HomeMy WebLinkAbout12/01/1992CITY C 0 U N CIL
AGENDA
Mayor -Jay C. !Gm
Mayor Pro Tem - Phyllis E. Papen
Councilman - John A. Forbing
Councilman - Gary H. Werner
Councilman - Gary G. Miller
City Council Chambers
are located at:
South Coast Air Quality A4anagement District A uditonum
21865 East Copley Drive
Please refrain from smoking, -e-a-fing or drinking in the Z6—mcit Chambers
MEETING DATE: December 1, 1992 Terrence L. Belanger
City Manager
Andrew V. Arczynski
City Attorney
MEETING TIME: closed Session - 5:00 p.m. Lynda Burgess
Regular Session - 6:00 p.m. City Clerk
Copies of staff reports or other written documentation' relating to each item referred to art lhis>,agertda
are: an fife in the Office of the City Clerk and are available for'public Inspedlon. li you have questions
togardlhg an agenda item, please contact the C4:: Clerk at 01. 86Q-2480"during businesshours.
fne cry of D/amond 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. 92-64
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
this agenda. Please complete a Speaker's Card and give it to
the City Clerk (completion of this form is voluntary). There
is a five minute maximum time limit when addressing the City
Council.
4. COUNCIL COMMENTS: Items raised by individual
Councilmembers are for Council discussion. Direction may be
given at this meeting or the item may be scheduled for action
at a future meeting.
5. CONSENT CALENDAR: The following items listed on the
Consent Calendar are considered routine and are approved by a
single motion.
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1
City Council Meeting - December 8, 1992
- 6:00
p.m., AQMD Auditorium, 21865 E. Copley
Dr.
5.1.2
Traffic & Transportation Commission - December
10, 1992 - 6:30 p.m., AQMD Hearing Room,
21865
E. Copley Dr.
5.1.3
Planning Commission - December 14, 1992
- 7:00
p.m., AQMD Auditorium, 21865 E. Copley
Dr.
5.1.4
City Council Meeting - December 15,
1992 -
6:00 p.m., AQMD Auditorium, 21865 E.
Copley
Dr.
5.2 APPROVAL OF MINUTES - Regular Meeting of November 17,
1992.
5.3 WARRANT REGISTER - Approve Warrant Register Dated
December 1, 1992 in the amount of $425,954.33.
DECEMBER 1, 1992
PAGE 2
5.4 TREASURER'S REPORT - Receive & file Treasurer's Report
for the Month of October, 1992.
5.5 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of October 22, 1992 - Receive & file.
5.6 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Minutes of
September
10, 1992
-
Receive & file.
5.7 PLANNING
COMMISSION MINUTES -
5.7.1
Meeting
of
August 10,
1992
- Receive & file.
5.7.2
Meeting
of
September
14,
1992 - Receive &
file.
5.7.3
Meeting
of
September
28,
1992 - Receive &
file.
5.7.4
Meeting
of
October 12,
1992
- Receive & file.
5.7.5
Meeting
of
October 26,
1992
- Receive & file.
5.8 APPROVAL OF PLANS AND SPECIFICATIONS FOR THE PURCHASE AND
DELIVERY OF PLANTING AND IRRIGATION MATERIALS FOR ROUTE
60 FREEWAY PROJECT - On April 7, 1992, Council authorized
an agreement with CalTrans for the Environmental
Enhancement & Mitigation Program. The City was awarded
a $563,000 grant for installation of an irrigation system
and planting of 5,500 trees along Route 60 Freeway and
Peterson Park. Plans and specifications have been
completed and are prepared to go out to bid for planting
and irrigation materials.
Recommended Action: Approve plans and specifications for
purchase and delivery of planting and irrigation
materials for Route 60 Freeway project and direct the
City Clerk to advertise to receive bids.
5.9 CLAIM FOR DAMAGES - Filed by Vinod & Sushma Kashyap
November 16, 1992.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk
Manager.
5.10 TRANSFER OF MESSAGE BOARD TO WALNUT VALLEY UNIFIED SCHOOL
DISTRICT IN EXCHANGE FOR PROVIDING THE CITY OF DIAMOND
BAR WITH MEETING FACILITIES AND POSTING LOCATIONS - In
March 1990, the City purchased a 24"x 30" wall mounted,
single -faced sign with locking plexiglass, doors on the
brick wall outside the entrance to the Walnut Valley
Unified School District Board Room. The purpose of this
sign was to provide a secure, dry location for posting of
City Council and Commission agendas, and other notices as
required by State statute. Upon completion of the South
Coast Air Quality Management District building and the
City's subsequent move to the Auditorium for Council and
Commission meetings, posting of public notices was
DECEMBER 1, 1992 PAGE 3
changed to the AQMD location. The City's other two
posting locations were not changed and notices continue
to be posted at the City Hall and Library as well as the
AQMD. As the posting box at the Walnut Valley Unified
School District is no longer used by the City, it is
staff's recommendation that the item be transferred to
the District in exchange for the privilege of using their
facilities for meetings and allowing the City to
permanently affix the posting box.
Recommended Action: Direct staff to prepare a Bill of
Sale providing for the transfer of the City's "posting
box" sign affixed to the wall of the Walnut Valley
Unified School District offices in consideration of the
District's generosity in providing meeting facilities and
a notice posting location to the City.
5.11 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY SEWER
MAINTENANCE DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT
ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF
SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. 10883 IN
THE CITY OF DIAMOND BAR FOR FUTURE OPERATION,
MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE
TRANSFER AND CONVEYANCE THEREOF - Private Contract Sewer
No. 10883 was constructed in 1988 as part of the Cinema
development in Parcel 18722. Subsequently, the drain was
inspected and approved by L.A. County Department of
Public Works.
Recommended Action: Adopt Resolution No. 92 -XX
transferring and conveying Private Contract Sewer No.
10883 for future operation, maintenance, repair and
improvement to L.A. County.
5.1 TRANSMITTAL OF FINAL AUDIT REPORT FOR YEAR ENDED JUNE 30,
1992 - The accounting firm of Thomas, Byrne & Smith were
retained as auditors for the City and final audit reports
for FY 91-92 have been prepared. During FY 1991-92, the
City received funds from the Federal Government via the
Office of Traffic Safety Grant. As a result, additional
reports were prepared as and are being transmitted as
required by the Single Audit Act.
Recommended Action: Receive & file Final Audit Reports
for FY 91-92 as prepared by Thomas, Byrne and Smith.
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 CERTIFICATE OF RECOGNITION - Lydia Plunk.
DECEMBER 1, 1992 PAGE 4
7. REORGANIZATION OF CITY COUNCIL:
7.1 SELECTION OF MAYOR -
7.2 SELECTION OF MAYOR PRO TEM -
RECESS: RECEPTION
8. OLD BUSINESS:
8.1 NOMINATION OF CANDIDATES FOR INTERVIEW TO FILL COUNCIL
VACANCY - Interviews scheduled for December 8, 1992.
8.2 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.
8.3 RESOLUTION NO. 90-45F: RESOLUTION 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 to the wages, hours and
working conditions of City employees, which are set forth
as personnel rules and regulations in Resolution Nos.
90-45 and 90-45A through 90-45E.
Recommended Action: Adopt Resolution No. 90-45F amending
Personnel Rules and Regulations which amend, reforms, and
supersedes Resolution Nos. 90-45 and 90-45A through
90-45E.
8.4 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR DENYING, WITHOUT PREJUDICE
VESTING TENTATIVE TRACT MAP 47850 (A FIFTY-THREE (53) LOT
SUBDIVISION) LOCATED SOUTHEAST OF THE INTERSECTION OF
WAGON TRAIN LANE AND THE NORTHERLY TERMINUS OF WINDMILL
DRIVE, DIAMOND BAR, COUNTY OF LOS ANGELES, CALIFORNIA,
AND MAKING FINDINGS IN SUPPORT THEREOF - The applicants
have 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. At the conclusion of the November
17, 1992, Public Hearing, the City Council directed staff
to prepare a resolution denying the project without
prejudice.
Recommended Action: Adopt Resolution No. 92 -XX denying
Vesting Tentative Tract May 47850 without prejudice.
DECEMBER 1, 1992
PAGE 5
8.5 SOLID WASTE CONTRACT - Report available after 3:00 p.m.
on Monday, November 30, 1992.
9. NEW BUSINESS:
9.1 NEEDS ASSESSMENT FOR DIAMOND BAR SENIORS - The City is
planning to establish a senior citizen program at the
Heritage Park Community Center upon completion of
construction. The Needs Assessment for Diamond Bar
Seniors is a tool with which planning for senior
programming can begin. -
Recommended Action: The Parks & Recreation Commission
and the City Council Senior Sub -Committee recommends that
the Council authorize distribution of the Needs
Assessment for Diamond Bar Seniors and appropriate $900
to obtain mailing labels and mail the needs assessment
directly to the 2,643 households identified as having at
least one adult over the age of 60 years in residence.
9.2 ESTABLISHMENT OF ECONOMIC DEVELOPMENT STRATEGIC PLAN TASK
FORCE - The City Council recently received the final
draft of a business retention plan from the Magellan
Group. Among the recommendations the retention plan
discusses in the report was the completion of a business
survey and the establishment of an Economic Development
Strategic Plan Task Force. At the Council meeting of
November 17, 1992, the Council approved participation in
the San Gabriel Valley Business Survey. The creation of
an Economic Development Strategic Plan will use the
business demographic data generated by the Business
Survey for foundational information for an Economic
Development Strategic Plan. The formation of an ad hoc
task force to study and recommend elements of an Economic
Development Strategic Plan is necessary and appropriate
at this time. Such an ad hoc task force would be
comprised of Council, Commission, business and community
members.
Recommended Action: Direct staff to prepare an
organization plan for the establishment of an Economic
Development Strategic Plan Task Force.
10. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
10.1 ORDINANCE XX (1992): AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR ADOPTING A HILLSIDE MANAGEMENT
(GRADING) ORDINANCE AND MAKING FINDINGS IN SUPPORT
THEREOF - Implementation of the General Plan and expira-
tion 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
DECEMBER 1, 1992 PAGE 6
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 provisions
contained therein. The Planning Commission concluded its
public review of the Ordinance on October 26, 1992 and
recommends adoption.
Recommended Action: Approve for first reading by title
only and waive full reading of Ordinance No. XX (1992)
Hillside Management Ordinance.
11. ANNOUNCEMENTS:
12. ADJOURNMENT: Adjourn to December 8, 1992 at 6:00
p.m., for interviews for City Council vacancy.
/0WCARL WARREN & CO.
�(� Insurance Adousters
Claims Administrators
P.O. Box 25180
Santa Ana, CA 92799-5180
(714) 740-7999 FAX: (714) 740-7992
TO: City of Diamond Bar
Attention: Lynda Burgess
r
a
Date: Nov. 19, _-1-X992,_
:n
0
Re: Claim: Kashyap vs Diamond Bar
Claimant: Vinod & Sushma Kashyap
D/Event: .10-30-92
Rec'd Y/Office: 11-16-92
Our File: S 71903 RAK
We have reviewed the above captioned claim and request that you take
the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
[� CLAIM INSUFFICIENCY: In accordance with the telephone conversation
o , 19 , a notice of insufficiency must be mailed
to the claimant no later than , 19•THIS MUST BE
MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL
CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See
Government Code Sections 910 and/or 910.2 and/or 910.4.
AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to
the claimant, refecting this additional/amended claim.
Ij LATE CLAIM RESPONSE: Return the original claim material to the
claimant, advising that the claim is late and that their only
recourse is to file a written "Application for Leave to Present
a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED
TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR
OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code
Section 911.4.
APPLICATION REJECTION: Reject claimant's "Application for Leave
to Present a Late C aim". See Government Code Section 911.8.
D TAKE NO ACTION: Defer any written response to the claimant
pending our further advice.
Please provide us with a copy of the notice sent, as requested above.
If you have any questions, please contact the undersigned.
Very,truly yours,
!i RESERVE FOR FILLNG STA!, n
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY CLAIM No.
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
later than,6 ?nos. after the occurrence. (Gov. Code Sec. 911.2)
2. Claims for damages to real property must be filed not later than 1 year after the
occurrence. (Gov. Code Sec. 911.2)
3. Read entire claim before filing.
4. See page 2 for diagram upon which to locate place of accident.
5. This claim form must be signed on page 2 at bottom.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a)
To: The City of Diamond Bar
Name of CIaimant `
M r• \% � rl e �5 • KcEs� KI. N a, S t.t S 0. IC AS Iti
Home Address of Claimant City and State
214$2 C�' in r•rrw 0. D?aiv, aKA 9owe CAP cl1715
Business Address of Claunant City and State
Ota :ye u.AyJrI StiC. 2a•Di-��irfe Ca 1--12"i1Sf
Give address to which you desire notices or communications to be sent regarding this claim:
I14Sz GkNpH
Age of Claimant (if natural person)
Home Telephone Number
710-) — I'6 o —4 243
Business Telephone N}unber
FIA) -727- 799q AAV -99X 23Sdr'
iG.al t' a ►,.. s r. �} P> a.f- Ca. 611-7 S
How did DAMAGE or INJURY occur? Give full particulars. 57+.a f wt Gk A w,. `q a re t wU,—1 t—%- "— +yf-c
a ter s�7 � � e t%44A--• t Ot v..d t+n�.o 1 t+J . Z 11wet t'' --A
When did DAMAGE or INJURY occur? Give full particulars, date, time of day:
-(i K,,L: -atom. -2 •.p dk
t�•re Ou4-e �o.e 30, 10% `1
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give
street names and addresses and measurements from landmarks: —D a W, A -se t:�-
`Z��� a N+i ',?'n.'v aZ-« Z t�'¢.t�.� �w-•.Z
� O
'What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or
damage, if known: L-. 1�A S VW 1�
�cc t,�,. a ��
What DAM-6.GE or INJURIES do you claim resu114d ? Give full extent of injuries or damages claimed:
►� °- r 0-bx t`r "'"S 63CAO1 S 1^.4- L" A t o. �- dsc t (~' 1,�., -S
�P -rd .9 o t w� I" 4• e+
What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of
computation:o�t
b,r.p,4,,,CLOW gv.Jl Spaf+•Q i � 2SO'�
_ 11r'10'vws est' .-*'L ecwAtvtuoA. iz,clt. 41L4, ' �
We w��At"-c,a'%:ao r-c.���•Ge .�.�•r
M -i Mo�«.� La
Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis' of
computation:
SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE
Company;
Pok, -1-
-)a. I�ay w,e..to 2e t SI-c..FL fa nom. a...c-a,. , ce Ca
Expenditures made on account of accident or injury: (Date—Item)
Cutt'" 3 6�-a.,,. �,,... AA -.1 d s - 2 -So ME
Name and address of Witnesses, Doctors and Hospitals:
2SSSS E•G-We..
I,4 c 7b. i t.-. e,.
(Amount)
READ CAREFULLY
For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to street corners.
If City Vehicle was involved, designate by letter "A" Iocation of City vehicle when you first saw it, and by "B" location of yourself
or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your
vehicle at the time of the accident by '13-1" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUTOMOBILE ACCIDENTS
—/ ZL L.]
CIALMS MUST BE
FOR OTHER ACC1nFNTc
--11 tuvv . LulllJ SEC. 915a) .
wx
UITY OF DIAMOND BAK
AGENDA REPORT AGENDA NO. /
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 1, 1992 REPORT DATE: November 20, 1992
FROM: Lynda Burgess, City Clerk
TITLE: Transfer of Message Board to Walnut Valley Unified School District in Exchange for
Providing the City of Diamond Bar with Meeting Facilities and Posting Locations.
SUMMARY: In March 1990, the City purchased and installed a 24"00" wall mounted, single -faced
sign with locking plexiglass doors on the brick wall outside the entrance to the Walnut Valley Unified School District
Board Room. The purpose of this sign was to provide a secure, dry location for posting of City Council, Planning
Commission, Parks & Recreation Commission and Traffic & Transportation Commission agendas, ordinances and
other notices required by State statute. Upon the completion of the South Coast Air Quality Management District
building and the City's subsequent move to the Auditorium for Council and Commission meetings, posting of public
notices was changed to the AQMD location. The City's other two posting locations were not changed and notices
continue to be posted at City Hall and the Library as well as the AQMD.
As the "posting box" at the Walnut Valley Unified School District is no longer being used for public notices by the
City, staff felt that the item should be transferred to the District in exchange for the privilege of using their facilities
for meetings and allowing the City to permanently affix the posting box.
RECOMMENDATION: It is, therefore, recommended that the City Council direct staff to prepare a Bill of Sale
providing for the transfer of the City's "posting box" sign affixed to the wall of the Walnut Unified School District
offices in consideration of the District's generosity in providing meeting facilities and a notice posting location to the
City.
LIST OF ATTACHMENTS:_ Staff Report
_ Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
Other
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?
Majority
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:
REVIEWED BY:
34�4_ 4�_
Terrence L. Belanger
City ManagerCity Clerk
nimv nu I)TAW1 D PAR
AGENDA REPORT
AGENDA NO. D I
TO: Terrence L.Belanger, City Manager
MEETING DATE: December 1, 1992 REPORT DATE: November 23, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE:
Transfer of Private Sewer P.C. No. 10883, in Parcel 18722 located in Country Hills Towne Center, Diamond
Bar Boulevard, to Los Angeles County Sewer Maintenance District.
SUMMARY:
Private Contract Sewer No. 10883 was constructed in 1988 as part of the Cinema development in Parcel 18722.
Subsequently, the drain was inspected and approved by the Los Angeles County Department of Public Works.
RECOMMENDATION:
That the City Council approve Resolution No. 92 -XX transferring conveying of Private Contract Sewer No.
10883 for future operation, maintenance, repair and improvement to Los Angeles County.
LIST OF ATTACHMENTS:x Staff Report
X Resolutions)
_ Ordinanccs(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
X Other: Index Map
X Reviewed by City Attorney
1.
Has the resolution, ordinance or agreement been reviewed
X Yes _ No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
_ Yes x No
4.
Has the report been reviewed by a Commission?
_ Yes x No
Which Commission?
5.
Are other departments affected by the report?
_ Yes x No
Report discussed with the following affected departments:
Terrence L. Belanger
City Manager
F: \WP511AOEIdDA\C0 VER.FRM
George
Interim (
RESOLUTION NO. 92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS
ANGELES COUNTY SEWER MAINTENANCE DISTRICT OF THE STATE OF
CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND
CONVEYANCE OF SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO.
10883 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTE-
NANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND
CONVEYANCE THEREOF.
1. Parcel Map No. 18722 required the installation of sewers as
approved by Los Angeles County;
2. These sewers have been installed and accepted and have been
dedicated to, or the City has otherwise acquired, the sewer
improvements known as PRIVATE CONTRACT NO. 10883 as shown in
Exhibit A;
3. The City is authorized and empowered to transfer and convey to
the Los Angeles County Sewer Maintenance District any sewer
improvements for future operations, maintenance, repair and
improvements; and
4. The City and the Los Angeles County Sewer Maintenance District
entered into an agreement, whereby the City made certain
warranties about its future transfers and conveyances of Sewer
facilities to the District; and
5. The best public interest will be served by transfer and
conveyance of the sewer improvements shown in Exhibit A
attached hereto from the City to the Los Angeles County Sewer
Maintenance District for future operation, maintenance, repair
and improvement.
NOW, THEREFORE, BE IT RESOLVED that the City does hereby
request the Los Angeles County Sewer Maintenance District to accept
the transfer and conveyance of the sewer improvements shown in said
Exhibit A.
BE IT FURTHER RESOLVED that, subject to the acceptance thereof
of the Board of Supervisors of the Los Angeles County Sewer
Maintenance District, the City Engineer is directed and ordered to
prepare all necessary instruments and documents, including deed, to
effectuate said transfer and conveyance, and that the Mayor is
authorized and instructed to execute said deed and other instru-
ments and documents. District shall have no obligation or
responsibility to maintain said sewer, improvements until all
rights of way for said sewer now vested in the City and all other
necessary rights of way therefore have been conveyed to and
accepted by District.
Reference is hereby made to District Drawing No.
P.C. No. 10883 Pages 1-4 the plans and profile of said sewer
improvements on file in the office of the City Engineer and on file
of the.Chief Engineer of said District for further data as to the
exact location, extent, and description of said sewer improvements.
The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this day of , 1992.
MAYOR
ATTEST:
CITY CLERK
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
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
day of
LYNDA BURGESS, City Clerk
City of Diamond Bar
, 1992,
m
R1
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ate.
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NO TE:
NUMBER IN CIRCLES
INDICATE PAGE NUMBER.
// 2
J
U 11 I -E-4 & 5
N qEx MAP
PARCEL MAP NO.18722
PC. 10863
SCALE: I"=600'
:ApPROVED=
T•,�1. _ 7f: AhtS0N
pIR6CTOR - DEPT. OF P W•
:
fZ. E. N O.
PEPARTMENT OF FuBLJC WORKS
CITY OF DIAMOND BAR cc -
AGENDA REPORT AGENDA NO. ✓ ��'
TO: Honorable Mayor and city Council
MEETING DATE: December 1, 1992 e�REPORT DATE: November 18, 1992
FROM: Linda G. Magnuson, Accounting Manager
TITLE: Transmittal of Final Audit Reports for year ended June 30, 1992
SUMMARY:
The accounting firm of Thomas, Byrne & Smith has been retained as auditors for the
City of Diamond Bar. In conjunction with this service, final audit reports for
FY 91-92 have been prepared and are being transmitted.
During FY 91-92, the City received funds from the Federal Government via the
Office of Traffic Safety Grant. As a result, additional reports were prepared as
and are being transmitted as required by the Single Audit Act.
RECOMMENDATION:
Receive and file the Final Audit Reports for FY91-92 as prepared by Thomas, Byrne,
and Smith.
LIST OF ATTACHMENTS:
_ Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Spec. (on file in City Clerk's Office)
X Other Final Audit Reports FY 91 -92 --
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:
R IEWED BY:
r
I 'it " U
rrence L. Belan r Linda G. M,6g uson
City Manager Accounting Manager
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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ADDRESS:
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TO: CITY CLERK
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TO:
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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FA
Signatur
1.
2.
MINUTES OF THE CITY COUNCIL DRAFT
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 17, 1992
CLOSED SESSION: Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
CALL TO ORDER:
at 6:08 p.m.
No reportable action taken.
MPT/Papen called the meeting to order
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by C/Forbing.
ROLL CALL: Mayor Pro Tem Papen, Councilmen
Forbing, Miller and Werner. M/Kim was excused.
Also present were: Terrence L. Belanger, City Manager;
Andrew V. Arczynski, City Attorney; James DeStefano, Community
Development Director; George Wentz, Interim City Engineer; Bob
Rose, Community Services Director and Lynda Burgess, City
Clerk.
3. PUBLIC COMMENTS: Pam Stroud, 2202 Rusty Pump, stated
that as President of the Ranch Festival Assn., she wanted to
thank the City for its support and assistance during this
year's Festival. She presented a plaque and a check for $800
to MPT/Papen and announced that the funds were earmarked for
the Heritage Park building reconstruction.
Max Maxwell, 3211 Bent Twig Ln. questioned MPT/Papen's
experience in traffic issues and her past record in approving
the Grand Ave. agreement. He stated that he did not support
her request for Council endorsement of her appointment to the
Metropolitan Transportation Authority and suggested that the
City consider endorsing Tom Ortiz instead.
Lydia Plunk, 1522 Deerfoot Dr., announced that the guest
speaker at the next meeting of the Republican Women's Club to
be held at 7 p.m. on Monday, November 23 at the AQMD would be
State Senator Frank Hill.
4. COUNCIL COMMENTS: MPT/Papen announced that the L.A.
County Sheriff notified the City that the Walnut and San Dimas
Stations will form a Civilian Advisory Board to consist of
representatives from the three contract cities and the three
supervisorial districts within the region. They requested
each City Council to select two members at large to serve on
the board and to submit the names by December 18, 1992.
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 closed.
NOVEMBER 17, 1992 PAGE 2
5.1.4 City Council Meeting - December 1, 1992 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2 Adopted the following Minute Order entitled: Minutes of
Regular Meeting of November 3, 1992 - Approved as
submitted.
5.3 Adopted the following Minute Order entitled: Warrant
Register November 3, 1992 - Approved 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 respon-
sible bidder, for the Concession Stand Addition at
Peterson Park. Adopted the following Minute Order
entitled: Peterson Park Concession Stand - Completion
Notice - Accepted work performed by Creative Homes and
authorized City Clerk to file the Notice of Completion.
5.7 Adopted the following Resolution, No: 92-62, entitled:
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.
5.8 Adopted the following Minute Order entitled:
CONSIDERATION OF PARTICIPATION IN THE SAN GABRIEL
VALLEY ECONOMIC ADVANCEMENT PROJECT - Approved
participation in the East San Gabriel Valley Economic
Advancement Project and expenditure of $15,000 to
participate in the project, Standard Industrial Class
(SIC).
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
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 - Following discussion, it was agreed that
the matter would be returned to the Personnel Committee
for further consideration.
5.6 Adopted the following Resolution, No: 92-61, entitled:
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.
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 CERTIFICATE OF RECOGNITION - Presented to George and
Brandon Hughes, husband and son of Sandy Hughes, for her
NOVEMBER 17, 1992 PAGE 3
life-saving efforts in performing the Heimlich Maneuver
on Richard Kepler on November 1, 1992.
7. OLD BUSINESS:
7.1 MID -YEAR BUDGET AMENDMENT FOR FISCAL YEAR 1992-93 -
Continued to December 1, 1992.
RECESS: MPT/Papen recessed the meeting at 6:55 p.m.
RECONVENE: MPT/Papen reconvened the meeting at 7:07 p.m.
7.2 SOLID WASTE - CM/Belanger reported that the Council
subcommittee met after the November 3rd meeting and
development of a third option. In addition, staff
contacted Western Waste to determine whether they would
agree to modify the contract based on concerns expressed
by the public.
In response to an inquiry by C/Werner, CM/Belanger stated
that Chamber of Commerce President, Fred Scalzo, had
indicated that the Chamber would support a quasi -open -
market system as indicated in Option I.
James Roberts, 23627 Bower Cascade, suggested that if the
City grants a monopoly to one waste hauler, that company
should be required to provide a minimum 50% recycling
rate --to include cardboard, greenwaste and scrap metals.
MPT/Papen pointed out that everything Mr. Roberts
suggested is included in the proposed contract.
William George, 378 N. Prospectors, a professional solid
waste manager, submitted copies of his written comments
regarding the contract and the staff report. He verbally
expressed the following concerns: 1) the Rancho Mirage
decision stated that cities cannot give exclusive fran-
chise recycling rights for commercial enterprises; 2)
that the $500,000 fee stated in the contract is high in
exchange for services offered; 3) that a better cost can
be negotiated with another vendor or even the same vendor
under a bid process; 4 ) that it appears that only seniors
would be allowed to use the 64 gallon container along
with receiving a discount; 5) that the contract does not
address who would clean up hazardous waste spills such as
waste oil; 6) that the performance bond of $10,000 is low
since the penalty to the State is $10,000/day; 7) that no
company can guarantee compliance unless they have a land-
fill in the City; 8) that the term "may" should be re-
placed by the term "will" when referring to performance
review hearings; 9) that the California Disposal Assn.
survey is flawed and doesn't always include a franchise
fee; 10) that the vendor should be willing to renegotiate
based on length of contract; 11) that the rates appear to
be low but may not actually be as indicated on Page 6 of
NOVEMBER 17, 1992 PAGE 4
the staff report; 12) that an analysis of the franchise
fee indicated that the fee will be $9.75/month plus 10%
landfill fees, so that the monthly fee would not be
$10.71 but $10.38, therefore, does Western Waste collect
$.97 yet only pay the City $.64, or is there a flaw in
the analysis; 13) the franchise fee will be paid by the
customers, not the franchisee; 14) that if the City does
start to share revenue, the solid waste collection fee
would go up; 15) that automated containers should be
used; 16) that compostibles are not included in the
$10.74 price; 17) that yard waste collection rates are
not mentioned in Exhibit "E" as indicated in the
contract; 18) that litter caused by collection should be
picked up by the hauler for commercial enterprises as
well as residential; 19) who prepared the disaster
preparedness program? 20) that the City should have more
rights on performance during emergencies; 21) that on
Page 27, Section 25, ownership of waste could stand
further scrutiny; 22) that Page 31 should include a
penalty if the grantee doesn't pay; 23) that Exhibit "C"
on Page 39 has a technical error indicating "25% of the
waste stream collected" but the law states "the waste
stream generated;" 24) specify in Section B what the
suitable alternative is for a 32 gallon container; 25)
that rates are not set forth in Exhibit "F" as indicated
in Section C; 26) that the conditions of the SRRE should
be attached to the contract in Section E; 27) that it is
not necessary for the City to subsidize a hauler in its
efforts in a MRF which may be a more expensive option for
the City; 28) that if the City wants an automated yard
waste pro -gram, then we should not bother with a backyard
composting program; 29) that the contingencies mentioned
on Page 42 should be spelled out; 30) that Western first
indicated $3.07/month for yard waste, but would there be
a 10% fee on that as well; 31) the City's costs should
not be tied into the fluctuation in the market price but
the hauler, with an exclusive franchise, should carry
some risks.
In response to C/Forbing's question, Mr. George stated
that he previously offered to discuss the contract with
several Councilmembers but that he had received no
response.
C/Forbing stated that the Council would have appreciated
it if Mr. George, or any other member of the public, had
given their input directly, prior to a Council meeting,
so that the information could have been implemented,
discussed and/or digested prior to open discussion.
Max Maxwell, 3211 Bent Twig Ln., expressed support of
Option I.
William Tinsman, 1014 Capen Ave., asked whether the lien
provision had been removed. He further indicated concern
NOVEMBER 17, 1992 PAGE 5
that the franchise fee was being charged to customers,
not the franchisee.
Asst. to CM/Butzlaff reviewed the following changes to
the contract since November 3rd: 1) Hours of collection
changed to 6:30 a.m.; 2) Section 5.B. includes language
that the grantee will work with the City to institute a
variable can rate available to every resident beginning
year two of the contract; 3 ) three bulky good collections
each year rather than two, on dates selected by City
Manager; 4) Page 10, Section 0 requires the grantee to
provide disaster preparedness containers to the City and
all public schools; 5) performance deposit increased to
$20,000 with allowance for the grantee to withdraw quart-
erly interest accrued from the deposit; 6) Page 23,
Section F regarding delinquent accounts was deleted; 7)
Page 22, Section 6 now provides that physically disabled
persons may take advantage of the discount formerly pro-
vided only to senior citizens; 9 ) rates listed on Exhibit
"E" Schedule of Rates, were modified. In regard to the
franchise fee charged, he stated that the formula was as
follows: starting with the base rate negotiated with the
hauler, deducting the landfill fee, multiplying the
product of those by the franchise fee equals the adjusted
base rate. The adjusted base rate is added to the minus
landfill tipping fees which then results in the adjusted
rate to be charged to single-family residential
customers.
C/Werner explained that the franchise fee being charged
is not for the privilege of having a franchise but is to
offset the City,s costs in complying with AB939
requirements.
Audrey Hamilton, 1429 Copper Mountain Dr., stated that
she supported the City contracting with multiple haulers
to keep the rates competitive and that the City needs an
automated greenwaste program rather than expecting
residents to compost.
In response to questions posed by Ms. Hamilton, Asst. to
CM/Butzlaff stated 1) that the City participates with the
L.A. County Household Hazardous Waste Disposal Plan
offering 24 locations and 96 yearly opportunities to
dispose of material free of charge as long as it is under
50 lbs. and is not hazardous; 2) the City would have full
indemnification of all fines or penalties levied against
it; 3) a senior citizen has been defined as someone
beyond the age of 60; 4) there are significant differ-
ences between the proposed contract and the contract for
non-exclusive in areas including bulky good collection,
rate control disposal capacity, service provision as well
as limiting resident in curbside disposal of wood
( branches cannot exceed 18" in diameter or 41 in length) .
NOVEMBER 17, 1992 PAGE 6
Lydia Plunk, 1522 Deerfoot Dr., explained satisfactory
composting methods which do not result in foul smelling
material or attraction of insects.
Fred Scalzo, representing the Chamber of Commerce, stated
that the Chamber supported allowing open competition to
dictate the market.
Don Schad, 1824 Shaded Wood Rd., expressed support of
Option I along with the utilization of staff as stated in
Option III.
Mike Goldenberg, 1850 Morning Canyon Rd., expressed
support of Option I.
Frank Dursa, 2533 Harmony Hill Dr., supported Option I
allowing free enterprise.
William George, referring to the variable can rate to be
effective in a year, pointed out the expense involved in
replacing original cans with another more desirable size.
Regarding questions posed by MPT/Papen, Asst. to CM/
Butzlaff reported that the contract provides that the
hauler will negotiate rates with homeowner associations
or multi -family complexes subject to approval by the City
Manager.
CA/Arczynski stated that the Rancho Mirage case
( currently pending on appeal) was in regard to commercial
recycling. The court held that recyclables belong to
residents until they are within the haulers, containers
at curbside.
Martha Bruske, 600 S. Great Bend Dr., supported an
exclusive franchise to reduce noise and improve the
quality of life.
It was moved by C/Miller, seconded by C/Werner to approve
Option I providing for non-exclusive contracts to
qualified solid waste contractors meeting requirements
and standards set forth by the City and direct the
Subcommittee to refine the contract prior to the next
meeting. By the following Roll Call vote, motion failed:
AYES: COUNCILMEN - Miller, Werner
NOES: COUNCILMEN - Forbing, MPT/Papen
ABSENT: COUNCILMEN - M/Kim
Motion was then made by C/Forbing, seconded by MPT/Papen
to approve Option II with a contract term of six (6)
years; a one year, six month discontinuance period, and
NOVEMBER 17, 1992
PAGE 7
a 10% franchise fee and directing that the comments made
by Mr. George be incorporated into the contract.
Further, that the Subcommittee meet with Western Waste to
discuss the above changes and direct staff to bring a
final contract back at the next Council meeting.
C/Werner stated that he felt the process of the franchise
proposal was flawed and that it is not the best deal for
the City.
Following discussion, the motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT:
ABSTAIN/NOT VOTING:
8. NEW BUSINESS:
COUNCILMEN - Miller, Forbing
COUNCILMEN - Werner
COUNCILMEN - M/Kim
COUNCILMEN - MPT/Papen
8.1 RESOLUTION NO. 92-63: 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 - CM/
Belanger explained that the City would realize a $300,000
boost to its General Fund if the exchange were approved.
Max Maxwell, 3211 Bent Twig Ln., asked why the City had
not been able to spend $500,000 on traffic issues over
the past three years.
CM/Belanger explained that the activities that cities can
use these funds for is limited and indicated that D.B.
currently uses Prop A funds for a Transportation Planner
position, a community recreation excursion program, the
Holiday Shuttle, Concerts in the Parks Shuttle, bus paths
on Golden Springs, funding the second phase of a study
conducted by UMA Engineers regarding the possibility of
establishing a fixed route deviation system and to fund
the 57 corridor study.
Don Schad, 1824 Shaded Wood Rd., opposed exchange of
these funds with Pasadena and stated that they should be
used for senior citizen and youth programs in addition to
trails in upper Sycamore Canyon.
MPT/Papen explained that the City had expended as much of
these funds as possible under the limitations imposed.
This type of exchange has been accomplished in the past
and by placement of the money in the General Fund, the
City can use the funds on programs such as those
suggested by Mr. Schad without restriction.
In response to C/Werner's question, CM/Belanger stated
that the City offered an exchange to the City of
NOVEMBER 17, 1992
PAGE 8
Industry; however, Pasadena was willing to pay a higher
rate.
It was moved by C/Forbing,
carried to adopt Resolution
exchange of Proposition A
Pasadena. With the following
carried:
AYES: COUNCILMEN - Werner,
Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - M/Kim
seconded by
No. 92-63
funds with
Roll Call
C/Miller and
approving the
the City of
vote, motion
Forbing, Miller, MPT/
8.2 FEASIBILITY OF CONSTRUCTING A 3' HIGH BLOCK WALL WITH A
3' HIGH WROUGHT IRON FENCE ALONG GRAND AVE. AT GOLD
NUGGET AVE. - ICE/Wentz reported that in order to address
Gold Nugget' Ave. residents' concern regarding noise,
traffic accidents, speeding vehicles and debris, several
options were reviewed and discussed by the Traffic &
Transportation Commission. Of those options, slope land-
scaping and construction of a 3' high block wall with a
3' high wrought iron fence were deemed appropriate. The
Commission and staff felt that with their willingness to
participate in funding the improvements, most of the
concerns can be mitigated.
Stan Granger, 23800 Gold Nugget Ave., stated that 158
accidents occurred along Grand Ave. in a 3 -year period
with 16 accidents taking place within the area being
discussed; 10 of these accidents resulted in damage to
private property; area residents were more concerned with
safety than with reduction of noise; and that residents
were concerned with the Traffic & Transportation
Commission's opinion that it is safer for a vehicle to
end up on private property than it is to be deflected
back into traffic. He suggested that the City consider
reducing the speed limit, resurfacing Grand Ave. with
rubberized asphalt; installing a guard rail at the curb
and constructing a wall at the lower end of the road to
mitigate noise.
MPT/Papen excused herself from discussion of this matter
due to a potential conflict of interest in that she
resides near the area being discussed. She requested
that C/Werner preside over this matter.
Han Kuo, 23740 Gold Nugget Ave., supported statements
made by Mr. Granger and added that the residents need
protection from the vehicle accidents occurring along
Grand Ave.
John Willwerth, 23923 Gold Nugget Ave., stated that the
City needs to address the safety problem in this area and
that money collected to mitigate the problems on Grand
NOVEMBER 17, 1992 PAGE 9
Ave. should be used there. He further suggested that a
3 foot wall may not be high enough to stop a car from
ending up in someone's backyard and that residents may be
liable if the City installs a barrier incapable of
keeping vehicles from sliding down the slopes.
Patricia Ayoub, 23656 Gold Nugget Ave., stated that
traffic reports obtained by staff are incomplete and that
vehicles can roll into any property, not just those
recommended for construction of a block wall; area
residents are not safe in their homes; Grand Ave. is not
a City street but a highway and the City may be liable
for neglect if the safety issue is not mitigated. She
suggested that funding for a sound wall could be obtained
from the funds exchanged with Pasadena.
Grace Cruz, 23642 Gold Nugget Ave., felt that a 6 foot
sound wall would be needed to mitigate noise and safety
issues as was done for the Regency and Brock homes
further up the street.
Simon Cohen, 23631 Gold Nugget Ave., and Ann Rehann,
23790 Gold Nugget Ave., agreed with statements made by
their neighbors.
C/Miller agreed that the developer of the homes in this
area should have constructed a wall; however, the area
was developed prior to Cityhood. The City does not have
funds for a sound wall but there may be funds for a
guardrail available from the Grand Ave. settlement.
It was moved by C/Forbing, seconded by C/Werner to direct
staff to develop a proposal on the cost and appropriate
location for installation of a guardrail. Further,
provide estimates for installation of hedges to hide the
guardrail and provide a sound barrier and bring estimates
back to Council. Motion carried by the following Roll
Call vote:
AYES: COUNCILMEN - Miller, Werner, Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - M/Kim
ABSTAIN: COUNCILMEN - MPT/Papen
8.3 CITY COUNCIL VACANCY - CM/Belanger reported that the
Council, pursuant to the Government Code, needed 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 within 30
days of the vacancy or call a special election. Persons
interested in filling the vacancy were encouraged to
submit an application at City Hall.
Max Maxwell, 3211 Bent Twig Ln., felt that a special
election should be called to fill the vacant seat. In
NOVEMBER 17, 1992 PAGE 10
the alternative, if the Council decides to appoint a
replacement, they should select the person who was next
in line in the past election and that person should be
allowed to run in the next election.
Jeff Nelson, 23051 Rio Lobos, stated that if the Council
appointed a replacement to the seat, they would choose
someone that they could manipulate. He agreed with Mr.
Maxwell that if a replacement is appointed, then the
runner-up in the last election should be selected.
Jack Kowtowski, 1856 Kiowa Crest Dr., suggested that the
Council first determine the rules and asked the City
Attorney if two persons voting on an issue represents a
majority of those present and whether a 2-1-1 vote is
legal, as was done on the Solid Waste franchise
agreement.
CA/Arczynski reported that there is no legal impediment
to a 2-1 vote or a 2-1-1 vote on such an item.
John Riad, 2177 Rocky View Rd. and Clair Harmony, 24139
Afamado Ln., stated that they prefer a special election
to fill the vacancy.
In response to MPT/Papen's request, CM/Belanger explained
that the City does not enforce temporary signs placed on
private property except if the sign is of the type
requiring a permit. Under the City's temporary sign
Ordinance, individuals or companies are permitted to put
up signs no larger than 6 sq. ft. in the City right-of-
way in specified locations, no more than one per block,
no sooner than 30 days prior to an event.
C/Werner indicated that he supported the election process
but if the Council decided to appoint a replacement, then
he would not vote for anyone placing appointment signs
throughout the City.
C/Forbing pointed out that election could cost the City
approximately $50,000 as well as costing a candidate
approximately $10,000. If that candidate were to run for
election again in November 1993, it would cost him or her
another $10,000. He recommended that the Council conduct
interviews of interested appointees on December 8, 1992
in the AQMD Auditorium and broadcast these interviews on
cable television. Further, the Council should chose a
replacement at the December 15, 1992 regular meeting.
Interested parties should file an application prior to
the December 1, 1992 meeting.
C/Miller concurred with C/Forbing's suggestions and added
that each Councilmember should recommend two persons each
to be interviewed.
NOVEMBER 17, 1992
PAGE 11
C/Werner suggested that the Council should stipulate that
the appointee be approved unanimously.
MPT/Papen explained that applications and letters of
qualifications should be submitted to City Hall by 5 p.m.
on November 30, 1992. Each Councilmember will then
select two persons to be interviewed beginning at 6 p.m.
at the AQMD on December 8, 1992. Further, the Council
will not consider anyone who has not filed an application
or letter of intent before the specified time. The
appointee will be permitted to run for election in
November 1993 if qualified.
CA/Arczynski suggested that the City Clerk be directed to
provide interested parties with copies of the manuals and
forms pertaining to Conflict of Interest and Campaign
Reporting provisions.
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 -
CDD/DeStefano reported that the applicant requested
approval for a 53 -unit subdivision upon 73 acres located
adjacent to "The Country" and within SEA 15. The
applicant was directed on April 21 1992 to provide
additional geology and soils data for review. The data
and findings presented by the applicant at the end of
October 1992 were considered by staff to be insufficient
to recommend approval of the Vesting Tentative Tract Map.
The applicant requested a continuance of the Public
Hearing to January, 1993. He recommended that the
Council direct staff to prepare a Resolution to deny the
project without prejudice.
ICE/Wentz reported that the applicants' documents had
been reviewed by Engineering and by the consultant,
Layton & Associates. Soils and geology concerns
continued to be a problem, particularly as they related
to the location and depth of some of the slide planes on
the site, as well as a concern for the data used
calculating their conclusions. Staff and the consultant
identified a potential for an alternative project
relating to the development of the eastern ridge only
that may have less overall impact and may require less
mitigation. He recommended, based upon the information
received and the inability to effectively resolve some of
the earlier concerns related to soils and geology, that
the Council deny the project without prejudice.
Kay St. Peters, Layton & Associates, reported that a
review sheet with questions submitted to the applicant on
October 29, 1992 had not been responded to. The reason
more geotechnical work was required is related to the
NOVEMBER 17, 1992 PAGE 12
need to stabilize the proposed ridge top development with
remedial grading outside the design limits. She summar-
ized the main questions as submitted in the staff report
and concluded that, though the project could be safely
built, it was recommended that the soils and geology not
be approved until the applicant responded to the review
questions because of the extent of the remedial work.
The lost of natural area was still in question.
In response to questions posed by MPT/Papen, CM/Belanger
stated that in late spring of 1992, Council identified
several areas that required further study regarding the
subsurface and the kind of remediation that would have to
take place in order to support the project safely. A lot
of information has been traded, but it does answer some
of the very basic questions relating to the ultimate
stability and do -ability of the project. A much more
comprehensive analysis is needed. Staff and the Council
has taken the view that the entitlement will be driven by
the scientific and technical data proving the safety of
the project.
MPT/Papen opened the Public Hearing.
Judge Cecil Mills, applicant, questioned staff's
recommendation for denial and stated that he felt
everything said appeared to support their request for a
continuance to comply with the City's requested findings.
Plans were submitted to the City September 1, 1992 and on
September 12, 1992, Layton & Associates provided a list
of requested information consisting of two items. Those
items were addressed and a supplemental report was
submitted to the City. On October 20, 1992, Layton &
Associates requested data on three additional items, all
of which would require some time to respond to, presuming
that the Council would want an adequate analysis once
bore holes were drilled. On October 29, 1992, Layton &
Associates presented a corrected list of 24 items and a
meeting was held with City staff. There was a consensus
that it was impractical to respond to those concerns for
this meeting date. Based on that consensus, he forwarded
a request for a continuance to January, 1993. He stated
that his first indication that there was going to be a
recommendation of denial, based on the finding that the
project has not demonstrated that the soil is suitable
for development, was when he met with staff again on
November 10, 1992. He felt that he was led to believe
that, with some modification to remedial soils work, the
development could proceed in some fashion. He questioned
how it can be concluded that the site is unsuitable until
the testing is completed and those questions raised by
Layton & Associates have been addressed. Further, if
there is development potential on the eastern portion, as
stated in the staff report, then he should be afforded
the opportunity to look at that as an alternative. He
NOVEMBER 17, 1992 PAGE 13
questioned due process in this last minute "rush to
judgment" on the matter and urged Council to grant a
continuance. He then stated that if this process is an
attempt to make the project go away so that the
Referendum lawsuit is resolved, then he is willing to
delay the project until the General Plan situation is
resolved.
C/Miller stated that he felt the project had been given
due process and that many concerns were raised regarding
the problems on the property and extensions were granted
to allow an opportunity to resolve those issues. In his
opinion, those problems were not justified in a way that
the Council feels they should be resolved. He indicated
that he would not approve any project that cannot be
justified and noted that the applicant could return next
month with any project reconfiguration as long as the
problems can be justified.
C/Werner stated that because of the concerns regarding
the bentonite plane and the major public safety concerns
raised regarding land slippage, the Council requested a
more explicit and detailed set of plans than normally
requested on a Tentative Map. The concerns raised by
Council and staff have not been adequately answered,
indicated that perhaps the issues are insurmountable. If
Council were to grant another continuance, more money
would be expended and the applicant could argue that he
is becoming vested with rights to develop the project.
He stated that he is inclined to deny the project so that
a continuance is not interpreted as a tacit approval of
the project.
MPT/Papen stated that if the Council were to deny the
project in order to resolve a Referendum issue, then that
decision would have been made last April. Council took
the position that the decision should be made on
technical merit and six months should have been adequate
time to resolve those issues raised.
Max Maxwell, 3211 Bent Twig Ln., requested that the
applicant not retain the vested tentative rights, if
possible, and challenge him to prove that he is actually
vested.
Eileen Ansari, 1823 S. Cliffbranch, concurred with the
recommendation to deny the project. She suggested that
Judge Mills review the Palos Verdes situation in Rolling
Hills.
Don Schad, 1824 Shaded Wood Rd., commended the Council on
taking such a stand on this issue. The property has a
very severe 70 degree anticline/syncline formation in the
middle of the project which is laminated with layers of
bentonite. Nothing could be built on that project that
NOVEMBER 17, 1992 PAGE 14
could be safely constructed under any conditions.
With no further testimony offered, MPT/Papen closed the
Public Hearing.
It was moved by C/Miller, seconded by C/Werner to direct
staff to prepare a Resolution of Denial for the project
without prejudice, based on the findings contained in
Section 66474 c & d of the Government Code in that the
site has not been proven to be physically suitable for
the proposed development. Motion carried by the
following Roll Call vote:
AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/
Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - M/Kim
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 - CDD/DeStefano reported that
Ordinance No. 5 was an interim agricultural zone
ordinance adopted October 6, 1992 and which would expire
November 20, 1992 unless extended by the City Council.
He recommended approval of an extension of the Interim
Agricultural Ordinance by adopting Ordinance No. 5A
(1992).
MPT/Papen opened the Public Hearing.
Max Maxwell, 3211 Bent Twig Ln., asked what property in
the City is presently zoned agricultural.
CDD/DeStefano explained that the entire 800 acres of Tres
Hermanos Ranch is zoned agricultural. The Interim
Ordinance only affects those properties that are first
classified by the General plan as agricultural and
second, zoned by either the City or the County as
agricultural. The area for which this Ordinance would
apply is the 3,600 Sphere of Influence area adjacent to
the City's boundaries.
CA/Arczynski confirmed that the effects of the General
Plan had been suspended because of the Referendum and the
mandate action. The purpose of the ordinance was to
follow through with the Council's commitment to limit the
uses available in that particular area.
There being no further testimony offered, MPT/Papen
closed the Public Hearing.
It was moved by C/Werner, seconded by C/Miller to waive
full reading and adopt Ordinance No. 5A (1992). Motion
NOVEMBER 17, 1992 PAGE 15
carried by the following Roll Call vote:
AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/
Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - M/Kim
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. CM/Belanger recommended that the
Public Hearing be continued to December 1, 1992 in order
to provide additional time to review the recommended
Ordinance.
MPT/Papen opened the Public Hearing.
Don Schad, 1824 Shaded Wood Rd., stated that he concurred
with the General Plan Advisory Committee's recommendation
of 1 home per 2 1/2 acres for any grade over 30% and 1
home per 5 acres for any grade over 31% up to reasonable
building ability. He recommended that any vegetation
found in any developments on hillsides over 31% be left
intact as much as possible pending fire dangers to the
structures. In response to MPT/Papen, he stated that
there is close to 15% of undeveloped land in this City
which is over 30% grade.
With Council consensus, MPT/Papen continued the Public
Hearing to December 1, 1992.
10. ANNOUNCEMENTS: MPT/Papen requested Council concur-
rence to correspond with LACTC urging them not to supply
further funding to RTD.
11. ADJOURNMENT: With no further business to conduct,
MPT/Papen adjourned the meeting at 11:15 p.m.
LYNDA BURGESS, City Clerk
ATTEST:
Mayor Pro Tem
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 Forbing
FROM: Joann M. aitmed, Senior Accountant
SUBJECT: Voucher Register, December 1, 1992
DATE: November 24, 1992
Attached is the Voucher Register dated December 1, 1992. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
their entry on the Consent Calender.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated November 17, 1992 has been
audited approved and recommended for payment. Payments are hereby
allowed from the following funds in these amounts:
001
General
Fund
112
Prop A -Transit Fund
138
LLAD #38
Fund
139
LLAD #39
Fund
141
LLAD #41
Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
ywwlkal,
oann M, Gitmed
Senior Accountant
*V�, LX41��
errence L. Belan
City Manager
$361,031.22
1,542.00
5,894.13
636.92
3,499.66
53.350.40
$425,954.33
Phyllis E. Papen
Mayor Pro Tem
Jfth A. Forbing
Councilmember
ttt City cox Diamond Aa: ***
RUN TIME: 09:16 11/24/92 V O U C H E R R E 6 l S T E R FASf
DJ[ THRJ.............12/W 92
VENDUR NAME VENDOR ID. t PREPA!0 t }
ACCOUNT PROJ.T1-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE
-----------------------------------------------------------------------------------------------------------------------------------
ARA Sarvicps ARASarvice.
*001-4210-2325 1 31201A
ARAirory Refreshment Svcs ARA
*001-4090-2325 1 31201A
Aseriran Storaqe LTD . AaerStoraq
t801-4090-214 0 1 31 H I A
Aqua Backfiaw 6
*139-4539-2210
*081-+318-2218
*138-4538-2210
Armentrout. Phil
*001-4440-4040
AQuaBack
1 31211A 06/1453
1 31201A 0511453
1 31261A 87/1453
Armentrout
131201A
Artistic landscape t Enar ArtisticLa
*801-4555-5539 1 312014 0111445
Avila Mott, Debbie J. 485
*001-3476 4 312810
Bank of Aaerira
*801-4030-1288
*881-4038-1208
+881-4038-2318
*001-4036-2310
*001-4030-2325
*e01-4838-2325
*081-4030-2325
*881-4830-2325
BankofAmer
1 312814
2 31201A
1 31281A
2 31201A
1 31201A
2 31201A
3 31201A
4 31201A
11/23
12101
15672010/1
Meetina Saoolies-10/26/92
89.78
TOTAL OUE VENDOR --------:
89.76
11/23
12/01
2943A3
Meetinq SaDplies
53.10
TOTAL DUE VENDOR -------->
50.74
11123
12/01
Dec Rent -2 Storage Units
153.00
TOW DUE VENDOR --------;
153.0?
11123
12/01
10078
Backfiom Tests -Dist E39
160.00
11/23
12101
10019
Backflow Tasts-Prks
40.09
11123
12181
10090
Backflow Tests -Dist 08
140.00
TOTAL DUE VENDOR --------
340.04
11123
12/01
61.42
EmerCnord Svcs -11./9-11/20
1.153.80
i01AL DUE VENDOR ---------
1.150.04
11123
12101
4153
Install/Trim Trees
23,670.00
TOTAL DUE VENDUR--------?
23,670.04
11/23
12/01
R2fs5640
RarreationRafund
62.08
TOTAL DUE VENDOR --------)
62.0)
11/23
12101
Misc Equio-CMgr
43.05
11/23
12/01
Misc Eauip-CMgr
46.86
11/23
12181
Fuel-CMgr
19.74
11/23
12101
Fuel-CMgr
18.68
11/23
12101
Meetinq-CMgr
15.16
11123
12101
Mpetina-CMar
18.1)
11/23
12/01
Meetinq-CMgr
58.80
11123
12/01
Meetinq-CMgr
13.34
TOTAL DUF VENDOR -------->
245.69
+++
t
of
Diamond
bar +++
RUN LIME: 09:16
11/24/92
V
O U C
H E R R E
G I S T E R
?A6f 2
DUE THRU
.............12i01/tit
VENDOR NAME
VENDOR ID.
+ + PREPAID + +
ACCOUNT PROJ.TX-410
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/40.
ENIRY10UE
INVOICE
DESCRIFIII;N
AMOUNT DAME HE i.*
Sank cf America
Pant 'jiAver
+081-4010-2330
1
31201A
11/23
12/01
Mto League -CM Miller
15.99
TO(AL DUE VENDOR --------;
15.99
Best U ghtinq Products
Basuto
+001-43lb-2110
1
31281A 0311456
11!23
12101
1116'67
Mai nt-TennCt-.1aaHi11
101.25
TOTAL DUE VENDOR --------;
101.25
Borck. Deborah
494
+001-3472
2
31281D
11123
12101
Raft5643
RecreationRefund
15.00
TOTAL DUE VENDOR -------->
15.00
Burgess, Lynda
Hurc_essLyn
+081-4040-2325
1
31201A
11/23
12101
Reimb SCCCA Mtq Expenses
25.00
TOTAL DUE VENDOR --------7
25.00
Butterfield, Sue
A.
467
+001-3476
6
31201D
11/23
12101
Reft5439
RecreationRefund
25.00
13TAL 01tE VENDOR -------->
25.00
Century Ccmputer
Corp.
centrycoap
+001-4090-2190
1
31261A
11/23
12101
4615
Commuter Reoair Svcs
25.00
TOTAL DUE VENDOR -------->
25.00
Chae, Chang
449
+001-3476
16
31281➢
11/23
12101
R66162
RecreationRefund
71.80
TOTAL DUE VENDUR--------s
71.00
Ci-arlas Abbott 6
kc Inc
CharlesAbb
+001-4551-5221
f
31211A
11123
12/01
035
October Enqr Svcs
5,225.00
1JTAL DUE VENDOR -------->
5,225.00
:havers, J. Tadd
ChaversJT
+081-4553-4100
1
31201C
11123
12101
Trfc. d Trans Mto 11112
40.00
TOTAL DUE VENDOR --------i
48.00
Chem}, Diana
ChengD
+001-4553-4108
2
31.281C
11123
12181
Trfc 6 Trans Mto 11/12
46.00
TOTAL DUE VENDOR --------i
40.00
***
C i t
v of
D 1 a m
a n d Bar **
RUN !IME: 09:16 11124192
V 0 U C H
E R R E
S I S T E R
PASE
Dill. THRJ
.............12%81/92
VENDOR NAME
VENDOR ID.
} PRCPAID
ACCOUNT PROJ.TX-NO
------------------------------------------------------------------------------------------
BATCH PO.IINE/NO.
ENTRY/DUE
INVOICE
DFSCRIPIION
------------------------------------------
AMOUNT
DATE
CHECK
Chroma Copy
ChroeaCooy
*111-4211-4220
1 31201A
11123
12/61
A19840
Map Cosies -Gen Plan
126.61
*081-4210-4240
1 31201A
tli23
12101
A19,!41
yap Conies -Tanner Cyn
626.27
TOTAL DUE VENDOR --------:
954.6'
Coamunity Industries
Craalndust
+081-4090-2100
1 31281A
11/23
12101
Oct -Photocopier Svcs
39.31
*001-4510-5500
1 31201A
11123
12/01
Oct. Litter Abate Sycs
506.02
TOTAL DUE VENDOR -------->
5+5.31
Craig., Joann K.
446
*001-3476
7 31201D
11/23
12/01
Rafi52.31
RecreationRefund
75.08
10fAL DUE VENDOR --------;
75.81
D. B. IaurovEment Assoc. DBIA
*112 4360-2115
1 3t281A
11123
12101
Ad -Holiday Shuttle
325.10
TOTAL DUE VENDOR --------->
325.11
Diamond Bar Business Asoc DBBUSASSoc
*001-4090-2210
1 3t281A
11/23
12101
Dec Common Area Maint
779.08
fOfAL DUE VENDOR -------->
119.81
Diamond Bar Fptty Cash
PettyCash
*001-4010-2325
1 31201D
11123
12/01
Meetinq
11.03
11/19/92
08808170+0
*001-4018-2330
2 312011)
11/23
12101
Conference
10.08
11/19/92
00/8011043
*001-4638-1100
t 312011)
11/23
12101
MicroCassette
16.41
11/19/92
0000017048
*001-4191-1100
1 312/11)
11/23
12111
Sugolies
9.05
11119/92
0002017041
*001-4090-231.8
2 312011)
11/23
12/11
Fuel-GenGavt
5.00
11/19/92
0000017040
*00I-4090-2325
2 3120D
11/23
12/11
Meeting
5.18
11119/92
0010817042
*001-4095-212.2
1 31241D
11/23
12/01
Postage -Files
19.25
11/19/92
00882118+8
*801-4210-2325
2 31211D
11123
12/61
P4-Meetioq
5.01
11/19/92
0101601842
*001-4210-2335
1 312110
11123
12/01
MileageReim
6.75
11/19/92
0082217048
*001-4310-1200
2 31241D
11123
12181
Supnlies
3.24
11/19/92
0010017848
*001-4310-2110
1 31211D
11123
12101
Saool.ies
1.00
11119/92
0000011048
*001-4510-2325
1 31261D
11123
12/01
Meeting
8.01
11/19/92
20$1117842
WTA1 PREPAID AMOUNT ----?
99.83
TOTAL DUE VENDOR --------)
0.01
Dwight French I Assoc.
DwightFren
*250-4510-6411 01492
2 31281A 01/1446
11/23
12/01
180898
Slurry Seal Area 13
6,667.10
TOW DUE VENDOR -------->
6,661.11
+** City a 0:a10nd Bar ***
RUN LIME: 89:16 11124192 V O U C H E R R E G I S" E R
DUE THRU.............12/01/92
VENDOR NAME VENDUR ID.
ACCOUNT PRO.7.TX-NO BATCH PO.IINE/NO. ENTRY/DUE INUDTCI DtSCRIPTIUN
--------------------------------------------------------------------------------------------
Fastnan Inc. Eastcan
+001-4518-1200 1 31241B 48/139/
Exxon
�xxo.S
+001-4218-2310
1 31221B
}001-4310-2310
5 31201B
+801-4310-2310
2 312218
*001-4310-2310
1 312218
+001-4090-2310
1 312018
*001-4310-2310
4 31201B
+001-4310-2310
3 312018
Federal Express Corp. FpdExnress
+801-4310-2120 1 312218
Feng, Chu Tzu
*001-3479
F.taaenbaue, Bruce
+021-4218-4100
5501
14 31201D
Flapenbauo
4 31201C
Franchise Tax Board FranchiseT
+801-2118-1089 1 31281C
GKN Rentals SK"
+001-4316-2130 1 31201B
6TE California 61E
+001-4313-2125 2 312218
11/23
12101
09697224
Sannlies
IWAL DUE VENDUR--------
11/23
12101
4947552
Fuel -Pana
11123
12/01
4947563
Fuel -PIM
11/23
12101
63+4170
Fuel -PIM
11!23
12181
6344925
Fuel -PIM
11/23
12101
6345312
Fuel-6en8avt
11/23
12/01
6367454
Fuel -PIM
11123
12101
6367542
Fuel -PIM
10fAL DUE VENDOR --------
11/23
12/61
4612-20272
ExaMail-DPWIR-Sac
IDEAL DUE VENDOR --------
11/23
12101
RaFt5828
RerreatiMbFund
TOTAL DUE VENDOR --------
11/23
12101
P1naCoAe Mtas 10/12-10/26
TOTAL DUE VENDOR --------}
11/23
12101
Yithholdina Order
FDfAL DUE VcADOR-------->
11123
12101
BR927410
RatahasaerRental
IOfAL DUE VENDOR --------
11/23
12101
P,�one9vc-Her itage
TOTAL DUE VENDOR -------->
PA(jF 4
* # PREPAID + +
AMOUNT DATE CHECK
---------------------------
9.22
9.22
21.92
3.08
23.04
25.63
15.40
37.50
36.92
163.41
9.00
9.00
40.00
40.04
120.00
120.04
317.20
317.26
44.00
44.00
30.56
30.56
+++ City of Diamond Bar +++
RUN !!ME: 09:16 11/24/92 V O U C H E R R E 6 I S T E R
DUE THRJ.............12/01/92
VENDOR NAME VENDOR ID.
ACCOUNT PR0.7.T71-N9 BATCH PO.LINE/N0. ENTRY/DUE INVOTCE DtSCRIPTION
GTE California 6iE
+001-4313-2125 1 31241B
Goldman, Paula 497
+001-3472 5 31.241D
Gonsalves 3 Son, Joe A. Gonsalves
+001-4010-4000 1 312018
6rothe, Sack GrotheJ
+001-4210-4140 2 31201C
Highlander Publications Highlander
1001-2304-4444
1 31241E
+401-2300-1@10
3 31201B
+061-2340-1010
4 312018
1001-2340-1014
2 312018
+001-2300-1010
5 312018
+@41-2300-1010
19 31201E
+001-2340-1011
2 312018
Hills Club HillsClub
+441-4354-2140 1 31.2018
Hot Dogoer Tours Inc. Hodogger
+112-4364-5310 1 312018
Husain, Zareen 486
+441-3476 5 31281D
PANE 5
+ t PREPAID + +
AMOUNT DATE CHECK
---------------------------
11/23
12101
PhoneSvc-Heritaae
58.07
IOfAI Dia£ VENDOR --------}
S6.07
lli23
12161
Refi5867
RecreationRefund
45.00
TOTAL 41.,E VENDOR -------->
45.04
11/23
12101
ProfSvc-Dec92
2,102.08
TOTAL 44E VENDER -------->
2,104.40
11123
12/01
P1noCoam Mtqs 10/12-14/26
124.04
TOTAL 41jE VENDOR --------)
120.00
11123
12101
19893
Pubhra-ADR92-16
36.30
1112.3
12/41
31882
PubHry-CUP92-10
31.86
11/23
12/01
39645
PubHrq-ADR92-16
33.34
ll/?3
12/41
46446
PutHrq-ADR92-17
34.16
11123
12/01
7236
PubHra-TT47850-EIR91-2
42.23
11/24
12101
7236
CORRECTION
42.23-
11124
12/01
1236
PubHrq-TT47650-EIR91-2
42.23
10(AL DUE VENDOR --------?
177.81
11/23
12/61
Rent-TinyTots-Oct92
56.25
TOTAL DUE VENDOR --------)
56.25
11/23
12/01
ChtA2982
BalDue-RoseParade
1,217.00
10TAL DUE VENDOR --------?
1.217.04
11/23
12/01
Reft5833
RecreationRefund
51.00
TOTAL DUE VENDOR -------->
51.44
+** City of Diaaond Bar **+
RUN !IME: 09:16 11/24/92 V O U C H E R R E 6 1 S T E R PFSE 6
DUE THRU.............12/01/9Z
VENDOR NAME VENDOR ID. + + PREPAID f +
ACCOUNT PROJ.Td-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE H SCRIFfION AMOUNT DATE CHEZ
----------------------------------------------------------------------------------------------------------------------------------
riustad, Joni 483
+001-3476 2 31723
ICrA Retirement Trust -457 1CMA
*001-2116-1007
1 312018
*831-4030-0890
1 312018
f001-4030-099
1 312016
*001-4040-0090
1 31201B
f001-4052-0090
1 312018
*001-42121890
1 312018
001-4310-0290
1 312018
*001-4510-0090
1 312018
IPS Services Inc.. INS
11/23
12/01 Reft5681
RecreationRefund
62.00
---------
963.43
TOTAL DUE VENDOR --------)
62.00
11/23
12101
PayrollCont-PP23/24
310.00
11/23
12101
ContractCont-Dec
400.03
11/23
12101
DecCafeCont
714.63
11123
12/01
DecCafeCont
428.18
11/23
12101
DecCafeCont
141.59
11/23
12/01
DecCafeCont
490.15
11123
12101
DecCafeCont
233.39
11123
12/01
DecCafeCont
164.30
276.69
TOTAL DUE VENDOR --------y
3,502.61.
*243-4510-6411 01492 3 312011) 0111470 11123 12101 4722 Slurrv5aal-Areat3 46,418.40 11/17/92 000081703/
TOTAL PREPAID AMOUNT ----> 46,418.40
TOTAL DUE VENDOR --------) 0.08
IAage Avareness IaaaaAeare
+001-4095-1200 2 312016 01/1365 11123 12101 71292 City Pins 963.43
Inland Valley Aly Bulletn IVDB
f@21-2328-1010 6 31201B
*091-23@0-1010 7 31201B
International Conference ICBG
+001-4020-2323 1 312018
*201-4040-2320 1 312118
*001-4210-2320 1 312118
Jennings Engstrand .IenningsEn
f801-4020-4821 1 312016
10TAL DOE VENDOR
---------
963.43
11123
12101
dc4913
Pu6Hro-ADR92-17
51.@0
11/23
12101
dc5041
PuhHrG-ADR92-16
61.75
TOTAL DOF VENDOR
-------->
118.75
11/23
12101
061863
Code Books
276.68
11/23
12/01
CA1060
rode Books
276.64
11123
12/81
C81@68
Code Books
276.69
TOTAL DUE VENDOR
-------->
830.36
11/23
12101
LegSvc-PropTar
652.10
TOTAL DUE VENDOR
--------)
652.10
+f+ C i t v of Diamond Bar +++
RUN LIME: 89:16 11/24/92 V 0 U C H E R R E 6 1 S T E R
DUE THRU.............12/01/92
VENDOR NAME VENDOR ID.
ACCOUNT PR33.T1-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPIIUN
--------------------------------------------------------------------------------------------
:lobs Available 3absAvail
+001-4890-2115 1 312819
.3ohn Alden G.T. 7ohnAlden
foal -4018-0890 2 312o1A
Kephart, Carmen 180
+081-3476 13 312810
Ko, Annie 469
+081-3476 8 31281D
Kumar, Rishi 476
+001-3476 1 31201D
Kuntioro, Eio 3 Monica Kuntioro
+081-2348-1010 6 312818
L.A. County -Sheriff's Deo LACSheriff
+801-4411-5481 1 312818
LA County Agriculture Can LACAgric
+001-4331-5308 1 312619
Landscape Jest i_andsraoeY
+141-4541-5508 2 31281B 61/1419
*141-4541-2210 1 312013
PAGE i
+ PRFPAID +
AMOUNT DATE CHECK
--------------------------
11123
12/01
223816
Ad-PVDir
162.88
TOTAL Di;E VENDOR
--------)
162.08
11/23
12181
Dec. Cafeteria -Miller
430.88
TOTAL DUE VENDOR
--------)
430.88
11123
12181
Refi5895
Rac.reationW and
55.08
1901. DUE VENDOR
--------)
55.08
11123
12/01
Reft5656
RecreationRefund
158.80
TOTAL DUE VENDOR
--------)
150.04
11./23
12101
Reft5315
RecreationRefund
45.08
TOTAL DIiE VENDOR
-------->
45.88
11123
12101
Refund-CUP91-14
600.08
TOTAL DUE VENDOR
--------)
0188.88
11/23
12101
11113
ContSvc-October
271,622.06
TOTAL DUE VENDOR
------->
271.822.86
11/23
12181
4393
PeatControl-9/92
761.00
TOTAL DILE VENDOR
--------)
761.44
11123
12101
6443
LLAD141-Mtce
3,211.64
11123
12/01
6561
LLADS41-Planting
197.54
TOTAL DUE VENDOR
--------)
3,489.18
+++ C i t v of Dia:aond Bar +++
RUN TIME: 09:16 11/24/92 V 0 U C H E R R E 6 I S T E R
DISE f4RU............. 12,01t42
VENDOR NAME VENDOR IU.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE I4VOILE DESC81PliCN
--------------------------------------------------------------------------------------------
Leaoue of Ca. Cities Lsaoue
+021-4090-2315 1 312218
Leighton and Associates i.eighton
+250-4310-6415 04692 1 31201B
Li, Michael LiMike
+001-4210-4100 5 31201C
Liebe, Bob 417
+001-3x14 1 312016
Lipka, Beverly 504
}001-3478 16 312810
Little Red School House LittleFed
+001-4350-1280 1 312818 0111435
Lunau, Ann
+001-2300-1010
#001-2300-1010
Mac Bride, Dexter
+001-4210-4100
LumPA
11 312010
12 31201E
MacBrideD
3 312i1C
Magellan Group Inc. Maqellan
+001-4095-4260 1 312010
PAGE A
+ + PREPAY? +
AMOUNT DAME C1ECti
--------------------------
11123
12101
Annual Dues -1993
7,674.02
TOTAL DUE VENDOR ---------
7.674.00
11/24
12/01
76926
Geotec.h-Heritaoe
255.00
TOTAL DUE VENDOR --------i
265.04
11/23
12101
Plaq Case Mtq 10/12
68.00
TOTAL DS1E VENDOR -------->
60.0+1
11123
12101
R2ft5732
RecreationRefund
395.00
TOTAL DUE VENDOR --------t
395.04
11/23
12101
Ref:5063
RacreationRefund
15.00
TOTAL DUE VENDOR --------
15.04
11/23
12101
526912
S+.mplies-Tiny Tots
56.29
TOTAL DUE VENDOR --------)
S6.19
11/23
12/01
5291132
FileDev-PSQ92.02
8.61
11/23
12/01
5291132
FilmCev-PSP92-02
8.54
TUTAL D11F VENDOR --------)
17.11
11/23
12101
PI-Woaa Mtas 10/12-10/26
128.00
TOTAL DUE VENDOR -------->
128.00
11/23
12101
Retai]RetentionStudy
2,722.91
iOTAL DUE VENDOR ----------
2,722.97
+++
City
of
Diamond
Bar ++t
RUN TIME: 09:16 11/24192
V
0 U C
H E R R E
G I S T E R
PAG} 9
DUE
THRU
.............12/01/92
VENDOR NAME
VENDOR 1D.
+ + PREPAID + +
ACCU.iNT PROJ.Tt-NO BATCH PO.LINE/N0.
-----------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
McCown, Lee
McCown/
+001-4418-2325
1
312010
11/23
12101
Safe Coma Mtq Expenses
6.00
TOTAL DUE VENDOR --------)
8.02
Meyer, David
MyerD
+001-4218-4108
1
31201C
11123
12101
P1naComm Mtas 10/12-10126
120.00
TOTAL DUE VENDOR --------)
120.00
Myers, Elizabeth
Myer5E
+001-4553-4000
1
31261C
11/23
12101
T6Trans Mtq Minutes -11/12
234.60
+001-4030-4000
1
31201C
11/23
12/01
92db20
Minutes CCouncil Mtq 1113
198.04
+001-4210-4000
1
31201C
11/23
12101
92020
Plnq Comm Minutes -11/9
144.00
#001-4210-4006
2
31201C
11/23
12/01
92026
Admin DVID Review -11/9
36.00
TOTAL DUE VENDOR --------)
61.2.00
NRPA
NRPA
+001-4316-2320
2
31281C 01/1443
11/23
12/01
31754
Prk I Maint Publication
104.50
10TAL DUE VENDOR -------->
104.54
Nakata, Susan
502
#081-3478
15
31201D
11/23
12/01
Reft5893
R2creationRefund
20.00
TOTAL DUE VENDOR --------)
20.04
Niquet, Evelyn I_.
491
#001-3476
10
31281D
11/23
12101
R2ft5250
R2creationRefund
75.00
TOTAL DUE VENDOR --------)
75.04
PERS Health Benefits
PERSHealth
+001-2110-1003
1
31201C
11/23
12161
Dec Health Presiums
7,605.14
+801-4090-0088
1
31201C
11/23
12/01
Admin Fee
39.60
TOTAL DUE VENDOR --------)
7,644.14
Pac Tel Cellular
PacTel
+001-4030-2125
1
31201C
11/23
12/41
October Cellular Svc
75.74
TOTAL DUE VENDOR --------)
15.74
Parks, Bill
495
+001-3472
3
31281D
11/23
12/01
Reft5781
RecreationRefund
30.00
TOTAL DUE VENDOR ------)
30.00
+**
City
of
Diamond
Bar **t
RUM AIME: 89:1e
11/24/42
V
0 J C
H E R R E
6 I S T f R
p4iE 10
DUE THRU
.............12101/92
VLNDOR NAME
VENDOR ID.
t t PREPAID t +
ACCOUNT
------------------------------------------------------------------------------------------------------------------------------------
PROJ.TX-NO BATCH P4.tINE/N0.
ENTRY/DOF
INVOICE
DESCRIPTION
AIDONT
DATE CHECK,
Pitney Bores
PitnevBnre
+001-4090-2132
1
312810
11/23
12/01
Equio Rent -1/1/93-3/31./93
245.14
IOiAI DUE VENDOR --------)
225.14
Reoents of the
Univ of CA bUReoents
+001-4518-2340
2
312810 01/1455
11/23
1241
717%21
Cnnf 10/6-Eayirok ience
95.00
TOTAL DUE VENDOR --------)
95.09
Repents of the
University UCRegents2
+001-4030-2325
5
3t.281D
11123
12/01
Seminar-LandUse
195.08
09/18/92 0800017034
TOTAL PREPAID AMOUNT ----)
195.08
'IOTA[ DUE VENDOR --------)
8.80
Robert Driver Ins
Co.
RobDrive
*081-2388-1804
1
31201D
11/23
12101
SpecEventIns-Oct
125.08
11/18/92 0800017038
TOTAL PREPAID AMOUNT ---->
125.88
TOTAL DUE VENDOR --------)
0.08
Roy, Sujit K.
490
*001-3478
9
31.201D
11/23
12/81
R695202
RecreationRefund
75.00
IOIAL DUE VENDOR --------)
/5.08
Ruiz, Cara B.
484
*801-3478
3
31201D
11/23
12101
Reft5198
RecreationRefund
31.00
TOTAL .DUE VENDOR --------)
31.08
San Gabriel Vlv
Tribune
SSVTribune
1881-2308-1010
17
31281C
11123
12101
980016A
Pub Hra ADR 92 16
53.82
+001-7300-1818
18
31261C
11123
12101
S&VT6109
Pub Hra CUP 92-18
51.48
+@01-2388 1811
1
31281C
11123
12161
SSVT8136
EIR 91-2
66.69
*001-2388-1@18
15
31281C
11123
12101
SBY17486
Pub Hrq ADR 92-16
57.33
+801-2388-1818
16
31281C
11123
12161
SSVT7495
PubHrg ADR 92-17
58.58
TOTAL DUE VENDOR --------)
2.87.82
Securirorp Intl
Inc.
Eeruricorp
*001-4553-5531
1
31201C
11123
12/01
14467
Oct Crossing Guard Svcs
6,697.69
TOTAL DUE VENDOR -------->
6,697.69
+**
C i t
Y of
Dia®and
Bar ***
RUN TIME: 09:16 11/24/92
V
0 U C H
E R R E
6 I S T E R
PAGE li
DUE
THRU
.............12/01/92
VENDOR NAME
VENDOR 1D.
* PREPAID *
ACCOUNT PROJ.TX-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINEINO.
ENTRY/D(1E
INVOICE
DESCRIPTION
AM30NT
DATE CHECK,
Sheriff`s Emporium
SheriffEaa
*001-4090-2110
1 31222
11/23
12/01
Name Badoes
103.41
11/13/92 0022317036
TOTAL PREPAID AMOUNT ----?
103.41
1(ITAL DUE VENDOR --------;
0.03
Siecke, Warren C.
Siack.eW
}001-299#-1012
1 31201C
11/23
12101
2850-12
Trfc Signl-GrandAveApts
283,52
TOTAL DUE VENDOR --------)
263.9
Sir Speedy
Sir Speedy
*001-4510-2110
1 31201C
11/23
12/01
10388
Stationary Saoplies
52.52
TOTAL DILE VENDOR --------)
50.52
Southern Ca. Edison
SoCiEdison
+139-4539-2126
1 31201C
11/23
12/01
Electric Svcs -Dist 39
162,1,?
10TAL DU£ VENDOR --------)
162.62
Southern Ca. Edison
SoCiEdison
*138-4538-2126
1 31201C
11/23
12/01
Electric Svcs -Dist 38
235.78
fOiAL DUE VENDOR -------->
85.78
Southern Ca. Edison
SoCaEd mn
*141-4541-2126
1 31201C
11123
12/61
Electric Svcs -Dist 41
99.56
TOTAL DUE VENDOR --------)
9#.56
Southern Ca. Edison
SoCaEdison
*001-4555-2126
1 31201C
11/23
12/01
Elec5vc-TrafficControl
3,581.18
TOTAL DUFANDOR --------;
3,581.18
Southern Ca. Edison
SoCiEdison
*861-4311-2126
1 31211C
11/23
12/01
Elect Svcs Grow Park
29.55
1081-4316-212.6
1 312O1C
11123
12/01
Elact Svrs Maple Hili Pik
306.64
*001-4319-2126
1 31201C
11123
12/01
Elect Svcs Peterson Pik
712.43
*001-4331-2126
1 31201C
11/23
12/01
Elect Svcs Sycamore Cyn
1.009.68
10TAL DUE VENDOR --------)
2,858.90
Standard Insurance of
Ore StandardIn
*001-2114-1015
1 312O1C
11/23
12101
Dec Sapp Life Ins Preps
17.00
TOTAL DUE VENDOR --------)
17.08
f++
City
of
Diamond
Bar f+f
RUN TIME: 89:16 11/24/92
V
0 U C H
E R R E
6 I S T E R
PAGE i2
DUE THRJ
.............12101192
VENDOR NAME
VENDOR ID.
+ + PR£PAiD + +
ACCUONT PROJ.T1-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/NO.
ENTRY/DUE
INVO[CE
DESCRIPTION
AKUNT DATE CHECK:
5aoerior Industries
Si;oeriarIn
fool-4095-6100
1 3t201C
11/23
12101
Cana Promo-TruckTrailer
5.080.00
TOTAL DUE VENDOR
-------->
5,00a.09
Turrieta, Natalia
03
#031-3411
1 31.281D
11123
12101
Refi5543
RecreationRefund
38.03
TOTAL DUE VENDOR
-------->
33.09
US Sprint
USSorint
#001-4510-2125
i 31281C
11/23
12101
Engr-Lanq Dist Phone Svc
6.55
TOTAL DUE VENDOR
--------">
6.55
Unocal
Unor.al
+gal-4310-2310
6 31211C
11/23
12101
024459
Fuel-Prk 3 Maint
40.00
f001-4030-2310
3 31201C
11/23
12/01
224486
Fuel-CMor
16.64
TOTAL DUE VENDOR
-------->
56.62
Ury, Donald
UryD
#001-4553-4100
3 312010
11/23
12/01
Trfc i Trans Mtq
11112
46.00
TOTAL DUE VENDOR
-------->
40.00
Valley, Carol
496
#001-3412
4 31201D
11123
12101
Ref35630
Recreah onhfund
30.00
IOiAL DUE VENDOR
-- ----->
30.04
Walnut Vly Yater Dist
VVYaterDis
+001-4311-2126
2 31201C
11/23
12101
Yater Usaae-Paul
Grow Prk
1,116.45
f001-4316-2126
2 31201C
11123
12/01
Hater Usaoe-Maple Hill
1.316.95
TOTAL 911E VENDOR
-------->
2,493.40
Walnut Vly Yater Dist
WVWaterDis
#139-4539-2126
2 31201C
11123
12/01
Yater Usage-Dist
39
314.90
TOTAL DUE VENDOR
-------->
314.94
Walnut Vly Water Dist
WVWaterDis
+136-4536-2126
2 31281C
11/23
12/01
Yater Usage-Dist
38
5,518.35
TOTAL DUE VENDOR
-------->
5,516.35
+++ City of Diamond Bar f++
RUN LINE: 89:16 11/24/92 V O U C H E R R E 6 I 5 T E R
DUE THRO.............12/81/92
PAGE 13
VENDOR NAME VENDOR ID. f f PREPAID f f
AMILINT PRJJ.T1-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICt DE5CRIP MN AMOONT DATE CHECK
----------------------------- ----------------------- ---------------------------------------------------------------------------
Wast Coast Arborist Inc. W-�Arbor
foal -4555-5529 3 312810 81/1417 11123 12/81 7396 Tree Trim Svcs 409.08
1981-4555-5589 5 31201C 01/1411 11/23 12181 1397 Tree Trim Svrs 1.935.0a
TOTAL DUE VENDOR -------- 1, 2,335.00
7.aaarosa, Debbie 492
+841-3476 it 31201D 11/23 12/01 R2Et5294 RecreationRefund 75.00
TOTAL DUE VENDOR --------> 15.09
TOTAL PREPAID -----------} 46,941.64
TOTAL DUE ---------------> 379,M2.69
TOTAL REPORT ------------> 425,954.33
PA6F 1
FUTURE TRANSA1,11ONS
REVENUE EXPENSE
-----------------------
1,472.88 349,49Y.89
636.92
5,894.13
1,:42.83
53,3Q8.48
3.499.66
1,412.88 414.423.83
+++ C
i t v of Dia
a and Bar ++t
RUN TIME: 89:16 11/24/92
V 0 U C H E R
R E 6 T S T E R
FUND
SUM.4ARY
REPORT
DUE THRU.............12/01/92
DISBURSE
6/L
63E HILL
POST 113E HAS POSTED
FUND
------------------------------------------------------------------------------------------------------
TOTAL
DTRECT PAY
REVENUF
EXPENSE REVENUE EIPENSE
E816enerai Fund
30,93t.2?
18,859.3:4
139LLAD 339 Fund
h36.92
13ALLAD 136 Fund
5,894.13
MProp A—Transit Fu
1.542.88
258C.I.P. Fund
53,358.48
141LLAD 141 Fund
3,499.66
TOTAI------------
------------
------------ ----------- ----------
ALL FUNDS
425,954.33
18.859.32
PA6F 1
FUTURE TRANSA1,11ONS
REVENUE EXPENSE
-----------------------
1,472.88 349,49Y.89
636.92
5,894.13
1,:42.83
53,3Q8.48
3.499.66
1,412.88 414.423.83
CITY OF DIAMOND BAP
AUENDA FLEFUNE AGENDA iio .
TO: Honorable Mayor and City Council
MEETING DATE: December 1, 1992 JqA REPORT DATE: November 18, 1992
FROM: Linda G. Magnuson, Accounting Manager
TITLE:
Treasurer's Report - October 31, 1992
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of October 1992.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Spec. (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
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:
RE IEWED BY:
r � 1
Terrence L. Belanger
City Manager
Linda G. Ma son
Accounting Manager
_ Yes_ No
Yes X No
_ YesX No
Yes X No
CITY r_oumcIL REPORT
AGENDA NO.
MEETING DATE: December 1, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - October 31, 1992
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the October, 1992 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of October 1992. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances and
investment account balances.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
October 31, 1992
GENERAL FUND
$4,388,232.57
$632,597.66
$857,469.01
$4,163,361.22
TRAFFIC SAFETY FUND
8,900.75
3,430.52
12,331.27
GAS TAX FUND
2,386,046.22
151,980.39
989.94
2,537,036.67
TRANSIT TX (PROP A) FD
610,619.27
60,134.01
26,281.81
644,471.47
TRANSIT TX (PROP C) FD
489,896.00
88,776.06
578,672.06
FEDERAL AID URBAN FUND
0.00
0.00
INTEGRATED WASTE MGT FD
14,799.85
7,639.45
5,072.96
17,366.34
OTS FUND
0.00
0.00
AIR QUALITY IMPRVMNT FD
33,359.25
239.03
33,598.28
STATE PARK GRANT FUND
0.00
0.00
PARK FEES FUND
180,077.25
1,913.72
181,990.97
COM DEV BLOCK GRANT FUND
(1,324.44)
11000.00
1,782.02
(2,106.46)
LANDSCAPE DIST #38 FD
82,423.42
1,179.78
44,019.45
39,583.75
LANDSCAPE DIST #39 FD
146,361.33
2,029.29
19,819.15
128,571.47
LANDSCAPE DIST #41 FD
92,461.65
1,281.05
8,790.91
84,951.79
GRAND AV CONST FUND
492,056.73
722.43
491,334.30
TRAFFIC MITIGATION FEE FD
312,554.37
9,747.80
302,806.57
CAP IMPROVEMENT PRJ FD
52,921.37
91.16
57,409.55
(4,397.02)
SB 821 FUND
131,776.64
1,418.69
133,195.33
SELF INSURANCE FUND
352,646.90
4,419.90
357,066.80
TOTALS
$9,773,809.13
$958,130.71
$1,032,105.03
$0.00 $9,699,834.81
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
GENERAL ACCOUNT $63,937.63
PAYROLL ACCOUNT (1,180.83)
CHANGE FUND 100.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
COMMERCIAL PAPER
L.A.I.F.
TOTAL INVESTMENTS
$0.00
0.00
9,636,478.01
$63,356.80
9,636,478.01
TOTAL CASH $9,699,834.81
CITY OF DIAMOND BAR
MINUTES OF THE PARKS AND RECREATION COMMISSION
OCTOBER 22, 1992
CALL TO ORDER: Chairman Ruzicka called the meeting to order at
7:10 p.m. at the AQMD, Hearing Room, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Chairman Ruzicka.
ROLL CALL: Commissioners: Medina, Vice Chairman Plunk, and
Chairman Ruzicka. Commissioners Schey and Whelan
were excused.
Also present were Community Services Director Bob
Rose, Administrative Assistant Kellee Fritzal,
Recreation Supervisor Marla Pearlman, and Contract
Secretary Liz Myers.
APPROVAL OF
THE MINUTES:
Sept. 24, 1992 VC/Plunk requested that the 4th paragraph, page 7,
of the minutes of September 24, 1992 be rewritten.
Chair/Ruzicka requested that the word "use" be
amended to "user" in the 4th paragraph on page 6.
Motion was made by VC/Plunk, seconded by C/Medina
and CARRIED to approve the Minutes of September 24,
1992, as amended.
OLD BUSINESS:
Parks Master CSD/Rose distributed a handout to the Commission,
Plan from C/Schey, with information of the Parks Master
Plan Purkiss-Rose, a landscape architect that is
located in the City of Fullerton, and a park
standards list from the City of Costa Mesa's Parks
Master Plan. CSD/Rose explained that these are
suggested standards, from professionals in the area
of Parks and Recreation, Landscape Architects,
etc., that the City could use as guidelines. The
City will develop our own standards that are
specific for Diamond Bar, compare our inventory to
those standards, and ultimately see our
deficiencies. The rest of the Parks Master Plan
will then address how to deal with those
deficiencies. In response to Chair/Ruzicka,
CSD/Rose stated that staff has a file of all
material received on the Parks Master Plan, and
that it will be made available to the Commission
upon request. Staff will be compiling the
information into a matrix, showing a comparison to
other cities, to aid in developing the City's Parks
Standards.
October 22, 1992 Page 2
VC/Plunk stated that she and C/Medina plan to color
code the map, of facilities outside the City, once
staff has reduced it in size. There is a cub scout
troop that is interested in working to do the
actual site inventory list.
VC/Ruzicka suggested that it may be beneficial to
have an overlay map showing the locations of these
facilities, and the changes made as things
progress. He noted that it might be necessary to
schedule a second meeting, in a couple of months,
to see the Commission's progression.
Senior The Senior Citizen Sub -Committee of VC/Plunk and
Sub -Committee C/Medina met to discuss the services available to
Update local senior citizens and to develop a survey
seeking citizen input on those services. It is
recommended that the Commission comment on and
approve use of the survey for the collection of
information from Diamond Bar Senior Citizens.
VC/Plunk reported that, upon meeting with the City
Council Senior Citizens Sub -Committee, the
following was suggested: the survey be called a
Needs Assessment of Seniors in Diamond Bar; the
survey ask that the listed programs be prioritized;
and that there not be mention of free, or low cost
services.
CSD/Rose stated that there are some Senior Programs
in the area, such as in Walnut, Pomona, and Brea.
The L.A. County Senior Programs are federally
funded, on a four year cycle, to provide the
program. The funding requires a 15% minimum match
from the City or agency providing the services.
The City in turn must contract with different
organizations and providers of those services.
CSD/Rose then reviewed those services, currently
funded by L.A. County, as is indicated in item 3,
in the Survey Of Older Citizens In Diamond Bar
presented in the staff report.
VC/Plunk suggested that item 3, of the survey, be
amended to read, "Day trips by bus to amusement or
cultural attractions", and "Trips for 3 to 4
days ... out-of-state destinations".
Chair/Ruzicka inquired if contact has been made
with the leadership of these different
organizations to inquire if these questions will
sufficiently cover the needs of older citizens.
October 22, 1992 Page 3
CSD/Rose stated that it would be beneficial for the
sub -committee and staff to get with the two
organized groups in town to get their input to the
survey. It is hoped that the results of the survey
show the possible participation, of the programs
that could be offered, from as big a cross section
of town as possible. The first step is to
determine the type of program we want to run for
the fiscal year 1993/94. The second step is to
apply for the LA County federally funded money,
which is not available until the 1994 fiscal year.
It is hoped that we can get a cross section of
people to get involved in working with us to
develop these services.
Chair/Ruzicka suggested that a general statement,
be added to the survey, allowing individuals an
opportunity for additional input for other areas of
concern.
Motion was made by C/Medina, seconded by VC/Plunk
and CARRIED UNANIMOUSLY to approve the concept of
the survey, to be further developed with input from
the local seniors.
Concession The Commission reviewed draft policy regulations
Stand Use and procedures for the Peterson Park Concession
Policy Stand at the September 24, 1992 meeting. The
revised policies are presented in the staff report.
It is recommended that the Commission approve the
Concession Stand Use policies and procedures.
Motion was made by VC/Plunk, seconded by C/Medina
and CARRIED UNANIMOUSLY to approve the Concession
Stand Use policies and procedures.
NEW BUSINESS:
User Group
The Walnut Unified School District is offering its
Sub -committee
Board Room at no charge for the next User Group
meeting. It is recommended that the Commission
approve the scheduling at the next user group sub-
committee meeting for Monday, November 16, 1992 at
7:00 p.m. in the W.V.U.S.D. Board Room.
The Commission concurred with the recommended
action.
South Pointe
There is a developer proposal for a residential and
Master Plan
commercial development known as the South Pointe
Master Plan. A Consultant will be available to
provide a presentation on the process on Thursday,
November 5, 1992. It is recommended that the
Chairman schedule a study session of the Parks and
October 22, 1992 Page 4
Recreation Commission for Thursday, November 5,
1992 at 7:00 p.m. to discuss the process of the
South Pointe Master Plan with the Consultant. The
Commission concurred.
Park A facility use request, to reserve Summitridge park
Reservation on a Sunday morning each month, was received from a
Request company called Veterinary Outreach located in
Lakewood. They would like to provide low cost dog
and cat vaccinations to the community. It is
recommended that the Commission approve a variance
from the facilities rules and regulations to allow
monthly use of Summitridge Park by Veterinary
Outreach, except July, which will be reserved for
the Pomona Humane Society, for the same purpose.
C/Medina pointed out the local veterinarians may
complain because these low costs vaccinations may
hurt their businesses. It is not a Diamond Bar
organization.
VC/Plunk stated that once a month may be too often,
and may bother the neighborhood. However, she
would not object to allowing the use once a
quarter.
CSD/Rose stated that FC International, a soccer
organization, currently uses the lower facility on
Sundays. Staff can condition the approval so that
the company is only allowed to use the facility one
time in November of 1992. Staff will then
investigate to see how it affects others using the
park, and report back to the Commission.
Motion was made by VC/Plunk, seconded C/Medina and
CARRIED UNANIMOUSLY to approve the variance from
the facilities rules and regulations for one time
in the month of November of 1992, the date to be
determined by the Community Services Director.
INFORMATIONAL
ITEMS:
Adopt -A -Park AA/Fritzal referred the Commission to the Adopt -A -
Packet Park flier, and application, presented in the staff
report. This three fold flier will be sent out to
every organization, and will also be located
throughout. town. As a follow-up, the application
will be sent to the organization along with the
fact sheet, previously approved by the Commission.
The organization will then sit with staff and the
Adopt -A -Park sub -committee to develop the project.
If the Commission approves, the fliers will be sent
out next week.
October 22, 1992 Page 5
The Commission concurred that the flyer is very
well done, and that staff can proceed.
Recreation RS/Pearlman gave an update of the Contract Classes,
Update Athletics, Diamond Bar Ranch Festival, and Youth
Basketball, as presented in the staff report. She
stated that the location of the Youth Basketball
league may be changed from Castle Rock Elementary,
as is indicated in the staff report, if better
playing surfaces can be found. She stated that
there are some corrections to the
Expenditure/Revenue/Participation Summary report,
and that she will bring back the amended report at
the next meeting.
RS/Pearlman, in response to VC/Plunk, stated that
Music classes did not do well, basically because
they are offered at the schools for free, however,
Musical Theater was very popular.
Parks Update CSD/Rose presented the monthly report for October
of 1992.
VC/Plunk noted that there are no lights on, at
night, at Maple Hill, from the tennis courts to the
parking lot. She then suggested that leaving the
grass clippings, after mowing the lawn, may
eventually improve the condition of the turf at
Peterson Park.
CSD/Rose reported on the following events: a
Laughlin trip November the 7 & 8, 1992 - room for
46 more people; a Newport Harbor Light Cruise in
December, at a cost of $35.00 - sold out; and the
Rose Parade, at a cost of $48.00. He then reviewed
the information regarding the Environmental
Enhancement Project, as presented in the staff
report.
AA/Fritzal stated that the City now has a Diamond
Bar Recreation Facilities map, and copies are
available at City Hall.
AA/Fritzal, in response to VC/flunk's request for
an update regarding the concern that some heritage
trees may be removed as a result of the Community
Building at Heritage Park, stated that a Mulberry,
two Evergreens, and a Chinese Elm will be removed
to make way for the building, but the 35+ year old
Sycamores (heritage trees) will not be removed.
October 22, 1992 Page 6
CSD/Rose, in response to VC/flunk's inquiry, stated
that staff will be sending a letter to the
contractor regarding the trash concerns at Sycamore
Canyon Park.
CSD/Rose, in response to VC/Plunk's request to
update the Commission on the MOU with Bramalea,
stated that the City Council approved a non-binding
MOU to allow Bramalea California, Inc. to develop
110-135 homes in upper Sycamore Canyon, in exchange
for 350 acres of property, to be given to the City,
and dedicated as open space.
ANNOUNCEMENTS: Chair/Ruzicka stated that he received a suggestion,
from a citizen, to run the sprinkler cycle on
Diamond Bar Blvd. at 1:00 a.m., when there is
little traffic, as opposed to 10:00 p.m., so not so
many cars get wet.
CSD/Rose explained that there are approximately 36
stations, throughout the City, that runs for 9
hours a day in order to complete all of the cycles.
Chair/Ruzicka stated that there is a group of
citizens living at the Summit Ridge Park area that
would like to see basketball courts at the park.
CSD/Rose stated that there is a small park on Long
View that has basketball courts.
Chair/Ruzicka presented a plaque to CSD/Rose, on
behalf of Mike Conway, District 20 Administrator of
Little League, thanking CSD/Rose for his
cooperation and assistance.
AA/Fritzal reported the following items: Peterson
Park Concession stand is near completion; girls
softball is looking into purchasing a pepsi
fountain for Peterson Park; the Heritage Park
project site should be cleared around November 16,
1992; the Tiny Tots will be moved to Sycamore
Canyon Park; and during construction of the
Community Building and the picnic area at Heritage
Park will be fenced off, but the bathrooms will
remain open and functional.
CSD/Rose stated that the effective date for the
Colima Road to Golden Springs name change is March
1, 1993.
October 22, 1992
Page 7
CSD/Rose stated that Diamond Bar is in the process
of taking over the scheduling of outdoor
recreational activities from the Pomona Unified
School District.
ADJOURNMENT: Motion was made by VC/Plunk, seconded by C/Medina
and CARRIED UNANIMOUSLY to adjourn the meeting at
8:45 p.m.
Respectively,
/s/ BOB ROSE
Bob Rose
Secretary
Attest:
/s/ JOE RUZICKA
Joe Ruzicka
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
SEPTEMBER 10, 1992
CALL TO ORDER: Chairman Chavers called the meeting to order at
6:34 p.m. at the South Coast Air Quality Management
District Room, 21856 East Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Commissioner Cheng.
ROLL CALL: Commissioners: Ury, Cheng, Beke, Vice Chairman
Gravdahl, and Chairman Chavers.
Also present were Associate Engineer David Liu,
Administrative Assistant Tseday Aberra, Sergeant
Rawlings, and Contract Secretary Liz Myers.
MINUTES:
Aug. 13, 1992 C/Ury requested the following amendments to the
minutes: page 1, Commission Comments, should
indicate that he had expressed disappointment that
the Commission had recommended against the medians
on Golden Springs; page 5, to reflect the proper
spelling of "past"; page 8, ninth paragraph, to
change "curve" to "curb"; and page 8, last
paragraph, to read".. participation program, if
feasible,...".
Motion was made by C/Beke, seconded by C/Ury and
CARRIED to approve the Minutes of July 11, 1992, as
amended. VC/Gravdahl abstained because he was not
present at that meeting.
COMMISSION C/Ury inquired if anything is being proposed to
COMMENTS: improve the lines marking the left turn from
Diamond Bar Blvd. to Grand Avenue.
AE/Liu stated that staff is considering improving
that intersection as part of the Grand Ave.
Rehabilitation Project.
C/Beke requested an update to the 3 way stop sign
at Pathfinder and Brea Canyon Road. The 3 way stop
would be beneficial during construction.
AE/Liu explained that, because the County has
indicated that the Pathfinder Bridge Widening
Project was scheduled in November, staff had
decided to put that project on hold. City Council
has recently authorized staff to go ahead with the
installation of the 3 way stop. A signal is
included with the bridge project.
VC/Gravdahl informed staff that one of the "No
Parking Signs" at Diamond Point School, at the
drive closest to Del Sol Lane, has been knocked
down. He requested that another sign be ordered.
September 10, 1992 Page 2
C/Cheng stated that her neighbor has commented that
there are not a sufficient number of school bus
stops for the children in "The Country".
AE/Liu stated that this concern should be addressed
to the School District, and "The Country".
Chair/Chavers suggested that staff advise CalTrans
that the Red Umbrella Restaurant, at the Diamond
Bar Blvd. off ramp at the 60 freeway, has attached
one of their signs to a "Do Not Enter" sign within
CaltTrans right of way.
CONSENT CALENDAR:Chair/Chavers requested that item A be pulled from
the Consent Calendar to allow public comment on the
issue.
Motion was made by C/Ury, seconded by VC/Gravdahl
and CARRIED UNANIMOUSLY to approve item B, of the
Consent Calendar, as recommended by staff.
AYES: COMMISSIONERS: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
Remove red
AA/Aberra presented the staff report regarding the
curbing
request made by Canyon Park Homeowners Association
Silver Hawk/
to remove approximately 200 feet of red curb that
Diamond Bar
currently exists on Silver Hawk Dr. at Diamond Bar
Blvd.
Boulevard. Staff views the red curb on Silver Hawk
Drive as an attempt to provide clear visibility,
and to minimize potential safety hazards that may
be created as vehicles noticeably increase their
speed when approaching Diamond Bar Boulevard. The
stopping, starting, and backing of vehicles at the
subject area during the parking maneuver physically
restricts other traffic movements. It is
recommended that the Commission deny the request to
remove the red curb on Silver Hawk Drive at Diamond
Bar Boulevard.
Kim Reuland, residing at 2306 Shady Hills Dr.,
representing the Canyon Park Homeowners
Association, stated, at the time of the request,
the Association did not realize that the red
curbing was installed to provide clear visibility.
She then inquired if there was a way to prevent the
church members from driving into their private
property area in order to find another outlet.
September 10, 1992 Page 3
C/Beke suggested that staff be directed to
judiciously place a "Not A Through Street" sign.
C/Ury suggested that the Association consider
posting signs at the driveways as well.
Motion was made by C/Ury, seconded by C/Beke and
CARRIED UNANIMOUSLY to recommend the placement of a
"Not A Through Street" sign on Shady Hills Drive.
AYES: COMMISSIONERS: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
Motion was made by C/Beke, seconded by VC/Gravdahl
and CARRIED UNANIMOUSLY to accept staff's
recommendation to deny the request to remove the
red curb on Silver Hawk Drive and Diamond Bar
Boulevard.
AYES: COMMISSIONERS: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
Chair/Chavers called a recess at 6:50 p.m. upon the
request of the AQMD to vacate the premises.
The meeting was reconvened at 7:07 p.m. at the City
Hall Conference Room.
OLD BUSINESS:
Uniform Analysis
AA/Aberra reported that, pursuant to the
Standard for
Commission's direction, at the August 13, 1992
Crossing Guard
meeting, requesting staff to research the
Service
feasibility of developing a uniform warrant
analysis standard for crossing guard services,
staff has obtained the services of Austin -Foust
Associates, Inc., traffic engineer consultant, to
study and bring back the findings before the
Commission. The report by Austin -Foust Associates,
Inc. is attached to the staff report. Staff has
also invited the Walnut Valley and Pomona Unified
School Districts, pursuant to the City Council's
direction of September 1, 1992, to attend this
meeting. It is recommended that the Commission
review and discuss the report submitted by Austin -
Foust Associates, Inc. and solicit comments from
both School Districts.
September 10, 1992 Page 4
Chair/Chavers explained to Joanne Leon,
representative from the Pomona Unified School
District (PUSD), and Clyde Evans, representative
from the Walnut Valley Unified School District
(WVUSD), that the City has had a number of needed
school crossing guards. The public has indicated
that they need crossing guard services regardless
of whether or not the CalTrans warrant standards
are met. The Commission requested staff to have
the traffic consultant give some input as to more
conservative school crossing guidelines. He
welcomed the School District's representatives to
also give input with regard to the use and
application of crossing guards, and how they are
warranted.
Clyde Evans stated that he has not had an
opportunity to talk with any of the school
principals as of yet. He asked that this
discussion be deferred to the next meeting.
C/Ury noted that it was also recommended that any
new, unwarranted crossing guards could be allowed,
as long as the school districts provided the funds
for them.
Joanne Leon passed around a copy of a section from
the California Education Code pertaining to
responsibility for crossing guards. She stated
that, upon contacting the principals at the
schools, the following comments were made: the
principal at Diamond Point has indicated that a
crossing guard and a light at Golden Springs and
Sunset Crossing is sufficient; the principal at
Lorbeer Junior High School would like a crossing
guard for the corner of Diamond Bar Blvd. and
Golden Springs; the principal at Armstrong
Elementary stated that a signal is needed at
Prospectors and Golden Springs Blvd., or Prado and
Golden Springs Blvd., and that neither location is
safe enough for a crossing guard, that no child can
cross Golden Springs Blvd. because there is no
crosswalk, and a stop sign is needed at Sunset
Crossing at Prospect; and the principal at Golden
Springs Elementary stated that though he has a
crossing guard at Meadow Falls and Golden Springs,
and E1 Encino and Prospect Valley, but he would
like another one because 95% of the students are
carpooled. Joanne Leon indicated that the cities
usually take the responsibility for crossing guards
because of traffic and traffic congestion. She
then noted that there had been some question as to
whether or not the counts were taken at the
appropriate times.
September 10, 1992 Page 5
Chair/Chavers stated that the recount verified the
initial results, and we know, undoubtedly, that the
count was taken during the appropriate student
times. He pointed out that if the City continues
to use CalTrans criteria, many of the schools would
lose their crossing guards, when the annual
counting program is done, because it will not meet
CalTrans warrants. He inquired what criteria the
school district uses in determining the need for a
crossing guard.
Clyde Evan stated that the County of Los Angeles
Department of Education put in the existing
crossing guards and funded them. The counting
criteria used is different than CalTrans.
C/Beke, in reference to the California Education
Code section, pointed out that the City does have
standards in place, so that portion is not
applicable. The code section goes on to state that
if the standards are not met, then there is no
obligation for the County or City to pay. He
stated that, besides receiving input from the
School Districts, the Commission needs to address
the issue of establishing the criteria to be used
for crossing guards, as well as the issue of the
nine existing crossings. The schools will be given
the opportunity to submit a list of locations that
they feel need crossing guards.
AE/Liu stated that staff will provide the
Commission, at the next meeting, with a list of the
existing nine locations with crossing guards, as
well as information of the pedestrian traffic
counts.
Clyde Evans, in response to Chair/Chavers,
explained that when the principal gets pressure
from the parents for a crossing guard, the School
District sends a letter to the authorized agency
requesting a crossing guard study. The Commission
may want to write a letter back to the district
stating that under our guidelines it does not
warrant a crossing guard. The school districts
hands are tied because it is the City's
responsibility to provide traffic control.
C/Ury stated that the Commission is looking into
lowering the criteria, and needs to determine how
far to do so and remain realistic about it.
September 10, 1992 Page 6
Chair/Chavers requested staff to provide the
Commission with the pedestrian counts of the
existing locations with crossing guards, as well as
provide the previously met warrants, if that
information is available.
Motion was made by Chair/Chavers, seconded by C/Ury
and CARRIED UNANIMOUSLY to table the item to next
month to allow staff and the school districts an
opportunity to work together, collect data, and
share information so that they can bring back a
recommendation in regards to crossing guard warrant
criteria, maintenance of the existing guards, and
the potential of new crossing guards as the schools
see them.
AYES: COMMISSIONERS: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
Diamond Bar AE/Liu reported that the Commission approved red
Blvd./Fountain curbing the northerly curb of Fountain Springs Road
Springs between Diamond Bar Blvd. and Rising Star Dr. for
approximately 50 feet, and the installation of a
"One Way" sign in the median island on Diamond Bar
Blvd. as response to a possible visibility
restriction. The Commission also requested staff
to develop a "Right Turn Only" lane from the
southbound Diamond Bar Blvd. to Fountain Springs
Rd., and the relocation of the limit line currently
on Fountain Springs Road. It is recommended that
the Commission review the conceptual signing and
striping plan, as presented in the staff report,
from southbound Diamond Bar Blvd. to Fountain
Springs Road, and to direct staff as necessary.
Ken Anderson requested that the August 13, 1992
minutes be amended to indicate that the original
request was for 50 feet of red curbing "on the
southside". He stated that the southbound Diamond
Bar Blvd. bike lane and the "Right Turn Only" lane
do not coexist very well, and that he is not
anxious to have more traffic adjacent to his
property.
C/Beke pointed out that this design will not change
the through traffic patterns at all. It will
become an area of joint use.
C/Ury stated that he does not like the raised curb
in that particular area.
September 10, 1992 Page 7
C/Beke suggested striping the bike lane in a
definitive manner, to bring the stop bar out four
or five feet, and the median can be painted instead
of raised. The "Right Turn Only" lane shouldn't be
a problem. It could be designed the same as the
one at Diamopnd Bar Blvd. southbound at Golden
Springs.
AE/Liu, in response to C/Beke, stated that the only
thing that has been done is the red curbing on the
northside of Fountain Springs. Staff still needs
direction for the loading and unloading on the
southside of Fountain Springs. The owner of the
business complex, Dr. Cho, will be notified of the
Commission's final recommendation.
C/Ury requested staff to bring back the sketch,
that shows the limits of the striping, as a Consent
item.
Chair/Chavers clarified the direction to staff:
the bike lane would end on southbound Diamond Bar
Blvd., and the bicycles and right turn only would
share that facility; there is to be a painted
median on Fountain Springs Road, with the nose of
that painted median and an associated stop bar, out
five feet past the flow line; and then we would
continue the bike lane, as it is today, at the ECR
of Fountain Springs Road into southbound Diamond
Bar. Staff is to bring back a recommendation for
the southside of Fountain Springs.
Motion was made by Chair/Chavers, and seconded by
C/Beke to direct staff to take the information that
has been supplied, and come back with a sketch
showing the limits for the curb painting and the
striping for approval as a Consent item at the next
meeting.
AE/Liu, in response to VC/Gravdahl, explained that
the location of the red curbing, on the northside,
has been determined to start from the ECR, on
Fountain Springs, going 50 feet westerly, just
short of the fire hydrant.
Ken Anderson stated that having the red curbing
stop short of the fire hydrant adds is confusing.
Chair/Chavers directed staff to also bring back a
recommendation to possibly extending that red curb
on the northside, along with the recommendation for
the southside.
September 10, 1992
Page 8
The Commission voted on Chair/Chavers Motion.
AYES: COMMISSIONERS: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
The Motion CARRIED.
"No Parking" Motion was made by C/Ury, seconded by C/Beke and
sign on CARRIED UNANIMOUSLY to continue the matter as
Fallowfield Dr. recommended by staff.
& Pasco Court
C/Ury suggested that items, recommended by staff to
be continued, should be placed on the Consent
Calendar.
NEW BUSINESS:
Stop sign on
AA/Aberra presented the staff report regarding the
Prospectors Rd.
request made by the residents of Fall Creek
at Fall Creek
Condominium complex to install stop signs on
Condominium
Prospectors Road at the condominium complex
entrance. It is recommended that the Commission
deny the request because it was determined that the
priority of traffic flow shall be given for those
travelling on Prospectors Road since it is a major
collector. It is further recommended that the
Commission approve the installation of the side
road sign (W -7A) on Prospectors Road in advance of
the condominium entrance driveway.
C/Beke questioned the appropriateness of that
particular sign for this particular location.
Linda Thorn, residing at 338 Prospectors Road #71,
inquired why a stop sign cannot be installed. The
visibility is restricted, exiting the complex,
because of the blind curve.
Chair/Chavers explained that there must be a
minimum amount of vehicles on Prospectors, and a
minimum amount of vehicles entering and exiting the
driveway, within an hour, in order to warrant a
stop sign. The Commission will discuss possible
solutions to the visibility restrictions.
C/Beke suggested that the item be continued to next
month to look at the possibility of channelizing
the traffic away from the driveway, as was done for
Cimmarron Oaks on Golden Springs Drive.
September 10, 1992 Page 9
C/Ury, concerned with safety, suggested that the
item not be deferred, but that the Commission take
action, and make the recommendation. The signs
will probably be part of the solution, ultimately.
Linda Thorn, in response to Chair/Chavers,
indicated that she is not aware of any accidents,
but there has been a lot of near misses.
Motion was made by C/Beke, seconded VC/Gravdahl and
CARRIED to accept staff's recommendation to deny
the request to install stop signs and the W -7A
signs, and to direct staff to look at other signing
or channelization solutions to the problem.
AYES: COMMISSIONERS: Beke, Cheng, VC/Gravdahl,
and Chair/Chavers.
NOES: COMMISSIONERS: Ury.
ABSTAIN: COMMISSIONERS: None.
Sgt. Rawlings informed the Commission that Diamond
Bar recently purchased a "Parrot", a radar speed
trailer.
ITEMS FROM AE/Liu, in response to Chair/Chavers, stated that
COMMISSIONERS: staff has not received any response, from the
residents, in regards to the rumble strips placed
in the Summitridge area.
C/Beke stated his concern that there has not been
anything done to those intersections that have met
the warrants for signalization. The Commission had
recommended that at least one signal be funded
under the Capital Improvement Program.
Chair/Chavers requested staff to add this as a
Future Agenda Item for October 8, 1992, to include
the priority list, restating the warrant list.
C/Ury requested that the list also include those
intersections that were investigated, even if they
are not on the list.
ITEMS FROM Sgt. Rawlings informed the Commission that, for the
STAFF: first time in over a year, there was a traffic
fatality, last month, eastbound on Golden Springs
at Gateway Center Drive.
September 10, 1992
ADJOURNMENT:
Attest:
daverF-
Chairman
Page 10
Motion was made by C/Beke, seconded by VC/Gravdahl,
and CARRIED UNANIMOUSLY to adjourn the meeting at
8:50 P.M.
Respectively,
David G. Liu
Secretary
Hearing no testimony, the Public Hearing was
declared closed.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to accept staff's
recommendation to continue the application.
PUBLIC HEARINGS: AP/Searcy presented the staff report regarding the
request, by the applicant Diamond Development
TT Map No. 50519/ Company, to subdivide a 2.3 acre site into 36
DA No. 91-3/ individual ownership lots and three (3) common
DR No. 91-2/ lots, to construct a 36 condominium project, to
Zone Change 91-1 change the zone classification from C-1
(Restrictive Business) to Zone R-3 (Limited
Multiple Residence), and to enter into a
ossa or nTAMON& n nAE
MINUTES OF THE PLANNING COMMISSION
AUGUST 10, 1992
CALL TO ORDER:
chairman Flamenbaum called the meeting to order at
7:07 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF
The audience was led in the Pledge of Allegiance by
ALLEGIANCE:
Chairman Flamenbaum.
ROLL CALL:
Commissioners: Meyer, Grothe, Li, Vice Chairman
MacBride, and Chairman Flamenbaum.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Craig Fox, and Contract Secretary Liz Myers.
CONSENT CALENDAR:
Motion was made by VC/MacBride, seconded by
C/Grothe and CARRIED UNANIMOUSLY to accept the
Min. of July 27
Minutes of July 27, 1992, as presented.
CONTINUED
AP/Searcy presented the staff report regarding the
PUBLIC HEARING:
request, by applicant Russell Hand, for an
amendment to the CUP No. 89-528, and for a
CUP 89-528 &
Development Review to allow the development of a
DR 92-03
Burger King restaurant with drive through
facilities. The Planning Commission, at the July
13, 1992 meeting, directed staff and the applicant
to work on issues related to internal circulation,
pedestrian access between parcels, and a possible
revision to the foot print of the restaurant. The
applicant has submitted a tentative plan to staff,
however, the site plan has not been finalized, and
the project is not ready for presentation at this
time. The applicant has requested a continuance
for this project. Staff recommended that this
application be continued for two weeks to allow
staff time to review the plans and to provide
comment.
The Public Hearing was declared open.
Hearing no testimony, the Public Hearing was
declared closed.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to accept staff's
recommendation to continue the application.
PUBLIC HEARINGS: AP/Searcy presented the staff report regarding the
request, by the applicant Diamond Development
TT Map No. 50519/ Company, to subdivide a 2.3 acre site into 36
DA No. 91-3/ individual ownership lots and three (3) common
DR No. 91-2/ lots, to construct a 36 condominium project, to
Zone Change 91-1 change the zone classification from C-1
(Restrictive Business) to Zone R-3 (Limited
Multiple Residence), and to enter into a
August 10, 1992 Page 2
Development Agreement with the City. The public
hearing for this project was last before the
Planning Commission on June 22, 1992 as an 80 unit
senior citizen's condominium project. The
applicant has redesigned the project because, in
the interim, the General Plan has been approved by
the City Council, which changed the land use
designation of that property to a RIM (Low Medium
Residential), with a maximum density of 16 DU/Acre,
and because of the concerns of the Commission
expressed at the June 22, 1992 meeting. AP/Searcy
then reviewed the application analysis, as
presented in the staff report, which summarizes the
Vesting Tentative Tract Map/Land Use, the
Development Review, the Parking/Circulation, and
the Open Space/ Landscaping. Staff recommended that
the Planning Commission continue this project until
the applicant can provide the outstanding
information to staff for review and preparation of
conditions of approval if deemed appropriate.
The Public Hearing was declared opened.
Al Marshall, 4400 MacArthur Blvd., Newport Beach,
requested direction from the Commission regarding
any issues that need addressing. They are willing
to work out all conditions needed. He stated the
following: the staff report indicates public
laundry facilities, however, each individual unit
has it's washer and dryer connections provided; the
architectural theme is appropriate within the
community; the existing block wall will be heavily
landscaped, to include climbing vines, and the wall
will have a textured paint; they felt that guest
parking was adequately distributed; parking was not
included directly ahead, where the recreational
area is, because they felt it needed more greenery;
tried to maintain as much green open space as
possible; the four foot privacy walls, indicated in
the staff report, are actually retaining walls;
they didn't feel that security for guest parking
was an issue since the complex has only one
entrance and exit and is visible to the residents;
and they will address any mitigated negative
declaration.
Lydia Plunk, residing at 522 Durfee Dr., inquired
if there will be mitigation measures to handle the
added traffic.
Mr. Marshall stated that, since there is only a
1.08% increase in existing traffic, it is
negligible to this particular street.
August 10, 1992 Page 3
Hearing no further testimony, the Public Hearing
was declared closed.
Mr. Marshall, in response to C/Li's inquiries,
stated the following: the garages are 21 feet by
20 feet; and the guest parking is 9 feet by 19
feet.
Mr. Marshall, in response to C/Grothe's inquiries,
stated the following: there is a 6 foot block wall
separating this property from the surrounding
properties; there are existing sidewalks; the
street and sidewalk ends into the back of the
shopping center.
C/Grothe, noting that condominium associations
often battle with excessive parking on the street
and driveways, stated that there should be 20 or
more exterior parking spaces, distributed evenly
throughout the project. He requested to see the
specs on all of the materials on the building.
Mr. Marshall, in response to VC/MacBride's
inquiries, stated the following: there is a 24 foot
distance from the property line to the building,
with an additional 10 feet to the curb, on Golden
Springs; the porches are underneath the roofline;
there is a 15 foot distance from the back of
sidewalk to the building line, with an additional
10 feet to the curb, on Torito Lane; and the units
will be priced within the $140,000 range.
Chair/Flamenbaum stated that, for the record, the
Commission received a letter from Dr. Crowley. He
requested staff to verify the quantity of soil to
be moved is 6,000 cubic yards, as indicated in the
vesting tentative tract map.
Mr. Marshall stated that he would assume that the
6,000 cubic yards is the total amount of soil
moved, in which some of the dirt will be cleaned
and reutilized on site.
Chair/Flamenbaum made the following comments: the
trash containers may not fit into the garages,
especially with two cars; he prefers tile and
concrete as opposed to composite; he requested that
an elevation map be presented, from Torito Lane
looking over, with concern of building ,#6; he noted
that those living at building #5 and #6, especially
unit #23, will be effected by the traffic from
their driveway, and that trees may obstruct their
view of oncoming traffic; and there should be plans
August 10, 1992
Page 4
for mitigating runoff, collecting runoff, and solar
reflectivity.
AP/Searcy, in response to C/Meyer's inquiries,
stated the following: the applicant, as part of
their financing process and designing phase, has
requested a Development Agreement to lock in the
perimeters of the project; the grading plan can be
reviewed by the Commission, if so desired, but
primarily it is handled through the Engineering
Department at staff level; landscaping is a
separate issue, from the grading plans, and is
handled by the Planning Department and the Planning
Commission; the subdivision standards used by the
City is the County Title 21, as adopted by the City
Council in 1989; the perimeters of the Development
Review was established by the City Council in
February of 1990; the Development Review
requirements are broad, and are more a finding of
the compatibility with the existing neighborhood;
there is no monitoring program developed yet as
part of the mitigated negative declaration; the
City Engineer would probably use the traffic
impacts as identified in the traffic report
prepared for the 80 unit project and define the
perimeters that the mitigation program would
follow; normally, the mitigation monitoring program
is a part of an environmental impact report (EIR)
which is not standardly prepared for negative
declarations that have not had an EIR.
C/Meyer made the following comments: he supports
the zone change; he cannot comment on the
Development Agreement, without first knowing what
is in it; he needs more information from the
Engineering Department regarding the Tentative
Tract Map; most of the design effort of the project
seems to be driven from an economic standpoint; the
visitor parking may meet code but it is as non
runctionai as an off street p
is concerned with the lack
containers; he is concerned
circulation does not accommc
truck; he suggested vertical
sets to break up the mass o
common amenities needs to be
this project may invite p
buildings to rent out; the num]
is inadequate; the patio ar,
peripheral of the project and
and backs of buildings, and a.
communal gatherings; the circu
be designed to better accommod
movement, and be more pedestri
irking situation; he
:)f commercial trash
that the on site
date a large trash
and horizontal off
the building; the
further addressed;
irtnerships to buy
er of parking spaces
:as are set on the
look at block walls
-e not conducive for
lation system should
ate normal vehicular
an oriented; the set
August 10, 1992
Page 5
back on Torito Lane is minimal; the project should
be more geared for communal use; he is concerned
with units 128, & 129 will be subjected to any type
of recreational use; and he dislikes the dead end
driveways.
C/Grothe requested that the site plan include the
elevations to determine how this structure fits on
Golden Springs and Torito Lane, with the
surrounding structures in place. He also requested
that the pedestrian circulation be addressed so
that one does not have to walk down the middle of
the driveway.
VC/MacBride suggested that the existing
TransAmerica CC&R's be investigated.
Chair/Flamenbaum suggested that a communal facility
be added to the project, as well as a children's
playground. He suggested that building 13 and 14
be reversed to facilitate some of the pedestrian
concerns.
CD/DeStefano stated that staff has recommended that
the project be continued. Staff would like the
following specifics addressed: the reduction of
the trash enclosures, and it's location; a spanish
mediterranean architectural treatment may be more
appropriate; resolve the inconsistencies in the
vesting map drawings pertaining to the open space
area, the width of the driveways, and the size of
the units. Motion was made by C/Meyer, seconded by
VC/MacBride and CARRIED UNANIMOUSLY to accept
staff's recommendation to continue the application
at such time that the data requested by the
Planning Commission and staff is made available,
and can be brought back for the Commission's
consideration.
Chair/Flamenbaum, in response to Mr. Marshall's
inquiry if the Commission would be able to vote on
the zone change, stated that the Commission has
already indicated that we are amenable to a zone
change.
VC/MacBride suggested to Mr. Marshall that they
consider putting the entrance and exit to the
project at the easterly side of building 15.
Chairman/Flamenbaum recessed the meeting at 8:36
p.m. The meeting was called back to order at 8:44
p.m.
ZCA No. 92-02 CD/DeStefano reported that it is recommended that
August 10, 1992 Page 6
(Hillside discussion regarding ZCA No. 92-1 (Hillside
Management management Ordinance) be continued to the August
Ordinance) 24, 1992 meeting.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
Motion was made by VC/MacBride, seconded by C/Meyer
and CARRIED UNANIMOUSLY to continue the matter.
ZCA No. 92-03 CD/DeStefano reported that ZCA No. 92-3 (Commercial
(Commercial Manufacturing Zone Amendments) is a City initiated
Manufacturing request to amend certain provisions of Title 22 of
Zone Amend.) the Los Angeles County Code, as heretofore adopted
by the City of Diamond Bar, pertaining to the CM
Zone. Staff has provided the Commission with an
updated list of those uses that are desired to be
stricken, or added, from the CM zone, and those
desired to be relocated from the permitted use
category with a CUP category. Staff recommended
that this item be continued to the meeting of
August 24, 1992.
VC/MacBride inquired why the following items have
been excluded from the list: Trade Schools, as
indicated on page 151 and page 153; carbonization,
as indicated on page 155; and stadiums, as
indicated on page 154. He requested that staff to
give those items further consideration, and to
correct the phrase "Sone Products", as indicated on
page 155.
Chair/Flamenbaum requested staff to give the
following items further consideration: why are
parcel delivery terminals relocated but not parking
lots, as indicated on page 152; and why are
Recreation Clubs relocated, but not swimming pools,
tennis, etc., as indicated on page 154.
Motion was made by C/Meyer, seconded by C/Grothe
and CARRIED UNANIMOUSLY to continue the item to the
August 24, 1992 meeting, with clarification made to
those items mentioned.
INFORMATION: Chair/Flamenbaum informed the Commission that he
has received the following: the minutes and agenda
Commission of the Traffic and Transportation Commission; a
letter from Joseph C. Pilgrim, sent to Senator
Frank Hill, regarding his lot at 22927 Lazy Trail;
and an open invitation, to the League of California
Cities 94th Annual Conference, to those
Commissioners wishing to attend.
August 10, 1992 Page 7
CD/DeStefano informed the Commission that a
petition to referend the General Plan had been
received by the City Clerk.
ADJOURNED: Motion was made by VC/MacBride, seconded by
C/Grothe and CARRIED UNANIMOUSLY to adjourn the
meeting at 9:04 p.m.
Respectively,
/s/ JAMES DESTEFANO
James DeStefano
Community Development Director
Attest:
/s/ BRUCE FLAMENBAUM
Bruce Flamenbaum
Chairman
AM AN IMUAM 619
MINUTES OF THE PLANNING COMMISSION
SEPTEMBER 14, 1992
CALL TO ORDER: Chairman Flamenbaum called the meeting to order at
7:00 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Chairman Flamenbaum.
ROLL CALL: Commissioners: Meyer, Li, Grothe, Vice Chairman
MacBride, and Chairman Flamenbaum.
Also present were Community Development Director
James DeStefano, and Associate Planner Robert
Searcy
PUBLIC HEARINGS: CDD/DeStefano opened the public hearing and
reported that as a result of the ferendum filed
against the General Plan the City Attorney advises
all pubic hearing matters be continued to September
28, 1992. The commission continued all public
hearing agenda items to September 28, 1992.
INFORMATION: Discussion ensued regarding the General Plan
status, process and project review during the
period preceding the conclusion of the referendum.
ANNOUNCEMENTS: C/Flamenbaum announced a meeting at Brea Civic
Center on Wednesday, September 16, 1992, at 6:30
p.m. in Rm. A regarding 277 acres within Brea's
Tonner Canyon, up for a residential development.
28 additional acres may also be up for development.
ADJOURNMENT: Motion was made and CARRIED UNANIMOUSLY to adjourn
the meeting at 7:38 p.m.
Respectively,
/s/ JAMES DESTEFANO
James DeStefano
Secretary
Attest:
/s/ BRUCE FLAMENBAUM
Bruce Flamenbaum
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
SEPTEMBER 28, 1992
CALL TO ORDER: Chairman Flamenbaum called the meeting to order at
7:05 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Chairman Flamenbaum.
ROLL CALL:
Commissioners: Meyer, Grothe, Vice Chairman
MacBride, and Chairman Flamenbaum. Commissioner Li
arrived at 7:12 p.m.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Bill Curley, Deputy City Attorney Craig Fox, and
Contract Secretary Liz Myers.
CONTINUED
Chair/Flamenbaum questioned if the Planning
PUBLIC HEARING:
Commission is able to conduct public hearings since
the City does not officially have an operative
CUP 92-05 &
General Plan.
DR 92-02
CD/DeStefano explained that the City Clerk had
announced last Monday that the referendum petition
was invalid, therefore, the General Plan
automatically comes into effect, once again.
Chair/Flamenbaum asked the Deputy City Attorney if
the Planning Commission has notice to proceed.
DCA/Fox stated that, to his understanding, with the
City Clerk's determination, the City is obligated
to proceed.
AP/Searcy presented the staff report on Conditional
Use Permit 92-05/Development Review 92-02. The
project is an application for the removal of the
existing gas service station, to be replaced with
an AM/PM mini mart, selling both gas and alcohol
beverages. This public hearing was continued to
September 28, 1992 from the Planning Commission
meeting of September 14, 1992. The suspension of
the General Plan necessitated continuances of other
projects as well, which precede this project
application. Therefore, staff requested a
continuance of this application, to the meeting of
October 12, 1992, with the concurrence of the
applicant.
C/Meyer inquired if the applicant is in concurrence
with the continuance.
The applicant has concurred.
September 28, 1992
Motion was
VC/MacBride,
CUP 92-05/DR
1992.
Page 2
made by C/Meyer, seconded by
and CARRIED UNANIMOUSLY to continue
92-02 to the meeting of October 12,
Planned Sign PT/Lungu presented the staff report on Planned Sign
Program No. 92-01Program No. 92-01, located in the Sunset Village
Shopping Center at 1241 S. Grand Avenue. The item
was continued to September 28, 1992 at the
September 14, 1992 Planning Commission public
hearing, due to the suspension of the General Plan.
Staff is requesting that the item be continued to
the meeting of October 12, 1992, with the
concurrence of the applicant.
C/Meyer inquired if the applicant is in concurrence
with the continuance.
The applicant has concurred.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to continue Planned Sign
Program No. 92-01 to the meeting of October 12,
1992.
CUP 89-528 & AP/Searcy presented the staff report regarding the
DR 92-03 request on an amendment to Conditional Use Permit
89-528 and Development Review 92-03, to allow the
development of a Burger King restaurant with drive
through facilities. The item was continued by the
Planning Commission on the July 13, 1992 meeting.
Staff and the applicant have worked on the
following concerns raised by the Planning
Commission: parking and circulation; the trash
enclosure; the pedestrian access; signage; and
compliance with existing standards. The Planning
Commission's packet contains the revised site plan.
He then summarized the changes made, as well as the
changes suggested by staff, as indicated in the
staff report. It is recommended that the Planning
Commission approve the proposed amendments to CUP
89-528, DR 92-03 with the findings of Fact and
conditions as listed within the attached
resolutions.
C/Meyer made the following suggestions: if the
island, and the sidewalk, is to be removed, then
some of that area should be turned into landscaping
so as to give a visual designation of where the
drive approach should be; widen the planter to 3
1/2 feet, to serve the dual purpose of a wheel stop
and reduce the amount of impervious material by
increasing the landscaping; include stamp concrete
at the stop area for the drive through where it
September 28, 1992 Page 3
intersects with drive out to Brea Canyon to
encourage stopping at that point; and use a heavy
metal gate, with metal decking, on the trash
enclosure.
AP/Searcy, in response to C/Meyer's inquiry
regarding signage, explained that signage for this
project was approved as a MacDonald's restaurant,
but it is now being revised by the applicant, and
reduced on the MacDonald's site. Additionally, the
freeway oriented sign, approved with 480 square
feet of signage, is now being proposed at
approximately 336 square feet. The applicant is
also revising the aesthetics of the sign by
removing a canopy. The signing program approved
originally complied with the code requirements in
effect at that time.
C/Meyer inquired if the original approval exceeds
the current standards, since the sign ordinance has
subsequently been modified.
AP/Searcy stated that the monument sign, located
adjacent to the median on Grand Ave., with a 10 x
10 foot facia on top of a two foot pedestal would
not be approved under the existing code without a
variance. The maximum square footage is a 72
square foot monument sign. The address numbers on
the free standing signs, and on the buildings, will
be included to concur with the existing sign
ordinance.
C/Meyer suggested that, if this project is
approved, it would be appropriate to have those
additional types of conditions specifically
included in the Resolutions.
VC/MacBride inquired why the medians on Grand Ave.
should be removed.
AP/Searcy explained that one of the requirements of
the Fire Department is that there be 26 feet of
unobstructed driveway aisle. However, staff did
not receive a definitive response from the Fire
Department, therefore, staff and the applicant
sought to preclude any problems that may follow, by
removing the medians to comply with the
requirements of the LA County Fire Department.
VC/MacBride indicated that he was under the
impression that the 26 foot requirement is for
traffic in both direction. He requested staff to
verify the requirement before making the decision
to remove the median.
September 28, 1992 Page 4
C/Meyer also noted that the driveway is too wide.
The median would have to go out to the curb face
because the Road Department specifies that it can't
be over 30 feet.
Chair/Flamenbaum inquired why the concrete
sidewalk, coming from the east down to the Burger
King, has to be eliminated.
AP/Searcy stated that the City Engineer has
determined that the grade differential, from Grand
Ave. to that point of ingress, is such that the
sidewalk would not comply with the UBC requirement
for grade change, whether or not there are steps,
or a landing.
The Public Hearing was declared opened.
Charles Cobb, the Burger King franchisee, stated
that he does not have any problems with the
suggested changes made by staff. He made the
following responses to Chair/Flamenbaum's
inquiries: he would not object to reducing the 44
foot width of the driveway; he will ask his
engineer to consider some sort of walkway coming
from the east down to the Burger King; he has no
problem with adding pavers by the stop area at the
drive through exit; and he does not object to using
a metal gate for the trash enclosure. He then
inquired if the actual square footage for the
freeway oriented sign has been reduced from what
was approved for MacDonalds.
AP/Searcy stated that the freeway oriented sign
submitted in the plans is reflected in the staff
.report as a reduction from 480 square feet to 330
square feet. Staff concurs with the sign as
proposed in these plans.
Charles Cobb stated that they had not intended to
reduce the sign, and requested that they be allowed
to maintain the same size of the previous sign
originally approved for MacDonalds.
AP/Searcy explained that the sign approved
specifically for MacDonalds was a 100 square foot
monument sign at the entrance on Grand Ave. This
sign, that is submitted for the freeway oriented
sign, was a sign approved for the whole center,
which was 480 square feet that would have listed
the car wash, the Honda, and the then MacDonalds.
The car wash has been omitted from the sign.
September 28, 1992 Page 5
Charles Cobb stated that the car wash had indicated
that they were not interested in having a freeway
oriented sign. Mr. Hand assumed that the total
amount of signage would then be able to be split
between the Honda Dealership, and Burger King.
They would like to be able to take advantage of the
480 square foot sign previously approved. The sign
would sit on the overall parcel of land that has
been subdivided.
Chair/Flamenbaum, noting that the present plans
indicate a completely different sign than what is
now suggested, explained that the Planning
Commission would have to continue the meeting in
order to allow the applicant to resubmit a revised
sign plan.
C/Meyer stated that the freeway sign is an off site
sign, and off site signs are not usually permitted.
It is a standard requirement to advertise your
business on the same parcel of land on which it is
constructed. The land that the sign is on can be
sold individually to another land owner.
AP/Searcy noted that the lot cannot be developed
with anything else other than that sign per the
existing CUP. Staff would concur with the sign as
submitted in these plans.
CD/DeStefano advised that if the applicant desires
a larger sign than what is presently before the
Commission, then the applicant should suggest that
this matter be continued to the next meeting for
discussion of the merits of the applicant's desired
signage.
Charles Cobb stated that he would prefer the
Commission to proceed, and that he withdraws his
earlier comment.
Chair/Flamenbaum inquired if there was any
discussion about reducing the surface area of the
parking lot, it's material, and reflectivity.
AP/Searcy stated that there was no specific
discussion. Because of the increased sidewalk, and
the driveway aisles, to comply with fire department
standards, the overall landscaping was reduced in
some areas. The entrance to the site on Grand Ave.
has been revised, reducing the landscaping in that
area, as well. However, deleting the concrete
sidewalk, and narrowing the entrance, would
increase the landscaping once again. This is the
September 28, 1992 Page 6
most landscaping staff thought possible, and still
have it comply with standards.
Hearing no further testimony, the Public Hearing
was declared closed.
C/Grothe made the following comments: there should
be an entrance statement made on Grand Ave.; he
doesn't like the sidewalk pedestrian circulation
plan, with sidewalks leading nowhere; the sidewalk,
on the southside nearest the car wash, should be
removed; there should eventually be a sidewalk that
will lead to the proposed car wash; there should be
pavers at the stop sign; the pavers throughout the
project will help slow down people; and he is
concerned that the lighting on the drive through
aisle is minimal on the backside of the building.
C/Meyer made the following comments: he concurred
with a need for an entry statement, and the removal
of the median; heavy landscaping should be used to
clearly define the driveway; the Resolution of
approval should indicate the land use generically
rather than specifically naming Burger King; the
drive approach should be reduced; the trash
enclosure gate should be metal; the signs, on Grand
Ave. and Brea Canyon, should have addresses; and
there should be some sort of a restriction made in
terms of the off site signage whereas the signs
should only advertise those businesses that are on
the parcel. Though the original concept of this
project was to advertise the center, it no longer
does so, but rather now advertises two businesses,
both off site.
C/Grothe stated that he would like to specifically
exclude the lot, that the sign sits on, from the
approval, because, to his recollection, the
existing CUP does not preclude any type of
development on that lot.
DCA/Curley explained that the design of the
original Resolution contemplated ultimate
development, however, it was precluded without
coming back and doing a CUP amendment. The signing
issues would get tied into whatever land use was
being allocated to that remaining site.
C/Grothe stated that, if the parcel numbers that
can be advertised are to be spelled out, then he
would like that particular parcel number excluded
so as to avoid it turning into a billboard with 12
tenants listed. The sign was to advertise just the
three major tenants.
September -28, 1992 Page 7
VC/MacBride concurred with the following: there
should be a condition that deals with the concerns
regarding this off site sign; there may need to be
an additional lighting standard; and the trash
enclosure gate should be made of solid metal with
metal decking rather than of wood.
C/Grothe suggested that the lighting condition in
the Resolution be amended to read "minimum" instead
of "average".
Chair/Flamenbaum suggested that there be a
condition added indicating that every effort should
be made to install and maintain some sort of
sidewalk from Grand Ave. down to the restaurant
area.
C/Grothe suggested that the applicant be asked to
maintain about 4 feet of flat, mowed, grass
landscaping next to the curb as an alternative if
the sidewalk cannot be achieved.
Motion was made by C/Meyer, seconded by C/Grothe
and CARRIED UNANIMOUSLY to direct staff to prepare
the Resolutions of Approval for CUP 89-528 and DR
92-03, .incorporating all the issues that remain
outstanding, and all the conditions as stated by
the Commission, to be brought back to the next
meeting for the Commission's consideration.
Chair/Flamenbaum recessed the meeting at 8:22 p.m.
The meeting was reconvened at 8:40 p.m.
DR 92-04 PT/Lunge presented the staff report regarding the
request by the applicant, Food -4 -Less and Landsing
Pacific Fund, for Development Review approval to
remodel the exterior of Alpha Beta and Shop
Building 14, located in the Country Hills Towne
Center. She presented a slide show of the partial
remodeling done to the shopping center in April of
1988, and reviewed the currents plans for the
proposed remodeling of the Alpha Beta and Shop
Building 14, as indicated in the staff report. It
is recommended that the exterior remodeling of the
shops be completed at one time, not in two phases
as indicated by the applicant. Staff recommended
that the Commission approve DR No. 92-04, with the
Findings of Fact and conditions, as listed within
the attached resolution.
CD/DeStefano stated that, upon the detailed review
of the resolution, by the City Attorney, staff has
provided a modified resolution for the Commission's
consideration. The modified resolution clarifies
September 28, 1992 Page 8
some of the legal aspects of the resolution, and
does not significantly change any of the conditions
of approval outlined.
The Public Hearing was declared opened.
Bart Porter, representing Food -4 -Less and Landsing
Pacific Fund, stated that they agree to do the
exterior remodeling of the Alpha Beta, the shops
located at the south side of Alpha Beta, facing
Diamond Bar Blvd., and the shops facing Cold
Springs Lane, as indicated in their plans, and they
do not intend to phase the project, as was
indicated by staff. He requested that condition
5.(c) be amended because they do not plan on adding
awnings to the whole center.
Hearing no further testimony, the Public Hearing
was declared closed.
Motion was made by C/Meyer, and seconded by
C/Grothe to approve DR No. 92-04, with the Findings
of Fact and conditions, as listed within the
Resolution, changing condition 5.(c) to indicate
that "The Applicant shall not add awnings to all
existing towers to match the proposed tower with
awnings.,,.
C/Grothe suggested that the applicant be asked to
provide the City with a circulation study and an
entrance study, with suggestions made as to what
can be done to improve the entrance into the Towne
Center.
Chair/Flamenbaum pointed out that it may be more
appropriate to request such a study as part of the
next application, rather than from a request for an
interior/exterior remodeling project.
PT/Lungu reported that the applicant has proposed
flat tiles, on the roof facing Cold Springs Lane,
and s -shaped tiles for the roof facing Diamond Bar
Boulevard.
Chair/Flamenbaum declared the Public Hearing open
to allow the applicant an opportunity to respond.
Bart Porter explained to the Commission that the
owners are not financially capable of installing s -
shaped tiles throughout the project, at this time.
Cyrus Jilari, of Ridell Corporation, explained that
it is not just a matter of replacing the tiles for
the shops located at the south side, but that the
September 28, 1992
ZCA No. 92-02
Page 9
whole roof would have to be removed. He stated
that it would be more economically feasible to
leave the mansroof as it is currently.
C/Grothe stated that he would prefer that the
center have the same appearance throughout.
Bart Porter indicated that the owners would not be
able to do the remodeling if such a condition was
requested..
Hearing no further testimony, the Public Hearing
was declared closed.
The Commission voted upon C/Meyer's Motion to
approve DR 92-04, with the Findings of Fact and
conditions, as listed within the Resolution,
changing condition 5.(c) to indicate that "The
Applicant shall not add awnings to all existing
towers to match the proposed tower with awnings.',.
AYES: COMMISSIONERS: Meyer, MacBride, and
Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe and Li.
ABSTAIN: COMMISSIONERS: None.
The Motion CARRIED.
Zoning Code Amendment No. 92-02 (Hillside
Management Ordinance): Continued from September 14,
1992.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
CD/DeStefano introduced Horst Shorr who is engaged
by the City to rewrite the existing Hillside
Management Ordinance, incorporating landform
grading techniques.
Horst Shorr gave a slide presentation comparing
traditional grading techniques to landform grading.
Landform grading and proper revegetation is used to
mimic nature with a variety of swales and
ridgelines. It is a more aesthetic approach to
Hillside Developments that is becoming more
Popular, and requires both the Planning and
Engineering Department to work together. In
response to Chair/Flamenbaum, he indicated that he
would be willing to make suggestions to help
landscape existing slopes, such as at the Gateway
Corporate Center, so that it is more aesthetically
pleasing.
September 28, 1992
Page 10
Status of AP/Searcy reported that the item will be brought
Fence/Wall Policyback for the Commission's consideration in 30 days.
ANNOUNCEMENTS: C/Li, explaining that he has received some
complaints from general public contractors?
Commission suggested that a
part time, or a temporary
assistant, be hired to help alleviate the numerous
applications coming before the Planning staff.
CD/DeStefano explained that, because of the
referendum, there is a back log of applications.
The City does utilize the help of contractors on
certain projects, when needed. The City,
presently, does not have the funds to hire City
staff.
Chair/Flamenbaum stated his concern that there is
Poor communication between the Commission and the
City Council on issues pertaining to the City.
C/Li suggested that the Commission make a
recommendation to the City Council that there needs
to be a method of improving the line of
communication.
Motion was made by Chair/Flamenbaum, seconded by
C/Grothe
and CARRIED UNANIMOUSLY to continue the
matter to the meeting of October
12, 1992.
ZCA 92-03
CD/DeStefano stated that it is recommended that ZCA
92-03 be
continued to October 12, 1992.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY
to continue the matter to
the meeting of October 12, 1992.
OLD BUSINEss:
PT/Lungu presented the staff report regarding the
Commission's
Planning
request for Policy No. 92-1, dealing
with the distance between
Commission
Policy No. 92-1
a main structure
pool/spa. It is recommended that the Commiand a
ssion
approve Planning Commission Policy No. 9Com
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED
UNANIMOUSLY to approve Planning
Commission Policy No. 92-1.
INFORMATION:
Status of AP/Searcy reported that the item will be brought
Fence/Wall Policyback for the Commission's consideration in 30 days.
ANNOUNCEMENTS: C/Li, explaining that he has received some
complaints from general public contractors?
Commission suggested that a
part time, or a temporary
assistant, be hired to help alleviate the numerous
applications coming before the Planning staff.
CD/DeStefano explained that, because of the
referendum, there is a back log of applications.
The City does utilize the help of contractors on
certain projects, when needed. The City,
presently, does not have the funds to hire City
staff.
Chair/Flamenbaum stated his concern that there is
Poor communication between the Commission and the
City Council on issues pertaining to the City.
C/Li suggested that the Commission make a
recommendation to the City Council that there needs
to be a method of improving the line of
communication.
September 28, 1992 Page 11
Chair/Flamenbaum stated that he will draft a
letter, for the Commission's consideration at the
next meeting.
Staff CD/DeStefano reported that staff is currently
providing the City Manager with an occasional
memorandum, that summarizes new and on-going
projects. This memorandum can be provided to the
Commission, if so desired. A sub -committee could
also be developed that would preview, with the City
Council, larger projects, code amendments, etc.,
and report back to the full Commission.
ADJOURNMENT: Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to adjourn he meeting at
10:40 p.m.
Respectively,
Jas DeStefano
Secretary
Attest:
Bruce Flamenbaum
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
OCTOBER 12o 1992
CALL TO ORDER:
Chairman Flamenbaum called the meeting to order at
Air Quality Management
7:05 p.m. at the South Coast
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
The audience was led in the Pledge of Allegiance by
PLEDGE OF
ALLEGIANCE:
Chairman Flamenbaum.
Commissioners: Meyer, Grothe, Li, Vice Chairman
ROLL CALL:
MacBride, and Chairman Flamenbaum.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Deputy City
Assistant City Attorney Bill Curley,
Contract Secretary Liz
Attorney Craig Fox, and
Myers.
CONSENT CALENDAR:
CDD/DeStefano recommended that approval of the
1992 be postponed to the
Minutes of September 14,
meeting because a copy of those minutes were
Minutes of
next
included in all of the Commissioner's packets.
Sept. 14 & 28,
not
The Commission concurred.
1992
Motion was made by C/Meyer, seconded by C/Grothe
the Minutes of
and CARRIED UNANIMOUSLY to approve
September 28, 1992, as presented.
OLD BUSINESS:
CDD/DeStefano requested the City Attorney to give
the issues pertaining
the Commission an update on
CUP 89-528 and
to the referendum petition.
DR 92-03onents
DCA/Curley reported that the proponents of the
against the
referendum petition have brought suit
to get a temporary
City, and are attempting
order seeking to preclude some or all
restraining
issuance of building permits. As the matter
that the City
proceeded, it was finally stipulated
act under Ordinance No. 4, the emergency
would
ordinance in place that mimics the OPR extension
the resolutions
that the City had. Therefore,
approved tonight will be amended, to reflect the
findings that are set forth in Ordinance No. 4.
CDD/DeStefano explained that Ordinance No. 4
(1992), which was adopted by the City Council in
September, contains two clauses: (1) the
Commission's approval action must include a finding
that the project is consistent with the General
Plan; and (2) the Commission's approval action must
include a finding that there is a substantial
probability that the project will not be
detrimental to, or interfere with, the adopted
General Plan. Therefore, the City can proceed with
every project on tonight's agenda, and with all of
the projects contemplated for the next several
meetings. Staff will await further direction from
October 12, 1992 page 2
the City Attorney's office, and/or the courts, on
the referendum issue.
AP/Searcy presented the staff report regarding the
request for approval to amend existing Conditional
Use Permit 89-528 and Development Review 92-3. The
applicant is requesting to construct a new Burger
King Restaurant with drive-through facilities.
cilit a •the
revised site plan has been p p
applicant, which takes into account the concerns
expressed by the Commission at the last public
hearing. However, staff feels that the following
items have not been adequately addressed: the
concrete sidewalk, on the site that borders the
carwash, still remains, and has not been changed to
landscaping, as was directed; staff does not feel
that the indicated pedestrian access from Grand
Ave.he
, to the carwash, is possible because of the
grade elevation; and the concerns regarding
entrance to the site have not been addressed.
These outstanding issues have not yet been reviewed
by the City Engineer. It is recommended that the
Commission approve Resolution 92-18, Resolution 92-
19, Development Review 92-3, and amendment CUP
89528, with the listed conditions, and with
direction that the applicant conform the site plan
an
to the conditions and directions given by
Planning Commission. AP/Searcy then read the
following corrections, as presented by the City
Attorney, to the Findings of Fact, of the draft
Resolutions: part B, Resolution, item 3, of
Resolution .92-18 and 92-19, will read, "The
Planning Commission hereby specifically finds and
determines that, having considered the record as a
whole, including the findings set forth below, and
the changes and alteration which have been
incorporated into and condition upon the proposed
project set forth in the application, there is no
evidence before this Planning Commission that the
project proposed herein will have the potential for
adverse affect on wildlife resources or the habitat
upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission
hereby rebuts the presumption of adverse affects
contained in section 753.5d of Title 14 of
California Code Regulations."; item 5, of
Resolution 92-18 and 92-19, will read, "Based on
the findings and conclusions set forth herein, this
Commission, in conformance with ordinance No. 4
(1992), of the City of Diamond Bar, hereby solution
finds as
follows:"; item 5, subsection (a),
92-18 and 92-19, will remain the same but
subsection (b) will now read, "Substantial evidence
exist, considering the record as a whole, to the
October 12, 1992 page 3
project as proposed and conditioned herein, will
not be detrimental or interfere with the adopted
General Plan."; and item 8, of Resolution 92-19,
and item 6 of Resolution 92-18, is to be deleted
because it is a California Code procedure that is
only, applicable at the City Council level, and not
at the Planning Commission level.
C/Grothe stated that he would prefer that either
the City Engineer review the project before the
Commission condition the project, or condition the
project that approval has to be obtained from the
City Engineer. He then stated that since the
concrete sidewalk, on the site that borders the
carwash, now leads somewhere, it can remain. He
also stated that he would like to have a 1 foot
candle as a minimum lighting level on the site.
C/Meyer made the following comments:
the
Commission need only provide direction,
from
and
policy standpoint, that a "landing be creat
the specifics can be left to the City Engineer;
there needs to be a condition attached to thelot,
restricting the off site sign; and specific
reference to the name of the fast food
establishment, as indicated in Resolution Should
item 5, under Planning Division Conitions,
be eliminated, and referred to generically.
C/Grothe requested staff to review the original
conditions of approval because he was under the
impression that one of the original
leconditions
was ft vacant, was
that any one of these three lots,
too be landscaped.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to approve Resolution 92-
18, as amended by staff.
DCA/Curley, in response to C/Meyer's concern for
the off-site sign, stated that he is comfortable
with the way it is presently conditioned.
Motion was made by VC/MacBride and seconded by
C/Grothe to approve Resolution 92-19, as amended by
staff, and with the following proviso: the
applicant shall provide a lighting plan, which
provides for a minimum of 1.0 foot candles over the
entire parcel; the applicant shall provide the City
with drawings for the Grand Ave. entrance,
incorporating the driveway entrance, the "flat"
landing area, and the sidewalk area, to be designed
pursuant to the approval of the City Engineer; and
October 12, 1992
NEW BUSINESS:
Page 4
that the words "Burger King" be deleted and
replaced by the word "fast food".
C/Meyer stated that he would prefer that the
project be conditioned to be adequately lighted for
security measures, to be approved by the Sheriffs
Department and the City Engineer, as opposed to
arbitrarily requiring 1.0 foot candle. C/Li
concurred.
C/Grothe stated that ordinances, in other cities,
are usually written requiring either an average
foot candle, usually higher than the 5.0 foot
candle range, across the lot, or to have a minimum
foot candle, which is what he prefers. He stated
that staff could be requested to review ordinances
from other cities, and bring back an appropriate
study at the next meeting.
Chair/Flamenbaum proposed that the conditioneither
be changed to adequate lighting, or request
the
City Engineer to come up with an appropriate
standard because he is not able to quantify 1.0
foot candle.
C/Meyer inquired if the applicant feels that a 1.0
foot candle across the entire site can be achieved.
Charles Cobb, representing the applicant, stated
that their engineer has indicated that he feels
that 1.0 foot candle can be achieved.
The Commission voted on the Motion made by
VC/MacBride and seconded by C/Grothe to approve
Resolution 92-19, as amended by staff, and with the
following proviso: the applicant shall provide a
lighting plan, which provides for a minimum of 1.0
foot candles over the entire parcel; the applicant
shall provide the City with drawings for the Grand
Ave. entrance, incorporating the driveway entrance,
the "flat" landing area, and the sidewalk area, to
be designed pursuant to the approval of the City
Engineer; and that the words "Burger King" be
deleted and replaced by the word "fast food". a n d
AYES: COMMISSIONERS: Li G r o t h e,
VC/MacBride, Meyer
NOES: COMMISSIONERS: Chair/Flamenbaum.
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None.
The Motion CARRIED.
CDD/DeStefano stated that Hardy Strozier, of the
Planning Associates, would present the proposed the
October 12, 1992 page 5
South Point South Point Master Plan, an area of about 170
Master Plan acres, generally located north of Pathfinder, and
Project west of Brea Canyon Road. The City encouraged the
developers, who had indicated an interest,
beginning last year, to develope a master plan, in
order to process their projects to the City. The
City has hired Hardy Strozier to provide the
overall project management, coordination and
consultation to the City.
Chair/Flamenbaum recessed the meeting at 7:52 p.m.
to allow the Commission time to review the
displayed graphics of the project.
Chair/Flamenbaum reconvened the meeting at 8:10
p.m.
Hardy Strozier, of the Planning Associates,
outlined the proposal for the South Point Master
Plan Project. During the course of his
presentation, Mr. Strozier outlined the master plan
alternatives, utilizing the displayed graphics. He
stated that all State and School District permits
have been approved, including the certified EIR.
However, there may be additional permits required
from the Fish and Game Department of the State of
California, and the U.S. Army Corp of Engineers,
regarding filling operations in Sandstone Canyon.
He then reviewed the development proposal as
follows: a 30 acre South Point Middle School site;
a 40 acre Arciero single family residential tract
(132400), for 93 lots, with an average minimize
size lot of 7,200 sq. ft.; a 48 acre RNP
residential subdivision tract (151407), for 92
lots, with a minimum size lot of 5,000 sq. ft.; a
30 acre commercial site that would have 10 to 15
acres of property transferred to the City as part
of a development agreement and vesting transaction
between these developers; a 26 acre park site
dedicated and transferred to the City, from the RnP
development interest, in which the City would be
granted about 10 acres of usable park area; a
transferring of approximately 2 acres of land,
known as Larkstone Park, from the City to the
School District for South Point School purposes; an
acquisition, of the City, for approximately 4 acres
of Water District land; there is 6 acres of
City/County right-of-way, that would be part of a
transfer to Arciero, RnP, and the City's commercial
interests; and the proposed project entitlements
entails a development agreement, a zone change, a
Master Development Plan, and perhaps a CUP for
Hillside Management. He then summarized the four
alternatives, to the proposed development, as
October 12, 1992 page 6
submitted to the Commission. The difference
between the alternatives relates to the land use
potential in the commercial site, the linkage to
the South Point Middle School, the through access
of Larkstone Drive, the amount of usable park
acreage, and the position, on the site, of the
permanent South Point Middle School. Mr. Strozier
stated that their objective is to present this
proposal to the Planning Commission, for review, in
November of 1992, and to the City Council by
January of 1993.
Chair/Flamenbaum inquired if, from an engineering
standpoint, various portions of the project can be
extricated so that if there is a problem with the
blue line stream, South Point School can still move
the dirt to the Arciero property without impacting
the blue line stream.
Hardy Strozier explained that the objective is to
move this request through the Commission to the
City Council as a total Master Plan application, as
was submitted by the property owners. The project
is inextricably tied together by it's master plan
of grading, and it's master plan of land exchanges.
Hardy Strozier, in response to a series of
Commission inquiries, made the following comments:
The Walnut Unified School District is desirous to
move the stockpile of dirt, and negotiate a land
transaction now owned by the City of Diamond Bar;
the City wants to facilitate a master plan for the
15 acre commercial site, and the 15 acre park area;
RnP is desirous to develop 92 lots, with a land
trade of City property to school property; Arciero
want to develop 93 lots, and obtain land from the
City for the would be excess right-of-way; there is
not yet an application, before the City, by Mr.
Patel, but it is anticipated that he will soon file
a subdivision map; there has not been any comment
made from the environmentalists regarding Sandstone
Canyon; the School District officials, and the City
of Diamond Bar feel that Larkstone Drive should not
be a through road; the Master Plan Project will
comply with the Hillside Ordinance; and this
project will be presented to the Parks and
Recreation Commission for their input to the
passive/active recreation area.
Chair/Flamenbaum recessed the meeting at 9:07 p.m.
The meeting was reconvened at 9:25 p.m.
CONTINUED CDD/DeStefano presented the staff report regarding
October 12, 1992
Page 7
PUBLIC HEARING: the request, by the applicant Brilliant Signs,
Inc., to develop a Planned Sign Program for the
Planned Sign Sunset Village, located at 1241 S.Grand Avenue.
Program No. 92-1 Staff presented slides, during the staff report, of
the variety of.signs presently existing at the
commercial shopping center. It is recommended that
the Commission approve the Planned Sign Program,
the Findings of Fact, and conditions as listed
within. the attached resolution. One of the
conditions listed is that the Commission approve
not only Exhibit "A", the applicants proposal, but
also Exhibit "A-111, which is the modifications
outlined by the City staff.
Barbara Cohen, with Brilliant Signs, inc., stated
that the landlord would like to build a canopy, and
extend the fascia to make room for three signs.
The applicant is willing to make any changes deemed
appropriate.
AP/Searcy, in response to C/Meyer's inquiry, stated
that staff sought to allow the applicant to put one
sign on the fascia, that would be centered, and
then two additional signs located under the canopy,
so that it is more compatible with the rest of the
fascia in the center.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
Following discussion, the Commission concurred that
the design of the sign needs to be more consistent
with the prevailing style of the center.
Chair/Flamenbaum requested the following: the
words "the Orange city code", on page 3, of Exhibit
"A", item E. l.a., should be changed to read "the
Diamond Bar city code."; and item H.2, Immoral or
Unlawful Advertising, on page 5, Exhibit "A",
should be deleted.
DCA/Fox explained that the document expresses
liability and obligations between tenants and
landlords. The City's approval is simply to the
concept, and not to what the landlord confines the
tenant to.
AP/Searcy stated that staff suggests that the
reference reading," allowing this to extend for a
period of five years", should be omitted.
Motion was made by C/Meyer, seconded by VC/MacBride
October 12, 1992 page 8
and CARRIED UNANIMOUSLY to approve Planned Sign
Program No. 92-1, subject to the deletion of the
five year term, as indicated by staff, and that
page 8, of the applicants submittal, be changed to
provide for "a maximum 30 inch high parapet on top
of the existing fascia, constructed of similar
material that would accommodate at least two signs,
and would provide for the total of three signs,
within the area that they have designated." The
special condition in Exhibit "A-111,, subsection 1,
that reads, "Wall signs for units E & G, shall
share the angled fascia centered vertically and
horizontally and not exceed 80% of the angled
fascia length.", should be deleted.
CUP 92-5 Chair/Flamenbaum stated that, because he leases
DR 92-2 space in the adjacent building to this project, he
will abstain from discussion and voting of this
item.
Chair/Flamenbaum left the auditorium at 10:00 P.m-
AP/Searcy presented the staff report regarding the
request, by the applicant Gary Simning, for
approval to demolish the existing Arco gasoline
service station, located at 3302 S. Diamond Bar
Blvd., and to construct a new 2,700 square foot, 24
hour AM/PM mini -mart. The proposed convenience
store use will sell gasoline and miscellaneous
products, including the sale of beer and wine for
off-site consumption. The .89 acre site is in the
Commercial Planned Development Zone (CPD). The
Development Review application is required for all
new commercial construction to determine
architectural compatibility. He reviewed the
application analysis, as presented in the staff
report. It is recommended that the Commission
approve the Conditional Use Permit No. 92-5,
Development Review No. 92-2, Findings of Fact and
conditions as listed within the attached
Resolutions.
C/Meyer noted that the Sign ordinance may be too
restrictive since most sign plans or programs,
before the Commission, have some sort of exception
to the existing code.
AP/Searcy, in response to C/Meyer, stated that, to
assure that the lot line adjustment would not
create a burden to the existing office building and
create a deficient parking standard, staff required
them to turn in plans for both project sites. The
completion of one project should dictate the other.
October 12, 1992 page 9
C/Meyer stated that one of the conditions of
approval should require that the underground tanks
be removed in the event that the service station
use is abandoned for six months.
C/Grothe stated that the signs on the new building
ought to conform to the Sign Ordinance. He also
objected to the compact parking stalls.
The Public Hearing was declared opened.
Gary Sinning, representing Atlantic Richfield, gave
the following responses to the Commission's
comments: even though the size of the monument
sign deviates from the City's standards, it is
required by State Law, and is not an option; there
is only one sign on each side of the building,
which is in conformance to the Sign Ordinance; Arco
will be reconfiguring the parking lot, and the work
on the parking lot will be completed prior to
beginning construction; and, as a matter of policy,
we remove the tanks within 6 months, but we will
not object to have that as one of the conditions.
C/Li inquired how much tax, this proposed project,
will generated to the City.
Gary Sinning stated that it is estimated that this
new facility will generate approximately $50,000 a
year in taxes, to the City, which is an increase of
about $30,000 a year.
C/Meyer suggested that the trash enclosures would
be better located more internally within the
project site, as opposed to locating it near the
drive approach.
Gary Sinning stated that the applicant is willing
to locate the trash enclosures internally, as so
indicated on the original submittal. In response
to c/Meyer's inquiry, he stated that the owner of
the adjacent office building prefers the
landscaping, over the block wall.
Hearing no further testimony, the Public Hearing
was declared closed.
AP/Searcy pointed out that the City Engineer
requires a contribution to traffic mitigation
programs. This will probably be a forthcoming
requirement for this project as it goes through
plan check.
October 12, 1992
Page 10
Motion was made by C/Meyer, seconded by C/Li and
CARRIED to recommend approval of the Resolution for
Development Review 9-02, subject to Ordinance No.
4. Chair/Flamenbaum abstained.
Motion was made by C/Meyer, seconded by C/Grothe
and CARRIED to approve Resolution 92-22 for CUP 92-
5, subject to Ordinance N0.4, and with the addition
of condition #12 to indicate that, "If the project
is abandoned for more than 180 consecutive days,
that all underground vessels would be removed from
the site.", and condition #13 to indicate that "The
traffic impact fees, as per the negative
declaration, would be paid as required by the City
Engineer." Chair/Flamenbaum abstained.
Chair/Flamenbaum returned to the auditorium at
10:22 p.m.
ZCA 92-2
CDD/DeStefano presented the staff report. Pursuant
Planning Commission
to comments received from the
hearings and additional staff
Hillside
Management
at previous public
analysis, a revised Hillside Management Ordinance
Ordinance
is attached for the Commission's consideration.
been with the
The revised ordinance has prepared
assistance of Mr. Horst Schorr, acting as the
City's consultant to the development of this
project. Content changes from the Interim
Ordinance are redline to identify new material, and
strikeout to identify deletions. A revised slope
density formula and graphic is provided, as well as
further explanations of text through the use of
graphics. It is recommended that the Commission
review and adopt the attached Hillside Management
Ordinance.
Chair/Flamenbaum inquired if the consultant Horst
Schorr likes the Ordinance.
VC/MacBride made the following corrections: page
1, bottom line, correct the spelling of
"complement"; and page 2, top paragraph, correct
the spelling of "revegetation". He inquired why
item 2, under section 5, page 2, has been deleted.
CDD/DeStefano responded that the consultant Horst
Schorr has previously indicated that he approves of
the draft Ordinance. The only area that may differ
from the Commission's opinion is that he concurs,
with the Director opinion, that a slope density
formula is not the key issue in terms of
determining how many dwelling units can be
developed on a given hillside. With respect to the
deletion of section 5, item 2, page 2, because
October 12, 1992 Paqe 11
staff had difficult in
relevance the remnants of
grading, it was deleted.
VC/MacBride suggested
conventional grading, on
drawn to illustrate it's
determining what real
a wild fire would have on
that the sketch, for
page 15, should be better
effects.
C/Li noted that the graph on page 9, subsection A.
Calculating Average Slopes, does not indicate a
curve.
CDD/DeStefano explained that subsection A has an
incomplete graphic. The graphic indicates the
percent of land, to be maintained in it's natural
state, and another access that deals with the
percent of average slope. However, it does not
direct the reader toward any particular conclusion.
The graphic is one that has been utilized in the
City of La Habra Heights, they incorporate a third
"line" that deals with the size of the parcel. The
difference between La Habra Heights and Diamond Bar
is that La Habra Heights indicates the largest
parcel as being five acres, and the parcels in
Diamond Bar typically start at 15 acres. The whole
issue of calculating the average slope, and what is
done with it in terms of slope density, is one that
has been difficult to respond to. Most cities have
some arbitrary formula wherein a certain average
slope equates to a certain percentage of the lot to
remain in it's natural state. The difficulty with
that is that there is no explanation as to why this
formula is better than some other formula,
therefore, it is difficult to determine if it is
applicable to Diamond Bar, or if Diamond Bar should
create our own criteria.
C/Meyer explained that the standards at La Habra
Heights are applicable after the subdivision, and
that each subdivided parcel has to comply with
these standards. After the five acres, then 80% of
the site has to be left in an open area, if the
average slope is above 50$. He suggested that the
City would be more responsive to community feelings
to reduce density in hillside areas, and to good
planning practices, by setting a density formula
that correlates to the average slope of lots, in
which the steeper the slope, the larger the
subdivided parcel has to be.
CDD/DeStefano referred the Commission to the
examples, presented in the staff report, of
formulas used in other cities. He explained how
the formulas are calculated.
October 12, 1992
Page 12
C/Li noted that, if the natural grading is used for
calculating average slopes, then it appears that
the developer is being penalized for using land
form grading because the average slope becomes
greater, and the percentage of land to be
maintained, in the natural state, becomes greater.
CDD/DeStefano stated that, if the Ordinance can be
interpreted that way, it is the opposite of what is
trying to be achieved. The average slope
calculation is meant to be on the existing natural
grade, as determined by the formula.
C/Meyer suggested that the formula be based on the
existing pad or on an approved pad, and that the
formulas be worked out at the time that the map'is
being submitted. The Ordinance is taking away
design incentives because it is too finitely
written. The standards should be flexible in terms
of the hillside.
C/Li, noting that subcategory B, Slope Category,
items 1-4, provides the technique to comply with
this code, and subcategory A, provides a formula,
stated that the two paragraphs conflict with each
other. He suggested that the Director or the
Planning Commission be given discretionary review.
CDD/DeStefano stated that he had originally
proposed to eliminate the slope density formulas to
calculate the average slope, and to keep the slope
category discussion, but not relate density to the
average slope.
The Commission concurred that sub section A,
Calculating Average Slopes, should be deleted.
They also concurred to table the matter to the next
meeting, and that any further Commission comments
should be directed to staff before the next
meeting.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
ZCA 92-3 CDD/DeStefano recommended that the Commission
review the revised CM Ordinance and adopt a
resolution recommending that the City Council
approve the revised list of permitted and
conditionally permitted land uses.
CDD/DeStefano stated that there should be a clause
added, to become subsection E, on page 159, that
October 12, 1992 Page 13
would read, "Properties within the CM Zone, and
located at the southeast corner of Grand Ave.an
Golden Springs Drive, shall submit a planned
development/master plan for City review and
approval." This clause would implement the planned
development requirement within the General Plan for
that portion of our community.
The Public Hearing was declared opened.
Hearing no testimony, the Public Hearing was
declared closed.
CDD/DeStefano, in response to C/Meyer's inquiries,
explained that grading projects were excluded
because they are covered under other permits
already required by the City, and they don't
require a Conditional Use Permit. The reason that
farming is not permitted on vacant CM Zone
properties is because staff does not feel that it
would be an appropriate use for the five CM zone
areas presently in the City.
Motion was made by VC/MacBride, seconded by
C/Grothe and CARRIED UNANIMOUSLY to adopt a
resolution recommending that the City Council
approve the revised list of permitted and
conditionally permitted land uses, and as modified
by staff, on page 159, new subsection E which
outlines a Planned Development requirement for
properties located at the southern corner of Grand
Avenue and Golden Springs.
INFORMATION: CDD/DeStefano informed the Commission of his
decision in the following four Administrative
Development Review items: approval an Mr. Toby's
8,700 square foot home in "The Country", on Shadow
Canyon; continuance for Mr. wools proposal to add
3,700 square feet to his existing 3,700 square foot
home because of engineering issues yet to be
resolved; approval of a 7,200 square foot home at
Braided Mane; and approval of a 1,200 square foot
addition to an existing 2,400 square foot home at
1519 Kiowa Crest.
CDD/DeStefano informed the Commission that the City
Council adopted an Interim ordinance which severely
restricts land uses permitted within the
agricultural zoned property, that is also general
planned as agriculture. The only area in the City
that this applies to is our sphere of influence.
CDD/DeStefano informed the Commission on the
following: the Commission has received a copy of
October 12, 1992 Page 14
the TTC agenda; staff has provided the Commission
with a copy of a memorandum entitled, "Current
Status of Major Applications"; staff has also
provided the Commission with a copy of staff's in-
house log of projects that have been currently
worked on or has recently been approved; and the
City Council has awarded the construction contract
for the Heritage Park Community Building project.
C/Meyer stated that the Commission to include
ht to
commence reviewing the Development Code,
the Sign Ordinance.
CDD/DeStefano suggested that the Commission have
study sessions to discuss the creation of a new
Development Code.
ANNOUNCEMENTS: Chair/Flamenbaum informed the Commission that the
California League of City Annual Conference is to
be held on October 13, 1992.
er
ADJOURNMENT: antd1CARRIED was UNANIM UNANde by IMOUSLY lde, seconded by y
to adjourn the meeting at
11:28 p.m.
Respectively,
/s/ JAM S DESTEFANO
James DeStefano
Secretary
Attest:
/s/ BRUCE FLAMENBAUM
Bruce Flamenbaum
Chairman
CTTY nIP nTlUnIM AID
MINUTES OF THE PLANNING COMMISSION
OCTOBER 26, 1992
CALL TO ORDER: Chairman Flamenbaum called the meeting to order at
7:05 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Commissioner Meyer.
ROLL CALL: Commissioners: Meyer, Grothe, Vice Chairman
MacBride, and Chairman Flamenbaum. Commissioner Li
was absent.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Assistant City
Attorney Bill Curley, Deputy City Attorney Craig
Fox, and Contract Secretary Liz Myers.
MATTERS FROM Max Maxwell, residing at 3211 Bent Twig Lane,
THE AUDIENCE: reminded the Commission that the referendum is a
legal action, and that they should be concerned
about some of the legal stipulations. It was this
Planning Commission that passed the General Plan
with major revisions that have caused part of the
problem regarding the referendum.
Don Schad, residing at 1824 Shaded Wood Road,
complimented the Planning Commission on the superb
job done on the Tree Ordinance, prior to it's
demise by the City Council.
CONSENT CALENDAR: C/Meyer requested that the minutes be continued to
the next meeting because he did not receive copies
Minutes of within his packet.
Sept. 14 &
Oct. 12, 1992 Chair/Flamenbaum requested that the Minutes of
October 12, 1992 be amended to accurately reflect
that he voted against approval of Resolution 92-19.
The Commission concurred to continue the minutes of
September 14, 1992, and October 12, 1992 to the
next meeting.
CONTINUED
CDD/DeStefano presented the staff report regarding
PUBLIC HEARINGS:
a City initiated request to adopt hillside
management standards. The City Council, in October
ZCA 92-2
of 1990, adopted interim hillside management
(Hillside
standards which outlined a series of requirements
Management
and standards for developing and preserving
Ordinance)
hillside areas. There have been a few projects
that have been processed through the City system
under those development standards. Only one
project, a 19 acre site on Derringer Lane, in "The
Country", has been approved. Generally, the
standards outline a much less typical linear cut
and fill method of grading, utilizing a much more
October 26, 1992 Page 2
softened approach using contours, and a technique
called land form grading. The Planning Commission
has reviewed the document for the past couple of
months, and revisions have been incorporated to the
document. The only major issue remaining issue
before the Planning Commission is to determine
whether or not the Commission desires the inclusion
of a slope density formula and/or a related
preservation of natural area formula. Certain
Planning Commission members have indicated a desire
for a slope density formula as a means to respond
to the community's desire to reduce density in
hillside areas. Most hillside cities have slope
density formulas, but can not articulate why those
ordinances were created, or how the formulas were
computed. Staff believes that the overall design
of the hillside should be determined by, the
General Plan Land use classification for the
hillside area, and, as a result of site
characteristics, environmental factors, and the
city's development review authority. A slope
density formula is not necessary in terms of
determining the overall best land form and
development for a hillside area. Staff has
attached copies of slope density formulas from
nearby hillside cities for comparative purposes.
Staff recommend that the Commission review the
revised Hillside Management Ordinance and recommend
that the Ordinance be approved without a slope
density formula and forwarded to the City Council
for consideration.
Chair/Flamenbaum inquired if staff is recommending
that the Commission approve the revised Hillside
Management Ordinance without the formula for
calculating average slope, or without slope
categories found on page 9.
CDD/DeStefano stated that it is staff's
recommendation that no such calculating formula be
a part of the Ordinance, but that calculating the
average slope should remain, without creating the
penalty of decreasing density based upon that
average slope. It is recommended that the
incomplete graphic on page 9 be deleted, but that
the slope categories on page 9 and 10 remain.
The Public Hearing was declared opened.
Max Maxwell recalled that such a formula was
suggested by GPAC but later eliminated from the
General Plan. Therefore, there is nothing in the
General Plan that has a correlation relating to the
density of a development on a hillside. The
October 26, 1992 Page 3
citizens want the hillsides preserved, and a
simplified formula should be included.
Barbara Beach Cushane, residing at 2021 Peaceful
Hill Road, stated that she moved to Diamond Bar
because there was green land, and she would be
opposed to any suggestion that limits open space.
Clair Harmony, residing at 24139 Afamado Lane,
inquired how the Ordinance will protect the
ridgelines as related to the Bramalea California,
Inc. project and Memorandum Of Understanding (MOU).
Chair/Flamenbaum explained to Mr. Harmony that the
Planning Commission has not been presented with any
proposed plan for development on the Bramalea
property, in regards to the MOU. The Ordinance
does attempt to address ridgelines, as well as the
general grading characteristics of hills, to
restore them to as natural state as possible.
The Public Hearing was declared closed.
C/Meyer distributed his memorandum regarding his
proposed modifications to the draft Hillside
Management Ordinance. The following is a
summarization of his concerns: hillsides cannot
support the densities of flat land; the proposed
special development standards, of 10%, could impose
significant costs to development; the development
standards should not become applicable until the
average slope of the property is at least 25%; the
General Plan defines significant slope as 25% and
above, with a policy for preserving open space, and
reducing grading practices and removal of dirt;
land form grading requires the displacement of more
material, than is generally required with
conventional grading practices, and achieves a
smaller building pad; the proposed Hillside
Management Ordinance does not include a procedure
for modification of the standards; the modification
procedure should include provisions for public
input and should have clearly defined goals that
the City would expect a developer to aspire to;
there should be some findings of fact that the
approval body must make in order to grant a.
modification of the development standards; a slope
density formula should be created to establish the
policy that the size of the lot shall be correlated
to the average slope of the property, recognizing
that there is a difference between flat land and
hillside development. He suggested that the City
focus in on a community that already has the
experience for hillside development, that meets our
October 26, 1992 Page 4
goal or vision for our hillsides, instead of
recreating the wheel.
C/Grothe stated that it was his understanding that,
once the technique is learned, land form grading
moves considerably less dirt, and costs
considerably less money than conventional grading.
He believes the special development standard should
stay at 10%. The lot size is not near as important
as the preservation of the lots and the natural
grade. As much of the land, as possible, should be
left ungraded, getting away from the standard
grading cuts and fills.
C/Meyer stated that he concurs with the importance
of preserving the natural topography, and getting
away from the typical cut and fill method of
grading. However, he concurs with the concept used
by the City of La Habra Heights, which has very
minimal grading standards. Their concept is to
move the minimum amount of dirt possible to allow
development to occur. They allow and accommodate
hillside development, and maintain a significant
amount of open area. It is a balance that has to
be achieved parcel by parcel. Because most
projects will not be able to comply with the
standards in the Hillside Management Ordinance, a
forum for modification must be created on a site
specific review. Staff is envisioning the CUP
process for such a forum. However, there are no
specific standards in place to review such
variances.
CDD/DeStefano confirmed the existence of a CUP
process to propose a development within a hillside
area. The Hillside Ordinance has various
discussion points that allow for design review by
the Planning Commission or the City Council. It is
designed more for the initial subdivision. There
is also a Development Review Ordinance that sets
forth compatibility characteristics, and
architectural and design characteristics. It is
specifically set aside for the final product. Both
Ordinances are created as design ordinances, and
both have flexibility for the unique situation that
each lot in Diamond Bar is going to present.
Following discussion, Motion was made by
VC/MacBride, seconded by C/Grothe and CARRIED to
approve the Hillside Management Ordinance without a
slope density formula, and deleting the graphic on
page 9.
AYES: COMMISSIONERS: Grothe, VC/MacBride, and
Chair/Flamenbaum.
October 26, 1992 page 5
NOES: COMMISSIONERS: Meyer.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Li.
C/Meyer stated that, for the record, he does not
oppose Hillside Management, but feels the proposed
Ordinance has flaws in it that should be corrected.
Chair/Flamenbaum recessed the meeting at 8:15 p.m.
to be reconvened in Room CC -2 for a study session
on the Presentation on South Pointe Master Plan.
Chair/Flamenbaum reconvened the meeting at 8:30
p.m.
Presentation
CDD/DeStefano presented the staff report regarding
of South
the proposed 170 acre South Pointe Master Plan,
Pointe
located north of Pathfinder Road, west of Brea
Master Plan
Canyon Road, south of the residential construction
nearest Colima, and east of the City property
boundary limits. He introduced the following
individuals: Councilmen Werner; Hardy Strozier,
Project Manager for the Master Plan; Jan Dabney,
representing RnP Development; Mike Church,
representing Arciero & Sons; Armed Patel, with the
Sasak Corporation; Mr. Ronald Hockwalt, District
Superintendent of the Walnut Valley Unified School
District (WVUSD); and Clay Chapmut, Assistant
Superintendent of the WVUSD. The site is comprised
of the following 5 major property owners, each with
a basic desire to develop this area; the School
District, property owner of 31 acres, and desires a
permanent middle school; the City of Diamond Bar is
the owner of a 7 acre strip along Brea Canyon Road,
is in a lease purchase contract for the 4 acre
Water District site, and is the owner of the 2.7
acre Larkstone Park site, with a desire to resolve
the issue of the trade of the land with the WVUSD;
RnP Development, owner of 78 acres, south of the
School District site, desires to develop a 40 acre
residential, 15 acre commercial, and approximately
25 acre open space product; Arciero & Sons, owner
of approximately 41 acres, east of the school
property, desires to construct 93 homes and a 6
acre commercial site; and Mr. Patel, owner of 7
acres, adjacent to Morning Sun, desires to develop
his acreage. The City saw this desire for
development as an opportunity to master plan 5
different sites, instead of having 5 independent
developments. The WVUSD has a 400,000 cubic yard
Hill on their site that needs to be removed in
order to construct the permanent middle school. The
fill is to be relocated on the Arciero & Sons
property. The City and the WVUSD desire to resolve
October 26, 1992 Page 6
the issue of Larkstone Park. The developers have an
interest in developing the vacant land that they
own, and have a proposal, generally, to merge
several public and private interests into a
development with an opportunity for public benefit.
The developments provide an opportunity to resolve
the traffic problems that exist from buses and
automobiles traveling Larkstone and Lemon to get to
the school site, and resolves the need, of a looped
water system and storm drain improvements for the
permanent school site. Mr. Patel, by participating
in this overall master plan, has an opportunity to
link Diamond Bar, utilizing utilities and grading.
The City has an opportunity to not only resolve the
various issues, but to receive some future economic
benefit. The developers propose the development of
acreage for a commercial center site of 15+ acres,
and a recreational site of 25 acres, resolving a
deficiency in our parks and recreation system.
There is an opportunity to resolve traffic issues
in terms of needed signalization, and the widening
of Brea Canyon Road. The issues are significant
vacant land, particularly on the RnP property,
which has been identified in the General Plan, as a
biological resource, and the Arciero property,
which both contain significant Oak and Walnut
woodland. Though the acreage, has been vacant for
many years, it is privately held and has
development rights. Through a variety of State
laws, the developers have the ability to request
further development rights from the City.
CDD/DeStefano stated that the principal developers
will now briefly discuss their project proposal.
Chair/Flamenbaum inquired of the location and the
size of the proposed secondary road. He also
inquired if there were other benefits to the City
to tie all the parcels together, as opposed to
separately considering the South Pointe Middle
School Project and the Arciero Development.
CDD/DeStefano stated that the proposed secondary
road would likely become a residential collector
street, located off of Brea Canyon Road (generally,
across from Chuck -E -Cheese), traversing the RnP
area, and heading to the cul-de-sac at the end of
Larkstone Drive. He then explained that the
benefit, to the City, of tying all the parcels
together is that the utility systems would be
looped together (such as the streets, the storm
drains, and the water lines), resolving the
proposed land use patterns at one time, and
recreational park spare needs, grading pattern and
site planning.
October 26, 1992 Page 7
Mr. Patel requested CDD/DeStefano to summarize Mr.
Patel's proposed project.
CDD/DeStefano stated that Mr. Patel owns 7 acres of
property adjacent to Morning Sun, which is in the
County area adjacent to the western edge of Diamond
Bar. He is proposing a project that subdivides his
7 acres into 26 lots, with lot sizes of 8,000 feet
to 9,600 feet, and pad sizes of about 6,900 to
7,500 feet. The area is currently zoned up to
6DU/acre, but is classified by the General Plan at
3DU/acre.
Jan Dabney, Senior Partner of JC Dabney &
Associates, representing RnP Development and
Arciero presented the general concept of the master
plan, stated that RnP asked him to approach the
City, 2 years ago, on the development potential of
the 78 acres, not knowing at that time, that Mr.
Arciero has been in the process for three years of
trying to develop his parcel. RnP approached City
Manager Van Nort, as well as CDD/DeStefano, to
indicate interest in meeting with the Council
members, on a one by one basis, to see what they
felt the property warranted, and what the community
needed. Mr. Dabney, and one of the then owners,
met with the City Manager and two Council members
at a time throughout the day. Several concerns
were brought up by each Council members, many of
which were environmental concerns, and some of
which were concerns with the traffic impact on the
Larkstone surrounding area due to the school
development. Mr. Dabney indicated that they had
also met .with the WVUSD. The Council, as a whole,
was basically concerned with the development of the
South Pointe Middle School. After talking with the
Council members, which included Councilmen Nardella
at that time, felt that consideration for
recreational facilities, traffic mitigation, etc.
was a necessary part of this development. There
was a strong concern about the development in the
area, based on what the developers could do for the
community, and how the community could benefit from
our development. They requested that we produce a
focus biological study on Sandstone Canyon before
they made any decision whether or not there was
development potential there or not. We provided a
preliminary biological review for the Canyon,
prepared by Robert Bein, Williams and Frost, an
environmental company, not as a public document,
but as a courtesy to help the Council evaluate the
area. City Manager Van Nort and CDD/DeStefano
suggested that we take the 170 acres, remove all
October 26, 1992 Page s
the property ownership lines, and approach this
development, based on the 170 gross acres, and let
the residential lots or parks fall out within the
development. The WVUSD basically agreed that this
was a fine concept, as long as the school was
situated on the purchased property. The City,
Arciero, and RnP, basically got together and
planned what they felt was a possible development
sequence for specific environmental issues. We
went through many numerous conceptual type
configurations on development, never based on any
specific number of residential units, acreage of
commercial, or of park, but rather based on the
concept of where these items should be within the
170 acres. The City and WVUSD do desire to work
together within this master plan to create
additional benefit, not specifically for the
school, or specifically for the City treasury, but
for the community at large. The Arciero
Development, as of today, has been in the approval
process for about five years. They sold property
to the school district, with the understanding that
they would remove the 400,000 additional yardage
off the site. Mr. Arciero presented subdivision
plans to the City but had trouble with the approval
process because there was not enough benefit to the
community. One of the problems that the Arciero
Development had was that his secondary access road
would have to either continue through Larkstone
Drive, or down Rapid View. Mr. Arciero was asked
to join with RnP, the City, and the WVUSD to go
through this master plan, thus removing the impact
of his traffic out of the Rapid View cul-de-sac,
and improving the internal circulation. Mr Patel's
submitted map gives through access and emergency
access across the entire project without going
through the existing subdivision within the City.
CDD/DeStefano stated that Hardy Strozier, the
City's Project Manager, will merge all the plans
together and begin to resolve some of the
differences between the maps.
Dr. Hockwalt, in response to Chair/Flamenbaum,
stated that the design plan presented, for the
Middle School, has been submitted and approved by
the State.
Jan Dabney stated that the proposed RnP
development, of it's 77.8 acres, has 26 acres of
park, 22 acres of commercial, and approximately 92
residential lots, with the transferring of land in
which RnP obtains 2.8 acres, and transfers 26 acres
of property to the City for parks facilities. The
October 26, 1992 page 9
proposal would incorporate a secondary street out
to Morning Sun. In response to C/Meyer, he stated
that the proposed density for the RnP proposal is
1.53 units per acre, based upon the gross of the
residential area.
In response to Chair/Flamenbaum, Jan Dabney stated
that the EIR incorporates the entire 170 acre
project, including some parameters of the School
District.
VC/MacBride inquired how much of the "blue line"
stream will be preserved with this development
project.
Jan Dabney stated that, in this proposal, the blue
line stream that runs to the Canyon would be
entirely filled in. In the 27 acre park site, 15
acres of the park site would be set aside in its
natural setting, and include additional plantings,
off the developed area, and transferred into that
natural setting. One of the requests of the
Council was that we ensure that the open space and
open area, including the two areas that belong to
the homeowners association currently, have a means
for migration for any animal life.
C/Meyer inquired if this project would comply with
the concept in the Hillside Management Ordinance.
Jan Dabney noted that the project has many grades
that exceed 10$. With land form grading, a lot of
yardage most be moved to preserve as much existing
features as possible, yet still yield enough
density to warrant the additional cost of grading.
It is a common misconception that landform grading
actually is an economical way to approach this
development project. Landform grading gives the
original appearance of the project, keeping the
ridgelines and hillsides intact, but it also drives
up the costs. We have, throughout this project,
used land form grading. The master plan team has
done all the hydrology studies, traffic studies,
and drainage studies. This development will
resolve some of the drainage problems existing on
Larkstone Drive.
CDD/DeStefano summarized the proposed project as
follows: a 31 acre School District site with a
permanent facility; a 25 acre park or open space
site; a 30 acre commercial site; and about 85 acres
of residential development that would house
approximately 220 dwelling units.
October 26, 1992 Page 10
Hardy Strozier, of the Planning Associates, stated
that a Master Development Plan, a Development
Agreement outlining the different trade offs and
benefits to the City and the developer, and a full
EIR will come to the City for review. It is
anticipated that the EIR can be published around
mid November of 1992. This project can
realistically come before the Planning Commission
some time mid January of 1993.
Chair/Flamenbaum inquired why the school's
improvements have to be incumbered by the rest of
this project.
Hardy Strozier explained that the school's EIR
contemplates the Arciero project. If the school
district were to change it's project, another EIR
would be required, which would further delay the
construction of South Pointe Middle School.
Furthermore, the various water systems, needed to
serve the school, comes through the Arciero and RnP
properties. Also, the secondary circulation
system, that would access the school, is viable and
necessary.
CDD/DeStefano stated that the City Council, as
indicated by Mr. Dabney, has previewed this
project, the School Board previewed the project
about 2 weeks ago, and the Parks and Recreation
Commission, and the Traffic and Transportation
Commission will have a similar introductory session
of this Master Plan. The City staff, the City
consultant, and the Development members are
available to answer any questions.
Chair/Flamenbaum recessed the meeting at 9:40 p.m.
The meeting was reconvened at 9:50 p.m.
Don Schad, Vice President of the Homeowners
Association, described Sandstone Canyon as a living
biological laboratory because it has forms of
vegetation found no place else, and it has
everything [vegetation], in one place, that is
scattered throughout Diamond Bar. Sandstone Canyon
is our most precious gift in the City: the
children love it; it maintains itself at no cost to
any one; and many programs of all the sciences
could be included just by retaining this for the
citizens. He addressed the Commission regarding an
alternative plan for Sandstone Canyon, and
highlighted the following: a Children's Wilderness
Museum; a nature trail; preserving the heritage
trees; an astronomical observatory; educational
programs; and the Middle School. He beseeched the
October 26, 1992 page 11
Commission to see how magnificent the wilderness
area is before making a determination. He
suggested that Sandstone Canyon be deeded to the
Tonner Canyon Wilderness Conservancy.
Max Maxwell informed the Commission that Mr. Schad
has his own conservancy, the Tonner Canyon
Wilderness Conservancy, and has the support from
the other conservancy in Southern California.
Clair Harmony inquired what will happen to the
hillsides along Brea Canyon as a result of this
project. He also inquired of the development plans
for the City's property along Tonner Canyon, and
how it ties into this project.
Chair/Flamenbaum explained to Mr. Harmony that
because the Planning Commission has not received
any information regarding those areas, the
Commission is unable to respond to his questions.
Norman Beach Cushane, residing at 2021 Peaceful
Hills Road, stated the following: Williman J.
Brock, in 1980, sold all the homes on top of the
hill, and the land below is extremely unstable; the
Pathfinder Homeowners Association owns the RnP land
by Mr. Patel's property; and Mr. Patel only owns
three house lots, not 7 acres, and pays homeowners
dues. He also pointed out the LA County flood
control easement by the blue line stream.
Jan Dabney stated he has thoroughly reviewed the
legal documents, and RnP owns the entire 78 acres.
The two lots, indicated by Mr. Cushane, was
originally owned by the Homeowners Association but
these parcels were removed, by amendment to the
Homeowner's documents, in 1982.
Barbara Beach Cushane pointed out that the
Homeowners Association pays taxes on this land, and
has done so since 1983. We are required to assure
that the grade does not fail. The State Department
has required that we put thousands of dollars in
escrow, so that if there is land slippage we are
responsible to repair it.
Jan Dabney also noted that there are no flood
control easements, on the easterly side of RnP's
77.83 acres of property, as it approaches the blue
line stream.
Norman Beach Cushane stated that their property
will be ruined, if this land is developed, because
October 26, 1992 Page 12
of the increase in noise and because of the effects
of development.
Tom Van Winkle, a resident, inquired if there will
be a noticed EIR scoping session. He stated that
the area "A" triangle should be included in the
noticing radius because the area would be impacted
by the increased traffic from this development.
Hardy Strozier stated that a full EIR is being
prepared. The draft EIR will be circulated to
responsible agencies and residents, within the
noticing radius, and given an opportunity to
respond to the document, and raise issues.
Ann Flesher, residing at 20647 Larkstone Drive,
inquired of the intent to mitigate the problems on
Larkstone Drive such as drainage, before the next
rainfall, traffic, and vandalism to property from
school children.
Hardy Strozier explained that alternative plans
were prepared in order to contemplate different
scenarios for the EIR, such as through traffic,
non -through traffic, recreation uses at different
intensities, and so forth, so that the Commission
gets the full range of development, and no
development, opportunities in the area.
Max Maxwell suggested that the impacts of CalTrans
plans to widen the 57 freeway be considered in the
EIR, as well as the plans to widen the Pathfinder
bridge.
Clair Harmony inquired if the intent is to put the
proposed commercial area along the City property on
Brea Canyon Road.
Chair/Flamenbaum stated that it appears that there
is a 27 to 30 acre commercial area proposed north
of the proposed secondary road, and west on Brea
Canyon Road.
Barbara Beach Cushane inquired if a study was done
to confirm that there are tenants for this .proposed
commercial area since so many commercial centers
throughout the City have vacancies.
Jan Dabney stated that no study has been conducted.
The proposed plan does not show any type of
development on that commercial area. No one will
spend millions of dollars to construct a commercial
site, in this economy, only to have it sit vacant.
October 26, 1992
ADJOURNMENT:
Page 13
CDD/DeStefano explained that the Draft EIR will
consider a variety of conceptual alternatives,
including a density substantially less than this
project, and a density more than this project, for
study purposes. The DEIR will show alternatives
for commercial development in order to address
various issues, including projected traffic
patterns.
Jan Dabney stated that the final development
concept will be a product of the Planning
Commission's, the Council's, and the public's
input.
George Berret, a member of the Pathfinder
Homeowners Association, asked what process is used
to select a member of the Planning Commission.
Chair/Flamenbaum explained that the Commissioners
are appointed by the City Council, and can be
removed by the City Council.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to adjourn the meeting at
10:50 p.m.
Respectively,
/s/ JAMES DESTEFANO
James DeStefano
Secretary
Attest:
/s/ BRUCE FLAMENBAUM
Bruce Flamenbaum
Chairman
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.372
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 1, 1992 REPORT DATE: November 24, 1992
FROM: Bob Rose, Director of Community Services
TITLE: Approval of Plans and Specifications for the Purchase and Delivery of Planting and Irrigation Materials
For Route 60 Freeway Project
SUMMARY: On April 7, 1992, City Council authorized the City of Diamond Bar to enter into an agreement
with CALTRANS for the Environmental Enhancement and Mitigation Program. The City of Diamond Bar was
awarded a grant totalling $563,000 for the installation of an irrigation system and the planting of 5,500 trees
along route 60 Freeway and Peterson Park. Plans and specifications have been completed and are prepared to
go out to bid for planting and irrigation materials.
RECOMMENDATION: It is recommended that the City Council approve the plans and specifications for the
purchase and delivery of planting and irrigation materials for Route 60 Freeway project and direct the City Clerk
to advertise to receive bids.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
Public Hearing Notification
X Bid Specifications (on file in City Clerk's Office)
_ other
EXTERNAL DISTRIBUTION:
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?
_ Yes
X No
4.
Has the report been reviewed by a Commission?
_ Yes
X No
Which Commission?
5.
Are other departments affected by the report?
Yes
X No
Report discussed with the following affected departments:
_
RE IEWED BY:
errence L. Belanger Bob Rose
City Manager Director of Community Services
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 1, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Approval of Plans and Specifications For The
Purchase and Delivery of Planting and Irrigation
Materials For Route 60 Freeway Project
ISSUE STATEMENT
The City of Diamond Bar was awarded an Environmental Enhancement
and Mitigation Grant totalling $563,000 by the State of California
to install irrigation and plant 5,500 trees along Route 60 Freeway.
Plans and specifications have been completed by Kobata and
Associates Inc. and are prepared to go out to bid for planting and
irrigation materials.
RECOMMENDATION
It is recommended that the City Council approve the plans and
specifications for the purchase and delivery of planting and
irrigation materials for Route 60 Freeway project and direct the
City Clerk to advertise to receive bids.
FINANCIAL SUMMARY
Total estimated cost of the planting and irrigation materials is
$257,361. There is a total of $432,000 budgeted by the grant for
the purchase and installation of the planting and irrigation
materials. All costs incurred by the City of Diamond Bar with
respect to this grant are reimbursed by the State of California on
a monthly basis.
BACKGROUND/DISCUSSION
On April 7, 1992, City Council authorized the City of Diamond Bar
to enter into an agreement with CALTRANS, Local Streets and Roads
Branch, for the Environmental Enhancement and Mitigation Program.
The City of Diamond Bar was awarded a grant totalling $563,000 for
the installation of an irrigation system and the planting of 5,500
eeway. The planting and irrigation project
trees along Route 60 Fr
will include the planting of 162 trees in Peterson Park, many of
which will grow to create a screening effect between the park and
Page Two
Route 60 Freeway Project
December 1, 1992
the 60 Freeway. The remainder of the trees will be planted between
Grand Avenue and Route 71 Highway, in the Route 60 Freeway right-
of-way. Purchase and installation of materials, two-year plant
establishment period and tree replacement contingency is included
in the grant. After plant establishment, CALTRANS will maintain
all materials in the freeway right-of-way. Materials at Peterson
Park will be maintained by the City of Diamond Bar.
All costs incurred by the City of Diamond Bar with respect to this
grant are reimbursed by the State of California on a monthly basis.
Prepared By:
Bob Rose
Director of Community Services
CITY OF DIAMOND BAR
21660 E. Copley Dr., 1100
Diamond Bar, California 91765
(909) 396-5694
• ME
NOTICE IS HEREBY GIVEN that sealed proposals will be received at
the office of the City Clerk at the above address until Tuesday,
December 22, 1992 at 11:00 a.m. for the Purchase and Delivery of
Planting and Irrigation Materials for Route 60 Freeway Project.
Said bids will be publicly opened and read aloud at that time, or
as soon thereafter as practicable.
Considered bids will be tabulated and presented to the City Council
at its regular meeting scheduled for January 5, 1993, or, if
necessary, at the earliest next available meeting date. The
successful bidder(s) will be determined and a purchase order
issued. Initial delivery of materials is required not longer than
10 days after awarding of bid. Subsequent deliveries will be made
on an "on-time" basis as scheduled by the Project Manager.
The City Council of the City of Diamond Bar reserves the right to
reject any or all bids.
BID INSTRUCTIONS AND CONDITIONS
Each bidder shall submit adequate information on equipment,
materials or services he proposes to furnish to enable the City to
evaluate its suitability for the specific purpose intended. Any
sales tax accruing to the City upon a prospective award shall be
deducted from the subject bid for purposes of determining the low
bid.
Each bid shall specify each and every item as set forth in the
specifications. Any and all exceptions to the specifications must
be clearly stated in the bid and failure to set forth any item in
the specifications shall be grounds for rejection of the bid.
The Project Manager shall be the sole judge as to whether or not
any bid is acceptable and such decision of said party shall be
final and conclusive.
Project Manager
CITY OF DIAMOND BAR
21660 E. Copley Dr., #100
Diamond Bar, California 91765
Sealed bids will be received at the office of the City Clerk at the
above address until Tuesday, December 22, 1992 at 11:00 a.m. for
the following:
The Purchase and Delivery of Planting and Irrigation
Materials for Route 60 Freeway Project
(As specified in Plans & Specifications for Route 60 Freeway)
1. Responsibility to obtain and submit quotations on City Bid
Form will be that of the vendor.
2. Please read entire bid carefully prior to submission. All
deviations and exceptions to the specifications must be shown
on the bid sheets.
3. Mark sealed envelope containing your quotation in lower, left
corner as follows:
Name of Bidder
Title of Bid The Purchase and Delivery of Plantina
and Irrigation Materials for Route 60 Freeway
P o'ec
Opening Time & Date Tuesday December 22 1992 at
11:00 a.m.
4. Bids received after time and date of Bid Opening will be
returned to addressor unopened.
5. The City reserves the right to reject any or all quotations
and shall not be required to make a statement of the reason
for rejection.
CITY OF DIAMOND BAR
21660 E. Copley Dr., 1100
Diamond Bar, California 91765
BID INSTRUCTIONS AND CONDITIONS
1. Bids must be submitted in sealed envelopes, showing on the
outside:
the name of the bidder,
title of the bid,
the opening date and time
2. Submission of a signed bid shall be interpreted to mean that
bidder does agree to and has accepted all of the terms and
conditions set forth in all the pages which make up the bid
advertisement.
3. Bidder will submit with bids, full descriptive data, including
make, model and specifications on each piece of equipment he
proposes to furnish. Applicable warranties are to be
included. A minimum warranty of one (1) year on parts and
labor is required.
4. Prices quoted shall be F.O.B. Diamond Bar, freight prepaid,
destination as specified by Project Manager
5. Bids on articles differing from the specifications set forth
herein may be considered, provided that such articles are
considered by the Project Manager to be functionally
comparable to, and in all essential respects in compliance
with, the specification requirements.
6. It is understood that the item(s) offered by the bidder will
meet all requirements of the specifications in this
advertisement unless deviations therefrom are clearly set
forth in the specification (Schedule 1) attachment herein, or
as set forth in an attachment hereto headed "Exceptions to
Specifications", using your letterhead.
7. Equipment characteristics not specified in the various bid
schedules shall be manufacturer's standard, unless
incompatible with specified characteristics.
8. All equipment covered by this bid shall comply with the
provisions of the Occupational Safety and Health Act of 1970
(or latest revisions); the State of California Safety Orders,
including the Air -Pollution Control laws and regulations; and
the California Motor Vehicle Code. Supplier certifies that
all items furnished under this Order will conform and comply
with said standards and regulations. Supplier further agrees
to indemnify and hold Buyer harmless for all damages assessed
against Buyer as a result of supplier's failure to comply with
the Act and Standards issued thereunder and for the failure of
the items furnished under this order to so comply.
9. The term "heavy duty" as applied in these specifications,
shall be interpreted to mean that the item to which it applies
shall exceed the usual quality, capacity, strength and
durability of standard production items; and, heavy duty items
shall be able to withstand unusual strain, wear, exposure,
temperature or other usage factors to which the item may be
subjected. Bidder shall furnish with this bid, the
manufacturer's specifications and code so that all heavy duty
items supplied may be easily identified.
10. Any Federal Excise or State Tax applicable to the material on
this bid shall be stated as separate item(s).
11. Whenever a question as to the meaning of any portion of this
specification is in dispute or where there may be more than
one interpretation given to any portion of the specification,
the interpretation by the City of Diamond Bar shall be final.
12. Bids are requested on new and unused material only. Items
purchased hereunder will be subject to final inspection and
acceptance at destination.
13. Time for taking discounts offered for prompt payment will be
computed from data of delivery and acceptance at destination,
or from the date correct invoice is received, if the latter
date is later than the acceptance date.
14. Bids will not be considered on any makes, brand, kind or types
of material, supplies, or equipment which have proved in
actual use to be unsuitable for the purpose for which
purchased, or, in the case of equipment, have demonstrated
that their operating and/or maintenance costs have been
excessive in comparison with other makes of similar equipment
working under similar conditions.
15. The City of Diamond Bar reserves the right to reject the bid
of any bidder(s) who has previously failed to perform
properly, or complete on time, contracts of a similar nature,
or to reject the bid of a bidder who is not in a position to
perform such a contract satisfactorily. The City expressly
reserves the right to award the contract to the bidder that
best meets the requirements as set forth in the
specifications.
16. Award will be made by lump sum bid on combination of said
items if it is deemed in the best interests of uniformity and
standardization. The City of Diamond Bar will not award a
"split -bid" of said items except that bidder may bid solely on
either planting material or irrigation material, and therefore
the City may award separate bids for planting material only
and irrigation material only. It may also be deemed to be in
the best interests of the City of Diamond Bar to exercise the
option of awarding the bid to that vendor whose lump sum
combination of said items is most beneficial to the City.
17. The successful bidder shall be excused from performance
hereunder during the time and to the extent that they are
prevented from obtaining, delivering, or performing in the
customary manner by act of God, fire, strike, partial or total
interruption of, loss or shortage of transportation
facilities, lockout, commandeering of raw materials, products,
plants of facilities by the government, where satisfactory
evidence thereof is presented to the other party providing it
is satisfactorily established that the non-performance is not
due to the fault or negligence of the party not performing.
18. Each bidder shall quote his earliest delivery time with his
bid, and elapsed time between bid award date and delivery date
shall be a determining factor in the award of the purchase
order. The City reserves the right to award to other than the
lowest bidder in the event the quoted time is excessive in the
city's opinion.
19. If any of the goods or equipment are found after a reasonable
time of delivery to be defective in material or workmanship,
or otherwise not in conformity with the requirements of the
order, buyer, in addition to any other rights which it may
have under warranties or otherwise, shall have the right to
reject and return such goods at seller's expense, such goods
not to be replaced without written authorization from buyer.
This order must be filled exactly as specified, no exceptions.
Alternatives or substitutions will not be accepted unless
authorized by buyer's Project Manager. Where quality is
questioned on any delivery, any cost of inspection will be
borne by the seller.
20. Buyer shall have the right to cancel at any time for seller's
breach of any provisions of this bid, including failure to
meet their stated delivery date. TIME IS ^T'' muE ESSENCE TO
MEET THE PROMISED nELIVE y DATE. Any subsequent bid award
(order) may be cancelled by buyer if seller, in buyer's
judgement, is failing to make sufficient progress so as to
endanger performance of this bid and subsequent order in
accordance with its terms. Buyer reserves the right to
terminate the contract (order) without penalty, without cause
or with cause immediately, 10 days after written notice
thereof if delivered to the seller personally or by mail
addressed as shown on the purchase order form.
21. If seller breaches this agreement and fails to deliver the
goods, materials, services or equipment provided herein within
the stated deliver time, or by failing to make sufficient
progress so as to endanger performance of this bid and
subsequent order (default), then buyer may terminate this
contract (order) and purchase the goods, materials, services
or equipment form whatever source, and seller shall be liable
to Buyer for the difference in price which buyer is obligated
to pay, and the price paid by the City of Diamond Bar shall be
considered the prevailing market price at the time such
purchase is made, plus all of its costs and expenses in
enforcing its rights hereunder, including reasonable
attorneys' fees. Further, buyer may off -set any such costs or
expenses incurred against any of the monies which may be owing
to the Seller.
22. For late delivery not excusable under paragraph 17, the City
reserves the right to assess the vendor liquidated damages.
The parties agree that it is impracticable or extremely
difficult to determine the actual damages to purchaser from
late delivery of all or any portion of this order and that the
following percentages of the price of the order or portion
thereof delivered late shall be deducted from final payment as
liquidated damages for such delay:
CITY WORKING DAYS LATE
TOTAL PERCENTAGE DEDUCTED
1 to 2 inclusive
2
per
cent
3 to 4 inclusive
4
per
cent
4 to 5 inclusive
7
10
per
per
cent
cent (Maximum)
6 or more
23. The work is to be done in accordance with the profiles, plans,
and specifications of the City of Diamond Bar on file in the
office of the City Clerk at the City Hall, Diamond Bar,
California. Copies of the plans and specifications will be
furnished upon application to the City of Diamond Bar and
payment of $50.00, said $50.00 is non-refundable.
24. Upon written request by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied
by payment stipulated above, together with an additional non -
reimbursable payment of $10.00 to cover the cost of mailing
charges and overhead.
25. PROPOSAL GUARANTEE: Each proposal shall be accompanied by
cash or by a cashiers or certified check or by a bid bond in
the amount of not less than ten percent (10%) of the amount
named in the proposal. Said check or bond shall be given as
a guarantee that the bidder, if awarded the bid, will within
ten (10) days after written notice of the award, make delivery
as specified by the Project Manager. In case of refusal or
failure to make said delivery, the check or bond, as the case
may be, shall be forfeited to the City. No bidder's bond will
be accepted unless it conforms substantially to the form
furnished by the City, which is bound herein, and is properly
filled out and executed.
26. SIt3NATURE: The bid must be signed in the name of the bidder
and must bear the signature in longhand of the person or
persons duly authorized to sign the bid on behalf of the
bidder.
27. CONPETENCY OF BIDDER In selecting the lowest responsible
bidder, consideration will be given not only to the financial
standing but also to the general competency of the bidder for
the performance of the work covered by the proposal.
28. BID DEPOSIT RETURN: Deposits of three or more low bidders,
the number being at the discretion of the Owner, will be held
for sixty days or until posting by the successful bidder of
the Bonds required and return of executed copies of the
Agreement, whichever first occurs, at which time the deposits
will be returned after consideration of the bids.
29. AWARD OF BID: The award of bid, if it is awarded, will be to
the lowest responsible bidder whose proposal complies with all
the requirements described. The bidder to whom award is made
shall make initial delivery within ten (10) days from the date
of written notice of the award, as specified by Project
Manager. Failure or refusal to make specified delivery, or to
conform to any of the stipulated requirements in connection
therewith shall be just cause for the annulment of the award
and the forfeiture of the proposal guarantee.
If the successful bidder refuses or fails to execute the
delivery, the City may award the bid to the second lowest
responsible bidder. If the second lowest bidder refuses or
fails to execute the delivery, the City may award the contract
to the third lowest responsible bidder. On the failure or
refusal of such second or third lowest bidder to execute the
delivery, such bidder's guarantees shall be likewise forfeited
to the City. The work may then be readvertised.
30. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4
(commencing at S4380) Government Code, all specifiions
shall be deemed to include the words or equal", pcat
however that permissible exceptions hereto shall be
specifically noted in the specifications.
31. NO REFUND FOR DRAWINGS AND -SPECIFICATION -: Purchasers are
advised that upon payment of the appropriate purchase price,
the set of drawings and specifications become the property of
the purchaser and are not to be returned to the City of
Diamond Bar.
32. QUANTITIES: The quantity of work for the unit price items to
be done under the bid, as noted in the plans and
specifications, is an estimate and is not to be taken as an
expressed or implied statement that the actual quantity of
work will correspond to the estimate.
The right is reserved by the City of Diamond Bar to increase
or decrease or to entirely eliminate items from the work if
found desirable or expedient.
The Contractor will be allowed no claims for anticipated
profits, loss of profits or for any damages of any sort
because of any difference between the estimated and actual
quantities of work done or for work decreased or eliminated by
the City of Diamond Bar.
The City Council of the City of Diamond Bar reserves the right
to reject any or all bids and to waive any irregularity or
informality in any bid to the extent permitted by law.
33. L OF BIDS: The bidder may withdraw his bid at any
time prior to the date and hour set for opening of bids upon
presentation of a written request to the Project Manager
signed by an authorized representative of the bidder or by the
person filing the bid.
34. INVALID PROPOSALS: Proposals submitted by telegraph and those
which are not logged in at the office of the City Clerk of the
City of Diamond Bar, prior to the date and hour set for
receipt of same will not be considered.
35. ALTERING PROPOSALS: The wording of the proposals shall not be
changed. Any additions, conditions, limitations, or
provisions inserted by the bidder will render the proposal
irregular and may cause its rejection.
36. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City
of Diamond Bar reserves the right to accept any bid or reject
any or all bids and to waive any informality or defects in
bids received as the best interests of the City of Diamond
Bar.
Proposals in which the bid prices are obviously unbalanced may
be rejected.
Proposals in which a bid item is left totally blank will be
considered as being nonresponsive and automatically rejected.
37. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item
total amount arrived at by multiplying the unit price times
the quantity does not agree with the total amount entered for
the item or if the total amount is not entered, the unit price
and the corrected extension will be considered at representing
the bidder's intentions.
If in a unit price bid item the total amount is entered for
the item but not the unit price, the unit price shall be that
which is derived by dividing the total amount bid for the item
b the number of units in the item.
I
If the amounts bid on individual items (if called for) do not
add up to the total amount shown, the correctly added total of
the individual items shall prevail over the total amount.
38. ADDENDA To CONTRACT DOCUKENTS: The Project Manager may, from
time to time, issue addenda to the contract documents during
the period of advertising for bids, for the purpose of
clarifying or correcting special provisions, plans or bid
proposal.
Purchasers of contract documents will be furnished with copies
of such addenda, either by first class mail, telephone
facsimile, or personal delivery during the period of
advertising. The addenda will be sent to the address, or fax
number, the purchase of the contract documents left with or
furnished the City of Diamond Bar at the time the purchase was
made.
39. TERN OF CONTRACT: The initial delivery of materials under the
terms of this contract shall not be longer than 10 days after
the awarding of the bid.
Subsequent deliveries will be made on an "on-time" basis as
scheduled by the Project Manager.
40. MODIFICATIONS: Changes in or addition to the bid form,
recapitulations of the work bid upon, alternative proposals or
any other modifications of the bid form which is not
specifically called for in the bid documents may result in the
Owner's rejection of the bid as not being responsive to the
invitation bid. No oral or telephonic modification of any bid
submitted will be considered but a telegraphic modification
may be considered and only if a postmark evidences that a
confirmation of the telegram duly signed by the bidder was
placed in the mail prior to the opening of bids. The bid
submitted must not contain any erasures, interlineation, or
other corrections unless each such correction is suitably
authenticated by affixing in the margin immediately opposite
the correction on the surname or surnames of the person or
persons signing the bid.
41. DISCREPANCIES IN PROPOSALS: In case of discrepancy between
words and figures, the words shall prevail. If the amounts
bid on individual items (if called for) do not in fact add to
the total of the individual items shall prevail over the total
figure shown. The estimated quantities and amounts are for
1 The City Council of
the purpose of comparison of bids on Y.
the City of Diamond Bar reserves the right to reject any or
all bids and to waive any irregularity or informality in any
bid to the extent permitted by law.
42. pEgp0gXhNCZ sNp KgTERIAL BOND: The successful bidder shall be
required to post a performance bond in the amount of 100% of
the bid price and material bond equal to l00% of the bid
price.
43. PROPOSAL FORM No proposal will be considered from a bidder
to whom a proposal form has not been issued by the City of
Diamond Bar.
44. PROJECT MANRG If further information is needed regarding
this work, please contact:
Don Hensley Bob Rose
Project Manager Parks and Recreation Director
21660 E. Copley Drive 21660 E. Copley Drive
Suite 100 Suite 100
Diamond Bar, CA 91765 Diamond Bar, CA 91765
(909) 396-0194 (909) 396-5694
Monday through Friday from 8:00 a.m. to 12:00 Noon or 1:00
p.m. to 5:00 p.m.
45. FAX NUMBER: All persons obtaining bid packets should
immediately supply the Project Manager with his or her
facsimile telephone number in order that addenda and other
information may be transmitted as rapidly as possible.
FAILURE TO PROVIDE SUCH A NUMBER KAY RESULT IN LATE
NOTIFICATION.
46. PROGRESS PAYMENTS: Payments to bidder shall be made by CITY
in accordance with the invoices submitted by bidder, on a
monthly basis, and such invoices shall be paid within a
reasonable time after said invoices are received by CITY. All
charges shall be in accordance with bid with respect to unit
prices. In no event, however, will said invoices exceed 90%
of unit price totals described in bid.
Bidder agrees that, in no event, shall CITY be required to pay
to bidder any sum in excess of 90$ of the maximum payable
hereunder prior to receipt by CITY of all final documents,
together with all supplemental technical documents, as
described herein acceptable in form and content to CITY.
Final payment shall be made not later than 60 days after
presentation of final documents and acceptance thereof by
CITY.
Additional services: Payments for additional services
requested, in writing, by CITY, and not included in bidder's
proposal shall be paid on a reimbursement basis in accordance
with the fee schedule set forth in bid. Charges for
additional services shall be invoiced on a monthly basis and
shall be paid by CITY within a reasonable time after said
invoices are received by CITY.
47. DELIVBRY: Deliveries are required to be made to project site
on an on-time (as -needed) basis, as scheduled by the Project
Manager. Project site includes freeway right-of-way and City
Park. Initial delivery shall be made in 10 days of written
notice of award of bid, quantities of items and location of
delivery to be specified by Project Manager. Subsequent
deliveries will be scheduled on an on-time basis by the
Project Manager, in quantities specified by the Project
Manager. The City of Diamond Har does not have storage space
available for materials delivered in excess of quantities
specified by Project Manager. Any items delivered not
specified by Project Manager must be stored by supplier at
supplier's sole cost and risk.
FAYIHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
as successful bidder and hereinafter referred to as "Supplier", ana
as SURETY, are
held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter
referred to as the "City", in the sum of
Dollars
($ ) lawful money of the United States of America, for the
payment of which sum, will and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said bid has been
awarded bid by said City for consideration of the materials under the
specification entitled land is required by said City to give this bond in
connection with the execution of said bid award.
NOW, THEREFORE, if said supplier shall well and truly do and perform all the
covenants and obligations of said bid on his part to be done and performed at
the time and in the manner specified herein; this obligation shall be null
and void; otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the materials to be
furnished, which may be made pursuant to the terms of said bid shall not in
any way release said supplier or the Surety thereunder nor shall any
extension of item granted under the provisions of said bid release either
said supplier or said Surety and notice of such alterations or extensions of
the bid is hereby waived by such Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1992.
PRINCIPAL
1;V6
(SEAL)
SURETY
BY:
(SEAL)
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,
as principal, and
as surety, are held
and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%)
of the total amount of the bid of the principal, to be paid to the said City
of its certain attorney, its successors and assigns; for which payment will
and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these
presents.
In no case shall the liability of the surety hereunder exceed the sum of
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to the City
of Diamond Bar for certain construction specifically described as follows,
for which bids are to be opened at Diamond Bar City Hall on December 22, 1992
for the Purchase and Delivery of Planting and Irrigation Material For Route
60 Freeway Project.
NOW THEREFORE, if the aforesaid principal is awarded the bid, and within the
time and manner required under the specifications, after the prescribed forms
are presented to him for signature, enters into a written contract, in the
prescribed form in accordance with the bid, and files the bond with the City
of Diamond Bar to guarantee payments for materials, as required by law, then
this obligation shall be null and void; otherwise it shall remain in full
force and effect. In the event suit is brought upon this bond by the obligee
and judgement id recovered, the surety shall pay all costs incurred by the
obligee in such suit, including a reasonable attorney's fee to be fixed by
the court.
BIDDER'S BOND (CONTMIMM
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
day of A.D., 1992
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be properly
acknowledged.
MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred tows "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA
hereinafter referred to as the "City", in the sum of
DOLLARS ($ )
lawful money of the United States of America, for the payment of which sum,
well and truly to be made, we bind ourselves, jointly and several firmly by
these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said bid has been
awarded for the delivery of materials for the work under the City's
specification entitled The Purchase and Delivery of Planting and Irrigation.
Material For Route 60 Freeway Project
and is required by said City to give this bond in connection with the
awarding of said bid;
NOW, THEREFORE, if said bidder in said bid fails to pay for any materials,
provisions, provender or other supplies, or for the use of implements or
machinery, used in, upon, for or about the performance of the work awarded to
be done, said Surety will pay for the same in an amount not exceeding the sum
specified above, and also in case suit is brought upon this bond, a
reasonable attorney's fee, to be fined by the court. This bond shall immure
to the benefit of any and all persons entitled to file claims under Section
1192.1 of the Code of Civil Procedure of the State of California.
PROVIDED, that any alterations in the material to be furnished, which may be
made pursuant to the terms of said bid, shall not in any way release either
said bidder or said Surety thereunder nor shall any extensions of time
granted under the provisions of said bid release either said bidder or said
Surety, and notice of such alterations or extensions of the bid is hereby
waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1992.
PRINCIPAL
BY:
(SEAL)
SURETY
BY:
(SEAL)
CITY OF DIAMOND BAR
21660 E. Copley Dr., 1100
Diamond Bar, California 91765
BID PRICES FOR THE PURCHASE AND DELIVERY
OF PLANTING AND IRRIGATION MATERIAL FOR
ROUTE 60 FRENWAY PROJECT
Name of Bidder (Company)
By
(Name) (Title)
Bidder's Address
Date
Telephone I
Fax Telephonef
BID PRICE F.O.B.
SECTION BID DIAMOND BAR
I. Planting Materials Only
II. Irrigation Materials Only
Sub Total
Plus: State Sale Tax
Days to Deliver After Award
Terms
SIGNATURE AND TITLE:
The undersigned declares that he has read the terms and conditions for the
goods or services listed herein and agrees to furnish to the City of Diamond
Bar said requirements in strict conformity to the specifications thereto.
COMPANY:
ADDRESS:
Telephone #
BY/TITLE:
(Authorized Signature) (Title)
FAX TELEPHONE#
DONALD L. THOMAS, CPA (RETIRED)
D. RICHARD BYRNF, CPA (RETIRED)
V.C. SMITH, IR., CPA
JERRY D. BIGBIE, CPA
RICHARD A. TEAMAN, CPA
THOMAS, BYRNE & SMITH
AN ACCOUNTANCY CORPORATION 4201 BRO RIVERSIDE,
AVENUE, NIASUI9 100
CERTIFIED PUBLIC ACCOUNTANTS RIVERSIDE, CALIFORNIA 92501
TELEPHONE (714) 682-4851
TELECOPIER (714) 682-6569
City Council
City of Diamond Bar
Diamond Bar, California
Compliance Report Based on an Audit of General
Purpose Financial Statements Performed in
Accordance With Government Auditing Standards
ements of
e City of
iamond Bar,
We have audited the generalpurpose le Oclal 992,tand have issuhed our reportDthereon dated
California, as of and for the year ended Jun
September 1, 1992.
We conducted our audit in accordance with generally accepted auditing standards and
Government Auditing Standards, issued by the Comptroller General of the United States. Those
standards require that we plan and perform the audit to obtain reasonable assurance about
whether the general purpose financial statements are free of material misstatement.
Compliance with laws, regulations, contracts, and grants applicable to the City of Diamond Bar,
California, is the responsibility of the City's management. As part of obtaining reasonable
assurance about whether the general purpose financial statements are free of material
misstatement, we performed tests of the City's compliance with certain provisions of laws,
regulations, contracts, and grants. However, our objective was not to provide an opinion on
overall compliance with such provisions.
The results of our tests indicate that, with respect to the items tested, the City of Diamond Bar,
California, complied, in all material respects, with the provisions referred to in the preceding
paragraph. With respect to items not tested, nothing came to our attention that caused us to
believe that the City had not complied, in all material respects, with those provisions.
This report is intended for the information of management. This restriction is not intended to
limit the distribution of this report, which is a matter of public record.
11,40,W46!
September 1, 1992
DONALD L. THOMAS, CPA (RETIRED)
D. RICHARD BYRNE. CPA (RETIRED)
V.C. SMITH, JR., CPA
JERRY D. BIGBIE, CPA
RICHARD A. TEAMAN, CPA
THOMAS, BYRNE & SMITH
AN ACCOUNTANCY CORPORATION 4201 BROCKTON AVENUE, SUITE 100
CERTIFIED PUBLIC ACCOUNTANTS RIVERSIDE, CALIFORNIA 92501
TELEPHONE (714) 682-4851
TELECOPIER (714) 682-6569
City Council
City of Diamond Bar
Diamond Bar, California
Report on the Internal Control Structure in
Accordance with Government Auditing Standards
We have audited the general purpose financial statements of the City of Diamond Bar,
California, as of and for the year ended June 30, 1992, and have issued our report thereon dated
September 1, 1992.
We conducted our audit in accordance with generally accepted auditing standards and
Government Auditing Standards, issued by the Comptroller General of the United States. Those
standards require that we plan and perform the audit to obtain reasonable assurance about
whether the general purpose financial statements are free of material misstatement.
In planning and performing our audit of the general purpose financial statements of the City of
Diamond Bar, California, for the year ended June 30, 1992, we considered its internal control
structure in order to determine our auditing procedures for the purpose of expressing our opinion
on the general purpose financial statements and not to provide assurance on the internal control
structure.
The management of the City of Diamond Bar, California, is responsible for establishing and
maintaining an internal control structure. In fulfilling this responsibility, estimates and
judgments by management are required to assess the expected benefits and related costs of
internal control structure policies and procedures. The objectives of an internal control structure
are to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, and that transactions are executed
in accordance with management's authorization and recorded properly to permit the preparation
of general purpose financial statements in accordance with generally accepted accounting
principles. Because of inherent limitations in any internal control structure, errors or
irregularities may nevertheless occur and not be detected. Also, projection of any evaluation
of the structure to future periods is subject to the risk that procedures may become inadequate
because of changes in conditions or that the effectiveness of the design and operation of policies
and procedures may deteriorate.
For the purpose of this report, we have classified the significant internal control structure
policies and procedures in the following categories:
Budget
Cash
Investments
Revenue and Receivables - Governmental Funds
Interfund Service Charges - Proprietary Fund Types
Expenditures for Goods and Services and Accounts Payable
Payroll and Related Liabilities
Inventories
Property, Equipment, and Capital Expenditures
Debt and Debt Service Expenditures
Self-insurance
For all of the internal control structure categories listed above, we obtained an understanding
of the design of relevant policies and procedures and whether they have been placed in
operation, and we assessed control risk.
Our consideration of the internal control structure would not necessarily disclose all matters in
the internal control structure that might be material weaknesses under standards established by
the American Institute of Certified Public Accountants. A material weakness is a reportable
condition in which the design or operation of one or more of the specific internal control
structure elements does not reduce to a relatively low level the risk that errors or irregularities
in amounts that would be material in relation to the general purpose financial statements being
audited may occur and not be detected within a timely period by employees in the normal course
of performing their assigned functions. We noted no matters involving the internal control
structure and its operation that we consider to be material weaknesses as defined above.
However, we noted certain matters involving the internal control structure and its operation that
we have reported to the management of the City of Diamond Bar, California, in a separate
communication dated October 16, 1992.
This report is intended for the information of management. This restriction is not intended to
limit the distribution of this report, which is a matter of public record.
'l,T.sra., �r P�:�iC.
September 1, 1992
DONALD L. THOMAS, CPA (RETIRED)
D. RICHARD BYRNE. CPA (RETIRED)
V.C. SMITH, JR.. CPA
JERRY D. BIGBIF., CPA
RICHARD A. TEAMAN, CPA
City Council
City of Diamond Bar
Diamond Bar, California
THOMAS, BYRNE & SMITH
AN ACCOUNTANCY CORPORATION 4201 BROAVENUE, SUITE 10
CERTIFIED PUBLIC ACCOUNTANTS RIVERSIDE, CALIFORNIA 925011
TELEPHONE (714) 682-4851
TELECOPIER (714) 682-6569
Report on Supplementary Information - Schedule
of Federal Financial Assistance
Independent Auditors' Report
We have audited the general purpose financial statements of the City of Diamond Bar,
California, for the year ended June 30, 1992, and have issued our report thereon dated
September 1, 1992. These general purpose financial statements are the responsibility of the
City's management. Our responsibility is to express an opinion on these general purpose
financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards and
Government Auditing Standards, issued by the Comptroller General of the United States. Those
standards require that we plan and perform the audit to obtain reasonable assurance about
whether the general purpose financial statements are free of material misstatement. An audit
includes examining on a test basis, evidence supporting the amounts and disclosures in the
general purpose financial statements. An audit also includes assessing the accounting principles
used and significant estimates made by management, as well as evaluating the overall financial
statement presentation. We believe that our audit provides a reasonable basis for our opinion.
Our audit was made for the purpose of forming an opinion on the general purpose financial
statements of the City of Diamond Bar, California taken as a whole. The accompanying
schedule of federal financial assistance is presented for purposes of additional analysis and is not
a required part of the general purpose financial statements. The information in that schedule has
been subjected to the auditing procedures applied in the audit of the general purpose financial
statements and, in our opinion, is fairly presented in all material respects in relation to the
general purpose financial statements taken as a whole.
September 1, 1992
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DONALD L. THOMAS, CPA (RETIRED)
D. RICHARD BYRNE, CPA (RETIRED)
V.C. SMITH, 1R., CPA
JERRY D. BIGBIE, CPA
RICHARD A. TEAMAN, CPA
THOMAS, BYRNE & SMITH
AN ACCOUNTANCY CORPORATION 4201 BROCKTON AVENUE. SUITE 100
CERTIFIED PUBLIC ACCOUNTANTS RIVERSIDE, CALIFORNIA 92501
TELEPHONE (714) 682-4851
TELECOPIER (714) 682-6569
City Council
City of Diamond Bar
Diamond Bar, California
Single Audit Report on Compliance With
Requirements Applicable to Nonmajor Federal
Financial Assistance Program Transactions
In connection with our audit of the 1992 general purpose financial statements of the City of
Diamond Bar, California and with our study and evaluation of the City's internal control systems
used to administer federal financial assistance programs, as required by Office of Management
and Budget Circular A-128, "Audits of State and Local Governments, we selected certain
transactions applicable to certain nonmajor federal financial assistance programs for the year
ended June 30, 1992.
As required by OMB Circular A-128, we have performed auditing procedures applicable to those
transactions selected to test compliance with the requirements governing types of services
allowed or unallowed; approval of release of funds; environmental certification; accounting for
program income; and reviewing expenditures for propriety. Our procedures were substantially
less in scope than an audit, the objective of which is the expression of an opinion on the City
of Diamond Bar, California, compliance with these requirements. Accordingly, we do not
express such an opinion.
With respect to the items tested, the results of those procedures disclosed no material instances
of noncompliance with the requirements listed in the preceding paragraph. With respect to items
not tested, nothing came to our attention that caused us to believe that the City of Diamond Bar,
California, had not complied, in all material respects, with those requirements.
This report is intended for the information of management, the City Council and the State of
California Office of Traffic Safety. This restriction is not intended to limit the distribution of
this report, which is a matter of public record.
September 1, 1992
Crry OF DIAMOND BAR
STATUS OF PRIOR YEAR FINDINGS
Year Ended June 30, 1992
There were no prior year findings. Therefore, we have no comment
regarding prior year findings.
DONALD L. THOMAS, CPA (RETIRED)
D. RICHARD BYRNE, CPA (RETIRED)
V.C. SMITH, JR., CPA
JERRY D. BIGBIE, CPA
RICHARD A. TEAMAN, CPA
THOMAS, BYRNE & SMITH
AN ACCOUNTANCY CORPORATION 4201 BR AVENUE, SUITE 100
CERTIFIED PUBLIC ACCOUNTANTS RIVERSIDE, CALIFORNIA 92501
TELEPHONE (714) 682-4851
TELECOPIER (714) 682-6569
City Council
City of Diamond Bar
Diamond Bar, California
Report on Internal Controls (Accounting and
Administrative) - Based on a Study and Evaluation Made
as a Part of an Audit of the General Purpose
Financial Statements and the Additional Tests
Required by the Single Audit Act
We have audited the general purpose financial statements of the City of Diamond Bar,
California, for the year ended June 30, 1992, and have issued our report thereon dated
September 1, 1992. As part of our audit, we made a study and evaluation of the internal control
systems, including applicable internal administrative controls, used in administering federal
financial assistance programs to the extent we considered necessary to evaluate the systems as
required by generally accepted auditing standards, Government Auditing Standards, issued by
the Comptroller General of the United States, the Single Audit Act of 1984, and the provisions
of Office of Management and Budget Circular A-128, "Audits of State and Local Governments. "
For the purpose of this report, we have classified the significant internal accounting and
administrative controls used in administering federal financial assistance programs in the
following categories:
A) Accounting Controls:
Budget
Cash
Investments
Revenue and Receivables - Governmental Funds
Expenditures for Goods and Services and Accounts Payable
Payroll and Related Liabilities
Property, Equipment, and Capital Expenditures
Debt and Debt Service Expenditures
Self-insurance
Single Audit and Similar Grant Programs
B) Administrative Controls:
General Requirements
Political activity
Davis -Bacon Act
Civil rights
Cash management
Relocation assistance and real property acquisition
Federal financial reports
Allowable costs
Drug-free Workplace Act
Administrative requirements
Specific Requirements:
Types of services
Matching, level of effort
Reporting
Approval of release of funds
Environmental certification
Accounting for program income
Reviewing expenditures for propriety
Real property acquisition and disposal
Project extensions
Materials and workmanship testing
The management of the City of Diamond Bar, California is responsible for establishing and
maintaining internal control systems used in administering federal financial assistance Programs -
In fulfilling that responsibility, estimates and judgments by management are required to assess
the expected benefits and related costs of control procedures. The objectives of internal control
systems used in administering federal financial assistance programs are to provide management
with reasonable, but not absolute, assurance that, with respect to federal financial assistance
programs, resource use is consistent with laws, regulations, and policies; resources are
safeguarded against waste, loss, and misuse; and reliable data are obtained, maintained, and
fairly disclosed in reports.
Because of inherent limitations in any system of internal accounting and administrative controls
used in administering federal financial assistance programs, errors or irregularities may
nevertheless occur and not be detected. Also, projection of any evaluation of the systems to
future periods is subject to the risk that procedures may become inadequate because of changes
in conditions or that the degree of compliance with the procedures may deteriorate.
Our study included all of the applicable control categories listed above. During the year ended
June 30, 1992, the City of Diamond Bar, California, had no major federal financial assistance
programs and expended 100 percent of its total federal financial assistance under the following
nonmajor federal financial assistance program: Office of Traffic Safety. With respect to
internal control systems used in administering this nonmajor federal financial assistance program,
our study and evaluation included considering the types of errors and irregularities that could
occur, determining the internal control procedures that should prevent or detect such errors and
irregularities, determining whether the necessary procedures are prescribed and are being
followed satisfactorily, and evaluating any weaknesses.
Our study and evaluation was more limited than would be necessary to express an opinion on
the internal control systems used in administering the federal financial assistance program of the
City of Diamond Bar, California. Accordingly, we do not express an opinion on the internal
control systems used in administering the federal financial assistance program of the City of
Diamond Bar, California.
However, our study and evaluation and our audit disclosed no condition that we believe to be
a material weakness in relation to a federal financial assistance program of Diamond Bar,
California.
This report is intended solely for the use of management, the City Council and the State of
California Office of Traffic Safety and should not be used for any other purpose. This
restriction is not intended to limit the distribution of this report, which, upon acceptance by the
City of Diamond Bar, California is a matter of public record.
4
September 1, 1992
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AGENDA ITEM NO. 6.1
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 7.1
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 7.2
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 8.1
NO DOCUMENTATION AVAILABLE
CITY OF DIAMUND ORA
AGENDA REPORT AGENDA NO.`,,
TO: Honorable Mayor and City Council
MEETING DATE: December 1, 1992 REPORT DATE: November 18, 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
_ Resolution(s)
_ Ordinances(s)
Agreements)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Spec. (on file in City Clerk's Office)
X Other - Mid -Year Budget Amendment _
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:
REV EWED BY:
ho
Terrence L. Belaper tihda G. Ma rAlson
City Manager Accounting Ma ager
_ Yes_ No
Yes_ No
Yes_ No
_ Yes_ No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 1, 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.
mAj6R CHMOUS IN APPROPRIATION®:
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 $33,880. 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
FULL TIME
POSITION
1991-92
1992-93
Proposed
Actual
Proposed Approved
-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
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
1
1
0
Totals
23
23
25
POSITION
Account Clerk
Engineering Intern
Planning Intern
Administrative Intern
Totals
PART TIME
1991-92
Proposed Actual
1 1
2 1
2 2
2 1
7 4
-1-
1992-93
0
0
0
1
1
CITY OF DIAMOND BAR
GENERAL FUND BUDGET
F.Y. 1992-93
APPROPRIATIONS
City Council
jCity Council
City Council
Approved
Amendment
Ameride8
ESTIMATED RESOURCES
165,000
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
3,000
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
(33,880)
1,565,150
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 Hol Shuttle
2,500
(2,500)
0
Total Appropriations
8,719,461
90,103
8,809,564
NET CHANGE IN FUND BALANCE 290,739 221,397 512,136
-2-
CITY OF DIAMOND BAR
GENERAL FUND ESTIMATED REVENUES
1992-93
Property Taxes:
Current Secured
Current Unsecured
Supplimental Roll
Misc. Property Taxes
Interest, Pen. & Del.
City Gouncii City CoLI�1C11
ApprovedArnendment amended
1,300,000 (117,000) 1,183,000
100,000 (9,000) 91,000
0
0
0
Subventions - State:
Motor Veh-in Lieu
1,400,000
(126,000) 1,274,000
Other Taxes:
Mobile Home In -Lieu
0
Sales Tax
2,000,000
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
0
Homeowners Exemption
30,000
30,000
Off Highway Tax
1,000
1,000
2,531,000
0
2,531,000
Fines & Forfeitures:
General Fines
45,000
45,000
Impound Fees
10,000
10,000
45,000
10,000
55,000
From Other Agencies:
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
0
Permit Issuance Fee
15,000
4,500
19,500
Inspection Fees
6,000
1,800
7,800
Plan Check Fee
80,000
24,500
104,500
SMTP Fee
600
600
-3-
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
Interfund Transfers
CityounGil City CQU11CIt
Appraued Amendment ! Amended
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
922,200
3,000
(38,000)
305,000
884,200
GENERAL FUND TOTAL 8,550,200 311,500 8,861,700
-4-
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93
City Council City Council
Approved Amendment Amended
PERSONNEL SERVICES
1,000
1,000
1200 Operating Supplies
0010
Salaries
153,800
39,800
193,600
0020
Overtime
$0 $1,400
2125
0
0030
Wages - Part time
19,800
Equipment Rent
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
2335
TOTAL PERSONNEL SVC
$226,500
$50,190
$276,690
SUPPLIES
1100 Office Supplies
1,000
1,000
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
1,000
1,000
2315
Membership & Dues
1,000
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 $247,000 $50,190 $297,190
-5-
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
$10,000
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
1,000
TOTAL OPERATING EXP
PROFESSIONAL SVC
4000 Publishing & Printing
TOTAL PROF. SVCS
CAPITAL OUTLAY
6230 Computer Equipment
TOTAL CAPITAL OUTLAY
1,000 1,000
0
0
$1,000 $0 $1,000
DEPARTMENT TOTAL $168,975 $7,750 $176,725
0
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
5,000
$12,275
($850)
$11,425
10,000
7,200
17,200
$10,000
$7,200
$17,200
1,400
1,400
0
1,400
1,400
DEPARTMENT TOTAL $168,975 $7,750 $176,725
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93
SUPPLIES
1100 Office Supplies
300
City Council
City Council
1,000
1,000
Approved
Amendment Amended
PERSONNEL SERVICES
TOTAL SUPPLIES
$1,350
0010
Salaries
224,300
224,300
0020
Overtime
1,000
1,000
0030
Wages - Part time
9,880
(9,880) 0
0070
City Paid Benefits
2,800
2,800
0080
Benefits
35,300
35,300
0083
Worker's Comp. Exp.
3,400
3,400
0085
Medicare
4,000
4,000
0090
Cafeteria Benefits
27,900
27,900
TOTAL PERSONNEL SVC
$308,580
($9,880) $298,700
SUPPLIES
1100 Office Supplies
300
700 1,000
1200 Operating Supplies
1,000
1,000
1300 Small Tools & Equip
50
50
TOTAL SUPPLIES
$1,350
$700 $2,050
OPERATING EXPENDITURES
2100
Photocopying
10,000
0
2110
Printing
3,000
31000
2115
Advertising
4,000
(1,000)
4,000
2120
Postage
500
(5,000)
500
2130
Equipment Rent
50,000
500
500
2200
Equipment Maint.
500
(200)
300
2310
Fuel
400
($16,000)
400
2315
Membership & Dues
500
500
1,000
2320
Publications
400
400
2325
Meetings
1,500
(1,000)
500
2330
Travel-Conf & Mtgs
4,000
(1,000)
3,000
2335
Mileage & Auto Allow
100
100
200
TOTAL OPERATING EXP
$14,900
($1,100)
$13,800
PROFESSIONAL SERVICES
4000
Professional Svcs
10,000
10,000
4100
Commissioner Comp.
7,200
7,200
4110
Com. Comp - SEATAC
2,000
(1,000)
1,000
4210
Planning -Regional
40,000
(5,000)
35,000
4220
General Plan
50,000
(5,000)
45,000
4240
Environmental Svcs.
50,000
(5,000)
45,000
TOTAL PROF SVCS
$159,200
($16,000)
$143,200
DEPARTMENT TOTAL
$484,030
($26,280)
$457,750
-7-
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93
City Council City Council
Approved Amendment Amended
CONTRACT SERVICES
5201 Bldg & Safety 172,000 48,000 220,000
TOTAL CONTRACT SVCS $172,000 $48,000 $220,000
DEPARTMENT TOTAL $172,000
C m.
$48,000 $220,000
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93
City Council City Council
Approved Amendment Amended
OPERATING EXPENDITURES
2126 Utilities 13,200 13,200
2210 Maint-Grounds & 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
CITY OF DIAMOND BAR
OPERATING EXPENDITURES
2126 Utilities
9,700
9,700
2210 Maint-Grounds & Bldg
1,500
1,500
TOTAL OPERATING EXP
$11,200
$0 $11,200
CONTRACT SERVICES
5300 Com. Svcs. contract
11,940
430 12,370
TOTAL CONTRACT SVC
$11,940
$430 $12,370
DEPARTMENT TOTAL $23,140 $430 $23,570
-10-
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93
City Council City Council
Approved Amendment Amended
OPERATING EXPENDITURES
2126 Utilities
4,300
4,300
2210 Maint-Grounds & Bldg
1,000
1,000
TOTAL OPERATING EXP
$5,300
$0 $5,300
CONTRACT SERVICES
5300 Com. Svcs. contract
4,980
180 5,160
TOTAL CONTRACT SVC
$4,980
$180 $5,160
DEPARTMENT TOTAL $10,280 $180 $10,460
-11-
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93
City Council City Council
Approved Amendment Amended
OPERATING EXPENDITURES
2126 Utilities 13,350 13,350
2210 Maint-Grounds & Bldg 3,500 3,500
TOTAL OPERATING EXP $16,850 $0 $16,850
CONTRACT SERVICES
5300 Com. Svcs. contract 17,904 645 18,549
TOTAL CONTRACT SVC $17,904 $645 $18,549
DEPARTMENT TOTAL $34,754 $645 $35,399
-12-
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
-13-
$37,400 ($4,000) $33,400
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93
SUPPLIES
1200 Operating Supplies
1300 Small Tools & Equip
TOTAL SUPPLIES
13,950 6,050 20,000
0
$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 11800
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
TOTAL PROF SVCS
DEPARTMENT TOTAL
4,800
4,800
4,800 0 4,800
$417,950 $40,030 $457,980
-14-
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
1300 Small Tools & Equip
TOTAL SUPPLIES
13,950 6,050 20,000
0
$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 11800
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
TOTAL PROF SVCS
DEPARTMENT TOTAL
4,800
4,800
4,800 0 4,800
$417,950 $40,030 $457,980
-14-
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
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
-15-
$35,900 $0 $35,900
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93
SUPPLIES
1100
Office Supplies
City Council
City Council
PERSONNEL SERVICES
Approved
Amendment Amended
0010
Salaries
225,000
225,000
0030
Wages - Part time
9,880
(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
TOTAL PERSONNEL SVC
$307,480
($9,880) $297,600
SUPPLIES
1100
Office Supplies
31000
3,000
1200
Operating Supplies
2,000
2,000
1300
Small Tools & Equip
TOTAL SUPPLIES
0
$5,000
$0
$5,000
OPERATING EXPENDITURES
2120
Postage
1,000
1,000
2125
Telephone
11000
1,000
2315
Membership & Dues
2320
Publications
700
0
2325
Meetings
600
700
2330
Travel-Conf & Mtgs.
1,500
(500)
600
11000
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
5530
Cont Svc -Ind Waste
10,000
0
10,000
TOTAL CONTRACT SVCS
$10,000
$0
$10,000
CAPITAL OUTLAY
6200
Office Equipment
51000
(1,000)
4,000
TOTAL CAPITAL OUTLAY
$5,000
($1,000)
$4,000
DEPARTMENT TOTAL
$334,480
($11,880)
$322,600
-16-
PERSONNEL SERVICES
0010
Salaries
0030
Wages - Part Time
0070
City Paid Benefits
0080
Benefits
0083
Worker's Comp Exp.
0085
Medicare
0090
Cafeteria Benefits
25,000
TOTAL PERSONNEL SVC
OPERATING EXPENDITURES
2110 Printing
2115 Advertising
2315 Membership & Dues
2335 Mileage
TOTAL OPERATING EXP
CONTRACT SERVICES
City Council City Council
Approved Amendment Amended
$0
$0
0
0
0
0
0
0
0
$0
1,200
1,200
2,000
2,000
500
500
11000
11000
$4,700
$0 $4,700
5221
Cont Svc -Engineering
10,000
5222
Cont Svc -Traffic
10,000
5223
Cont Svc -Plan Check
60,000
0
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
-17-
$132,700 ($6,000) $126,700
CITY OF DIAMOND BAR
ESTIMATED EXPENDITURES
1992-93GCQUNT
DEPARTMENT PublfcWorks
DIV[SION Traffic &:Trans
City Council
City Council
PERSONNEL SERVICES
Approved
Amendment
Amended
0010 Salaries
0020 Overtime
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 PERSONNEL SVC0
$0
$0
$0
SUPPLIES
1100 Office Supplies
TOTAL SUPPLIES
$0
$0
0
$0
OPERATING EXPENDITURES
2110 Printing
500
500
2115 Advertising
100
2126 Utilities
20,000
100
20,000
2315 Membership & Dues
200
2320 Publications
200
TOTAL OPERATING EXP.0
$20,800
$0
$20,800
PROFESSIONAL SERVICES
4000 Professional Svcs
2,000
4100 Commissioner Comp
3,600
2,000
TOTAL PROF SVCS
$5,600
$0
3,600
$5,600
CONTRACT SERVICES
5222 Cont Svc -Traffic
37,000
5506 CS-Stp/Mrk/Sign-New
30,000
(51000)
37,000
25,000
5507 CS -Traffic Signals
70,000
5531 CS -Crossing Guards
90,000
(20,000)
70,000
70,000
TOTAL CONTRACT SVCS
$227,000
($25,000)
$202,000
DEPARTMENT TOTAL
$253,400
($25,000)
$228,400
inM.
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 Insp/Rep
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
25,000
TOTAL CONTRACT SVCS
DEPARTMENT TOTAL
City Council City Council
Approved Amendment Amended
-19-
500
500
500
500
200
200
0
91000
0
250
250
$1,450 $0 $1,450
10,000 45,000 55.000
$10,000 $45,000 $55,000
5,000
5,000
10,000
10,000
9,000
91000
168,000
(18,000)
150,000
300,000
(30,000)
270,000
15,000
15,000
50,000
50,000
70,000
(10,000)
60,000
30,000
30,000
65,000
65,000
100,000
100,000
25,000
25,000
10,000
10,000
5,000
5,000
2,000
2,000
12,000
13,000
25,000
n
$867,000 ($36,000) $831,000
$878,450 $9,000 $887,450
CITY OF DIAMOND DAR
SPECIAL FUNDS BUDGET
1992-93
PROP A FUND
FUNi] TYPE'i Spec�af Revenue
F'UNC`I`'IQN f'U4 Trnsprtn
FUND � 112
1992-93 City Council
ESTIMATED REVENUE -
Adopted Budget Amendment Amended
2550
Fund Balance Reserve
3110
Local Trans Tx-Prp A
3610
Interest Revenue
3915
Transfer in/Gen Fd
4099-0083
TOTAL
APPROPRIATIONS.-
PPROPRIATIONS.4090-7230
4090-7230Contribs.-Other Govt
4099-0010
Salaries
4099-0070
City Paid Benefits
4099-0080
Benefits
4099-0083
Wkr's Comp Exp.
4099-0085
Medicare Exp.
4099-0090
Cafeteria Benefits
4360-5310
CS-Exursions
4360-5315
CS -Holiday Shuttle
4360-9990
Allocated Costs
4510-2395
Misc Exp
4553-2330
Travel-Conf & Mtgs
4553-5500
Professional Svcs
4553-5528
Public Transit Svcs.
4553-5529
Para -Transit Svcs.
4915-9250
Trans out - CIP Fund
4915-9001
Trans out - Gen Fund
2550
Fund Balance Reserve
TOTAL
$530,791
$530,791
500,000
500,000
7,000
7,000
2,500
(2,500)
0
$1,040,291
($2,500)
$1,037,791
500,000
500,000
49,900
49,900
600
600
7,900
7,900
500
500
800
800
81000
8,000
50,000
50,000
22,500
4,500
27,000
0
0
0
0
300,000
(100,000)
200,000
50,000
50,000
50,000
50,000
24,650
24,650
625,441
(557,000)
68,441
$1,040,291
($2,500)
$1,037,791
Note: The CIP Transfer is for Bus Turn -outs on Golden Springs.
-20-
Cffy COUNCIL REPORT
AGENDA NO. '
MEETING DATE: November 17,
1992
TO:
Honorable Mayor and Members of the City Council
FROM:
Terrence L. Belanger, City Manager
Amendment to Personnel Rules and Regulations (Resolution Nos. 90-
SUBJECT: Benefit Package, Administrative/ Executive
45; 90-45A through 90-45E):
Position Designations, and Salary Schedule.
es to the wages,
ISSUE STATEMENT:
The City Manager has recommende whi h are set forth as
hours, and working conditions of City employees,
personnel rules and regulations in Resolution Nos. 90-45 and 90-45A through
90-45E.
RECOMMENDATION:
amended Personnel Rules and
It is recommended that the City Council approve
which amend, reforms, and
Regulations as setResolution Nos.forth n 90Resolution
45 uand 90-45A through 90-45E.
supersedes R
BACKGROUND:
ulations, (Resolution Nos.
ted Personnel Rules and Reg policies regarding
The City Council adopted which in part established p and salary
90-45, 90-45A through 90-45E), designations,
benefits, administrative/ executive position g
schedules. to ees'
The City Manager has recommended to the City council anager has alsoorecommended
wages, hours, and working conditions. The City
changes
several personnel classification ersonnelsrules andmodifications. and These
regulations, as well as,
art -
require amendment to the City's p schedules for full-time and p
the establishment or modification of salary
time positions. the
person rules and regulations include: 1)
The changes to the p aid on behalf of employees for fringe
modification of the amount of monies p Accounting Manager,
b $22 per month, 2) the designation of additional administrative
benefitsY Services, and,
executive employees --Director of Coit and Transportation Planner;
Senior Engineer, Assistant Civil
Engineer,
3) a 4% increase in salary
't Planner position has been changed o Director Director
Public Community
The City position
Developmentand
a the total i Etwengineer p(24) full-time positions in FY 1992-93,
Ther
compared to twenty-three (23) full-time positions
as comp art -time positions in FY 1992-931 as
will be two (2) P
part-time positions in FY 1991-92.
PRE 'ED BY: p
Terrence L. Belanger
City Manager
in FY 1991-92. There
compared to seven (7)
2
RESOLUTION NO. 90-45F
RESOLUTION 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 COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES,
ORDERS, AND DETERMINES AS FOLLOWS:
WHEREAS, the City Council -has determined that it is necessary
to the efficient operation and management of the City that rules
and regulations be maintained prescribing sick leave, vacation,
leaves of absences, and other regulations for the employees and
officers of the City; and
WHEREAS, it is necessary from time to time to establish
comprehensive wage and salary schedules and to fix the rates of
compensation to be paid to officers and employees of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Diamond Bar, California, as follows:
There is hereby established a Comprehensive Wage and Salary Plan
for employees of the City of Diamond Bar. The Comprehensive Wage
and Salary Plan is designed to provide for a fair and efficient
framework for the administration of wages and is based upon the
recommendations of the City Manager.
Pursuant to Ordinance No. 21 (1989), the Diamond Bar City Council
hereby establishes the salaries and the various full-time positions
of the City of Diamond Bar. As of June 15, 1992, compensation of
the various classes of positions shall be as shown on Schedule A
(attached).
SECTION 3. F = TIME SALARY SCHEDULE GUIDE IL NES
New employees shall be hired at the entry step or any step at the
discretion of the City Manager and must successfully complete a one
year probation period. At the end of six months, the employee
will be given a performance evaluation and may be eligible for the
next step. Every year thereafter, employees shall be given so performance evaluation and shall move to each successive step,
long as the employee's performance is satisfactory or above.
In an effort to monitor newly -hired employees, the probation
period for newly -hired employees is one year.
Resolution No. 90-45F
Page 2
Private automobiles are not to be used for City business except as
authorized. The City Manager may authorize such use at the
reimbursement rate equal to that set forth by the Internal Revenue
Service. Payments shall be based upon the most direct route to and
from the destination, and garage and parking expenses shall be paid
in addition to the current rate, upon submission of paid receipts.
All full-time employees are eligible to receive group health,
dental, deferred compensation, life, unemployment insurance, and
long-term disability insurance within the City's group insurance
carrier(s), with the administrative costs and premiums paid by the
City to a maximum established in Section 7 after 30 days of
employment. Dependents of employees are eligible for health and
dental insurance.
An employee benefit program is authorized wherein all officers and
full-time employees have a choice of medical and/or fringe
benefits, as described in Section 6, in an amount not to exceed
$452 a month, paid by the City.
A. Employees, defined as Management, shall receive an additional
$30.00 per month to be applied as described in Section 6.
B. All employees shall participate in the Life Insurance and
Dental Insurance program. The City shall pay the cost of the
employee only in addition to the cafeteria program described
in Section 6 or Section 7(A)9 Monies in excess of the City's
457 Plan, may be paid -off annually, during each December.
Hourly compensation for,.,the various part-time positions shall be as
set forth in Schedule B (attached).
All employees serve under the City Manager, pursuant to Government
Code Section 34856. Per Government Code Section 36506, nothing in
these rules and regulations shall be construed to provide employees
with any tenure or property interest in employment.
The City of Diamond Bar shall pay the employee contribution of said
employee salary to the State Public Employee's Retirement System
(PERS) as deferred income.
Resolution No. 90-45F
Page Three
The compensation due to all officers and employees of the City
shall be on a bi-weekly basis.
Warrants or checks in the payment of compensation shall be made
available by the City to employees and officers of the City on the
Friday succeeding the close of any given pay period. In an event
that pay day falls on a holiday, all warrants or checks in payment
of compensation shall be made available to the City employee on the
last work day preceding the holiday.
SECTION 13. WORKING HOURS AND OVERTIME
A. Eight (8) hours, exclusive of lunch period, shall
constitute a day's work for all full-time employees.
B. The official work week of the City of.Diamond Bar shall
be five (5) working days of eight (8) hours each. It
shall be the duty of each Department Manager to arrange
the work of their Department so that each employee
therein shall not work more than five (5) days in each
calendar week. The City Manager may require an employee
to temporarily perform service in excess of five (5) days
per week when public necessity or convenience so
requires.
C. Whenever an employee, other than an Administrative/
Executive employee, shall be required to work overtime,
beyond 40 hours per week, such person shall receive
compensation for such overtime worked at one and one-half
(1-1/2) times the regular rate of pay, provided they have
completed a full 40 hour work week.
D. Any full-time employee, other than an Administrative/
Executive employee, who is required to work on an
observed holiday beyond the regular 40 -hour work week,
shall be entitled to pay at the rate of two ( 2 ) times the
regular rate'of pay provided they have worked a 40 -hour
work week.
E. There is nothing contained within this section to exclude
the City from implementing a 4-10 Plan, at their option.
1 - 5 10 days
6 - 10 15 days
11 & up 20 days
Resolution No. 90-45F
Page Four
A. A full-time employee, after twelve (12) months continuous
service with the City of Diamond Bar, shall be entitled
to a vacation of ten (10) work days per year to be
accrued at a rate of 3.08 hours per pay period.
B. vacation time may be accumulated to a maximum of twenty
(20) days. The City Manager may approve vacation time
accruals exceeding twenty (20) days.
C. The total vacation allowance shall be computed to the
nearest whole day, based upon the number of full months
of City service.
D. In the event one or more municipal holidays follow
accumulated vacation leave, such days shall not be
charged as vacation leave and the vacation leave shall be
extended accordingly for those employees eligible for
such holidays.
E. An employee shall take vacation at such time during the
calendar year based upon due regard to the needs of the
employee's services and the work schedule.
F. Vacation shall be taken during the year following which
the vacation privilege has been earned.
G. The time set for the vacation of the City Manager shall
be subject to the approval of the City Council.
H. Employees who terminate shall be paid the salary
equivalent to all accrued vacation earned after one (1)
year of service has been completed, prior to the
effective date of termination.
I. All vacation requests shall be made at least five ( 5 )
days in advance and prior approval must be given by
employee's supervisor and department head.
J. If an employee does not request time off in advance and
simply does not show up for work, the City Manager may
deny the use of vacation time or other benefit for the
time off, and said employee is subject to disciplinary
action including discharge.
K. Management employees, for the purpose of accrual, shall
be credited with previous municipal experience, up to
five (5) years of service.
SECTION 15, SICK
A. Sick leave
LEAVE
with pay
shall
be accrued
by full-time
employees, at
a rate of
3.08
hours per pay
period.
B. After six (6) months of continuous service, the employee
is eligible to use sick leave.
Resolution No. 90-45F
Page Five
VE (con'
C. Unused sick leave may be accumulated to a maximum total
not to exceed 160 hours. Absence or illness may not be
charged to sick leave, if not already accrued and/or
accumulated.
D. Each full-time employee shall be paid one-half (1/2) of
the unused balance of the annually accrued sick leave,
accrued during a given accrual year, when the then annual
accrual results in sick leave in excess of the maximum
allowable accumulation of 160 hours. The sick leave
payout shall only apply to the amount which is in excess
of the maximum allowable accumulated amount of 160 hours.
Accrual of sick leave and buy-back will be calculated on
an annual anniversary date basis.
The annual accrued sick leave, over the maximum accumulation,
shall be paid once a year, at the employee's current wage at
the time of payment. Said payment is to be made on the first
day in December, or at such other time as the City Manager may
determine, at his/her absolute discretion, as appropriate.
After five (5) years of service, when an employee retires,
resigns or terminates in good standing, that employee will be
paid all accumulated sick leave at a rate of one-half (1/2) of
the employee's current rate of pay at his/her date of
termination.
E. Sick leave shall be allowed only in case of necessity and
actual sickness or disability of the employee, as
determined by the City Manager. In order to receive sick
leave with pay, the employee shall notify the department
head prior to or within two (2) hours after the time set
for beginning daily duties. The City Manager may, if
he/she deems necessary, require the employee to file a
Physician's Certificate or a Personal Affidavit stating
the cause of absence.
F. Sick leave shall not accrue to any employee for any month
in which thgt employee is on vacation, sick leave, or
does not work a minimum of seven (7), eight (8) hour
working days in any one month or combination thereof.
G. If an employee does not show up for work and does not
call in within two hours, the City Manager may deny use
of sick leave for the unauthorized time off, and employee
is subject to disciplinary action.
H. Employees using all accumulated sick leave may be deemed
to have abandoned their employment.
Resolution No. 90-45F
Page Six
�J:*GVOCOJ 51
When circumstances are such and the City Manager determines that
conditions warrant, three (3) paid bereavement leave days may be
granted in the event of death of a relative of a full-time
employee. "Relative" is defined as spouse, parents, children,
step -children, brothers, sisters, grandparents, grandchildren,
half-brothers, half-sisters, aunts, uncles, or other individuals
related by blood or marriage living in the same household as the
city employee.
If an employee does not show up for work for three consecutive work
days without notifying said employee's supervisor or department
head, said employee shall be considered to have voluntarily
terminated employment with the City.
Whenever a person is compelled to be absent from employment with
the City on account of injury arising out of or in the course of
that employee's employment as determined by the Workers'
Compensation Act, the employee may elect to apply pro -rated accrued
sick leave, if any, to such absence to receive compensation of an
amount of the difference between the compensation received under
the Workers' Compensation Act and that employee's regular pay, not
to exceed the amount of the employee's earned sick leave. An
employee in such instance may also elect to use any earned vacation
time in like manner after sick leave is exhausted. The City will
pay the employee up to three (3) days of that employee's regular
salary as it relates to an on-the-job injury and if not covered by
Workers' Compensation.
If a full-time employee is called for jury duty, such person shall
receive regular pay while actually performing jury service,
however, any amount received by such employee as payment for
services as juror shah be reimbursed to the City. All mileage
paid to the employee as a juror shall not be considered as a
reimbursable item to the City.
Compensation for any full-time employee on jury duty shall be
determined and verified by the City Manager. It shall be the duty
of full-time employees requesting compensation under this provision
to obtain for and to present to the City Manager any and all
information as requested necessary to verify times and dates of
such employee's jury duty.
Resolution No. 90-45F
Page Seven
Full-time employees shall be in attendance at their work in
accordance with the rules regarding hours of work, holidays, and
leaves. Departments shall keep attendance records of all
employees. Absence of any employee without leave may result in
possible disciplinary action including discharge.
A. Holidays which fall on Saturday shall be observed on the
preceding Friday, and holidays which fall on Sunday shall
be observed on the following Monday. Paid holidays are
only for the observed days.
B. The Diamond Bar's observed paid holidays are as follows:
1. New Year's Day (January 1)
2. Washington's Birthday (observed third Monday in
February)
3. Memorial Day (observed last Monday in May)
4. Independence Day (July 4)
5. Labor Day (observed first Monday in September)
6. Veteran's Day (November 11)
7. Thanksgiving Day
8. Day following Thanksgiving Day
9. Christmas Eve (December 24)
10. Christmas Day (December 25)
11. Floating Holiday (2)
SECTION 22. FLOATING HOLIDAYS
A. Each full-time employee is allowed two (2) floating
holiday (8 hours) per calendar year, January through
December.
B. Floating Holidays are not cumulative and must be used
during the above period or said employee will lose the
allocated hours.
C. Each employee must submit a request in advance, and
approval must be given by the employee's supervisor and
department head.
D. A full-time employee is eligible to use a floating
holiday after 30 days of continuous employment.
E. Floating holidays may be used in lieu of sick leave only
if all other benefit time has been exhausted.
The City Manager and employees of the City are eligible to request
specialized training in the form of symposiums, special courses,
forums, etc., at City expense.
Resolution No. 90-45F
Page Eight
Leave of absence without pay may only be granted by the City
Manager.
An employee wishing to terminate employment in good standing shall
file a written resignation with the City Manager stating the
effective date and reasons for leaving, at least two (2) weeks
prior to the resignation. Failure to give such notice shall mean
the employee did not terminate in good standing, unless by reason
of hardship and upon that employee's request, the City Manager has
waived the two-week notice requirement.
SECTION 26. _ANTI -NEPOTISM PROVISION
A. Relatives of those listed below may not be employed
anywhere in the City organization:
1. City Councilmembers;
2. Standing Board and Commission members;
3. Administrative/Executive employees of the City;
4. Employees of the City Manager's Department; or
5. Employees of the Personnel Department.
B. The employment of relatives within a department is
prohibited when they:
1. Perform joint duties;
2. Share responsibility of authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
C. For business reasons of supervision, safety, security or
morale, the City may refuse to place one spouse under the
direct supervision of the other spouse.
D. For business reasons of supervision, safety, security or
morale, an employer may refuse to place both spouses in
the same department, division, or facility if the work
involves potential conflicts of interest or other hazards
greater for married couples than other persons.
E. "Relative" means child, step -child, parent, grandparent,
grandchild, brother, sister, half-brother, half-sister,
aunt, uncle, niece, nephew, parent -in-law, brother-in-
law, sister-in-law, or another individual related by
blood or marriage living in the same household as the
City employee.
F. "Employee" means any person who receives a City paycheck
for services rendered to the City.
Resolution No. 90-45F
Page Nine
The City of Diamond Bar does hereby affirm to adopt and support a
Policy of non-discrimination with regard to all phases of personnel
recruitment, selection and appointment.
The City further declares that it will not exclude from
participation in, deny the benefits of, or subject to
discrimination any person on the basis of race, religion,
nationality, sex, age, or handicap, thereby affirming the City of
Diamond Bar's posture as an equal opportunity employer.
It is the intent of the City to offer fair and equitable appeals
procedure for employee's performance evaluations. Below are the
official guidelines:
A. Employee and supervisor meet to review and discuss the
employee's performance evaluation.
B. The employee may respond in writing to the contents of
the evaluation. This response must be submitted to the
department head within five (5) working days immediately
following the evaluation.
C. The department head, as the reviewing official, shall
respond in writing to the employee within five (5)
working days. This response becomes an official part of
the evaluation.
D. If the employee chooses to continue to appeal following
the response from the reviewing official, the employee
must submit an additional written response to the
Personnel Director within five (5) working days after
receipt of the reviewing official's response.
E. The Personnel Director shall review the evaluation appeal
within five',(5) days with the employee, supervisor and
department head. Every effort will be made at this level
to resolve the appeal.
F. If the matter is not settled, a written appeal may be
submitted to the City Manager by the employee within five
(5) working days following the decision rendered in
writing by the Personnel Director.
G. The City Manager shall review the appeal with the
employee, supervisor, department head and Personnel
Director. The decision shall be rendered in writing
within five (5) working days by the City Manager and
shall be final.
Resolution No. 90-45F
Page Ten
All individuals who become a candidate for City employment must
successfully pass pre-employment physical and substance abuse
exams, and are subject to fingerprinting and a background
investigation.
The candidates being considered for employment will be sent to a
City -authorized physician at the City's expense.
The following Emergency Call -Out Policy shall be adhered to:
A. When a full-time employee, other than an Administrative/
Executive employee, is called out for a City emergency,
employee shall be given a minimum of two hours pay,
regardless of the amount of time it takes to rectify the
problem.
B. The employee shall be paid overtime per Section 13.
Administrative/ Executive employees are allowed two (2) days of
administrative leave per fiscal year. Additional days of leave may
be authorized by the City Manager, based on the number of total
hours the individual works over and above 40 hours per week.
A. Administrative/ Executive employees do not receive paid
overtime, and this leave is to recognize those employees
who work over and above 40 hours per week.
B. Following is a list of Administrative/Executive
positions:
Accounting Manager
Administrative Analyst
Administrative Assistant
AssistaAt to the City Manager
Assistant City Manager
Assistant Civil Engineer
Associate Engineer
Associate Planner
City Clerk
Director of Community Development
Director of Community Services
Director of Public Works
Secretary to City Manager
Senior Engineer
Senior Planner
Senior Accountant
Superintendent of Parks and Maintenance
Resolution No. 90-45F
Page Eleven
C. Administrative leave may not be accumulated and carried
over to the following year. It must be used by June 30
each fiscal year. Leave may be granted in hourly
increments. Requests shall be submitted to employee's
immediate supervisor for approval, then forwarded to the
City Manager for approval. Administrative leave will be
immediate supervisor for approval, then forwarded to the
City Manager for approval. Administrative leave will be
authorized at the convenience of the City and the work
schedule.
Pursuant to Revenue Billing 86-88 of the Internal Revenue Code, all
employees hired after March 31, 1987 will have 1.45 percent of
their base salary deducted from their paycheck to be paid to
Medicare. The City will match the 1.45 percent as mandated by law.
SECTION 33, IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986,
all new employees must verify identity and entitlement to work in
the United States by providing required documentation.
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
provides for the continuation of health care coverage to certain
employees who terminate employment and beneficiaries of employees
who die, become disabled or are divorced. Employees become
eligible for continued coverage upon termination of service,
whether voluntary or not (other than termination for gross
misconduct), retirement or reduction in hours worked. For these
employees and their dependents, continued coverage is available for
18 months, at their expense.
Subject to Council fiscal year budget authorization, each employee
shall be entitled to reAmbursement in the amount of $500 per fiscal
year, for college -level or university -level educational courses
(including tuition and related books), which have been approved by
the Personnel Officer or his/her designate as being job-related and
of value to the City. Reimbursement under this Section is
contingent upon the verification of the attainment of a letter
grade of "C" or better, or in those cases where no letter grade is
given, verification of completion of the course with a "Pass" or
"Credit" grade and submittal of a receipt for registration bearing
the name of the course, for which reimbursement is being requested.
In the case of reimbursement for books for any approved/verified
course; a syllabus, course reading list or course outline showing
the book as being required for the course, plus a receipt bearing
the title of the book shall be submitted.
Resolution No. 90-45F
Page Twelve
Effective July 1, 1991, part-time, seasonal and temporary employees
will be covered by a retirement system, under Social Security
(OASDI). An employee's contribution rate shall be 6.2% on wages up
to $53,400. The employer's tax rate is the same. Election workers
and emergency workers are excepted from coverage, under this
section.
ADOPTED AND APPROVED this day of , 1992.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was introduced at a
regular meeting of the City Council of the City of Diamond Bar held
on the day of , 1992, and was finally 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: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: CQUNCIL MEMBERS:
ATTEST:
LYNDA BURGESS, City Clerk of
the City of Diamond Bar
worm H
1083 10.83
1,876.62
22,519.48
11.37 11.94
1,970.45 2,068.98
23,645.46 24,827.73
12.53
CITY OF DIAMOND BAR
2,172.43
2,281.05
26,069.12
27,372.57
#3
(proposed)
SALARY RANGES BY POSITION
1992-93
(4.0%)
JOB TITLE Rance
A
B
C
D
E
F
G
Rwgpdagdw 750
7.50
7.88
8.27
8.68
9.12
9.57
10.05
1,300.35
1,365.37
1,433.64
1,505.32
1,580.59
1,659.62
1,742.60
15,604.23
16,384.44
17,203.66
18,063.85
18,967.04
19,915.39
20,911.16
Jr. CAm t Typist 868
8.68
9.12
9.57
10.05
10.56
11.08
11.64
1,505.32
1,580.59
1,659.62
1,742.60
1,829.73
1,921.21
2,017.29
18,063.86
18,967.05
19,915.41
20,911.18
21,956.73
23,054.57
24,207.30
Cert Typist 934
9.34
9.80
10.29
10.81
11.35
11.92
12.51
1,618.23
1,699.14
1,784.10
1,873.30
1,966.97
2,065.31
2,168.58
19,418.73
20,389.66
21,409.15
22,479.60
23,603.58
24,783.76
26,022.95
Account Clem I 934
9.34
9.80
10.29
10.81
11.35
11.92
12.51
1,618.23
1,699.14
1,784.10
1,873.30
1,966.97
2,065.31
2,168.58
19,418.73
20,389.66
21,409.15
22,479.60
23,603.58
24,783.76
26,022.95
Admhmmtdm 1023
10.23
10.74
11.27
11.84
12.43
13.05
13.70
1,772.39
1,861.01
1,954.06
2,051.76
2,154.35
2,262.07
2,375.17
21,268.68
22,332.12
23,448.72
24,621.16
25,852.22
27,144.83
28,502.07
,S�C1,�aety 1027
10.27
10.78
11.32
11.88
12.48
13.10
13.76
1,779.30
1,868.26
1,961.67
2,059.76
2,162.75
2,270.88
2,384.43
21,351.56
22,419.14
23,540.09
24,717.10
25,952.95
27,250.60
28,613.13
Cade ERfQrOMXW 1074
10.74
11.27
11.84
12.43
13.05
13.70
14.39
offlaw
1,861.12
% 1,954.17
2,051.88
2,154.48
2,262.20
2,375.31
2,494.08
22,333.41
23,450.08
24,622.59
25,853.72
27,146.40
28,503.72
29,928.91
worm H
1083 10.83
1,876.62
22,519.48
11.37 11.94
1,970.45 2,068.98
23,645.46 24,827.73
12.53
13.16
2,172.43
2,281.05
26,069.12
27,372.57
Dkpllty Oty Ck7t 1131 11.31 11.88 12.47 13.10
1,960.98 2,059.03 2,161.98 2,270.08
23,531.75 24,708.34 25,943.76 27,240.95
13.82
14.51
2,395.10
2,514.86
28,741.20
30,178.26
13.75 14.44 15.16
2,383.56 2,502.76 2,627.90
28,602.99 30,033.14 31,534.80
CITY OF DIAMOND BAR
#3
(Proposed)
SALARY RANGES BY POSITION
1992-93
(4.0%)
JOB TITLE
Range
A
B
C
D
E
F
G
Administrative
I131
11.31
11.88
12.47
13.10
13.75
14.44
15.16
secre try
1,960.98
2,059.03
2,161.98
2,270.08
2,383.58
2,502.76
2,627.90
23,531.75
24,708.34
25,943.76
27,240.95
28,602.99
30,033.14
31,534.80
AdllinistTtdm
1131
11.31
11.88
12.47
13.10
13.75
14.44
15.16
Assiamt
1,960.98
2,059.03
2,161.98
2,270.08
2,383.58
2,502.76
2,627.90
23,531.75
24,708.34
25,943.76
27,240.95
28,602.99
30,033.14
31,534.80
EqgbeDg
1367
13.67
14.36
15.07
15.83
16.62
17.45
18.32
Techzkim
2,369.79
2,488.28
2,612.69
2,743.32
2,880.49
3,024.51
3,175.74
28,437.43
29,859.30
31,352.27
32,919.88
34,565.88
36,294.17
38,108.88
Planamg
1367
13.67
14.36
15.07
15.83
16.62
17.45
18.32
Techmician
2,369.79
2,488.28
2,612.69
2,743.32
2,880.49
3,024.51
3,175.74
28,437.43
29,859.30
31,352.27
32,919.88
34,565.88
36,294.17
38,108.88
SeClet" to the
1471
14.71
15.45
16.22
17.03
17.88
18.77
19.71
City Mmoger
2,549.77
2,677.26
2,811.12
2,951.67
3,099.26
3,254.22
3,416.93
30,597.20
32,127.06
33,733.42
35,420.09
37,191.09
39,050.65
41,003.18
Assistant Civil
1471
14.71
15.45
16.22
17.03
17.88
18.77
19.71
Fsa?gh er
2,549.77
2,677.26
2,811.12
2,951.67
3,099.26
3,254.22
3,416.93
30,597.20
32,127.06
33,733.42
3S,420.09
37,191.09
39,050.65
41,003.18
ABSiStaat to the
1471
14.71
15.45
16.22
17.03
17.88
18.77
19.71
cyty mamw
2,549.77
2,677.26
2,811.12
2,951.67
3,099.26
3,254.22
3,416.93
30,597.20
32,127.06
33,733.42
35,420.09
37,191.09
39,050.65
41,003.18
Sllannh'a*vt of
1707
17.07
17.93
18.82
19.76
20.75
21.79
22.88
Partvwfice
2,959.25
3,107.21
3,262.57
3,425.70
3,596.99
3,776.84
3,965.68
35,511.00
37,286.55
39,150.88
41,108.42
43,163.85
45,322.04
47,588.14
Senior Accountant
1707
17.07
17.93
18.82
19.76
20.75
21.79
22.88
2,959.25
3,107.21
3,262.57
3,425.70
3,596.99
3,776.84
3,965.68
35,511.00
37,286.55
39,150.88
41,108.42
43,163.85
45,322.04
47,588.14
CITY OF DIAMOND BAR
#3
(Proposed)
SALARY RANGES BY POSITION
1992-93
(4.096)
JOB TME
Rmp A
B
C
D
E
F
O
Amociahe Pknw
1788 17.88
18.78
19.72
20.70
21.74
22.82
_ _
23.96
3,099.58
3,254.56
3,417.29
3,588.16
3,767.56
3,955.94
4,153.74
37,195.00
39,054.75
41,007.49
43,057.86
45,210.76
47,471.30
49,844.86
Assodw Bg&=
1788 17.88
18.78
19.72
20.70
21.74
22.82
23.96
3,099.58
3,25456
3,417.29
3,588.16
3,767.56
3,955.94
4,153.74
37,195.00
39,054.75
41,007.49
43,057.86
45,210.76
47,471.30
49,844.86
T1Rt1 orm;ca
1788 17.88
18.78
19.72
20.70
21.74
22.82
23.96
Plamer
3,099.58
3,254.56
3,417.29
3,588.16
3,767.56
3,955.94
4,153.74
37,195.00
39,054.75
41,007.49
43,057.86
45,210.76
47,471.30
49,844.86
Ammoft MSG:
1&35 18.35
19.27
20.23
21.25
22.31
23.42
24.59
3,181.19
3,340.25
3,507.27
3,682.63
3,866.76
4,060.10
4,263.10
38,174.33
40,083.04
42,087.20
44,191.56
46,401.13
48,721.19
51,157.25
SoWQ ftimw
1922 19.22
20.18
21.19
22.25
23.37
24.53
25.76
3,332.05
3,498.65
3,673.59
3,857.27
4,050.13
4,252.64
4,465.27
39,984.62
41,983.85
44,083.05
46,287.20
48,601.56
51,031.64
53,583.22
cyrty Cjm*
1995 19.95
20.95
22.00
23.10
24.25
25.47
26.74
3,458.61
3,631.54
3,813.12
4,003.78
4,203.97
4,414.16
4,634.87
41,503.36
43,578.53
45,757.45
48,045.33
50,447.59
52,969.97
55,618.47
COMMMity SWVi=
2073 20.75
' 21.79
22.88
24.02
25.22
26.48
27.81
Dhvctur
3,596.96
3,776.81
3,965.65
4,163.93
4,372.12
4,590.73
4,820.27
43,163.49
45,321.66
47,587.74
49,967.13
52,465.49
55,088.76
57,843.20
Comm.
2686 26.86
28.21
29.62
31.10
32.68
34.29
36.00
L*vcAQP
4,656.38
4,889.20
5,133.66
5,390.35
5,659.86
5,942.86
6,240.00
55,876.61
58,670.44
61,603.96
64,684.16
67,918.37
71,314.29
74,880.00
City Bng.A%bfic
2686 26.86
28.21
29.62
31.10
32.65
34.29
36.00
War"
4,656.38
4,889.20
5,133.66
5,390.35
5,659.86
S,942.86
6,240.00
55,876.61
58,670.44
61,603.96
64,684.16
67,918.37
71,314.29
74,880.00
JOB TffLE
AadsaW City
ma=gcr
r: Tj
Inkrn/pan-Time
CITY OF DIAMOND BAR
(Proposed)
SALARY RANGES BY POSITION
1992-93
(4.0%)
UW A B C D
E
F
G
2855 28.55 29.97 31.47 33.05
34.70
36.43
38.26
4,948.15 5,195.56 5,455.34 5,728.11
6,014.51
6,315.24
6,631.00
59,377.84 62,346.73 65,464.06 68,737.27
72,174.13
75,782.84
79,571.98
7,600.00
91,200.00
A B C D
E
F
G
7.00 7.50 8.00 8.56 9.00 9.50 10.00
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: December 1, 1992 REPORT DATE: November 30, 1992
FROM: Terrence L. Belanger, City Manager
TITLE: Municipal Solid Waste Collection, Disposal and Recycling Contract
SUMMARY: At their November 17, 1992, Council meeting, the City Council directed staff to finalize the
franchise agreement with Western Waste Industries for the provision of solid waste collection, disposal and
recycling services within the incorporated City boundaries by incorporating both the public comments and those
comments received from the Chamber of Commerce into the franchise agreement. Accordingly, the Council
Subcommittee and staff have held several meetings with representatives of the Chamber of Commerce, Western
Waste Industries, and other interested individuals to discuss various issues related to this agreement and to
make necessary revisions. As a result of these meetings, staff has prepared a revised franchise agreement for
the Council's consideration. Since several modifications have been made to this agreement, content changes
are noted into identify additions, and strikeout to indicate deletions from the agreement.
RECONDdF.MATION:
It is recommended that the City Council approve and authorize the Mayor to execute the attached amended
agreement between the City of Diamond Bar and Western Waste Industries granting them 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.
LIST OF ATTACHMENTS:_ 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:
BY:
Terrence L. Belanger
City Manager
J
Tro Butzlaff
Assis to the City M er
XYes _No
_ Yes _ No
X Yes No
_ Yes X No
REVISED AGREEMENT
November 30, 1992
2 '` `":`.1 Addition to Contract
e" Deletion to Contract
TABLE OF CONTENTS
SECTION
PAGE
SECTION 1. GRANT OF EXCLUSIVE FRANCHISE FOR COMMERCIAL,
RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND
TEMPORARYBIN SERVICES ........................... 1
SECTION 2. DEFINITIONS ..................................... 2
SECTION 3. ACCEPTANCE: WAIVER...........5
...................
SECTION 4. FRANCHISE AREA ................................... 5
SECTION 5. SERVICES PROVIDED BY GRANTEE ..................... 5
SECTION 6. AB 939 ADMINISTRATIVE -FEE ........................ 9
SECTION 7. REIMBURSEMENT OF CITY EXPENSES ................... 9
SECTION 8. FAITHFUL PERFORMANCE DEPOSIT ..................... 10
SECTION 9. TERM: EXTENSIONS..........10
.......................
SECTION 10. FRANCHISE TRANSFERRABLE: CITY
CONSENT REQUIRED ................................. 11
SECTION 11. FRANCHISE TRANSFER: FEES ........................ 11
SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION ............. 11
SECTION 13. MEDIATION PROCEDURE .............................. 14
SECTION 14. CITY'S ADDITIONAL REMEDIES ....................... 15
SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY....... 16
SECTION 16. PRIVACY .......................................... 16
SECTION 17. REPORTS AND ADVERSE INFORMATION .................. 16
SECTION 18. PUBLIC INFORMATION AND EDUCATION ................. 18
SECTION 19. ANNUAL REVIEW:OF PERFORMANCE AND
QUALITY OF SERVICE ............................... 19
SECTION 20. SYSTEM AND SERVICES REVIEW ....................... 19
SECTION 21. COMPENSATION ..................................... 20
SECTION 22. COLLECTION EQUIPMENT ............................. 22
SECTION 23. PUBLIC ACCESS TO GRANTEE...........
SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS....... 24
SECTION 25. OWNERSHIP OF SOLID WASTE...... ................... 25
SECTION 26. INDEMNIFICATION AND INSURANCE .................... 25
SECTION 27. GRANTEE'S BOOKS AND RECORDS: AUDITS .............. 28
SECTION28. GENERAL PROVISIONS ............................... 28
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
EXHIBIT G MINIMUM CONTAINER SPECIFICATIONS
EXHIBIT H SOURCE REDUCTION AND RECYCLING ELEMENT INTEGRATION
PLAN
AGREEMENT BETWEEN TIIE 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 ("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(x)(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 becoming 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:
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
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
-- — --
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.
C. "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.
D. "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.
E. "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.
F. "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.
G. "Commercial Subscriber" means a subscrPaer 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
2
exist.
H. "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.
I. "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).
J. "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. "Frmehise "
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-."Gfess
"
fees paid to a
I -A1011
OP—ar-118
n mW
(6) the ffiffl--Own-f
le --
0- —.IWF bad
debts ine�
by the gramee or
in " eempulafmi
of gross
revenues
-.-
M. "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 mg., 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.
N. "Industrial Waste" means all solid waste and semi-solid waste which results from industrial
processes and manufacturing operations.
O. "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.
P. "Municipal Solid Waste" means all Solid Waste generated within the City which is designated
for collection under this Franchise.
Q. "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.
R. "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.
S. "Recycling Container" means a container delivered to residences covered by this Franchise,
for the temporary storage and collection of Recyclables.
T. "Residential Solid Waste" means all types of domestic garbage 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.
U. "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 ''mis'used by multifamily residences.
V. "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
W. "Scavenging" means the uncontrolled and unauthorized removal of recyclable materials.
X. "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.
0
Y. "Special Wastes" shall mean all the items and materials which are set forth in Exhibit "B,"
"Swdg Waste".
61V,, ! _4.Z, Z
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.
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.
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.
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 alterative to certain eligible
Residential Subscriber as defined in Section 21.
It 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
5
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 Collect=. 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. Commercia_1 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. Ile
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 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. Grantee shall, upon request, 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,
:1
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 Temoorary Bin/Rolloff Services. Grantee shall provide
construction and temporary bin/rolloff services using rates reflected in Exhibit
E. Collection on Ho idUs. If the day of collection on any given route falls on a
Holiday observed by the City or lawful disposal site to which refuse collected
within the franchise area is taken for disposal, or recycling facility to which
recyclables are taken, Grantee shall provide collection service for such route on
the next workday following such Holiday
unless otherwise provided for in Ordinance 2-90. The following holidays will be
observed:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day.
F. Recycling Program. The Grantee shall provide recycling services in the
Franchise Area in accordance with the terms set forth in Exhibit "C", and the
rates set forth in Exhibit "E."
G.
H.
Used. Motor Oil. Grantee, at Grantees' sole expense, shall puede-ene +0
have been placed at curbside and•-�e
additional charge to service recipients.
Yard WaQtP 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. "
WA
I. HoWU Tree Rwy Grantee shall collect, transport and recycle as mulch all
Holiday trees which are placed at the curbside, from all single family residences
within the City during the period beginning on the first Monday following
Christmas and ending on the third Monday in January.
J. Special Wastes. Grantee may, but is not required to, provide such collection,
transportation and disposal services for Special Wastes as set forth in Exhibit "B"
Grantee may provide such service for Special Wastes if contracted to do so by
customers under separate written contracts negotiated between Grantee and the
customer generating such Special Wastes. A schedule of fees for special waste
services shall be approved by the City Manager.
K.
Bulky Goods Pick -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, 4--w (-2}Omm�ree
designated locations withinmulti-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 area 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
M. Pic" of IlllegaUy DumWd 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.
8
N. Clean_ up of Waste Enclosures or Overflowing Bins, Grantee shall, at Grantees'
sole expense, clean out any overflowing bin or waste enclosure within twenty-four
(24) hours of notification by City. If the situation dictates and with the approval
of the City Manager, the Grantee may charge the customer for the actual costs
of clean up.
N
P. Sial 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.
ice.
�11*" • I izi. 11 3Vl .r • r we wx awwq
The Grantee shall, within thirty (30) days after execution of this Agreement reeeipEhe
, reimburse the City for its reasonable costs of granting this
0
Franchise to the extent not recovered by prepaid application fees, not to exceed Ten Thousand
Dollars ($10,000).
A.
Faithful Performance Deposit. Contemporaneously with the execution of this Franchise
the Grantee shall deposit the sum of i
for the faithful performance by Grantee
Franchise.
of all the provisions and obligations of this
(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.
A. The term of this Franchise shall be for a period of six (6) years, and shall commence on
, and expire on . Twelve (12) months prior
to the expiration date of the term of this Franchise agreement, the City, at the City's sole
option, may extended said agreement for one (1) year and six (6) months. If the City
does not extend the term of this agreement, than the City may terminate this agreement
at the completion of the six (6) year term, providing that Grantee be give written notice
of such termination at least twelve (12) months prior to the termination date. Such notice
shall serve as a "Notification of Termination" and the Franchise shall then remain in
effect for the balance of the six (6) -year term, unless earlier terminated for default or by
agreement of the Parties. In no event shall said term, including any extension thereof,
at any time exceed a total period of seven () years and six (6) months.
10
SECTION 10. FRANCHISE ANSFF.RRARLE' CITY CONSENT REQUIRFD.
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.
MMIMMIFUNNIUMN3
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 fees specified in this Franchise.
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
11
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.
(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
12
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.
(S) 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.
() 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.
(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
13
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.
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 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
14
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.
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.
15
TO—PERFORM
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 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.
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 R=rts, 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
16
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 AB 939 Administrative 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 R=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
$00" ift Iffldft
(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;
17
(h) Summaries of the number of service complaints by route, including the
date, nature of complaint, and how it was resolved.
C. Ad Hoc Rem 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 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 Reuort. 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.
A. Grantee shall design and implement, in conjunction with the City, a public information
and education program as set forth in Exhibit "F."
18
W21"VEOMB lel aM • g 9•
A. At City's sole option, within ninety (90) days of the first anniversary of the effective date
of this Franchise, and each year thereafter throughout the term of the Franchise, City
may hold a public hearing at which the Grantee shall be present and shall participate, to
review the Grantee's performance and quality of service. The reports required by this
Franchise regarding customer complaints shall be utilized as the basis for review. In
addition, any customer may submit comments or complaints during the review meetings,
either orally or in writing, and these shall be considered.
B. Within thirty (30) days after the conclusion of the public hearing, City shall issue a
report with respect to the adequacy of performance and quality of service. If any
noncompliance with the Franchise. is found, City may direct Grantee to correct the
inadequacies in accordance with Sections 12 above.
SECTION 20. SYSTEM AND SERVICES REVIEW.
To provide for technological, economic, and regulatory changes in refuse collection and
recycling, to facilitate renewal procedures, to promote competition in the refuse and
recycling industry, and to achieve a continuing, advanced refuse collection and recycling
system, the following system and services review procedures are hereby established:
A. At City's sole option, City Manager may hold an administrative hearing on or about the
second anniversary day of the Franchise at which the Grantee shall be present and shall
participate, to review the refuse collection and recycling system and services.
Subsequent system and services review hearings may be scheduled by City each two (2)
years thereafter. It is City's intent to conduct any system and services review
concurrently with any Annual Review of Performance and Quality of Service as provided
for in Section 19, above.
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,
19
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.
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 Fayy Residential Collection Dicrosal and &Mling
. Grantee shall charge the monthly fees set forth in Exhibit
"E" for each single family Residential Subscriber
(2) OPTION II Sinele FaM ily R Wlential Collection. DiWsai and Recy in
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)
secs snau oe in an amount approved by the City Manager.
20
(4) IndustriWffiolloff Container, Grantee shall charge the fee set forth in Exhibit
"E" for containerized services.
(5) SR=W 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 percentage rate as set forth in Exhibit "E".
('n Rede ive _ 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 DiVutes Regarding Rate Adi m n a. 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. , Billingan_ d Payment.
(1) Grantee will bill all customers for all services, whether regular or special.
Grantee shall provide itemized bills, distinctly showing charges for all
21
classifications of services, including the charges for late payment. The Grantee
shall designate that portion of a customer's bill attributable to the AB 939
Administrative 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.
54
t
"
•
(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. gig. 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
22
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
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
ofthe services under this Franchise as "DIAMOND BAR ECOSYSTEMS". This
name shall be used for all correspondence, billing statements, directory listings,
references, signs, vehicle identification, etc. The words "Owned and Operated
by Western Waste Industries" is authorized.
(4) Solid waste collection vehicles shall be washed at least once every seven (7)
calendar days.
(5) "Diamond Bar Ecosystems", a local or toll free telephone number, and vehicle
number shall be visibly displayed on all vehicles in letters and figures no less than
five inches (5") high. All refuse collection vehicles shall display the words
"Serving the City of Diamond Bar" in letters no less than eight inches (8") high.
All vehicles shall display the seal of the City of Diamond Bar, in a figure at least
twelve inches (12") in diameter.
(6) All vehicles, high visibility bins, rolloffs, earthquake/catastrophe
preparedness containers, and the residential container designated as the refuse
container shall display the following decal: "Reduce-ReuLjeRecycie: It's
Emaones' ReMadbility." 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: "ProMy of The City of 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 haus 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.
(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,
23
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.
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.
24
(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.
(b) Subject to the provisions of this Franchise, City, at the City's sole option, shall have
the right to retain any benefit and share with the Grantee 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 G OMMMIAM&M
, the City
and Grantee may negotiate a rate increase
..............:..
(c) All 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.
(e) 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.
(f) 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.
A. Indemnification of Cily. 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
25
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,
TERCLA', 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.
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
W.
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.
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 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 Cove Qe. 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. Modificatioa. 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
27
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.
A. Force 11 aieure. Grantee shall not be in default under this Franchise in the event that the
collection, transportation and/or disposal services of Grantee are temporarily interrupted
or discontinued for any of the following reasons: riots, wars, sabotage, civil
disturbances, insurrections, explosion, natural disasters such as floods, earthquakes,
landslides and fires, strikes, lockouts and other labor disturbances or other catastrophic
events which are beyond the reasonable control of Grantee. Other catastrophic events
does not include the financial inability of the Grantee to perform or failure of the Grantee
to obtain any necessary permits or licenses from other governmental agencies or the right
to use the facilities of any public utility where such failure is due solely to the acts or
omissions of the Grantee. In the event a labor disturbance interrupts collection,
transportation and/or disposal of refuse by Grantee as required under this Franchise, City
may elect to exercise its rights under Section 15 of this Franchise.
B. Independent Contractor. Grantee is an independent contractor and not an officer, agent,
servant or employee of City. Grantee is solely responsible for the acts and omissions of
its officers, agents, employees, Grantees and subgrantees, if any. Nothing in this
Franchise shall be construed as creating a partnership or joint venture between City and
Grantee. Neither Grantee nor its officers, employees, agents or subgrantees shall obtain
any rights to retirement or other benefits which accrue to City employees.
C. Pavement Damage. Grantee shall be responsible for any distress, other than normal wear
and tear, to City's driving surfaces (i.e., transverse cracking, alligator cracking,
Patching, rutting, etc.), whether or not paved, resulting from the weight of vehicles
providing refuse collection services at the location of bins and containers on public
28
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•y Daman. 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 Ems. 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 he
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 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
29
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 En 'rete. 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 "H" are attached to and incorporated in this
Franchise by reference.
(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. .
(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
30
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.
31
WITNESS the execution of this Franchise on the day and year written above.
Lm
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
32
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
33
oilvi,
�ls���
S"_W: J -
All portions of the City shown on the map attached as Exhibit A-1.
34
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.
35
A. Grantee agrees that it will cause at least twenty-five percent (25 %) of the waste stream
" eeHeeted 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 40
a 32 gal e" eeet—entef 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 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
36 -
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".
37
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 anadditional 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
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
38
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.
39
Company Billing
1. Semi -Automated Residential Collection, Disposal and Recycling Services:
A. Single Family Residences:
one (1) 100 -gallon container
OPTION I two (2) 18 -gallon container - $2,7--4 per month.
one (1) 64 -gallon container
OPTION H two (2) 18 -gallon container - $&D 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 Yazd 1 x week $45.75
3 Cubic Yard 1 x week
$53.00 $50.35
2 x week
$93.00 $88.35
3 x week
$133.00 $126.35
4 x week
$172.00 $163.40
5 x week
$21QQ $201.40
6 x week
$256.00 $243.20
6 Cubic Yard 1 x week $81.00 $76.95
2 x week $142.20 $135.09
3 x week $203.40 $193.23
4 x week $264.60 $251.37
5 x week $325.80 $309.51
6 x week $394.20 $374.49
*Note: Charges for other bins or services must be approved in advance by the
City Manager.
40
3. Recycling Services
Commercial/Multi-family (one 3 cubic yard bin - Monthly Rate)
1 x week $39.60
2 x week $67.50
Industrial/Rolloff 40, 10 cubic yard container
(Designated Items - Per Dropoff)
$130.00
4. 40 cubic yard Rolloff Container
$226.00
5. 10 cubic yard Rolloff/Lowboy Box
$258.00
6. Temporary Service (3 cubic. yard/ 1 pickup)
$65.00
7. Redelivery and Reinstatement Charge
$50.00
Annual Consumer Price Index ("CPI") and Tipping Fee Adjustment.
All rates in paragraphs E 1-7, above, shall be automatically adjusted to reflect changes
in the consumer price index and tipping fees (where applicable). The CPI adjustment
shall be made annually and such adjustment shall be effective as of the first day of July
of each calendar year. "CPI" adjustment, sha..b..,.e.,:.
equal to the amount derived by
multiplying the previous rate,
by (b) the Percentage increase
or decrease in the Consumer Price Index for all urban consumers within the Los
Angeles -Anaheim -River- side 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 lst. 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 tivaine fee 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,
41
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.
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.
S,,=66%
Example: ($9.74 x 66%) x 3.6% = $0.23 Rate Increase
(b) COMMERCIAL
Exhibit "E," paragraphs 2,3,6,7: (Rate x SB%) x CPI -U
Where "SB" is equal to the actual percentage share of service related cost.
SB=80%
Example: ($53.00 x 80%) x 3.6% = $1.53 Rate Increase
(c) INDUSTRIAL/ROLLOFF
Exhibit "E," paragraphs 4-5 (Rate x Sc%) x CPI -U
Where "Sc" is equal to the actual percentage share of service related cost.
Sc=56%
Example: ($226.00 x 56%) x 3.6% = $4.56 Rate Increase
(2) LANDFILL TIPPING FEE FORMULA:
(a) RESIDENTAL 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
42
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 Contain
$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
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 Comuostables: (4) fluctustiam in market nrie-P Mr ~vr-]PA MWM
43
KREW-
{ .T-�I Ir - _t Itll.-•I;r_Ti
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.
- .•�,=,, I •=,. MI UM'S-_tl
(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-Recvcle: It's Evervones'
Resnonslfiiilitv." 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.
11.M 9 I T •Tll•7 NT
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),
44
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. QV
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.
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. Evaluaition
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.
45
�1��1�� 1� • �M! � Irl .� I � � •
46
W _.
MISPICITIVZONURMI
A. Grantee shall divert, through a combination of source reduction, recycling, and
composting programs as identified in the City's Source Reduction and Recycling
Element (SRRE) and incorporated herein, twenty-five percent (25 %) of the City's
waste stream by January 1, 1995, and if this Franchise remains in effect until
January 1, 2000, fifty percent (50%) by January 1, 2000. Grantee agrees that it will
expend all funds reasonably necessary to design, develop, and provide the equipment
necessary to implement such programs as identified herein and that City shall not be
required to expend any funds whatsoever in regard thereto.
B. If a shortfall exists, the Grantee agrees that it will cooperate, participate and consult with
City to implement contingencies measures as identified in the City's Source Reduction
and Recycling Element (SRRE) and incorporated herein.
47
AGENDA ITEM NO. 8.5
NO DOCUMENTATION AVAILABLE
REPORT AVAILABLE AFTER 3:00 P.M.
MONDAY, NOVEMBER 30, 1992
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MREPORT DATE: November 23, 1992
MEETING DATE: December 1, 1992
FROM: Bob Rose, Director of Community Services
TITLE: Needs Assessment For Diamond Bar Seniors
SUMMARY: The City of Diamond Bar is planning to establish a senior citizen program at the Heritage Park
Community Center, upon the completion of its construction. The Needs Assessment for Diamond Bar Seniors
is a tool with which planning for senior programming can begin.
RECOMMENDATION: The Parks and Recreation Commission and the City Council Senior Sub -Committee
recommend that the City Council authorize distribution of the Needs Assessment for Diamond Bar Seniors and
appropriate $900 to obtain mailing labels and to mail the needs assessment directly to the 2,643 households
identified as having at least one adult over the age of 60 years in residence.
LIST OF ATTACHMENTS:X Staff Report —
Public Hearing Notification
_ Resolution(s) Bid Specifications (on file in City Clerk's Office)
_ Ordinances(s) X Other Nob Assessment Form
— Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
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? Majorityes
3. Has environmental impact been assessed? —
4. Has the report been reviewed by a Commission? X Yes
Which Commission? Parks and Recreation Commission
Yes
5. Are other departments affected by the report? —
Report discussed with the following affected departments:
REVIEWED BY:
1 ` a
Terrence L. Belanger
City Manager
Bob /2Rose
Director of Community Services
X No
— No
X No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 1, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Needs Assessment For Diamond Bar Seniors
ISSUE STATEMENT
The City of Diamond Bar is currently building a community center at Heritage
Park, which will house services and recreation activities for senior
citizens. Distribution of a Needs Assessment for Diamond Bar seniors will
provide the data necessary to make programming decisions that are necessary
for the opening of the community center.
RECOMMENDATION
The Parks and Recreation Commission and the City Council Senior Sub -Committee
recommend that the City Council authorize distribution of the Needs
Assessment for Diamond Bar seniors and appropriate $900 to obtain mailing
lables and to mail the Needs Assessment directly to the 2,643 households
identified as having at least one adult over the age of 60 years in
residence.
FINANCIAL SUMMARY
Cost of mailing the needs assessment to Diamond Bar seniors is not currently
included in the 1992/93 budget. Therefore,
funds
and obtaining theng mailing
will
require an appropriation of $900 for postage
labels.
BACKGROUND/DISCUSSION
The City Council Senior Sub -Committee, Mayor Kim and Councilman Werner, and
the Parks and Recreation Senior Sub -Committee, Vice -Chairperson Plunk and
Commissioner Medina, have been working to develop a senior citizen program
for the City of Diamond Bar. The program will be housed in the Heritage Park
Community Center, which is now under construction. With the research
completed thus far, the sub -committees have found that Diamond Bar is
eligible to compete for Title III Older Americans Act (OAA) funding, which
becomes available July 1, 1994. There are several services that qualify for
funding, and they are listed on the Needs Assessment Form. It is the goal of
the sub-committeesorttermri o longve feedback from term plans may be theseniors
with nthe regardcommunity
m o lthese
that short term g
potential services.
Since the Title III OAA money does not become available until July 1994, it
is expected that a basic senior programlIII edAinfunds iscal year
1993/94. The basic program can be enhanced as Title
1
Page Two
Needs Assessment
December 1, 1992
available. Needs Assessment results will be used to determinethetypes of
programs with which to establish the basic senior citizen program.
In order for the Needs
i mond Barto
t o be effective, it must be available to
all of the seniors in D Complete. The most eff cient method of
it
distributing the NeedsAssessments 2e 643e households seniors
Diamond Bar 1 that d have directly
their home. There , e of 60 years in
identified as having at least one adult over the age labels and to
residence. It will cost approximately $900 to obtain mailing
mail the Needs Assessment to each of these homes.
Prepared By:
Bob Rose
Director of Community services
2
CITY OF DIAMOND BAR
COMMUNITY SERVICES DEPARTMENT
Purpose: The Heritage Park Community Center iDiamond scheduled
for
is
completion in July 1993. The City rams to offer for
making plans now for the types of programs
Diamond Bar seniors at HeritagePark Community nter
Your input will assist greatlyin the planning process.
If you have any questions about the survey, or would
prefer to provide your input over the telephone, please
feel free to contact Diamond Bar Community Services at
(909) 396-5694.
1. Age Group (Circle one)
A. 54 or under G. 75-79
B. 55-59 H. 80-84
C. 60-61 I. 85 years or over
D. 62-64
E. 65-69
F. 70-74
2. Are you a resident of Diamond Bar?
Yes No
3. if offered in Diamond Bar, which of the followingices
would you use or participate in? (Please prioritize
numbering your response i through 10, 1=highest priority,
2=next highest priority, stc.)
Daily lunch program at Senior Citizen Center
Home delivered meals (ie: Meals on Wheels)
Bus transportation throughout Diamond Bar region
Senior employment programs for low-income seniors (55+)
Legal services program for seniors
Nursing home complaint investigations
Opportunities to volunteer your time in the community
Senior companion program
Day trips by bus to amusement/cultural attractions
Overnight bus trips for 3 to 4 days
Recreation activities (Please prioritise by numbering your
response i through 7, 1=highest priority,
priority, stc.)
Arts & Crafts Dancing Instruction
Exercise Board Games
Active Sports Bingo
Music
other services desired that are not listed above:
4. What type of transportation do you usually use?
A. Own auto
B. Ride with friend/relative in their auto
C. Bus
D. Dial -A -Ride
E. Taxi
F. Walk
G. Other
(Please list)
5. Would you like information mailed to you as services for
seniors become available in Diamond Bar? Yes
No
If yes, complete the following:
Name•
Address•
City: Zip:
Phone:( )
6. Check here if you would like to serve on a Committee
0 to bring Senior Services to Diamond Bar. (If so, be
sure to list name and phone number above.)
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Honorable Mayor and Members of the City REPORT DATE November 25, 1992
ncil
MEETING DATE: December 1, 1992
FROM: Terrence L. Belanger, City Manager
TITLE: Establishment of an Economic Development Strategic Task Force
SUMMARY: The City Council recently received the final draft of a business retention plan from the
plan discusses in the report was the completion of a
Magellan Group. Among the recommendations the retention
business survey and the establishment of an Economic Development Strategic Plan Task Force. At the Council
meeting of November 17, 1992, the Council approved participation in the San Gabriel Valley Business Survey. The
creation of an Economic Development Strategic Plan will use the business demographic data generated by the
Business Survey for foundational information for an Economic Development Strategic Plan. The formation of an ad
hoc task force to study and recommend elements of an Economic Development Strategic Plan is necessary and
appropriate at this time. Such an ad hoc task force would be comprised of Council, Commission, business and
community members.
RECOMMENDATION: It is recommended that the City Council direct staff to prepare an organization plan for
the establishment of an Economic Development Strategic Plan Task Force.
LIST OF ATTACHMENTS:— Staff Report
_ Resolution(s)
— Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
— Bid Specification (on file in City Clerk's Office)
Other
1. Has the resolution, ordinance or agreement been reviewed — Yes —
No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Yes _ No
3. Has environmental impact been assessed? -- No
4. Has the report been reviewed by a Commission? _, Yes —
Which Commission? Yes No
5. Are other departments affected by the report? —
Report discussed with the following affected departments:
RE EWED BY:
Terrence L. Belanger
City Manager
CITY OF DIAMOND BAR AGENDA NO._�
AGENDA REPORT
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 1, 1992 REPORT DATE: November 23, 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.
ide
anagement
SUMMARY: Implementation of the General Plan necessitynd the e ofration of the Interim establish permanent standards for hillside
Ordinance [Ordinance No. 14-B(1990)] create the
development. The intent of Zoning Code Amendment No, 92-2 of otheto rehtillsidesommunities and has been
development. The Interim Ordinance was drawn from experiences format of the proposed
utilized by the Diamond Bar development community for two
oyearand uses. The of the provisions contained
ordinance reflects a desire o improve the community's understanding .+to
therein. Content changes from the Interim Ordinance are i ; ew of the ordinance on Octobentify new material, and r 26,
identify deletions. The Planning Commission concluded Public
and recommends adoption.
RECOMMENDATION: Staff recommends that the City Council approve and adopt by first reading the Hillside
Management Ordinance No. 92 -XX.
LIST OF ATTACHMENTS: X Staff Report —
Public Hearing Notification
Resolutions _ Bid Specification (on file in City Clerk's Office)
_
�Ordinances(s)
_ Agreement(s)
X Other
EXTERNAL DISTRIBUTION: NOTE: copies of the Draft Ordinance are available for public review at
City Hall.
SUBMITTAL CHECKLIST: X Yes _ No
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney? MAJORITY
2. Does the report require a majority or 4/5 vote? X Yes — No
3. Has environmental impact been assessed? Yes _ No
4. Has the report been reviewed by a Commission? PLANNING COMMISSION
Which Commission? X Yes _ No
$ . Are other departments affected by the report?
Report discussed with the following affected departments: ering, Building &Safety
L. Belanger
City Manager
kDeseStefano
Community Devel pment Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 1, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
Zoning Code Amendment No. 92-2; Consideration of a Hillside
SUBJECT: Management Ordinance (HMO) to establish permanent standards
for hillside development.
ISSUE STATEMENT: 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
sif Zoning Code Amendment
for hillside development. The intent standards for hillside
No. 92-2 is to revise the existing
development. The Interim Ordinance was drawn from experiences
en utilized by the
of other hillside communities and has beyears. The revised
Diamond Bar development community for two y
format of the proposed ordinance reflects a desire to improve
of ns
the community's understanding and C mmissiont concluded he lits
contained therein. The Planning 1992 and
public review of the ordinance on October 26,
recommends adoption.
RECOMMENDATION: Staff recommends that the City Council approve and adopt
by first reading the Hillside Management Ordinance No. 92 -XX.
ent adoption of the City's first General
BACKGROUND: As a result of the rec
tion of the City's Interim
lan, and the expirahillside
Management Ordinance [Ordinance No. 14-B(1990)],
grading and development standards for properties
for tPlanning
in excess of ten percent have been prepared ted General Plan
Commission and City Council review. The adopted
contains several policy statements regarding the development
of hillsides. eso
ot
ertandardsfor applicationby
us1OenthecStaffl,
adequate police
Commission or Council.
The County Code (which was adopted by the City) requires a
Conditional Use Permit on hillside sites which contain slopes
in excess of 25%. The code also contains a general statement
of purpose, calling for protection and enhancement of the
natural topography, resources, and amenities of the hillside
management areas, while allowing for limited, controlled,
development therein.
When adopted in October 1990, the Interim Ordinance was
intended to provide the City with an opportunity to review the
future of our t the benefit of cleares. several poli yent rojects guidanceerfrom
process without
which to evaluate the proposals.
The Interim ordinance was drawn from the experience d by he Diamond Bar
hillside communities and has beenears. to comments
development community for two y ission at previous public
received from the Planning Comm
is
hearings, additionalanalysis, staff The revised mvised ord ordinance lhascbeen
attached for consideration.
prepared with the assistance of Mr. Horst Schor acting as a
City consultant for the development of this ordinance. Mr.
snd reegetation
chor is an originator of landform gradin ro proposed vordinance
concepts. The revised format of the p P
reflects a staff desire to improve the of the provisions ons contained dpment mtherein.
understanding and k to
Content changes from th andte'-im ordinance
identify eget ons.
identify new material,
The final Planning Commission revisions typewriter
avto incorporated
within the document as represented by yPe
The ordinance contains fairly specific stanch ds and
guidelines, so that there is a consistent p
to
evaluate each project. The ordinance relies heavily upon
graphics to illustrate its intent.
The intent of the proposed osed ordinance is to permit development
on hillsides and provide clear policy guidance with which to
evaluate development proposals. The ordinance outlines the
form development takes, not the density. The guidelines and
standards promote a respect for the natural terrain,and development
grading, significant ridgeline protection,
that blends into the hillside. Development must utilize
landform grading and revegetation techniques.
Hillside development has typically incorporated massive
reshaping of the natural setting. Mass grading produces
products with large,
flat surfaces and a linear, angular
on the slope surfaces of
appearance. Landscaping cts are typical monotonous.
conventionally graded projeslope
Landform grading utilizes non-linear alignment, varying
gradients with concave and convex shapes. Reatteesns. is
technique which mimicsaturalilandscaping
n valleys where water is
and shrubs are positioned
concentrated.
through the
The proposed ordinance has been revisedears. Changes to the
experiences gained over the last two y
Ordinance are not oflthefor original Interim not
Hillside Management
etract from the
purpose and intent
Ordinance.
The most significant issue before the Planning Commission was
to determine whether or not the regulations should included a
slope density formula.
Assuming that the intent of the ordinance (as contained in the
development standards and the accompanying drawings)
rigorously maintained, then the slope density formula which
regulates density by degree of slope, is not essential. The
Planning Commission concluded that site characteristics,
environmental constrains, the General Plan and the City
development review authority will ultimately control density
on a given site.
PREPARED
14 411
JAe"i DeStef a&A-
Attachment: 1. Hillside Management Ordinance
2. Planning Commission meeting minutes of July 27, 1992,
September 28, 1992, October 12, 1992 and October 26, 1992
3. PC Resolution No. 92-25
4. Magazine article entitled Hills Like Nature Makes Them
from the Urban Land Institute, March, 1992.
5. Draft City Council Ordinance
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNiCIL OF THE CITY
OF DIAMOND BAR ADOPTING A HILLSIDE MANAGEMENT
(GRADING) ORDINANCE AND MAKING TINDINGS IN
SUPPORT TNERSor.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the
State of California and, on that date, the City Council adopted,
by reference, the Los Angeles County Code as the ordinances of
the City, including Title 22 thereof pertaining to Planning and
Zoning Regulations for the City of Diamond Bar.
(ii) On October 16, 1990, the City Council enacted its
Ordinance 14 (1990), pursuant to California Government Code §
65858, to establish policies, standards, techniques and
requirements for grading activities in hillside areas of the
community. Said Ordinance No. 14 (1990) was subsequently
extended pursuant to California Government Code § 65858.
(iii) During the pendency of the interim ordinance,
City staff has conducted a review and analysis of the management
of hillside areas which would conform to the goals and objectives
of the General Plan pursuant to Ordinance No. 4 (1992), further
the beneficial interests of the City and satisfy the objectives
and intent of the General Plan. Staff's work product was
reviewed and approved by the Planning Commission of the City of
Diamond Bar at its regularly scheduled meeting of October 26,
1992. The Planning Commission has recommended that the City
1
0
Council adopt the Hillside Management ordinance as set forth
herein.
(iv) The City Council desires to adopt the Hillside
Management Ordinance as discussed hereinabove.
(v) This Council has conducted, and concluded, a duly
noticed public hearing with regard to the Hillside Management
ordinance.
(vi) All legal prerequisites to the adoption of this
Ordinance have occurred.
B, Orainanae.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does ordain as follows:
saatioa,&s In all respects as set forth in Part A,
Recitals, hereinabove.
section 1: The City Council hereby finds and
determines that the adoption of this Ordinance is categorically
exempt from the requirements of the California Environmental
Quality Act of 1970, as amended, and the Guidelines promulgated
thereunder pursuant to § 15308 of Division d of Title 14 of the
California Code of Regulations.
$Qation 2e The City Council hereby adopts the Hillside
Management Ordinance to read, in words and figures, as set forth
in Exhibit "A" attached hereto and incorporated herein by
reference.
2
809tion S: The City Council hereby declares that
should any provision, section, paragraph, sentence, or word of
this Ordinance be rendered or declared invalid by any final court
action in any court of competent jurisdiction, or by means of
preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words of this Ordinance shall remain
in full force and effect.
Section 6: It shall be unlawful for any person, firm,
partnership, or corporation to violate any provision or to fail
to comply with any of the requirements of this Ordinance. Any
person, firm, partnership or corporation violating any provisions
of this Ordinance or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding one
thousand dollars ($1,000.00), or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each and
every person, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every day or any
portion thereof during which any violation of any of the
provisions of this Ordinance is committed, continued or permitted
by such person, firm, partnership or corporation, and shall be
deemed punishable therefor as provided in this ordinance.
800tion 6: The violation of any of the provisions of
this ordinance shall constitute a nuisance and may be abated by
the City through civil process by means of restraining order,
3
preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisances.
800&ion Z: The City Clerk shall certify to the
adoption of this ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution 89-6B.
1992.
ADOPTED AND APPROVED this day of
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do he certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of 1992
and was finally passed 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:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
N 11011 %HNOOitD108 6.6.1 4
RESOLUTION NO. 92-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPT AN ORDINANCE WHICH ESTABLISHES
HILLSIDE DEVELOPMENT AND MANAGEMENT REGULATIONS (CASE NO.
ZCA 92-2)
A. Recitals.
(i) The City of Diamond Bar has determined that the
existing development standards applicable to hillside development
in the City of Diamond Bar fail to provide standards suitable and
appropriate for the City. The existing Los Angeles County Code
standards allow for the development and placement of hillside
development of which the site planning, grading, drainage,
landscaping and architectural characteristics contribute to
deleterious conditions within the City.
(ii) The City Council has charged the Planning
Commission with development of Hillside Management and Development
Standards which constitute and establish for the City standards
which satisfy the aspirations and expectations of Diamond Bar.
(iii) The Planning Commission has reviewed the Hillside
Management and Development Standards at public hearings. The
Commission has duly considered public testimony presented at the
hearings, as well as technical analysis provided by City Staff.
(iv) The Planning Commission, after due consideration
of public testimony, staff analysis and the Commission's
deliberations has determined that the Hillside Management and
Development Standards attached hereto as Exhibit "A": and
1
incorporated by reference into this Resolution satisfy and
exemplify the goals and needs of the community. The Planning
Commission has duly considered the issues related to a balanced
Hillside Management Ordinance so as to provide maximum benefit and
minimum detriment to the community.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
BE IT RESOLVED by the Planning Commission of the City of Diamond
Bar as follows:
1. In all respects as set forth in paragraph A, Recitals,
as set forth hereinabove.
2. The Planning Commission hereby recommends that the City
Council adopt the Hillside Management and Development standards
for the City of Diamond Bar attached hereto as Exhibit "A" and
incorporated herein by reference. Such Ordinance deletes the
existing conflicting standards set forth in the Los Angeles County
Code as adopted by the City of Diamond Bar.
3. The Planning Commission finds and determines that the
ordinance proposed by this Resolution is categorically exempt from
the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
pursuant to Sections 15307 and 15308 of Division 6 of Title 14 of
the California Code of Regulations.
4. The Planning Commission finds and determines that there
is a substantial probability that such project will not be
2
detrimental to or interfere with the General Plan adopted by the
City Council of the City of Diamond Bar and that such project is
consistent with the General Plan as adopted by the City.
5. the Secretary of the Planning Commission is hereby
directed to certify to the adoption of this Resolution and is
further directed to promptly submit recommended Hillside
Management Ordinance to the City Council for their review and
consideration.
PASSED, ADOPTED AND APPROVED THIS .6 _ of October, 1992.
/S/ Bruce Flamenbaum
Chairman
I, James DeStefano, Secretary of the Planning Commission of the
City of Diamond Bar, do hereby certify that the foregoing Resolu
tion was passed, adopted and approved at a regular meeting of the
Planning Commission of the City of Diamond Bar held on held on the
26 of October, 1992, by the following vote -to -wit:
AYES: [COMMISSIONERS:] Flamenbaum, Grothe, MacBride
NOES: [COMMISSIONERS:] Meyer
ABSTAIN: [COMMISSIONERS:]
ABSENT: [COMMISSIONERS:] Li
CWSi RESOLD UM SIDE
/S/ James DeStefano
Secretary to the Planning
Commission
3
Jf��f�j;j Fill)
f EXHIBIT ��p�l�' � �:�:Q)); f ; r ljl),j�--1
����
J�� _,
CITY QF DIAMOND BAR HILLSIDE MANAGEMENT ORDINANCE �JU J
Section 1. Statement of Purpose
The purpose of this ordinance is:
a. To preserve and protect the views to and from hillside areas in
order to maintain the identity, image and environmental quality of the
City of Diamond Bar;
b. To maintain an environmental equilibrium consistent with the native
vegetation, animal life, geology, slopes, and drainage patterns;
C. To facilitate hillside preservation through appropriate development
standards and guidelines of hillside areas. The guidelines are not
intended to be strict standards, but rather to provide direction and
encourage development which is sensitive to the unique charactetistics
common to hillside properties, which include, but are not limited to
slopes, land form, vegetation and scenic quality. Innovation in design
is encouraged as long as the end result is one which respects the
hillside and is consistent with the purposes expressed in this section
and in the goals and objectives of the General Plan;
d. To ensure that' development in the hillside areas shall be
conceIntrated in thosq areas with the least environmental impact and
shall be designed to fit the existing land form;
e. To preserve significant features of the natural topography,
including swales, czrnyons, knolls, ridgelines, and rock outcrops.
Development may necessarily affect natural features by, for example,
roads crossing ridgelines. Therefore, a major design criterion shall be
the minimization of such impacts;
f. To provide a. safe means of ingress and egress for vehicular and
pedestrian traffic to and within hillside areas, with minimum
disturbance to the natural terrain;
g. To correlate intensity of development with the steepness of terrain
in prder to minimize"grading, removal of vegetation, land instability
and fire hazards; ;
h. To provide in hillsides, alternative approaches to conventional
flat land development practices by achieving land use patterns and
intensities that are consistent with the natural characteristics of hill
ares such as slopes, land form, vegetation and scenic quality; and
i. To encourage the planning, design and development of home —sites
that provide maximum safety with respect to fire hazards, exposure to
geological and geotechnic hazards, drainage, erosion and siltation, and
materials of construction; provide the best use of natural terrain; and
to prohibit development -,:�a� 1-a-ZE will create or increase fire, flood,
slide, or other safety hazards `two ,public health, welfare, and safety.
Revised 10/23192
1
8. Land areas containing significant archaeologic or
historic site 1.7
Section 6. I j \
Other provisions Df this subsection to the contrary notwithstanding,
lots of record as of the date of adoption of this Ordinance shall be
entitled do a inil1ppum Q one dwe n u i�� S�n� 1 � 11 n unit development
shall be administered n conjunction wih the prov�s1o2s o1.Ctiapte� 12.72 ofe Diamond Bir
Municipal C�de #rdince 1x�oo' 5 99p ) Development Review)
ec on . Ada a ration
Section
This Ordinance shall be administered in conjunction with the provisions
of Chapter 22.56 of the Diamond Bar Municipal Code. Where a conflict or
inconsistency exists the more restrictive regulation shall apply.
...::..:..
.:<.,>�:...........«:�.,..,:..u.::,:._.......yw..............
Section a. Hillside Management Standards and Guidelines
The Hillside Management Standards and Guidelines are intended
to ensure the appropriate management of hillside areas. The Standards
are requirements for the use, development, or alteration of land in
Hillside areas. The Guidelines are to be utilized to provide direction
to encourage development which is sensitive to the unique
characteristics common the hillside properties. -The --ir e-Oar--the--
--Guideliaea-ia.#.o prvtec�mx3at3,ng-til-le-ides-aed ta-elnoet�age-#m�o*�at�orr---
--t.a the _Axt-ent-mat--L&, the GAd
--and-d-s--conaisteAt-- itii._the_-3ea7,s.-amd-po13,e�es -off-t#ie--Ar faa�cseT The
Guidelines shall be used by the Planning Co4mission and the City Council
in evaluating those development proposals for which it is proposed to go
beyond the minimum standards herein specified.
Exceptions to the standards specified herein may be approved,
pursuant to the Conditional Use Permit process, when the
etermines
that such exceptions are no ma era y n ur ous o e intent of
the standards and guidelines set forth herein.
In ranting,any such except
ion, the apprev4my
� <>: M.
0 shall set forth appropriate nc ings
ac s supporting its determination.
------------
:.,. e P ann n Commission "` • N, .:
=Ordinance,
a eerai
en orcemen o e prow s ons o for parcels which
may be too small and of a configuration which would create a
hardship provided that a variation from the strict application of
the Code be accompanied by reduction in the maximum permitted
density to the extent deemed necessary to maintain the intent of
the Ordinance. The Gemissien may Vftj the standards
Variations may include modification of the setback requirements to
achieve clustering of development on the parcel, in order to
maintain grading, drainage, siting and circulation objectives of
the Ordinance; except that residential structures shall be sited
Revised 10123192
expressed as a ratio of horizontal distance (run) to vertical
distance (rise), or change in elevation. The percent of any given
slope is eteined by dividing the rise by the run, multiplied by
100.' W7—
SLOP
A manufactured slope consisting wholly or
partially of.either cut or filled material.
SLOPE TRANSITION: The area where a slope bank meets the natural
terrain or a level graded area either vertically or horizontally.
PROMINENT RIDGE: A ridge or hill location which is visible from a
major arterial, secondary, or collector street, which forms part of
the skyline or is seen as a distinct edge against a backdrop of
land at least 300 feet horizontally behind it, or is so designated
by the Planning Commission or City Council
5 Revised 10123192
OP,
11 Z
..... . . . . . .
................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1nb -0
.. .. . ......
Revised 1012311
11
�n)
u
141
:
B. Slope Categories
The following are standards for hillside slope categories to ensure
that development will complement the character and lietopography
� limited
of
the land. The standards for one category may when a project is
portions of the property in an adjacent category
developed on property in more than one slope category.
Moue Category t Natulo1. Slope
site Standards
1, 10 to 14.9 Special hillside architectural and
design techniques that minimize
grading are required in this Slope
Category.
2. 15 to 19.9 Structures shall conform to the
natural topography and natural grade
by using techniques such as split
level foundations of greater than 18
inches, stem walls, stacking and
clustering. Conventional, grading
may be considered by the city for
limited portions of a project when
its plan includes special design
Revised 10/2M
9
Do 7FF
."J" 1 1 J
L
L -J '! !-�
Grading - L
The follQwing standards define basic grading techniques which are
consistent with the ordinance and avoid unnecessary cut and fill.
Limitations on project grading amounts and configurations will be
I decided on a -case-by-case basis under the conditional use process
-t . . ...................... ---------- -
9 M-
13
Revised 10123192
F SINGLE FAMILY GRADING.
CONVENTIONAL GRADING
LANDFORM GRADING
1
PLAN VIEW
Revised 10123192
15
e. No point on any structure subject to the provisions of
this Section shall be closer to a prominent ridge than
one hundred (100) feet measured horizontally on a
topographic map or fifty (50) feet measured vertically on
a cross section, whichever is more restrictive. And in
no case, shall the roof line or any other portion of a
structure extend above the line of sight between a ridge
line and any public right. of way, whether said ridgeline
is above or below the right of way.
-€. Lot pad grading is limited to the boundaries of the
structu e's foundation, vehicle parking space and a yard
area as�shown on the approved grading plan.
h. Retaining walls associated with lot pads are limited to:
Upslope (from the structure) walls not to exceed
four (4) feet in height. Terraced retaining
structures may be utilized which are separated by a
minimum of three (3) feet and appropriate
landscaping.
Revised 10/23192
19
%7 ^
�JL
Standards
J , J Uu��
a. No finished slopes greater than fifty percent (50% or
2:1) may be created except beneath a structure where the
maximum created slope is limited to sixty-seven percent
(.67$ or 1h:1) or less.
5
h. Grading shall be phased so that prompt revegetation or
construction will control erosion. Where possible, only
those areas which will be built on, resurfaced, or land-
scaped shall be disturbed. Top soil shall be stockpiled
during rough grading and used on cut and fill slopes.
Revegetation of cut and fill slopes shall occur within
three (3) months to the satisfaction of the City.
*`
e. Grading operations shall be planned to avoid the rainy
season, October 15, to April 15. Grading permits shall
only be issued when a plan for erosion control and silt
retention has been approved by the City Engineer without
regard to time of year.
?3'
d. No excavation or other earth disturbance shall be
permitted on any hillside area prior to the issuance of
a grading permit with the exception of drill holes and
exploratory trenches for the collection of geologic and
soil data. These trenches are to be properly backfilled
and in addition, erosion treatment provided where slopes
exceed twenty (20) percent.
e. No point on any structure subject to the provisions of
this Section shall be closer to a prominent ridge than
one hundred (100) feet measured horizontally on a
topographic map or fifty (50) feet measured vertically on
a cross section, whichever is more restrictive. And in
no case, shall the roof line or any other portion of a
structure extend above the line of sight between a ridge
line and any public right. of way, whether said ridgeline
is above or below the right of way.
-€. Lot pad grading is limited to the boundaries of the
structu e's foundation, vehicle parking space and a yard
area as�shown on the approved grading plan.
h. Retaining walls associated with lot pads are limited to:
Upslope (from the structure) walls not to exceed
four (4) feet in height. Terraced retaining
structures may be utilized which are separated by a
minimum of three (3) feet and appropriate
landscaping.
Revised 10/23192
19
NOT THIS
THIS
l.ar9er rnenufactured slopes ghoul `y
be legated on the uphill side el 11.
structure 10 reduee the a •�7 •Ar. �„�'
►plaranee ( `
/t 91`1141199
r� 9 from the street retaining walls :maybe used � suede
1
Slopes should be rounded 1e
1
-r pre'rrde a more natural
� appurane•
Street
• N
Retaining walls are limited to one upslope (from the
structure) not to exceed 4 feet in height. Otherwise,
terraced retaining structures shall be utilized which are
separated by a minimum of 3 feet and appropriate landscaping.
Retaining walls hidden by structures may be permitted.
THIS
��,Ir� ►1 �
(also see Figure 17)
NOT THIS
4^�
i a• man
Revised 10123192
21
'L
U 1L�1� Ll
rAetJtn the yr
THIS — — — _ l el lh• naturinailealaottY•
Over. •Inphasiaed ••rile al
�- ---- _ _- - NOT THISatrVCtVle9 disrupt lne natural
/ s"1'"' to Of the hillaid•
r
a. Where cut or fill conditions are created, slopes would be varied
rather than left at a constant angle which may be unstable or
create an unnatural, rigid, "engineered" appearance.
Varying cut or fill Bios• creates
a more natural appearance
Mot this 1
This 1
23 Revised 10/23/92
manufactured slopes adjacent to roadways � L_
THIS
variety in
undulating $h
Oank creates
pleasing
roedseap
25
NOT THIS
/Sifsight
I/
mope bank
heightens
menetony at road
nay landscape
Revised 10123192
. 1: VLITID iT �� D tt
J
THIS
Er, i IDD � C.% I1 7 U JI(��'
II
Ll U U
NOT THIS
Small irr.gular born accentual.,
the top or the slope
Variety in \� !
:,1000 bank, `.,� �N>•1>hM
gading ��` Landscaping
creates a \ �•�.v� �1�ae e.ntuates Oraina f
natural appfaranc �t'% .j j �,� contour unoulaljon ♦�\\\� features
more r.semblings ' become
nature \ very visible
1 ;Lru" Engineered slop*\\\�
Orainag• ' t ban'ka look forced !
\
Obscures are and unnatural
\ \ _ i
ObsCY►f0 \ �
Us* of radii and un.ven slopes Use of angles and uniform stapes
1.
Revised 10123192
27
B. Guidelines.
1. Where possible, drainage channels should be placed in
inconspicuous location, and more importantly, they should
receive a naturalizing treatment including native rock,
colored concrete and landscaping, so that the structure
app4ars as an integral part of the environment.
CJ
� � _"• ��s . � • • g' yam.- • • . 7 .:
.♦ �~ - t ..=Zit �,•.+-Y" •n.;
2. Natural drainage courses should be preserved and enhanced to
the extent possible. Rather than filling them in, drainage
features should be incorporated as an integral part of the
project design.
section X36. Access and
A. standards.
1. Driveway grades up to a maximum of twenty (20) percent are
permitted, and shall be aligned with the natural contours of
the land. Proper design considerations shall be employed,
including such items as vertical curves and parking landings.
In any case, parking landings shall be utilized on all drives
over ten (10) percent grade.
ease of not mme than ten (&9) feet may have a sispe et
two' -two ate—i9ereent:
3. Grooves for traction shall be incorporated into the
construction of driveways with a slope of twenty (20) percent
or greater, a coarse paving matter into the construction.
a #. Where retaining walls are necessary adjacent to roadways or
within street setbacks, they shall be limited to three (3)
feet in height in order to avoid obstruction of motorists' and
pedestrians' field of view, and to create an aesthetically
pleasing streetscape. No more thatthree (3), three (3)
foot high terraced or stepped re"arning walls shall be
utilized which are separated by a minimum of three (3) feet
and appropriate landscaping. Slopes net greater than fifty
(60) pereen% (or l be permitted upon review arra
approval by the Fire Harshallo
Revised 10/23192
29
Fide::; 1
THIS
! ' A•dute grading by
! aligning 104142 along
natural grades
NOT THIS
Roads and 11illsids grading
Avoid running counter
to 4110•0 grapes
No parking
Stabilize and reforest
distributed banks
slope Separate sidewalk
• 'Stoop
Parking bs
I I
Split section Roadway
Stoop slopes
Possible trail Sidowalk
I� Roadway
Fiattar slope
Revised 10123192
31
"sties
Trails are an integral part of a hillside area and provide
recreation areas for equestrian, hiking and biking uses. They can
also function as a means to take up grade or to convey drainage.
In hillside areas, it is not always necessary to provide full
improvements- for trails. A more natural experience may be
achieved, and the amount of grading required can be reduced, by
providing minimal improvements in appropriate areas, such as
undevelopable, steep slopes.
33
Revised 10123192
3. Projects should incorporate variable setbacks, multiple
orientations and other site planning techniques to
open spaces, protect natural features and offer views reserve
residents.
THIS '�-.� _
NOT THIS "
A. Standards.
1• The building envelope for all structures shall be as follows:
a• DOw h i 1 7 Lot -for a finished grad
- A maximum/h ight of thirty-f�fve (35) feet
as measured from natural\grade at the front setback,
extending towards the rear of the lot. The maximum height
at the side setbacks shall be tweet�!�,
up to the center of the lot at a fott�� feet extending
angle to a maximum height of thin fi e(35)f etras
measured from natural grade...,
or approved finished grade five (25)
BUILDING ENVELOPE FOR DOWNHILL LOT
35j
Mieiwtuwt irons satsaea
Downhio Section
I
Real: Setback
35
a! i
3S'
f �I:Aiwiat��w •i�• satoact•
Stre*t E -Ovation
Revised 10123192
a. Split pads, stepped q,a�deepr t
permit structure to i�r l; 10p
u
b. Detaching parts of a dwelling such as a garage.
C.& Avoid the use of gable ends on downhill elevations. The
slope of the roof should be oriented in the same
direction as the natural slope and should not exceed
natural slope contour by twenty (20) percent.
2. Avoid excessive cantilevers on downhill elevations.
3. Excavate underground or utilize below grade rooms to reduce
effective bulk and to provide energy efficient and environ-
mentally desirable spaces. However, the visible area of the
building shall be minimized through a combined use of
regrading and landscaping techniques.
4. Use roofs on lower levels for the deck open space of upper
levels.
THIS
Large root areas broken up
i_
1 j
s.
Use of natural materials and windows
Placement in small increments create
interesting small state patterns
Break up massing of structural elements
to more closely approximate the natural
slope
Stone foundations and retaining walls
relate to the ground
NOT THIS
Massive roof arta is vary visible in
contrast to the natural slope`
................�
Large facade of one material. even
it modWated by windows. seems plain
5. Building materials and color schemes should blend with the
natural landscape of earth tones and natural chaparral
vegetative growth.
6. To the extent possible, the width of a building measured in
the direction of the slope, shall be minimized in order to
limit the amount of cutting and filling and to better "fit"
the house to the natural terrain.
Revised 10/23/92
37
THIS
Planting pockets on stepped
retaining Mall allow screen
Planting at several levels
No effective bulk
THIS
Fury: 2?
NOT THIS
Effective eul
No planting passible due
to tow of retaining wall
Mi
Large concrete retaining wall
surfaces can be seen lot mile
and take years to conceal
with Olantlns and trees
6. Landscaping shall be used to screen views of downslope
building elevations. When the structure height exceeds twenty
(20) feet from finished grade on a downslope, additional
landscaping is required and a landscaping plan shall be
submitted for review with the submittal package.
7. Slopes with required planting shall be planted with informal
clusters of trees and shrubs to soften and vary the slope
plane. Where slopes are 2:1 and five (5) feet or greater in
height, jute netting shall be used to help stabilize planting
and minimize soil erosion.
8e Native vegetation shall be retained and supplemented within
canyons and along natural drainage courses as allowed by state
and federal resources agencies (State Department of Fish &
Game, U. S. Fish and Wildlife, U. S. Army Corp, of Engineers).
planing natutally falle.&
the &.•raga stop•
Screening tageired>'CZ
Trtnaiuon @tea
open see.twtu Hnun, Mat
blends int@ no natural env.rentw
relatnin,.&N
--, NOT THIS
Highly visible solid nail
" w`�,i _ �Issjs w@fw;wwg walla
Ne sereen�ng
Clot eat @gantiew
batere@w watwal sewdltten
awd do"leped ages •.Itb we ttswslliww
Revised 10/23/92
39
THIS
;pro^ �•j:ew
Landform planting
Irregular visual plane / — 7 --d
in cross-seetlen
i W Z75
? r
seetlen
NOT THISI�i.
Conventional planting
Uniferm visual plane
in etess.seetlen r
/
/ �
r rr
41
as
act
::e.
Revised 10123192
Section '4. Public Safety Standards.
A. Fire ProVection Standards
1. esidentia7-developments shall be constructed in such a
manner so as to reduce the potential for spread of brushfire
through consideration of the following:
a. In the case of a conflict where more restrictive
provisions are contained in the Uniform Building Code or
in the Fire Code, the more restrictive provisions shall
prevail.
b. Roofs shall be covered with noncombustible materials as
defined in the Building Code. Open eave ends shall be
stopped in order to prevent bird nests or other
combustible material lodging within the roof and to
preclude entry of flames.
C. Exterior walls shall be'surfaced with noncombustible or
fire resistant materials.
d. Balconies, patio roofs, eaves and other similar overhangs
shall be of noncombustible construction or shall be
protected by fire-resistant material pursuant to the
Building Code.
2. Reside: -tea:— developments shall be constructed with
adequate water supply and pressure for all proposed
development in accordance with standards established by the
Fire Marshal.
3. A permanent fuel modification area shall be required around
development projects or portions thereof that are adjacent or
exposed to hazardous fire areas for the purpose of fire
protection. The required width of the fuel modification area
shall be based on applicable building and fire codes and a
Fire Hazard Analysis Study developed by the Fire Marshal.
4. Fuel modification areas shall incorporate soil erosion and
sediment control measures to alleviate permanent scarring and
accelerated rrosion.
5. If the Fire Marshal determines in any specific case that
difficult terrain, danger of erosion or other unusual
circumstances make strict compliance with the clearance of
vegetation undesirable or impractical,a may suspend
enforcement thereof and require reasona a alternative
measures designed to advance the purposes of this ordinance.
6. In the event the abatement is not performed as required in
subsection C of this section, the City Council may instruct
the Fire Marshal to give notice to the owner of the property
upon which said condition exists to correct such prohibited
condition and, if the owner fails to correct such condition,
the City Council may cause the same to be done and make the
expense of such correction a lien on the property upon which
such conditions exist.
Revised 10123192
44e3
the contour interval may be 5 feet when the slope is more than 20
percent. This base topographical map shall include all adjoining
properties within 150 feet of the site boundaries. Delineate slope
bands in&the range of to 10 percent, 10 up to 15 percent, 15 up to
20 percept, 20 up to 25 percent, 25 up to 30 percent, 30% to 35%
and 35 percent or greater. Also included shall be a tabulation of
the land/area in each slope category apecified.in acres.
E. Provide a sufficient number of slope profiles to clearly illustrate
the extent of theroposed grading. & minimum of 3 slope profiles
shall be included with the siepe anaiysisv The slope profiles
shall:
1. Be drawn at the same scale and indexed, or keyed, to the slope
analysis map, grading plan, and project site map.
2. Show existing and proposed topography; structures, and
infrastructures. Proposed topography,, structures, and
infrastructures shall be drawn with a solid, heavy line.
Existing topography and features shall be drawn with a thin or
dashed line.
3. The slope profile shall extend far enough from the project
site boundary to clearly show impact on adjacent property, at
least 150 feet.
4. The profiles shall be drawn along those locations of the
! project site where:
(a) The greatest alteration of existing topography is
proposed; and,
(b) The most intense or bulky development is proposed; and,
(c) The site is most visible from surround land uses; and,
(d) At all site boundaries illustrating maximum and minimum
conditions.
5. At least two of the slope profiles shall be roughly parallel
to each other and roughly perpendicular to existing contour
lines. At least one other slope profile shall be roughly at
a 45 degree angle to the other slope profiles and existing
contour lines.
F. ' slope profiles shall be stamped and
signed by either register( '. andscape architect, civil engineer,
or land surveyor indicating the datum, source, and scale of
topographic data used in the slepe analysis and slope profiles, and
attesting to the fact that the slope analysis and slope profiles
have been accurately calculated and identified.
G. The exact method for computing the percent slope and area of eaph
slope category should be sufficiently described and presented so
that a review can be readily made. Also, gk. heavy, solid line
indicating the a pereent grade differential shall be clearly marked
on the plan, and an additional copy of the map'shall be submitted
with the slope percentage categories depicted in contrasting
colors.
G . A geologic and soils report, prepared by an approved soils
engineering firm and in sufficient detail to substantiate and
Revised 10123192
4Q'S
Hills Like Nature Makes Them
Spending more to replicate the beauty
of natural hillsides pays off in the
long run.
banizing flatlands is a fairly simple
T process. Developing hillsides, on
v the otherhand, is a far more com-
plex undertaking. Building pads, extensive
circulation systems, and infrastructure facili-
ties like water reservoirs and gravity sewers
often have specific location and elevation
needs that must be met. When these factors
are combined with the need to mitigate ad-
verse soils and geological conditions, mas-
sive reshaping of the natural topography is
required. This is known as mass grading.
The mass -grading design standards that
have been established over the years by regu-
latory agencies and civil engineering profes-
sionals have emphasized stability, runoff
control, and the long-term performance of
the building sites. Function has taken prece-
dence over aesthetics and environmental
sensitivity. Standard mass grading produces
flat surfaces and linear and angular forms
that bear no resemblance to the original
hills manmade environment without re-
deeming aesthetic qualities and totally out
of harmony with nature.
Careful study of natural slopes through-
out the world has revealed that they are
composed of a series of building blocks, vari-
ous identifiable concave and convex shapes:
ridges and swales in different relationships—
perpendicular, diagonal, or curvilinear—to
the slope face, elbows, pyramids, wishbones,
and composite shapes. Applying these natu-
ral shapes to a manmade slope in a process
known as landform grading can reintroduce
the beauty of natural hillsides into urbanized
environments.
In conventional grading, slope drainage
devices are usually_ constructed in a rectilin-
ear configuration and in prominent and
highly exposed positions. Drain devices on
landform graded slopes, on the other hand,
either follow the "natural" lines of the slope
or are concealed from view between concave
swale and convex berm combinations. Ex-
posed segments in high visibility areas are
treated with natural rock, giving them the
appearance of a stream bed.
40 Urban Land 0 March 1992
�, � yF°J ....-..✓ .-rte .-r ..
pool
to
Ar-
V
Comerdional mass grading of hillsides Qop) creates inear, angular, and wrilorm flat autaces. Cordowiog to male the
slopes curvilinear in plan offers some improvement to the trail' Tonal grading metholl landform graded slopes (bottor
by contrast, are characterized by a continuous series of concave and convex farms interspersed
with maurrds that bit
into the profiles, nonlinear alignment, and varying slope gradients from the top to the bottom of the slope.
Trees -and tushes nater-
rally ccttgregate Ni the
concave, swaled slope
pWbM of hils&L Natu-
ral landmong patlerns
are more pleasing to the
eye than the random or
geometric patterns typi-
cal of conventional grad-
Wplanting schemes.
With careful planning, landform grading can produce as
many builtiutg lots as conventional grading.
provide prolonged periods of sha tic, thus rc
educing evaporation.
Hurdles
The landform grading and revegetation con-
cept was introduced at Anaheim Hills, a
4,200 -acre planned community developed
by Anaheim I tills, Inc., in Anaheim, (:alitiir-
nia. It is currently beim; applied on a more
extensive scale at Talega, a 3,500 -acre
planned community under development in
San Clemente, California, by the Arvida
Company.
The concept's widespread adoption de-
pends on a number
of factors, includ-
ing professional
and official atti-
tudes. Civil engi-
neer designers will
have to abandon
the engineered look
and look to nature
as their guide. Field
surveyors will have
to calculate and set
different controls
for slope construc-
tion. Geotechnical
professionals will
have to take a new
approach to slope
stability analysis
and field testing.
Landscape design-
ers will have to
think natural. And
approval agencies
will have to modify
ordinances and
guidelines and take .
a flexible attitude to
ahernative hillside
designs.
42 Urban Land 0 March 1992
Landform grading can involve additional
costs. Perhaps the potential loss of buildable
pati area is the most noticeable. Such loss
can be minimized by providing for irregular,
variable ratio slope patterns in the initial
stages of the conceptual design. Concave
flatter slope portions should be laid back
into the spaces between structures, while
convex portions can be steepened in front of
building locations to create more pad space.
Engineering costs can be higher. Land-
form designs by civil engineers inexperi-
enced in the concept can be expected to cost
10 to 15 percent more than conventional de-
signs, but for designs by those with some ex-
perience, the difference would be minimal.
The same would be true for field survey con-
trol costs.
Any additional costs for geotechnical
services are difficult to determine, as such
costs are highly variable. Additional costs
would probably range between I and 3 per-
cent. Greater care is required in stability
analysis because of the frequent variation in
slope orientations and the slope face inclina-
tion. These variations can improve stability
in adverse bedding conditions. Compaction
testing in the field may have to he clone at
more frequent intervals.
Revegetation does not necessarily, entail
higher costs than conventional landscaping.
Nor does landform grading itself have to
cost more than conventional grading. If the
volume of earth being moved is great, I mil-
lion or more cubic yards, the difference in
cost between the two approaches can be less
than 0.3 percent. On smaller projects, land-
form grading may cost up to 10 percent
more. Much depends on the experience of
the grading contractor, the experience of
the project engineers and developer, and the
understanding of the approving and inspect-
ing agencies. With in-depth training of the
grade checker and equipment operator, land-
form grading can be performed almost rou-
tinely within the same time frame and at the
same cost as traditional grading.
Benefits
Opposition to mass -grading proposals is
growing as the aesthetic value of remaining
hillsides is recognized. Hillside development
proposals face more stringent controls and
limitations, all directed toward restricting
rather than improving grading.
Landform grading and revegetation rep-
resent a concept that can help proposals
through the approval process. A project in-
corporating landscape grading demonstrates
concern for the sensitive treatment of the
hillside environment. It is more likely to re-
ceive approval, and to receive it faster. It
may be permitted more density than a con-
ventionally graded project. And objections
from neighbors and
environmentalists
should be reduced.
This is a complex
approach to hillside
development. Land-
form grading should Building Bugding Building BtnTdmg
Ile applied where it
offers maximum vis-
ual and environ-
mental benefits—on
slopes along major
roads, on other
highly visible and
permanently ex-
posed slopes, within
development pro-
jects, and along
parks, golf courses,
and other open J�asoA
spaces. It should not 6
he applied to slopes
below roadway
grades, to side slopes
between structures,
to minor rear yard —�
slopes, and to other /
slopes that will ulti-
mately be obscured
from view. Someday, landform grading
should make a major contribution to meth-
ods of freeway, dam, and sanitary landfill
construction. r,.
The topographical representation above shows radial water flow, foliage placement in
swales, and lots that conform with the landform configuration. (the hatched area is a
concrete terrace drain required by building codes) The sketch below contrasts site
planning for conventionally graded and landform graded slopes.
Slope —n
Street
Conventional Site Planning
This solution was submitted by Horst Sebor, vire
president of development and construction for
Talega, an Arvida Company master -planned
cnnnrtrnity, and originator of the landform
grading and revegetation concept. Schor is based
in Anaheim, California.
�iBtdlding
Baiting
Slope
,-- Street
Landform Site Planning
What's your solution
Readers are invited to offer solutions to common
(and not so common) development problems for pub-
lication in this department. Topic suggestions should
be addressed to Karen Schaar/Julie Stem, Urban
Land, 625 Indiana Avenue, N. W., Washington, D. C.
20004-2930.
nt�,rJ, 1007 • 11rinn I.a+s�_ .__43
Applying plant
material to all slope
surfaces is the next r
step after grading, to r
provide protection
from erosion and { {
cover scars. In con-
ventional approaches,
landscaping is gener-
ally applied in ran-
dom or geometric
patterns. The monot-
ony of landscaping
that calls for equal
spacing of tree and
shrub material and
specified numbers of —a
each for a given slope
area is apparent.
In the landform
approach, landscap-
ing is applied in pat-
terns that occur in
nature—trees and
shrubs concentrated
largely in concave ar-
eas while ground covers predominate in con-
vex portions. This approach may be thought
of as "revegetation." Trees and shrubs re-
quire more moisture, so it makes sense to
cluster them in the swaies and valleys where
moisture concentrates, particularly in semiarid
regions. Shrubs are heavily concentrated
Conventional slope linear drainage
pattern concentrates flow at toe of slope.
r TOD o/S/ope
r \
r r
+ + r \
Landform slope radial drainage pattern
concentrates flow in valleys.
Top of Slope Ai
Toe
of
along the drainage flow of each swale and
thinned to each side.
The result of revegetation is a landscape
that does not look mamnade, where plant
material locations and distributions serve a
purpose and make sense. Moreover, revege-
tation in combination with landform grad-
ti
Cornet613811y graded
slopes produce acceler-
ated sheet flow from for
to toe, which can erode
the slope. Terracing can
prevent damage, but
Wks artificial. landform
grading reconfigures On
slope drainage pattern h
radial flow, which per-
mits the concentration a
rainfall and irrigation run
off into specific areas yet
prevents erosion in them
by reducing tributary
drainage so the amourd
of drainage is minimal
and nonerosive.
ing reduces irrigation needs: radial drainage
patterns that concentrate runoff in concave
swales provide the most moisture to plant
types that need the most; flatter slope ratios
in swaies near the lower half of the slope
slow water velocity and thus allow better ab-
sorption by plant roots; and convex shapes
centrally located, perpen-
dicular, concrete down -
drains are an eyesore.
Dowodrains in landform
grading are curvilinear,
configured Into the con-
cave shapes and partially
hidden by convex areas
Made from nalml rock
DW can become an aes-
Ihelic elemerd.
11jarcb 1992 • Urban Land 41
support the design concepts presented in the application as
submitted. Additional environmental studies and investigations,
such as, but not limited to, hydrologic, seismic,
access/ circulation, and biota research may also be required in
order to help in the determination of the buildable area of a site.
A statement of conditions for ultimate ownership and maintenance of
all parts of the development including streets, structures and open
spaces.
94. In the event that no grading is proposed, i.e., custom lot
subdivision, a statement to that effect shall be filed with a plan
which shows possible future house plotting, lot grading,.driveway
design, and septle system location for each parcel proposed, to be
prepared on a topographic map drawn at the same scale as the
conceptual grading plan.
3. When unit development is proposed, illustrative building
elevations, that show all sides of the proposed structure(s) and
which accurately depict the building envelope for each lot, shall
be provided.
1014. The following items may be required if determined necessary by the
Planftlng Direeter or Planning to aid in the analysis of
the proposed project to illustrate existing or proposed conditions
or both:
1. A topographic model;
2. A line of sight or view analysis;
3. Photographic renderings;
4. Any other illustrative technique determined necessary to aid
in review of a project.
Exceptions to the filin re irements shall be determined by the
lanrring--Director
Ob
Revised 10123192
7. Require special construction features in the design of
structures where site investigations confirm potential
geologic hazards.
�A2plicat
section i.� ion Filing Requirements
A. A natural features map, which shall identify all existing slope
banks, ridgelines, canyons, natural drainage courses, federally
recognized blue line streams, rock outcroppings, and existing
vegetation. Also depicted shall be landslides and other existing
geologic hazards.
B. A conceptual grading plan, which shall include the following items
in addition to those required by the Municipal Code or as part of
the Submittal Requirement Checklist:
1. A legend with appropriate symbols which should include, but
not be limited to, the following items: top of wall, top of
curb, high point, low point, elevation of significant trees,
spot elevations, pad and finished floor elevations, and change
in direction of drainage.
2. A separate map with proposed fill areas colored in green and
cut areas colored in red, with areas where cut and fill exceed
depths established in the hillside development guidelines and
standards clearly shown. Additionally, the areas of cut and
fill, calculated as a percentage of the total site area, shall
be included on the plan.
3. Contours shall be shown for existing and natural land
conditions and proposed work. Existing contours shall be
depicted with a dashed line with every fifth contour darker,
and proposed contours shall be depicted as above except with
a solid line. Genteure shell be shown aeserding te the
Natural Slope
0% to 20%
leave in _:0 Above2 99 % S
Above 20Z 5
C. A conceptual drainage and floor control facilities map describing
planned drainage improvements.
D. A Slope Analysis mapfor the purpose of determining the amount and
location of land as it exists in its natural state falling into
each slope category as specified below. For the slope map, the
applicant shall use a base topographical map of the subject site,
prepared and signed by a registered civil engineer or licenses land
surveyor, which shall have a scale of not less than 1 inch to 100
feet and a contour interval of not more than 2 feet provided that
Revised 10123192
4S+
SLOPE LANDSCAPING
traaa. and shrubs. spao�d
for oxworm *ova*"
CONVENTIONAL LANDSCAPING
I
ground oowr only for comm aro
terve. and Nwubs dusianad
In oow" areas.
krw "Hwoo at bottom
LANDFORM REVEGETATION
Revised 10123192
42
B. Guidelines
1. Natural landform planting should be used to soften
matufactured slopes, reduce impact of development on steep
slopes or ridgelines, and provide erosion control.
2. Maintain a "vegetative backdrop" by replanting with approved
trees. The vegetation should screen structures to the extent
possible at maturity and preserve the appearance of the
natural hillside.
rain.
� s fir t •�_♦ �' F fps ,�.
TYoieai building clustering
Revised 10/23/92
40
THIS
Building pulls bask from
steeper slopes and ravines
` an in* hillside
1 l '✓ a
\, r
Building is Parallel with
the conlours
A. Standards
Figure<.26
Minor building
Protrusions wnien'
are perpendicular to the
Contours ■r• acceOtable
but should be steeped or
inset in the hillside
• r.
NOT THIS
Building is perpendicular to the contours
1. Walls and fencing, not exceeding six (6) feet in height,
visible from roadways or public rights-of-way shall be
visually open and non-opaque.
2. Privacy walls and fences, not exceeding six (6) feet in
height, are permitted adjacent to structures, in order to
provide a private outdoor area. Walls and fences shall be of
materials and colors compatible with the structure's facade.
3. Native or naturalized plants or other plant species that blend
with the landscape shall be utilized in all areas with
required punting.
4. Fire retardant plant materials shall be utilized. Plants
selected as ground cover, shrubs or trees shall be from the
list as approved by the City.
---------------------------
5. A permanentirrigation system, for purposes of
establishing an a n ng required�--#r. , shall
ME
be installed on all slopes. The emphasis !IRM toward
using plant materials that will eventually need minimal
irrigation. Water and energy conservation techniques shall be
utilized includin but not limited toe such items as drip
irrigation
d"
Revised 10/23/9
38
Unh i l l Lot-- Maxi mum baiqht f - twenty i
-T
-----r-€set-a4--tAe-
__ front-Anthack Awtabrielina tip _na d tnward the r�Mz-09--1-t
---a#r�-€es#t-f-ive-+45J-deg»<ee"atfle -te-*r -
height.—id- 8 ��-�l- werrt7-feet-
--------
g--up-to- -424- tom -lei -ate$ --f arty iVe-
----a1493--to t cl-dirty" L+vre (35 )
€-r-ew-natmral-ejrade ;
�.--- - -i Ot MaXIMUM 1.10illit of thirty :E
--ma�ttr*1 grade, at: thr-fzorrt
--ext-eadJug lip --n*ev Gig I the let
THIS large reel section_ to
paratlef the average slope
Height limit
\� \\
\\ Building •nveiep•
NN
' � 1
. \ I Maximum
Softening of large
vertical surfaces /
NOT THIS
2. The building shall be terraced to follow the slope.
3. Architectural treatment shall be provided to all sides of the
structure visible iren adjece1it properties,
sigh'ts.-of -wag.--
4. Exterior structural supports and undersides of floors and
decks not enclosed by walls shall be permitted provided fire
safety and aesthetic considerations have been adequately
addressed.
5. Exterior flood lighting for safety shall be located and
shielded so as not to shine on adjacent properties. Decorative
lighting to highlight a structure is prohibited.
B. Guidelines
1. The form, mass and profile of the individual buildings and
architectural features should be designed to bland with the
natural terrain and preserve the character and profile of the
natural slope. some techniques which may be considered
include:
Revised 10/2319:
36
section JAI. site Design
A.
Be
Standards.
1. TA dimensions of a building parallel to the direction of the
slope shall be maximized in order to limit the amount of
cutting and filling and to better fit the house to the natural
terrain.
THIS
Terrssee seeks ds wet �Z
increase burlBing butt �
.7
Effective sulk ..In /•�;
or ..rtneut seeks
into
Building ground
ala fits
ince Inc yreund ahs
rrlrnirniafa the at fact _ i �•��
en the hillside
Use of reef desks, ter
level decks. desks, and side of 1
wilding decks
Terracing reduces bulk
Effective sulk
/� rw
E,leslivs bulk
Smaller overhangs Nr Individual Ibsen
ar viadovvs kelp buakwa Mae" Sad
Protect agaimsl Sad ... 1.e suntigkt
Guidelines
NOT THIS
Overhanging desks
-site building 't �}
seam mere /� I
massive �•
Elle6tivf bulk
High prefile Ovi
Sin.
stands cul an the
hillside
Aveid docks hanging
,rem the devonill side
.iih long pole support, �—►
Cant,l.ver makes building
a►►ear taller, wore
manure en/der'
Ellactive sulk
Es..asi.e reel Overhang
results in additional
.isual bulk
Elteetl.. sulk
1. Design ofwilding sites should be sensitive to the natural
terrain. Structures should be located in such a way as to
minimize necessary grading and to preserve natural features
such as prominent knolls or ridgelines.
2. Views of significant visual features as seen from both within
and outside a hillside development should be preserved. The
following provisions shall be taken into consideration:
a. Dwellings should be oriented to a- 16w- iew opportunities,
although such views may be limited. Residential privacy
should not be unreasonably sacrificed.
b. Any significant public vista or view corridor as seen
from a secondary, collector or major arterial should be
protected.
34
Revised 10123/9;
2. Where road construction is permitted in hillside areas, the
extent of vegetation disturbance and visual disruption should
be minimized by the combined use of retaining structures and
regrading to approximate the natural slope. The following
techniques should be used where feasible:
a. Utilize landform ` planting in order to create
a natural appearance and provide a sense of privacy.
b. Reduce the visual and safety impacts by use of terraced
retaining walls and landscaping.
C. Split roadways increase the amount and appearance of
landscaping and the median can be used to handle
drainage.
THIS NOT THIS
Round off cut slopes
Remove small knobs
on roadway cut
\ t0 Conform to 'ho
natural grade
Rea
dway vista
Awad off
out slopes Split roadway sections tt
accommodate grace
Z
change
I
\
\
Roadway Natural grade
\ (�
Roadway
32
Unnatural •dge condition
Cut stop*
into hillsid
Roadway
` Knob remaining
from roadway cut
Roadway
Too 11.00 for plants
• to become established
Mass grading to accommodate
one level arterial highway
--,. Natural gr
Roadway \ �,
Revised 10123192
Figure .�'1
r
Street
f -9. Driveways shall enter public/private streets maintaining
adequate line of sight.
6-6. Local hillside street standards shall be used to minimize
grading and erosion potential while providing adequate access
for vehicles, including emergency vehicles.
may be a 9 48.6 feet with 40 feet Of Paved width and
Parking -e , kn*h-rides and a sidewalk on Qfdes
Grades of streets in the hillside areas shall be as provided
in this subsection. Hillside collector and arterial streets
shall not exceed 4 percent. Hillside residential local
streets shall not exceed 3-2-4-S percent.
7 -9'• Cul-de-sacs to a maximum of 4"feet in length may be
permitted with a maximum of 30"Weling units., and te—a
M&Miumn of 1000 feet in length 20 dwelling
onits and ala!! terMI ate with a tarry—around area net leas
than -3 5 feed in radius L eurb r
a �. All other street improvement standards shall conform to the
standard plans and specifications for public streets of the
City of Diamond Bar.
9 44. The Plannigqq Commission .' may approve
modificationb to the above— Gtay� eai��standards
provided such modifications are in substantial conformance
with the objectives stated in this section.
H. Guidelines.
1. Roadways and driveways, where feasible, where feem1ble, should
conform to the natural landform. They should not greatly alter
the physical and visual character of a hillside by creating
large. notches in ridgelines or by defining wide straight
alignments or by building switch -backs on visually prominent
hillsides, split sections and parking bays should be utilized
in the layout of hillside streets.
Revised 10123192
30
3' maz
3 f1L1I
T mni Street '
r
Street
f -9. Driveways shall enter public/private streets maintaining
adequate line of sight.
6-6. Local hillside street standards shall be used to minimize
grading and erosion potential while providing adequate access
for vehicles, including emergency vehicles.
may be a 9 48.6 feet with 40 feet Of Paved width and
Parking -e , kn*h-rides and a sidewalk on Qfdes
Grades of streets in the hillside areas shall be as provided
in this subsection. Hillside collector and arterial streets
shall not exceed 4 percent. Hillside residential local
streets shall not exceed 3-2-4-S percent.
7 -9'• Cul-de-sacs to a maximum of 4"feet in length may be
permitted with a maximum of 30"Weling units., and te—a
M&Miumn of 1000 feet in length 20 dwelling
onits and ala!! terMI ate with a tarry—around area net leas
than -3 5 feed in radius L eurb r
a �. All other street improvement standards shall conform to the
standard plans and specifications for public streets of the
City of Diamond Bar.
9 44. The Plannigqq Commission .' may approve
modificationb to the above— Gtay� eai��standards
provided such modifications are in substantial conformance
with the objectives stated in this section.
H. Guidelines.
1. Roadways and driveways, where feasible, where feem1ble, should
conform to the natural landform. They should not greatly alter
the physical and visual character of a hillside by creating
large. notches in ridgelines or by defining wide straight
alignments or by building switch -backs on visually prominent
hillsides, split sections and parking bays should be utilized
in the layout of hillside streets.
Revised 10123192
30
Building and grading permits shall not be issued for construction on any site
without an approved location for disposal of runoff waters, including but not
limited to such facilities as a drainage channel, public street or alley, or
private drainage easement.
4. The use of cross lot drainage shall be subject to Pand City Council
lanning Commi sion
review and may be approved after demonstration that this method will not
adversely affect the proposed lots or adjacent properties, and that it is
absolutely required in order to minimize the amount of grading which would
result with conventional drainage practices. Where cross lot drainage is
utilized, the following shall apply:
a. Project Interiors - One lot may drain across one other lot if an
easement is provided within either an improved, open V-swale gutter,
which has a naturalized appearance, or within a closed drainage pipe
which shall be a minimum twelve (12) inches in diameter. In both
cases, an integral wall, shall be constructed. This drainage shall be
conveyed to either a public street or to a drainage easement. If
drainage is conveyed to a private easement, it shall be maintained by
a homeowners association, otherwise the drainage shall be conveyed
to a public easement. The easement width shall be determined on an
individual basis and shall be dependent on appropriate hydrologic
studies and access requirements.
b. Project Boundaries - Onsite drainage shall be conveyed in an improved open
V-swale, gutter, which has a naturalized appearance, or within an
underground pipe in either a private drainage easement, which is to be
maintained by a homeowner's association, or it shall be determined on an
individual-basisand shall be dependent on appropriate hydrologic studies
and access irements.
THIS
I� awla.aNaa ■u•w,u.
28
NOT THIS ,
T/Na.l Nwo .Ileo
♦.C. v aawsr.,. n,.., �
v
ed 10123192
Section`. Dra-=
s
Where a conflict exists between the provisions of this section and
Chapter 70 of the Uniform BuildingCode the drainage, soils and
., geology
provisions of M' � g � .Mshall prevail, unless in the
opinion of the City Enginear;�'the' provisions of this section ;`f;;%:,"'::; meet
sound engineering standards
alai. Standards
1. Debris basins, rip rap, and energy dissipating devices shall
be provided where necessary to reduce erosion when grading is
undertaken. Except for necessary flood control facilities,
significant natural drainage courses shall be protected from
grading activity. In instances where crossing is required, a
natural crossing and bank protection shall be preferred over
steel and concrete systems. Where brow ditches are required,
they shall be naturalized with plant materials and native
rocks.
ACCEPTABLE
LANOPORM
26
UNACCEPTABLE
1
CONVENTIONAL
Revised 10/2319;
. The angle of any graded slope
angle of the natural terrainshould be gradually adjusted to the
Esiating development
proposed devQlopm*nt
Tract boundary
Natural grade I Variable
Elisting drainage device
Not this
proposed slope •a tension
\ \ sNatural grade�,T,11:1
1
Combine slopes to more Closely
appresim ate natural grade
24 Revised 10123192
11,
�. One downslope from the structure not to exceed 3 1/2 feet
in height. Where an additional retained portion is
necessary due to unusual or extreme conditions, (such as
lot configuration, steep slope, or road design) then the
use of terraced retaining structures shall be considered
on an individual lot basis. Terraced walls shall not
exceed 3 feet in height and shall be separated by a
minimum of 3 feet and appropriate landscaping. Terracing
is not to be used as a typical solution within a
development.
e. On lots sloping with the street, and other configurations
not discussed above, one retaining wall, not to exceed 3
1/2 feet in height may be used in a side yard where
necessary (also see roadway).
4. Walls which are an integral part of the structure may
exceed 8 feet in height; however, their visual impact
shall be mitigated through contour grading and landscape
techniques.
4 -The following factors shall be taken into consideration in
the design of a project:
a. When space and proper drainage requirements can be met
with approval by the city Engineer, rounding of slope
tops and bottoms shall be accomplished.
b. When slopes cannot be rounded, vegetations shall be used
to alleviate a sharp, angular appearance.
C. A rounded and smooth transition shall be made when the
planes of man-made and natural slopes intersect.
d. When significant landforms are "sliced" for construction,
the landforms shall be rounded as much as possible to
blend into natural grade.
e. Manufactured slope faces shall be varied to avoid
excessive "flat -planed" surfaces.
No manufactured slope shall exceed 30 feet in height between
terraces or benches.
22 Revised 10123192
Downslope (from the structure walls not to exceed
threeatd--— ::,.+fJ feet . in height.
Where an additional retaine
Poron is necessary
due to unusual or extreme conditions, (such as lot
configuration, steep slope, or road design) then
the use of terraced retaining structures shall be
considered on an individual lot basis. Terraced
walls shall not exceed three.(3) feet in height and
shall be separated by a minimum of three (3) feet
and appropriate landscaping. Terracing shall not
be used as a typical solution within a development.
Retaining Wa 111-0 an integ-64 of the
}. Lot lines shall be placed two feet beyond top of major
slope areas within public view corridors to help ensure
their maintenance by the downhill owner.
coq ; a, ''•: 1
Vete .-Iaqueo- Provide da
0 blie
a.
f
�• Where possible, graded areas should be designwith
manufactured slopes located on the uphill side of
structures, thereby, hiding the slope behind the
structure.
20 Revised 10123192
I
g!-
............
Mak"Mi ......
41
Of✓� a j o
;cra
'Rif
.0
—4L
oll
ivy,
Ilk
18
Revised 1012319:
Figure 5
MULTI FAMILY GRADING
CONVENTIONAL GRADING
LANDFORM GRADING
PLAN VIEW
08000E VIEW
16
Revised 10123192
i
ACCEPTABLE
SlXw Ml'' GN
UNACCEPTABLE
i/
�loop .y Jf
100,
1
/ ^*4%Flo J-1�
_ CUT
N.
/loll
\
.41
\ /
CANYON FILL_
TRANSITION ZONE
i_7 "
/
J/
w+v s4t 10/23/92
14
i
Figure 2: Slope ratio percent slope and degree of slope are shown for
some hillsides of varying steepness
:r q
0
5:1 I 20 I t t I
3:% 33 tr
� ) I
a_r ( Z
c
W
N
t:l 100 45
auH (MORIZoN"AL)
12
Revised 10123192
3.
4.
features, extensive open space or
significant use of green belts.
20 to 24.9 Development within this category
shall be restricted to those sites
where it can be shown that safety,
environmental and aesthetic impacts
can be minimized. Use of large
lots, variable setbacks and variable
building structural techniques such
as stepped foundations are expected.
Structures shall be designed to
minimize the visual impact of their
bulk and height. The shape,
materials, and colors of structures
shall blend with the natural
environment. The visual and
physical impact of driveways and
roadways shall be minimized by
eliminating sidewalks, and reducing
their widths to the minimum required
for emergency access and following
natural contours, using grade
separations where necessary and
otherwise minimizing grading.
25 and over This is an excessive slo a condition
and development extremely
limited.
10
Revised 10/23192
b
}�
4.:...< as }2`
# fe
3. }£k's
rxy, ,�v t�"Ef:
.>:-•£ Y s
C
a
S.
Z
i
N
�
t
4
. wY .r.
:.. . _.. ..
v
fl
Fii
top "o* siop�
------ --------too of 4
r r +
Revised 10123192
6
and designed in a manner which will, in the judgment of the
PlanmiWDirector, maintain a vertical and horizontal distance from
other residential structures which will provide a reasonable degree
of privacy, light and air between residential structures.
Where development is proposed for a parcel which adjoins one or
more vacant, developable parcels, cooperation of the respective
propertyfowners is encouraged in the planning of the road network,
utilities plan and open space program for the area as a whole. The
consider variations from the strict application of the
may provisions of this Ordinance as
may --be, needed to achieve
cooperation among all contiguous property owners of vacant,
developable properties, to the extent that such variation may
better achieve the objectives of this ordinance.
Section Definitions
All property whish e-entains grades in. emsese of 1:0% shel! Somply
with the following+
The following definitions shall apply to this Sestion ;
CONTOUR - A line drawn on a plan which connects all points of
equal elevation.
portion of land surface or area from which earth has been
CVT ='The mechan 1 removal of earth material. removed or will be remov
CVT AND PILL - The excavating of earth material in one place and
deposit" inq of it
--------------
Ir-
fill in an adjacent place. e
- w
private roadway p of access fevre clt s -to a#pia ke
s?re arag�, �dwg or other structure.
EFFECTIVE BOLE - T e • ec�ve in sual u of a structure when seen o"
from a distance e4 f
M from below. °
ELEVATION - Height or distance above sea level.
EROSION - The process by which the soil and rock components of the
earth's crust ar% worn away and removed from one place to another
by natural forcesisuch as wind and water.
FILL - A deposit of earth material placed by artificial means.
FINXU ..GRADE - The final elevation of the ground surface after
grading , which is in conformity with the approved plan.
GRADING - To bring an existing surface to a desi ned form by
excavating, filling, or smoothing operations.
HILLSIDE - Hof—@rs to - parcel of land which con a ns gra es in
excess of 10%.
NATURAL SLOPE - A slope which is not man-made. A natural slope may
retain natural vegetation during adjacent grading operations or it
may be partially or completely removed and replanted.
PAD - A level area created by grading to accommodate development.
RIDGE - A long, narrow, conspicuous elevation of land.
ROADWAY - A means of access over -pr'iv'ate- property to more than one
residential unit.
SLOPE - An inclined ground surface, the inclination of which is
Revised 1012.3192
4
Section 3. Permitted Uses
LL_-L�.._t..�_
The uses - permitted by the Hillside Management Ordinance
shall be those uses permitted the J
Section 4. Density
The maximum number of residential dwelling units which may be permitted
to be constructed on a given parcel of land shall be the calculated
: M*Y#"Weflmlli�
q:Ui^. ^:Y:%H.0 ?4i'^�N.C•I:CW'•"::-l-:,NW..�Nl,development>- �.:., '.`. ': < `.:ss#..::,:':;.p limit
less the num erina'e dueo envirvnmena constraiand as
determined ,,....-uan WMINNO"d ,�,� •.. If
Section S. Environmental Constraints
The maximum number of residential dwelling units -hal be further
.; .. • ` y the impact of the following development
constrar►ts as` 'a e`• rmined by environmental assessment, unless such
development constraints can be shown to have been eliminated or
mitigated to the satisfaction of the Planning Commission or the City
Council en appeal:
r
1.
Land areas subject to inundation during a 100 -year storm
2.
4.
Land areas whieh have been subjeet to wild fire
Land ares which are above the hillside view line.
31,
h.
Land areas which are subject to geologic hazard,
landslide and debris over flow.
S.
Land areas which lie within a federally recognized blue
s•A,:
line stream, or which contain significant riparian stream
bed habitats or other established plant formations which
constitute a significant natural feature or ecosystem or
which contain rare or endangered species.
6.
Significant vegetation formations and habitat areas.
4.
Land areas which are within 100 feet of a significant
ridgeline or hiking trail.
Revised 10/23/9
2
INTEROFFICE MEMORANDUM
TO: M yor and City Council
n
FROM: r obert L. Van Nort, City Manager
SUBJECT: COUNCIL VACANCY/APPOINTMENT
DATE: November 6, 1990
This office has been requested to prepare a recommendation on the
various approaches the City Council may wish to undertake to fill
a pending Council vacancy.
ISSUE•
Should Councilman Horcher be successful in his quest for State
Assembly, the following methodology is available to the Council:
1. At the November 6 Council meeting, the Council would
direct staff to agendize the potential vacancy at its
November 13 meeting. The issue at hand would be the
procedure and time table to fill the potential unex-
pired term of Councilman Horcher.
2. November 13 meeting (special meeting), the Council
adopt procedures for filling potential vacancy. There
presently are no guidelines on record that dictates how
Council should appoint a member Council vacancy. There
are two alternatives: appoint or call for a special
election. The Walnut Valley Unified School District
recently underwent the replacement process that appears
to have addressed the concerns of all involved. The
process included each member to submit up to two names
to be interviewed,by the full Board. Therefore, it is
suggested that the Council, if they concur, submit up
to two names of individuals they would consider to re-
place Councilman Horcher. Any one interested in being
nominated should contact a member of the City Council
directly. The names would be submitted by Council
Members to the City Manager on November 15, 1990 at
5:00 p.m. Invitations to an open meeting to be inter-
viewed by full City Council will then be extended to
those individuals nominated. The date for the
interviews will be set at the November 13 meeting. It
is proposed that the Council interviews be scheduled
from November 29 to December 3, 1990.
VACANCY/APPOINTMENT
November 6, 1990
Page two
3. The Council, at the December 18 meeting,
can be reached, may appoint an individual
unexpired term of Councilman Horcher.In
Ahould fail to achieve a majority
Attachment
r.
t
ii
We
in
Ord
imm
votes to select
called for June,
a successor,
1991.
an election
if a consensus
to fill the
the event
of three
shall be
JAMES L. MARKMAN
ANDREW V. ARCZYNSK1
RALPH D. HANSON
F. ELLIOT GOLDMAN
JEFFREY KING
D. CRAIG Fox
MARTHA GEISLER PATTERSON
WILLIAM P. CURLEY $
MEMORANDUM TO:
NUMBER ONE CIVIC CENTER CIRCLE
P.O. 80X IOS9
8REA, CALIFORNIA 92622-1059
TELEPHONE (7141 990-0901
(213) 691-3811
9113 FOOTHILL BOULEVARD
October 5 SUITE 200
1990 RANCHO CUCAMONGA. CALIFORNIA 91730
TELEPHONE (714) 980-2742
[(714) 381-0216
IN REPLY PLEASE REFER TO;
Robert L. Van NortBrea
and Lynda Burgess, City Manager
City of Diamond Bar City Clerk,
FROM: Andrew V. Arczynski, City Attorney�01/5�
RE: Filling of Potential Council Vacancy.
As we have discussed, recently,
arisen as to the appropriate process to be the question has
followed in the
event that a vacancy were to occur on the City Council. Our
review of the California Government Code and related provisions
in the California Elections Code reveals a relatively limited
range of options available to the Cit
on the number of options available isydue, essentially,
The limitation
fact that the City is a essentially, to the
governed b general law city and is, accordingly,
provisions byospecificf State Latate law provisions. The specific
vacancy and elected Office commencetaining tattCalifornia Government
Code § 36512. Section 36512
may, within thirt I provides, that the City Council
ter the occ
appoint an individualytoafill tvacancence of a vacancy,
does not appoint within the thihe he y' If the City Council
is then required to call for a "special', y day time frame, the Council
vacancy. Section 36512 requireshattheelection to fill the
held on the "next regularly special election be
than ninety days from the call tOflthee
" election date" not less
special election. The
individual either appointed or elected
would hold office for the unexpired termuofuthe former6512
incumbent.
Section 36512.1 provides that the City may
ordinance requiring that a special election be calledadopt an
immediately to fill every such vacancy. In essence, such an
Robert Van Nort
Lynda Burgess
October 5, 1990
Page Two
ordinance would divest the Council of the thirty day window of
opportunity in which to appoint. The election to be called
pursuant to an ordinance adopted under § 36512.1 would occur on
the same date as specified in Section 36512. In addition,
§ 36512.1 authorizes the Council to adopt an ordinance which
would require the holding of a special election to fill a
Council vacancy if petitions bearing a specified number of
signatures are filed. The number of signatures required is not
specified in the statute and, accordingly the City Council
would be required to determine the appropriate number.
Typically, however, such petition requirements are established
in such a fashion as to mirror state law requirements for the
filing of initiatives. Accordingly, a 10% or 15% number would
likely be the type of number utilized by a City Council. The
election, itself, would be conducted on the same date as
specified in § 36512.
Finally, § 36512.2 authorizes a City to adopt an
ordinance providing that an individual may be appointed to fill
a vacancy but hold the office only until the date of a
"special" election, which would be called immediately, to fill
the remainder of the term. The election under § 36512.2 would
be conducted on the date of the "next regularly scheduled
election to be held throughout the City".
We note from our review of the code sections and the
pertinent authorities, that the State Legislature has used a
term of art in defining the time line for the "special"
election which would be called in the event that a vacancy was
not filled by appointment. As you know, a "special" election
typically is one which is called for on fairly short notice and
may occur, virtually, at any time. However, by use of the term
"regularly established el6ction date" the Legislature has
restricted the dates upon which such an election would be held.
Under the California Elections Code, the first Tuesday after
the first Monday of June and November of every year are
"regularly scheduled election dates" as are the second Tuesday
in April of even numbered years and the first Tuesday after the
first Monday in March of odd numbered years. Accordingly,
under § 36512 (which requires no ordinance to effectuate), if
the vacancy were declared and an appointment not made by
December 4, 1990, the election would occur in March of 1991.
If the vacancy occurred and no appointment was made until after
the December 4, 1990 date, the election would occur in June,
1991.
Robert Van Nort
Lynda Burgess
October 5, 1990
Page Three
Accordingly, we believe that § 36512 provides the
greatest level of flexibility to the City Council, should a
vacancy occur. That Section would permit either appointment
within thirty days or the calling of a special election which
would occur in either March or June, depending upon the date
that the call for the special election occurred. The remaining
Sections discussed above would, in essence restrict the City
Council's ability to either fill the vacancy by appointment on
one hand or require a special "mid-term" election to occur.
Finally, under § 36512.1, the City Council could proceed with
the appointment process and, by an ordinance enacted under that
Section, be required to conduct a special election in the event
a specified number of registered voters filed the appropriate
petition requiring the conduct of a special election.
Again, as noted above, it would appear that Section
36512 would provide the greatest level of flexibility to the
Council. All of the other provisions essentially would require
that an election be held and would divest the Council at any
opportunity to appoint an individual for the remaining term and
conserve City funds.
Should you require further information or wish to
discuss the matter in further detail, please do not hesitate to
contact this office at your convenience. In addition, you may
wish to distribute this memorandum to the City Council members
for their perusal.
C\1011\MRVN\DB 9.2
DRAFT.
City of Diamond Bar 11/23/92
Meeting Agenda For Page: 1
December 1, 1992
1. CLOSED SESSION: 5:00 P.M.
Litigation - Section 54956.9
Personnel - Section 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:
4. COUNCIL COMMENTS:
5. CONSENT CALENDAR:
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 CITY COUNCIL MEETING - DECEMBER 8, 1992 - 6:00 P.
M., AQMD Auditorium, 21865 E. Copley Dr.
5.1.2 TRAFFIC & TRANSPORTATION COMMISSION - DECEMBER 10,
1992 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley
Dr.
5.1.3 PLANNING COMMISSION - DECEMBER 14, 1992 - 7:00 P.
M., AQMD Auditorium, 21865 E. Copley Dr.
5.1.4 CITY COUNCIL MEETING - DECEMBER 15, 1992 - 6:00 P.
M., AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER
17, 1992.
5.3 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED
December 1, 1992 in the amount of $
TREASURER'S REPORT - REVIEW & APPROVE TREASURER'S
Report for the Month of October, 1992.
5.5 PARKS & RECREATION COMMISSION MINUTES - REGULAR
Minutes.of October 22, 1992. Receive & file
/ F��t�tvx, �
5 TRANSMIT;L OF FINAL AUDIT REPORT FOR YEAR ENDED
JUNE 30, 1992 - The accounting firm of Thomas, Byrne &
Smith has been retained as auditors for the City of Diamond
Bar. In conjnction with this service, final audit reports
for FY 91-92 have been prepared and are being transmitted.
During FY 1991-92, the City received funds from the Federal
Government via the Office of Traffic Safety Grant. As a
result, additional reports were prepared as and are being
transmitted as required by the Single Audit Act.
City of Diamond Bar
11/23/92
Meeting Agenda For Page: 2
December 1, 1992
TRANSMITTAL OF FINAL AUDIT REPORT FOR YEAR ENDED
Recommended Action: Receive & file the Final Audit Reports
for FY 91-92 as prepared by Thomas, Byrne and Smith.
RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR DENYING VESTING
(j�•�� TENTATIVE TRACT MAP 47850...
Recommended Action: Adopt Resolution No. 92 -XX...
5.8 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR PURCHASE OF SUPPLIES FOR ENVIRONMENTAL
ENHANCEMENT PROJECT -
Recommended Action:
�. OL,D, BUUSSINESS:
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.
OW10010 Recommended Action: Approve mid -year budget amendment for
Fiscal Year 1992-93 as presented.
S.2 RESOLUTION NO. 90-45F: RESOLUTION 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 -
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NEWBU�:
.4 SOLID WASTE CONTRACT -
so Recommended Action:
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7.1 ORDINANCE NO. X (1992): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR .... UNIFORM WATER
ORDINANCE - first reading.
Recommended Action:
�7 7.2 RESOLUTIO O. 92-X) A RESOLD��9ii� THE CIT
OU OF THE CITY DI BAR BAg TIVE
ION -
City of Diamond Bar
Meeting Agenda For
December 1, 1992
7.2 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY
Recommended Action: Adopt Resolution No. 92 -XX
7 3 RE OLUTION XO. 92 -XX: ESOLUTI OF E CI
IL O E CITY O DI ND B ..• ANWCML
USI SS OR GALS./.BID (DB ) -
Recommended Action:
11/23/92
Page: 3
ISADVANTAGED
7.4 ORDINANCE NO.*(1992): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR... TRANSPORTATION DEMAND
MANAGEMENT...
ecommended Action:
7.5 OF POSTING BOX LOCATED AT PLNUT V
UNIFIED SCHOOL DISTRICT FACILITY W
Recommended Action:
7.6 TRANSFER OF PRIVATE SEWER NO. 10883 -
Recommended Action:
8. PUBLIC FARING: 7:00 -P.M. dR AS SOON THEREAFTER p �p
matters can be heard. T
as m �
8.1 HILLSIDE MANAGEMENT ORDINANCE:
Recommended Action:
9. ANNOUNCEMENTS:
10. ADJOURNMENT:
A California non-profit
public benefit corporation
Board of Directors:
Albert Licciardo
President
Martin Rochford
Vice President
Alan LaBounty
Treasurer
Greg Rochford
Director
Carter Schuld
Corps Director
PACIFIC EDITION BOOSTER CLUB
1186 S. Diamond Bar Blvd., Unit 627
Diamond Bar, California 91765
December 1, 1992
City Council
City of Diamond Bar
21660 E. Copley - Suite 100
Diamond Bar, CA 91765
Dear Council members:
Please allow me to take the opportunity to introduce you to the Pacific Crest Drum &
Bugle Corps which is planning its first competitive season to begin in June of '93. The
Pacific Crest will be representing Diamond Bar throughout the state of California
during its first year of regional competition with plans to expand our competitive
range to the Rocky Mountains in '94 and on to the international competition in
Buffalo, New York, in'95.
The Pacific Crest will be comprised of 45 to 60 of our areas young people between the
ages of 14-21 who are interested in expanding their experience of musical and dance
performance above and beyond that of school activities. Pacific Crest is a private
nonprofit organization.
We welcome an opportunity to present you with an overview of the drum and bugle
corps activity, the "Summer Music Games" competitions, and the Pacific Crest goals
and objectives. This organization will provide a rewarding experience to the young
people of our community as well as a representation to the state, and eventually to
the nation, the quality of young people that arise from the beautiful hills and valleys
of the Diamond Bar area. We would appreciate placement on the next meeting
agenda for a period of 20-25 minutes.
We look forward to carrying the name of Diamond Bar to performance venues
around the state and country in the ensuing years.
Thank you for your consideration.
Sincer ,
Carter Schuld
Corps Director
Youth through musical and visual performance