to exercise its rights under
Section 15 of this Franchise.
B. Independent Contractor. Grantee is an independent contractor and not an
officer, agent, servant or employee'of City. Grantee is solely responsible for the
acts and omissions of its officers, agents, employees, Grantees and subgrantees,
if any. Nothing in this Franchise shall be construed as creating a partnership
or joint venture between City and Grantee. Neither Grantee nor its officers,
employees, agents or subgrantees shall obtain any rights to retirement or other
benefits which accrue to City employees.
C. Pavement Damage. Grantee shall be responsible for any distress, other than
normal wear and tear, to City's driving surfaces (i.e., transverse cracking,
alligator cracking, patching, rutting, etc.), whether or not paved, resulting from
the weight of vehicles providing refuse collection services at the location of bins
and containers on public property. The City Manager or his designee shall
review each incident of asphalt distress separately with Grantee to verify the
full extent of damage to City's driving surfaces. Upon verification of damages,
Grantee, at Grantee's sole expense, shall repair or replace, in a manner
acceptable to the City, all damaged surfaces.
D. Property Damage. Any physical damage caused by the negligent or willful acts
or omissions of employees, Grantees or subgrantees of the Grantee to private
or public property shall be repaired or replaced.
E. Right of Entry. Grantee shall have the right, until receipt of written notice
revoking permission to pass is delivered to Grantee, to enter or drive on any
31
private street, court, place, easement or other private property for the purpose
of collecting or transporting refuse pursuant to this Franchise.
F. Law to Govern: Venue. The law of the State of California shall govern this
Franchise. In the event of litigation between the parties, venue in state trial
courts shall lie exclusively in the County of Los Angeles. In the event of
litigation in a U.S. District Court, exclusive venue shall lie in the Central
District of California.
G. Fees and Gratuities. Grantee shall not, nor shall it permit any agent,
employee or subgrantee employed by it to, request, solicit, demand or accept,
either directly or indirectly, any compensation or gratuity for the collection of
refuse otherwise required to be collected under this Franchise.
H. Prior Agreements and Amendment. This Franchise is intended to carry out
City's obligations to comply with the provisions of the California Integrated
Waste Management Act of 1989, ("AB 939") as it from time to time may be
amended, and as implemented by regulations of the California Integrated
Waste Management Board ("Regulations"), as they from time to time may be
amended. In the event that AB 939 or other state or federal laws or
regulations enacted after this Franchise has been enacted, prevent or preclude
compliance with one or more provisions of this Franchise, such provisions of
the Franchise shall be modified or suspended as may be necessary to comply
with such state or federal laws or regulations. No other amendment of this
Franchise shall be valid unless in writing duly executed by the parties.
I. Compliance with Franchise. Grantee shall comply with those provisions of the
City Council which are applicable, and with any and all amendments to such
applicable provisions during the term of this Franchise.
J. Notices. All notices required or Permitted to be given under this Franchise
shall be in writing and shall be personally delivered or sent by telecopier or
United States certified mail, postage prepaid, return receipt requested,
addressed as follows:
To City: City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: Terrence L. Belanger, City Manager
Telecopier: (714) 861-3117
Copy to: Markman, Arczynski, Hanson, and King
Number One Civic Center Circle
P.O. Box 1059
Brea, California 92622-1059
Attention: Andrew V. Arczynski, City Attorney
Telecopier:
32
To Grantee: Western Waste Industries
13793 Redwood Avenue
Chino, California 91710
Attention: Albert Simonian, Vice President
Telecopier: (714) 628-5057
Copy to: Western Waste Industries
Corporate Offices
1125 West 190th Street, Suite 100
Gardena, California 90248-4336
Attention: Richard A. Haft, Jr., General Counsel
Telecopier: (310) 323-0766
or to such other address as either party may from time to time designate by
notice to the other given in accordance with this Section. Notice shall be
deemed effective on the date personally served or, if mailed, three (3) business
days from the date such notice is deposited in the United States mail.
K. Savings Clause and Entirety. If any non -material provision of this Franchise
shall for any reason be held to be invalid or unenforceable the invalidity or
unenforceability of such provision shall not affect the validity and
enforceability of any of the remaining provisions of this Franchise.
L. Exhibits Incorporated. Exhibits "A" through "F" are attached to and
incorporated in this Franchise by reference.
M. Identification Required.
(1) Grantee shall provide its employees, Grantees and subgrantees with
identification for all individuals who may make personal contact with
residents of the City.
(2) The Grantee shall provide a list of current employees, Grantees and
subgrantees to the City upon request. The City may require the
Grantee to notify customers yearly of the form of said identification.
N. Non -Discrimination.
(1) Grantee shall not discriminate against any employee or applicant for
employment because of age, race, religion, creed, color, sex, martial status,
sexual orientation, political ideology, ancestry, national origin, or the presence
of any mental or physical handicap, unless based upon a bona fide occupational
qualification. The Grantee shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their creed, color, sex, martial status, sexual orientation,
political ideology, ancestry, national origin, or the presence of any mental or
physical handicap. Such action shall include, but not be limited to the
following: employment upgrading; demotion or transfer; recruitment or
33
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and, selection for training.
(2) Grantee understands and agrees that if it violates this Non-discrimination
provision, this Franchise may be terminated by the City, as provided for in
Section 12, and further that the Grantee shall be barred from performing any
services for the City now or in the future, unless a showing is made
satisfactorily to the City that discriminatory practices have been terminated
and that a recurrence of such action is unlikely.
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WITNESS the execution of this Franchise on the day and year written above.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
35
ACKNOWLEDGMENT
STATE OF
ss.
COUNTY OF
On before me , personally
appeared personally known to me or
proved to be the person who executed the within instrument entitled AGREEMENT
BETWEEN THE CITY OF DIAMOND BAR AND
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND
DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIAL
as , on behalf of . a California
corporation, and acknowledged to me that such execution was pursuant to its bylaws
or a resolution of its board of directors.
DATE: CORPORATE SEAL
36
EXHIBIT A
FRANCHISE AREA
All portions of the City shown on the map attached as Exhibit A-1.
37
EXHIBIT B
SPECIAL WASTES
Flammable waste.
Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.).
Waste transported in a bulk tanker.
Liquid waste.
Sewage sludge.
Waste from a pollution control process.
Residue and debris from the cleanup of a spill or release of chemical substances,
commercial products or any other special wastes.
Contaminated soil, waste, residue, debris and articles from the cleanup of a site or
facility formerly used for the generation, storage, treatment, recycling, reclamation
or disposal of any other special wastes.
Dead animals.
Manure.
Waste water.
Explosive substances.
Radioactive materials.
Materials which have been exposed to highly infectious or contagious diseases.
Hazardous materials (Excluding Used Motor Oil).
Bulky Goods not collected during scheduled collection events.
EXHIBIT C
RECYCLING PROGRAM
A. Grantee agrees that it will cause at least twenty-five percent (25%) of the
waste stream collected under this Franchise to be diverted from ultimate.
deposit in landfills or transformation facilities by January 1, 1995, in
accordance with the regulations implementing the California Integrated Waste
Management Act of 1989 as amended (also known as "AB 939").
B. Not later than 90 days after the execution of this Franchise, Grantee will
institute a curbside recycling program for single-family residences. The
Grantee shall provide a 32 -gallon container or suitable alternative capable of
storing commingled recyclables to be made available for bi-weekly pickup at
the curb. This container shall be provided by Grantee at Grantee's expense.
Containers that are stolen and/or damaged will be reasonably replaced by
Grantee, at Grantees' sole expense, upon request of the customer. If a
repetitive pattern of loss or damage exists, the Grantee may, with the approval
of the City Manager, charge the customer for a replacement container. The
Grantee shall replace all containers damaged due to normal wear and tear
within one (1) week after notification.
C. Not later than 120 days after the execution of this Franchise, Grantee, at
Grantees' sole expense, shall provide technical assistance and on-site waste
audits to commercial subscribers and multi -family residences at rates set forth
in Exhibit "F." Upon determination of the types of waste categories that can
be reduced or recycled at a specific location, Grantee shall provide, at
minimum, a three (3) cubic yard bin or suitable alternative capable of storing
source separated recyclable materials to be made available for as needed
pickup of recyclable material. Bins shall be provided by Grantee at Grantee's
expense. Bins that are stolen and/or damaged will be reasonably replaced by
Grantee, at Grantees' sole expense, upon request of the customer. If a
repetitive pattern of loss or damage exists, the Grantee may, with the approval
of the City Manager, charge the customer for a replacement bin. The Grantee
shall replace all bins damaged due to normal wear and tear within one (1)
week after notification.
D. Grantee shall, to the extent economically feasible, provide construction and
demolition waste recycling services for some inert solids that can be recycled
for reuse in the construction industry. Such inerts may include but are not
limited to: rock, concrete, brick, sand, soil, asphalt, and wood.
E. Grantee guarantees to City that said twenty-five percent (25%) of the City's
waste stream shall be diverted annually by January 1, 1995, and if this
Franchise remains in effect until January 1, 2000, fifty percent (50%) shall be
diverted by January 1, 2000 as required by AB 939, as amended. If a shortfall
exists, the Grantee may implement contingencies measures as identified in the
City's SRRE. Grantee will be responsible to implement the public education
and awareness portion of the SRRE as set forth in Exhibit "F". The failure of
Grantee to achieve these goals shall be deemed a material breach of this
39
Franchise.
F. Grantee will provide City with written reports in a form adequate to meet
City's reporting requirements to the California Integrated Waste Management
Board, and to the County of Los Angeles throughout the term of this Franchise
wherein its performance under this program is set forth in detail.
G. The parties contemplate that the City may elect to require the use of
residential refuse barrels equipped for use in automated refuse and recyclable
collection systems, in conjunction with the use of a materials recovery facility,
to recover recyclables.
(1) At such time as a materials recovery facility (MRF) becomes available
to accept the solid waste from the Franchise Area covered by this
Franchise, City may at its sole option and upon three (3) months notice,
require Grantee to implement an automated collection system. City and
Grantee will negotiate a reasonable adjustment in rates. Grantee, at
Grantee's sole expense, will provide barrels equipped for use in the
automated collection system. If City elects to require Grantee to use a
fully automated collection system, Grantee shall provide each Single
Family Residence with containers equipped for automated collection. If
any customer requests an additional container or containers, Grantee
shall provide the additional container or containers and may charge an
additional monthly fee, in an amount approved by the City Council.
(2) City agrees that it will cooperate, participate and consult with Grantee
in an effort to develop a new solid waste Material Recovery Facility Site
in southwestern San Bernardino County which is mutually acceptable
to City and Grantee. In the event such a jointly selected site is located
during the term of this Franchise, Grantee agrees that it will expend all
funds reasonably necessary to acquire, design, develop, construct and
permit such a MRF, and that City shall not be required to expend any
funds whatsoever in regard thereto.
(3) In the event such a jointly selected MRF is duly permitted for operation
during the term of this Franchise, parties agree that they shall
renegotiate the Schedule of Rates as set forth in Exhibit "E".
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EXHIBIT D
YARDWASTE PROGRAM
A. Not later than 180 days after the execution of this Franchise, Grantee shall
institute a voluntary backyard yardwaste program by providing the first 100
single-family residential customers that register with a composting bin
appropriate for the controlled biologically decomposition of organic materials
(i.e., yardwastes). Grantee, at Grantee's sole expense, shall provide a bin that
is constructed from not less than 15% post -consumer recycled plastic and is of
a size, weight, nature and type to be minimally intrusive on the community
with respect to aesthetics, vector control, ease of use and other factors
necessary to minimize the impacts of this program. In addition, Grantee, at
Grantees' sole expense, shall provide all necessary technical assistance and
educational materials to advise participants on proper composting techniques
and answer any questions or problems relating to the program.
B. Grantee, at Grantees' sole expense, shall provide, to the City for demonstration
purposes, up to four (4) composting bins of a size, weight, nature and type to
be minimally intrusive on the community with respect to aesthetics, vector
control, and ease of use. These bins shall be delivered to public facilities (e.g.,
parks) designated by the City Manager within two (2) weeks after notification.
In addition, Grantee agrees to assist City in developing a public outreach
campaign by providing educational material, as well as an individual,
knowledgeable on composting/organic gardening or other related topics, to
lecture in up to two (2) composting demonstration events per year.
C. City may at its sole option and upon three (3) months notice, require Grantee
to implement a mandatory curbside yardwaste collection program for single
family residences. At such time as a yardwaste program becomes mandatory
within the Franchise Area covered by this Franchise, the City and Grantee will
negotiate reasonable rates for these services. Grantee, at Grantee's sole
expense, shall provide a 100 -gallon container or suitable alternative for use in
the curbside yardwaste collection program. If any customer requests an
additional container or containers, Grantee shall provide the additional
container or containers and may charge an additional monthly fee, in an
amount approved by the City Council.
(1) City agrees that it will cooperate, participate and consult with Grantee
to develop a curbside yardwaste collection program which is mutually
acceptable to City and Grantee. In the event such a program is
implemented during the term of this Franchise, Grantee agrees that it
will expend all funds reasonably necessary to design, develop, and
provide the equipment necessary for such a program, and that City shall
not be required to expend any funds whatsoever in regard thereto.
(2) Upon implementation of this program, Grantee guarantees to divert, in
a manner acceptable to the California Integrated Waste Management
Board, 50% of the total yardwastes from single family residences by the
first anniversary date of the program, and if this Franchise remains in
41
effect until January 1, 2000, eighty percent (80%) by January 1, 2000.
If a shortfall exists, the Grantee may implement contingencies measures
as identified in the City's SRRE. Grantee will be responsible to
implement the public education and awareness portion of the SRRE as
set forth in Exhibit 'Y'. The failure of Grantee to achieve these goals
shall be deemed a material breach of this Franchise.
D. Grantee will provide City with written reports in a form adequate to meet
City's reporting requirements to the California Integrated Waste Management
Board, and to the County of Los Angeles throughout the term of this Franchise
wherein its performance under this program is set forth in detail.
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EXHIBIT E
SCHEDULE OF RATES
Company Billing
1. Semi -Automated Residential Collection, Disposal and Recycling Services:
A. Single Family Residences:
one (1) 100 -gallon container
OPTION I one (1) 32 -gallon container - $9.74 per month.
one (1) 64 -gallon container
OPTION II one (1) 32 -gallon container - $8.90 per month.
B. Special Services per Single Family Residence:
o Senior Discount 15% off services rendered
2. Commercial/Multi-family Bin Rates (Selected Bins - Monthly Rate)*
2 Cubic Yard 1 x week $42.00
3 Cubic Yard 1 x week $53.00
2 x week
$93.00
3 x week
$133.00
4 x week
$172.00
5 x week
$212.00
6 x week
$256.00
6 Cubic Yard 1 x week
$90.00
2 x week
$158.00
3 x week
$226.00
4 x week
$294.00
5 x week
$362.00
6 x week
$438.00
*Note: Charges for other bins
or services must be approved in advance
by the City Manager.
3A. Commercial/Multi-family Recycling (one 3 cubic yard bin - Monthly Rate)
1 x week $44.00
2 x week $75.00
43
3B. Industrial/Rolloff Container Recycling 40, 10 cubic yard
(Designated Items - Per Dropoff)
$130.00
4. 40 cubic yard Rolloff Container
$226.00
5. 10 cubic yard Rolloff/Lowboy Box
$258.00
6. Temporary Service (3 cubic yard/1 pickup)
$65.00
7. Redelivery and Reinstatement Charge
$50.00
Annual Consumer Price Index ("CPI") and Tipping Fee Adjustment.
All rates in paragraphs E 1-7, above, shall be automatically adjusted to reflect
changes in the consumer price index and tipping fees (Where Applicable). The
CPI adjustment shall be made annually and such adjustment shall be effective
as of the first day of July of each calendar year. The "CPI" adjustment shall
be equal to the amount derived by multiplying (a) the previous rate by (b) the
percentage increase or decrease in the Consumer Price Index for all urban
consumers within the Los Angeles -Anaheim -Riverside Metropolitan Area
during the prior calendar year, excluding the housing component. The
comparison shall be made for each March 1st during the term hereof and shall
be effective each July 1st. The first CPI adjustment shall occur July 1, 1993.
The tipping fee adjustment shall be a pro -rata pass through of any tipping fee
increase, and shall be effective at the start of the first full billing period after
the tipping fee is adjusted. As of the effective date of this Franchise, the
landfill tipping fee charged at the County Sanitation Districts of Los Angeles
County is $15.94 per ton.
Pursuant to Section 25 above, the tipping fee adjustment for solid wastes
exported to a permitted disposal facility outside of the County of Los Angeles
shall be a pro -rata pass through .of any tipping fee increase, and shall be
effective at the start of the first full billing period after the tipping fee is
adjusted. As of the effective date of this Franchise, the landfill tipping fee
charged in Riverside County is $31.50 per ton and in San Bernardino County
the landfill tipping fee is $36.65 per ton.
44
The formulas for the annual CPI -U and Landfill Tipping Fee Adjustments are
as follows:
(1) CPI FORMULA:
(a) RESIDENTIAL
Exhibit "E," paragraph 1: (Rate x SA%) x CPI -U
Where "S" is equal to the actual percentage share of service
related cost. SA=66%
Example: ($9.74 x 66%) x 3.6% = $0.23 Rate Increase
(b) COMMERCIAL
Exhibit "E," paragraphs 2,3,6,7: (Rate x SBO/o) x CPI -U
Where "S" is equal to the actual percentage share of service
related cost. SB=80%
Example: ($53.00 x 80%) x 3.6% = $1.52 Rate Increase
(c) INDUSTRIAL/ROLLOFF
Exhibit "E," paragraphs 4-5 (Rate x Sc%) x CPI -U
Where "S" is equal to the actual percentage share of service
related cost. Sc=56%
Example: ($226.00 x 56%) x 3.6% = $4.57 Rate Increase
(2) LANDFILL TIPPING FEE FORMULA:
(a) RESIDENTIAL RATES
$.21 per $1.00/ton landfill increase times current published
recycling diversion rate (less greenwaste)
Example: $2.50 landfill increase with 25% diversion rate
rb $.21 x $2.50 = $0.525 x 25% =$0.13
$0.525 - $0.13 = $0.395 disposal rate increase
(b) COMMERCIAL AND MULTI -FAMILY RESIDENTIAL RATES
$0.71 per $1.00/ton landfill increase times frequency of service
and current published nonresidential recycling diversion rate less
greenwaste, concrete, and asphalt.
Example: $2.50 landfill increase (one time per week collection)
with 25% diversion rate
$.71 x $2.50 x (1) = $1.77 x 25% =$0.44
46
$1.77 - $0.44 =$1.33 disposal rate increase
(c) INDUSTRIAL/ROLLOFF CONTAINER RATES
40 Cubic Yard Container
$6.00 per $1.00/ton landfill increase less uncontaminated loads of
greenwaste, concrete, and asphalt.
Example: $2.50 landfill increase
$6.00 x $2.50 = -$15.00 disposal rate increase
10 Cubic Yard Container
$8.00 per $1.00/ton landfill increase less uncontaminated loads of
greenwaste, concrete, and asphalt.
Example: $2.50 landfill increase
$8.00 x $2.50 = $20.00 disposal rate increase
Extraordinary Costs.
In addition to, and not in lieu of, the annual CPI increase or decrease
described above, Grantee shall also be entitled to rate increases or decreases
in an amount equal to Grantee's extraordinary increases or decreases in its
cost of operations. Such extraordinary cost increases or decreases shall be
subject to City Council approval. Such extraordinary increases or decreases
in its cost of operations shall include, by way of example and not by way of
limitation: (1) a change in the location of the landfill or other lawful disposal
sites to which the Grantee is required to transport Solid Waste collected
hereunder; (2) increase or decreases in other permit fees payable by Grantee
based on its operations hereunder; (3) changes in the local, state or federal
laws governing collection, separation, transportation or disposal of Solid
Waste, Recyclables, and Compostables; and (4) fluctuations in market price for
recycled commodities.
46
EXHIBIT F
PUBLIC INFORMATION AND EDUCATION
A. Public Education and Information Generally
The mission of the public education and information program shall be to
create widespread awareness of diversion activities taking place in the
community, as well as motivate participation in all of the City's recycling and
composting programs.
B. Public Education and Information Program
(1) Not later than 90 days after the execution of this Franchise, Grantee, at
Grantees' sole expense, shall prepare and implement a multilingual public
education and information program consistent with the City's Source
Reduction and Recycling Element (SRRE). The program shall be prepared in
coordination with the City and well in advance of the introduction any service
sanctioned by the City. This program shall, at a minimum: familiarize
residents, property managers, business owners/managers, and designated
institutional repre-sentatives with essential waste reduction and recycling
concepts; explain the benefits of recycling and composting (if applicable);
explain the purpose and the manner of the City sanctioned recycling and
composting programs; emphasize the materials to be collected; show the
convenience of the whole range of activities in the City (both existing and
proposed); and how to obtain further information. The City may supplement
the program with newsletters and other means of communicating with the
public. The content of all written materials is subject to the review and
approval of the City Manager.
(2) The public education and information program shall be consistently
presented throughout the service area and shall be at the cost of the Grantee.
Publicity must emphasize all materials to be collected. In addition, the
Grantee shall provide assistance to the City Manager or a designee in City
wide publicity; attending interviews scheduled with the media and attending
meetings with representatives of the solid waste and secondary materials
management industries, in order to explain the program.
(3) The Grantee, at Grantees' sole expense, shall develop, in conjunction with
area school authorities, curricula that can be used to educate students about
source reduction, recycling, composting, and special waste.
(4) All vehicles, high visibility bins, rolloffs, earthquake/catastrophe
preparedness containers, residential containers, published material (including
project letterhead), and advertising shall use the following logo:.
'Reduce-Reuse-Recycle: It's Evervones' ResuonsibiUty." This logo shall
be used in all activities so as to identify the City as sponsor, integrate and
unify program activities, attract attention, and send a positive consistent
message to the public to encourage participation.
47
C. Technical Information Sheet
The Grantee shall prepare a technical information sheet which explains the
ope-ration of the their services, the delivery schedule for bins and containers
(where necessary), material preparation, the garb age/recycling/composting rate
structure (if applicable), and the anticipated affect that will have on the waste
generation habits and waste stream volumes of the City. This sheet, along
with an official City of Diamond Bar letter, shall be delivered by the Grantee
one (1) week prior to the start of collection.
D. City Letter
The City Manager shall prepare an official City letter which will briefly
explain the program background, the program implementation schedule; and
the responsibility of the participants. This letter shall be printed, at no
expense to the City, by the Grantee and should be distributed in conjunction
with the technical information sheet.
E. Waste Evaluations
Not later than 120 days after the execution of this Franchise, Grantee, at
Grantees' sole expense, shall, upon request, provide technical assistance to
commercial subscribers. Such assistance may include but is not limited to:
educational materials, workshops which promote source reduction practices
at commercial sites, and on-site waste audits which identify types of waste
categories that can be reduced or recycled at a specific location.
F. Ongoing Information and Education Efforts
The on-going public information and education program shall be designed to
increase public participation in waste reduction and recycling throughout the
length of the Franchise. Activities shall be designed to maintain and
maximize citizen participation in the City's programs. The Grantee shall keep
the public
informed of the program and encourage participation through at least two (2)
promotional mailings or other suitable publicity, as approved by the City
Manager, annually.
G. Evaluation 10
The Grantee shall, at a minimum, coordinate with the City in developing a
evaluation methodology for determining the effectiveness of the public
information and education campaign. This methodology shall track, at a
minimum: the degree to which residential and commercial customers measur-
ably increase their awareness of waste reduction and recycling, fluctuation in
recycling volumes and participation rate corresponding to the Grantees' pro-
motional campaign; overall increases in participation and recycling volumes;
and, a discussion of the program's highlights including types of problems and
the measures taken to resolve the problems and increase efficiency.
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CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. ,.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 3, 1992 REPORT DATE: October 28, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Development of a "Right Turn Only" lane on Diamond Bar Boulevard and relocation of a stop bar
on Fountain Springs Road
SUMMARY: The Traffic and Transportation Commission has been discussing the visibility restriction
motorists may be experiencing when attempting to exit out of Fountain Springs Road on to Diamond Bar
Boulevard. In addition to red curbing the north side of Fountain Springs Road, the Commission recommends
the installation of "Right Turn Only" lane on southbound Diamond Bar Boulevard at Fountain Springs Road.
In association with the above, it is also recommended that the current stop bar on Fountain Springs Road be
relocated 5 feet.
RECOMMENDATION: The Traffic and Transportation Commission recommends the City Council review
the attached plan and approve Resolution No. 92 -XX approving the installation of a "Right Turn Only" lane
on Diamond Bar Boulevard at Fountain Springs Road and relocation of the stop bar on Fountain Springs Road.
LIST OF ATTACHMENTS:X Staff Report
X- Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X_ Other:Pronosed Signing and Striding Plan
1. Has the resolution, ordinance or agreement been reviewed Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? Yes X No
4. Has the report been reviewed by a Commission? X_ Yes _ No
Which Commission? Traffic and Transportation Commission
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments: N/A
Terrence L. E
City Manager
CI'T'Y COUNCIL REPORT
MEETING DATE: November 3, 1992 AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Development of a "Right Turn Only" lane on Diamond Bar Boulevard
and relocation of a stop bar on Fountain Springs Road
ISSUE STATEMENT
Develop a "Right Turn Only" lane on southbound Diamond Bar Boulevard at
Fountain Springs Road and relocate the current stop bar on Fountain Springs
Road 5 feet.
RECOMMENDATION
The Traffic and Transportation Commission recommends the City Council review
the attached plan and approve Resolution No. 92 -XX approving the installation
of a Right Turn Only" lane on southbound Diamond Bar Boulevard at Fountain
Springs Road and relocation of the stop bar on Fountain Springs Road 5 feet.
FINANCIAL SUMMARY
The costs associated with signing and striping is estimated to be $1,500.00
and will be funded by signing and striping maintenance account.
BACKGROUND
To improve visibility restriction for motorists attempting to exit out of
Fountain Springs Road on to Diamond Bar Boulevard, the Traffic and
Transportation Commission has been discussing and reviewing various
mitigation measures.
DISCUSSION
Pursuant to the Commission's recommendations, the City Council on September
1, 1992 approved Resolution No. 92-51 to red curb the north side of Fountain
Springs Road for approximately 50 feet and install a "One Way" sign in the
median island on Diamond Bar Boulevard to inform motorists of the southbound
direction of vehicle movement.
In addition to the above, the Commission recommends the modification of the
intersection of Diamond Bar Boulevard and Fountain Springs Road to include a
"Right Turn Only" lane and relocate the existing stop bar in order to
eliminate possible visibility restriction.
PREPARED BY:
David G. Liu
Tseday Aberra
RESOLUTION NO. 92 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING "RIGHT -TURN ONLY" LANE ON DIAMOND BAR
BOULEVARD AND RELOCATION OF A STOP BAR ON FOUNTAIN
SPRINGS ROAD
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 8, 1992.
(ii) At the meeting of October 8, 1992, the Traffic
and Transportation Commission determined that the signing and
striping of a "Right -Turn Only" lane on Diamond Bar Boulevard and
relocation of a stop bar on Fountain Springs Road in this
resolution are appropriate.
(iii) The Traffic and Transportation Commission
recommends the signing and striping of the "Right -Turn Only" lane
on Diamond Bar Boulevard and relocation of a stop bar on Fountain
Springs Road.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides for the signing and striping of "Right -Turn Only" lane on
Diamond Bar Boulevard and relocation of a stop bar on Fountain
Springs Road upon approval of the City Council.
The City Council hereby finds that the public health, safety, and
welfare will be best protected by establishing a "Right -Turn Only"
lane on Diamond Bar Boulevard and relocation of a stop bar on
Fountain Springs Road.
2. This resolution shall not become effective until the
"Right -Turn Only" lane and the relocation of the stop bar have been
installed as required in Section 1 of this resolution.
3. The City Council of the City of Diamond Bar hereby
authorize and direct the Mayor to cause signing and striping to be
installed.
PASSED, APPROVED and APPROVED this day of , 1992
MAYOR
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 day of
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
, 1992 by the
ATTEST:
City Clerk, City of Diamond Bar
:y,