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HomeMy WebLinkAbout11/17/1992CITY COUNCIL AGENDA Mayor — Jay C. lGm 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 CaastAir Quality Management District Auditodum 21665 East Copley Drive MEETING DATE: November 17, 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. 92-61 Next Ordinance No. 7(1992) 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 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: 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Parks & Recreation Commission - November 19, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.2 Planning Commission - November 23, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 THANKSGIVING HOLIDAY - NOVEMBER 26 - 27, 1992 - City Offices will be closed. 5.1.4 City Council Meeting - December 1, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES - Regular Meeting of November 3, 1992. 5.3 WARRANT REGISTER - Approve Warrant Register dated November 3, 1992 in the amount of $664,850.18. 5.4 NOTICE OF COMPLETION - CARLTON J. PETERSON PARK CONCESSION STAND ADDITION - On May 19, 1992, Council awarded a contract to Creative Homes, the lowest responsible bidder, for the Concession Stand Addition at Peterson Park. The construction has been completed and is ready to be accepted by Council. NOVEMBER 17, 1992 PAGE 2 Recommended Action: Accept work performed by Creative Homes and authorize the City Clerk to file the Notice of Completion. 5.5 RESOLUTION NO. 90-45F: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS - The City Manager has recommended changes in wages, hours and working conditions for City employees which are as set forth as Personnel Rules and Regulations in Resolution Nos. 90-45 and 90-45A through 90-45E. Recommended Action: It is recommended that the City Council adopt Resolution No. 90-45F setting forth Personnel Rules and Regulations. 5.6 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AND ENDORSING THE CANDIDACY OF PHYLLIS E. PAPEN FOR APPOINTMENT TO THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY - The Metropolitan Transportation Authority was created to replace the Los Angeles County Transportation Commission and the Southern California Rapid Transit District abolished by AB152. The Board of Directors of the Metropolitan Transportation Authority will be comprised of four members to be selected by the Los Angeles County City Selection Committee --one of which will be a councilmember representing the San Gabriel Valley sector. Recommended Action: It is recommended that the City Council adopt Resolution No. 92 -XX supporting and endorsing Mayor Pro Tem Phyllis E. Papen for appointment to the Los Angeles County Metropolitan Transportation Authority. 5.7 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE EXPANSION OF PUENTE HILLS LANDFILL AND THE DEVELOPMENT OF A MATERIALS RECOVERY AND RAIL LOADING FACILITY - The Local Use Permit for the 22 -year old Puente Hills Landfill will expire on November 1, 1993. If the permit is not renewed, the landfill will be forced to cease operations on November 2, 1993. The closure of Puente Hills will force current landfill users, including the City of Diamond Bar, to transport their wastes to other landfill facilities at a potentially higher cost. This will place an additional burden on the remaining landfills and could result in the premature closure of them as well. Moreover, the closure of Puente Hills could cost residents and businesses in Los Angeles County as much as $100,000,000 per year in high transportation and landfill costs. If the expansion of the Puente Hills Landfill is approved, the landfill will be expanded by 130 acres, enlarging the area from 530 to 660 acres. This will result in a continued disposal capacity of 12,000 tons per day (on a 6 -day per NOVEMBER 17, 1992 PAGE 3 week average) and will increase the operational life span of the landfill by approximately 20 years. Recommended Action: It is recommended that the City Council adopt Resolution No. 92 -XX in support of the Puente Hills Waste Management Facility and direct that certified copies of said Resolution be forwarded to the County Board of Supervisors and the County Sanitation Districts. 5.8 CONSIDERATION OF PARTICIPATION IN THE SAN GABRIEL VALLEY ECONOMIC ADVANCEMENT PROJECT - The City Council has made one of their highest priorities the formulation of an Economic Development Strategic Plan. One of the foundational basis of the formation of such a Plan is the compilation of economic data defining the community's and industry's profile. This type of basic economic data development identifies existing businesses by their Standard Industrial Class (SIC) by category and number. The City has the opportunity to participate in the East San Gabriel Valley Economic Advancement Project being coordinated by the Mount San Antonio College District. The data collection and analysis program will involve several cities and private sector organizations within the East San Gabriel Valley area. The cost of participating in the survey is $15,000 and funds are available in the 1992-93 Municipal Budget. Recommended Action: It is recommended that the City Council approve participation in the East San Gabriel Valley Economic Advancement Project and approve expenditure of $15,000 to participate in the project, Standard Industrial Class (SIC). 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 CERTIFICATE OF RECOGNITION - Present to Sandy Hughes for saving the life of Richard Kepler on November 1, 1992. 7. OLD BUSINESS: 7.1 MID -YEAR BUDGET AMENDMENT FOR FISCAL YEAR 1992 -93 - Estimated Revenue and Appropriations modifications to reflect changes in the State budget and further refinement in the amounts budgeted. Recommended Action: Approve mid -year budget amendment for Fiscal Year 1992-93 as presented. 7.2 MUNICIPAL SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING CONTRACT - Continued from November 3, 1992. Staff presented an exclusive franchise agreement with Western Waste Industries on November 3rd for provision of solid waste collection, disposal and recycling services. The matter of solid waste and collection has been evaluated NOVEMBER 17, 1992 PAGE 4 by staff and the Council Subcommittee for Solid Waste. As a result of discussions with the members of the Chamber of Commerce, representatives of the proposed exclusive franchisee, and others, the Subcommittee has recommended the matter of solid waste and collection for the City be agendized for Council's consideration. 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 - The City Council should: (1) terminate the current selection process; and (2) issue non-exclusive contracts to any qualified solid waste contractor meeting the requirements and standards set forth by the City. -OR- Option II - (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. -OR- Option III 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. 8. NEW BUSINESS: 8.1 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF PASADENA, FOR UNENCUMBERED FUNDS - The City has $500,000 in uncommitted Proposition A Local Return Funds from FY 1991-92. The City of Pasadena has offered $0.60 on the dollar in exchange for the City's uncommitted Prop A funds. This exchange does not NOVEMBER 17, 1992 PAGE 5 severely impact City transportation needs and is mutually beneficial to both cities. Recommended Action: Adopt Resolution No.. 92 -XX authorizing the City Manager to execute the necessary documents in order to effectuate an exchange of Proposition A Local Return Funds with the City of Pasadena. 8.2 FEASIBILITY OF CONSTRUCTING A 3' HIGH BLOCK WALL WITH A 3' HIGH WROUGHT IRON FENCE ALONG GRAND AVE. AT GOLD NUGGET AVE. - To address Gold Nugget Ave. residents' concern regarding noise, traffic accidents, speeding vehicles and debris, several options have been reviewed and discussed by the Traffic & Transportation Commission. Of those options, slope landscaping and construction of a 3' high block wall with a 3' high wrought iron fence are deemed appropriate. The Commission and staff feel that with their willingness to participate in funding the improvements, most of the concerns can be mitigated. Recommended Action: It is recommended that the City Council consider approval of limiting construction to 200 lineal feet of block wall with wrought iron fence and suggest that residents increase their respective slope area landscaping along Grand Ave. 8.3 CITY COUNCIL VACANCY - City Council, pursuant to the Government Code, needs to establish a procedure for filling the unexpired term of M/Kim (Congressman -elect). When a Council seat becomes vacant, the Council may appoint a replacement to the seat within 30 days of the vacancy. If the Council fails to appoint a replacement to the vacancy within 90 days, then an election shall be called no sooner or later than 90 days after the failure to appoint. In the alternative, upon a seat becoming vacant, the Council may call a special election to fill the vacancy. Said election cannot be sooner than 90 days or later than 120 days from the date the seat is declared vacant. Recommended Action: Direct staff as necessary. 9. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters can be heard. 9.1 VESTING TENTATIVE TRACT MAP NO. 47850 AND CERTIFICATION OF DRAFT MASTER ENVIRONMENTAL IMPACT REPORT NO. 91-2 - The applicants submitted a request to approve a 53 -unit subdivision upon 73 acres located adjacent to "The Country" and within SEA No. 15. The application has been reviewed at several Public Hearings. On April 21, 1992, the applicant was directed to provide additional geology and soils data for review. NOVEMBER 17, 1992 PAGE 6 Recommended Action: It is recommended that the City Council direct staff to prepare a Resolution to deny the project without prejudice. 9.2 ORDINANCE NO. 5A (1992) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING INTERIM ZONING ORDINANCE NO. 5 (1992) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF - Ordinance No. 5 (1992) is an interim ordinance adopted on October 6, 1992 and enacted to bring the Agricultural Zone land uses into conformance with the General Plan classification. Ordinance No. 5 is scheduled to expire on November 20, 1992 unless extended by Council. Recommended Action: Approve extension of the Interim Agricultural Zone Ordinance and adopt Ordinance No. 5A (1992). 9.3 ZONING CODE AMENDMENT NO. 92-2: CONSIDERATION OF A HILLSIDE MANAGEMENT ORDINANCE (HMO) TO ESTABLISH PERMANENT STANDARDS FOR HILLSIDE DEVELOPMENT - Continued from November 3, 1992. Recommended Action: Open the Public Hearing, receive public testimony and continue to December 1, 1992. 10. ANNOUNCEMENTS: 11. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK `T o -,m ._l4 DATE:�-- PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. O--- Gly_ Signature TiL:1, VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: CITY CLERK FROM: %"� �C G✓C-mfr DATE: 11 / ,17 �' 2 ADDRESS: 2�2 /J e,*, A -r PHONE: ORGANIZATION: AGENDA #/SUBJECT: c CC-1,+�� r r I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK f�' FROM: DATE: ADDRESS: PHONE: ORGANIZATION: -D6 V�1,,.l�l , AGENDA #/SUBJECT: L Yt ►2 � yx�t--�. t)` -;L I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: CITY CLERK FROM: -J-41h L,), I %r,, - r fA DATE: %-2,2 ADDRESS: ,� (i .�? _ c l %�T ,U f PHONE: 77 " ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature l TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: a 131 $ 10# -/IPLl Fl /t'Uj 9�+0.��,6gic PHONE:C A71-7 rH,- ff f S' ln*n AX T/ Vf' Cre a k if I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 401 op TC FR DM: AD DRESS: OFSA.NIZATION: AG VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CICLERK � DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my narne and address as written above. TC VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL FR M: AD TRESS: OF 3ANIZATION: ,AG -NDA #/SUBJECT: CITY CLERK DATE: Z -7e) gzhl&',/�" )Oad1 Z PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sign ture VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: NMV,,(qkk-J 5 C/ I ,TY CLERK n W A 1 e N L` '� DATE: I I n �q 2-- 3-1 �!> N,. Qi`� x[15 PHONE: Nel—ONS, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. I� 1 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: � C', (USS DATE.- ADDRESS: ATE:ADDRESS: 2 b3� I��1 PHONE: ORGANIZATION: AGENDA #/SUBJECT: ) �� expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS TI --IE OITV COUNCIL TO: CITY CLERK FROM: M a )e r �w��� DATE: ADDRESS: 52 ru PHONE: ORGANIZATION: AGENDA #/SUBJECT: 0 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK /L'Z/,ez� DATE: /&17 L ls�5, &,eA11,A14 6yyi✓• 1e0A0 PHONE: e41 -71'f5 7• z I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: DATE: PHONE: J I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: F . ( -t,i-'L-) (�-' DATE: ADDRESS: ?� 66'� PHONE: -7 ORGANIZATION: AGENDA #/SUBJECT: � I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK Lc"&o �� DATE: 7 AJz,,*,-kt PHONE: Sg —c17 L r I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signture l� TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK Lc"&o �� DATE: 7 AJz,,*,-kt PHONE: Sg —c17 L r I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signture U TO: FROM: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK L DATE: 7-J SM 6 z PHONE: ADDRESS: O/ ORGANIZATION: AGENDA #!SUBJECT eot to I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect a170' a, name and address as written above. Signature have th e Co4nci/ M`n`'tes s�9nat're re��t mY I r �1 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FRCM:�� DATE: ADDRESS: PHONE: ORGANIZATION: c' � AGENDA #/SUBJECT:�S I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. hy�Co� ? "act a9e�aa r ' ture •,,n4�es re#ect my Si9nat4re leas@ eC o4�c,/ �. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: (�'� `� 1 cwy�ir+ ; tI�C,U DATE: ADDRESS: l0 I �{ CIO, PHONE: S%S - & i y'S ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. .ivy. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: "4 1 H-U� ADDRESS:`21i4 i2l, I � ACtkVA, b Y" ORGANIZATION: AGENDA #/SUBJECT: DATE: i l -1 :1 — 9 'z— PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: Avg PHONE: PHONE: ORGANIZATION: AGENDA #/SUBJECT: ez�- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and ad ss a wri bore. Signature TO FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK J ) _ C� Y!1 ORGANIZATION: i q - C. C C;\ r'\ C 0 AGENDA #/SUBJECT� DATE: 1 I ^ I '� PHONE: W I �0H I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: A A Y 1AA � C�r`L� DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: S'11rc I 1, �C7'�-mac �/ir; -7 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: J C �1 �� DATE: ADDRESS: PHONE: fb ORGANIZATION: AGENDA #/SUBJECT:�, � , Y,o-- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 4� Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: �-.( r c� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 1-4-1 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 1. ADDRESS: ` PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature z 0, ) VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 14 A ,y IL -,4 u w%r_L DATE: G� ADDRESS:I2Z,,1/117 t �``� 1'`% PHONE: ORGANIZATION: AGENDA #/SUBJECT: �• /'yam AS I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature MINUTES OF THE CITY COUNCIL DRAFT ADJOURNED REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 3, 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. 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, Miller and Werner. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; and Lynda Burgess, City Clerk. 3. PUBLIC COMMENTS: William Gross, 21637 High Bluff Rd., requested clarification from the City Attorney as to whether or not the JCC project would in any way be hampered by the effects of the Referendum. He asked whether the City spent any money, on behalf of Judge Mills, to help the $100 million project further along. CA/Arczynski stated that the City had not spent any money in preparing a legal brief for Judge Mills or the company that owns the property. He indicated that, as announced at the last meeting, it was staff's opinion that neither the Referendum nor the General Plan process would not stop a vesting map application. There has been no definitive ruling on whether permits could be issued. 4. COUNCIL COMMENTS: C/Werner commended CM/Belanger for arranging with Southern California Edison to volunteer the use of their electric shuttle to provide transportation for voters to polling places during this election. MPT/Papen noted that the JPA agreement between the City and Brea for provision of recreation services was discussion in an article in a recent issue of Western Cities magazine as an example to other cities. She congratulated the City's Parks & Recreation Department. 5. CONSENT CALENDAR: CM/Belanger asked that "Broken Arrow Drive" be added to the Resolution for consideration as Item 5.11 regarding one-hour parking signage. C/Werner requested that the Minutes reflect his abstention from voting for approval of the Minutes of October 6, 1992 because he was absent during that meeting. It was moved by C/Miller, seconded by C/Werner, to approve the Consent Calendar as amended. With the following Roll Call NOVEMBER 3, 1992 PAGE 2 vote, motion carried unanimously. AYES: COUNCILMEN: Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 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 - Approved as submitted. 5.2.2 Meeting of October 20, 1992 - Approved as submitted. 5.3 WARRANT REGISTER - approved Warrant Register dated November 3, 1992 in the amount of $417,419.85. 5.4 TREASURER'S REPORT - Received & filed Treasurer's Report for the Month of September, 1992. 5.5 PLANNING COMMISSION MINUTES - 5.5.1 MEETING OF AUGUST 10, 1992 - Received and filed. 5.5.2 MEETING OF SEPTEMBER 28, 1992 - Received and filed. 5.6 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of September 10, 1992 - Received and filed. 5.7 PARKS & RECREATION COMMISSION MINUTES - Minutes of September 24, 1992 - Received and filed. 5.8 BOND EXONERATION - $4,000 GRADING SECURITY BOND FOR 23107 E. RIDGELINE RD. - Approved release of grading security bond retained for landscaping as requested by Mr. Hamendra Rana, owner of a single family residence at 23107 Ridgeline Rd. 5.9 AGREEMENT WITH LANTERMAN DEVELOPMENTAL CENTER FOR WEED/ LITTER ABATEMENT - Approved agreement for weed/litter abatement services with Lanterman Development Center in the amount of $16,483 and authorized the City Manager to sign the agreement. NOVEMBER 3, 1992 PAGE 3 5.10 PARATRANSIT SERVICES FOR FISCAL YEAR 1992-93 - Approved the Paratransit Services Agreement and directed the City Clerk to forward the Agreements to L.A. County Department of Public Works for further processing. 5.11 ADOPTED RESOLUTION NO. 92-57: 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, BROKEN ARROW DRIVE AND CAZADERO PLACE. 5.12 ADOPTED RESOLUTION NO. 92-58: 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. 5.13 RESOLUTION NO. 92-59: 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. 5.14 RESOLUTION NO. 92-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A "RIGHT -TURN" LANE AND PAINTED/STRIPED ISLAND ON PROSPECTORS ROAD AT FALL CREEK CONDOMINIUMS. 5.15 AGRICULTURAL ZONING DESIGNATION - REPORT ON ACTION TAKEN FOLLOWING ADOPTION OF ORDINANCE NO. 5(1992) - Received and filed. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAIMED NOVEMBER 19, 1992 AS "GREAT AMERICAN SMOKEOUT" DAY - Leona Wu, representing L.A. County Health Services, received the proclamation and thanked the City Council for their endorsement of the event. 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 - CDD/DeStefano stated that staff had amended the Commercial Manufacturing Zone Ordinance as a result of modifications directed by the Council at the last meeting. It was moved by C/Miller and seconded by C/Forbing to adopt Ordinance No. 6 (1992). Motion carried unanimously by the following Roll Call vote: NOVEMBER 3, 1992 PAGE 4 AYES: COUNCILMEN: Forbing, Miller, Werner, MPT/ Papen, M/Kim NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7.2 MUNICIPAL SOLID WASTE COLLECTION DISPOSAL & RECYCLING CONTRACT - CM/Belanger reported that the City Council previously referred this matter to the Solid Waste Subcommittee and requested that they and staff negotiate with Western Waste Industries for a contract for exclusive solid waste collection and disposal services. He reviewed the franchise agreement and options available to the Council as outlined in the staff report and pointed out that one option is not predicated upon approval or disapproval of the other. William Gross expressed concern that citizens would have to give up their rights to better pricing and service because the City chooses to manage its trash needs through the method of franchising. He further expressed concern regarding a provision in the contract allowing the company the power to file a lien against properties with unpaid bills. Further, he questioned MPT/Papen's interests in supporting Western Waste Industries. CA/Arczynski confirmed that there is a provision in the contract allowing a lien against a property for someone who does not pay. However, a 30 -day advanced notice is required to be given and protection is there for the property owner. CM/Belanger pointed out that the proposed rate of $9.74 is lower than the current charge for single family residences by any provider. This rate includes regular garbage pickup as well as recyclables. Don Gravdahl, 23988 Minnequa, stated that he has corresponded with the Council expressing his concern on not going out to bid for this project. He noted the following provisions in the proposal: 1) the way pricing is set up; 2 ) penalization of those who do not reduce their trash by the indicated 36%; 3 ) though Western Waste will pick up large size items along the street at any time, they will only continue to pick up large size items from the home for a one year period; 4) the City is only asking for a $10,000 Performance Bond for a $5 million contract; 6) there is no provision for green waste; 7) the company is being allowed to bill 90 days in advance for services not yet rendered and place a lien on property with a 30 day notice for a bill not paid; if someone inadvertently forgets to pay, not only is there a lien on their property, but it will also ruin someone's credit report; and 8) a profit-making company is using the City as a hammer to collect their bills. NOVEMBER 3, 1992 PAGE 5 CM/Belanger responded as follows to Mr. Gravdahl's concerns: if the Council chooses, the contract could include an option for variable size containers to allow for even smaller containers for protrusable garbage; the bulk item pickup proposal is typical for most Southern California communities and is provided so that the hauler can plan for its removal; after one year, the hauler will pick up bulk items for free on a semi-annual basis; there is a process where an individual can have an item picked up anytime with a special pickup order; the performance bond required is standard; there is a pilot program in process relating to greenwaste and its disposal; green - waste will be picked up; it is anticipated that a greenwaste program will be in effect before the first year the contract is expired; and an individual will have prior notice before a lien is assessed so that he can correct whatever delinquency is asserted by the company. Marshall Wise, 2600 Broken Feather Lane, stated that a City in the trash business is a step toward socialism. The rate may be low now, but it will rise as it did for the City of Pinole who, ten years ago, paid $9.00/month for trash and now pays $35.00/month. The Council is imposing a system that most of the people in Diamond Bar do not agree with. He questioned the ethics involving MPT/Papen's relationship with the person who negotiated the contract with the City for Western Waste Industries. He stated that keeping trucks off the street as a reason to go with one contractor is a weak excuse to do away with the free enterprise system. MPT/Papen stated that the reason for the high rate increase in the City of Pinole and in other cities is because of the cost of landfill closures in those areas. CM/Belanger explained that, because there didn't appear to be an alternative system in place for the disposal of solid waste for the year 2,000 when all these landfills in the immediate proximity will begin to go over the top, the State passed AB939, superimposing laws on various cities and other local agencies to get something done. Negotiations with Western Waste Industries took place between City staff and the City Council Subcommittee, which consists of C/Werner and C/Miller. The individual alluded to by Mr. Wise was not present during those negotiations. C/Werner stated that, for the record, there are no closures of landfills on the horizon. The L.A. County Board of Supervisors is considering extending the permit for the Puente Hills Landfill for possibly another 20 years. He also stated that the increase in cost of landfills may have partially been responsible for the high rates of trash collection in the City of Pinole, but NOVEMBER 3, 1992 PAGE 6 it is not the entire reason for the increase. Mr. Wise may have been pointing out that once the City grants the franchise, there will be every opportunity made by the franchise holder to increase fees every time landfill prices increase. M/Kim stated that, though he is against any bills mandating cities to comply with certain government regulations, AB939 has been passed and the City must comply with that. The City is obligated to reduce its trash 25% by 1995 and 50% by the year 2,000. The most effective way to accomplish this is through recycling and hiring of one company for better control in complying with AB939. C/Werner noted that there has not been any testimony submitted to the Council to support the claim that a franchise is the best way to solve AB939 concerns. Staff has indicated that it is easier to control one franchise than many. He further stated that Diamond Bar became a City to provide a greater and more efficient level of service than the County, not to make it easier to provide these services. MPT/Papen pointed out that the Source Reduction Recycling Element (SRRE), which was unanimously approved by the Council, states a number of times that the City should franchise. Currently, there are eight trash companies permitted to operate within the City. However, only one company of the eight is in compliance with permit requirements despite continuous correspondence by staff. The overall program of the SRRE has 54 programs that need to be implemented by the City in order to reach AB939 mandated requirements. The City has not started imple- menting those 54 programs. No one has yet suggested how the City can meet AB939 requirements other than by franchising. C/Werner pointed out that he previously suggested that the City issue non-exclusive franchises to respond to SRRE requirements, requiring the companies to do business in town and to pay fees to the City to cover recycling costs, monitoring costs and advertising costs. However, the Council has chosen to franchise instead of consider- ing other viable options. C/Miller stated that he too is against the continuous passing of State legislation that restricts citizens' rights. He suggested that people write to their State legislator and express their anger and frustrations. Red Calkins, 240 Eagle Nest Dr., stated that he had attended nearly all waste meetings and that there had never been any discussion regarding how trash will be NOVEMBER 3, 1992 PAGE 7 reduced by 25%. Further, the quoted fee for senior citizens does not include a franchise fee or green waste costs; green waste seems to have to be stored in the backyard for almost a year. He reported that Waste Management has been picking up his trash for 26 years and the current rate is $9.58/ month and they pick up every- thing. AB939 does not prevent cities from having more than one trash hauler and he has earned the right for freedom of choice. CM/Belanger stated that there is a proposal for a pilot voluntary composting program but that green waste will continue to be collected in the manner that it currently is until a program is established. Lydia Plunk pointed out that diversity does not guarantee cost or better service. The City should look into composting programs that use an aerobic system because it does not have the negative problems, such as mice, snakes, etc., that a nonaerobic system has. Fred Scalzo, owner of Casa O'Brien's Restaurant, President of the Chamber of Commerce, stated that though he did not have a problem with Western Waste's services, he noted that his commercial bill would increase slightly more than 50% under the new contract. He stated that it appeared that business would pay more so that the commun- ity could have a discounted rate. He also noted that the formula for rate increases is weighted against the business community. He requested that the item be tabled to give the Chamber of Commerce an opportunity to review the contract with the City Council. Frank Dursa, 2533 Harmony Hill Dr., read a letter from Mr. Al Rumpilla which pointed out that he turned in a petition in 1990 signed by 367 residents to stop an award for franchise for trash pickup in the City. The trash companies also sent in their petitions to the Council showing that about 90% of the residents want free enterprise. Mr. Rumpilla requested that his letter be entered into the minutes as a final protest to award a single franchise to any trash company. Mr. Dursa stated that he found it interesting that this matter was presented on election day so that if there is an adverse reaction in the community to the Council's decision, no one would suffer in the polling booth. He made the following comments: C/Miller is not listening to the voice of the community; a letter is being sent to the Fair Political Practices Commission (FPPC)regarding a conflict of interest issue involving MPT/Papen and requesting them to evaluate some information regarding political contributions received by MPT/Papen from Tele Marketing Plus; he is currently using Western Waste NOVEMBER 3, 1992 PAGE 8 service and his rates would increase $3.00/month with this franchise agreement; and unless bulk items are picked up, some people will begin dumping them in vacant lots. Max Maxwell thanked C/Werner for his consideration of the concerns voiced by the people regarding the trash issue. He stated that he is opposed to this franchise agreement. Stan Granger, 23800 Gold Nugget, stated that he wonders who is benefiting from this arrangement since, according to AB939, the City should be able to monitor trash pick up at the dump site and control it by permitting. It will be suspicious, whether warranted or not, if the Council passes this measure and acts so blatantly against the citizens desire for a free enterprise trash collection system, not a controversial monopoly. Bill Tinsmen, 1014 Capen Ave., asked if the 25% recycling requirement would force people to turn in their private recycling products, giving more profit to the company. He then made the following comments: it is not unusual for people to have more than one container which will now cost them more money; he asked if AB939 mandates a 90 -day advance payment and a 30 -day notice lien; if a house is rented, the homeowner, not the occupant, must suffer if a bill is not paid; and other monopolies do not put liens on property for bills unpaid but simply cuts off the service. He also inquired why Diamond Bar does not have a toxic waste collection process. Troy Butzlaff explained that the City has opted to participate in the County's Household Hazardous Waste Collection Program because of the limitations and the liabilities involved. The City Council also adopted Resolution 91-59, which allows individual single family residential units to dispose of up to 4 quarts per month of used waste motor oil at curbside as long as it is visibly marked "Waste Motor Oil" and placed in a resealable plastic container. The Mobile station on the corner of Grand Ave./Golden Springs will accept waste motor oil from residents. CM/Belanger stated that the City Council has discretion over whether or not it wishes to incorporate a prepayment provision in the contract. Troy Butzlaff, in response to Mr. Tinsmen's inquiry, stated that the proposed agreement does not prohibit individual homeowners from recycling on their own accord. Single family homeowners are required to participate either in the recycling program of their waste hauler or to take the material to a designated recycling location. NOVEMBER 3, 1992 PAGE 9 CM/Belanger explained that the purpose of the legislation is to divert material out of current disposal facilities. The City also needs to record the percentage of waste that is being diverted. RECESS: M/Kim recessed the meeting at 7:50 p.m. RECONVENE: M/Kim reconvened the meeting at 8:06 p.m. M/Kim expressed concern that the Chamber of Commerce had not had an opportunity to review the contract and was concerned over the 50% increase in commercial bills. He suggested that the matter be postponed to give the Chamber time to review the contract and make recommendations. It was moved by C/Miller and seconded by M/Kim to continue discussion to a later date. MPT/Papen requested that the Council first address the franchise fee and term of the contract before continuing the matter. C/Miller suggested that if the item is to be continued, then it may be more appropriate and less confusing for the public to discuss the body of the contract at the next hearing following Council's comments. C/Werner suggested that the Subcommittee meet with the Chamber on its review of the contract. MPT/Papen expressed concern that a third party, the Chamber of Commerce, is being allowed to negotiate the terms of the agreement. C/Miller indicated that since the Chamber had commented that the contract may somehow be subsidized by a very depressed business community, it would be appropriate to meet with them to receive input on their current situation and clarify any issues of concern. It is not a means of negotiating any of the terms. C/Werner concurred. C/Miller's motion to continue the matter to allow for Chamber of Commerce review was unanimously approved by the following Roll Call vote: AYES: COUNCILMEN: Forbing, Miller, Werner, M/Kim NOES: COUNCILMEN: None ABSTAIN: COUNCILMEN: Papen ABSENT: COUNCILMEN: None MPT/Papen, in response to the statements made by Mr. Dursa, Mr. Wise and Mr. Gross, stated that, under the NOVEMBER 3, 1992 M PAGE 10 rules of the FPPC, political contributions do not apply because they are not considered income to her. 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 - ICM/Wentz reported that the Traffic & Transportation Commission discussed visibility restrictions motorists may experience when attempting to exit out of Fountain Springs Road onto Diamond Bar Blvd. In addition to red curbing the north side of Fountain Springs Rd., the Commission recommended installation of a "Right Turn Only" lane on southbound Diamond Bar Blvd. at Fountain Springs Rd. and relocation of the stop bar on Fountain Springs by five feet. He indicated that staff felt that the best solution would be to work with the property owner to see if the wall could be redesigned and the Cypress tree could be trimmed. C/Miller suggested that the matter be sent back to staff for further negotiations. ICM/Wentz, in response to M/Kim's inquiry, stated that he feels that if the wall is modified and the trees trimmed, then neither the "Right Turn " lane nor the median island would be needed. Ken Anderson, 2628 Rising Star Drive, noted that according to County statistics, 6,000 southbound cars get off Diamond Bar Blvd. at either "The Country" or Fountain Springs Rd. He expressed concern that the only inter- section at that end of the City having a priority for placement of a signal is at Shadow Canyon but statistics show only 900 trips into that area. There have been 7 accidents in 9 months at Fountain Springs, but no accidents at Shadow Canyon for over a year. Furthermore, no visibility restrictions exist at Shadow Canyon, but there are at Fountain Springs. CM/Belanger pointed out that the City has not budgeted for construction of a traffic signal at Shadow Canyon and indicated that the issues raised by Mr. Anderson are being seriously considered by the City. MPT/Papen noted that river rock has been used throughout the rest of the medians in our landscaping programs, not stamped concrete. She requested that there be consistency in all medians throughout the community as they are improved and modified. She expressed concern that the median could interfere with the bike lane. She noted that there have been other requests for signals at other intersections; however, the City must look at what NOVEMBER 3, 1992 PAGE 11 funds are available for stop signs in this fiscal year. She requested that traffic counts at both corners be discussed and that the area not be "piece mealed." C/Werner stated that putting a median on a residential collector is more of a traffic hazard than a traffic safety device. He suggested that the intersections of Fountain Springs, Shadow Canyon and Cold Springs be looked at in the context of a larger traffic solution. The City Engineer should continue his discussions with the property owner. CM/Belanger stated that it is anticipated that staff will present to the Council on November 17, 1992 an analysis of funds that may be available during fiscal year 1992/93 for construction of traffic signals. Motion was made by C/Miller and seconded by C/Werner to refer the matter back to staff for further negotiations. Motion carried unanimously. 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 recommended that the City Council continue the Public Hearing November 17, 1992 in order to provide Council an opportunity to review the recommended ordinance. M/Kim opened the Public Hearing and continued the Hearing to the meeting of November 17, 1992 at 7:00 p.m.. 10. ANNOUNCEMENTS: None offered. 11. ADJOURNMENT: With no further business to conduct, M/Kim adjourned the meeting at 9:40 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 and Councilmember Forbinq r FROM: Linda Q. Magnuson, Accounting Manager SUBJECT: Voucher Register, November 17, 1992 DATE: November 10, 1992 Attached is the Voucher Register dated November 17, 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 audited approved and recommended allowed from the following funds dated November 17, 1992 has been for payment. Payments are hereby in these amounts: 001 General Fund $649,736.81 138 LLAD #38 Fund 345.62 139 LEAD #39 Fund 11.60 141 LLAD #41 Fund 8,925.95 250 CIP Fund 5.830.20 TOTAL ALL FUNDS APPROVED BY: Linda G. Magnds9ffi Accounting Manager jw4,t,- f - k4��� _ Terrence L. Belanger City Manager $664,850.18 P Y11AS E. Papen Mayor Pro Tem 1 Join 1t: Forbing Councilmember +++ C i t v of D i a o o n d Aar +++ RUN TIME: 16:46 11/10/92 V O U r, H E R R E S I S T E R DUE THRU.............11/17192 VENDOR NAME VENDOR ID. ACCOLINI PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ------------------------------------------------------------------------------------------ ARA Services ARAService +001-4010-2325 5 31117A ARA/Cory Refresheent Svcs ARA +061-4090-2130 2 31117A Arsentrout, Phil +001-4440-4040 Bee Re'overs +001-4331-2210 Areentrout 4 311174 BeeResove 1 31117A PAGE t + + PREPAID + + AMOUNT DATE CNE CK 11/10 11/17 1567201067 CC Mtq-10/6,10/20 1.56.19 +001-4316-2210 TOTAL DUE VENDOR --------> 156.19 11110 11/17 293643 Equip Rental 29.00 2 31117A 46/1466A 11/10 11/17 TOTAL DUE VENDOR -------) 29.00 11/16 11117 6114 ProfSvcs-10/26-11/6 11158.00 TOTA1 DUE VENDOR --------> 530.81 TOTAL DUE VENDOR --------} 1,156.00 11/10 11/17 01055 ResovComh-SycaeoreCnvn 67.56 +001-4555-5520 1 31117A 11/10 TOTAL DUE VENDOR --------) 67.50 Best Lightinq Products BestLtq +001-4316-2210 1 31117A 03/1406A 11/10 11/17 L1121 TennCtlts-41aoleHill 202.50 4061-4322-2216 2 31117A 46/1466A 11/10 11/17 1/122 Lights-RReaoan 326.31 TOTA1 DUE VENDOR --------> 530.81 Boys Club/San Gabriel Vlv BoysClub +001-4555-5520 1 31117A 11/10 11/17 SrafReaovaL-Oct92 31130.00 TOTAL DUE VENDOR -------) 3,130.00 Brea, City of BreaCity +001-4350-5300 1 31117A 11/14 11/17 14343 ReCSvc-3uly,Auq,Sept 631126.00 +001-4350-5300 2 31117A 11/10 11/17 14344 RecSvrs-Or_tober92 21,2.42.00 TOTAL DUE VENDOR --------) 84,968.00 CalilPrkstRecSociety CPRS +001-4310-2325 1 31117E 11/10 11/11 ADAConfRepist-BobRose 35.00 11/02/92 0000017029 TOTAL PREPAID AMOUNT ----} 35.60 IOTA[ DLIE VENDOR --------} 6.00 California Society of I;SMFO +001-4050-2315 1 31117A 11/10 11/17 1168 MerberDues-Magnuson 50.00 TOTAL DUE VENDOR --------) 40.40 +++ City of D i a a a n d Dar +++ RUN TIME: 16:48 11/10/92 V 0 11 C H E R R E 6 I S T E R P 46 2 DUE THRU .............11117/92 VENDOR NAME VENDOR ID. * + PREPAID + + ACCOUNT PROJ.TX-NO ----------------------------------------------------------------------------------------------------------------------------------- BATCH PO.LINE/NO. ENTRY/DUF INVOICE DESCRIPTION AMOUNT DATE CHECK Community Sveepinq Cossweep *001-4555-5501 1 31117A 11110 11/17 StrSWp-8/31-9/5;9/21-9/26 7.629.30 *001-4555-5501 2 31117A 11110 11117 Sap -9/28-1815;10/14-10/19 7,498.32 TOTAL DUE VENDOR --------) 15.127.62 Computer Applied Systems CAS *001-4050-4030 1 31117A 11110 11/17 1192DB ComaMtce-Dec 806.06 TOTAL DUE VENDOR -------) 800.09 Conlin Bros Sporting Good ConlinBrrs *001-4350-1200 6 311174 13/1403 11110 11/17 52446 RecreationSupmlies 126.11 1001-4350-1200 5 31117A 1221403 11110 11/17 52603 Recreation5uoplies 153.12 TOTAL DUE VENDOR -------) 279.83 Contreras, Jeanette 475 *001-3476 33 31117E 11110 11/17 Reft5564 RecreationRefund 25.00 TOTAL DUE VENDOR Creative Homes CreatveHnm *250-4310-6415 04692 3 31117D 11110 11/17 Ptrsn Pk Conc Stnd-Pmt 23 5,830.20 TOTAL DUE VENDOR --------) 5,830.20 David Evans i Assoc. DavidEvans *001-2300-1011 1 31117A 11/10 11/17 05-3180 ProSvcs-EIR91-04 6,129.43 TOTAL DUE VENDOR -------) 6.129.43 Department of fish t Same DeptF162 *001-4210-2326 2 31117A 11110 11/17 EndanoSpeciesAnnualRepnrt 16.50 TOTAL DUE VENDOR --------) 16.56 Dept of Transportation DeptTrans *001-4555-5507 1 311174 11110 11117 123641 90nal/Light-9/92 531.97 TOTAL DUE VENDOR ------) 531.91 E. San Bab. Planning Com■ ESSVPC *001-4310-2325 2 31117E 11110 11/17 P1anDirMtq-11/16/92 24.60 11/16/92 0000017035 TOTAL PREPAID AMOUNT ---> 24.60 TOTAL DUE VENDOR --------) 0.00 +tt C i t v of D i a a a r d Bar t+t RLIN TIME: 16:48 11/10/92 V O U C H E R R E 6 I S T E R PAGE 3 DUE THRU.............11/17192 VENDOR NAME VENDOR ID. t + PREPAID t + ACCOUNT PROJ.TX-NO BATCH PO.LINEiNO. ENTRY/DUE INVOICE DESC91PTION AMOUNT DATE CHECK ---------------------------------------------------------------------------------..----------------------------------------------- E. San Gab. Plannino Coma 66VPC +001-4210-2315 1 31117A 11!10 11/17 Annuallkies 50.00 TOTAL DUE VENDOR --------) 50.0 Eastnan Inc. Eastean +001-4040-1200 1 31117A 47/1397 11/10 11117 09624706 supplies 67.69 +001-4050-1200 2 31117A 4611397 11116 11117 09624718 Supplies 8.25 +601-4090-1101 5 311174 45/1397 11110 11117 09624719 Supplies 69.31 *001-4210-1100 2 31111A 44/1397 11111 11/17 09624722 Supplies 177.11 +001-4510-1100 1 31117A 42/1397 11/10 11117 09624727 Supplies 185.28 *001-4311-1200 8 31117A 43/1397 11/10 11117 09625723 Supplies 16.99 TOTAL DUE VENDOR --------> 526.90 Exxon ExxonS +001-4210-2310 3 31117A 11/10 11117 3549543 Fuel-Planninq 24.00 *001-4310-2310 6 31117A 11/10 11/17 4249560 Fuel -Parks 37.00 TOTAL DUE VENDOR --------) 61.00 Fleet Call FleetCall +001-4090-2130 3 311178 11/16 11117 260005 RadioSvc-Novl992 158.55 TOTAL DUE VENDOR -------> 158.% Franchise Tax Board FranchiseT +061-2110-1009 1 31117E 11110 11/17 511741965 Special Yithholdinq Order 634.40 11/06192 0000417032 TOTAL PREPAID AMOUNT ----) 634.46 TOTAL D11E VENDOR --------) 0.00 Fritzal, Kellee FritzalK +001-4210-2100 1 31117B 11/10 11/17 ColorCopiesMaps-6P 224.47 TOTAL DUE VENDOR -------1 224.47 Fromex From +001-4010-1200 1 311118 11/10 11/17 5291169 PhatoProcessinq 7.39 +001-4010-1200 2 31111D 11/10 11/17 5291214 PhotoProcessing 9.96 TOTAL DUE VENDOR --------1 17.35 6 L 6 Trophy Ct6Trohpy +001-4350-1200 7 311118 0111469 11110 11/17 6747 Trophies -V9199 93.74 TOTAL DUE VENDOR -------) 93.74 Highlander Publications Highlander +881-2388-1818 2 31.117B ICMA iCMAI +001-4638-2315 1 31117D Image IV Svsteos Inc. Taaae4Svs +801-4198-2181 1 311178 Inland Valley Div Bulletn IVDB +881-2388-1818 5 31117B +++ C i t v of D i a a 0 n d Bar +++ 3 311178 RUN TIME: 16:46 11/18/92 +881-4848-2115 V 0 U C H E R R E G I S T E R P;,G+ 4 11/18 11/17 DUE THRU .............11117192 VENDOR NAME VENDOR I0. --------) /20.11 + t PREPAID + + ACCOUNT --------------------------------------------------------------------------------------------------------------------------------- PROJ.TM-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK GTE California TOTAL DUE_ VENDOR GiE 256.25 +881-4448-2125 1 31117B 11/18 11/17 Phone Svc-EuerPrep 37.94 dcb583 PubHrq-C11P92-89 57.88 TOTAL ';E VENDOR --------) 37.94 STE California PubHrq-CUP92-18 GTE_ 57.11 11/18 11117 +801-4898-2125 1 31117B 11/18 11117 Phone Svc -City Hall 1,698.72 dc76S5 PubHrq-VTT47858 66.51 TOTAL DUE_ VENDOR -------> 1.698.12 61E California PubHrg-V1147558 GTE 43.15 +801-4313-2125 2 311178 11118 11/17 Phone Svc -Heritage 54.84 529 NovMtceCharges 281.18 TOTAL DUE VENDOR -------> 54.84 H.J. Schor Consultino_ Novcopycharges H.;Schor 418.49 +881-4218-4218 2 311170 81/1393 11/18 11/17 1 ProfSvc-HillsideMgsnt 9,688.88 Highlander Publications Highlander +881-2388-1818 2 31.117B ICMA iCMAI +001-4638-2315 1 31117D Image IV Svsteos Inc. Taaae4Svs +801-4198-2181 1 311178 Inland Valley Div Bulletn IVDB +881-2388-1818 5 31117B +811-2.388-1818 4 311178 +801-2318-1818 3 311178 +881-2388-1811 2 31117B +881-4848-2115 1 311178 Int'1 Business Equipsent InBusEquip +881-4898-2288 3 311178 83/1451 1081-4896-2288 4 31117B 84/1451 TOTAL DUE VENDOR -------) 91686.81 11118 11/17 35361 PubHrq-CtIP92-9 33.34 TOTAL DUE VENDOR --------- 33.34 11/18 11/17 AnnualMesberkes-Belanaer 723.88 TOTAL DI1E VENDOR --------) /20.11 11111 11/17 96659401387 CopierMtce-October 256.25 TOTAL DUE_ VENDOR --------) 256.25 11/18 11/17 dcb583 PubHrq-C11P92-89 57.88 11/18 11117 dc7210 PubHrq-CUP92-18 57.11 11/18 11117 dc7273 PubHrq-ADR92-15 57.88 11/18 11117 dc76S5 PubHrq-VTT47858 66.51 11118 11/17 dc7955 PubHrg-V1147558 43.15 TOTAL DUE VENDOR --------) 261.25 11111 11117 529 NovMtceCharges 281.18 11118 11/17 529 Novcopycharges 418.49 TOTAL DUE VENDOR -------) 691.49 +tt City of D i a a a n d Bar *n* RUN TIME: 16:48 11/10/92 V 0 U C H E R R E S I S T E R DUE THRU.............11/17192 VENDOR NAME VENDOR I0. ACCOUNT PRGJ.TN-40 BATCH PO.LINE/N0. ENTRYIDUE INVOICE DESCRIPTION ----------------------------------------------------------------------------------- Kans Hardware Ken-, *001-4310-1280 10 311178 29/1413 }001-4310-1700 11 31117B 30/1413 *001-4316-1200 9 31117B 28/1413 L.A. County -Sheriff's Deo LACSheriff *001-4411-5401 3 31.117C L.A. County -Sheriff's Dep LACSheriff *001-4411-5401 4 39.117E L.A.County Public Yorks LACPubVk *001-4555-551b 1 31117C *001-4555-5596 2 31111C *801-4555-5506 3 31117C *001-4555-5503 1 31111C *001-4555-5504 1 311110 *001-4555-5508 1 3111/C *001-4555-5510 1 31117C *901-4331-5300 1 31111C *001-4555-5227 1 31117C *091-4555-5530 1 31111C *001-4555-5516 4 31117C *091-4555-5502 1 311110 L.A.County Public Yorks LACPubYk *001-4555-5506 7 31117C *091-4555-5506 8 31117C *001-4555-5506 9 31111C *9914555-5506 11 31117C *0014555-5506 5 31117C *091-4555-5506 6 3111'IC tell -4555-5508 2 311170 *091-4555-5512 1 31117C *1014555-5531 2 31117C 11/16 11/17 58895 Supplies 11/10 11117 59217 Supplies 11/10 11/17 59234 Supplies TOTAL DUE VFNDOR--------) 11/10 11/17 10967 HelicopterSvc-Auq TOTAL DUE VENDOR --------) 11110 11/17 10869 SheriffSvcSept PAGE 5 t * PREPAID * * AMOUNT DATE CHECK ------------------------- 12.31 6.28 60.37 18.96 296.59 296.59 299,191.13 11/04/92 0000017030 TOTAL PREPAID AMOUNT ----) 299,191.13 TOTAL DUE VENDOR -------) 0.00 11/16 11/17 93000005053 Striping/Marking 1,423.19 11/10 11/17 93000095055 SignInst-fallowfield 684.15 11/19 11/17 93900095056 Sign/Stripinq 2,733.69 11/11 11117 93909905465 ParkvayMtce 2,236.04 11/19 11/17 93990995064 SidewalkInsptRapairs 18,255.88 11/16 11/17 93099995969 VegitationContro 29,403.64 11/19 11/17 93009095068 TreeYatering 2,535.67 11/10 11111 93009995913 Mtce-Pu*gStn-Sycaenre 446.19 11/16 11/17 93991995970 Monthlylnspection 2,161..70 11/10 11/17 93019905471 IWServices 1,347.11 11/10 11/17 930//05062 SignInstall-Ironbark 928.69 11/14 11/17 939/995063 RoadMtce 31,952.12 TOTAL DUE VENDOR -------) 84,650.13 w. 11/11 11/17 93800095059 Striping -Longview 35.92 11/16 11/17 93990015858 StreetMarkings 135.96 11/14 11117 93011145051 SignRemoval-MtnLaurel 35.92 11/19 11/17 93108015054 CenterlineStripe-Chinook 361.35 11119 11/17 93908115861 RedCurbSign/Striping 45.72 11/19 11/17 93190895160 Striping-Birdseye 101.91 11/10 11/17 93990895967 Cleanup -Aspen 252.59 11/11 11/17 93199115866 CatchOasinMtce(SD) 204.74 11/19 11/17 93990995912 IYService 15.17 TOTAL D11E VENDOR ------) 1,317.54 *+* City of D 1 a m a n d Bar +� RUN TIME: 16:46 11/10/92 V 0 U C H E R R E 6 I S T E R DUE THRO.............11/17/92 VENDOR NAME VENDOR ID. ACCOUNT PROJ.T1-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION --------------------------------------------------------------------- -------------------------- L.A.County Public Works LACPubWk +881-4555-5507 2 31117C 11/16 11117 93000001647 Rout/ExtraOrdMtce-TS9/92 TOTAL DUE VENDOR -------) PAGE 6 * * PREPAID + * AMOUNT DATE CHECK 3.885.49 3,885.49 LA Cellular Telephone LACellular +881-4830-2125 2 311178 11/10 11117 OrtSvc-CMgr 120.21 *881-4440-2125 2 31117B 11/18 11117 Oct5vc-EmeIPreo 37.56 TOTAL D11F VENDOR --------> 151.17 League o1 CA Cities Leaq_ue3 +881-4850-2338 1 31117C 11/10 11117 FinMg4ntSem-1213-12/4 160.08 TOTAL DUE VENDOR --------) 168.10 Leighton and Associates Leighton +001-4551-5223 1 31117D 11/18 11/17 74933 6eoSvc-TR47850,51,48487 5,784.10 *181-2308-1012 1 31117D 11/10 11117 76984 6eotechSvc-EN93-883 418.88 TOTAL DUE VENDOR --------> 6,194.10 Los Angeles County LACIntSvc TOTAL DUE VENDOR --------> 0.85 MSAC Foundation MSACFound +081-4030-2325 2 31117E 11/10 11/17 14thAnnualFriends8anq 28.08 10/28192 80000170 TOTAL PREPAID AMOUNT ---> 28.08 TOTAL DUE VENDOR --------> 8.80 Mariposa Horticultural Mariposa +801-4311-5380 2 31117C 86/1416 11/10 11/11 4028 MorithlyNtce-PC6ror 1,838.82 1881-4313-5300 2 31117C 12/1416 llil8 11117 4826 MonthlyMtce-Heritage 686.86 +001-4316-5380 2 31117C 8411416 11/10 11117 4828 MonthlyMtce-MapleHill 858.84 1081-4319-5300 1 31117C 11/1416 11/10 11/17 4026 MonthlyMtre-Peterson 1,288.16 +081-4322-5388 2 31117C 13/1416 11/18 11/17 4026 MonthlyMtce-Reaqan 11038.62 1011-4325-5381 2 31117C 85/1416 11118 11117 4828 MonthlvMtre-Starshine 429.94 +801-4326-5361 2 31117C 17/1418 11/16 11117 4026 MonthlyMtce-Suemitridge 1,545.71 +001-4331-5311 3 31111C 1811416 11/10 11117 4028 Monthly1tce-SycamoreCnyn 1,583.03 +011-4318-2211 3 31117C 11/14 11/17 4629 OperSupplies 69.69 +111-4318-2280 3 31117C 11/18 11117 4031 Trashcans(25) 331.65 +081-4331-2211 2 311170 11/18 11/17 4031 OperSuoolies-Sycamore 26.76 +101-4322-2218 4 31111C 11/10 11117 4832 O9er5up0lie5-Reagan 16.65 +081-4319-2218 1 31117C 11/18 11/17 4033 OaerSuaolies-Peterson 118.42 TOTAL DUE VENDOR --------> 9,009.17 +++ City of Diamond Aar +++ RUN TIME: 16:46 11/10/92 V O U C H E R R E 6 I S T E R PAGE 7 DUE THRU.............11/17/92 VENDOR NAME VENDOR ID. + + PREPAID + + ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK. ---------------------------------------------------------------------------------------------------------------------------------- Markman Arczynski Hanson MarkmanArc +801-4024-4028 1 31117C 11/10 11117 BasicLegalSvcs-Oct 5,580.80 1061-4020-4021 2 311liC 11/10 11/17 SAaciallegal5vc-Oct 11,199.44 TOTAL DUE VENDOR --------> 16,699.44 Miss D.B. Beauty Paqeant DBE?auty +001-4010-2325 6 31111E 11/18 11/17 FashionSnarBrunch-PP 20.88 11/10/92 002001%0?;� TOTAL PREPAID AMOUNT ----> 28.00 TOTAL DUE VENDOR --------> 0.06 Mitchell Pest Control Inc MitchellPe *001-4319-2210 3 311170 01/1464 11/10 11/17 10521 PestSuppression0eterson 250.80 TOTAL DUE VENDOR --------) 258.88 Myers, Elizabeth MyersE +081-4040-4008 2 311170 11110 11111 92db19 CC -10120/92 198.00 *001-4210-4880 2 31117C 11/10 11/17 92019 Pln9coa-10/26/92 450.00 *061-4210-4088 3 31117C 11/18 11/17 92dbl9 AdainDev-10/26/92 36.60 *061-4310-4000 1 31111C 11/10 11117 92019 PSR -10122192 188.00 TOTAL DUE VENDOR --------) 664.08 NRPA WPA +801-4316-1200 12 31117D 11/10 11/17 ASASelfEvalHandbook 58.80 TOTAL DUE VENDOR --------) 50.88 PERS Health Benefits PERSHealth +601-2116-1003 1 31117E 11/18 11117 Nov NovPrees 7,605.14 11/06/92 0080017011 *881-2110-1883 2 31117E 11/10 11117 Nov Add'10ctPres-Tavlor 96.81 11/86/92 0W l! 9i1 +881-4098-8080 1 31117E 11/10 11117 Nov NovAdrinFees 31.54 11/06/97 000''P? **+ City of D i a a o n d Bar f** RUN TIME: 16:48 11/10/92 V O U C H E R R E 6 1 S T E R Ph DUE THRU.............11/17/92 VENDOR NAME VENDOR IO. + + PREPAID + + ACCOUNT PRDJ.TK-ND BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTICN AMOUNT DATE CHtCK -------------------------------------------------------------------------------------------------------------------------------- Parona Valley Humane Sot. PVHS *001-4431-5483 131117D 11/10 11117 AnimCnntrolSvc-Novl992 4,137.00 (DIAL DUE VENDOR --------> 4.131.09 Public Empl Retirement PEGS 1001-21i8-1886 3 31117D 11/10 11/17 PP23 RetContPP23-10/92/5 2,367.90 §661-2110-1886 4 31117D 11/18 11/17 PP7.3 RetContPP23-10/92!5 2,259.53 TOTAt DUE VENDOR --------> 4.627.43 Repro Graphics ReproGraph *881-4090-2110 3 31117D 11/10 11/17 5697 CashR2ceipts(2088) 380.97 *081-4098-2118 4 31117D 11/10 11117 5697 LvOfAbsenre(200) 47.87 +881-4098-2110 5 31117D 11/18 11/17 5697 PasteUo 3.81 *801-4898-2118 2 31117D 11/10 11/17 5732 Envelopes 112.22 TOTAL DUE VENDOR -------> 464.07 S.C.M.A.F. SCMAF +801-4318-2315 1 31117D 11/18 11/21 8066 MemberDues-BabRose-1993 15.88 TOTAL DUE VENDOR --------> 15.89 San Gabriel Vlv Tribune S6VTribune f001-4218-4220 2 31117D 01/1425 11/18 11/17 G2nPlanAd 1,035.43 *001-4210-4220 3 31117D 11/t8 11/17 6enPlanAd-Whittier 373.75 +061-2388-1818 6 31117D 11/10 11/17 SGYT0066 PubHro-CtIP92-9 52.65 TOTAL DUE VENDOR --------> 1,461.83 Sheraton Harbor Island SheratonHI +881-4850-2338 2 31117D 11/10 11/17 12/3/92 Lodaino-leaoue-Magnuson 114.45 TOTAL DUE VENDOR --------> 114.45 Sir Speedy Sir Speedy +001-4090-2110 6 31117D 11/10 11117 18370 BWLetterhead 17.94 TOTAL DUE VENDOR --------> 17.94 Smith, Nancy 474 *801-3478 32 31117E 11/10 11117 Refs5371 Recreation Refund 25.80 TOTAL DUE VENDOR -------) 25.80 *** C i t v of DiaaOnd Bar *** RUN TIME: 16:46 11/18192 V 0 U C H E R R E G I S T E R DUE THRO.............11117/92 VENDOR NAME VENDOR ID. ACCOUNT PROJ.T1-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION Soroptimist Intl DB/Vain SoroptiAis P96E 9 + PREPAID + AMOUNT DATE CHECK 1881-4818-2325 7 31117E 11118 11117 YorldgiVosenConf-PP 28.88 11118/92 8888811834 TOTAL PREPAID AMOUNT ----> 20.88 TOTA1 DUE VENDOR --------) 8.88 Southern Ca Gas Co SofaGas *401-4313-2126 2 31117D 11/18 11/11 Gas5vc-Neritape 28.41 TOTAL DUE VENDOR -------> 28.47 Southern Ca. Edison SoCaEdison *138-4536-2126 2 31117D 11/18 11117 Elec5vc-LLAD238 345.62 TOTAL. DUE VENDOR --------) 345.62 Southern Ca. Edison SoCaEdison *881-4553-2126 2 31117D 11/18 11/17 ElecSvc-TrafControl 784.64 TOTAL DUE VENDOR ------> 784.64 Southern Ca. Edison SoCaEdison *881-4313-2126 1 31117D 11/18 11117 ElecSvc-Heritage 674.82 *881-4322-2126 1 31117D 11/16 11/17 ElecSvc-RReagan 521.87 TOTAL DUE VENDOR -------) 1,195.89 Southern Ca. Edison SoCaEdison *139-4539-2126 2 31117D 11/1® 11/17 ElecSvc-LL40239 11.68 TOTAL DUE VENDOR -------) 11.80 Southern Ca. Edison SoCaEdison *141-4541-2126 2 31117D 11/18 11/17 Elec5vc-LLADS41 13.60 TOTAL DUE VENDOR -------> 13.81 UltraSystems Engineers U1traSvste *081-2301-1811 3 31117D 11/18 11/17 97383 Prof Svc-EIR92-1 18,104.86 TOTAL DUE VENDOR Unocal Unocal *881-4430-2316 5 311170 11114 11/17 224331 Fuel-CMgr 16.71 *811-4031-2314 6 31117D 11/11 11117 424621 fuel-CMgr 16.12 TOTAL DUE VENDOR --------) 34.72 +++ City of Oi4aand Bar +++ RUN TIME: 16:48 11/10/92 V 0 U C H E R R E 6 I S T E R DUE THRU.............11/17/92 PAGE 10 VENDOR NAME VENDOR I0. + + PREPAID + + ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. -------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Walnut Fire Protection Co Walnutfire +061-4690-1200 1 31117D 11/10 11/17 1878 FireExtinq(1)-CoopRons 113.12 +001-4890-2200 5 31117D 11110 11/17 1876 FireExtiny5vc 34.04 TOTAL DOF VENDOR --------> 147.12 Walnut Vly Water Dist WVWater0is +001-4322-2126 2 311179 11118 11117 WaterSvc-RReagan 1,467.00 +001-4325-2126 1 31117D 11118 11/11 WaterSvc-Starshine 1,115.90 TOTAL DUE VENDOR --------> 2,642.98 Walnut Vly Water Dist WVWaterDis +141-4541-2126 3 31117D 11118 11/17 WaterSvc-LLADS41 8,912.15 TOTAL DUE VENDOR --------> 8,912.15 Young's Iron Fabricators YoungsIron +001-4322-2216 6 31117D 61/1463 11/10 11117 5292 Fab(2)6ateExtensions 173.00 TOTAL DUE VENDOR ------) 173.44 Zellerbach Zellerbach +001-4090-1240 3 31117D 01/1462 11110 11117 11-75409-115 CopyPaner-Lttr,1ega1 618.65 TOTAL DUE VENDOR --------> 618.65 TOTAL PREPAID ----------) 343,692.62 TO(AL DUE -------------> 321,157.56 TOTAL REPORT ------------) 664,858.18 RUN TIME: 16:46 11/1/192 FUND 0916eneral Fund 250C.I.P. Fund 138LLAD 136 Fund 139LLAD 139 Fund 141LLAD 141 Fund TOTAL ALL FUNDS att City of Diamond Dar tat VOUCHER R E 6 1 S I E R FUND 5 U M M A R Y R E P 0 R I DUE THRU.............11/17192 OISBURSE fill GJE PILL POST GIE HAS POSTED TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE 649,736.81 65,930.79 5.839.29 345.62 11.61 8,925.95 ----------- ------------ 664,858.18 65,939.76 PAGE 1 FUTURE TRANSAC(104S REVENUE EXPENSE ---------------------- 50.## 583,756.11 5,739.2) 345,62 i1.bE 8,925.95 -------- ------------ 59.09 598.819.48 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 5_1 '% TO: Terrence L. Belanger, City Manager MEETING DATE: November 17, 1992 REPORT DATE: November 2, 1992 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: NOTICE OF COMPLETION FOR THE CONCESSION STAND ADDITION AT CARLTON J. PETERSON PARK SUMMARY: The City Council, on May 19, 1992, awarded a contract to Creative Homes, the lowest responsible bidder, for the Concession Stand Addition at Carlton J. Peterson Park. The construction has been completed and may now be accepted by the City Council. RECOMMENDATION: It is recommended that the City Council accept the work performed by Creative Homes and authorize the City Clerk to file the proper Notice of Completion. LIST OF ATTACHMENTS:X Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (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: Terrence L. Belanger City Manager Bob Rose Community Services Director N/A —yes _ No MAJORITY _ Yes X No Yes X No _ Yes X No ellee A. Fritzal Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1992 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: NOTICE OF COMPLETION FOR THE CONCESSION STAND ADDITION AT CARLTON J. PETERSON PARK ISSUE STATEMENT: The concession stand addition at Carlton J. Peterson Park has been competed. A Notice of Completion for the addition needs to be filed for recordation. RECOMMENDATION: It is recommended that the City Council accept the work performed by Creative Homes and authorize the City Clerk to file the proper Notice of Completion. FINANCIAL SUMMARY: The process of filing a Notice of Completion has no financial impact on the City's 1992-93 budget. BACKGROUND: The City Council, at their regular meeting of May 19, 1992, awarded the contract for the concession stand addition at Carlton J. Peterson Park to Creative Homes, the lowest responsible bidder. The construction contract amount including change order items, was $49,678. DISCUSSION: Creative Homes has completed the construction of the concession stand and the punch list items. The work is in accordance with the plans and specifications prepared and approved by the City. Kellee A. Fritzal RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name City of Diarond Bar Supe, 21660 E. Copley Dr. , 4100 Ad.ress ctra Diamond Bar, Ca 91765-4177 State Attn: City Clerk J SPACE ABOVE THIS LINE FOR RECORDEWS USE NOTICE OF COMPLETION Notice pursuant to C vil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notices hereby given that 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: Z The full name of the owner is City of Diamond Bar 3. The full address of the owner is Suite 100 21660 E. Copley Dr, Diamond Bar, CA 91765-4177 4. The nature of the interest or estate of the owner is; In fee. Of other than fee, stnke 'In fee' and insert, for example. "purchaser under contract of purchase," or 'lessee") 5. The fw, fames and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES None 6 A work of improvement on the prooerty hereinafter described was completed on October 26 , 1992 The work done will Concession stand addition. 7 The name of the contractor, if anyi for such work of improvement was Creative Homes _ October 26, 1992 (lf no contractor for work of improvement as a whole, Insert "none '.) (Date of Contract) 8. The property on which said work of improvement was completed is in the city of Diamond Bar County of Los Angeles , State of California, and s described as follows. Golden Springs Drive/Sylvan Glen Drive 9, The street address of said property Is 24142 E Sylvan Glen Drive if ,o street address has been officially assigned, Insert "none".) Dated: November 17, 1992. Venflcal,on for Indrndual Owner Signature of owner or corporate officer of owner named in paragraph 2 or nis agent VEAIHCAT10M I, the undersigned, say: I am the City Manager the declarant of the foregoing I" Presideat ow, "Manager of "A partner ot', "Owner of", etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing Is true and correct Executed on , 19at California. Date of signature.) (City where signed.) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) NOTICE 01 [rfM RL ETi r?N 1— 111—R1. 1 — p —:111 ]' , - -- — I've, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AND ENDORSING THE CANDIDACY OF PHYLLIS E. PAPEN FOR APPOINTMENT TO THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY WHEREAS, the Legislation of the State of California approved AB 152 and the Governor signed the legislation into law, which abolished the Los Angeles County Transportation Commission and the Southern California Rapid Transit District and in their stead created the Metropolitan Transportation Authority; and WHEREAS, the Los Angeles County Metropolitan Authority will include on its Board of Directors four seats that are to be selected by the Los Angeles County City Selection Committee; and WHEREAS, one of the seats on the Board of Directors of the Metropolitan Transportation Authority will be filled by a city council member who will represent the San Gabriel Valley sector; and WHEREAS, the San Gabriel Valley sector representative must provide the broadest and fairest representation of each and every city within the San Gabriel Valley; and WHEREAS, the candidacy of Mayor Pro Tem Phyllis E. Papen of the City of Diamond Bar represents the best possibility of fair and comprehensive representation of the entire San Gabriel Valley sector; and WHEREAS, Mayor Pro Tem Phyllis E. Papen has been actively involved in a variety of transportation organizations, including the San Gabriel valley Coalition on Transportation, Foothill 1 Transit System representative, North 57 Corridor/South County Transportation Planning, and was instrumental in creating the 4 - Corners Transportation Study efforts (OCTC, LACTC, SBTC, and RCTC). NOW, THEREFORE, BE IT RESOLVED, that the Diamond Bar City Council does hereby enthusiastically endorse and support the candidacy of Mayor Pro Tem Phyllis E. Papen for the appointment to the San Gabriel Valley Sector seat on the Board of Directors of the Metropolitan Transportation Authority. ADOPTED AND APPROVED this day of MAYOR . 1992. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: 2 LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF DIAMOND BAR -- AGENDA REPORT AGENDA NO,J TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1992 REPORT DATE: November 13, 1992 FROM: Terrence L. Belanger, City Manager TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE EXPANSION OF THE PUENTE HILLS LANDFILL AND THE DEVELOPMENT OF A MATERIALS RECOVERY AND RAIL LOADING FACILITY. SUMMARY: The Local Use Permit for the 22 -year old Puente Hills Landfill will expire on November 1, 1993. If the permit is not renewed the landfill will be forced to cease operations on November 2, 1993. The closure of Puente Hills will force current landfill users, including the City of Diamond Bar, to transport their wastes to other landfill facilities at a potentially higher cost. This will place an additional burden on the remaining landfills and could result in the premature closure of them as well. Moreover, the closure of Puente Hills could cost residents and businesses in Los Angeles County as much a $200,000,000 per year in higher transportation and landfill costs. If the expansion of the Puente Hills Landfill is approved, the landfill will be expanded by 130 acres, enlarging the landfill area from 530 to 660 acres. This will result in a continued disposal capacity of 12,000 tons per day (on a 6 day per week average) and will increase the operational life span of the landfill by approximately 20 years. RECOMMENDATION: It is recommended that the City Council approve the attached Resolution in support of the Puente Hills Waste Management Facility and that a copy of said Resolution be forwarded to the County Board of Supervisors and the County Sanitation Districts. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification _ Ordinances(s) _ Agreement(s) Other SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed ;IW EED BY: ence L. Belanger City Manager Troy Butzlaf Assis r to City Mang r by the City Attorney? _ Yes A No 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A —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: ;IW EED BY: ence L. Belanger City Manager Troy Butzlaf Assis r to City Mang r RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE EXPANSION OF THE PUENTE HILLS LANDFILL AND THE DEVELOPMENT OF A MATERIALS RECOVERY AND RAIL LOADING FACILITY A. Recitals. (i) California Public Resources Code Section 40002 requires that the City of Diamond Bar ensure that an effective and coordinated approach to the safe management of all solid waste generated within its jurisdictional boundaries is taken; and (ii) The California Integrated Waste Management Act of 1989 (Assembly Bill 939) requires that the City demonstrate adequate disposal capacity to accommodate current and projected solid waste generated within the City; and (iii) The City of Diamond Bar disposes of an estimated 54,698 tons of solid waste per year in several area landfills, including Spadra, Puente Hills and BKK; and (iv) While these landfills are meeting today's disposal needs, the largest one, Puente Hills, is scheduled to close down on November 2, 1993, unless its local use permit is extended and the landfill is allowed to expand; and (v) The closure of Puente Hills will force current landfill users to travel greater distances at a much higher cost in order to dispose of their solid waste. This will place an additional burden on the two remaining landfills and could force the premature closure of them as well; and (vi) It is estimated that the closure of Puente Hills could cost residents and businesses in Los Angeles County as much a $200,000,000 per year; and (vii) Out -of -County disposal of solid waste through a waste -by -rail system is still not a viable option and is difficult to predict when it may be available. More importantly, the higher cost of remote disposal combined with the potential loss of local influence over future solid waste disposal systems and costs dictate the need for maintaining disposal options within Los Angeles County; and (viii) The proposed Puente Hills Waste Management Facility would meet the challenges of diminishing landfill capacity by providing 12,000 tons per day of environmentally -sound landfill capacity for the next 20 years. Moreover, the proposed projects offers expanded opportunities for recycling which will assist cities in meeting their State mandated waste diversion goals. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1: That the continued operation and expansion of the Puente Hills Landfill is in the best interest of the community; and SECTION 2: That the simultaneous development of a material recovery and rail loading facility at the landfill site will provide additional jobs in the County and help foster recycling and source reduction programs; and SECTION 3: That the combined approach of the Puente Hills Waste Management Facility is necessary to provide safe, reliable, and responsible management of solid waste for the City both now and into the future. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF November, 1992. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 17th day of November, 1992 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 5 ? TO: Mayor and City Council MEETING DATE: November 17, 1992 REPORT DATE: November 13, 1992 FROM: Terrence L. Belanger, City Manager TITLE: Consideration of participation in the San Gabriel Valley Economic Advancement Project. SUMMARY: The Diamond Bar City Council has made as one of their highest priorities the formulation of an Economic Development Strategic Plan. One of the the foundational basis of the formation of an Economic Strategic Plan is the compilation of economic data defining the community's and industry's profile. This type of basic economic data development identifies existing businesses by their Standard Industrial Class (SIC) by category and number. The City of Diamond Bar has the opportunity to participate in the East San Gabriel Valley Economic Advancement Project, which is being coordinated by the Mount San Antonio College District. This data collection and analysis program will involve several cities and private sector organizations within the East San Gabriel Valley area. The cost of participating in the survey is $15,000. Monies for this project are a part of the 1992-93 Municipal Budget. RECOMMENDATION: It is recommended the City Council approve the City of Diamond Bar's participation in the East San Gabriel Valley Economic Advancement Project. Further, it is recommended to approve expenditure of $15,000 for participation in the project, Standard Industrial Class (SIC). LIST OF ATTACHMENTS:_x Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) _Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: VIEWE D BY. .1, L� errence L. Belanger City Manager WHEREAS, congratulations and citations are in order for SANDY HUGHES, for the saving of the RICHARD KEPLER on November 1, 1992; and WHEREAS, a catastrophe was avoided because of the skillful and quick response to danger and knowledge of life saving demonstrated by SANDY HUGHES; and WHEREAS, this courageous action in averting what could have been a tragic loss to family, friends, and community was an act of heroism which deserves special recognition by the governing body of this city; NOW, THEREFORE, BE IT RESOLVED that the sincere appreciation of the City Council and all the citizens at large of this community, are hereby extended to SANDY HUGHES for this heroic action. DATED: Mayor ATTEST: Lynda Burgess, City Clerk 41 cl�lk CU-, Y�A AGENDA ITEM NO. 6.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. I TO: Honorable Mayor and City Council MEETING DATE: November 17, 1992 REPORT DATE: November 12, 1992 FROM: Terrence L. Belanger, City Manager Linda G. Magnuson, Accounting Manager TITLE: Mid -Year Budget Amendment for Fiscal Year 1992-93 SUMMARY: Estimated Revenue and Appropriations modifications to reflect changes in the State budget and further refinement in the amounts budgeted. RECOMMENDATION: Approve mid -year budget amendment for Fiscal Year 1992-93 as presented. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Spec. (on file in City Clerk's Office) Ordinances(s) X Other - Mid -Year Budget Amendment Agreements) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 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? 3. Has environmental impact been assessed? _ Yes_ No 4. Has the report been reviewed by a Commission? _ Yes_ No Which Commission? 5. Are other departments affected by the report? _ Yes_ No Report discussed with the following affected departments: RE IEWED BY: Terrence L. Bela er Linda G. Mag u on City Manager Accounting Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1992 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Fiscal Year 1992-93 Mid Year Budget Amendment ISSUE STATEMENT: The City Council adopted Resolution 92-36 establishing the 1992-93 Fiscal Budget. Recognizing that the adopted budget is an ever changing document, it is necessary to monitor and evaluate its implementation during the course of the year. RECOMMENDATION: Staff is recommending that the City Council approve the proposed FY 92-93 Mid -Year Budget Amendment. DISCUSSION: On June 16, 1992 the City Council adopted the FY 92-93 budget via Resolution 92-36. The adopted budget estimated total General Fund revenues and resources to be $9,010,200 and the total appropriations to be $8,719,461, thus netting an estimated change in fund balance of $290,739. As changes have occurred due to the State's budget shortfalls and other changes have become necessary, staff is recommending an amendment to the FY 92-93 budget. The proposed amendment to the General Fund budget would increase revenues and resources to $9,321,700 and increase appropriations to $8,796,564, which would then net an estimated change in fund balance of $525,136. MAJOR CHANGES IN REVENUE ESTIMATES: Property Tax Revenue - Reduced by $126,000. This represents a 9% reduction as a result of the State budget cuts required by SB 617. Revenue From Other Agencies - Increased by $300,000. This increase is as a result of the proposed Prop A fund exchange with the City of Pasadena. Current Service Charges - Increased by $162,500. These revenues are being increased to more accurately reflect actual anticipated revenues. Revenues included in this category are from building and safety fees, planning and engineering fees, and recreation programs. Transfer -in Other Funds - Decreased by $38,000. This decrease is due to the reduction in street related expenditures. These expenditures would have been covered by a transfer in from the Gas Tax Fund. MAJOR CHANGES IN APPROPRIATIONS: City Manager Department - Increased by $50,200. During discussions regarding the City Manager's position, it was decided that the position of Assistant City Manager would be reconsidered after the City Manager's position was permanently filled. As a result, it is recommended that the City Manager's Department budget be increased to allow for the recruitment of an Assistant City Manager. City Clerk Department - Increased by $7,750. The increase in this department is to augment the professional services budget to allow for the hiring of a minute secretary. In addition additional budget is being requested to buy supplemental computer equipment to access the legislative history system. Planning Department - Decreased by $26,280. This decrease is due to the elimination of an intern position, as well as refinements in the anticipated expenditures for the various professional services accounts. Building and Safety Department - Increased by $48,000. The Building and Safety permit estimated revenues have been increased. Since the Building and Safety contract services amount is a function of the revenues collected, this budget should also be increased. Community Services Department - Increased by $46,823. This fiscal year, the City has taken responsibility for the administration of the Tiny Tots and Concerts in the Park programs. As a result, the contract amount with the City of Brea has been decreased by $44,000. Administration costs for these programs have been included in this proposed amendment. Another major component of the increase to Community Services budget is an allocation for the rental of school facilities for the recreation program ($50,000). Additionally, $9,000 is being requested to do turf enhancement at Peterson Park. Public Works Department - Decreased by $46,880. There are several components to the proposed decrease in the Public Works Department. The intern position has been eliminated. The crossing guard contract budget has been reduced to reflect a more realistic amount. There has been a reduction in the anticipated expenditures for street sweeping, road maintenance and curb/gutter repair. A pavement management system to improve street maintenance is being proposed. The anticipated cost of this system is $45,000. PREPARED BY: Linda G Magnuson CITY OF DIAMOND BAR PERSONNEL SUMMARY FISCAL YEAR 1992-93 POSITION _FULL TIME 1991-92 1992-93 Proposed Aptual Proposed ApRroved -City Manager 1 1 1 -Assistant City Manager 1 2 1 -Community Develop. Dir. 1 1 1 -Public Works Director 1 1 1 -Dir. of Community Services 0 0 1 -Director of Parks & Mtce. 1 1 0 -City Clerk 1 1 1 -Accounting Manager 0 0 1 -Assistant to City Manager 1 1 1 -Associate Plalnner 1 1 1 -Transportation Planner 0 0 0 -Associate Engineer 1 1 1 -Senior Accountant 2 2 1 -Supt of Parks & Mtce. 1 1 1 -Secretary to City Manager 1 1 1 -Administrative Assistant 1 1 1 -Deputy City Clerk 1 1 1 -Administrative Secretary 1 1 1 -Secretary 0 0 1 -Planning Technician 1 1 1 -Engineering Technician 1 1 1 -Administrative Analyst 1 1 1 -Code Enforcement Officer 1 1 1 -Maintenance Worker II 1 1 1 -Clerk Typist 1 1 1 -Jr. Clerk Typist 0 0 1 -Receptionist 0 �1 Totals 23 �1 23 _ 24 Account Clerk 1 1 Engineering Intern 2 1 Planning Intern 2 2 Administrative Intern �2 �1 Totals 7 4 0 0 0 1 CITY OF DIAMOND BAR GENERAL FUND BUDGET AMENDMENT F.Y. 1992-93 APPROPRIATIONS City Courtll Clt Cncll'.." City Council A' creed Amendment Arnet tw ESTIMATED RESOURCES 165,000 . Property Taxes 1,400,000 (126,000) 1,274,000 Other Taxes 2,760,000 7,750 2,760,000 State Subventions 2,531,000 2,531,000 Fines & Forfeitures 45,000 10,000 55,000 From Other Agencies 50,000 300,000 300,000 Current Svc Charge 590,000 162,500 752,500 Use of Money & Prop. 302,000 31000 305,000 Transfer -in Other Funds 922,200 (38,000) 884,200 Reserved Fund Balance 460,000 460,000 Total Est. Revenue 9,010,200 311,500 9,321,700 APPROPRIATIONS City Council 92,250 92,250 City Attorney 165,000 165,000 City Manager 247,000 50,190 297,190 City Clerk 168,975 7,750 176,725 Finance 197,150 197,150 General Government 233,900 233,900 Community Promotion 50,000 50,000 Planning 484,030 (26,280) 457,750 Building and Safety 172,000 48,000 220,000 Community Services 729,012 46,823 775,835 Sheriff 3,610,188 3,610,188 Fire 7,526 7,526 Animal Control 55,000 55,000 Emergency Prepardness 35,900 35,900 Public Wks/Engineering 1,599,030 (46,880) 1,552,150 Insurance 210,000 210,000 Transfer -Out Self Ins Fd 100,000 100,000 Transfer -Out Land Acq. 100,000 100,000 Transfer -Out Heritage Pk 460,000 460,000 Transfer -out H. Shuttle 2,500 (2,500) 0 Total Appropriations 8,719,461 77,103 8,796,564 NET CHANGE IN FUND BALANCE 290,739 234,397 525,136 -1- CITY OF DIAMOND BAR GENERAL FUND ESTIMATED REVENUES 1992-93 Current Svc. Charges: CI%yLiu11Gl#Cltyrluncll Building Fees: Approved; Jtmendment < Amended Property Taxes: 90,000 27,300 117,300 Current Secured 1,300,000 (117,000) 1,183,000 Current Unsecured 100,000 (9,000) 91,000 Supplimental Roll 6,400 2,100 8,500 Misc. Property Taxes 9,000 2,800 0 0 Interest, Pen. & Del. 0 Permit Issuance Fee 1,400,000 (126,000) 1,274,000 Other Taxes: 6,000 1,800 7,800 Sales Tax 2,000,000 24,500 2,000,000 Transient Occupancy 100,000 100,000 Franchise 600,000 600,000 Property Transfer 60,000 60,000 2,760,000 0 2,760,000 Subventions - State: Motor Veh-in Lieu 2,500,000 2,500,000 Mobile Home In -Lieu 0 0 Cigarette Tax 0 Homeowners Exemption 30,000 0 30,000 Off Highway Tax -11000 1,000 2,531,000 0 2,531,000 Fines & Forfeitures: General Fines 45,000 45,000 Impound Fees 10,000 10,000 From Other Agencies: 4 5,000 10,000 55,000 Intergovt. Revenue 300,000 300,000 0 300,000 300,000 Current Svc. Charges: Building Fees: Bldg Permits 90,000 27,300 117,300 Plumbing Permits 9,000 2,800 11,800 Electrical Permits 14,000 4,200 18,200 Mechanical Permits 6,400 2,100 8,500 Grading Permits 9,000 2,800 11,800 Industrial Waste Fee Permit Issuance Fee 15,000 4,500 0 19,500 Inspection Fees 6,000 1,800 7,800 Plan Check Fee 80,000 24,500 104,500 S M I P Fee 600 600 WAO CITY OF DIAMOND BAR GENERAL FUND ESTIMATED REVENUES 1992-93 Planning Fees: Environmental Fees Adv. Planning Fees Current Planning Fees Engineering Fees: Engr. Plan Check Fees Engr. Permit Fees Recreation Fees: Community Activities Athletics Fee Programs Contract Classes Special Event Fees Use of Money: Interest Earnings Returned Check Charges Sale/Printed Material Miscellaneous 17,000 8,500 25,500 3,000 1,500 4,500 30,000 15,000 45,000 40,000 2,000 42,000 70,000 3,500 73,500 12,000 12,000 55,000 62,000 117,000 18,000 18,000 107,000 107,000 8,000 8,000 590,000 162,500 752,500 300,000 300,000 0 2,000 3,000 5,000 0 302,000 3,000 305,000 Interfund Transfers 922,200 (38,000) 884,200 GENERAL FUND TOTAL -3- 8,550,200 311,500 8,861,700 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 SUPPLIES 1100 Office Supplies 11000 City Council 1200 Operating Supplies City Council 300 1300 Small Tools & Equip Approved Amendment Amended PERSONNEL SERVICES $0 $1,400 2125 Telephone 0010 Salaries 153,800 39,800 193,600 0020 Overtime Equipment Maint. 800 0 0030 Wages - Part time 19,800 1,000 19,800 0070 City Paid Benefits 1,800 268 2,068 0080 Benefits 24,200 6,250 30,450 0083 Worker's Comp Exp 4,300 400 4,700 0085 Medicare 3,800 580 4,380 0090 Cafeteria Benefits 18,800 2,892 21,692 $12,100 TOTAL PERSONNEL SVC $226,500 $50,190 $276,690 SUPPLIES 1100 Office Supplies 11000 11000 1200 Operating Supplies 300 300 1300 Small Tools & Equip 100 100 TOTAL SUPPLIES $1,400 $0 $1,400 OPERATING EXPENDITURES 2110 Printing 200 200 2115 Advertising 200 200 2120 Postage 0 2125 Telephone 600 600 2130 Equipment Rent 200 200 2200 Equipment Maint. 800 800 2310 Fuel 11000 1,000 2315 Membership & Dues 11000 1,000 2320 Publications 600 600 2325 Meetings 2,000 2,000 2330 Travel-Conf & Mtgs 3,000 3,000 2335 Mileage & Auto Allow 500 500 2340 Education & Training 2,000 2,000 TOTAL OPERATING EXP. $12,100 $0 $12,100 PROFESSIONAL SERVICES 4000 Professional Svcs 7,000 7,000 TOTAL PROF. SVCS. $7,000 $0 $7,000 CAPITAL OUTLAY 6230 Computer Equipment 0 TOTAL CAPITAL OUTLAY $0 $0 $0 DEPARTMENT TOTAL -4- $247,000 $50,190 $297,190 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 SUPPLIES 1100 Office Supplies 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2110 City Council City Council Advertising 2120 Approved Amendment Amended PERSONNEL SERVICES 2315 Membership & Dues 0010 Salaries 107,600 107,600 0020 Overtime 2335 0 0070 City Paid Benefits 1,700 1,700 0080 Benefits 17,000 17,000 0083 Worker's Comp. Exp. 1,100 1,100 0085 Medicare 1,600 1,600 0090 Cafeteria Benefits 16,700 16,700 TOTAL PERSONNEL SVC $145,700 $0 $145,700 SUPPLIES 1100 Office Supplies 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2120 Postage 2200 Equipment Maint. 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2335 Mileage & Auto Allow 2340 Education & Training 2390 Elections 500 TOTAL OPERATING EXP PROFESSIONAL SVC 4000 Publishing & Printing TOTAL PROF. SVCS 1,000 1,000 0 0 $1,000 $0 $1,000 4,000 4,000 0 150 150 350 (125) 225 125 (25) 100 150 150 1,500 (500) 1,000 500 500 500 (200) 300 5,000 51000 $12,275 ($850) $11,425 10,000 7,200 17,200 $10,000 $7,200 $17,200 CAPITAL OUTLAY 6230 Computer Equipment 1,400 1,400 TOTAL CAPITAL OUTLAY 0 1,400 1,400 DEPARTMENT TOTAL -5- $168,975 $7,750 $176,725 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part time 0070 City Paid Benefits 0080 Benefits 0083 Worker's Comp. Exp. 0085 Medicare 0090 Cafeteria Benefits 2320 TOTALPERSONNELSVC SUPPLIES 1100 Office Supplies 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2100 Photocopying 2110 Printing 2115 Advertising 2120 Postage 2130 Equipment Rent 2200 Equipment Maint. 2310 Fuel 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2335 Mileage & Auto Allow (11000) TOTAL OPERATING EXP PROFESSIONAL SERVICES 4000 Professional Svcs 4100 Commissioner Comp. 4110 Com. Comp - SEATAC 4210 Planning -Regional 4220 General Plan 4240 Environmental Svcs. 4,000 TOTAL PROF SVCS DEPARTMENT TOTAL City Council City Council Approved Amendment Amended 224,300 224,300 1,000 1,000 9,880 (9,880) 0 2,800 2,800 35,300 35,300 3,400 3,400 4,000 4,000 27,900 27,900 $308,580 ($9,880) $298,700 300 700 1,000 11000 1,000 50 50 $1,350 $700 $2,050 3,000 31000 4,000 4,000 500 (1,000) 500 40,000 500 500 500 (200) 300 400 (5,000) 400 500 500 1,000 400 400 1,500 (11000) 500 4,000 (1,000) 31000 100 100 200 $14,900 ($1,100) $13,800 10,000 10,000 7,200 7,200 2,000 (1,000) 1,000 40,000 (5,000) 35,000 50,000 (5,000) 45,000 50,000 (5,000) 45,000 $159,200 ($16,000) $143,200 $484,030 ($26,280) $457,750 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 CONTRACT SERVICES 5201 Bldg & Safety TOTAL CONTRACT SVCS DEPARTMENT TOTAL -7- City Council City Council Approved Amendment Amended 172,000 48,000 220,000 $172,000 $48,000 $220,000 $172,000 $48,000 $220,000 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 W -m City Council City Council Approved Amendment Amended OPERATING EXPENDITURES 2126 Utilities 13,200 13,200 2210 Maint-G rounds& Bldg 4,000 4,000 TOTAL OPERATING EXP $17,200 $0 $17,200 CONTRACT SERVICES 5300 Com. Svcs. contract 14,928 9,538 24,466 TOTAL CONTRACT SVC $14,928 $9,538 $24,466 DEPARTMENT TOTAL $32,128 $9,538 $41,666 W -m CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2126 Utilities 2210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC DEPARTMENT TOTAL City Council City Council Approved Amendment Amended 0 0 0 9,700 9,700 1,500 1,500 $11,200 $0 $11,200 11,940 430 12,370 $11,940 $430 $12,370 $23,140 $430 $23,570 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 OPERATING EXPENDITURES 2126 Utilities 2210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC DEPARTMENT TOTAL City Council City Council Approved Amendment Amended -10- 4,300 1,000 4,300 1,000 $5,300 $0 $5,300 4,980 180 5.160 $4,980 $180 $5,160 $10,280 $180 $10,460 CITY OF DIAMOND BAR DEPARtMENT: commur��Svcs ESTIMATED EXPENDITURES 1992-93 QtV[SIN Summitndge Pk /►CCQUNT 42g City Council City Council Approved Amendment Amended OPERATING EXPENDITURES 2126 Utilities 2210 Maint-Grounds & Bldg 13,350 13,350 TOTAL OPERATING EXP 3,500 $16,850 $0 3,500 $16,850 CONTRACT SERVICES 5300 Com. Svcs. contract 17,904 645 18,549 TOTAL CONTRACT SVC $17,904 $645 $18,549 DEPARTMENT TOTAL -11- $34,754 $645 $35,399 CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTIMATED EXPENDITURES DIVISION: Sycamore Park 1992-93 ACCOUNT #: 4331 City Council City Council Approved Amendment Amended OPERATING EXPENDITURES 2126 Utilities 5,400 5,400 2210 Maint-Grounds & Bldg 2,500 2,500 TOTAL OPERATING EXP $7,900 $0 $7,900 CONTRACT SERVICES 5300 Com. Svcs. contract 29,500 (4,000) 25,500 TOTAL CONTRACT SVC $29,500 ($4,000) $25,500 DEPARTMENT TOTAL $37,400 ($4,000) $33,400 -12- CITY OF DIAMOND BAR DEPARTMENT: Community Svcs ESTIMATED EXPENDITURES DIVISION: Recreation 1992-93 ACCOUNT #: 4350 City Council City Council Approved Amendment Amended PERSONNEL SERVICES 0010 Salaries 43,100 43,100 0030 Wages - Part Time 17,380 17,380 0070 City Paid Benefits 600 600 0080 Benefits 6,800 6,800 0083 Worker's Comp. Exp. 1,400 1,400 0085 Medicare 700 1,100 1,800 0090 Cafeteria Benefits 5,800 5,800 TOTAL PERSONNEL SV 58,400 18,480 76,880 SUPPLIES 1200 Operating Supplies 13,950 6,050 20,000 1300 Small Tools & Equip 0 TOTAL SUPPLIES $13,950 $6,050 $20,000 OPERATING EXPENDITURES 2110 Printing 2140 Rent/Lease of Prop. 20,000 50,000 70,000 2325 Meetings 1,800 1,800 TOTAL OPERATING EXP $21,800 $50,000 $71,800 CONTRACT SERVICES 5300 Com. Svcs. contract 319,000 (44,000) 275,000 5305 Concerts in the Park 9,500 9,500 TOTAL CONTRACT SVC $319,000 ($34,500) $284,500 PROFESSIONAL SVCS 4100 Commissioner Comp 4,800 4,800 TOTAL PROF SVCS 4,800 0 4,800 DEPARTMENT TOTAL $417,950 $40,030 $457,980 -13- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 SUPPLIES 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXP. 2210 Postage 2125 Telephone 2130 Equipment Rent 2315 Membership & Dues 2340 Education & Training TOTAL OPERATING EXP PROFESSIONAL SVCS 4040 Emergency Co-ord TOTAL PROF SVCS DEPARTMENT: Public Safety DIVISION: Emergency Prep ACCOUNT #: 4440 City Council City Council Approved Amendment Amended 7,400 (2,900) 4,500 $7,400 ($2,900) $4,500 0 0 0 3,000 3,000 6,000 (5,000) 1,000 $6,000 ($2,000) $4,000 15,000 7,400 22,400 15,000 7,400 22,400 CAPITAL OUTLAY 6240 Communications Eq. 2,500 2,500 6310 Building Imprvmnt 5,000 (2,500) 2,500 TOTAL CAPITAL OUTLAY 7,500 (2,500) 5,000 DEPARTMENT TOTAL $35,900 -14- $0 $35,900 CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 City Council City Council Approved Amendment Amended PERSONNEL SERVICES 0010 Salaries 225,000 225,000 0030 Wages - Part time 91880 (9,880) 0 0070 City Paid Benefits 2,800 2,800 0080 Benefits 35,400 35,400 0083 Worker's Comp Exp. 2,400 2,400 0085 Medicare 4,100 4,100 0090 Cafeteria Benefits 27,900 27,900 200 TOTAL PERSONNEL SVC $307,480 ($9,880) $297,600 SUPPLIES 1100 Office Supplies 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES 3,000 3,000 2,000 2,000 0 $5,000 $0 $5,000 OPERATING EXPENDITURES 2120 Postage 1,000 1,000 2125 Telephone 1,000 1,000 2315 Membership & Dues 0 2320 Publications 700 700 2325 Meetings 600 600 2330 Travel-Conf & Mtgs. 1,500 (500) 1,000 2335 Mileage 200 200 2340 Education & Training 2,000 (500) 1,500 TOTAL OPERATING EXP. $7,000 ($1,000) $6,000 CONTRACT SERVICES 5500 Cont Svcs -Public Wks 0 5530 Cont Svc -Ind Waste 10,000 10,000 TOTAL CONTRACT SVCS $10,000 $0 $10,000 CAPITAL OUTLAY 6200 Office Equipment 5,000 (1,000) 4,000 TOTAL CAPITAL OUTLAY $5,000 ($1,000) $4,000 DEPARTMENT TOTAL $334,480 ($11,880) $322,600 -15- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1992-93 OPERATING EXPENDITURES 2110 City Council City Council 1,200 Approved Amendment Amended PERSONNEL SERVICES 2,000 0010 Salaries 0 0030 Wages - Part Time 0 0070 City Paid Benefits 0 0080 Benefits 0 0083 Worker's Comp Exp. 0 0085 Medicare 0 0090 Cafeteria Benefits 0 TOTAL CONTRACT SVCS TOTAL PERSONNEL SVC $0 $0 $0 OPERATING EXPENDITURES 2110 Printing 1,200 1,200 2115 Advertising 2,000 2,000 2315 Membership & Dues 500 500 2335 Mileage 1,000 1,000 5226 TOTAL OPERATING EXP. $4,700 $0 $4,700 CONTRACT SERVICES 5221 Cont Svc -Engineering 10,000 10,000 5222 Cont Svc -Traffic 0 5223 Cont Svc -Plan Check 60,000 60,000 5224 Cont Svc -Soils 25,000 25,000 5226 Cont Svc -Surveying 10,000 (5,000) 5,000 5227 CS -Inspection (CIP) 20,000 20,000 5514 Cont Svc -Mapping Svc 3,000 (1,000) 2,000 TOTAL CONTRACT SVCS $128,000 ($6,000) $122,000 DEPARTMENT TOTAL $132,700 ($6,000) $126,700 -16- CITY OF DIAMOND BAR DEPARTMENT. Public Works ESTIMATED EXPENDITURES DIVISION: Traffic & Trans 1992-93 ACCOUNT #: 4553 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part Time 0070 City Paid Benefits 0080 Benefits 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits TOTAL CONTRACT SVCS TOTAL PERSONNEL SVC SUPPLIES 1100 Office Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2126 Utilities 2315 Membership & Dues 2320 Publications 0 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 4000 Professional Svcs 4100 Commissioner Comp TOTAL PROF SVCS CONTRACT SERVICES City Council City Council Approved Amendment Amended $0 $0 0 0 0 0 0 0 0 0 $0 0 $0 $0 $0 500 500 100 100 20,000 20,000 200 200 70,000 0 $20,800 $0 $20,800 2,000 2,000 3,600 3,600 $5,600 $0 $5,600 5222 Cont Svc -Traffic 37,000 37,000 5506 CS-Stp/Mrk/Sign-New 30,000 (5,000) 25,000 5507 CS -Traffic Signals 70,000 70,000 5531 CS -Crossing Guards 90,000 (20,000) 70,000 TOTAL CONTRACT SVCS $227,000 ($25,000) $202,000 DEPARTMENT TOTAL $253,400 ($25,000) $228,400 -17- CITY OF DIAMOND BAR DEPARTMENT: Public Works i ESTIMATED EXPENDITURES DIVISION: Public Works 1992-93 ACCOUNT #: 4555 OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2120 Postage 2126 Utilities 2130 Equipment Rent 2315 Membership & Dues 5504 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 4230 Prof Svc-Pavemnt Mgt TOTAL PROF SVCS CONTRACT SERVICES 5221 CS -Engineering 5227 CS -Inspection 5500 CS -Public Works 5501 CS -Street Sweeping 5502 CS -Road Maint 5503 CS -Pkwy Maint 5504 CS-Sidewlk InsplRep 5505 CS-Crb/Gutter Repair 5506 CS-Strping/Prkg/Sign 5508 CS -Vegetation Cntrl 5509 CS -Tree Trimming 5510 CS -Tree Watering 5512 CS -Storm Drainage 5513 CS -Bridge Maint 5518 CS -Storm Damage 5520 CS -Graffiti Removal 5530 CS -Industrial Waste TOTAL CONTRACT SVCS City Council City Council Approved Amendment Amended City Council City Council Approved Amendment Amended 500 500 500 500 200 200 0 0 250 250 $1,450 $0 $1,450 10,000 45,000 55,000 $10,000 $45,000 $55,000 5,000 10,000 168,000 300,000 15,000 50,000 70,000 30,000 65,000 100,000 25,000 10,000 5,000 2,000 12,000 9,000 (18,000) (30,000) (10,000) 5,000 10,000 9,000 150,000 270,000 15,000 50,000 60,000 30,000 65,000 100,000 25,000 10,000 5,000 2,000 12,000 0 $867,000 ($49,000) $818,000 DEPARTMENT TOTAL $878,450 ($4,000) $874,450 Amendment to Agenda item /.i CITY OF DIAMOND BAR PERSONNEL SUMMARY FISCAL YEAR 1992-93 FULL TIME 1991-92 Proposed Actual 1992-93 -City Manager 1 1 1 -Assistant City Manager 1 1 1 -Community Develop. Dir. 1 1 1 -Public Works Director 1 1 1 -Dir. of Community Services 0 0 1 -Director of Parks & Mtce. 1 1 0 -City Clerk 1 1 1 -Accounting Manager 0 0 1 -Assistant to City Manager 1 1 1 -Associate Planner 1 1 1 -Transportation Planner 0 0 1 -Associate Engineer 1 1 1 -Senior Accountant 2 2 1 -Supt of Parks & Mtce. 1 1 1 -Secretary to City Manager 1 1 1 -Administrative Assistant 1 1 1 -Deputy City Clerk 1 1 1 -Administrative Secretary 1 I 1 -Secretary 0 0 1 -Planning Technician 1 1 1 -Engineering Technician 1 1 1 -Administrative Analyst 1 1 1 -Code Enforcement Officer 1 1 1 -Maintenance Worker II 1 1 1 -Clerk Typist 1 1 1 -Jr. Clerk Typist 0 0 1 -Receptionist _ 1 i 0 Totals 23 23 25 M•-.-__ -.0- Account Clerk 1 1 0 Engineering Intern 2 1 0 Planning Intern 2 2 0 Administrative Intern _2 1 _ 1 Totals 7 4 1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.' -7..;2 - TO: . .;2- TO: Honorable Mayor and Members of the City Council MEETING DATE: November 17, 1992 REPORT DATE: November 13, 1992 FROM: Terrence L. Belanger, City Manager TITLE: Municipal Solid Waste Collection, Disposal and Recycling Contract SUMMARY: On November 3, 1992, staff presented, for the Council's consideration, an exclusive franchise agreement with Western Waste Industries for the provision of solid waste collection, disposal and recycling services within the incorporated City boundaries and the matter was continued to the City Council meeting of November 17, 1992. The matter of solid waste and collection has been evaluated by staff and the Council Subcommittee for Solid Waste. As a result of discussions with the members of the Chamber of Commerce, representatives of the proposed exclusive franchisee, and others, the Subcommittee has recommended the matter of solid waste and collection for the City of Diamond Bar be agendized for the City Council's consideration. (narrative continued on second page) LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) X Agreement(s) Other 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? MAJORITY 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? Which Commission? Council Subcommittee 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager Troy L: Butzlaff Assistant to the City Manager X Yes No Yes No X Yes No _ Yes X No 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 The City Council should: (1) terminate the current selection process; and (2) issue non-exclusive contracts to any qualified solid waste contractor meeting the requirements and standards set forth by the City. •; Option II (a) Select a contract term from one of the following alternatives: (i) Five (5) year term no extension provisions. Six (6) year term with a one (1) year six (6) month discontinuance period. 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. -OR- Option III 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. NCPAL SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICES CONTRACT An A Betwom the City of Dhvnond Bar and Western Waste MANswi blies for the :oWW 04 Tranwortadon Recyai CwpmdS and Dkposaf of Sold Waste, Racy a and CwWstobfo Material TABLE OF CONTENTS SECTION PAGE SECTION 1. GRANT OF EXCLUSIVE FRNACHISE FOR COMMERCIAL, RESIDENTIAL, CONSTRUCTION, INDUSTRIASL, AND TEMPORARY BIN SERVICES 3 SECTION 2. DEFINITIONS 3 SECTION 3. ACCEPTANCE; WAIVER 5 SECTION 4. FRANCHISE AREA 6 SECTION 5. SERVICES PROVIDED BY GRANTEE 6 SECTION 6. FRANCHISE FEES 9 SECTION 7. REIMBURSEMENT OF CITY EXPENSES 9 SECTION 8. PERFORMANCE DEPOSIT 9 SECTION 9. TERM: EXTENSIONS 10 SECTION 10. FRANCHISE TRANSFERRABLE: CITY CONSENT REQUIRED 10 SECTION 11. FRANCHISE TRANSFER; FEES 10 SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION 10 SECTION 13. MEDIATION PROCEDURE 12 SECTION 14. CITY'S ADDITIONAL REMEDIES 14 SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY 14 SECTION 16. PRIVACY 14 SECTION 17. REPORTS AND ADVERSE INFORMATION 16 SECTION 18. PUBLIC INFORMATION AND EDUCATION 16 SECTION 19. ANNUAL REVIEW OF PERFORMANCE 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 AND QUALITY OF SERVICE 16 SECTION 20. SYSTEM AND SERVICES REVIEW 17 SECTION 21. COMPENSATION 17 SECTION 22. COLLECTION EQUIPMENT 19 SECTION 23. PUBLIC ACCESS TO GRANTEE 20 SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS 20 SECTION 25. OWNERSHIP OF SOLID WASTE 21 SECTION 26. INDEMNIFICATION AND INSURANCE 22 SECTION 27. GRANTEE'S BOOKS AND RECORDS: AUDITS 23 SECTION 28. GENERAL PROVISIONS 24 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 OF DIAMOND BAR 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 CAB 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 of Diamond Bar (hereinafter, "Ordinance 2-90") and California Public Resources Code Section 40059(a)(1) for 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. DRAFT AGREEMENT III - JULY 14, 1992 4 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 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 by: (i) any landfill fees paid to a landfill operator; and (ii) the amount of any bad debts incurred by the grantee 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 DRAFT AGREEMENT III - JULY 14, 1892 5 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 or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. O. "Industrial Waste" means all solid waste and semi-solid waste which results from industrial processes and manufacturing operations. 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 materials, used motor oil and such other materials designated by City's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other 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 of domestic garbage and rubbish which originate from residential properties which utilize one or more individual 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 DRAFT AGREEMENT III - JULY 14, 1992 n 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 location, which utilizes one or more individual residential type solid waste containers. 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 any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. SECTION 4. FRANCHISE AREA. A. Franchise Area Defined. The Franchise Area granted by this Franchise shall be all residential, commercial, industrial, and construction premises as set forth in Exhibit "A". As provided below, the Franchise Area may be changed by annexation. B. Annexation Covered by Existing 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. SECTION 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. Single Familv Residential. DRAFT AGREEMENT III - JULY 14, 19D2 7 During the first year of this Frulia;ili5e Agreement,, Gru"jee sriall Collect, Una 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 Subscriber as defined in Section 21. 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. 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. (1) Weekly Service. Once each week Grantee shall collect the Solid Waste, Compostables and Recyclables (except Bulky Wastes and Special Wastes) which have 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. Commercial, Industrial, and Multi -Family Residences Grantee shall collect and remove solid wastes and recyclables that have been placed in bins, from all commercial, industrial, and multi -family residences within the City at least once every week or more frequently if required to handle the waste stream of the premises where the bins are located. Grantee DRAFT AGREEMENT III - JULY 14, 1992 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 -Family Weekly 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 the solid waste (except household hazardous waste), and recyclables (including bulky items which have been placed in a closed bin) which have been placed for collection in solid waste or recycling bins. 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 Weekly 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 the solid waste and recyclables which have been placed for collection in solid waste or recycling bins. (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/Rolloff Services. 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: DRAFT AGREEMENT 111- JULY 14, 1992 9 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. 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 DRAFT AGREEMENT III - JULY 14. 1982 13 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 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 hearing officer 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 DRAFT AGREEMENT III - JULY 14, 1992 14 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 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 DRAFT AGREEMENT III - JULY l4, 1992 15 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 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 DRAFT AGREEMENT III - JULY 14, 1992 16 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. The mediator shall conduct a hearing according to California Code of Civil Procedure Section 1280, et sea. The exclusive venue shall be in Los Angeles County, California. 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 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 DRAFT AGREEMENT III - JULY 14, 1992 17 shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties; provided that if either party notifies the hearing officer that a material violation of the Franchise or rights in connection therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283.05 shall apply. 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 hearing officer 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, 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 DRAhT AGREEMENT III - JULY 14, 1992 18 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 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. DRAFT AGREEMENT III - JULY 14, 1992 19 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; (d) Summaries of tonnages, using an approved sampling methodology, of each material sold or otherwise exchanged for processing, by material type; DRAFT AGREEMENT III - JULY 14, 1992 20 (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. (4) A copy of each of Grantee's annual and other periodic public financial DRAFT AGREEMENT III - JULY 14, 1992 21 reports and those of its parent,, subsidlary find UM11Uted corporation ana 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 DRAFT AGREEMENT III - JULY 14, 1992 22 of Performance and Quality of Service as provided for in Section 19, above. 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 939's 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 fined 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 DRAFT AGREEMENT III - JULY 14, 1992 23 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: 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) 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 Reeardina 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 DRAFT AGREEMENT III - JULY 14, 1992 24 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 madeno more than one (1) month 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 (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 DRAFT AGREEMENT III - JULY 14, 1992 25 payment of the delinquent fees, Grantee may charge a rectelivery fee, as set forth 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 DRAFT AGREEMENT III - JULY 14, 1982 26 preparedness containers, and the residential container designated as the refuse container shall display the following decal: "Reduce -Reuse - Recycle: It's Evervones' Responsibility." The decal on the residential refuse container shall be located on the side of the container 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. DRAFT AGREEMENT III - JULY 14, 1992 27 A. The Grantee shall notify customers uf this complaint armtration proceaure 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 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 DRAFT AGREEMENT III - JULY 14, 1882 M. 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 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. DRAFT AGREEMENT III - JULY 14, 1992 29 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 DRAFT AGREEMENT III - JULY 14, 1992 c entire term of this Franchise a Broacl 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: (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 Coveraze. 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 DRAFT AGREEMENT III - JULY 14, 1882 31 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. 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. DRAFT AGREEMENT III - JULY 14, 1992 32 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 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. [. 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 DRAFT AGREEMENT III - JULY 14, 1992 33 shall be in writing and mhall be personally aeilverea or sent dy telecopler 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, Acting 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: 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. DRAFT AGREEMENT III - JULY 14, 1992 34 (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 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. DRAFT AGREEMENT III - JULY 14, 1992 W WITNESS the execution of this Franchise on the day and year written above. Mayor ATTEST: City Clerk DRAFT AGREEMENT III - JULY 14, 1992 APPROVED AS TO FORM: 0-1 City Attorney 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: DRAFT AGREEMENT Hi - JULY 14, 1992 37 CORPORATE SEAL EXHIBIT A FRANCHISE AREA All portions of the City shown on the map attached as Exhibit A-1. DRAFT AGREEMENT III - JULY 14, 1992 38 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. DRAFT AGREEMENT III - JULY 14, 1992 39 EXHIBIT C RECYCLING PROGRAM A. Grantee agrees that it will cause at least twenty-five percent (250/0) 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 93911). 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 34 -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 (500/0) 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 DRAFT AGREEMENT III - JULY 14, 1992 40 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. 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". DRAFT AGREEMENT III - JULY 14, 1992 41 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. DRAFT AGREEMENT III - JULY 14, 1992 42 (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 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. DRAFT AGREEMENT III - JULY 14, 1882 43 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 DRAFT AGREEMENT III - JULY 14, 1992 44 2 x week $75.00 3B. Industrial/Rolloff Container Recycling (Designated Items - Per Dropoff) 40, 10 cubic yard $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. 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% DRAFT AGREEMENT III - JULY 14, 1992 45 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) INDUSTRL4 L/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 $.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 $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. DRAFT AGREEMENT 111- JULY 14, 1992 46 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. DRAFT AGREEMENT III - JULY 14, 1882 47 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 representatives 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' Responsibility." 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 DRAFT AGREEMENT III - JULY 14, 1992 48 message to the public to encourage participation. C. Technical Information Sheet The Grantee shall prepare a technical information sheet which explains the operation of the their services, the delivery schedule for bins and containers (where necessary), material preparation, the garbage/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 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 measurably increase their awareness of waste reduction and recycling; DRAFT AGREEMENT III - JULY 14, 1992 49 fluctuation in recycling volumes and participation rate corresponding to the Grantees' promotional 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. DRAFT AGREEMENT III - JULY 14, 1992 60 TABLE OF CONTENTS SECTION PAGE SECTION 1. GRANT OF FRANCHISE FOR COMMERCIAL, RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND TEMPORARY BIN SERVICES ....................... 4 SECTION 2. DEFINITIONS ..................................... 4 SECTION 3. ACCEPTANCE: WAIVER........... ................. 7 SECTION 4. FRANCHISE AREA ................................... 7 SECTION 5. SERVICES PROVIDED BY GRANTEE ..................... 7 SECTION 6. FRANCHISE FEES11 SECTION 7. REIMBURSEMENT OF CITY EXPENSES ................... 11 SECTION 8. PERFORMANCE DEPOSIT .............................. 12 SECTION 9. TERM: EXTENSIONS.........12 ........................ SECTION 10. FRANCHISE TRANSFERRABLE: CITY CONSENT REQUIRED ................................. 13 SECTION 11. FRANCHISE TRANSFER: FEES ........................ 13 SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION ............. 13 SECTION 13. MEDIATION PROCEDURE .............................. 17 SECTION 14. CITY'S ADDITIONAL REMEDIES ....................... 18 SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY....... 18 SECTION 16. PRIVACY .......................................... 19 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 ....................... 22 SECTION 21. COMPENSATION ..................................... 22 SECTION 22. COLLECTION EQUIPMENT ............................. 24 SECTION 23. PUBLIC ACCESS TO GRANTEE ......................... 25 SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS....... 26 SECTION 25. OWNERSHIP OF SOLID WASTE......................... 26 SECTION 26. INDEMNIFICATION AND INSURANCE.................... 27 SECTION 27. GRANTEE'S BOOKS AND RECORDS: AUDITS.............. 29 SECTION 28. GENERAL PROVISIONS ............................... 29 EXHIBIT A FRANCHISE AREA EXHIBIT B SPECIAL WASTES EXHIBIT C RECYCLING PROGRAM EXHIBIT D YARDWASTE PROGRAM EXHIBIT E SCHEDULE OF CHARGES EXHIBIT F PUBLIC INFORMATION AND EDUCATION AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND 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 ("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 a franchise be awarded to a qualified solid waste enterprise for the collection or disposal, or both, of garbage, waste, refuse, offal, trimmings, or other refuse matter under the terms and conditions that are prescribed by resolution or ordinance; and WHEREAS, pursuant to California Public Resources Code Section 49300, as amended from time to time, or any successor provision or provisions thereto, the City Council may contract for solid waste collection, recycling, composting and disposal services in residential, commercial, construction and industrial areas in the City of Diamond Bar; and WHEREAS, the City Council has heretofore adopted Ordinance 2 (1990) which establishes standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; WHEREAS, pursuant to Section 4 of said Ordinance, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish or other solid waste is a service to be performed in the City in accordance with the provision of this Ordinance; and WHEREAS, Pursuant to this Ordinance the City Council may from time to time issue permits to those parties meeting the criteria set forth by this Ordinance and such standards as may be established by resolution of the City Council regarding the collection of refuse, rubbish and other forms of solid waste. So long as any such permit remains in force, the collection of material provided for herein may be made only in accordance with the terms and conditions thereof; and WHEREAS, City and are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including AB 939, Draft Franchise (Non-Erdusive) - November 12, 1992 the Resource Conservation and Recovery Act and the Comprehensive Envlronmental xesponse, Compensation and Liability Act ("CERCLA"); and WHEREAS, City and desire to leave no doubts as to their respective roles, and that by entering into this agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in CERCLA s 107(a)(3), and that it is , 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 finds and determines that the storage, accumulation, collection and disposal of solid waste and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance and other problems affecting the health, welfare and safety of the residents of Diamond Bar and surrounding communities. The City Council further declares that this Agreement is designed to eliminate or alleviate such problems through the comprehensive regulation of collection, recycling and disposal of solid waste services performed within the City; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: wwoRmalmnew This Franchise Agreement grants a solid waste franchise (hereinafter, "Franchise") as defined in SECTION 2., below, to , pursuant to Ordinance No. 2 (1990) of the City of Diamond Bar (hereinafter, "Ordinance 2-90") and California Public Resources Code Section 40059(x)(1) for 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. 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; Draft Franchise (Non-Fxc4Wve) - November 12, 1992 4 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 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" or "Permit" means the 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" or "Permittee" means , the entity granted the Franchise pursuant to this Franchise Agreement. M. "Gross Revenues" means any and all revenue or compensation in any form derived directly Draft Franchise (Non-ExchWve) - November 12, 1992 5 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 by: (i) any landfill fees paid to a landfill operator; and (ii) the amount of any bad debts incurred by the grantee 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 sea., or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. ss 9601 gl Mq, 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 or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. O. "Industrial Waste" means all solid waste and semi-solid waste which results from industrial processes and manufacturing operations. P. "Multi -Family Residences" means residential units such as apartments, condominiums and townhomes, other than Single Family Dwellings, which utilize bins or other containers, 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 materials, used motor oil and such other materials designated by City's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other 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 of domestic garbage and rubbish which originate from residential properties which utilize one or more individual residential type solid waste containers, including any household hazardous waste which may be found to have been placed in the residential solid waste stream. Draft Franchise (Non-Erchaive) - November 12, 1992 6 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 location, which utilizes one or more individual residential type solid waste containers. Z. "Special Wastes" shall mean all the items and materials which are set forth in Exhibit "B," "Special Waste". • WI0Q*;WIAVJAA 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 any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. SECTION 4. FRANCHISE AREA. A. Franchise Area Defined. The Franchise Area granted by this Franchise shall be all residential, commercial, industrial, and construction premises as set forth in Exhibit "A". As provided below, the Franchise Area may be changed by annexation. B. Annexation Covered by Existing 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. SECTION 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. Draft Franchise (Non -Exclusive) - November 12, 1992 7 B. Single Family 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 with variable sized containers for the collection of refuse. The Grantee shall provide the following sized containers to each Residential Subscriber: a maximum of one (1) 101 -gallon container or suitable alternative; or minimum of one (1) 64 -gallon container or suitable alternative for the collection of refuse. Nothing in this Section shall prohibit a Residential Subscriber from utilizing their own containers provided that said containers do not exceed the maximum container specifications, either individually or combined, as set forth by this Section. 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. (1) Weedy 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. The Grantee shall file and maintain a schedule of charges for special waste collection services with the Office of the City Clerk. (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, including a listing of accounts, upon the effective date of this Franchise. C. Commercial. Industrial. and Multi -Family Residences. Grantee shall collect and remove solid wastes that have been placed in bins, from all commercial, industrial, and multi -family residences within the City 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 Draft Franchise (Non -Exclusive) - November 12, 1992 8 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 -Family Weeldy 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 (including bulky items which have been placed in a closed bin) which has been placed for collection in solid waste bin. (2) Commercial and Industrial Weekly 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, including a listing of accounts, upon the effective date of this Franchise. D. Construction and TempQma Bin/Rolloff Services. Grantee shall provide construction and temporary bin/rolloff services according to the schedule of charges for these services. A copy of this schedule shall be on file with the Office of the City Clerk and incorporated herein as 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. cycling_ Program. The Grantee shall provide recycling services in the Franchise Area in accordance with the terms set forth in Exhibit "C", and according to the schedule of charges as set forth in Exhibit "E." G. Used Motor Oil. Grantee, at Grantees' sole expense, shall, upon request, provide one (1) reusable container or suitable alternative, to their Residential Subscribers 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 Drgft Franchise (Non -Exclusive) - November 12, 1992 9 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 Exhibit "D." I. Holiday Tree Recycling. Grantee shall collect, transport and recycle as mulch all Holiday trees which are placed at the curbside, from their Residential Subscribers 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. The Grantee shall file and maintain a schedule of charges for special waste services with the Office of the City Clerk. K. Bulky Goods Pick -UR, 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 no less than four (4) 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. Grantee shall, upon request, negotiate special pickup procedures and fees for bulky goods set out at the curb between scheduled collection events as set forth by this Section. 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 Drat Franchise (Non-ExchWve) - November 12, 1992 10 Grantee shall provide this service based on their proportional ratio of Residential and Commercial Subscribers as determined by the City on the effective date of the Franchise and as reviewed and set by the City each anniversary date thereafter. M. Pick -Up of Illegally DumWd BuI4 Goods. Grantee agrees, at no additional charge, to provide on -demand pick-up of illegally -dumped bulky goods within two (2) calendar days of City's requests. Grantee shall be required to provide this service according to a rotational schedule established by the City Manager. N. Clean uv 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. Grantee shall be required to provide this service according to a rotational schedule established by the City Manager. O. Disaster Preparedness Containers. Grantee shall, at no additional charge, provide, at a minimum, one (1) container of a size suitable to store all necessary supplies and equipment that may be needed in the event of a disaster to the City and all public schools within Franchise Area. The location and number of additional containers shall be determined by the City Manager and provided by Grantee based on their proportional ratio of Residential Subscribers as determined by the City on the effective date of the Franchise and as reviewed and set by the City each anniversary date thereafter. 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. AB 939 COMPLIANCE The Grantee shall remit a AB 939 Compliance Fee ofIBX percent (06%) of the Grantee's Gross Revenues, less landfill fees, 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 Draft Franchise (Non -Exclusive) - November 12, 1992 11 by prepaid application fees, not to exceed Ten Thousand Dollars ($10,000). Wig• � •' � � '•. � A. Compliance Bond. Contemporaneously with the execution of this Franchise the Grantee shall furnish a Compliance Bond in. the sum of One Million Dollars ($1,000,000.00). Said bond shall be secured from a surety company satisfactory to the City and on terms acceptable to the City Attorney. This bond shall be issued for a period of not less than one (1) year and shall renewed and filed with the Office of the City Clerk at least thirty (60) days prior to the termination date of the bond then in effect. The Compliance Bond shall serve as security that the Grantee has faithfully and fully performed its obligations under this Franchise and shall serve to indemnify the City against any loss resulting fron any failure of performance by the Grantee. Failure of the Grantee to furnish and maintain said Compliance Bond shall be considered a material breach of this Franchise Agreement and grounds for the immediate termination of the Grantee as set forth in Section 12-13 below. B. Faithful Performance Desnosit. Concurrent with the execution of this Franchise and maintained throughout its duration, Grantee shall desposit with the Office of the City Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable case desposit payable to City, in the amount of Ten Thousand Dollars ($10,000.00), in the form approved by the City Attorney, guaranteeing Grantee's faithful performance of the terms of this Franchise Agreement. (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 faithful performance deposit to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn. SECTION 9. TERM: EXTENSIONS. 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 Drgfl Franchise (Non-Eidwive) - November 12, 1992 12 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. SECTION 10. FRANCHISE TRANSFERRABLE: CITY CONSENT RWUIIRED. 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. 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: FE 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. Draft Franchise (Non-Fxciluive) - November 12, 1992 13 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 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. D - ft Franchise (Non-Erdusive) - November 12, 1992 14 (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 faithful 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 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. (6) 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. TEMPORARY DEFAULT BY GRANTEE. In addition to any other remedies provided in this Franchise Agreement, where Grantee, for any reason, abandons or ceases to perform collection and disposal services for a period in excess of five (5) working days, and the City Manager determines that it is necessary for solid waste collection and disposal to be temporarily undertaken by City, or other entities engaged by City, City shall: (1) notify Grantee by Certified Mail that Grantee has failed to perform solid waste collection and disposal services in accordance to this Franchise Agreement for a period in excess of five (5) working days, and of City's intent to temporarily provide such services at Grantee's expense and with the use of Grantee's equipment; (2) be entitled to the use of Grantee's equipment during such time as City assumes Grantee's collection and disposal obligations under this Franchise Agreement or assign entities engaged by the City for such purpose; (3) have access to Grantee's records for the purposes of billing, and shall have the right to retain or assign all payments and funds received for the period during which City, or entities engaged by City, provide services; and Draft Franchise (Non-ErchWve) - November 12, 1992 15 (4) charge Grantee for the actual costs of such services as determined by City's standard accounting practices, and the sum of Seven Hundred and Fifty Dollars ($750.00) for each calendar day during which City, or entities engaged by City, performs such service. During any period which City, or entities engaged by City, assumes Grantee's collection and disposal obligations pursuant to this Section, the liability of City to Grantee for loss or damage to any of the Grantee's equipment used by the City shall be that of a bailee for hire, ordinary wear and tear expected. If Grantee is in temporary default under this Section for a period of more than (14) calendar days, City shall have the right to terminate this Agreement pursuant to Section 12H below. G. 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 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_($75 ) 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 faithful performance deposit required by Section 813, 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 Draft Franchise (Non -Exclusive) - November 12, 1992 16 H. withdraw them from the security fund established by the faithful performance deposit required by Section 8B, above, order the termination of the Franchise granted by this Franchise, or both. TERMINATION. (1) This Franchise may be terminated by either party, with or without cause, by providing ninety (90) days written notice to the other party. The termination shall be effective on the ninety-first (91st) day. (2) Grantee shall provide all of its customers within the Franchise Area a minimum of sixty (60) days written notice prior to the effective date of its intent to terminate this Franchise with the City. (3) The City may terminate this agreement pursuant to this Section as a result of the City's decision to award an exclusive franchise agreement for the collection of refuse in all or any portion of the City. Grantee waives any right it may have pursuant to State law or otherwise to a notice of termination period longer than ninety (90) days and agrees to cease operations in the City within ninety (90) days of receipt of notice that City has awarded an exclusive franchise agreement. SECTION 13. MEDIATION PROCEDURE. A. Any dispute or controversy arising under this Franchise Agreement, or i n 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 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. Draft Franchise (Non -Exclusive) - November 12, 1992 17 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, 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. Draft Franchise (Non-achWye) - November 12, 1992 18 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 hkeure," 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 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: Draft Franchise (Non -Exclusive) - November 12, 1992 19 (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 RR =rts. 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; (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. Draft Franchise (Non -Exclusive) - November 12, 1992 20 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. (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 R= rt. 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 ES RVICE. 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. Draft Franchise (Non -Exclusive) - November 12, 1992 21 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 year thereafter. It is City's intent to conduct any system and services review concurrently with any Annual Review of Perfor-mance and Quality of Service as provided for in Section 19, above. 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 939's 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. Draft Franchise (Non -Exclusive) - November 12, 1992 22 SECTION 21. COMPENSATION. A. Grantee Rates. Grantee shall establish their own charges, and changes thereto pursuant to Section 21B below, for the collection, removal and disposal of refuse from their Residential Subscribers and/or Commercial Subscribers within the Franchise Area. Grantee shall file and maintain on a quarterly basis with the Office of the City Clerk, a schedule of charges for services provided under this Franchise to Residential and Commercial Subscribers within the Franchise Area. A schedule of charges is incorporated herein as Exhibit "E." (1) OPTION I Single Family Residential Collection,Diposal and Recycling Services. A schedule of charges for Residential Subscribers is set forth in Exhibit "E". (2) OPTION II Single Family Residential Collection, Disuosal and Recycling Services. A schedule of charges for Residential Subscribers is set forth in Exhibit "E". (3) Commercial and Multi -family Residences Bin Collection Disposal and Recycling Service. A schedule of charges for each Bin used by Commercial Subscribers or at Multi -Family Residences is set forth in Exhibit "E." Charges may be based on the size of the Bin and the frequency of service. (4) Industrial/Rolloff Container. A schedule of charges for containerized services is set forth in Exhibit "E". (5) Soecial 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. (6) Senior Citizen Discount. Upon request, the Grantee shall offer a Fifteen (15 %) percent 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. (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. A schedule of redelivery charges is set forth in Exhibit "E". B. 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 Dro Franchise (Non-&chisive) - November 12, 1992 23 regulation by the City. The notice shall include a statement of the reasons for the rate increase. C. 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. (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. D. Delingpent Accounts. (1) As a matter of information, but without warranty as to effect, enforcement or continuity, the City has heretofore adopted requirements and standards relating to the collection of refuse. The City does not warrant property owner compliance with said standards and regulations, and Grantee assumes the risk thereof and shall not claim hardship, extra payment, excuse or frustration on account thereof; except that Grantee and City mutually agree to improve the timeliness of customer payments and to reduce the number of delinquent accounts through a program of cooperative abatement. (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 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 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, Draft Franchise (Non-Fxdusive) - November 12, 1992 24 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) Solid waste collection vehicles shall be washed at least once every seven (7) calendar days. (4) 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 Evtyones' Responsibility.." The decal on the residential refuse container shall be located on the side of the container 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: "l'roMy of The City Qt Diamond Bar," 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 Draft Franchise (Non-&clwive) - November 12, 1992 25 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 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. Draf! Franchise (Non -Exclusive) - November 12, 1992 26 (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. (C) 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 Area. In this instance, Grantee shall conduct a rate audit and recommend, if necessary, a rate adjustment. �3:kft tl 4Z i!O ZIZ! I a WINI (IN WA Z t OXI Z 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, Dm. t Franchise (Non -Exclusive) - November 12, 1992 27 "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 Grantee's proportional share of the waste stream collected under this Franchise. E. Workers' Compgnsation 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: (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." Draft Frawlase (Non -Exclusive) - November 12, 1992 28 (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. 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. 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 Majeure. 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 Draft Franchise (Non-&chuive) - November 12, 1992 29 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. IIndgpendent 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. Prosy 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 at Grantee's sole expense. E. Right of Entrv. Grantee shall have the right, until receipt of written notice revoking permission to pass is delivered to Grantee, to enter or drive on any 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. Draft Franchise (Non-FxchWve) - November 12, 1992 30 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. 1. 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: To Grantee: Copy to: 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 IncoWgraigd. 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. Draft Franchise (Non-&c4Wve) - November 12, 1992 31 (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. (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 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. Draft Frawhim (Non Fxclueve) - November 12, 1992 32 WITNESS the execution of this Franchise on the day and year written above. By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Draft Franchise (Non &clwsive) - November 12, IM 33 geonmMom 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 DrO F—)dse (Non-Erdwive) - November 12, 1992 34 All portions of the City shown on the map attached as Exhibit A-1. Draf! Franchise (Non-&clmdve) - November 12, 1992 35 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. Drat! Franchise (Non-Erc4Wve) - November 12, IM 36 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 asset 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 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 Draft Franchise (Non-&ct"sive) - November 12, 1992 37 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". Draft Franchise (Nan-&clxsive) - November 12, 1992 38 PM, Nil M � ..a` . A. Not later than 180 days after the execution of this Franchise, Grantee shall institute a voluntary backyard yardwaste program by providing, upon request, to each Residential Subscriber 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, at minimum one (1) composting bin of a size, weight, nature and type to be minimally intrusive on the community with respect to aesthetics, vector control, and ease of use. Furthermore, Grantee agrees to provide, on a proportional ratio to the number of Residential Subscribers as of the effective date of this Franchise, up to four (4) additional bins to the City. 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 at minimum one (1) 64 -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 effect until January 1, 2000, eighty Draf! Franchise (Non-&dwive) - November 12, 1992 39 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. Dro Franchise (Non -Exclusive) - November 12, 1992 40 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 - $_ per month. one (1) 64 -gallon container OPTION H one (1) 32 -gallon container - $_ per month. B. Special Services per Single Family Residence: o Senior Discount Ja off services rendered 2. Commercial/Multi-family Bin Rates (Selected Bins - Monthly Rate)* 2 Cubic Yard 1 x week $ 3 Cubic Yard 1 x week $ 2 x week $ 3 x week $ 4 x week $ 5 x week $ 6 x week $ 6 Cubic Yard 1 x week $ 2 x week $ 3 x week $ 4 x week $ 5 x week $ 6 x week $ 3A. Commercial/Multi-family Recycling (one 3 cubic yard bin - Monthly Rate) 1 x week $ 2 x week $ 3B. Industrial/Rolloff Container Recycling 40, 10 cubic yard (Designated Items - Per Dropoff) $ 4. 40 cubic yard Rolloff Container $ Draft FranehUe (Non-EVckWve) - November 12, 1992 41 5. 10 cubic yard RollofflLowboy Box $ 6. Temporary Service (3 cubic yard/ 1 pickup) $ 7. Redelivery and Reinstatement Charge $ Draft Franchise (Non -&&wive) - November 12, 1992 42 A. 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 representatives 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' Resuonsibilitv." 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. C. Technical Information Sh The Grantee shall prepare a technical information sheet which explains the operation of the their services, the delivery schedule for bins and containers (where necessary), Draft Franchise (Non-Fxclufive) - November 12, 1992 43 material preparation, the garbage/recycling/composting rate structure (if applicable), and the anticipated affect that will have on the waste generadon hablia anti waw 3uca.. 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. Cily 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. Oneoine Information and Education Eff 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. Draft Franchise (Non-Erchisive) - November 12, 1992 44 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: November 17, 1992 REPORT DATE: November 12, 1992 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: Resolution No. 92 -XX - A Resolution of the City Council of the City of Diamond Bar, authorizing and approving the exchange of Proposition A (Local Return Transit Funds) to the City of Pasadena, for unencumbered funds. SUMMARY: The City of Diamond Bar has $500,000 in uncommitted Proposition A Local Return Funds from Fiscal Year 1991-92. The City of Pasadena has offered $0.60 on the dollar in exchange for the City's uncommitted Prop. A funds. This exchange does not severely impact the City of Diamond Bar's transportation needs and is mutually beneficial to both cities. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute the necessary documents in order to effectuate an exchange of Proposition A Local Return Funds with the City of Pasadena. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (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: *TelffenceL.Belanger tyanager -R-9- It k. -I I Troy L. utzlaff Assis the City Manager X Yes _ No MAJORITY _ Yes X No Yes X No Yes X No CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1992 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Resolution No. 92 -XX - A Resolution of the City Council of the City of Diamond Bar, authorizing and approving the exchange of Proposition A (Local Return Transit Funds) to the City of Pasadena, for unencumbered funds. ISSUE STATEMENT: The City of Diamond Bar has approximately $500,000 in uncommitted Proposition A Local Return Transit Funds and has reached an accord with the City of Pasadena to exchange these funds for unencumbered funds at the rate of $0.60 on the dollar. RECOM31 ENDATION: It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute the necessary documents in order to effectuate an exchange of Proposition A Local Return Funds with the City of Pasadena. FINANCIAL SUMMARY: The City has a Proposition A carry over balance of $530,791 from Fiscal Year 1991-92 to 1992-93. It is anticipated that the City's Fiscal Year 1992-93 Proposition A allocation will be about $500,000. As a result, total available Proposition A funds for FY 1992-93 is estimated to be $1,030,791. Within this fiscal year, approximately $275,000 is allocated to various transit related projects including, but not limited to: the provision of paratransit services; State Route 57 Study (Phase II); route deviation study; circulation studies; recreation transit services; and the holiday shuttle. BACKGROUND: Proposition A, the 1/2 cent sales tax for transit, was approved by voters in 1980. The revenues generated through this half cent sales tax are intended to be used towards the development of transit related programs, which are administered by the Los Angles County Transportation Commission (LACTC). In administering the Program, LACTC has elected to distribute these "Local Return" funds directly to cities on a per capita basis. Local Return funds must be expended within three (3) years from the date of receipt. Any funds not used must be returned to the LACTC for reallocation. DISCUSSION: Local Return Funds are designed to be spent solely on public transit projects. The City currently has in excess of $500,000 in uncommitted Local Return Funds from FY 1991-92 and has the option of exchanging these funds with another local agency to assist in providing transit related services. Therefore, the City of Diamond Bar has made arrangements to exchange it $500,000 in Proposition A funds with the City of Pasadena for $300,000 in unencumbered funds. PREPARED BY: Troy L. tzlaff Assistant the City Mans e RESOLUTION NO. 92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF PASADENA, CALIFORNIA, FOR UNENCUMBERED FUNDS. WHEREAS, the City of Diamond Bar wishes to transfer $500,000 Of its uncommitted Proposition A Local Return transit funds to the City of Pasadena to provide for public transit purposes and to improve the level, quality, safety, and/or accessibility of transit services to the general public or to any group which requires special transportation assistance; and WHEREAS, the City of Pasadena has offered to assign $300,000 in unencumbered funds to the City of Diamond Bar; and WHEREAS, the City Council of the City of Diamond Bar has determined that the transit needs of the City can be adequately met if this fund exchange is approved; and WHEREAS, the City of Diamond Bar plans to expend these funds to augment the City's capabilities in meeting the general public's needs and other City expenses. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: SECTION 1. The exchange of $500,000 of Proposition A Local Return Funds in exchange for the assignment of $300,000 in unencumbered funds is authorized and approved. SECTION 2. The City Manager is authorized to execute, on behalf of the City, any required documents to effectuate this exchange of funds. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and send certified copies to the City of Pasadena. PASSED, APPROVED AND ADOPTED on , 1992. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - , 1991, by the LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.. 7,; TO: Terrence L. Belanger, City Manager MEETING DATE: November 17, 1992 REPORT DATE: November 12, 1992 FROM: George A. Wentz, Interim City Engineer TITLE: Feasibility of Constructing a 3' High Block Wall With a 3' High Wrought Iron Fence Along Grand Avenue at Gold Nugget Avenue. SUMMARY: To address Gold Nugget Avenue residents' concern regarding noise, traffic accidents, speeding vehicles, and debris, several options have been reviewed and discussed by the Traffic and Transportation Commission. Of those options, as presented in the report, slope landscaping and construction of a 3' high block wall with 3' high wrought iron fence are deemed appropriate. The Traffic and Transportation Commission and staff have expressed to the residents that with their willingness to participate in funding the improvements, most of the concerns can be mitigated. RECOMMENDATION: It is recommended that construction be limited to 200 lineal foot of block wall with wrought iron fence and suggest that residents increase their respective slope area landscaping along Grand Avenue. LIST OF ATTACHMENTS:_X Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications X Other (Minutes of 7/9/92, 8/13/92, and 10/8/92 Traffic and Transportation Commission Meetings and Three -Year Collision History/Report) 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: REVIEWED BY: Jrrence L. Belanger ZGeorge A. Wentz City Manager U / Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1992 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Feasibility of Constructing a 3' High Block Wall with a 3' High Wrought Iron Fence Along Grand Avenue At Gold Nugget Avenue ISSUE STATEMENT Should the City permit and/or fund construction of a soundwall along Grand Avenue. RECOMMENDATION It is recommended that construction be limited to 200 lineal foot of block wall with wrought iron fence and suggest that residents increase their respective slope area landscaping along Grand Avenue. FINANCIAL SUMMARY No cost will be incurred if residents/property owners be the funding source of the project. BACKGROUND/DISCUSSION Residents of Gold Nugget Avenue have expressed and petitioned for a wall along their back yards on the northerly side of Grand Avenue at Gold Nugget Avenue. According to the residents, the request for a wall resulted from the increased noise levels, fear of traffic accidents, speeding vehicles, and the debris that accumulates on their slope areas. Residents proposed that the wall should be continued from the existing wall on Grand Avenue, approximately 500 feet east of Cleghorn Street, for another 2,200 feet. Based on the traffic collision report obtained from the Walnut Sheriff Station, between 11/1/89 and 11/1/92, a total of 172 collisions were reported along Grand Avenue of which 19 were within the subject vicinity area. Of the 19 accidents, only ONE accident involved a vehicle which came to rest 60 feet north of Grand Avenue on a private property. Copies of the collision reports are attached for your information. Several options have been reviewed and discussed by the Traffic and Transportation Commission as outlined below: 1 Page Two Gold Nugget November 12, 1992 1. SOUNDWALL: A soundwall which stands approximately 6 feet, depending on specific design needs, cost approximately $120 per lineal foot (CalTrans unit cost). It is estimated that the cost for 2,200 lineal foot of soundwall along the subject area will be approximately $264,000 excluding design and administration fees. It was noted that soundwalls are not intended to be safety barriers. 2. GUARDRAIL: Based on a unit price of $35/L.F., to install guardrails along the subject area is an option. The construction cost is estimated to be approximately $80,000.00 Generally, guardrail is recommended at any point where it is considered dangerous for a vehicle to leave the roadway. Such points are considered to be fills more than 6 feet in height and at locations where other conditions such as sharp change in alignment force a reduction in speed. It was noted that currently 8" curbs exist along Grand Avenue as barriers to prevent vehicle encroachments. 3. SLOPE Planting of hedges or trees such as Italian Cypress to LANDSCAPING: mitigate some of the residents concerns. The Traffic and Transportation Commission is recommending that this option be pursued in order to encourage residents to increase landscaping on the slope. 4. BLOCK WALL The construction of a 3 -foot block wall with a 3 -foot WITH WROUGHT wrought iron fence is estimated at a unit price of $50 - IRON PENCE: $60 per lineal foot. In addition to option 13, staff recommends that this option be considered as a deterrent to debris and accident -related rolling vehicles. This option would both beautify and provide mitigation However, only approximately 200 feet (from the existing wall to the Grand/Rolling Knoll intersection) is deemed necessary by staff. The cost would be $10,000 to $15,000. Staff has had numerous meetings with the Gold Nugget Avenue residents and their representative to discuss all of the above options and their willingness to participate financially. The residents continue to request that the City extend the existing wall for approximately 2,200 lineal foot and that the City fund the cost of said structure. Prepared By: David G. Liu 2 Page 3 Motion was made by C/Ury, seconded by C/Beke and CARRIED UNANIMOUSLY to approve item A of the Consent Calendar. NEW BUSINESS: AA/Aberra presented the staff report regarding the request, received from citizens residing on Gold Nugget, to construct a soundwall on Grand Ave. at Gold Nugget Avenue. The request for a sound resulted from the increase volume of noise levels, traffic accidents, speeding vehicles, and debris on Grand Avenue. It is recommended that the Commission discuss the subject matter and direct staff as necessary. Simon Contura, residing at 23631 Gold Nugget, reiterated his concern for the danger and noise resulting from the cars traveling down hill on Grand Avenue. Patricia Ayu, residing at 23656 Gold Nugget, stated that the major concern, regarding Grand Ave., is safety and privacy. She indicated that it was fortunate that no one was hurt in the accident, that occurred on Grand Ave. in April of 1992, in which a car went through her property and stopped in her neighbors property after colliding with a tree midway. Stan Granger, residing at 23800 Gold Nugget, told of an injury accident that had occurred on Grand Ave. a few years back. He suggested that some kind of a barrier needs to,be constructed on Grand Ave. for the safety of the residents. Marcella Singer, residing at 23860 Gold Nugget, stated her concern for safety as well as the Potential for fire hazards occurring from vehicular acgidents. Nina Goncharov, residing at 23631 Gold Nugget, the resident that corresponded with the City and presented the petition, requested that the Commission respond to their concern regarding the safety issue on Grand Avenue. ICE/Wentz, in response to C/Ury's inquiry, stated that to his understanding, the City's policy, in the past, has been not to construct soundwalls on private property. He would suggest that the first source of funding not come from the City but rather that the residents be contacted regarding their willingness to participate in funding such a project. He further responded that staff has not July 9, 1992 Pag a 4 yet determined where the exact location of the sound wall might be placed. C/Beke suggested that staff contact Dick Hoff for a rapid verification of where the right of way ends. He noted that, since sound travels the line of sight, the soundwall may not be effective because of the steep grade of Grand Avenue. He requested staff to research the number of accidents that have occurred in the area. Nina Goncharov indicated that they are willing to accept recommendations on alternatives to the sound wall. She also noted that the election signs have never been removed from Grand Ave. in back of her property. Chair/Chavers suggested that Mrs. Contrero contact Al Flores, the Code Enforcement officer, to remove those signs. He made the following requests of staff regarding the soundwall issue: examine the criteria to determine if the accident rate necessitates a need for a barrier; obtain Caltrans guidelines as to when a soundwall is necessary, and it's effectiveness; determine if a combination solution is required to mitigate the debris problem such as a guard rail, a grouping of trees, and/or a short fence behind the trees; and investigate if there are funds available for some of the suggested Mitigation measures. C/Beke stated that he will obtain an estimate on the cost of a guardrail. Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to continue the item to the next meeting, to include the accident report data, advisement on the ownership of the right of way property, es well as information on the availability of funds for Grand Avenue. AYES: COMMISSIONERS: Ury, Beke, Cheng, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. OLD BUSINESS: AE/Liu presented the staff report regarding the request to investigate the intersection.of Diamond Intersection Bar Blvd. and Fountain Springs Road. It is of Diamond Bar recommended that the Commission concur with staff's Blvd./Ft. Springs recommendation to consider painting the northerly curb red, on Fountain Springs Road, for approximately 50 feet, and to install a "One Way" -sign in the median island on Diamond,Bar Blvd., in Page 6 not be as serious as originally stated. Furthermore, red curbing passed a few feet would probably not relieve any traffic collisions that may occur at this intersection. Ren Anderson pointed out that 7 of those 9 traffic collisions on Fountain Springs have occurred in the last year. He noted that the original request was for 50 feet of red curbing. Motion was made by C/Ury, seconded by C/Beke and CARRIED UNANIMOUSLY to deny staff's recommendation made this meeting, and to request staff to adhere to the motion made previously at the July 9, 1992 meeting. AYES: COMMISSIONERS: Ury, Beke, Cheng, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: VC/Gravdahl. AE/Liu presented the staff report for the request to construct a soundwall on Grand Ave. at Gold , Ill" Nugget Avenue. Following investigation, staff does not recommend the construction of a soundwall or guardrails on Grand Ave. at this time, for reason outlined in the staff report. It is recommended that the residents increase their slope area landscaping via planting of trees, such as Italian Cypress on Grand Avenue. Nina Goncharov, residing at 23631 Gold Nugget, stated that she feels that the City has a duty to protect the citizens from traffic hazards. She requested (and received) a copy of the results of the study conducted by staff. She then made the following c --nts: the noise levels, trash, fire hazards and safety concerns make the area unlivable; home values have decreased $100,000 since Grand Ave. opened; the estimated cost for the construction of the soundwall seems inflated; and the City may be liable if someone gets hurt. Chair/Chavers requested AE/Liu to have the City Attorney provide staff with a written statement as to the City's actual liability in this situation. C/Ury informed Ms. Goncharov that the residents along Grand Avenue own the slope that back ups to Grand Ave., and that they could plant trees, and fire retardant bushes to mitigate some of their concerns. August 13, 1992 Page 7 Stan Granger, who up to Grand Ave., much problem with he is concerned suggested that a the speed limit killed. owns a lot with a slope backing stated that he does not have as noise as Ms. Goncharov, however, with the traffic safety. He guardrail be considered, or that be reduced, before someone is Chair/Chavers, in response to Ms. Goncharov's concern that the Commission does not understand the extent of the resident's problems, explained that the Commission is only an advisory body to the City Council. Staff has indicated that the City currently does not have the financial capability to construct a soundwall and/or a guardrail. The Commission is trying to deal with this issue technically, with the hopes of coming up with an interim solution to alleviate the concerns expressed. C/Ury noted that a soundwall creates a corridor which is likely to increase the speed traveled down Grand Avenue. He stated that he may be willing to consider a guardrail as an alternative. C/Cheng concurred that a soundwall may encourage motorist to increase speed, and that she is willing to consider a guardrail. She pointed out that property values may have decreased not so much because of the opening of Grand Ave. but because of the overall market. C/Beke stated that an $80,000 guardrail is not warranted for one or two accidents. The solution to the problems mentioned could be handled by the property owners. He suggested that the neighborhood band together for some sort of an assessment district to build a wall. Nifia Goncharov inquired if the Commission would be willing to put, in writing, that it is the residents problem, and that the City does not have funds at this time. Chair/Chavers stated that discussion of this meeting will be in the minutes, which is made available to the public. He then stated that soundwalls, constructed on hills, notoriously do not work well because sound travels laterally. He is not opposed to a guardrail, and landscaping, if the community is willing to band together to finance it. A garden type wall may solve the problems mentioned. August 13, 1992 Page 8 Motion was made by C/Beke to accept staff's recommendation denying construction of a soundwall or guardrail, and to suggest to the property owners to investigate planting or landscaping on the slope. The Motion failed for lack of a second. Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to accept staff's recommendation to not build a soundwall at this time. AYES: COMMISSIONERS: Ury, Beke, Cheng, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: VC/Gravdahl. Chair/Chavers suggested that, since the City has had a lot of discussion about maintaining hillsides, perhaps the City should be encouraged to explore this as an avenue of a joint effort. Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to direct staff to work with the property owners to encourage them to increase landscaping on the slope. AYES: COMMISSIONERS: Ury, Beke, Cheng, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: VC/Gravdahl. Motion was made by C/Beke to accept staff's recommendation to deny the installation of a guardrail. %, The Motion failed for lack of a second. Sgt. Rawlings stated that it has been suggested that a guardrail may be beneficial for the slope areas between Rolling Knoll and Cleghorn. Chair/Chavers noted that a guardrail, installed behind a curve, is dangerous because it can ricochet a car right back into traffic. Motion was made by C/Ury, and seconded by C/Cheng and CARRIED to deny staff's recommendation that construction of a guardrail is not appropriate at this time, and to direct staff to get with the property owners to discuss developing some sort of 1 1 1 o: 1 1 August 13, 1992 Page 9 participation program, and discuss technical options of what can be done. AYES: COMMISSIONERS: Ury, Cheng, and Chair/Chavers. NOES: COMMISSIONERS: Bake. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: VC/Gravdahl. Funding traffic AA/Aberra reported that the matter, regarding the signals on policy for funding traffic signals on private and public & private public street intersections, is brought before the intersections Commission to clarify the intent of item #3, Existing Residential Subdivision, as presented in the staff report, prior to presentation to the City Council. Based on the criteria as presently stated, a signal such as the one proposed for Diamond Bar Blvd. and Shadow Canyon Drive would be funded by the City. This differs from staff's understanding of the intent. It is recommended that signals at private street intersections either be based on a pro -rated basis or be funded 100% by the applicant. Chair/Chavers confirmed the Commission's intentions on the issue, as it is stated in the Minutes of the April 9, 1992 meeting. He inquired if the policy developed by the Commission would create a funding conflict. AE/Liu stated that, as of this date, the City has not collected any money from the JCC development, which is a development that will be contributing their fair share towards the traffic signal at Shadow Canyon and Diamond Bar Boulevard, nor from "The Country". Motion was made by C/Bake, seconded by C/Ury and CARRIED UNANIMOUSLY to deny staff's recommendation and to affirm the Commission's previously stated position, as indicated in the Minutes of April 9, 1992, that a residential subdivision street, whether they be public or private, intersects a public highway, a traffic signal will be paid for 100% by the City. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Ury, Beke, Cheng, and Chair/Chavers. None. None. VC/Gravdahl. Page 2 C/Ury requested that the next agenda include information regarding the potential double right turn lane, off of Diamond Bar. Blvd. and heading east on to Grand Avenue. C/Beke requested an update regarding the three way stop at Brea Canyon/ Pathfinder Road. There is a need for the stop sign, and it should be implemented, both now and during construction. AE/Liu stated that the 3 way stop control will definitely be implemented during the construction phase. However, it has not yet been determined, if it needs to be done during the bidding process. Staff will convey the Commission's request to the City Manager's office, and proceed accordingly. PUBLIC COMMENTS: Leroy Foster, 20933 Pasco Court, stated that he has corresponded to the Traffic Department regarding his concern of the safety of the Fallowfield and Brea Canyon Cut-off intersection. AA/Aberra stated that staff has received Mr. Foster's request, and has provided the Commission with a copy of that letter. Mr. Foster's concern will be handled administratively. CONSENT CALENDAR:Motion was made by C/Beke, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to pull item B from the Consent Calendar to item F of Old Business, and to approve item A, of the Consent Calendar, as recommended by staff. AYES: COMMISSIONERS: Ury, Bake, Chenq, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. OLD BUSINESS: %% AA/Aberra presented the staff report. Staff met 3 with the resident's representative, as was instructed at the August 13, 1992. Commission meeting, to discuss the feasibility of developing a �L "participation programa and/or to research the echnical options available to address their concerns. It is recommended that the Commission recommend to the City Council the construction of the 3 -foot block wall with 3 -foot wrought iron fence on Grand Ave. and that the three (3) residences/property owners be the funding source of the project. !J October 8, 1992 Page 3 Nina Goncharov, residing at 23621 Gold Nugget, stated that the recommended wall will not mitigate their concerns regarding fire hazard, debris, and noise. She suggested that the existing wall be continued up the hill, and that the speed limit be reduced from 45 mph to 35 mph to mitigate the noise. She noted that there were three accidents that occurred within the last year, and presented pictures to the Commission. She further requested that the political signs, still remaining in their area, be removed. Carlene Wilworth, a previous resident of 23922 Gold Nugget, confirmed the various accidents that have occurred in their area over the last few. years. Heavy landscaping did not effectively reduce noise, or keep cars from rolling over the slope from an accident. The residents had, at one time discussed sharing the cost for a wall, however, because the ground on Grand Ave. is very unstable, the cost of the wall would have been very expensive. Any wall constructed would need to be a retaining wall. Larry Redinger, residing at 23999 Gold Nugget, confirmed the amount of accidents that have occurred. The fire dangers further exasperate the problems in the area. Simon Cohen, residing at 23631 Gold Nugget, also confirmed the number of accidents. He suggested that the noise level be measured during 4:30 a.m. and 9:00 a.m. Ann Reyhan, residing at 23790 Gold Nugget, and Stan Granger, residing at 23800 Gold Nugget, concurred with the statement previously made. Patricia Ube, residing at 23656 Gold Nugget, also su#ported the statements previously made. She stated that the residents of Diamond Bar should not have to pay for problems created by the increased traffic from Chino Hills. May Lee, residing at 23988 Gold Nugget, stated that teenagers often walk through her property from Grand Avenue, and that they have found evidence of a small fire, with empty beer cans all around. C/Bake stated the following: if a wall is to be built, it should be a solid, 6 foot block wall; the cost of the wall will be expensive; a noise study is not needed because everyone is quite aware of the problem; and the speed limit cannot be reduced to 35 mph because it cannot be enforced. Speed October 8, 1992 Page 4 limits cannot be artificially lowered just to try to get people to drive slower. C/Ury pointed out that the Commission has already made a decision to send this issue to the City Council. He inquired if anything has been done in regards to a possible guardrail. AE/Liu stated that it is feasible to construct such a protective measure, however, the cost would be very expensive. The intention was to keep costs low. The Commission's recommendation tonight will be forwarded to the City Council. C/Ury requested staff to investigate if the City could arrange to have the political signs picked up -from these residents' properties. Chair/Chavers explained that the Commission has no authority to expend City funds. He reiterated the Commission's last recommendation that, whatever staff and the residents concur is a solution, it should be presented to the City Council for the City Council to take action. Motion was made by C/Bake, and seconded by C/Ury to deny staff's recommendation, and to direct staff to consult the minutes of the August 13, 1992 meeting, for the Commission's direction. Chair/Chavers noted that staff did investigate the technical options, as was requested, and brought their findings back to the Commission. C/Ury suggested that, as an alternative to the motion, the item be accepted as an informational item, and staff be directed to continue as previously designated. He withdrew his second, therefore, q/Beke's motion died for lack of a second. Pit/Liu explained that staff brought the item back to inform the Commission that staff has investigated options, as was requested. Staff would like to present this option, along with the recommendation previously made by the commission. Motion was made by C/Ury, seconded by C/Bek* and CARRIED UNANIMOUSLY to accept this issue as an informational item, and to request staff to continue with the prior recommendations made at the August 13, 1992 meeting. October 8, 1992 Page S AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Ury, Beke, Cheng, VC/Gravdahl, and Chair/Chavers. None. None. Development of AA/Aberra presented the staff report. In a uniform determining the feasibility of establishing a warrant analysis uniform crossing guard warrant analysis standard standard for that meets the community's needs and requirements, crossing guard the Commission was presented with a report which services was prepared by Austin -Foust Associates, Inc. This item is continued from the September 10, 1992 to allow the representative from the Walnut Valley Unified School District (WVUSD) additional time to provide his comments in identifying future intersections for crossing guard services. It is recommended that the Commission review and discuss the report submitted by Austin -Foust Associates, Inc. and recommend to the City Council to continue utilizing the crossing guard warrant guidelines established by CalTrans. Clyde Evans, from WVUSD, reviewed the requests for crossing guard services, as indicated in his report submitted to the Commission. He stated that he has also submitted, as was requested at the last meeting, a 1990 crossing guard study for Lemon and Colima. All of our crossing guards have this kind of study conducted for each placement of that crossing guard. In response to an inquiry from the last meeting, he stated that the LA County Office of Education follows the guidelines of the criteria used from the Automobile Club: School Crossing Guard Programs. Their guidelines are concerned with the safety of children, and they count the number of cars differently than what is recommended by%,aCalTrans. C/Beke pointed out that those intersections suggested for school crossing guards, by the WVUSD, are not on the agenda and cannot be considered at this point. The issue before the Commission is the standards that should be applied to existing and future crossing guard services. He pointed out that the LA County warrants are more lenient CalTrans. He noted that the Austin -Foust Associates, Inc. report seems to be a.m. and p.m. averages for student counts, and not the count during the one peak hour in the morning and the afternoon. VC/Gravdahl, concerned with the State cutting back funds this year and next year, suggested that the Page No. i 11/09/92 Collisions 11/01/89 to 11/01/92 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM LOCATIONS DATE DAY TIME FILE K PRIMARY STREET CROSS STREET/DIST/ADDR INJ FAT # INJ # FAT DUI PP PCF xs City of DIAMOND BAR 01/03/91 THU 1525 191-00150-2923 GRAND/ CLEGHORN Y N 2 01/04/91 FRI 0620 191-00183-2923 GRAND/ CLEGHORM N N O N N 21650YC 1 01/04/91 FRI 1619 191-00208-2925 GRAND/ CLEGHORN 0 N N O N N LINK 1 01/04/91 FRI 1540 191-00206-2923 GRAND/ CLEGHORN 0 N N 0 O N N UNK 1 01110* 41 2Mj!jD;-0!336-2923 GRAN$/. ROLLING KNOLL N N O N N 22350VC 1 01/11/91 PRI 1745 191-00511-2923 GRAND/ ROLLING KNOLL a Y N 3 0 N N #T0r ! 01/13/90 SAT 0720 190-00667-2923 GRAND/ CLEGHORN • N N O N M 21"24VC 1 01/13/92 MON 1600 492-00682-2924 GRAND/ GOLDEN SPRINGS 0 Y N 1 O N O N 22350 1 01/20/92 MON 1750 192-01137-2922 GRAND/ CLEGHORN N N N N 22350 1 Ol/22 92 W 0900 192-01230-2922 GRAND/ 60 FWY E/B OFF RAMP 0 Y N O N N 21658A 1 O1/Z 11�14"K -01221-29n SAND/ 01/23/91 WED 2140 191-01283-2924 GRAND/ ROLLINP KNOLL 1 N N 0 0 N O N;, N K:, 2,, 1 1 01/23/92 THU 0900 192-01305-2922 GRAND/ 60 FWY OFF RAMP E/B GOLDEN SPRINGS Y 0 2 N 0 N N 21453A 1 01/25/92 SAT 0430 191-01453-2922 GRAND/ GOLDEN SPRINGS N 0 Y N 1 O N N 22350 1 01/26/90 FRI 1830 190-01545-2924 GRAND/ W/B 60 FRWY OFF RAMP N N 0 0 Y 0 N N 23152A 1 02/01/90 THU 0805 190-01874-2922 GRAND/ GOLDEN SPRINGS Y N 1 O N N UNK N 21453(A) 1 1 02/05/91 TUE 1000 191-02014-2923 GRAND/ GOLDEN SPRINGS Y N 1 O N 02/06/92 THU 0800 192-02237-2924 GRAND/ DIAMOND BAR N N 0 N UNK 1 0211 92 TUE 0755 192-02485-2925 GRAND/ SUMMIT RIDGE N N 0 O N N 02 220IO2Si9-2923 02/ ROLL111 IiNt 0 N N N' ' Q i M N 21453A 1 N X-A 02/12/92 WED 1240 192-02587-2925 GRAND/ CLEGHORN N 02/14/90 WED 1045 190-02660-2924 GRAND/ 125'E/MONTIFINO N 0 N N 0 O N N 22350 1 02/15/92 SAT 1200 192-02748-2922 GRAND/ BREA CANYON ROAD Y N 1 O N 0 N 22100(8) 1 N N 21658A 1 02/17/90 SAT D730 190-02869-2923 GRAND/ 237'E/CLEGHORN N 02/28/91 THU 1130 191-03429-2922 GRAND/ 200'S/OF GOLDEN SPR. N 0 N N 0 O N 0 N N 21650 1 03/01/91 FRI 1520 191-03490-2923 GRAND/ CLEGHORN N N 0 N 22350 1 03/01/91 FRI 2145 191-03515-2925 GRAND/ 0 I42'b!!23 q . SUMMITRIDGE '. N N 0 O N N 22350 0 fi 1 1_ 03/06/97`FRI 0100 192=(409 =292 c f 57 FWY bN N If { 03/ 3/90 TUE 1120 190-04212-2925 GRAND/ RAMPS 375'W/SUMMITRIDGE Y N 1 N N 0 O N N 22350 1 03/oil 03/14/92 SAT 2250 N ;4. , a O N N 21802(A) 1 192- ND 03/15/90 THU 1620 190-04345-2923 GRAND/ GOLDEN SPRINGS 60'N/CLEGHORN Y N 3 0 N H 21703 1 03/18/90 SUN 1836 190-04524-29* GRAND/ 100'E/GOLDEN SPRINGS Y N 1 N N 0 O N O N 21954(A) 1 03/18/90 SUN 1930 190-04536-2925 GRAND/ DIAMOND BAR N N 0 N N 22350 1 03/20/91 WED 0555 191-04544-2923 GRAND/ 200'f. OF CLEGHORN Y N 2 O N N 21801(A) 1 03/21/90 WED 1830 190-04779-2923 GRAND/ SUMMIT RIDGE Y N 1 O N N DID i 03/22/90 THU 1525 190-04772-2924 GRAND/ DIAMOND BAR N N 0 O N N 22350 1 03/27/90 TUE 0650 190-04996-2925 GRAND/ SHOTGUN Y N O N N 22100A 1 03/27/90 TUE 1740 190-05026-2925 GRAND/ SUMMIT RIDGE 2 Y N 1 O N N 21802(A) 1 03/27/91 WED 0610 191-04972-2924 GRAND/ 471'N/OF GOLDEN SPRI N N 0 O N 0 N 21802(A) 1 03/28/90 WED 1045 190-05061-2922 GRAND/ 24'S/GOLDEN SPRINGS N N 0 N O N N 22350 N 22350 1 03/29/91 FRI 1610 191-05115-2924 GRAND/ 10'W/OF MONTEFINO N N 0 O N N 22106 1 03/30/90'FRI 1815 190-05201-2925 GRAND/ 134'W/CLEGHORN Y N 1 O 1 03/30/92 MON 0645 192-05626-2923 GRAND/ CLEGHORN Y N N N 22107 1 04/03/92 FRI 1055 192-05894-2924 GRAND/ DIAMOND BAR 1 N O N N 21350 1 N 0 O N N 22350 1 Page No. 2 Collisions - 11/01/89 to 11/01/92 11/09/92 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM LOCATIONS DATE DAY TIME FILE 4 PRIMARY STREET CROSS STREET/DIST/ADDR INJ FAT i INJ N FAT DUI PP PCF 04/04/90 WED 0815 190-05463-2923 GRAND/ 20'E/DIAMOND BAR N N 0 O N N 22350 1 04/04/90 WED 0900 190-05466-2924 GRAND/ 246'N/DIAMOND BAR Y N 2 O N N 22350 1 04/06/90 FRI 1247 190-05577-2926 GRAND/ GOLDEN SPRINGS Y N 1 O N N UNK i 04/06/90 FRI 0500 190-05636-2923 GRAND/ MONTEFINO N N 0 O N N OTD 1 04/06/92 MON 1625 192-06098-2924 GRAND/ MONTEFINO N N 0 O N N 21801A 1 04/10/90 TUE 0750 190-05800-2922 GRAND/ 51'E/60 FWY N N 0 O N N 21703 1 04/12/91 FRI 1535 191-05887-2923 GRAND/ 200'W/OF SUMMITRIDGE H N 0 O N N UNK i 04/13/92 MON 1045 192-06526-2923 GRAND/ 1196 PRIVATE PROPERT N N 0 0 M H 1 04/15/92 WED 2135 191-06713-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22350 1 04/17/92 FRI 1500 192-06883-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22106 1 04/18/91 THU 1735 191-06311-2924 GRAND/ 381'E/OF MONTEFINO N N 0 O N N 21801(A) 1 04/19/91 FRI 1700 191-06309-2923 GRAND/ 381'EJOF MONTEFINO M N 0 O N N 21801(A) 1 04/27/90 FRI 1740 190-06871-2922 GRAND/ 40'S/GOLDEN SPRINGS N N 0 O N N 21802(A) 1 04/28/92 TUE 1855 192-07527-2924 GRAND/ DIAMOND BAR N N 0 O N N 21804A 1 04/28/92 TUE 1855 192-07526-2924 GRAND/ DIAMOND BAR N N 0 O N N 21804A 1 ����,, s' .rid ,•;'� • ' 04'29;90 SUN ?400 1 0- 6 1- 92 GAN '0 W/CLEAR :REED N 0 0 N N 22107 1 04/30/90 NON 1350 190-07107-2923 GRAND/ CLEGHORN N N 0 O N N 21802(A) 1 05101/90 TUE 1755 190-07120-2924 GRAND/ 60 FWY E/B OFF RAMP N N 0 0 N N 22350 1 05/02/90 WED 1045 190-07168-2924 GRAND/ 48'E/DIAMOND BAR Y N 2 O N N 21801(A) i 05/02/92 SAT 1555 192.07743-29!4 Q� I � GOLDEN SPRINGS Y H 1 O N N 22350 1 05/03/91 FRI 1100 191-07103-2*A-AND/ S/OF MONTEFINO N N 0 O N N 22350 1 05103/91 FRI 1640 191-01123.2 / 44'W/OF SHOTGUN N N 0 O N N 22350 1 05/06/91 MON 1750 191-07305-2*'tlWD/ 500'W/OF DIAMOND BAR N N 0 O N N 22350 1 05/12/90 SAT 1637 190-07182-2923 GRANDJ CLEGHORN N N 0 O N N 21801(A) i 05/12/91 SUN 0925 191-07639-2923 GRAND/ 278'/E/DIAMOND BAR Y N 1 O N N 21658A 1 05/17/91 FRI 1740 191-07954-2922 GRAND/ 454'/CAHILL N N 0 O N N 22350 1 05/21/90 SUN 2145 190-08253-2924 GRAND/ .3ME/GOLDEN SPRINGS N N 0 O N N 20002(4) 1 05/22/92 FRI 0900 192-08852-2923 GRAND/ DIAMOND BAR Y N 4 O N N 22350 1 05/24/91 FRI 1500 191-08372-2924 GRAND/ 50O'W/OF DIAMOND BAR N N 0 0 N N 21801A 1 06/01/92 MON 1200 192-09440-2925 GRAND/ DIAMOND BAR N N 0 O N N 21801A 1 06/03/90 SUN 1510 190-09033-2925 GRAND/ DIAMOND BAR N N 0 O N N 21453 1 06/03/90 SUN 1150 190-09025-2921 GRAND/ 85'W/DIAMOND BAR N N 0 O N N 21658(A) 1 06/07191 FRI 1800 191-09135-2924 GRAND/ N/OF DIAMOND BAR N H 0 O N N 21754 1 06J49 92 TUE 0715 192-09932-2923 GRANDJ DIAMOND BAR Y H 1 O N N 1 06/10/90 SUN 2100 190-09446-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 21453(A) 1 06/13/90 WED 1550 190-09626-2922 GRAND/ CAHILL Y N 1 O N N 21802(A) 1 06/13/91 THU 0600 191-09477-2924 GRAND/ S/OF GOLDEN SPRINGS N N 0 O N N 22107 1 06/24/92 WED 1610 192-10999-2923 GRAND/ DIAMOND _BAR N N ^ ^ ° Page No. 3 Collisions - 11/01/89 to 11/01/92 11/09/92 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM LOCATIONS DATE DAY TIME FILE t PRIMARY STREET CROSS STREET/DIST/ADDR INJ FAT 4 INJ t FAT DUI PP S 07107/92 TUE 1355 192-11172-2923 ,RH0D ONG'vIEW Y N 0 G N N 22350 1 07/07/92 TUE 1540 192-11777-2925 GRANDi LONGVIEW N N 0 O N N 22350 1 07/09J92 THU 1815 192-11887-2924 GRANDi MONTEFINO N N 0 O N N 22350 1 07/12/90 THU 1500 190-11280-2923 GRAND/ SUMMIT RIDGE Y N 4 O N N 21801A 1 07/12/92 SUN 1125 192-12027-2922 GRANDI CAHILL N N 0 O N N 22350 1 07/12/92 SUN 1235 192-12029-2924 GRAND/ DIAMOND BAR N N 0 O N N 21804A 1 07/15/92 WED 1300 192-12250-2924 GRAND/ SUMMITRIDGE Y N 1 O N N 21453A i 07/20/90 FRI 1630 190-11899-2924 GRAND/ 80' W/OF DIAMOND BAR 1 N 1 O N N 22350 1 Page No. 3 Collisions - 11/01/89 to 11/01/92 11/09/92 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM LOCATIONS DATE DAY TIME FILE t PRIMARY STREET CROSS STREET/DIST/ADDR INJ FAT 4 INJ t FAT DUI PP PCF 07/23/91 TUE 1814 191-11723-2923 GRAND/ E. OF DIAMOND BAR Y N 2 0 N N 21350 1 07/25/90 WED 1755 190-12037-2924 GRAND/ DIAMOND BAR N N 0 O N N UNKNOWN 1 07/27/90 WED 1830 190-10426-2924 GRAND/ 200'S/GOLDEN SPRINGS N M 0 O N N UNK 1 07/28/90 SAT 1540 190-12187-2922 GRAND/ 30'/E DIAMOND BAR N N 0 0 N N UNK 1 07/30/92 THU 1130 192-13154-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 1 08/06/90 MON 0750 190-12751-2924 GRAND/ MONTEFINO N N 0 O W M 21802A 1 08/08/92 SAT 1600 192-13769-2924 GRAND/ 57 FWY ON RAMP N/B N N 0 0 N N 22350 1 08/10/90 FRI 1150 190-13267-2922 GRAND/ 462'N GOLDEN SPRINGS Y N 1 0 N N 21658A 1 08M1>=:11}:19'2`,,:,.4 0#109W TW PM M1{l hZlZ'3"1W 08/13/92 THU 1835 192-14099-2924 GRAND/ E/B 60 FWY OFF RAMP Y N 1 0 N N 21650 1 OBJ14/91 WED 1415 191-13092-2923 GRAND/ 160E OF DIAMOND BAR N N 0 0 N N 21804 A 1 08/16/92 SUN 1645 192-14257-2925 GRAND/ SUMMIT RIDGE N N 0 O N N 21453A 1 08/19/91 MON 1705 191-13396-2922 GRAND/ W. OF DIAMOND BAR N N 0 0 N N 21801A 1 ,08/20/92 THU 1645 192-14517-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22350 1 08/24/91 SAT 1215 191-13737-2923 GRAND/ LONG VIEW Y N 1 O N K 22350 1 08/24/91 SAT 1400 191-13739-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 21658A 1 08/24/92 MON 1115 192-14718-2922 GRAND/ E/8 SR 60 ON RAMP N N 0 0 N N 22350 1 OB14g 08/31/91 SAT 1300 191-14992-2924 GRAND DIAMOND BAR N N 0 O N N D 1 09/03/92 THU 1245 192-15359-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22350 1 09/05/91 THU 0800 191-14411-2922 GRAND/ CAHILL N N 0 O N N 21703 1 09/05/91 THU 0805 191-14412-292-,WND/ CAHILL N N 0 O N N 21755 1 09/05/91 SAT 1315 192-15472-2924'4RAND/ DIAMOND BAR N N 0 O N N 21804A 1 09/06/90 THU 1500 190-14568-2922 GRAND/ 150' N/OF MONTEFINO N N 0 O N N 22650 1 09/07/90 FRI 1930 190-14635-2923 GRAND/ DIAMOND BAR Y N 1 O N N 21453A i 09/07/91 SAT 1420 191-14544-2922 GRAND/ 60 FWY Y N 2 O N N 22350 1 09/17/91 TUE 0730 191-15124-2923 GRAND/ SUMMIT RIDGE N N 0 O N N 22350 1 09/17/92 THU 1315 192-16154-2922 GRAND/ GOLDEN SPRINGS Y N 1 O N N 22350 1 09/20/91 FRI 1300 191-15318-2923 GRAND/ DIAMOND BAR N N 0 O N N 21804A 1 09/20/91 FRI 1730 191-15332-2924 GRAND/ MONTEFINO DRIVE N N 0 O N N 21901A 1 09/20/92 SUN 1115 192-16300-2922 GRAND/ MONTEFINO N N 0 O N N 21804A 1 09/11/91 SAT 0930 191-15371-2924 GRAND/ DIAMOND BAR N N 0 O N N 21804 1 09/24/91 TUE 1600 191-15604-2922 GRAND/ DIAMOND BAR Y N 1 O N N 22350 1 09/25/91 WED 1740 191-15675-2925 GRANOI SHOTGUN Y N 1 O N N 22350 1 09/26/91 THU 1615 191-15743-2924 GRAND/ GOLDEN SPRINGS Y N 2 O N N 21650 1 09/26/91 THU 0800 191-15707-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22350 1 09/29/92 TUE 0630 192-16813-2922 GRAND/ CAHILL N N 0 O N N 22350 1 10/02/92 FRI 0725 192-17013-2925 GRAND/ DIAMOND BAR N N 0 0 M N 21453C 1 10/04/90 THU 0630 190-16285-2923 GRAND/ CAHILL N N 0 n w u iwr Page No. 4 11/09/92 DATE DAY TIME FILE I Collisions - 11101/89 to 11/01/92 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM LOCATIONS PRIMARY STREET CROSS STREET/DIST/ADDR INJ FAT 1 INJ i FAT DUI PP ACF 10/25/91 FRI 1630 191-17625-2924 GRAND/ GOLDEN SPRINGS N N 0 0 Y N 23152A 1 10/25/91 FRI 1630 191-17616-2924 GRAND/ MONTEFINO Y 10/09/92 FRI 0820 192-17379-2928 GRANDI GOLDEN SPRINGS N N 0 0 N N :21150 i 10112/90 FRI 1910 190-16809-2924 GRAND/ DIAMOND BAR N N 0 O N N 21804A 1 10/17/92 SAT 1405 192-17816-2924 GRAND/ DIAMOND BAR N N 0 O N N 1 10/21/91 NED 1544 192-18038-2922 GRAND/ GOLDEN SPRINGS Y N 2 O N N 22350 1 10/22/91 TUE 0720 191-17366-2923 GRAND/ DIAMOND BAR N N 0 O N N 22350 1 10/23/91 WED 1820 191-17475-2925 GRAND/ DIAMOND BAR N N 0 O N N 22350 1 10/25/90 THU 0140'19F!! 2NN/COUNTRY MIEN N N 0 O N N 22350 ! 10/25/91 FRI 1630 19i -116H- `' `� MONTEFINO N N 0 0 Y N 23152A I Page No. 4 11/09/92 DATE DAY TIME FILE I Collisions - 11101/89 to 11/01/92 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM LOCATIONS PRIMARY STREET CROSS STREET/DIST/ADDR INJ FAT 1 INJ i FAT DUI PP ACF 10/25/91 FRI 1630 191-17625-2924 GRAND/ GOLDEN SPRINGS N N 0 0 Y N 23152A 1 10/25/91 FRI 1630 191-17616-2924 GRAND/ MONTEFINO Y N 3 0 Y 4 23152A 1 10/30/92 FRI 1420 192-18556-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22350 1 111AM" i, Awl 10/31/91 THU 1220 191-17954-2924 GRAND/ DIAMOND BAR N N 0 O N N 21755 1 11/04/91 NON 0700 191-18156-2914 GRAND/ CAHILL PLACE Y N 1 O N N 22350 1 11/09/91 SAT 0155 191-18505-2924 GRAND/ DIAMOND BAR N N 0 O N N 22107 1 11/15/91 FRI 1445 191-18787-2924 GRAND/ MONTEFINO N N 0 O N N 1 11/19/91 TUE 1625 191-19156-2924 GRAND/ DIAMOND BAR N N 0 O N N 21703 1 11/20%9NT 1m 191=i9�h2wQw , '... ,v Y N F�', 11/27/91 WED 1420 191-19593-2924 GRAMDf DIAMOND BAR N N 0 O N H 21804A 1 11/02/90 SUN 0120 190-19778-2922 GRAND/ W/8 60 FWY OFFRAMP N N 0 0 N N 21651(A) 1 12/03/90 MON 0725 190-19827-2923 GRAND/ 401'4/LONGVIEW Y N 2 O N N 21650 1 12/03/91 TUE D805 191-19878-2923 GRAND/ CLEGNORN N N 0 O N N 21802A 1 12/04/90 TUE 0720 190-19902-2923 GRAND/ CLEGNORN Y N 3 O N N 21755 1 12/06/90 THU 0705 190-20029-2922 GRAND/ 250'E/MONTEFINO N N 0 O N N 22350 1 12/09/90 SUN 1000 190-20180-2924 GRAND/ 29'W/DIAMON BAR Y N 2 O N N 22350 1 12/09/90 SUN 1540 190-10195-2923 GRAND/ 135'N/GRAND N N 0 O N N 21658(A) 1 12/09/91 MON 0900 191-20263-2925 GRAND/ CLEGNORN N N 0 O N N 21650 1 12/12/91 THU 0110 191-20431-2924 GRAND/ DIAMOND BAR Y N 2 O N N E 1 12/16/90 SUN 2120 190-20676-2122 GRAND/ 158'S/GOLDEN SPRINGS N N 0 O N N 21658(A) 1 12/18/91 WED 0633 191-20793-290 GRAND/ GOLDEN SPRINGS Y N 1 O N N 22350 1 12f1w* itt ' �;.:,, N W 0 'r--1R''INK1lpow-*`,-„ � .- t . 12/25/n, #x Subtotal as 80 0 172 Total x*x 80 0 172 AGENDA ITEM NO. 8.3 NO DOCUMENTATION AVAILABLE AGENDA REPORT AGENDA NO. a TO: Terrence L. Belanger, City Manager MEETING DATE: November 17, 1992 REPORT DATE: November 13, 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(1990)] 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 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 desire to improve the community's understanding and use of the provisions contained therein. Content changes from the Interim Ordinance are in nu line to identify new material, and shrikeeat 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 to the meeting of December 1, 1992 in order to provide the City Council an additional opportunity to review the recommended ordinance. LIST OF ATTACHMENTS: X Staff Report Resolution(s) X Ordinances(s) _ Agreement(s) R 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 VIEWED B Terrence L. Belanger City Manager kw4w__(�) James DeStefano Community Devel ment Director FRPWCA'�Sa FOG 49AUC � q "I�lYldrrn+ + � b •9l�N�r�k = � �0 X11 I NANrg4 IE -pq�k- se_- 10, Coca \-�) 41.1�141�'Bk rT- VIE u l IE� aao - t—= D.2ti r�ua� vlee q.��1�c 4 Q -I `i IU6"k -r' to°/,(� (, .3`f Vao -avir aout- a 0� c ow -e- )4 3 A ST?v T%,�) vktw -Tb 5�570R�-= --r�fE /72E- ? ?aye No. T Collisions - 111:01/89 to 11/01/42 11/09192 DATE DAY TIME FILE # -CS ANGELES COUNTY SFERIFF`S DEPAR'MENT TRAFFIC INFORMATION SYSTEM LOCATIONS PRIMARY STREET CROSS STREE-/DIST/ADDR INJ FAT # INJ # FAT GUI PP PCF x* City of DIAMOND BAR 01/03/91 THU 1525 191-30150-2923 GRAND/ CLEGHORN Y N 2 O N N 21650VC t 01104/91 FRI 0620 191-00183-2923 GRAND/ CLEGHORM N N 0 O N N UNK 1 01/04/91 FRI 1619 191-00203-2925 GRAND/ CLEGHORN N N 0 O N N UNK 1 01/04/91 FRI 1540 191-00205-2923 GRAND/ CLEGHORN N N 0 O N N 22350VC 1 01/06/90 SAT 2245 190-00336-2923 GRAND/ ROLLING KNOLL N N 0 O N N OTD 1 01/11/91 FRI 1745 191-00568-2923 GRAND/ ROLLING KNOLL Y N 3 O N N 21802AVC 1 01/13/90 SAT 0720 190-00667-2923 GRAND/ CLEGHORN N N 0 O N N 22350 1 01/13/92 MON 1600 492-00682-2924 GRAND/ GOLDEN SPRINGS Y N 1 O N N 22350 1 01/20/92 MON 1750 192-01137-2922 0 AND/ CLEGHORN N N 0 O N N 21658A 1 01/22/92 WED 0900 192-01230-2922 GRAND/ 60 FWY E/8 OFF RAMP Y N 1 0 N N 1 01/22/92• WED 0800 192-01226-2925 GRAND/ ROLLING KNOLL N N 0 O N N 214539 1 01/23/91 WED 2140 191-01283-2924 GRAND/ 60 FWY OFF RAMP E/B Y 0 2 0 N N 21453A 1 01123/92 THU 0900 192-01305-2922 GRAND/ GOLDEN SPRINGS N N 0 0 N N 22350 ! 01/25/92 SAT 0430 192-01453-2922 GRAND/ GOLDEN SPRINGS Y N i 0 Y N 23152A 1 01/26/90 FRI 1830 190-01545-2924 GRAND/ W/B 60 FRWY OFF RAMP N N 0 0 N N UNK 1 02/01/90 THU 0805 190-01874-2922 GRAND/ GOLDEN SPRINGS Y N 1 O N N 21453(A) 1 02305/91 TUE 1000 191-02014-2923 GRAND/ GOLDEN SPRINGS Y N 1 O N N UNK 1 02/06/92 THU 0800 192-02237-2924 GRAND/ DIAMOND BAR N N 0 O N N 1 02/11/92 TUE 0755 192-02485-2925 GRAND/ SUMMIT RIDGE N N 0 O N N 21453A 1 02/12/92 WED 1245 192-02589-2923 GRAND/ ROLLING KNOLL N N 0 O N N 22350 1 02/12/92 WED 1250 192-02588-2923 GRAND/ ROLLING KNOLL N N 0 O N N 22350 1 02/12/92 WED 1240 192-02587-2925 GRAND/ CLEGHORN N N 0 O N N 22350 1 02/14/90 WED 1045 190-02660-2924 GRAND/ 125'E/MONTIFINO N N 0 O N N 22100(8) 1 02/15/92 SAT 1200 192-02748-2922 GRAND/ BREA CANYON ROAD Y N 1 0 N N 21658A 1 02/17/90 SAT 0810 190-02831-2923 GRAND/ 354'E/CLEGHORN N N 0 O N N 22350 1 02/17/90 SAT 0730 190-02869-2923 GRAND/ 237'E/CLEGHORN N N 0 O N N 21650 1 02/28/91 THU 1130 191-03429-2922 GRANDI 200'S/OF GOLDEN SPR. N N 0 0 N N 22350 1 03/01/91 FRI 1520 191-03490-2923 GRAND/ CLEGHORN N N 0 O N N 22350 1 03/01/91 FRI 2145 191-03515-2925 GRAND/ SUMMITRIDGE N N 0 O N N UNK i 03/06/92 FRI 0655 192-04089-2923 GRAND/ ROLLING KNOLL N N 0 O N N 22350 1 03/06/92 FRI 0700 192-04090-2922 GRAND/ 57 FWY ON RAMP Y N 1 0 N N 22350 1 03/13/90 TUE 1120 190-04212-2925 GRAND/ 375'W/SUMMITRIDGE N N 0 O N N 21802(A) i 03/14/91 THU 0040 191-04201-2925 GRAND'/ 300'W/OFCOUNTRY VIEW N N 0 0 Y N 23152A 1 03/14/92 SAT 2250 192-04664-2923 GRAND/ GOLDEN SPRINGS Y N 3 O N N 21703 1 03'/15/90 THU 1620 190-04345-2923 GRAND/ 60'N/CLEGHORN Y N 1 O N N 21954(A) 1 03/18/90 SUN 1836 190-04524-2922 GRAND/ 100'E/GOLDEN SPRINGS N N 0 O N N 22350 1 03/18/90 SUN 1930 190-04536-2925 GRAND/ DIAMOND BAR N N 0 O N N 21801(A) 1 03/20/91 WED 0555 191-04544-2923 GRAND/ 200'f,/OF CLEGHORN Y N 2 O N N DID 1 03/21/90 WED 1830 19C-04779-2923 GRAND/ SUMMIT RIDGES N 1 0 N N 22350 1 03/22/90 THU 1525 19C-04772-2924 GRAND/ DIAMOND BAP, N N 0 O N N 22100A 1 03/27/90 TUE 0650 190-04996-2925 GRAND/ SHOTGUN Y N 2 O N N 21802(A) 1 03/27/90 TUE 1740 190-05026-2925 GRAND/ SUMMIT RIDGE Y N 1 O N N 21802(A) 1 03/27/91 WED 0610 191-04972-2924 GRAND/ 471'NIOF GOLDEN SPRI N N 0 0 N N 22350 1 03/28/90 WED 1045 190-05061-2922 GRAND/ 24'S/GDLDEN SPRINGS N N 0 O N N 22350 1 03/29/91 FRI 1610 191-05115-2924 GRAND/ 10'W/OF MONTEFINO N N 0 O N N 22106 1 03/30/90 FRI 1815 190-05201-2925 GRAND/ 134'W/CLEGHORN Y N 1 O N N 22107 1 03/30/92 MON 0645 192-05626-2923 GRAND/ CLEGHORN Y N 1 O N N 22350 1 04/03/92 FRI 1055 19;-05894-2924 GRAND,/ DIAMOND BAR N N 0 0 N N 22350 1 Page No. 2 Collisions - 11/01/89 to 11/01/92 11/09/92 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM LOCATIONS DATE DAY TIME FILE # PRIMARY STREET CROSS STREET/DIST/ADDR INJ FAT # INJ # FAT DUI PP PCF 04/04/90 WED 0815 190-05463-2923 GRAND/ 20'E/DIAMOND BAR N N 0 0 N N 22350 04/04/90 WED 0900 190-05466-2924 GRAND/ 246'N/DIAMOND BAR Y N 2 0 N N 22350 04/06/90 FRI 1247 190-05577-2926 GRAND/ GOLDEN SPRINGS Y N 1 0 N N UNK 04/06/90 FRI 0500 190-05636-2923 GRAND/ MONTEFINO N N 0 O N N OTD 04/06/92 MON 1625 192-06098-2924 GRAND/ MONTEFINO N N 0 O N N 21801A 04/10/90 TUE 0750 190-05800-2922 GRAND/ 51'E/60 FWY N N 0 0 N N 21703 04/12/91 FRI 1535 191-05887-2923 GRAND/ 200'W/OF SUMMITRIDGE N N 0 0 N N UNK 04fl3/92 MON 1045 192-06526-2923 GRAND/ 1196 PRIVATE PROPERT N N 0 0 N N 04/15/92 WED 2135 192-06713-2922 GRAND/ GOLDEN SPRINGS N N 0 0 N N 22350 04/17/92 FRI 1500 192-06883-2922 GRAND/ GOLDEN SPRINGS N N 0 0 N N 22106 04/18/91 THU 1735 191-06311-2924 GRAND/ 381'E/OF MONTEFINO N N 0 0 N N 21801(A) 04/19/91 FRI 1700 191-06309-2923 GRAND/ 381'E/OF MONTEFINO N N 0 0 N N 21801(A) 04/27/90 FRI 1740 190-06871-2922 GRAND/ 40'S/GOLDEN SPRINGS N N 0 0 N N 21802(A) 04/28/92 TUE 1855 192-07527-2924 GRAND/ DIAMOND BAR N N 0 0 N N 21804A 04/28/92 TUE 1855 192-07526-2924 GRAND/ DIAMOND BAR N N 0 0 N N 21804A 04/28/92 TUE 0850 192-07511-2923 GRAND/ ROLLING KNOLL Y N 3 0 N N 21651A 04/29/90 SUN 2400 190-06981-2923 GRAND/ 70'W/CLEAR CREEK N N 0 0 N N 22107 04/30/90 MON 1350 190-07107-2923 GRAND/ CLEGHORN N N 0 O N N 21802(A) 05/01/90 TUE 1755 190-07120-2924 GRAND/ 60 FWY E/B OFF RAMP N N 0 0 N N 22350 05/02/90 WED 1045 190-07168-2924 GRAND/ 48'E/DIAMOND BAR Y N 2 0 N N 21801(A) 05/02/92 SAT 1555 192-07743-2924 GRAND/ GOLDEN SPRINGS Y N 1 0 N N 22350 05/03/91 FRI 1100 191-07103-2924 GRAND/ S/OF MONTEFINO N N 0 O N N 22350 05/03/91 FRI 1640 191-07123-2925 GRAND/ 44'W/OF SHOTGUN N N 0 0 N N 22350 05/06/91 MON 1750 191-07305-2924 GRAND/ 500'W/OF DIAMOND BAR N N 0 0 N N 22350 05/12/90 SAT 1637 190-07782-2923 GRAND/ CLEGHORN N N 0 O N N 21801(A) 05/12/91 SUN 0925 191-07639-2923 GRAND/ 218'/E/DIAMOND BAR Y N 1 0 N N 2165$A 05/17/91 FRI 1740 191-07954-2922 GRAND/ 454'/CAHILL N N 0 O N N 22350 05/21/90 SUN 2145 190-08253-2924 GRAND/ .3ME/GOLDEN SPRINGS N N 0 0 N N 20002(A) 05/22/92 FRI 0900 192-08852-2923 GRAND/ DIAMOND BAR Y N 4 0 N N 22350 05/24/91 FRI 1500 191-08372-2924 GRAND/ 500'W/CF DIAMOND BAR N N 0 0 N N 21801A 06/01/92 MON 1200 192-09440-2925 GRAND/ DIAMOND BAR N N 0 0 N N 21801A 06/03/90 SUN 1510 190-09033-2925 GRAND/ DIAMOND BAR N N 0 0 N N 21453 06/03/90 SUN 1150 190-09025-2921 GRAND/ 85'W/DIAMOND BAR N N 0 0 N N 21658(A) 06/07/91 FRI 1800 191-09135-2924 GRAND/ N/OF DIAMOND BAR N N 0 O N N 21754 06/07/91 FRI 0800 191-09103-2925 GRAND/ 15'E/ROLLING KNOLL N N 0 0 N N UNK 06/09/92 TUE 0715 192-09932-2923 GRAND/ DIAMOND BAR Y N 1 O N N 06/10/90 SUN 2100 190-09446-2922 GRAND/ GOLDEN SPRINGS N N 0 0 N N 21453(A) 46/13/90 WED 1550 190-09626-2922 GRAND/ CAHILL Y N 4 N N 21802(A) 6x'13/91 THU 0600 191-09471-2924 GRAN 0: aR:�N4: .r ry ti N 2::i07 46/24/92 WED 1610 192-10999-2923 GRAND! DIAMOND BAR N N N 21804" 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 I I 1 1 1 1 I )age N•). 3 11/)9/92 DATE CAV TIME FILE # Collis ior, • 11/01/89 to 11/01/92 LOS ANGELES CC'NT'f SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM CCATIONS ;RIMARY STREET CROSS STREET/DIST/ADDR INJ FAT # INJ # FAT DUI PP PCF 07/23/91 TUE 1814 191-11723-2923 GRAND/ E. :F DIAMOND BAR Y N aa1Q �:,:.Na 0 N N 22350 1 �0 T ' .,50� ^D5-�)�^_.; a R'. E 1755 N 2! 3 1 A LL25 ��� ���?0< 22;1 .;Iv�' DIAMOND BAR N N I_I n C.,�,.i [27t ���,-L.�DL?-`1L•4 �Hh. I', J ij �.'��I: :'�.'j 4. �l �'� ',) :.I �1 213D4A 5 2 WED L300 !Q?-1?250-2�2 S'1MMi RID 1830 21453A 153G L`�0-11890-2">'_4 GRA'��I�' SJ� W,DF a:AMOND BAR N 0 N N 2''_350 )age N•). 3 11/)9/92 DATE CAV TIME FILE # Collis ior, • 11/01/89 to 11/01/92 LOS ANGELES CC'NT'f SHERIFF'S DEPARTMENT TRAFFIC INFORMATION SYSTEM CCATIONS ;RIMARY STREET CROSS STREET/DIST/ADDR INJ FAT # INJ # FAT DUI PP PCF 07/23/91 TUE 1814 191-11723-2923 GRAND/ E. :F DIAMOND BAR Y N 2 0 N N 22350 1 07/25/90 WED 1755 190-12037-2924 GRAND/ DIAMOND BAR N N 0 O N N UNKNOWN 1 07/27190 WED 1830 190-10426-2924 GRAND/ 200'S/GOLDEN SPRINGS N N C O N N UNK 1 07/2B/90 SAT 1540 190-12167-2922 GRAND/ 30'/E DIAMOND BAR N N 0 0 N N UNK 1 07/30/92 THU 1130 192-13154-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 1 08/06/90 MON 0750 190-12751-2924 GRAND/ MONTEFIND N N 0 O N N 21802A i 08/08/92 SAT 1600 192-13769-2924 GRAND/ 57 FWY ON RAMP N/B N N 0 0 N N 22350 1 08/10/90 FRI 1150 190-13267-2922 GRAND/ 462'N GOLDEN SPRINGS Y N 1 0 N N 21658A 1 08/11/92 TUE 0725 192-13939-2925 GRAND/ ROLLING KNOLL N N 0 O N N 21650 1 08/13/92 THU 1500 192-14087-2925 GRAND/ COUNTRY VIEW N N 0 O N N 21802A 1 08/13/92 THU 1835 192-14099-2924 GRAND/ EIB 60 FWY OFF RAMP Y N 1 0 N N 21650 1 08/14/91 WED 1415 191-13092-2923 GRAND/ 160E OF DIAMOND BAR N N 0 0 N N 21804 A 1 08/16/92 SUN 1645 192-14251-2925 GRAND/ SUMMIT RIDGE N N 0 O N N 21453A 1 08/19/91 MON 1705 191-13396-2922 GRAND/ W. OF DIAMOND BAR N N 0 0 N N 21801A 1 08/20/92 THU 1645 192-14517-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22350 1 08/24/91 SAT 1215 191-13737-2923 GRAND/ LONG VIEW Y N i 0 N N' 22350 1 08/24/91 SAT 1400 191-13739-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 21658A 1 08/24/92 MON 1115 192-14718-2922 GRAND/ E/B SR 60 ON RAMP N N 0 0 N N 22350 1 08/26/91 MON 1750 191-13868-2925 GRAND/ COUNTRY VIEW N N 0 O N N 22350 1 08/31/91 SAT 1300 191-14992-2924 GRAND/ DIAMOND BAR N N 0 O N N D 1 09/03/92 THU 1245 192-15359-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22350 1 09/05/91 THU 0800 191-14411-2922 GRAND/ CAHILL N N 0 O N N 21703 1 09/05/91 THU 0805 191-14412-2922 GRAND/ CAHILL N N 0 O N N 21755 1 09/05/92 SAT 1315 192-15472-2924 GRAND/ DIAMOND BAR N N 0 O N N 21804A 1 09/06/90 THU 1500 190-14568-2922 GRAND/ 150' N/OF MONTEFINO N N 0 O N N 22650 i 09/07/90 FRI 1930 190-14635-2923 GRAND/ DIAMOND BAR Y N 1 O N N 21453A i 09/07/91 SAT 1420 191-14544-2922 GRAND/ 60 FWY Y N 2 O N N 22350 1 09/17/91 TUE 0730 191-15124-2923 GRAND/ SUMMIT RIDGE N N 0 O N N 22350 1 09/17/92 THU 1315 192-16154-2922 GRAND/ GOLDEN SPRINGS Y N 1 C N N 22350 1 09/20/91 FRI 1300 191-15318-2923 GRAND/ DIAMOND BAR: N N 0 O N N 21804A 1 09/20/91 FRI 1730 191-15332-2924 GRAND/ MONTEFINO DRIVE N N 0 O N N 21801A 1 09/20/92 SUN 1115 192-16300-2922 GRAND/ MONTEFINO N N 0 O N N 21804A 1 09/21/91 SAT 0930 191-15371-2924 GRAND/ DIAMOND BAR N N 0 O N N 21804 1 09/24/91 TUE 1600 191-15604-2922 GRAND/ DIAMOND BAR Y N 1 O N N 22350 1 09/25/91 WED 1740 191-15675-2925 GRAND/ SHOTGUN Y N 1 O N N 22350 1 09/26/91 THU 1615 191-15743-2924 GRAND/ GOLDEN SPRINGS Y N 2 O N N 21650 1 09/26/91 THU 0800 191-15707-2922 GRAND/ GOLDEN SPRINGS N N 0 O N N 22350 i 09"129/92 TUE 0630 192-16813-2922 GRAND/ CAHILL N N 0 9 N N 22350 i FRI 0725 i92 1,0"13 29<5 GRAND �AMONCi r,A� _ N N —'01!92 �C- 10/04/90 THU 0630 190-16285-2923 GRAND/ N UNK i Page No. 4 1,� DATE DA" "IME fILE Collisioc - 11;:11/89 to 11/01;92 LOS ANGELES :OJNTi SHERIFF'S DEPAF.TMEkT TRAFFI: INFORMATION SYSTEM LO.ATIONS P'•IMARY STREET -.ROES ST EET/DISTIADDR IND FAT # INJ # FAT :UI PP PCF 0/25/91 FRI '630191-.7625-2924 G; AN GOLDE+ SPRINGS v. 0 11 Y N 23152A I0/25/91 FRI :.fi_.. S 'NGS :91-"_7616-2924 GRAND/ MDNTEFINO 3 0 r 23152A : ,0/30/92 FRT 1420 :92-18556-2922 G -AN)/ GOLDEN SPRINGS N 4 0 0 '� 22350 10/30/92 FRI 1540 192-18563-2925 GRAND/ ROLLING KNOLL N N 0 0 N N 21651 `I W:D ..'c: ..�1-.. C' -2qi :\• 1 �_\ 1 _v.. .1)/25/90 T 0740 `'.90-:.7599-2923 `.1/04/91 MON 2Mnili:'7UIT?Y VIEW v rl + �22350 .. . 101 .. .. �1 J1 ..Q1-.. Tfl--.YL., ^.\., Y'.�iN.� 22350 : Page No. 4 1,� DATE DA" "IME fILE Collisioc - 11;:11/89 to 11/01;92 LOS ANGELES :OJNTi SHERIFF'S DEPAF.TMEkT TRAFFI: INFORMATION SYSTEM LO.ATIONS P'•IMARY STREET -.ROES ST EET/DISTIADDR IND FAT # INJ # FAT :UI PP PCF 0/25/91 FRI '630191-.7625-2924 G; AN GOLDE+ SPRINGS v. 0 11 Y N 23152A I0/25/91 FRI :630 :91-"_7616-2924 GRAND/ MDNTEFINO 3 0 r 23152A : ,0/30/92 FRT 1420 :92-18556-2922 G -AN)/ GOLDEN SPRINGS N 4 0 0 '� 22350 10/30/92 FRI 1540 192-18563-2925 GRAND/ ROLLING KNOLL N N 0 0 N N 21651 10/31/91 THU 1220 191-:7954-2924 GRANO/ DIAMOND BAR N v 0 C v N 21755 `.1/04/91 MON 0700 _91-18156-2924 GRAND/ CAHILL PLACE r N 1 0 n. N 22350 : 11/09/91 SAT 0155 191-18505-2924 GRAND/ DIAMOND BAR 0 C N N 22107 1'/15/91 FRI 1445 191-:8787-2924 GRAND/ MONTEFINO N 0 O N N 11/19/91 TUE ;625 '91-19156-2924 GRAND/ DIAMOND BAR N 0 211G3 11/23/91 SAT 1300 191-19386-2923 GRAND/ ROLLING KNOLL Y N 1 O N N 21801A i il/27/91 WED 1420 191-19593-2924 GRAND/ DIAMOND BAR N N 0 0 N N 21804A 12/02/90 SUN 0110 190-19775-2922 GRAND/ All 60 FWY OFFRAMP N N 0 0 N N 21651(A) 12/03/90 MON 0725 :90-19827-2923 GRAND/ 401'NIIONGVIEW N 2 0 N N 21650 2/03/91 TUE 0805 :91-'_9818-2923 GRAND/ CLEGHORN N N 0 O Ni N 21802A ;2/04/90 TUE 0720 190-19902-2923 GRAND/ CLEGHORN Y N 3 O N N 21755 :2/06/90 THU 0705 190-20029-2922 GRAND/ 250'E!MONTEFINO N N 0 O N N 22350 12/09/90 SUN 1000 190-20180-2924 GRAND/ 29'W/DIAMON BAR Y N 2 O N N 22350 1 12/09/90 SUN 1540 190-20195-2923 GRAND/135'N/GRAND N N 0 O N N 21658(A) i :2/09/91 MON 0900 191-20263-2925 GRAND/ CLEGHORN N N 0 O N N 21650 '2/12/91 THU 0110 191-20431-2924 GRAND/ DIAMOND BAR ?` N 2 O N N E 1 12/16/90 SUN 2120 190-20676-2922 GRAND] 15B'S/GOLDEN SPRINGS N N 0 0 N N 21658(A) 12/18/91 WED 0633 191-20793-2922 GRAND/ GOLDEN SPRINGS Y N 1 O N N 22350 i 12/18/91 WED 1110 191-20804-2923 GRAND/ ROLLING KNOLL N N 0 O N N 22350 i 12/23/91 MON 2015 191-21089-2925 GRAND/ COUNTRY VIEW N N 0 O N N 22350 1 Subtotal t' 80 0 172 �$ Total 80 0 172 July 9, 1992 Page 3 Motion was made by C/Ury, seconded by C/Beke and CARRIED UNANIMOUSLY to approve item A of the Consent Calendar. NEW BUSINESS: AA/Aberra presented the staff report regarding the request, received from citizens residing on Gold Soundwall on Nugget, to construct a soundwall on Grand Ave. at Grand Ave. at Gold Nugget Avenue. The request for a soundwall Gold Nugget Ave. resulted from the increase volume of noise levels, traffic accidents, speeding vehicles, and debris on Grand Avenue. It is recommended that the Commission discuss the subject matter and direct staff as necessary. Simon Contura, residing at 23631 Gold Nugget, reiterated his concern for the danger and noise resulting from the cars traveling down hill on Grand Avenue. Patricia Ayu, residing at 23656 Gold Nugget, stated that the major concern, regarding Grand Ave., is safety and privacy. She indicated that it was fortunate that no one was hurt in the accident, that occurred on Grand Ave. in April of 1992, in which a car went through her property and stopped in her neighbors property after colliding with a tree midway. Stan Granger, residing at 23800 Gold Nugget, told of an injury accident that had occurred on Grand Ave. a few years back. He suggested that some kind of a barrier needs to be constructed on Grand Ave. for the safety of the residents. Marcella Singer, residing at 23860 Gold Nugget, stated her concern for safety as well as the potential for fire hazards occurring from vehicular accidents. Nina Goncharov, residing at 23631 Gold Nugget, the resident that corresponded with the City and presented the petition, requested that the Commission respond to their concern regarding the safety issue on Grand Avenue. ICE/Wentz, in response to C/Ury's inquiry, stated that to his understanding, the City's policy, in the past, has been not to construct soundwalls on private property. He would suggest that the first source of funding not come from the City but rather that the residents be contacted regarding their willingness to participate in funding such a project. He further responded that staff has not July 9, 1992 Page 4 yet determined where the exact location of the sound wall might be placed. C/Beke suggested that staff contact Dick Hoff for a rapid verification of where the right of way ends. He noted that, since sound travels the line of sight, the soundwall may not be effective because of the steep grade of Grand Avenue. He requested staff to research the number of accidents that have occurred in the area. Nina Goncharov indicated that they are willing to accept recommendations on alternatives to the sound wall. She also noted that the election signs have never been removed from Grand Ave. in back of her property. Chair/Chavers suggested that Mrs. Contrero contact Al Flores, the Code Enforcement officer, to remove those signs. He made the following requests of staff regarding the soundwall issue: examine the criteria to determine if the accident rate necessitates a need for a barrier; obtain Caltrans guidelines as to when a soundwall is necessary, and it's effectiveness; determine if a combination solution is required to mitigate the debris problem such as a guard rail, a grouping of trees, and/or a short fence behind the trees; .and investigate if there are funds available for some of the suggested mitigation measures. C/Beke stated that he will obtain an estimate on the cost of a guardrail. Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to continue the item to the next meeting, to include the accident report data, advisement on the ownership of the right of way property, as well as information on the availability of funds for Grand Avenue. AYES: COMMISSIONERS: Ury, Beke, Cheng, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. OLD BUSINESS: AE/Liu presented the staff -report regarding the request to investigate the intersection.of Diamond Intersection Bar Blvd. and Fountain springs Road. It is of Diamond Bar recommended that the Commission concur with staff's Blvd./Ft. Springs recommendation to consider painting the northerly curb red, on Fountain Springs Road, for approximately 50 feet, and to install a "One Way" •sign in the median island on Diamond,Bar Blvd., in August 13, 1992 Page 6 not be as serious as originally stated. Furthermore, red curbing passed a few feet would probably not relieve any traffic collisions that may occur at this intersection. Ken Anderson pointed out that 7 of those 9 traffic collisions on Fountain Springs have occurred in the last year. He noted that the original request was for 50 feet of red curbing. Motion was made by C/Ury, seconded by C/Beke and CARRIED UNANIMOUSLY to deny staff's recommendation made this meeting, and to request staff to adhere to the motion made previously at the July 9, 1992 meeting. AYES: COMMISSIONERS: Ury, Beke, Cheng, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: VC/Gravdahl. Soundwall on AE/Liu presented the staff report for the request Grand Ave./Gold to construct a soundwall on Grand Ave. at Gold Nugget Nugget Avenue. Following investigation, staff does not recommend the construction of a soundwall or guardrails on Grand Ave. at this time, for reason outlined in the staff report. It is recommended that the residents increase their slope area landscaping via planting of trees, such as Italian Cypress on Grand Avenue. Nina Goncharov, residing at 23631 Gold Nugget, stated that she feels that the City has a duty to protect the citizens from traffic hazards. She requested (and received) a copy of the results of the study conducted by staff. She then made the following comments: the noise levels, trash, fire hazards and safety concerns make the area unlivable; home values have decreased $100,000 since Grand Ave. opened; the estimated cost for the construction of the soundwall seems inflated; and the City may be liable if someone gets hurt. Chair/Chavers requested AE/Liu to have the City Attorney provide staff with a written statement as to the City's actual liability in this situation. C/Ury informed Ms. Goncharov that the residents along Grand Avenue own the slope that back ups to Grand Ave., and that they could plant trees, and fire retardant bushes to mitigate some of their concerns. August 13, 1992 1 Page 7 Stan Granger, who owns a lot with a slope backing up to Grand Ave., stated that he does not have as much problem with noise as Ms. Goncharov, however, he is concerned with the traffic safety. He suggested that a guardrail be considered, or that the speed limit be reduced, before someone is killed. Chair/Chavers, in response to Ms. Goncharov's concern that the Commission does not understand the extent of the resident's problems, explained that the Commission is only an advisory body to the City Council. Staff has indicated that the City currently does not have the financial capability to construct a soundwall and/or a guardrail. The Commission is trying to deal with this issue technically, with the hopes of coming up with an interim solution to alleviate the concerns expressed. C/Ury noted that a soundwall creates a corridor which is likely to increase the speed traveled down Grand Avenue. He stated that he may be willing to consider a guardrail as an alternative. C/Cheng concurred that a soundwall may encourage motorist to increase speed, and that she is willing to consider a guardrail. She pointed out that property values may have decreased not so much because of the opening of Grand Ave. but because of the overall market. C/Beke stated that an $80,000 guardrail is not warranted for one or two accidents. The solution to the problems mentioned could be handled by the property owners. He suggested that the neighborhood band together for some sort of an assessment district to build a wall. Nina Goncharov inquired if the Commission would be willing to put, in writing, that it is the residents problem, and that the City does not have funds at this time. Chair/Chavers stated that discussion of this meeting will be in the minutes, which is made available to the public. He then stated that soundwalls, constructed on hills, notoriously do not work well because sound travels laterally. He is not opposed to a guardrail, and landscaping, if the community is willing to band together to finance it. A garden type wall may solve the problems mentioned. August 13, 1992 Page 8 Motion was made by C/Beke to accept staff's recommendation denying construction of a soundwall or guardrail, and to suggest to the property owners to investigate planting or landscaping on the slope. The Motion failed for lack of a second. Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to accept staff's recommendation to not build a soundwall at this time. AYES: COMMISSIONERS: Ury, Beke, Cheng, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: VC/Gravdahl. Chair/Chavers suggested that, since the City has had a lot of discussion about maintaining hillsides, perhaps the City should be encouraged to explore this as an avenue of a joint effort. Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to direct staff to work with the property owners to encourage them to increase landscaping on the slope. AYES: COMMISSIONERS: Ury, Beke, Cheng, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: VC/Gravdahl. Motion was made by C/Beke to accept staff's recommendation to deny the installation of a guardrail. The Motion failed for lack of a second. Sgt. Rawlings stated that it has been suggested that a guardrail may be beneficial for the slope areas between Rolling Knoll and Cleghorn. Chair/Chavers noted that a guardrail, installed behind a curve, is dangerous because it can ricochet a car right back into traffic. Motion was made by C/Ury, and seconded by C/Cheng and CARRIED to deny staff's recommendation that construction of a guardrail is not appropriate at this time, and to direct staff to get with the property owners to discuss developing some sort of F, 1 1 August 13, 1992 Page 9 participation program, and discuss technical options of what can be done. AYES: COMMISSIONERS: Ury, Cheng, and Chair/Chavers. NOES: COMMISSIONERS: Beke. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: VC/Gravdahl. Funding traffic AA/Aberra reported that the matter, regarding the signals on policy for funding traffic signals on private and public & private public street intersections, is brought before the intersections Commission to clarify the intent of item #3, Existing Residential Subdivision, as presented in the staff report, prior to presentation to the City Council. Based on the criteria as presently stated, a signal such as the one proposed for Diamond Bar Blvd. and Shadow Canyon Drive would be funded by the City. This differs from staff's understanding of the intent. It is recommended that signals at private street intersections either be based on a pro -rated basis or be funded 100% by the applicant. Chair/Chavers confirmed the Commission's intentions on the issue, as it is stated in the Minutes of the April 9, 1992 meeting. He inquired if the policy developed by the Commission would create a funding conflict. AE/Liu stated that, as of this date, the City has not collected any money from the JCC development, which is a development that will be contributing their fair share towards the traffic signal at Shadow Canyon and Diamond Bar Boulevard, nor from "The Country". Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to deny staff's recommendation and to affirm the Commission's previously stated position, as indicated in the Minutes of April 9, 1992, that a residential subdivision street, whether they be public or private, intersects a public highway, a traffic signal will be paid for 100% by the City. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Ury, Beke, Cheng, and Chair/Chavers. None. None. VC/Gravdahl. October S, 1992 Page 2 C/Ury requested that the next agenda include information regarding the potential double right turn lane, off of Diamond Bar Blvd. and heading east on to Grand Avenue. C/Beke requested an update regarding the three way stop at Brea Canyon/ Pathfinder Road. There is a need for the stop sign, and it should be implemented, both now and during construction. AE/Liu stated that the 3 way stop control will definitely be implemented during the construction phase. However, it has not yet been determined, if it needs to be done during the bidding process. Staff will convey the Commission's request to the City Manager's office, and proceed accordingly. PUBLIC COMMENTS: Leroy Foster, 20933 Pasco Court, stated that he has corresponded to the Traffic Department regarding his concern of the safety of the Fallowfield and Brea Canyon Cut-off intersection. AA/Aberra stated that staff has received Mr. Foster's request, and has provided the Commission with a copy of that letter. Mr. Foster's concern will be handled administratively. CONSENT CALENDAR:Motion was made by C/Beke, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to pull item B from the Consent Calendar to item F of Old Business, and to approve item A, of the Consent Calendar, as recommended by staff. AYES: COMMISSIONERS: Ury, Beke, Cheng, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. OLD BUSINESS: Feasibility AA/Aberra presented the staff report. Staff met of constructing with the resident's representative, as was a block wall instructed at the August 13, 1992 Commission with wrought meeting, to discuss the feasibility of developing a iron fence "participation program" and/or to research the at Gold Nugget technical options available to address their concerns. It is recommended that the Commission recommend to the City Council the construction of the 3 -foot block wall with 3 -foot wrought iron fence on Grand Ave. and that the three (3) residences/property owners be the funding source of the project. October 8, 1992 Page 3 Nina Goncharov, residing at 23621 Gold Nugget, stated that the recommended wall will not mitigate their concerns regarding fire hazard, debris, and noise. She suggested that the existing wall be continued up the hill, and that the speed limit be reduced from 45 mph to 35 mph to mitigate the noise. She noted that there were three accidents that occurred within the last year, and presented pictures to the Commission. She further requested that the political signs, still remaining in their area, be removed. Carlene Wilworth, a previous resident of 23922 Gold Nugget, confirmed the various accidents that have occurred in their area over the last few. years. Heavy landscaping did not effectively reduce noise, or keep cars from rolling over the slope from an accident. The residents had, at one time discussed sharing the cost for a wall, however, because the ground on Grand Ave. is very unstable, the cost of the wall would have been very expensive. Any wall constructed would need to be a retaining wall. Larry Redinger, residing at 23999 Gold Nugget, confirmed the amount of accidents that have occurred. The fire dangers further exasperate the problems in the area. Simon Cohen, residing at 23631 Gold Nugget, also confirmed the number of accidents. He suggested that the noise level be measured during 4:30 a.m. and 9:00 a.m. Ann Reyhan, residing at 23790 Gold Nugget, and Stan Granger, residing at 23800 Gold Nugget, concurred with the statement previously made. Patricia Ube, residing at 23656 Gold Nugget, also s4ported the statements previously made. She stated that the residents of Diamond Bar should not have to pay for .problems created by the increased traffic from Chino Hills. May Lee, residing at 23988 Gold Nugget, stated that teenagers often walk through her property from Grand Avenue, and that they have found evidence of a small fire, with empty beer cans all around. C/Beke stated the following: if a wall is to be built, it should be a solid, 6 foot block wall; the cost of the wall will be expensive; a noise study is not needed because everyone is quite aware of the problem; and the speed limit cannot be reduced to 35 mph because it cannot be enforced. Speed October 8, 1992 Paqe 4 limits cannot be artificially lowered just to try to get people to drive slower. C/Ury pointed out that the Commission has already made a decision to send this issue to the City Council. He inquired if anything has been done in regards to a possible guardrail. AE/Liu stated that it is feasible to construct such a protective measure, however, the cost would be very expensive. The intention was to keep costs low. The Commission's recommendation tonight will be forwarded to the City Council. C/Ury requested staff to investigate if the City could arrange to have the political signs picked up from these residents' properties. Chair/Chavers explained that the Commission has no authority to expend City funds. He reiterated the Commission's last recommendation that, whatever staff and the residents concur is a solution, it should be presented to the City Council for the City Council to take action. Motion was made by C/Beke, and seconded by C/Ury to deny staff's recommendation, and to direct staff to consult the minutes of the August 13, 1992 meeting, for the Commission's direction. Chair/Chavers noted that staff did investigate the technical options, as was requested, and brought their findings back to the Commission. C/Ury suggested that, as an alternative to the motion, the item be accepted as an informational item, and staff be directed to continue as previously designated. He withdrew his second, therefore, C/Beke's motion died for lack of a second. AE/Liu explained that staff brought the item back to inform the Commission that staff has investigated options, as was requested. Staff would like to present this option, along- with the recommendation previously made by the Commission. Motion was made by C/Ury, seconded by C/Beke and CARRIED UNANIMOUSLY to accept this issue as an informational item, and to request staff to continue with the prior recommendations made at the August 13, 1992 meeting. October 8, 1992 Page 5 AYES: COMMISSIONERS: Ury, Beke, Cheng, VC/Gravdahl, and Chair/Chavers. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. Development of AA/Aberra presented the staff report. In a uniform determining the feasibility of establishing a warrant analysis uniform crossing guard warrant analysis standard standard for that meets the community's needs and requirements, crossing guard the Commission was presented with a report which services was prepared by Austin -Foust Associates, Inc. This item is continued from the September 10, 1992 to allow the representative from the Walnut Valley Unified School District (WVUSD) additional time to provide his comments in identifying future intersections for crossing guard services. It is recommended that the Commission review and discuss the report submitted by Austin -Foust Associates, Inc. and recommend to the City Council to continue utilizing the crossing guard warrant guidelines established by CalTrans. Clyde Evans, from WVUSD, reviewed the requests for crossing guard services, as indicated in his report submitted to the Commission. He stated that he has also submitted, as was requested at the last meeting, a 1990 crossing guard study for Lemon and Colima. All of our crossing guards have this kind of study conducted for each placement of that crossing guard. In response to an inquiry from the last meeting, he stated that the LA County Office of Education follows the guidelines of the criteria used from the Automobile Club: School Crossing Guard Programs. Their guidelines are concerned with the safety of children, and they count the number of cars differently than what is recommended by�CalTrans. C/Beke pointed out that those intersections suggested for school crossing guards, by the WVUSD, are not on the agenda and cannot be considered at this point. The issue before the Commission is the standards that should be applied to existing and future crossing guard services. He pointed out that the LA County warrants are more lenient CalTrans. He noted that the Austin -Foust Associates, Inc. report seems to be a.m. and p.m. averages for student counts, and not the count during the one peak hour in the morning and the afternoon. VC/Gravdahl, concerned with the State cutting back funds this year and next year, suggested that the 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 i.-istructed staff to prepare, for the Council's consideration, the attached franchise P 1 agreement for the provision of solid waste collection, disposal and recycling services within the V) 8, 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 ,r a� materials from single family residencm The first option consists of one 100 -gallon container for refuse and one 32 -gallon container for commingled recyclables for $9.74 per mouth. The i, VG 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 1p � 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 Ino WUW Waste Management Board in the event that waste diversion goals are not achieved. LIST OF ATTACHMMNTS:-X Stuff Report _ Resolution(s) _ Ordkwnc es(s) 7L Agreement(s) Other SUBMITTAL CHECKLIST: ralwow M MW Paw _ Public Hering Notification _ Bid Specification (on file in City Clerk's Office) 1. Has the resoiudm, agreement been reviewed Yes _ No by the City Also W 2. Does the mpat taq dm a msjoriry or 4/5 vote? MAJORITY 3. Has environms♦I�t impart been assessed? N/A _ Yes _ No 4. Has the report ban reviewed by a Commission? Yes No Which Comminim? Conseil Su�boomraittee S. Are other departments affected by the report? _ Yes No Report discussed with the following affected departments: REVIEWED BY: Tare= L. BelangerTroyI„ City Manager the City RECOMME.'v'DATTON: 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. (ii) Six (6) year term with a one (1) year six (6) month discontinuance period. (iii) Five (S) yeas, with automatic ore -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 texts 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 ge oft the exclusives right and privilege to arrange for the collection, transport w, meycft, composting and ftonl of solid waste, r cyrlable and c ompostable material generated within the incorporated City boundaries. -OR- Option 12 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 N0. 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. 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 &allghise 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. �w 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. FINANCIAL SUMMARY: 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 t� and indirect costs that solid waste collection, disposal and recycling T services will have on the City. tom- —R" -? 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 fo of Councilmembers Werner and Miller, collection, disposal and recycling Industries. PROPOSED FRANCHISE AGREEMENT rmed a special subcommittee, consisting to negotiate a municipal solid waste services agreement with Western Waste The proposed agreement with Western Waste Industries is the culmination of several months of intricate negotiations. T!he'rosulting document represents a "model" approach to Integrated- waste a0magemiht programs and is l specifically designed to achieve -state, -sitate mandated diversion goals .lb ,mac. maintaining the lowest Don cost to the City and its residents. some of the principal features incorporated within the proposed agreement include, but are not limited to: V • 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. • CITYWIDE RECYCLING SERVICES. Western will institute a comprehensive recycling program consisting of curbside recycling services for jingle -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. o BULKY GOODS PICK-UP. During the first year of the contract, western will provide free unlimited curbside collection of 0 • bulky goods upon request to residential* subscribers. 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 that4,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. 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. 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 container, at no additional charge to. the service recipients. itW CITY , 1X1 %U0L - 440INI(M 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 bi.Qlogically 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.. 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 contaipers at the curb due to physical disabilities. 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. 3 1 REVIEW AND APPROVAL c TROL OVER RATES. Except for annual adjustments to reflec changes in the Consumer Price Index (CPI) and landfill tij >ing fees, collection rates cannot be U' modified or adjusted less approved by a resolution of the City Council. ��\\ 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. k 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 approv6d by the City Manager, will cost $8.90 per month and will consist of one (1) 64-9a,11on container for refuse and one (1) 32 -gallon container for comminglad recyclables. ,Ddx"I r mak►+ ov* f i t 'V,6,Av_-V_ WAJ l; The rates negotiated with Western are 11% to 17% lower than t -_ rates currently charged by other solid waste companies for residential co tion services. This represents a savings of $1.21 over Community's coli rate and (.01 over Waste Management's residential collection rate iw.a A6 An- analysis of Wester=,a:,r*te compared to current waste collection C W other cities reveals a comparable cost savings as well. According -- California Disposal Association, which conducts a quarterly survey of ` rates in Los Angeles County, in those cities that have an -exclusive franchi agreement the average charge for residential coll6oti6si 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 $75.001. (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. CUSTOMER SATISFACTION Throughout the term ( PERFORMANCE AND EQUIPMENT STANDARDS. this Franchise, the City hold W may lip annual hearings to rev. >�w Western's performance and quality of �1 services. If any de-:ciencies exist, the City may direct Western to correct the inadequacies or face possible damages i A l4L or termination of the Franchise Agreement. ��\\ 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. k 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 approv6d by the City Manager, will cost $8.90 per month and will consist of one (1) 64-9a,11on container for refuse and one (1) 32 -gallon container for comminglad recyclables. ,Ddx"I r mak►+ ov* f i t 'V,6,Av_-V_ WAJ l; The rates negotiated with Western are 11% to 17% lower than t -_ rates currently charged by other solid waste companies for residential co tion services. This represents a savings of $1.21 over Community's coli rate and (.01 over Waste Management's residential collection rate iw.a A6 An- analysis of Wester=,a:,r*te compared to current waste collection C W other cities reveals a comparable cost savings as well. According -- California Disposal Association, which conducts a quarterly survey of ` rates in Los Angeles County, in those cities that have an -exclusive franchi agreement the average charge for residential coll6oti6si 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 $75.001. (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 City should consider a longer term 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 ramificatios 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 consigloration for the isipeects that these services have on the City's infrastructure (e.g., streets, � gutters, sidewalks, etc.), liability exposure, and ability to reset itr, lipte is Hm- mandated waste diversion goals. ND I N� 1 Mss t� � -yu c4j11*1 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 paymentshould be referred to the City Counci� 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 "model" approach to integrated waste management programs. In addition to thi areas highlighted above, this agreement contains a variety of free service: such as pick-up of illegally dumped bulky goods, disaster preparedness containers for schools and public facilities, and no cost refuse collectii 04 and recycling services for all public schools and other public facilities 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 $80 million, six-year contract by the City of San Jose to provide recycling and refuse collection services to almost 60% of their single-family residences. In selecting Western Waste, San ,Tose officials cited the company's thorough technical proposal, excellent data monitoring and reporting, and good community relations program. Staff believes that Western Waste has demonstrated a higher level of commitment, resources and overall capabilities to not only meet the varying needs of the community, but to insure compliance with state mandated diversion goals at the lowest possible cost. Therefore, it is recommended that the City Council consider one of the aforementioned options and direct staff as necessary. PREPARED BY: ezy Assistant the Cit e City l� OPAL SOLS WASTE COLLEC AND RECYCLING S TION, DISPOSAL, SERVICES CONTRACT WAn Apreemg Between , - y of �►aorxsl este" Waste - s for f T arca► . n"pw son �y C ft anal of SOM Wa a ReCy and Corr�vostaft Abt&*i std SECTION 9. TERM. Version 3 A. The term of this Franchise shall be for a period of five (5) years, and shall commence on and expire on . On the first anniversary of the effective date of the term of this Franchise Agreement, and on each anniversary date thereafter the term of this Agreement shall be automatically extended one (1) year, so that the remaining term shall continue to be five (5) years. In no event shall said term, including any extension thereof, at any time exceed a total period of ten (10) years. Should either party desire termination of the automatic one (1) year extension provision, that party shall give written notice to the other party of such termination, at least thirty (30) days prior to the anniversary date. Such notice shall terminate this automatic extension provision, and this Franchise Agreement shall then remain in effect for the balance of the five (5) -year term, unless earlier terminated for default or by agreement of the Parties. V� , �L © ® 06 @ ® a$ 't rn m; m | cocoa*** PPPPPP#■ §§ �■■a■■�B $ § | § � i � | a Ba§a@s88 § ■ | m § ■; . e � I ��■�■a4■ §§ A @9888888\ ■ �\ §�������� ■ � ■ �^^ ■ § ■�■@aa�� q 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. TABLE OF CONTENTS SECTION PAGE SECTION 1. GRANT OF EXCLUSIVE FRANCHISE FOR COMMERCIAL, RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND TEMPORARY BIN SERVICES ........................... 3 SECTION 2. DEFINITIONS ..................................... 4 SECTION3. ACCEPTANCE: WAIVER .............................. 7 SECTION 4. FRANCHISE AREA ................................... 7 SECTION 5. SERVICES PROVIDED BY GRANTEE ..................... 7 SECTION6. FRANCHISE FEES ................................... 11 SECTION 7. REIMBURSEMENT OF CITY EXPENSES ................... 11 SECTION8. PERFORMANCE DEPOSIT .............................. 11 SECTION9. TERM: EXTENSIONS ................................. 12 SECTION 10. FRANCHISE TRANSFERRABLE: CITY CONSENT REQUIRED ................................. 12 SECTION 11. FRANCHISE TRANSFER: FEES ........................ 13 SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION ............. 13 SECTION 13. MEDIATION PROCEDURE ........................0..... 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 SECTION25. OWNERSHIP OF SOLID WASTE......................... 27 SECTION 26. INDEMNIFICATION AND INSURANCE.................... 28 SECTION 27. GRANTEE'S BOORS AND RECORDS: AUDITS.............. 30 SECTION28. GENERAL PROVISIONS ............................... 31 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 OF DIAMOND BAR 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 CAB 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 of Diamond Bar (hereinafter, "Ordinance 2-90") and California Public Resources Code Section 40059(a)(1) for 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-wdeting 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 Diann„ Bar. �L S SCS 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. NvM-(AMlc.1 F5' y a CWl F. "Commercial Subscriber" means a subscriber to solid waste collection, disposal and recycling services which occupies any commercial, industrial, any mobile home ark, any hotel or motel, or any building in which a combination of residentia-T 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 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). 1& 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. P�ot--�6- Orpi� J. "Franchise Fee" means the fee or assessment imposed the City on Grantee # because of its status as party to this Franchise, and which, is intended to offset the City's expenses in administering this franchise and to compensate City for �1 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 p( 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 J 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 amou t f gross revenue any landfill f 'd to a landfill operator; and (ii) the am t of any bad debts incurred by the grantee Zr refunds returned to customers, provid that the revenue with respect thereto has been included in the computation of gros revenues. •WW:• 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 sea.. 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 6 or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. O. "Industrial Waste" means all solid waste and semi-solid waste which results from industrial processes and manufacturing operations. 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 materials, used motor oil and such other materials designated by City's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other 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. t U. "Residential Solid Waste" means all types of domestic garbage an446bbktXhich originate from residential properties which utilize one or more idivi u residential type solid waste containers, including any household hazardous aste which may be found to have been placed in the residential solid waste stream. . Aav- rV. "Residential Solid Waste Containers" means solid waste containers, typically of 100 -gallon capeAty, utilized by single-family residences. The term "Residential Solid e.,%So, 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 n location, which utilizes one or more individual residential type solid waste containers. 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 any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. SECTION 4. FRANCHISE AREA. A. Franchise Area Defined. The Franchise Area granted by this Franchise shall be all residential, commercial, industrial, and construction premises as set forth 'in Exhibit "A". As provided below, the Franchise Area may be changed by annexation. Annexation Covered by Existing 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. z-f--,tt A. General. Grantee shall provide Refuse, Compq#ables and Recyclables collection, transportation, recycling and marketing services within the Franchise Area in accordance with the terms of this Fr chise and Ordinance 2-90. f B. Single Family Residential. 6 - 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 Subscriber as defined in Section 21. 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. 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. (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. Commercial. Industrial, and Multi -Family Residences. Grantee shall collect and remove solid wastes that have been placed in bins, from all commercial, industrial, and multi -family residences within the City 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 -Family Weekly Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premi®es where the bins are located, Grantee shall collect and remove solid waste 0 (including bulky items which have been placed in a closed bin) which has 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 Weekly 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 Progrgm. 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. bwk '4a U Wd Y L� H. Yard Waste Collection. The Grantee shall provide yard w collection services in the Franchise Area in accorM6 with the terms set o in I. " and the rates set forth in Exhibic E. `� •� b Exhibit D , Holiday Tree Recycling, Grantee shall collect. t -ansport and recycle as mulch all Holiday trees which are placed at the !urbside, from all single family residences within the City during the 1 eriod beginning on the first Monday following Christmas and ending )n the third Monday in January. J. Special Wastes. Grantee may, but is not required to, provide such collection, transportation and disposal services f c)r Special Wastes as set forth in Exhibit "B". Grantee may provide such service for Special Wastes if contracted to do so by customers 11inder 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 qL 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. Pick -Up of Ille¢ally Dumped Bulky Goods Grantee agrees, at no 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 Bina 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 Iledictates 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 ROt 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, loss landfill tfeesshall be payable by Grantee to City 30 days after the close of ea goof 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. i�3� Tye _ C. A. Performance Deposit. Contemporaneously with the execution of this Franchise the Grantee shall deposit the sum of Ten Thousand Dollars ($1(4000.00) in an interest bearing account. The performance deposit shall eon 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 eixtension 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. 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 TERMINATIO 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 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 14 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 thematrol of the Grantee. (6) If the Grantee willfully fails to make any payments r red 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 denages 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 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 1t� 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, 17 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. 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 responsibili%y 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. PRIVA 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 18 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: w� it$�-. (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; 19 (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 governmept 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. ?U1 (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. W A. At City's sole option, within ' ety (90) days of the first anniversary of the effective date of this Fr , and each year thereafter throughout the term of the Franchise, Cit old 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 andf,01" ty of service. If any noncompliance with the Franchise is found, Cityirect Grantee to correct the inadequacies in accordance with Sections 1e. 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. 21 B. Sixty (60) days after receiving notice from the City, Grantee shall submit a report to City indicating the following: (1) All refuse collectioyomposting 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 939's 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" (1) OPTION I Single Family Residential Collection D1sDosal 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: 22 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 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 Disoutes Regardine 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 23 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 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 Q property if payment is not received. If payuma is net reg i WIWA 60 days after the date of bUUa& Groat" their PrO on . form approvectby City, that a lien � been 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 24 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' authorized. 0 (4) Solid was collection vehicles shall be washed at least once every seven (7) calendar days. (5) "Diamond flan Ecosystems", a local or toll flee telephone number, and vehicle number shall be visibly displayed on all vehicles in letters and figures no less than five inches (51 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 Evervones' Resvonsibilltv." 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 Mana* 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 W. 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. i 5 Subject to the provisions of this Franchise, Grantee shall have the right to retain any benefit and share with the City, at the tion, upto one-half of the profit resulting from its right to retain, recycle, ponapost, dispose of or N use the refuse or recyclables which it oolleats. &VU& #me u the City and Grantee share profits resulting tom the ' 4�pl -of the refuse or �' and ��°s� recyclables vr�hid3 it ©oltects . ` 1nchise Area, the r+�s die City and Grantee max negotiate a rate increase.'" is T Nt & rr dabs ? � (b) Refuse, compostables, ' po 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 V� facility shall be used by Grantee to retain, recycle, compost, process, and �h 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 g P 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 Count ( � the landfill tipping fee is $36.65 per ton. iG 1L4 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 28 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: 29 (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 tP 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 atter 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 4 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, CAB 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. 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 -D ssri (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. 34 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. Z 6u,.;:" 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. 38 \ � EXHIBIT C RECYCLING PROGRAM a rkA. ' Grantee agrees that it will cause at least twenty-five percent (25%) of the FP waste stream collected under this Franchise to be diverted from ultimate deposit in landfills or transformation facilities by January 1, 1995, in 5 {� accordance with the regulations implementing the California Integrated Waste Management Act of 1989 as amended (also known as "AB 939"). �11� B. Not later than 90 days after the execution of this Franchise,rantee will institute a curbside recycling program for single -family re dentes. The Grantee shall provide a 32-gallon container or suitable alternative capable of storing commingled recyclables to be made available for bi.wee y 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 �n 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 rec#;ling 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 geeia 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. 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 coWunction with the use of a materials recovery facility, to recover recyclables. (1) (2) (3) At such time as a materials recovery facility (MRF) becomes available to accept the solid waste from the Franchise Area covered by this OQ Franchise, City may at its sole option and upon three (3) months notice, ge require Grantee to implement an automated collection system. City and 14 Grantee will negotiate a reasonable adjustment in rates. Cirantee, 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. 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. 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". 40 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. City may at its sole option and upon three (3) months notice, require Grantee io, to implement a mandatory curbside yardwaste collection progrow0wo r sing i�'% 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 �, i` acceptable to City and Grantee. In the event such a program is _'D acceptable during the term of this Franchise, Grantee agrees that it will expend all funds reasonably necessary to design, develop, and N� provide the equipment necessary for such a program, and that City shall U� 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 tLf, C4�)44' ;"'r L5�- rim, effect until January 1, 2000, eighty p cent (80%) by January 1, 2000. If a shortfall exists, the Grantee may . plement 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 "P. 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. 42 EXHIBIT E SCHEDULE OF RATES Company Billing 1. Semi -Automated Residential Collection, Disposal and Recycling Services: A. Single Family Residences: p� 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 &#AA4U1jD 3 Cubic Yard 1 x week $53.00 W:9 2 x week $93.00 11 3 x week $133.00 4 x week $122.00 5 x week $212.00 6 x week $2§6.00 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 Tof All, 2 x week $75.00 43 3B. Industrial/Rolloff Container Recycling 40, 10 cubic yard (Designated Items - Per Dropofi) $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 b� 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 Bernaedino County the landfill tipping f& is $36.65 per ton. .ti AA11MAMO 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 S9%) 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) INDUSTR.IAL/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) ORMULA: (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 ff �$22. x $2.50 3 $0.525 x 25% =$0.13 25 - $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. 5 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/ROLLOF'F 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: 'deduce -Reuse -Recycle: It's Evervones' ResvonsibiQitv-" 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 garbage/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 technicalinformation 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. Onaoing 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. IQ REVISED FRANCHISE AGREEMENT NOVEMBER 17, 1992 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 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 28 SECTION 25. OWNERSHIP OF SOLID WASTE ......................... 27 SECTION 26. INDEMNIFICATION AND INSURANCE .................... 28 SECTION 27. GRANTEE'S BOOKS AND RECORDS: AUDITS....... ....... 31 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 (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 Evervones' Responsibility." The decal on the residential refuse container shall be located on the side of the container 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 huch 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 26 pursuant to Ordinance No. 2 (1990) of the City of Diamond Bar (hereinafter, "Ordinance 2-90") and California Public Resources Code Section 40059(a)(1) for 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 (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 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. 34 or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. O. "Industrial Waste" means all solid waste and semi-solid waste which results from industrial processes and manufacturing operations. P. "Multi -Family Residences" means residential units such as apartments, condominiums and townhomes, other than Single Family Dwellings, which utilize bins or other containers, 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 materials, used motor oil and such other materials designated by City's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other 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 of domestic garbage and rubbish which originate from residential properties which utilize one or more individual 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, 0 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. 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. 13 (1) 64 -gallon container or suitable alternative to certain eligible Residential Subscriber as defined in Section 21. During the lFirs year of this Franclifse Agreement, Grantee agrees to cooperate, t t C, in an elcrt #�t cleveIop a var'rable'can rale system far dents Stirs 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. 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. (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. 6:30 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. Commercial. Industrial. and Multi -Family Residences Grantee shall collect and remove solid wastes that have been placed in bins, from all commercial, industrial, and multi -family residences within the City 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. 0 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 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, iNhe 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) 15 H. Yard Waste Collection. The Grantee shall provide yard waste collection services in the Franchise Area in accordance with the terms set forth in Exhibit "D", and the rates set forth in Exhibit "E." Holiday Tree Recvclin¢ 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 collection, transportation and disposal services for Special Wasteseas s t 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 -Un 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, eellestielaRors en dates Upon requ� 1:: frrlde collect+ems. of bulk�r>�+nadg 18>!` 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 10 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 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 judgmerit 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. 17 SECTION S. PERFORMANCE DEPOSIT. A. Faithful Performance Deposit. Contemporaneously with the execution of this Franchise the Grantee shall deposit the sum of Twenty Thousand Dollars ($20,000 0.0 �n ark xntexeet Barin ons quarterly: basis, any interest acm Atter-Rey.- The faithful 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 faithful 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 faithful performance deposit to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn from the faithful 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 -1 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. 12 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. 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. 13 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 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. 14 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) ollowing (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 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 1939, 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. LIQUIDATEID 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) 15 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 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 W 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 it has been determined that a breach has occurred, the fito ve thousand dollars ($5,000.00). The amount of thenpenalty shall alty may be up 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' end 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 ply 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. 17 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, 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 fqLcilities 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 18 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 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 Relports. 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. 19 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; (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 20 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. (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 REVTFW OP P& l?L+nnw,r A l►Tf1T1 1 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. Thq 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. 21 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. B. Sixty (60) days after receiving notice from the City, Grantee shall submit a report to City indicating the following- (1) ollowing (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 939's 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. 22 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: Senior Citizens, Disabled Individuals, and other situations as approved by the City Manager. (3) Commercial and Multi -family Residences in 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 shall, upon request, 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. Commen- cing 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 p� la othe�'vwie PhYxiThis 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 23 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 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. Delinauent Accounts. 24 (1) Grantee may discontinue service and remove bins from commercial subscribers for nonpayment. Commercial subscribers that have not remitted required payments with thirty (30) days after the date of billing shall be notified, on forms approved by the City, that services may be discontinued fifteen (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 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. 25 (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 Evervones' Resuonsibilitv." The decal on the residential refuse container shall be located on the side of the container 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: 'Prouerty 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 M 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 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 ($5,000.00), 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 27 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 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, ei4ployees 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 28 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 Franchi#e full workers compensation insurance in accord with the provisions and requit'ements 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. 29 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: (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 Maier 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 30 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. 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. 31 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 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, CAB 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 ona gr 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, 32 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: 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 andEn�t_y. 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. 33 (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 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. 34 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 (Excliding Used Motor Oil). i Bulky Goods not collected during scheduled collection events. 38 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 as 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". 40 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 cuVbside 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. 42 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 - $10.45 per month. one (1) 64 -gallon container OPTION II one (1) 32 -gallon container - $9.55 per month. B. Special Services per Single Family Residence: o Senior Discount 15110 off services rendered 2. Commercial/Multi-family Bin Rates (Selected Bins - Monthly Rate)* 2 Cubic Yard 1 x week $45.75 3 Cubic Yard 1 x week $57.70 2 x week $101.25 .3 x week $144.80 4 x week $187.30 5 x week $230.85 6 x week $278.75 6 Cubic Yard 1 x week $98.00 2 x week $172.05 3 x week $246.10 4 x week $320.15 5 x week $394.20 6 x week $476.95 14 *Note: Charges Tor 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 Dropof) $144.45 4. 40 cubic yard Rolloff Container $240.45 5. 10 cubic yard Rolloff/Lowboy Box $272.45 6. Temporary Service (3 cubic yard/1 pickup) $72.00 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, l landfill ;tipping fe8 and franchise. fee,: 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 passthrough of any tipping fee increase, and shall be effective at the start of the first full billing period after the tipping fee is adjusted. The tipping fee adjustment shall be equal to the amount derived by multiplying (a) a percentage amount, as negotiated by the City, of each dollar increase in disposal cost; and (b) the current published recycling diversion rate (less greenwaste and other inert materials). 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 - T1% - Fl% x SA%) x CPI -U Where "T1" is equal to the actual percentage share of landfill related cost. T1=34% Where "Fl" is equal to _ percent franchise fee. Where "S,," is equal to the actual percentage share of service related cost. S,,=66% Example: ($10.45 - $3.31 - $0.71 x 66%) x 3.6% = $0.23 Rate Increase (b) COMMERCIAL Exhibit "E," paragraphs 2,3,6,7: (Rate - T1% - Fl% x S1,%) x CPI -U Where "Tl" is equal to the actual percentage share of landfill related cost. T1=20% Where "Fl" is equal to _ percent franchise fee. Where "SB" is equal to the actual percentage share of service related cost. SB=80% Example: ($57.70 - $10.60 - $4.71 x 80%) x 3.6% _ $1.22 Rate Increase (c) INDUSTRIAL/ROLLOFF Exhibit "E," paragraphs 4-5 (Rate - T1% - F1% x Sc%) x CPI -U Where "Tl" is equal to the actual percentage share of landfill related cost. T1=44% Where "Fl" is equal to _ percent franchise fee. Where "Sc" is equal to the actual percentage share of service related cbst. Sc=56% Example: ($240.45 - $99.44 - $25.11 x 56%) x 3.6% = $2.34 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) 45 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 $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 General] 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 ownershnanagers, 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' Responsibility." 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. 48 C. Technical Information Sheet The Grantee shall prepare a technical information sheet which explains the operation of the their services, the delivery schedule for bins and containers (where necessary), material preparation, the garbage/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. Ongoina 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 keepthe publicinformed 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. 49 City of Diamond Bar Meeting Agenda For November 17, 1992 1. 5:00 P.M. CLOSED SESSION: Litigation - G.C. 54956.9 Personnel - G.C. 54957.6 2. CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR KIM DRAFT 11/09/92 Page: 1 ROLL CALL: Councilmen Forbing, Miller, Werner, Mayor Pro Tem Papen and Mayor Kim 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. CONSENT CALENDAR: 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 PARKS & RECREATION COMMISSION - NOVEMBER 19, 1992 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.2 PLANNING COMMISSION - NOVEMBER 23, 1992 - 7:00 P.M AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 THANKSGIVING HOLIDAY - NOVEMBER 26 - 27, 1992 - City Offices will be closed. 5.1.4 CITY COUNCIL MEETING - DECEMBER 1, 1992 - 6:00 P. M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES - MEETING OF NOVEMBER 3, 1992 5.3 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED November 3, 1992 in the amount of $ . 5.4 NOTICE OF COMPLETION - CARLTON J. PETERSON PARK CONCESSION STAND ADDITION - On May 19, 1992, Council awarded a contract to Creative Homes, the lowest responsible bidder, for the Concession Stand Addition at Peterson Park. The construction has been completed and is ready to be accepted by Council. Recommended Action: Accept work performed by Creative Homes and authorize the City Clerk to file the Notice of Completion. 5.5 RESOLUTION NO. 90-45F: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS - City of Diamond Bar 11/09/92 Meeting Agenda For Page: 2 November 17, 1992 5.5 RESOLUTION NO. 90-45F: RESOLUTION OF THE CITY Recommended Action: Adopt Resolution No. 90-45F... 5.6 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE CANDIDACY OF MAYOR PRO TEM PHYLLIS PAPEN TO MTA BOARD - Re mmended Action:. 6. OLD BUSINESS: - 6.1 MID -YEAR BUDGET ADJUSTMENTS - Recommended Action: 6.2 POLICY FOR FUNDING TRAFFIC SIGNALS AT PRIVATE & PUBLIC STREET INTERSECTIONS - Continued from October 20, 141 1992. Recommended Action: 6.3 RESOLUTION NO. 92 -XX: 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 SPIRNGS ROAD - Recommended Action: 6.4 SOLID WASTE - CONTINUED FROM NOVEMBER 3, 1992 - Recommended Action: 7. NEW BUSINESS: 7.1 ORDINANCE NO. X (1992): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR .... UNIFORM WATER ORDINANCE - 7 rst Recommended Action: 7.2 R OLUTION O. 92 -XX: A RESOLUTION OF THE CI Y CIL I E CITY O AMOND ..AFFI IVE A Re nded A do . Adopt soluti n 92-X 7.3 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TRANSFER OF PROPOSITION A FUNDS... Recommended Action: t' � 7.4 n ANNUAL DISADVANTAGED BUSINESS FOR BIDS (DBE PLAN) - Recommended Action: City of Diamond Bar 11/09/92 Meeting Agenda For Page: 3 November 17, ` 199219 . 7.5 GRAND AVENUE Recommended Action: 7.6 C'! ECON SURVEY Recommmended Action: 7.7 DISCUSSION RE METHOD OF FILING VACANCY ON CITY COUNCIL - ac)/5j yo Recommended Action: 8. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER as matters can be heard. 8.1 ORDINANCE NO 5A (1992) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING INTERIM ZONING ORDINANCE NO. 5 (1992) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF - Recommended Action: 8.2 ZONING CODE AMENDMENT NO. 92-2: CONSIDERATION OF A HILLSIDE MANAGEMENT ORDINANCE (HMO) TO ESTABLISH PERMANENT STANDARDS FOR HILLSIDE DEVELOPMENT - Continued from November 3, 1992 Recommended Action: Open the Public nVaripg,. receive public testimony and... a,0t yat7 8.3 VESTING TENTATIVE TRACT MAP NO. 47850 AND CERTIFICATION OF DRAFT MASTER ENVIRONMENTAL IMPACT REPORT NO. 91-2 - Recommended Action: 9. ANNOUNCEMENTS: 10. ADJOURNMENT: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �. a iv: Terrence L. Belanger, City Manager MEETING DATE: November 17, 1992 REPORT DATE: November 12, 1992 FROM: James DeStefano, Community Development Director TITLE: Extension of Ordinance No. 5 (1992), Interim Agricultural Zone SUMMARY: Ordinance No. 5 (1992) is an interim ordinance which was adopted on October 6, 1992, and was enacted to bring the Agricultural Zone land uses into conformance with the General Plan classification. Ordinance No. 5 is scheduled to expire on November 20, 1992 unless extended by the Council. RECOMMENDATION: It is recommended that the City Council approve the extension of the Interim Agricultural Zone Ordinance and adopt Ordinance No. 5-A (1992). LIST OF ATTACHMENTS:X Staff Report Resolution(s) X Ordinances(s) _ Agreement(s) -- Other EXTERNAL DISTRIBUTION: NONE J U BM1TI AL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) 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? 415 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: REYAEWED BY: G Terrence L. Belanger City Manager Alq�&.A I" � Vmes DeStefano munity Development Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 17, 1992 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Extension of Interim Agricultural Zone Ordinance No. 5 (1992) ISSUE STATEMENT: Ordinance No. 5 (1992) pertains to certain provisions of Title 22 of the Los Angeles County Code, as adopted by the City of Diamond Bar, regarding permitted land uses within the Agricultural Zone as designated within the General Plan. The Interim Zoning Ordinance is scheduled to expire November 20, 1992, unless extended by the Council. RECOMMENDATION: It is recommended that the Council approve the extension of the Agricultural Zone Ordinance and adopt Agricultural Zone Ordinance No. 5-A (1992). FINANCIAL SUMMARY: N/A BACKGROUND: 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. 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. 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). At the express request and direction of the City Council, the City Staff has continued to initiate 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. 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). DISCUSSION: As the Interim Ordinance draws close to the expiration date, it has been determined that the conditions which precipitated the need for the ordinance have remained unchanged to the extent that the City deems adequate no to let the Interim Ordinance expire. As the conditions continue to persist, staff recommends the extension of the Interim Ordinance. PREPARED BY: Robert Searcy, Associate Planner Attachments: Ordinance No. 5-A (1992) ROBWO7.ONM.mM ORDINANCE NO. SA (1992) 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 MATING 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. Thereafter, the City Council adopted its Ordinance No. 14, thereby adopting by reference the Los Angeles County Code as the ordinances of the City of Diamond Bar, including Title 22 thereof setting forth the applicable planning and zoning regulations for the City of Diamond Bar. (Hereinafter said Title 22 shall be referred to as the "Zoning Ordinance.") (ii) With the recent incorporation of the City of Diamond Bar, the City Council has examined the existing Los Angeles County Zone District Plan and Zoning Ordinance as the same pertain to existing and potential development affecting the City of Diamond Bar. Such examination has revealed that there are areas within the sphere of influence of the City which do not provide a stable transition of densities and/or uses and are, as such, incompatible, both internally and with adjacent zones and uses. The City Council adopted, on July 14, 1992, the City of Diamond Bar General Plan which also considers properties within the sphere of influence of the City, the development of which will affect the City. The Agricultural zoning districts of the Zoning Ordinance allow for a 1 wide range of land uses permitted by right which do not require discretionary review by the City. Further, it is not certain that all such permitted land uses are appropriate land uses within such zoning districts respective to the intent of the City's General Plan. With an adopted General Plan, but lacking appropriate local development standards for review of development, such an approval scheme does not contribute to appropriate community development and would frustrate any effective long-range planning efforts on behalf of the City of Diamond Bar. (iii) In recognition of the need for effective long- range planning criteria, the City Council has directed staff of the City to study and formulate amendments to the Zoning Ordinance to assure adequate local review of, development standards for, and appropriate permitted land uses within the areas designated in the General Plan as Agricultural land use districts, pending the adoption of the ultimate zoning and development criteria for such lands. (iv) The granting or support of land use approvals and/or building permits for proposed land uses permitted by right would not conform to the General Plan or development approval scheme and would contradict the specific purposes for such Zoning Ordinance amendments as related to consistency with the General Plan. Moreover, pending the completion of such amendments, it is foreseeable that further development proposals or land use proposals for property which is both designated as Agricultural by the General Plan and zoned with an Agricultural zoning district 2 designation will be sought or submitted which would contradict the Ultimate goals of the proposed Zoning Code amendments and the adopted General Plan. (v) This Council is concerned about the creation of an orderly and balanced development within the proximate to the City of Diamond Bar. Accordingly, to protect the integrity of the adopted General Plan and to assure the continued development stability of those properties both designated by the General Plan - Plan for Land Use and zoned Agricultural within the City of its sphere of influence, this Council finds it is necessary to establish interim zoning policies to allow City staff the time necessary to investigate and formulate the above -referenced Zoning Ordinance amendments. (vi) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ordinance. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2. The City Council further finds as follows: a. The City of Diamond Bar has adopted a General Plan for development in the City of Diamond Bar. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City of Diamond Bar and its sphere of K. influence and protect the economic, social and cultural welfare of persons and properties within the City of Diamond Bar. The current Zoning Ordinance of the City of Diamond Bar does not provide sufficient standards for City staff, Planning Commission or City Council to recommend upon or review applications for the approval, or determination of, appropriate land uses within the areas designated by the General Plan -Plan for Land Use as Agricultural. b. The present recommendation of or approval of any land uses for land both zoned and designated on the General Plan - Plan for Land Use as Agricultural would contradict the ultimate goals and objectives of the General Plan and would not be subject to adequate local regulation review under the current provisions of the Zoning Ordinance; and C. The recommendation of approval of any proposed land uses within the areas designated as Agricultural in the General Plan -Plan for Land Use and zoned Agricultural under the current provisions of the Zoning Ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Diamond Bar. Section 3. The interim Zoning Regulations pertaining to the permitted land uses within the Agricultural zoning districts which are also designated as Agricultural on the General Plan -Plan for Land Use, as set forth in Exhibit "A" hereto, which are incorporated by reference herein as if set forth in their entirety, are hereby adopted. Section 4. This Ordinance is enacted under the authority 4 of California Government Code Section 65858 (a) and hereby is extended and shall be of no further force and effect as of the 6th day of October, 1993. Section 5. This Ordinance hereby is declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858 (a) and 36937 (b), and this Ordinance shall take effect immediately upon adoption. Section 6. 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 No. 89-6, as amended. ADOPTED AND APPROVED THIS 17th day of November. 1992. Mayor 5 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced and passed at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of November, 1992, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: RMP511WOR CORDSIAORICULT ATTEST Lynda Burgess, City Clerk of the City of Diamond Bar A