HomeMy WebLinkAbout12/15/1992CITY COUNCIL
AGENDA
Mayor — Gary G. Miller
Mayor Pro Tem —Phyllis E. Papen
Councilman — John A. Forbing
Councilman — Gary H. Werner
Councilman — Jay C. Kim
City Council Chambers
are located at:
South CoastAir Quality Mmgenwt a'sodAudtown
21865 East Copley DrAe
MEETING DATE: December 15, 1992
MEETINGTIME: closed Session - 5:00 p.m.
Regular Session - 6.00 p.m.
Terrence L Belanger
City Manager
Andmw V. ArczrnW
City Aftw"
Lyndapess
City Clerk
Copies of dal reports or otter wiltten documentation relating to each item referred to on ibis agenda
are on fNa in the office of Vw City Clerk and ars evalkMs for pubic irrcpmMon. ityorr have questions
cegardlrg an agenda 111m. picaee contact the Cily Clerk at (714) NO -2486 during business hours.
The Clty of Dlanand Bar uses RECYCLED paper and encouuragas you to ab ft 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. 92-66
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 Miller
INVOCATION: Reverend Raul Ries; Calvary Chapel
Golden Springs
ROLL CALL: Councilmen Kim, Forbing, Werner, Mayor Pro
Tem Papen, Mayor Miller
3. PUBLIC CONKENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an oppor-
tunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Please complete a Speaker's Card and give it to
Council.
4. COUNCIL COMMENTS: Items raised by individual
Councilmembers are for Council discussion. Direction may be
given at this meeting or the item may be scheduled for action
at a future meeting.
5. CONSENT CALENDAR:
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 Parks & Recreation Commission - December 17,
1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr.
5.1.2 CITY OFFICES CLOSED - DECEMBER 24 & 25, 1992 -
Will reopen on Monday, December 28, 1992.
5.1.3 Planning Commission - December 28, 1992 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.1.4 CITY OFFICES CLOSED - JANUARY 1, 1993 - will
reopen Monday, January 4, 1993.
5.1.5 City Council Meeting - January 5, 1993 - 6:00
p.m. - AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES - Regular Meeting of December 1,
1992.
5.3 WARRANT REGISTER - Approve Warrant Register dated
December 15, 1992 in the amount of $416,290.97.
DECEMBER 15, 1992 PAGE 2
5.4 CLAIM FOR INDEMNIFICATION - Filed by County of Los
Angeles regarding Claim for Damages of Sherry Tyree.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk
Manager.
5.5 NOTICE OF COMPLETION - 1991-92 SLURRY SEAL IMPROVEMENT
PROGRAM - AREA TWO - On April 21, 1992, Council awarded
a slurry seal contract to Roy Allan Slurry Seal, Inc. in
the amount of $145,599.75. The work, including the
necessary repairs, has been determined to be in
accordance with plans and specifications approved by the
City.
Recommended Action: Accept work performed by Roy Allan
Slurry Seal, Inc. and authorize the City Clerk to file
the proper Notice of Completion.
6. OLD BUSINESS:
6.1 SELECTION OF COUNCIL APPOINTMENT TO FILL VACANCY
6.2 CITY COUNCIL COMMITTEE APPOINTMENTS
6.3 CONSIDERATION OF INSTALLING GUARDRAILS ALONG THE
NORTHERLY SIDE OF GRAND AVENUE -AT ROLLING KNOLL ROAD -
To address residents' concern on Gold Nugget Ave. regard-
ing noise, traffic accidents, speeding vehicles and
debris, several options have been reviewed and discussed
by the Traffic & Transportation Commission and the City
Council. Of those options, presented in the November 17,
1992 Council report, guardrails screened with hedges were
recommended by Council.
Recommended Action: Consider limiting construction to no
more than 250 lineal ft. of guardrail with hedges; and
that residents increase their respective slope area
landscaping along Grand Ave. Further, direct that bids
be taken for the lined feet of guardrail to be installed
and brought back for City Council action at the meeting
of January 19, 1993.
6.4 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. Continued from
December 1, 1992.
Recommended Action: Approve mid -year budget amendment
for Fiscal Year 1992-93 as presented.
DECEMBER 15, 1992 PAGE 3
6.5 RESOLUTION NO. 90-45F: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS - The City Manager has recommended changes 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. Continued from December 1, 1992.
Recommended Action: Adopt Resolution No. 90-45F amending
Personnel Rules and Regulations which amends, reforms,
and supersedes Resolution Nos. 90-45 and 90-45A through
90-45E.
6.6 PROPOSED SEWER PROJECT IN "THE COUNTRY" - A determination
needs to be made related to proceeding with the proposed
sewer assessment district for 146 properties in "The
Country."
Recommended Action: Establish the Council meeting of
January 19, 1993 as the time and place for considering a
Resolution of Intention for proceeding with the proposed
district; authorize staff to proceed with securing
competitive bids for design of the proposed sewer system;
direct that a petition be circulated to the affected
property owners pursuant to Section 2804.5 of the Streets
and Highways Code; direct staff to determine any EIR
requirements for inclusion in the report to be prepared
for January 19, 1993; and authorize an amount not to
exceed $45,000 for City Engineering support.
6.7 RESOLUTION NO. 90-95A: MUNICIPAL SOLID WASTE COLLECTION,
DISPOSAL AND RECYCLING SYSTEM - On December 1, 1992, the
City Council terminated all negotiations with Western
Waste Industries for the provision of solid waste
collection, disposal and recycling services within the
incorporated City boundaries and directed staff to
prepare, for the Council's consideration, a non-exclusive
contract that could be granted to any qualified solid
waste contractor meeting the requirements and standards
set forth by the City.
Recommended Action: Adopt Resolution No. 90-95A which
amends and reforms the existing permit system for the
collection and disposal of solid waste and direct staff
to issue notice to all permitted waste haulers and other
interested parties of the City's intent to issue
individual agreements commencing January 1, 1993 for the
collection, transportation, recycling, composting and
disposal of solid waste, recyclables and compostable
materials generated within the City.
DECEMBER 15, 1992
7.
8.
NEW BUSINESS:
PAGE 4
7.1 SHERIFF'S CIVILIAN ADVISORY BOARD APPOINTMENTS - Two (2)
at -large members appointed by Council.
7.2 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING WATER EFFICIENT
LANDSCAPE REGULATIONS - California's Model Water
Efficient Landscape Ordinance, as required by AB 325,
will automatically go into effect January 1, 1993 for all
cities who do not adopt their own local water efficient
landscape ordinance or resolution, or issue findings that
no ordinance is necessary. Staff reviewed the State
model ordinance and determined that its provisions are
not practical for implementation in the City due to
staff -intensive requirements and the lack of
City -controlled, water -monitoring information systems.
As an alternative to the State model ordinance, the East
San Gabriel Valley Planning Committee prepared model
regulations which address the needs of the cities in this
region.
Recommended Actions Adopt Resolution No. 92 -XX and
accept the Water Efficient Landscape Regulations as set
forth in Attachment A of the Resolution.
7.3 ESTABLISHMENT OF ECONOMIC DEVELOPMENT STRATEGIC PLAN TASK
FORCE - The Council recently received the final draft of
a business retention plan from the Magellan Group. Among
the recommendations, the retention plan discusses
completion of a business survey and 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. Continued
from December 1, 1992.
Recommended Action: Direct staff to prepare an organi-
zation plan for the establishment of an Economic
Development Strategic Plan Task Force; and appoint a City
Council Subcommittee for Economic Development.
PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
DECEMBER 15, 1992 PAGE 5
8.1 ORDINANCE NO. 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
expiration of the Interim Hillside Management Ordinance
(Ordinance No. 14-B(1990)) make it necessary to establish
permanent standards for hillside development. The intent
of Zoning Code Amendment No. 92-2 is to revise 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. Continued from December 1, 1992.
Recommended Action: Open Public Hearing, take testimony
and approve for first reading by title only and waive
full reading of Ordinance No. XX (1992) Hillside
Management Ordinance.
9. ANNOUNCBMSNTS:
10. ADJOURNMSNT:
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Closed Session at
5:00 p.m. and a Regular Meeting at the South Coast Air Quality
Management District Auditorium, located at 21865 E. Copley Dr.,
Diamond Bar, California at 6:00 p.m. on Tuesday, December 15,
1992.
Items for consideration are listed on the attached agenda.
I, LYNDA BURGESS, declare as follows:
I am the City Clerk in the City of Diamond Bar; that a copy
of the Notice for the Regular Meeting of the Diamond Bar City
Council, to be held on December 15, 1992 was posted at their
proper locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this Sth day of
December 11, 1992, at Diamond Bar, California.
/s/ Lynda Burgess
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY COUNCIL REPORT
AGENDA NO. i•
MEETING DATE: November 17, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Amendment to Personnel Rules and Regulations (Resolution Nos. 90-
45; 90-45A through 90-45E): Benefit Package, Administrative/Executive
Position Designations, and Salary Schedule.
ISSUE STATEKENT: 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.
RECONKENDATION:
It is recommended that the City Council approve amended Personnel Rules and
Regulations as set forth in Resolution No. 90-45F, which amend, reforms, and
supersedes Resolution Nos. 90-45 and 90-45A through 90-45E.
The City Council adopted Personnel Rules and Regulations, (Resolution Nos.
90-45, 90-45A through 90-45E), which in part established policies regarding
benefits, administrative/executive position designations, and salary
schedules.
The City Manager has recommended to the City Council changes to employees'
wages, hours, and working conditions. The City Manager has also recommended
several personnel classification additions and modifications. These changes
require amendment to the City's personnel rules and regulations, as well as,
the establishment or modification of salary schedules for full-time and part-
time positions.
The changes to the personnel rules and regulations include: 1) the
modification of the amount of monies paid on behalf of employees for fringe
benefits by $22 per month, 2) the designation of additional administrative/
executive employees --Director of Community Services, Accounting Manager,
Senior Engineer, Assistant Civil Engineer, and Transportation Planner; and,
3) a 4% increase in salary ranges.
The City Planner position has been changed to Director of Community
Development and the City Engineer position to Director of Public Works.
There will be a total of twenty-four (24) full-time positions in FY 1992-93,
as compared to twenty-three (23) full-time 11- FY There
will be two (2) part-time positions in FY 1992-93, as compared to seven (7)
part-time positions in FY 1991-92.
P BY:
Terrence L. Belanger
City Manager
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).
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 and of six months, the employee
will be given a performance evaluation and say be eligible for the
next step. Every year thereafter, employees shall be given a
performance evaluation and shall move to each successive step, so
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(a), 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.]lye, defined as Management, shall receive an additional
4.00sper month to be applied as described in Section 6.
B. All employs" 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). Monies in excess of the City's
457 Plan, may be paid -off annually, during each December.
Hourly oo�ensation fota,,the various part-time positions shall be as
set forii tit Schedule B (attached) .
SECTrw 9. STATUS OF EMPLOYMENT
All employes serve under the City Manager, pursuant to Government
Cods Section 34434. Per Government Cods 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 -tins 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 say require an employee
to temporarily perform service in excess of five (5) days
per weak 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 -tine employs*, other than an Administrative/
Executive enployee, who is required to work on an
observed holiday beyond the regular 40 -hour work weak,
shall be sntttled 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.
SECTION 14, ANNUAL VACATION
YEARS or SERVICE VACATION ACCRUAL
1 - 5 10 days
6 - 10 15 days
11 A up 20 days
Resolution No. 90-45F
Page Four
-r • . ; .l.t • . -
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 mads at least five (5)
days in advance and prior approval must be given by
employee's supervisor and department head.
J. if an employe does not request time off in advance and
simply does riot 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 (S) years of service.
SECTION is, 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
SECTION 15, SICK LEAVE (con't)
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, it 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 data basis.
The annual accrued sick leave, over the maximum accumulation,
shall be paid once, a year, at the employea'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 employs& retires,
resigns or terminates in good standing, that employes will be
paid all accumulated sick leave at a rata of one-half (1/2) of
the employee's current rats of pay at his/her data 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 Xanagor. In order to receive sick
kava with pay, the employee shall notify the department
head prior to or within two (2) hours after the time set
for beginninq 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
is which that employes 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 usinq all accumulated sick leave may be doomed
to have abandoned their employment.
Resolution No. 90-45F
Page Six
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 employsient 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 employees 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 employ" 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 employ" 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 tires 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)
S. Labor Day (observed first Monday in September)
6. Veteran's Day (November 11)
7. Thanksgiving Day
S. 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. Mach 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 Kanager 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 data 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-veek notice requirement.
SECTION 26, ANTI -NEPOTISM PROVISION
A. Relatives of those listed below may not be employed
anywhere in the city organization:
1. City Councilsembers;
2. Standinq 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 sage 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 sass 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 (S) 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'.(S) 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 Kanager by the employee within five
(S) 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 (S) 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 ars 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
Assistagt to this 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 authorisationt each employee
shall be entitled to raAmbursement 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 reimbursexent 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 meetinq of ths�ty Council of the City of Diamond Bar held
on the day of , 1992, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL HERS:
ABSENT: COUNCIL MEMBERS:
A88TAINID: COUNCIL MEMBERS:
ATTEST:
LYNDA BURGESS, City Clark of
the City of Diamond Bar
Cade Ba>&WBM t 1074 10.74 11.27 11.84 12.43 13.05 13.70 14.39
OIW= 1,861.12 % 1,954.17 2,051.88 2,154.48 2,26Q.20 2,37531 2,494.08
22,333.41 23,4.50.08 24,622.59 25,853.72 27,146.40 28,503.72 29,928.91
.Pau MtiwmACD
CITY OF DIAMOND BAR
11.37
11.94
12.53
13.16
13.82
(Proposed)
Wor1w ll
1,876.62
1,970.45
2,068.98
2,172.43
2,291.05
SALARY RANGES BY POSITION
2,514.86
22,519.48
23,645.46
24,827.73
26,069.12
1992-93
28,741.20
30,178.26
DgpWy CW CIO*
1131 11.31
11.88
12.47
13.10
(4.096)
14.44
15.16
11960.98
!OB TITLE Rmp
A
B
C
D
E
F
G
24,708.34
25,943.76
27,240.95
28,602.99
30,033.14
31,534.80
Rid 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. cwk 7)7& 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
2,017.28
18,063.86
18,967.05
19,915.41
20,911.18
21,956.73
23,054.57
24,207.30
CIO* 7)V in 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
A049of1W 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
AdmbosaiN! 1023
10.23
10.74
11.27
11.84
12.43
13.05
13.70
A=&*
1,712.39
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
seffeaTy 1027
10.27
10.78
11.32
11.88
12.48
13.10
13.76
1,779.30
1,868.26
1,961.67
2,039.76
2,162.75
2,270.88
2,384.43
21,351.56
22,419.14
23,510.09
24,717.10
25,952.95
27,250.60
29,613.13
Cade Ba>&WBM t 1074 10.74 11.27 11.84 12.43 13.05 13.70 14.39
OIW= 1,861.12 % 1,954.17 2,051.88 2,154.48 2,26Q.20 2,37531 2,494.08
22,333.41 23,4.50.08 24,622.59 25,853.72 27,146.40 28,503.72 29,928.91
.Pau MtiwmACD
Im 10.83
11.37
11.94
12.53
13.16
13.82
14.51
Wor1w ll
1,876.62
1,970.45
2,068.98
2,172.43
2,291.05
2,393.10
2,514.86
22,519.48
23,645.46
24,827.73
26,069.12
27,372.57
28,741.20
30,178.26
DgpWy CW CIO*
1131 11.31
11.88
12.47
13.10
13.75
14.44
15.16
11960.98
2,039.03
2,161.98
2,270.06
2,383.58
2,502.76
2,627.90
73,531.75
24,708.34
25,943.76
27,240.95
28,602.99
30,033.14
31,534.80
CITY OF DIAMOND BAR
�z
(Proposed)
SALARY RANGES BY POSITION
1992-93
(4.0%)
JOB TCrLE
RwV A
B
C
D
E
F
G
Adnd6& mdvr
1131 11.31
11.88
12.47
13.10
13.75
14.44
15.16
Secretary
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
Admk&&mdw
1131 11.31
11.88
12.47
13.10
13.75
14.44
15.16
AsaQltaot
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
�$rDg
1367 13.67
14.36
15.07
15.83
16.62
17.45
18.32
TQChQ)WiO
2,369.79
2,488.28
2,612.69
2,743.32
2,880.49
3,024.51
3,175.74
28,437.43
29,839.30
31,352.27
32,919.88
34,565.88
36,294.17
38,108.88
Plammitg
1367 13.67
14.36
15.07
15.83
16.62
17.45
18.32
Tachmicim
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
SQmmfy to the
1471 14.71
15.45
16.22
17.03
17.88
18.77
19.71
City Mm4w
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
Asaiadat C"
1471 14.71
15.45
16.22
17.03
17.88
18.77
19.71
BtlOCl
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
Asdg&mlto do
1471 14.71
15.45
16.22
17.03
17.88
18.77
19.71
alymamw
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
kwof
1707 17.07
17.93
18.82
19.76
20.75
21.79
22.88
PwA4om
2,959.25
3,107.21
3,262.57
3,425.70
3,596.99
3,776.64
3,965.68
35,511.00
37,286.55
39,150.88
41,108.42
43,163.85
45,322.04
47,588.14
Samor Accounaat
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
M3
(Proposed)
SALARY RANGES BY POSITION
1992-93
(4.0%)
JOB T1TLB RSW
A
B
C
D
6
P
Q
Aawde t Pbasl 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
AoociW 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
1788
17.88
18.78
19.72
20.70
21.74
22.82
23.96
Phma.
3,099.58
3,254.56
3,417.29
3.588.16
3,767.56
3,955.94
4,153.74
37,193.00
39,054.75
41,007.49
43,057.86
45,210.76
47,471.30
49,844.86
AC000®tiffg Mamew 1835
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
40,063.04
42,067.20
44,191.56
46,401.13
48,721.19
51,157.25
swiw E 1922
19.22
20.18
21.19
22.25
23.37
24.53
25.76
3,332.05
3,496.65
3,673.59
3,857.27
4,050.13
4,252.64
4,465.27
39,964.62
41,983.85
44,063.05
46,287.20
48,601.56
51,031.64
53,583.22
cwy CIO* 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
Cammmity Se vkm 2m
20.73
` 21.79
22.68
24.02
25.22
26.48
27.81
Antcafar
3,596.96
3,776.81
3,965.65
4,163.93
4,372.12
4,5W73
4,820.27
43,163.44
45,321.66
47,587.74
49,967.13
52,465.49
53,066.76
57,843.20
COMM D9 d*mgW 2686
26.86
28.21
29.62
31.10
32.66
34.29
36.00
Dita.W
4,656.38
4,889.20
5.133.66
5,390.33
5,459.96
5,942.86
6,240.00
55,876.61
S8,670.44
61,603.96
64,664.16
67,918.37
71,314.29
74,860.00
C* ft-OW& 2686
26.86
28.21
29.62
31.10
32.65
34.29
36.00
A,QM DlrnaCW
4,656.36
4,80.20
5,133.66
5,390.35
5,659.86
5,942.86
6,240.00
55,876.61
56,670.44
61,603.96
64,664.16
67,918.37
71,314.29
74,880.00
CITY OF DIAMOND BAR #3
(Proposed)
SALARY RANGES BY POSITION
1992-93
(4.0%)
JOB TITLE Raine A B C D B F G
Aunt City►
City mmeow
hftrnApwt-Tm, w
2855 28.55
29.97
31.47
33.05
34.70
4,948.15
5,195.56
5,455.34
5,728.11
6,014.51
59,377.84
62,346.73
65,464.06
68,737.27
72,174.13
36.43
38.26
6,315.24
6,631.00
75,782.84
79,571.98
7,600.00
91,200.00
A B C D B F G
7.00 7.50 8.00 8.50 9.00
11
9.50 10.00
SALARY ADJUSTMENTS
(COST OF LIVING ADJUSTMENTS)
Fiscal Year 1992-93
C
COLA:
EFFECTIVE DATE
BALDWIN PARK
NO
N/A
BREA
a%If
7-1-92
CHINO
8%
7-1-92
CHINO HILLS
4%
7-1-92
CLAREMONT
3.8%
8-1-92
COVINA
NO
N/A
CYPRESS
3%
12-1-91
DANA POINT
NO
N/A
FULLERTON
NO-
N/A
GLENDORA
3.3%d
7-1-92
LA VERNE
NO
N/A
LAOUNA MIGUEL
NO
N/A
MISSION VIEJO
S%
1-1-92
MONTC W R
2%
7-1-92
MORENO VALLEY
NO
N/A
PLACENTIA
3.7%
9-1-92
POMONA
NO
N/A
RANCHO CUCAMONGA
NO
N/A
SAN DIMAS
3%
7-1-92
TEMECULA
NO
N/A
TEMPLE CITY
2%*
See Below
UPLAND
NO
N/A
WALNUT
3.1%
7-1-92
WEST COVINA
3'1%-o
1-1-93
YORBA LINDA
3.7%
7-1-92
AVERAGE 1 3.68%
NOTE:
Benchmark chloo are denoted In BOLD.
Il The City of Brea pew an scroes-the-board Increase of slot (e%) percent to
the folwo g bargetning units: General Employees; Supervisory. Firs,
Non -Safety ManagemorC
- Although general employees didn't receive a sdery adjustment, Fullerton
gave police olllwa a three p%) Percent ssYry adjwtment effective 41-1-92.
a The City of Glendora gee a 3.6 percent bierease to general employees
and • 3.76 psreartf Ntoreess to management employees.
* The City ofTempb City gem a 1% Increase e0 -live 7-1-92 and will give
ano$ner I% ltr now as of 1-1-93.
. Thin three (21 paraarnt increase in appltoabb to general employees and fire
peraormel only. Other bargaining unNs have negotiated separate Increases
SALARY ADJUSTMENTS
(COST OF LIVING ADJUSTMENTS)
Fiscal Year 1992-93
C
COLA
EFFECTIVEDA-TI
BALDWIN PARK
NO
B REA
a%I l
N/A
CHINO
6%
7-1-92
CHINO HILLS
4%
7-1-92
CLAREMONT
3'0%
7-1-92
COVINA
NO
8-1-92
CYPRESS
3%
N/A
DANA POINT
NO
12-1-91
F ULLERTON
NO -
N/A
GLENDORA
3 5%8
N/A
LA VERNE
NO
7-1-92
LAGUNA NIGUEL
NO
N/A
MISSION VIEJO
S%
N/A
MONTCLAIR1
2%
-1-92
MORENO VALLEY
NO
7-1-92
PLACENTA
3.7%
N/A
POMONA
NO
9-1-92
RANCHO CUCAMONGA
NO
WA
SAN DIMAS
3%
N/A
TEMECULA
NO
7-1-92
TEMPLE CITY
2%*
N/A
UPLAND
NO
See Below
WALNUT
3.1%
N/A
WEST COVINA
3%•
7-1-92
YORBA LINDA
3.7%
7-1-92
AVERAGE
3.6896
NOTE:
Benchmark cities are denoted In BOLD.
1I The City of Brea gave an across-the-
board Increase of slot (13%) Percent to
the following bargaining units: General Employees, Supervisory, Fire,
Non -Safety Management.
- Although general employees didn't receive a
90149 police officers a tine (,9%) percent salary adj t ofhctftct ,Fullerton
d The City of Olendoa wary adjustment Ne 8-1 -92.
90w a 3.5 percent Increase to general employees
and a 3.75
Ferment increase to management employees.
t� The City of Temple City gave a 1% Increase efbative 7-1-92 and will g"
another 1 % inclsaae as of 1
• This three (3) percent irlorsaae Is applicable to general employees and fire
Personnel only. Other bargaining units have negotiated separate Increases.
MINUTES OF THS Cr=r cvvrrc=L DRAFT
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 1, 1992
1. CLOSED SESSION: Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
No reportable action taken.
2. CALL TO ORDER: M/Kim called the meeting to order at 6:00
p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar,
California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by M/Kim.
ROLL CALL: Mayor Kim, Mayor Pro Tem Papen,
Councilmen Forbing, Miller and Werner.
Also present were Terrence L. Belanger, City Manager; Andrew
V. Arczynski, City Attorney; James DeStefano, Community
Development Director; George Wentz, Interim City Engineer; Bob
Rose, Community Services Director and Lynda Burgess, City
Clerk.
3. PUBLIC COMMENTS: Carter Schuld, 1928 Chestnut Creek
Rd., announced the formation of a local musical dance group
for ages 14 to 21 called "The Pacific Crest Drum and Bugle
Corps."
William Gross, 21637 High Bluff Rd., expressed concern that
citizens involved in the Referendum process and others
pursuing private interests in the political process had been
unduly intimidated by those in the City government. He
commented on the appearance of conflicts of interest surround-
ing political contributions received by MPT/Papen and
allegations made by the L.A. Times involving C/Miller's
activities with Mr. Lancaster in the City of Covina.
C/Miller replied that he had never threatened anyone involved
in the Referendum nor had he written to the FPPC regarding
anyone involved in the Referendum. In regard to recent
allegations made by the L.A. Times, he stated that his actions
as a businessman had nothing to do with his actions as a City
Councilmember.
MPT/Papen pointed out that campaign contributions are not
conflicts of interests. Furthermore, councilmembers must make
full disclosure regarding income, employment, etc., yet these
special interest groups have not disclosed who is funding
their political pursuits. Citizens should be kept informed of
these types of contributions as well.
Fred Scalzo, President of the Chamber of Commerce, regarding
a recall survey that mentioned the Chamber of Commerce,
clarified that the Chamber is not part of that effort and that
they do not get involved in partisan or individual politics.
The Chamber is neutral and only takes a position in favor of
or against issues.
DECEMBER 1, 1992
PAGE 2
Eileen Ansari, 1823 S. Cliffbranch Dr., suggested that the
City utilize expert resources living within the community;
that the City could sponsor a food drive in coordination with
the Chamber of Commerce for donation to the Walnut Valley Food
Bank to aid families that have lost their jobs or are in need
during this difficult economic period; and that the City
utilize vacant stores for various recreational activities,
since it appears as though the new Heritage Park Building will
not be adequate in size.
CM/Belanger reported that the size of the Heritage Park
Building will be adequate and more such centers will
ultimately be constructed within the City. The City has
pursued, and will continue to pursue, the use of store fronts
for both senior and youth activities. Staff will bring back
a report to Council on the use of those facilities.
Frank Dursa, 2533 Harmony Hill Dr., expressed concern that
Council accuses citizens of grandstanding in front of the
camera simply because they have a difference of opinion with
the Council. He noted that it was Mr. Lancaster who wanted to
develop a racquet club in one of the parks when the City first
incorporated.
4. COUNCIL COMMENTS: C/Forbing, in response to a letter to
the editor written by Martha Bruske published in the Tribune,
stated that the comments made were incorrect. He pointed out
that the Council seriously considered expert comments made by
citizens regarding the Tonner Canyon development, as well as
those suggestions made by Mr. George regarding the trash
contract.
5. CONSENT CALENDAR: M/Kim announced that he would abstain
from approval of the Minutes of November 17, 1992, because he
was not present during that meeting.
C/Forbing moved, MPT/Papen seconded to approve the Consent
Calendar. With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen,
M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
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.
DECEMBER 1, 1992 PAGE 3
5.2
APPROVAL
OF MINUTES - Regular Meeting of November 17,
1992 -
Approved as submitted (M/Kim abstained from
approval
due to his absence from this meeting).
5.3
WARRANT
REGISTER - Approved Warrant Register dated
December
1, 1992 in the amount of $425,954.33.
5.4
TREASURER'S REPORT - Received and filed Treasurer's
Report for Month of October, 1992.
5.5
PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of October 22, 1992 - Received & filed.
5.6
TRAFFIC
& TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of September 10, 1992 - Received & filed.
5.7
PLANNING
COMMISSION MINUTES -
5.7.1
Regular Meeting of August 10, 1992 - Received
& Filed.
5.7.2
Regular Meeting of September 14, 1992 -
Received & Filed.
5.7.3
Regular Meeting of September 28, 1992 -
Received & Filed.
5.7.4
Regular Meeting of October 12, 1992 - Received
& Filed.
5.7.5
Regular Meeting of October 26, 1992 - Received
& Filed.
5.8 PLANS AND SPECIFICATIONS FOR PURCHASE & DELIVERY OF
PLANTING AND IRRIGATION MATERIALS FOR ROUTE 60 FREEWAY
PROJECT - Approved plans and specifications for purchase
and delivery of planting and irrigation materials for
Route 60 Freeway project and directed the City Clerk to
advertise to receive bids.
5.9 CLAIM FOR DAMAGES - Filed by Vinod & Sushma Kashyap filed
November 16, 1992. Rejected request and referred 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 -
Directed staff to prepare a Bill of Sale providing for
transfer of the City's "posting box" sign affixed to the
wall of the WVUSD offices in consideration for the
District's generosity in providing meeting facilities and
a notice posting location to the City.
5.11 ADOPTED THE FOLLOWING RESOLUTION, NO. 92-64, ENTITLED:
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
DECEMBER 1, 1992 PAGE 4
PRIVATE CONTRACT NO. 10883 IN THE CITY OF DIAMOND BAR FOR
FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT,
AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF.
5.12 FINAL AUDIT REPORT FOR FY 91-92 - Prepared by Thomas,
Byrne &Smith - Received & Filed.
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 CERTIFICATE OF RECOGNITION - Presented to Lydia Plunk in
recognition of her certification as a Master Composter.
7. OLD BUSINESS:
7.1 NOMINATION OF CANDIDATES FOR INTERVIEW TO FILL COUNCIL
VACANCY - C/Forbing suggested that rather than each
Councilmember selecting two persons to be interviewed
from among those 15 who sent letters of interest, that
all be invited to the interviews scheduled for December
8, 1992. C/Miller seconded the suggestion.
Following discussion regarding the procedure discussed at
the previous meeting, motion carried by the following
Roll Call Vote:
AYES: COUNCILMEN - Forbing, Miller, Werner, M/Kim
NOES: COUNCILMEN - MPT/Papen
ABSENT: COUNCILMEN - None
7.2 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 - Continued to
December 15, 1992.
7.3 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 recommended changes to wages, hours and working
conditions of City employees, set forth as Personnel
Rules and Regulations in Resolution Nos. 90-45 and 90-45A
through 90-45E - Continued to December 15, 1992.
7.4 RESOLUTION NO. 92-65: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR DENYING, WITHOUT PREJUDICE,
VESTING TENTATIVE TRACT MAP NO. 47850 (A FIFTY-THREE (53)
LOT SUBDIVISION) LOCATED SOUTHEAST OF THE INTERSECTION OF
WAGON TRAIN LANE AND THE NORTHERLY TERMINUS OF
STEEPLECHASE LANE, DIAMOND BAR, COUNTY OF LOS ANGELES,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF -
M/Kim excused himself from discussion of this matter due
to a potential conflict of interest.
It was moved by C/Miller, seconded by C/Forbing to adopt
DECEMBER 1, 1992
PAGE 5
Resolution No. 92-65 denying Vesting Tentative Tract Map
47850 without prejudice. Motion carried by the following
Roll Call Vote:
AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/
Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - M/Kim
7.5 SOLID WASTE CONTRACT - CM/Belanger reported that the
agreement had been amended in accordance with Council
direction and includes input from the proposed franchisee
as well as public comments.
C/Werner, referring to a statement in the staff report
indicating that there had been several meetings held by
staff, the subcommittee, representatives from the Chamber
of Commerce, Western Waste, and other interested
individuals, asked why he was not included in those
meetings since he is part of the subcommittee. He
indicated that he was unable to attend one meeting, and
was not informed of any other meetings that took place.
CM/Belanger explained that the staff report referred to
one meeting held that one subcommittee member was unable
to attend but that that member was aware of it. The
report further referred to another meeting held with
staff and Western Waste to review the changes.
NEW BUSINESS:
8.1 NEEDS ASSESSMENT FOR DIAMOND BAR SENIORS - The City is
planning to establish a senior citizen program at
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.
It was moved by C/Forbing, seconded by C/Miller to
authorize distribution of the Needs Assessment for D.B.
Seniors and appropriate $900 to obtain mailing labels and
mail the Assessment directly to the 2,643 households
identified as having at least one adult over the age of
60 years in residence. Motion carried unanimously by the
following Roll Call Vote:
AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8.2 ESTABLISHMENT OF ECONOMIC DEVELOPMENT STRATEGIC PLAN
TASK FORCE - The City Council recently received the
final draft of a business retention plan from the
DECEMBER 1, 1992
PAGE 6
Magellan Group. Among recommendations contained in the
report was completion of a business survey and
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 would be comprised
of Council, Commission, business and community members
- Continued to December 15, 1992.
9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
9.1 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 expiration of the Interim Hillside Management
Ordinance (Ordinance No. 14-B(1990)) created the
necessity for permanent standards for hillside
development. The intent of Zoning Code Amendment No.
92-2 is to revise existing standards for hillside
development.
M/Kim opened the Public Hearing.
With no testimony offered, M/Kim continued the Public
Hearing to December 15, 1992.
10. ANNOUNCEMENTS: None offered.
11. REORGANIZATION OF CITY COUNCIL:
11.1 SELECTION OF MAYOR - C/Forbing moved, MPT/Papen
seconded to nominate C/Miller as Mayor for the
following year. With the following Roll Call Vote,
motion carried:
AYES:
COUNCILMEN -
Forbing, Miller, MPT/Papen, M/
Kim
NOES:
COUNCILMEN -
None
ABSENT:
COUNCILMEN -
None
ABSTAIN:
COUNCILMEN -
C/Werner
11.2 SELECTION OF MAYOR PRO TEM - C/Forbing moved, M/Miller
seconded to nominate MPT/Papen as Mayor Pro Tem for the
following year. With the following Roll Call Vote,
motion carried:
DECEMBER 1, 1992 PAGE 7
AYES:
COUNCILMEN
- Forbing, Kim, MPT/Papen, M/
Miller
NOES:
COUNCILMEN
- None
ABSENT:
COUNCILMEN
- None
ABSTAIN:
COUNCILMEN
- C/Werner
12. ADJOURNMENT: With no further business to conduct,
the meeting was adjourned at 7:30 p.m. to December 8, 1992 at
6:00 p.m., for interviews to fill the City Council vacancy.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
I N T E R O F F I C E X E M O R A N D D M
TO: Mayor Pro Tem Papen and Councilmember Forbing
FROM: Linda G. Magnuson, Accounting Manager
i
SUBJECT: Voucher Registery,� December 15, 1992
DATE: December 10, 1992
Attached is the Voucher Register dated December 15, 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 December 15, 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
115
Int. Waste Mgt Fund
118
Air Quality Imp. Fund
138
LLAD #38 Fund
139
LLAD #39 Fund
141
LLAD #41 Fund
225
Grand Ave. Const. Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
//�.�✓ i 74110,0, /
Linda G. Mag uon
Accounting Man ger
4vo I. 4&�n�
rrence L. Belanger
City Manager
$261,061.26
12,726.12
160.00
5,561.89
14,147.68
16,268.41
1,919.25
813.00
103.633.36
$416,290.97
tk 9 � 1
Phy771 is E. Papen
Mayor Pro Tem
John A. Forbing
Councilmember
ttt
City
of
Diamond
Aar ++t
RO LIME: 15:45 12/10/92
V
O U C
H F R R E 6
l S T E R
P
YFjf
DUE THRU
.............12i15/92
VENDOR NAME
VEYDCR ld.
t t PR :Pail + +
ACMINT P?J.i.TX-N9 BATCH PD.i.INE/N0.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/UtiE
INVUICt
DFSCRIPTiUN
AMDdNT DATE CHE K
APA Planners Bookstore APAPlanner
*801-4?18-2320
3 31215
1211'8
12115
Publications-P1n0
+r01-4218-2378
4 ;1121 E
12/18
12/15
Puhiirationa-PinD
41.61
TOTAL DUE VENDOR ---------
68.9S
ARA/Curr Reirpshment
SvrS ARA
1801-4898-118@
4 31215E
12110
12J15
6274294483
M2etina SuDulies
42.82
MAL DUE VENDOR --------•
142.82
Accurate Landsraoe
Accurate
+138 -453A -Me
2 31215A
12/89
12/15
26490
Uneratino 5uonites-9ist3A
4?6.84
*139-4539-2218
3 912151
12189
12/15
26491
Oc?ratina Suanlies-Dist39
49.59
4138-4536-2718
4 312151
12/89
12115
26563
Oneratime Suoniies-Dist3A
51.8.76
t1 d-453.5-2218
3 21215A
12/89
12J.15
26564
Oceratina Buovlies-Dist36
2.13?.514
*138-4536-5700
6 31215A int?1422
12/18
12/i5
26691
Dist 3A Maint Svcs -Nov
3.211.60
+139-4539-5540
2 312.15A dl/1421
12/0+9
12/15
26693
Dist :9 Maint SVr5-,!;]V
5.696.82
+139-45:34-2218
2 31215A
1249
12115
26753
Oueratinu Suuolies-Dist3'/
1.350.814
i0iAL 1?I,,E 4'FNDOR--------
13,434.31
Araent,out, Phil
Armentrout
+081-4440-4848
2 31215A
12104
12/15
6141
Ea:erCnnrd Sacs -11/23 12/4
x.150.80
IOsAL CuE 'V910OR ---- ---::
1.-52.82
AunQ )flan Mae
AungKwanMa
1801-3125
1 31215;=
12118
12115
R2fand-lonakind Fess
64.80
TOOL EE VFNDuR--------;
60.83
Dank of A�Ferva
eankcfA®ar
4801-4818-2325
2 312154
12189
12/15
MLO. 11/4
52.67
*081 -IM -235'S
1 31215A
12/19
12/15
Misc Bark Cilres
9.16
1821-4834-2325
6 31215A
12/89
12115
M.c-CM3r
32.19
4601-4423-1325
7 31215A
12/29
12/15
Mtc -CMo r
11.47
*081-4034-2325
6 31215A
12/89
12/15
Mtn-CMar
37.83
*881-4838-1325
9 91215A
12/89
12/.15
IfQ-CNr
26.41
*881-4834-2330
1 312154
12/89
12115
"tn-CMar
62.01
}081-4430-2332
2 3121SA
12/89
12/15
'orf-CM1)r
266.56
TUTAL Dut= 'VENDOR --------,
496.12
Bank of America
BankrfAser
*001-4818-2395
2 31.215A
12./8?
12/15
Misr Balk Chros
11.92
IOfAL ?UE VENDOR --------;•
11.92
ttt
City
of
Diamond
gar ttt
R!,!1 TIME: ASM 12t t a r 9 2
V
0 0 2
H E R R
E 6 I 5 T E R
Pr.h r
611E THRJ
.............12%15192
V',:NDCR NAME
VENDOR ID.
t t PHFPa1D f t
0,CCLi11NI PRO:I.TX-NO BATCH P0,11NElN9.
------------------------------------------------------------------------------------------------------------------------------------
ENTRVULIE
I N V 0 [ C E
Di- SL•R19f10N
AMOUNT DA?E CHECF:
Best Lightinq Procutts
BestLto
t01-4316-1200 1
3!215A t�1466
12199
12%15
L11782
Saoolies-Maple Hill Park
2+1.94
TOTAL 61,E VENDOR --------)
241.94
h ll'S lock i Safa
Nillslo:k
WI -4318-1280 4
31.215A 93!1415
12/99
12i15
21643
Lock ReolaceMants-Prks
105.90
TOTAL DI,E VENDL'R --------'i
1.85.0
Boys Club/San Gabriel Vly LovsClub
2001-4555-5518 1
31215E
12110
12115
Nov Graffiti R2VIVaI
4.280.00
TOTAL DI;E VENDOR --------)
4.280.0
Brea, City ;f
BreaCity
2001-4358-5380 2
31.215E
12118
12/15
14522
Nov Rarreation Svcs
21,242.90
TOTAL OUE VENDCR--------
21,242.0
Burgess, Lynda
Burcp<.sl,n
1001-4948-23',Q 1
31.215A
12199
12115
League Canf 12/2.-12i4
278.00
TOTAL DI;E VENDCR--------)
278.0
CGMMUoity IodustriPS
t'..r,� must
1021-4555-5500 1
31.215L
1211,19
12!15
Nov litter Abate Svcs
586.02
TOTAL DI;E VMUR--------)
506.90
COMM UtPr Aoolied Sy5tEM5
CAS
021-4510-1282 2
31.215A
12/99
12115
167349
1099/Y2 Fares
58.48
TOTAL DUE VENDOR --------)
58.48
fcaouterland of ). B.
C®ptrland
2110-4998-6230 2
31215A 01/1473
12/09
12115
(21-Cnmoar Computers
5,551.89
TOTAL DUE VENDOR --------)
5.;,61.84
Conlin Bros Soortinq Good conlir,Brns
*901-4350-1200 2
31.215A 91/1469
12/99
12115
53012
Rarreation Supol.ies
112.04
f901-4358-1290 3
91215A 0211469
12199
12115
43301
Recraation 5uoulips
81.19
TOTAL DUE VENDOR --------;
193.23
t of
Di a:*aofl
bar ***
RUN !Ili: 15:45 12/16/92
V
0 1J C
H E R R E
G 1 9 T F R
?4Gi
N,'E 'HRI1
.............12115192
VENDOR NAME
VENDOR 19.
+ + Ph'PAI,1
A;C;)UNT PRI).7.iX-NO
—----------- — ---------------------------------------------------------------------------------------------------------------------
BATCH POJINEi1D.
ENTRY;DI;
iNVOILE
DEScNIP11f,N
StlOWN T DATE C C
Carsclidated Audio Tronic 'con:Aud?run
*031-43<it-2210
1 31215A
12/09
12i15
Elect Suool-Svcaanre
384.3+
OiAL DI;E VENDOR--------
x4.34
creative Hosea
Cr2aC+: c
*2'73 4316 6415 62492
2 312L5A 01/134
12/09
12/15
Cnnces5Stand-Peter5an
4,967.60
MAL DUE VENDOR -------
4.367.82
Rpt ,;f rran5li0Tfdtlpn
,Pot Trans
+001-4555-5541
1 31.215A
1?/6?
12115
123;'84
5tonalh ight plaint-;Oct
414.511
TOfAL DUE VENDOR--------)
414.59
!'might French 6 Assor..
DriantFren
*225-4516-6411 66393
2 31215A 61/1451
12%09
12115
IMP
Grand Ave iaprvents
813.00
TOTAL D!:E VENDOR--------)
813.08
Fastian, Inc.
Fast ran
*631-4638-1220
3 312150 54/139)
12103
1.2115
69739922
S;Aolies-CMlor
24.56
+661-4640-1260
1 3121UB X3/1397
12,109
12/15
6973994
5uoolie5-i:Clk
154.22
*631-4650-1230
1 31215ti 5111397
12169
12/15
0973996.4
Soon Iies-Finance
22.39
{001-4690-1266
1 312158 511.13'97
12/39
12115
09139914
Supplies-6en Sovt
4016.09
#601-4350-1200
4 31.2158 53/13.1/
12169
12115
0?739998
Sopolies-Rec
6.21
+231-4510-1200
3 3121'sB 49/1397
12109
12!15
09746605
Suoolips-Einar
1.36.25
7UTAL DOF VENDOR--------D
781.72
Excel Pavinq Co.
Exc?lPave
*252-4516-64.12 65992
2 312151 6111394
12116
12115
Drainage S4stem-Gsa
2,260.45
TOTAL D11E VLNDCR--------)
2,268.45
�xxan
Exxons
*301-4316-23L6
7 312158
12169
12115
494703,
suet-P i tl
34.77
TOW ME VENDOR--------i
34.77
FKMI Cooier Products
CCN
*221-4096-1100
3 312158 71/1465
12110
12!15
2333313199
Toner/Fjser-XX1693
157.15
loik DUE VMOR-------->
157.+5
Federal Express Corp.
F?dExores5
(25'1,'-4310-6415 046?2
3 3121;+8
12169
12/15
481808985
Fxoress nail-CPRS
11.53
TOTAL DUE VENDOR --------)
11.52
++f
City
of
Diamond
Bar +++
RUN 'IrE: 15:45
1/10/92
V
O U C
H E R R E 6
I 5 T E R
PGb 4
DUETHR'
.:.............12115/92
VENDOR NAME
VENDOR ID.
+ f 114EPAM + f
ACCOUNT P;
--------------------------------------------
:i.T1-NJ BATCH PO.LINEfNO.
ENTRViutsE
----------------------------------------
INrofa
DrS R1PTIisN
---------------------------------------------
A!lOtINT DAsE CHECr:
Fleet Gall
F1eetCall.
+801-409f1-2830
2
31215;
1219
12/15
270=131
Nov 2 bav R,adin Svc
1W 5S
TOTAL OUE VENDUR--------
156. 5
FrrALIX
r romez
*808-2388-1218
26
31215+
12/12
12ii5
5291132
Film Processing -PSP 92 4
6.61
(081-2300-1010
27
3121'8
12/12
12/15
b%91136
Film Pror.essinq-PSP 92-4
8.54
TLiTA: 018E VENDOR -------->
17.11
SIE California
bis:
+021-4242-2125
1
31.215H
1.2;29
12/15
Phone Svcs-CCIk
39.71
+221-4242-623$
3
3121',b
12110
12115
Install of Modus
2"5.13
TOTAL DUE VENDOR --------1
324.84
5T£ California
blE
+221-4992-2125
2
31.215(1
12/29
12115
Gan Phone Svcs -Nov
2,223.21
TOTAL DUE VENDOR -------->
2.5123.21
STE California
6TE
+221-4313 2125
3
31.215E
12/09
12!15
Phne Svcs -Heritage Prk
11.67
TOTAL DUE VENDOR -------->
11.61
61E California
8TE
+201-4449-2125
1
31215D
12/09
12/15
Phne Svcs -Einer Prep
38.11
TOTAL CUE VENDOR -------->
38.11
STE California
STE
+901-4210-2320
2
31215E
12/12
12/15
Cross Raf Directory-Plnq
61.64
TOTAL DUE VENDOR --------)
61.64
4TEs-
STEL
+001-4298-2125
1
312158
12/09
12115
Enuin Rent thru 12/18
824.15
10(AL OVE VENDOR --------?
824.15
Highlander Puhlicatior,s
Highlander
+201-2340-1212
25
31215:
12/10
12/15
39690
Pah Hra CUP 92-13
32.68
TOTAL DUE VENDOR -------->
32.64
iOfAL DUE VENDOR --------i 223.25
Intl Business
E?jiumit
+++
C i
t v of
Oianond
Bar +++
+801-4555-554b
RLN )IME: :5:45 12/18/92
12/10
+031-4@98-2244
V
0 b C
H E R R
E 6 I 5 T E R
P;Sc 5
041119
Dec Xerox Maint-CopvChras
565.80
Signina/Marking
DUE THRU
.............12/15i92
3 31,215..
12/10
VENDOR 'NAME
93500046356
VENDOR 13.
1UE VENDER
-------->
585.04
Kers l ardware
+ + PREP'Ai0 + +
ACP.OuNT PliJ.i.TX-NO
HATCH P0.11NE/NO.
ENTRY/DuE
+101-4555-5221
INVOitk
D�31*Ripllt%
AMDONT DA F
IPS Sarvices In;.
+@01-4311.9-128+1
IF'i
31215:
3711413
12110
12115
56275
+254-4519-5411 1491
4
312150 02%14%8
12110
12115
47Y@
Slurry Seal Area 3
63.263.04
12118
12/.15
58263
Misc
Operatinq
Supplies
TOTAL DUE VENDOR --------)
83.263.01
Dane IV 5ysieas
Inc.
TBa:e4Svs
12110
12115
5A419
Misc
Oneratinq
+841-4894-2102
2
212tSs
12110
12115
0i>3".92
Maint for 9128-1e/28
234.89
56425
Misc
,`,peratioq
Suppli85
4.33
+041-4318-1240
1O1AL RUE VENDOR -------- -)
238.69
Inland Valley DIV
6ul.le*n
IVDB
5A434
Misc
Oneratinq
Supplies
34.14
+001-2308-1011
4
31215x-
12110
12/15
dc10454
Pub Hra P;,' Meetinq
5/.00
+681-2309-1811
5
3121SF
12/10
12/15
dci0069
Pub Hru TPM '23629
.6.41
+001-2384-1011
ti
31215
12110
12/15
dc10 69
Pub Hra VAR 92-4
36.41
+081-2324-1011
l
31215E
12110
12/15
dcl@069
Pub Hrq TT 50519
36.43
+031-2388-1011
3
31.215;
12110
12/15
dc6A3/
Pub Nra CUP 92.13
57.00
iOfAL DUE VENDOR --------i 223.25
Intl Business
E?jiumit
IcBcsEauip
+801-4555-554b
1 312151:
12/10
+031-4@98-2244
2
31.215`:17511451
146.01
12110
12115
041119
Dec Xerox Maint-CopvChras
565.80
Signina/Marking
830.51
+001-4555-554b
3 31,215..
12/10
12115
93500046356
101AL
1UE VENDER
-------->
585.04
Kers l ardware
12115
Kers
5tripinq
226.27
+101-4555-5221
1 312151C
12/10
12/15
93030016369
+@01-4311.9-128+1
11
31215:
3711413
12110
12115
56275
Misc.
Ooerati.no
Supplies
62.39
001-4310-1208
12
.31215C
36114.13
12118
12/.15
58263
Misc
Operatinq
Supplies
11.17
+801-4310-1244
5
31215,
31./1413
12110
12115
5A419
Misc
Oneratinq
Supolies
4.16
101-4318-1208
9
312150
11511413
12110
12115
56425
Misc
,`,peratioq
Suppli85
4.33
+041-4318-1240
10
31215;:
36/1413
12118
12115
5A434
Misc
Oneratinq
Supplies
34.14
*001-4310-1200
13
31215C
39/1413
12/10
12115
56490
Misc
00?ratinq
Supplies
8.11
+021-4318-1220
6
31.2150
3211413
12110
12115
59239
Misc
Ooeratinu
Supplies
9.2E
+001-431@-1208
7
31215C
33114.13
12/11
12115
59241
Misc
Oneratiny
Supplies
27.91
+001-4310-1220
6
312150
3411413
12110
12115
59147
Misc
Oneratina
Supplies
11.42
10TAL DUE VENDOR --------;
161.57
K», Mee
505
1"1-3416
19
31215A
12109
12/15
5419
Recreation Refund
14.00
10fAL DUE VENDOR ------- 14.07
I.A.County Public
Works i_ALPubwk
+801-4555-554b
1 312151:
12/10
12/15
9340801b356
Sion Inventory
146.01
+001-4555-5506
2 31215C
12110
12/15
93000006357
Signina/Marking
830.51
+001-4555-554b
3 31,215..
12/10
12115
93500046356
Strioina
61.0.07
+001-45'5 5506
4 31215C
12118
12115
93009086359
5tripinq
226.27
+101-4555-5221
1 312151C
12/10
12/15
93030016369
Monthly TnsplRaad
1,496.58
re01-4555-5512
1 31215C
12/11
12/15
93010006366
Debris Ramoval51.15
+171-4555-5552
2 31.2150
12110
12115
93580086362
Road Maint
17,225.13
+101-4555-5513
1312150
12/10
12115
93000006365
Parkway Maint
672.22
++
City
of
D i a a
o n d Bar *++
RUN TIMF: 15:45 12/0i92
V
O U C
H E R R E S
I S T E RP;=i'c
h
Dl1E
THRd
.............12/15192
VENDOR NAME
VENDOR 1D.
+ + PRCPAID + +
ACCtIUN( PR3.:1.Td-N3
-------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINErNO.
ENTRY!DUE
INVO[CE
ft SCRIP IION
AM3LiNT DATE CHECK
!.A.County Public iDrks
14CPUbWk.
t.CONTINUED)
1@91-4555-"1594
1
±12150
12119
12/15
93800@06?64
Sidewalk Inspection
11.054.93
+921-455'". 552y
1
31215..
12118
12115
9380202636^
Curb/flutter
222.53
+991-45;5-5586
5
312150
12110
12115
92e0002636a
Sion Inst,
'24t.45
+821-45S'-5426
6
31.215
12118
12/15
91J240400161
Sion Inst-Grand/251-P
562.86
Q K 4555-55@8
1
312150
12/18
12/15
9399094368
'leoetation Control
11,254.51
+001-4555-5518
1
31215::
12118
12/15
93040aab3b7
Tree Waterino
1.998.82
1821-4331-53@9
2
•31214C
12/0
12/15
9:988@96371
SuhPuaD Street Maint
7.61.95
+901-455 -5532
1
31.215"'
12/10
12/15
93229826378
IW Services
619.89
TOTAL DUE VENDOR-------->
54,217.22
l..A.0+ounty Public Works
L>I;;PubWk
+0al-4555-55x7
2
31.215(,
12118
!?!15
M9300001838
Oct Trlc. Sional, Maint
3,469.15
TOTAL DUE VENDOR-------->
3,469.15
LA Cellular T?laahone
LACallular
+901-4838-21?5
2
31.215;:
1211@
12115
Nov Cellular Svcs-^Mar
42.911
+081-4440-2125
2
3121tiC
12/19
12/15
lov Cellular Svcs-EsPreo
39.41
TUT Ai DUE VENDOR --------.
82.46
LA Cellular Telpabone
LAP elluiar
+901-4830-6248
2
312154 01111476
12118
12115
1110188
Coca. Equia-hone
181.38
101AL DUE VENDOR-------->
197.28
Land5r.ape Wrst
Landsr:arei
+141-45+1-2'218
2
31.215)
12/1@
12!15
8521
Irrio Cantrotler-LLAD41
11926.21
TOTAL DUE VENDOR -------->
1,986.21
Leawje of Ca. Cities
Leaque
+901-4830-2325
1t
31215E
12/18
12115
CMGR Mtn Feb 18-12
285.83
IOTAL DUE VENOOR--------'z
285.09
Dighton and Associates
Leighton
+gal-2308-1812
2
312151,
12118
12115
77185
Prof Svcs-6eoTechRaview
593.89
TOTAL DUE VENDOR--------)
:1-93.89
Leorachaun liquor
Lenrarnaun
+801-4090-2325
4
3121St
12189
12115
City Holiday Open House
67.76 12/87/92 808201'ti
10TAL PREPAID AMOUNT ----)
61.76
TOTAL DUE VENDOR-------->
0.88
+#+ ty of DlaIa11d Bar +++
RON TIMI: 15:45 12118/92 V D U C P, E R R E 6 15 T E R PA&: 7
DUE THRi1.............12/15!42
YWOR NAME VENDOR Iu. + + PREPAI(i + +
AccouNT PPf"J, U -NO BAiCN ENTRY/WE INVOICE ;'SCNIFT.1 C.N AMOUNT DATE r:
-----------------------------------------------------------------------------------------------------------------------------------
tons Enaraving Inc. LaaiaEnara
+881-4010-1102 1 312153 12/10 12/15 12x17 Plaauei6avel.-Kim 119.05
"IMA SC
+021-4033-2325
Main Street Tnurs
+0ai-4350-S3 0
�MASC
10 31.2158
Mainstreet
1 312151
Markman Arczynski Sanson MarkaanArc
+001-4020-4828 1 3121.5x)
1001-4020-4021 2 3121yD
+001-4020-4021 3 312151
Martin 6 Cnaaman Fa. Martin>:Cha
+021-4210-1238 2 31215,. 0111423 12110 12115 Resolution Brook-Plnq 12+.12
Mrccwn, Lee McCcwnf_
+eat -4418-2325 2 312150
Milh kan, kathv M. 501
+0x1-3476 20 312150
Mnbi1 Mobil
+021-4310-2310 6 31.2153
feel -4310-2310 9 112ISD
Mt San Antonio Colle4e MiEAC
+001-4095-4253 2 31215E
1001- DUE VENDOR --------s
119.46
12/09
12109
Receati.on 12/17-BotzlaFf
15,08
IULaI_ DUE VENDOR --------s
15.09
1218?
12115
Pnantom Excursian Degnsit
2.588.08 12/01/92 83aP170+1
!DIAL ;REPAID AMOUNT ----s
2.500.48
12/10
12115 K2267913
TOTAt BOF VE4DOR--------s
0.00
12110
12115
November Basic Legal Svcs
5,133.00
12./10
12/15
Litigation-Referenduf
5,483.50
12110
12115
Slecial Svcs - Litinatinn
396.53
TOTAL DUE VCNDUR -------- >
11,512.09
Martin 6 Cnaaman Fa. Martin>:Cha
+021-4210-1238 2 31215,. 0111423 12110 12115 Resolution Brook-Plnq 12+.12
Mrccwn, Lee McCcwnf_
+eat -4418-2325 2 312150
Milh kan, kathv M. 501
+0x1-3476 20 312150
Mnbi1 Mobil
+021-4310-2310 6 31.2153
feel -4310-2310 9 112ISD
Mt San Antonio Colle4e MiEAC
+001-4095-4253 2 31215E
lufAL DUE VENDOR --------s
124.12
12118
12115
Pro.j Safe Comaunities-Mtq
5.00
TOTAL DuE VENDOR -------->
5.02
12110
12115
Recreation Refund
19.00
TOTAL DIUF VENDOR --------s
19.00
12/10
12115 K2267913
Fael - Parks
15.51
12/18
12115 K22.19150
Fuel - Parks
35.02
TOTAL DOE VENDOR --------s
50.58
12110
12/15
FS6V Economic Sarvey
15,000.00
IOTAL DUE VENDOR ------->
15,080.00
+++ Cite of Diamand Bar +++
RUN iIMF: 15:45 12/14/92 V O U C H E R R E 6 I S T E R
DUE THRU.............12115192
VEN00 NAME VENDUR 10.
ACCOUNT PRXI.T1-NO BATCH PO.LI0 iN'J. ENTRY/UL]E INVOTCt DrSCRtP1I(IN
--------------------------------------------------------------------------------------------
Myers, Eliraheth
M✓ersE
+021-4649-4002
1 312153
+281-421$-4194
6 31215D
+021-431.8-4198
1 31215',)
National Notary A7soc. NIA
+601-48913-2340 1 31215c
Pic Tel Cellular PacTel
+081-4830-2125 3 31215]
Pacesetter Municipal Svcs Pacesetter
+821-4224-5221 1 312153
+B01 -422x-5241 2 312ISD
Pacific Recyler5 Exoo Picifidpc
+115-4515-2349 131.2tSL
Payroll Transfer PavrollTr
+081-1024 1 31.2151
Pavroll Transfer Payroh Tr
+041-1024 2 31.2151
Prauna Valley Humane Soc. PVHS
+001-4431-5403 1 31.215D
A40LINI WE CHECk.
----------------------------
12/le
12/15
91DR21
Minutµ5 - Cf:nct.11/17
414,93
12/14
12!15
92DB21
Mirutes - Plno,ll/23
4;2,04
12110
12115
9?DR21
Minutes - P I R, It/19
19U1.00
TIITAL DUE VENDOR --------)
I.344.0
12118
12115
NotrySem-Bhthouse,Nice
196.04
10fAL DUE VENi30R--------;
t96,t)
12/18
12115
Cellular Svcs - CM
68.64
10fAL DUE VENDOR --------}
P,6.68
12118
12/15
1916 -PC
Nov -Plan Ckinq Svcs
3,488.11
12/19
12115
3651I
Nov-Buildina 6 Safety Syc
9.1755.86
TuTAL DUE VENDOR -------->
13.155.99
12/09
12115
Conference - Butzlaff
162.02 12/62/92 BBBaai7E-4
]otAL PREPAID AMOUNT ---->
168.88
TOTAL DUE VENDOR --------}
6.42
12109
12/09
P/R Transfer - PP25
36,104.00 12104192 0002daar?S
i0fAL !VREPAID AMOUNT ----)
36.100.00
TOTAL DUE VENDOR -------->
0.08
12/09
12109
P/R Transfer - P?24
38,182.ee 11/20/92 0dat0 vt,?4
100L PREPAID AMOUNT ---->
36,104.00
TUTAL DUE VENDOR --------}
0.02
12110
12115
Animal Contra] Svcs -Dec
4,137.00
100L DUE VENDOR -------}
4,131.00
++t City of Dia a and gar
RUN H ME: 15:45 12it4192 V O U C H E R R E 6 16 T E R P"SE R
DTE THRU.............12115i92
ENDUR NhME VENDuR ID. * WWI +
,rclu"INT PRJJ.TX-NO W CN PO.iINE W, ENiRY'WIE INVOICE DFSCR1P1ION AMOUNT DAIS CHE,:K
-----------------------------------------------------------------------------------------------------------------------------_ -----
Pornna. City of
Poa.cna'it�
}641-4556-5YH
1 31115;
1239
12/15
Wtr Mtr Inst-Eayr Eahance
892.00
12/04/92 024217845
TUTAL PREPAID AMOUNT ----)
884,89
TOTAL DOE VENDOR --------;
8.07,
1'051 a{7E By Pho^E
�CSt;�ti Pi�O!'
.
}0 L1-4098-2128
1 312155
12110
12ii5
Paetage
500.08
IOiAL DUf VENDOR --------)
:80.04
PrEmiere Lpasing Co.
PrEmierele
+021-4358-2140
3 31215;. 0211465
12110
12+15
12399
Seto ARent-12/16-1)9
2,3t4.62
X041 -'+:5a 2148
2 31215E dlii4,$
12118
12115
12608
RentofClassRa-11116-12/16
064,62
TOTAL DOE VENDOR --------)
2,879.24
Public Ful Retir=sent
TE,{S
t04I-2110-1008
1 31.2151
12109
12/15
Retireaznt - PP25
2,476.46
12/04/92 0982017046
X001-2110-1088
2 312t5Z
12109
12/15
Ret,iranent - PP25
2.363.10
12/24/92 0808817846
TOTAL PREPAID AMOUNT ----)
4,8,89.56
!DIAL DUE VENDOR --------)
0.04
Public Fan! Retirement
PEkS
+01-2110-1026
3 31215r
12121+i
12/15
Retire Contrih-Earloyer
21226.44
;841-2]18-1488
4 .91215r
12110
12115
Retire Contrit-Fmpioyse
21333.23
TOTAL DUE VENDOR -------->
4,559.67
R 1 D Blueprint
RaDBlje
}001-4518-2110
2 31.215)
12110
12715
8904
Bluporints - Engineering
19.56
1001-4510-2110
3 312.15D
12/18
12/15
8967
Blueprints - Engineering
76.11
TOTAL DUE VENDOR -------->
95.67
Recants of the University
R?genthCLA
+621-4210-2332
1 30151
12/09
12/15
Pingl7nq Clinic -MacBride
225.04
12/02/92 008841.7043
TOTAL PREPAID AMOUNT ---->
225.00
TOTAL DILE VENDOR --------1
0.04
Recents rf the University
R?oent{N;LA
f0a]-4210-2325
3 31215u
12/10
12/15
Seainar-De5tefano 12/3
295.04
TOTAL DUE VENDOR --------?
195.02
+++ City of Diamond Bar +++
RUN TIME: 15:45 121tt/Y2 V u U r H E R R E G I S T E R
DUE THRU.............12/15/92
vENDuR NAME VENDOR ID.
ACCOUN1 PR'IJ TX -NO BATCH PtI.LINE/NU. ENTRY/DUE IN`iUii;t Dt IPI ION
---------------------------------------------------------------------------------------------------
Reoro firaohirs Reurok anh
+031-4090-1202 3 31.21.50
+01-4a9e-2110 4 31215E
Richard or Christine AuoteTGra0
+041-4010-1200 1 31215N
Roy Allen Slurry L'al Inc r.
FovAllen
+2st-4510-6411 01492 6 312150 01/1432
S.C.J.P.I.A. I'SNI
001-21118-1006 1 31215D
+001-2110-1044 1 3i214D
San Eabrial viv Tribune iSVTTihiine
+oat -2330-1010 20 31215r
f031 -2300-10t0 21 312':".:F
+081-2330-1011 22 3121;;-
23
1215.23 312t5F
+021-2300-101e 24 31.215
pruricarp Intl Inc.=ecuri[Oro
+031-4553-55x1. 2 31215
Sir Srpedy Sir Speedy
+431-4890-2110 2 312150
9001-1+090-2110 3 111215E
Southern Ca Pas Co SoCa6as
+Oa1-4313 2t26 1 31.2150
PAGE 0
AMOUNT DATE XCK
--------------------------
12x10
12!15
57/3
Stationary Saoolies
140.45
12/44
12/15
5/ti3
Station.arySaoplips
19.49
TLITA1 DUE VENDOR --------;
15;11.94
12109
12/15
13.336
letters for Plaque -Mayor
16.14
101A1 DUE VENDOR --------
16.24
12/10
12/15
Slurry Seal Area 2
13.130.61
10fAL DUE VENDUR--------i
13.130.61
12/10
12/15
Vision Preaiuma - Der
29?.40
12/10
12/t5
GtC
rental Premiums - DPc
931.25
TLITAL DUE VENDOR --------;
1,223.65
12/10
12/15
&WT0238
Pub Hra CLIP 92 13
6a.84
12/10
12115
:i6VT0$t0
Pub 'ho ADR 92-10
110.84
12!10
12i15
SoVithl
Pub Hro TPM 23629
3+.11
12/10
12/15
56VT0311
Pub Hra TT 50519
34.11
12110
12115
'YWT0 11
Pub Hrq VAR 92-4
34.11
10111 >I;E VENDUR--------';
225.81
12/10
12/15
14644
Nov Crossing Guard Svcs
5,235.32
,UiAI DI;E VENDUR--------.
5.235.31
12110
12115
1051.9
Printinq - Coaglaint Fore
101.48
12/10
12/15
10595
5tatiorary Suoolies
41.58
RjTAI DUE VENDOR --------i
143.06
12/10
12/15
Gas Sycs - Herita3e P1.
34.69
100L. OUE VENDCR--------;
34.69
}*
City
of Diamond
Bar +
RUN 1I0: 15:45 12140/92
V
O U C H E R R E
S I S T
E R
PAU* 11
DOE TQJI ............12/15/9?
VENDOR NAME
VENDOR 1D.
t PREPA 0 r t
ACCOUNT PRj,;1-NO
BATCH PO.LINE/NO,
ENTRY/➢TIE Ik'rOTCE
DF`::RIPTIUN
A!ROtlNT DRIE
!southern Ca. Edison
5ICardisnn
;021-4553-2125
1
3121^c
i2/iv'
12,115
Traffic Cantral Svcs
1,31.4.08
TCCAL
DUE VENDOR --------i
1,314.¢0
Southern Ca. Edison
WaEf±ison
+801-4322-2125
1
31.215
12110
12115
Ele-t
Svcs-Reaaan Prk
552.59
TOTAL
DUE VENDOR --------D
;52..59
Southern Ca. Edition
WaFdiAnn
+141-4541-2126
2
3121SC
12110
12/15
Elect
Svcs Dist 141
13.04
)pial-
PuE VENDOR --------)
13.04
Southern Ca. Edison
6oca£dison
*138-45:38-2126
3
312tSe
12110'
12/15
Elect
Svcs Dist 13t
349.41
TOTAL
DUE VENDOR --------
149.41
Southern Ca. Edison
SoCnEdi"n
#199-4539-2126
3
31.2151
12118
12/15
Eiert
Svcs Dist 13?
57,17
rOTAI
DOE VENDOR --------
57.17
Standard Insuranra of
Ore itandardin
3201-2118-1025
2
3121514
12/10
12115 Der
life
Ins Prem - December
3.3;4.50
10TAL
DUE VENDOR --------
333.52
State rf California
Ei}D
+021-4di8-7200
1
312158
12/29
12/15
Unemn
Ins Otr Eid 9/38/92
328.42
TOTAL
DUE VENDOR --------
3ZA,42
TR0-Fedi Property Data
REDI
0821-4210-4220
2
31215F
12/10
12/15
Micro
fiche-PrWata
442.58
TOTAL
DUE VENDOR --------
442.55
Thomas Byrne L Smith
ThcpasByrn
+021-4050-4010
1
312151
12/10
12/15
Prof
Svcs -Annual Audit
13.802.00
+001-4052-4010
2
31215£
12/10
12/15
Prof
Svcs -Annual Audit
558.75
TOTAL
DUE VENDOR -------->
14,358.75
+++
City
o!
Diamond
Ear +++
RIJN TIME: 15;45 12/10/92
V
0 U C H
E R R
E 6 I S T F R
P 49 12
P,UE
THRU
.............1'2/15142
vl.00R aAMt
VENDOR Tu.
+ 4 PREPAII) + +
All -COUNT PROLTX-40 EA1CH P0.1.INEi4O.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE.11'Vfjl'LE
:icSCRiP110
AMOUNT
DATE C4FCK
Ihoaosnn. hack
i'nr.!aasenI
+001-45'36-5'iO4
2 312151
12/10
12115
Prof S c;-FnViroFnhanc@st
780.02
101AL Di,E VENDUR--------;
/82.0
Tribune
Tri�ar•e
+01-4090-23X8
1 3t215:
12i1O
12110
Sub sraRenwI-12/1-11/32/93
78.00
111TAL Dl;( VENDUR --------
18.09
UPA Enuineerinq_ Inc
UMAEnora
+112.4553-5528
2 31.215E 01/133
12110
12115
4345
Fixel Rt Deviatn Gvs
12,76.12
TOTAL 41,E VCIIDUR---------
19,126.12
Unor.al
Unocal
+011-40901-2310
3 3121St
12/10
12/15
O24140
Fuel -Pool Car
21.00
}001-4030-2310
5 31215E
i?/10
12/15
6246,6
Fuel-0or
13.61
tOal-4030-231.0
4 31.215E
12410
12/15
824584
Fapl-Char
21..53
1OTA1_ DUE VENDOR --------;
56.11
Vineyard gourmet
Vineyard
tO'al-4090-2:325
3 31.21.51
12109
12115
Citv Holiday Open Haaise
290.00
12/01192 0232317742
IOTAL!,R'--.PAID AMOUNT ----}
290.00
TUTAt DUE VENDOR --------)
0.00
Vineyard Gourmet
Vineyard
+021-4090-2325
5 31215)
12110
12115
Holidav Dgen House
240.00
lock DUE VENDUR--------)
242.00
'iainut Vly Watpr Dist
YVWateruis
+13'-45:38-2126
4 31.215E
12/10
12/15
Yater Svcs Dist 38
1,511.5
1O1A1_ 04 VE4DOR--------)
7.511.55
Walnut Vly Yat Nr Dist
YVYat?rDis
+1139-4539-2126
4 31.2151
12/10
12/15
Water Svcs Dist 39
9,063.65
1OiAL DUE VEND0--------'>
9,063.65
Walnut Vly Water Dist
YVWatpT9is
+Oal-4319-2126
2 312151
12/10
12115
slater Svcs Peterson
2,792.03
1001-4328-2126
1 31215E
12/13
12115
Water 5vrs Suemithoe
?,614.70
+001-43:31-2126
2 3121.5E
12/10
12/15
Watpr 5'1cs Sycamore
809.70
iOfh DUE VENDER -------->
6.215.90
f*+
Citi of 0iasand
Bar +a
RUN TIM£: 15:45
12/10/92
V O U C H E R R
E 6 I S i E R
PAIN i•
001; THIRJ.............12%15%92
VENDuR NAME
VENAuR 1D.
} PREP41D + t
AMOUNT
-----------------------------------------------------------------------------------------------------------------------------------
P L1.j.T.M-NO
BATCH PD.IINE/NO.
ENTRY/011E I00fCt
(RIN
AMOUNT DAIS CHECK
—
Millard Markina
Willard
031-4999-1282
2
312!51)
12/le 12115 3,3628
Office Saoolies
10.95
TOTAIL DI;E VENOUR--------:
18.95
Paul
ilrightP
031-019-4988
2
312151
12/1e 12110
Audio/Visoat Svcs
1218
123.93
w901-4218-4920
3
11215E
12/18 12110
Audio/Visual Svrs
11/9
15.91
+901-4219-4902
4
31215,
12/19 12/19
Audio/Vi5ual Svcs
11/23
195.90
1 O i AL RE `&MOR--------)
?90.91
;11TH:. PRIPAIO-----------)
61.267.32
10TAL DI;E---------------
335.906.65
TOTAL REP9Ri -------------
416,792.97
++} C.ty of Diaaond Bar *+fi
WN TIME: 15:451211@/92 VOUCHER REGISTER
FUND SUMMARY REP9RT
DLIF THRJ.............121'15t92
DISBURSE Gil- 6.:E 'JD.L Pf;ST 6:1E HAS PGSTED
FUND TOTAL DTRtC1 PAY REVENJE EXPEtiGE R1'JER'JE EXPENSE
-----------------------------------------------------------------------------------------------------
x;41 G?nerai. Fand 251.VW_ 2:, 34,244.15
1.";4 LLAD 18 Fund 14,147.;4
139 114D 139 Fund 16,259.41.
114 Air Guaiity Tpr 5.561.49
2s8 C.I.P. Find 163,63:i,3b
125 Grand Av Crust F 911 t&
141 LLAD t41 Fund 1,919.71
115 Int 'caste mach F 69.24
12 Proo A -Transit F 12,71'..12
IrrAl------------------------------------------------------------ -
ALL FUNDS 416.2'1V;.97 44.249.15
PA51: 1
FUTURE 1RAk";AI;'s iCivS
RE'VEN'UE FVENSt
---------------------------
93.02 176,7X.11
14.147. U6
16,251!,41
5..61.69
1?3,b33,36
813.22
1,919,21
162.13
12.71l�l 2
93.02 331,949.42
RLLE1`t; D
CARL WARREN ih CQ
LS/zz Insurance Adpstm
Claims Management and Administration
750 The Ciry Drive
Suite 400
Orange, CA 92668
Mail: P.O Box 25180
Santa Ana, CA ')2799-;180
(714) 740-7999
(800)572-6900
FAX: 714-740-7992
TO: City of Diamond Bar
ATTENTION: Lynda Burgess, City Clerk
n r,
November 25, 1992
RE: Claim Tyree vs. Diamond Bar
Claimant County of Los Angeles
D/Event 10/26/91
Recd Y/Office 11/10/92 (served: 9/28/92)
Our File S 71220 DK
We have reviewed the above captioned claim and request that you take the
action indicated below:
[tel CLUX RNINTIQUI gena a standard retention litter to the ala�ant.
4
[ ] CLARK INSUFFICIENCY: In accordance with the telephoneconversation of
* 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.
[ Send a standard rejection letter to the
claimant, rejecting this additional/amended claim.
[ ] LATE CLAIM RESPONSE: Return the original claim material to the
claimant, advisinq that the claim is late and that,,their only recourse is
to file a written "Application for Leave to Present a Late Claim". (Return
copies in your file.) THIS MUST BE MAILED TO THE CLAIXAM WITHIN 4.5 DAYS
OF RECEIPT OF THE CLAD lit YOUR OFFICE. DO NOT SEND A NREJEETION*` LETTER,
See Government Code Section 911.4
APPLTCAxJA'[ ]EJE_ Reject claimant's "Application for Leave to
Present a La -im. See Government Code Section 911.8.
[ ] TAKE NO A=ez. Defer -any written response to the claimant pending
our further advise.
Please provide us with a copy of the notice sent, aw request d above. If
you have any questions please contact the undersigned`.
Very Iy yours.
CARL
cc: SCJPIA
1
2
3
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5
61
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8
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DE WITT W. CLINTON, County Counsel
S. ROBERT AMBROSE, Assistant County Counsel
JOHANNA M. FONTENTO, Deputy County Counsel
500 West Temple Street
648 Hall of Administration
Los Angeles, California 90012
(213) 974-1853
Attorneys for Defendant
COUNTY OF LOS ANGELES
BEFORE THE CLERK OF THE
CITY OF DIAMOND BAR
In the matter of the claim of: )
THE COUNTY OF LOS ANGELES ) CLAIM FOR INDEMNIFICATION
AGAINST CITY OF DIAMOND BAR, )
The undersigned claimant hereby makes claim against the
City of Diamond Bar in an amount presently undetermined for
indemnification and in support of said claim represents as
follows:
A complaint for wrongful death entitled sherry Trvee vs.
Brian Allen Parmelee. et al., has been filed in Los Angeles
Superior Court, East District (Pomona), Case No. KC010514. The
complaint, which was filed on July 23, 1992, was served on the
claimant by mail on September 28, 1992.
The complaint alleges that plaintiff suffered injuries
and damages while driving on the Brea Canyon cut-off 1/8 mile
South of Pathfinder Road in the City of Diamond Bar, County of
Los Angeles, State of California, when the vehicle she was
driving collided with a vehicle driven by co-defendant Brian
Allen Parmelee. The complaint alleges that the claimant, County
ii
i
1
1 Angeles, along with others, is liable for the injuries and
2 damages to the plaintiff resulting from the incident.
3 A copy of plaintiff's complaint is attached to this
4 Claim for Indemnification, marked as Exhibit "A" and incorporated
5 herein for reference purposes only.
6 It is the contention of the claimant, County of Los
7 Angeles, as against the City of Diamond Bar, that claimant was
8 not responsible in any manner for the injuries and damages to
9 plaintiffs arising out of the incident. It is thereby requested
10 that the City of Diamond Bar acknowledge its percentage of
11 responsibility and further acknowledge that claimant is not
12 responsible.
13 Claimant further contends that if it were found liable
14 to plaintiffs by way of the causes of action of the complaint,
15 claimant's responsibility would be a concurrent cause of injuries
16 and damages with those acts and omissions of respondent.
17 Therefore, claimant is entitled to an apportionment of the
18 respective percentages of responsibility on a theory of
19 comparative responsibility..
20 Claimant further contends that it has the right to have
21 the court make a declaration as to respondent's obligation to
22 indemnify and hold harmless claimant for any judgment, settlement
23 or compromise in a proportionate amount equal to its respective
24 percentage of fault.
25
26
27
28
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1
2
3
4
5
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7
8
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16
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18
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21
22
23
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25
26
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All communication or correspondence for claimant should
be directed towards its attorney, Johanna M. Fontenot, at the
above address.
DATED: November, 1992
DE WITT W. CLINTON
County Counsel
�11
By 1
JO M: FONTENOT
De uty County Counsel
Attorneys for Defendant
COUNTY OF LOS ANGELES
3
SUMMONS
(WACION JUDICIAL)
NOTICE TO DEFENDANT: (Avlso a Ac:usadb)
BRIAN ALLEN PARMELEE, CITY OF
COUNTY OF LOS ANGELES, STATE
and DOES 1 to 50, inclusive.
YOU ARE BEING SUED BY PLAINTIFF:
(A Ud. le esta demandando)
SHERRY TRYEE,
DIAMOND BAR,
OF CAWYORNIA,
41/ls^_
q
�oF�°r js
Eysl
�,qT 830
You have 30 CALENDAR DAYS after this sum-
mons is served on you to file a typewritten re-
sponse at this court
A letter or phone call wO not protect you: your
typewritten response must be In proper legal
fora if you want the court to hear your case.
If you do not -file your response on time, you may
lase the case, and your wages, money and pro-
perty may be taken without further warning frau
the court
rM carver"a&
MW PARA U1110OE u 411M
Despuis de gue isseta cdecOn �trddal usted
UIS
bene un plazo de 30 DCALENDu1RIOS para presenter
una respuesta escrita a miiquina an este coria.
Una carts o una Mmada talefbnica no It O(►ecerA
protdoclhn; su respuesm esrcrba a mdquvu bene sue
cu p1V con las tormardeaes lepabs apropisdas 31 usted
quiers que la conte escucns su case
Si usted no presents su resipuesfa a tienlpo, puede perder
el caro. y is MAKon qulfar su salarlo. su dnery y Was 00saa
de su propiedad slrl aYiso adclonai por parte de in cores.
There are other legal reguvements. You may Ekbtan oboe re4uisfts legebs. Puede qua used quiera
want to call an attorney right away. H you do not aamar a un aboga b inmedatonerita. 3 no con oce a un
know an attomey, you may call an attomey refer- abogsdb, puede simmer a un seMdo de referencia de
ral service or a Is" aid ofRa psted In the phone abogadoe o a une oficins de ayude bgd (vee of drectorto
book). tow6nica)•
CANNuu� q rW
The name and address of the court is: �jnomb/ey dlreCCi6n de !a conte es) �11r 1 �
LOS ANGELES COUNTY SUPERIOR COURT
400 CIVIC CENTER PLAZA
Pomona, CA 91766
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El hombre, la dveccibn y a) nCNnery de tel6/on0 dei abogedo del demandants, o def d&YdVK &nee que no iters abogu b. 08)
714-558-1400
Gary L. Chambers, Esq.
CHAMBERS, NORONHA & LOWRY
1851 E. First Street, Suite 11450
Santa Ana California 92705-4001 dd
DATE . A S . R�� Clerk, bye '�'' . Deputy
JUS fig tume) tom)
t NOTICE TO THE PERSON SERVED: You are served
�!r 1. 0 as an individual defendant
BOJ Sp A 2 Q as the person sued under the fictitious name of (spOONY):
FOA AdOpbd by RUM as:
JudWW COWOf C&WWM
bv
992W(W) O..wnuiY 1. 19841
a 0 on behalf Of (SPOOKY): W l niR "J S
under: 0 CCP 416.10 (corporation) 0 CCP 41&60 (minor)
0 CCP 416.20 (defunct corporation) 0 CCP 41&70 (conservatee)
s CCP 416. (association or partnership) 1' -0 CCP 41&90 (individual)
09 other: V� i Kul -:6 1�wvyl U Y1 k410 ut) i/i
4. 0 by personal delivery on (dots):
(!se nwerso for Proof of swv"
SUMMONS
CCP 412.20
r. 7 . +ice"- a r1 TF' IONF I FOR COURT USE ONLY
ATTiaiNEYORPART( WI(hJYTA.iiuwnci; �,E.:�:uA:.vAC�.. � 558-14v0
Gary L. Chambers, Esq.
CHAMBERS, NORONHA &'LOWRY
1851 E. First Street, Suite 11450
Santa Ana, California 92705-4001
ATTORNEYFOR(NAME): Plaintiff ORIG%NA/ �* F�
Insert else of court. )udco "md to Wmell court. A any, ano post off ca and stet 800410 ■ ` 1
LOS ANGELES COUNTY SUPERIOR COURT v 4?Z/
400 CCA
CIVIC CENTER
PLAZA `SCO/�/�R� JUL 2$
91766
MAR N�FS o �Sr
fil
N
PLAINTIFF: SHERRY TRYEE, #V 11410T
�9SrggT ^.
30
DEFENDANT: BRIAN ALLEN PARMELEE, CITY OF DIAMOND BAR, CQ(J,IQ- Y OF LOS ANGELES,
STATE OF CALIFORNIA, and C
® OOE31 TO X51, 1 1USiVe.
CASE NUMBER:
COMPLAINT - Personal Injury, Property Damage, Wrongful Death
M MOTOR VEHICLE ®OTHER(spec#y): PREMISES LIABILITY
® PMP" Damage M Wrongful Death
® Personal Injury <] Other Damages (specify):
I. This pleading, Including attachments and eXhlblts, consists of the following number of pages: 17
2. a. Each plaintiff named above is a competent adult
Q Except plaintiff (name):
0 a corporation qualified to do business In California
ED an unincorporated entity (dlescrNV):
CM a public entity (describe)
Q a minor Q an adult
[] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
M other (specMy):
[� other (specMy):
[M Except plaintiff (name):
C� a corporation qualified to do business in California
Q an unincorporated entity (describe):
0 a public entity (describe)
C:3 a minor p an adult
Q for whole a guardian or conservator of the estate or a guardian ad litem has been appointed
O other (specify):
Q other (specify):
b. Q Plaintiff (name):
Is doing business under the fictitious name of (specify):
and has complied with the fictitious business name laws.
c. 0 Information about additional plaintiffs who are not competent adults is shown in Complaint -
Attachment 2c. -.(Continued)
Fom APProW0 W V*
Judow Council of CaMOmta COMPLAINT - Personal injurg, Property Damage
51
Eff"M unuw 1. IM Wrongful (Wa ccp 425.12
Rum 9a2.10)
I
SKOfiT TITLE: TYREE V.
'.1,
PARK SE, et al.,
CASE NUMKR.
COMPLAINT - Personal Injury. Property Damage, Wrongful Death "Um
3. a. Each defendant named above is a natural person
an Except defendant (name): CITY OF
DIAMOND BAR, and DOES 21 to 30
Q a business organization, form unknown
Q a corporation
[] an unincorporated entity (describe):
® a public entity (describe): City
Q Other (specify):
® Except defendant (name): STATE OF
CALIFORNIA, and DOES 41 to 50
Q a business organization, form unknown
Q a corporation
Q an unincorporated entity (describe):
M a public entity (describe): State
[:3 other (specify):
® Except defendant (name): COUNTY OF LOS
ANGELES, and DOES 31 to 40
Q a business organization, form uknown
Q a corporation
Q an unincorporated entity (describe):
® a public entity (describe): County
Q other (specify):
Q Except defendant (name):
Q a business organization, form unknown
Q a corporation
Q an unincorporated entity (describe):
Q a public entity (describe):
Q other (specify):
b. The true names and capacities of defendants sued as Does are unknown to plaintiff.
C. Q Information about additional defendants who are not natural persons is contained in Complaint -
Attachment 30.
d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names):
4. ® Plaintiff is required to comply with a claims statute, and
a. ® plaintiff has complied with applicable claims statutes, or
j. Q plaintiff is excused from complying because (specify):
5. This court is the proper court because
® at least one defendant now resides in its jurisdictional area.
Q the principal place of business of a corporation or unincorporated association is in its jursidictional area -
CC injury to person or damage to personal property occurred in its jurisdictional area.
Q other (specify):
6. Q The following paragraphs of this complaint are alleged on information and belief (specify paragraph numbers}
(Continued)
vagetwo
f ,J
SHORT'TITLE: TYREE v. PAR -,EE, et al., I C&% NUMBER,
COMPLAINT - Personal Injury, Property Damage, Wrongful Death (Continued) Page ON
7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
(=,listed in Complaint — Attachment 7 [:3 as follows:
B. Plaintiff has suffered
®.wage loss ® loss of use of property
® hospital and medical expenses ® general damage
® property damage loss of earning capacity
(M other damage (specify):
As a result of said injuries, plaintiff, SHERRY TYREE, has been unable
to attend to her household duties and has been obliged to hire a house
keeper to care for her home and she will continue to be obliged to hir�
a housekeeper for an indefinite period in the future, all to her damag,
in a presently unascertainable amount; when such amount is known,
plaintiff will ask•leave of court to amend this complaint accordingly.
9. Relief sought in this complaint is within the jurisdiction of this court.
10. PLAINTIFF PRAYS
For judgment for costs of suit: for such relief as is fair, just, and equitable; and for
® compensatory damages
® (Superior court) according to proof.
Q (Municipal and Justice Court) in the amount of S
[Mother (specify): Prejudgment interest at the rate of lot per annum,
pursuant to the provisions of CIV.0 Section 3291.
11. The following causes of action are attached and the statements above apply to each: (Each cooplalnt musthave
one or more causes of action attached)
® Motor vehicle
® General Negligence
Q Intentional Tort
Q Products Liability
[M Premises Liability
[M Other (specry):
gARy , L,.. CHMBERS., . ESQ -.
(Type w print nose)
(awwwre of pillow or aaomw)
COMPLAINT - Personal Injury, Property Damage. P`9't""
51 9a_,(tl cconral Wrongful Death (Continued) OCPI25.12
SHWT•TITLE: TYREE V. Pi ELEE, et al., ~ CAN NUMBER:
FIRST CAUSE OF ACTION - Motor Vehicle Page 4
(nuTor)
ATTACHMENT TO X1 Complaint M Cross -Complaint
(use a separate cause of action form for each cause of actionJ
Plaintiff (name): SHERRY TYREE
My -i. Plaintiff alleges the acts of defendants were negligent; the acts were legal (proximate) cause of injuries
and damages to plaintiff; the acts occurred
on (date): 10/26/91
at(pface):Brea Canyon Cut-off 1/8 mile south of Pathfinder Road in
the City of Diamond Bar, County of Los Angeles, State of
California.
My -2. DEFENDANTS
a. ® The defendants who operated a motor vehicle are (names): BRIAN ALLEN PARMELEE, and
® Does 1 to 20, inclusive.
b. ® The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names): BRIAN ALLEN PARMELEE, and
® Does 1 to 20, inclusive.
C. M The defendants who owned the motor vehicle which was operated with their permission are (names):
BRIAN ALLEN PARMELEE, and
® Does 1 to 20, inclusive.
d. ® The defendants who entrusted the motor vehicle are (names): BRIAN ALLEN PARMELEE, and
® Does 1 to 20, inclusive.
e. ® The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names): BRIAN ALLEN PARMELEE, and
EM Does 1 to 20, inclusive.
f. Q The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
Q listed 1n Attachment MV -211 0 as follows:
CM Does to
cam ncorowW by ma
52 Jud" council of camome
Etraetiva JanMaly 1, 19e2
RYN9ez.1W CAUSE OF ACTION - MotorVehicls ooa.a.+s
$HORT'TITLE
TYREE v. PARMELEE,*et al.,
GSE NUMBER:
SECOND CAUSE OF ACTION - General Negligence Paye s
(nuffwa)
ATTACHMENT TO ® Complaint M Cross -Complaint
(Use a separate cause of action form for each cause of actionJ
GN -1. Plaintiff (name): SHERRY TYREE
alleges that defendant (name): BRIAN ALLEN PARMELEE, and
®Does 1 tom} inclusive.
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on(date): 10/26/91
at (place): Brea Canyon Cut -Off 1/8 mile south of Pathfinder Road in
the City of Diamond Bar, County of Los Angeles, State of
(description of reasons for aaawfy), California.
At all times herein mentioned, defendants, BRIAN ALLEN PARMELEE, and
DOE 1, were operating a 1988 Honda bearing California license number
2LHD919 owned by and registered in the name of BRIAN ALLEN
PARMELEE and DOES 1 through 20, inclusive, with the permission and
consent of the co-defendants, and each of them.
On or about the 26th day of October, 1991, at or about 6:50 p.m.,
plaintiff, SHERRY TYREE, was operating a 1986 Plymouth upon said
Brea Canyon Cut-off in the vicinity of its intersection with
Pathfinder in the City of Diamond Bar, County of Los Angeles, State
of California.
At the time and place aforesaid, defendants, and each of them, so
negligently, carelessly, recklessly, wantonly and unlawfully drove,
operated, maintained, conducted, controlled and entrusted said Honda
as to directly and proximately cause the same to run into and
collide with plaintiff's vehicle then and there being operated by
SHERRY TYREE as aforesaid.
Form Aaarovw br M.
Jud" council of caktom+
53 En�.JNu%I- IW CAUSE OF ACTION - General Negligence CCP 42s 12
SHORT TITLE TYREE v. PAI' ELSE, et al.,
THIRD CAUSE OF ACTION - Premises Liability Passe 6
(nuiaw)
ATTACHMENT TO ® complaint r7Cross-complaint
(Use a separate cause of action form for each cause Of aCbWJ
Prem.L-t. Plaintiff (name): SHERRY TYREE
alleges that the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): 10/26/91 plaintiff was injured on the following premises in the following
f ashion (description of premises and circumstances of in)ury):
Please see attachment Prem.L-1, Page Seven.
Prem.L-2 M Count One -Negligence The defendants who negligently owned, maintained, managed and operated
the described premises were (names): CITY OF DIAMOND BAR, and
W Does 21 to 30, inclusive.
Prem.L-3. 0 Count TWo-WWtful Failure to Warn (Civil Code section .8461 The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, Or activity were
(names):
p Does to
Plaintiff, a recreational user, was 0 an invited guest 0 a paying guest
Prem.L-4. [al count Three -Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names): CITY OF DIAMOND BAR, and
® DOeS 21 to 30, inclusive.
a. ® The defendant public entity had ® actual ® constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it
b. ® The condition was created by employees of the defendant public entity.
Prem.L-. a. M Allegations about Other Defendants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were (names):
M Does 21 to 50, inclusive.
b. 0 The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
M described in attachment Prem.L-5.b C3 as follows (names):
55 FoAPWw" dY"
Jues dicial council of Cal =,G
Effective"n119'x CAUSE OF ACTION - Premises Uabft cca.a.,x
rfur 942AW x., ts�
PET IiIONEWPLAINTIFF: SHE.,AY TYREE, CAM NUMOE :
%SPONDENT/DEFENDANT: BRIAN ALLEN PARMELEE
THIRD CAUSE OF ACTION -PREMISES LIABILITY PAGE SEVEN
Attachment to Complaint
Prem. L-1.
At approximately 6:50 p.m., plaintiff was traveling northbound on Brea
Canyon Cut-off south of its intersection with Pathfinder Road. At that
time and place, co-defendant, BRIAN ALLEN PARMELEE was operating a 1988
Honda, traveling southbound on Brea Canyon Cut-off. The co-defendant,
BRIAN ALLEN PARMELEE, due to the hereinafter described dangerous and
defective roadway, lost control of his vehicle, crossing into the
northbound lane, violating plaintiff's right-of-way and causing a
collision wherein plaintiff's vehicle was impacted head-on by the Honda.
The dangerous and/or defective nature of the subject roadway, its design
and road surface, included but was not limited to the following: The
northbound and southbound lanes of travel are constructed, maintained,
engineered, designed, covered, angled and banked so as to render it more
likely for vehicles traveling thereon to loose control in inclement
weather and leave their respective lanes of travel resulting in traffic
collisions.
W' a Fr
SHMT TITLE F cwsE nuMeEp
TYREE v. PARMELEE, et al.,
FOURTH CAUSE OF ACTION - General Negligence Page g
(nueear)
ATTACHMENT TO ® Complaint O Cross-Complaint
(Use a separate cause of action form for each cause of action)
GN -1. Plaintiff (name): SHERRY TYREE
alleges that defendant (name): CITY OF DIAMOND BAR, and
® Does 21 to in, i clusive.
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): 10/26/91
at (place): Brea Canyon Cut-off 1/8 mile south of Pathfinder Road in
the City of Diamond Bar County of Los Angeles, State of
(description a reasons for rawW): Ca i i f orni a .
At all times herein mentioned, defendants, CITY OF DIAMOND BAR, and
DOES 21 through 30, inclusive, owned, possessed, maintained and
controlled the following described,pproplkty: Brea Canyon Cut-off
1/8 mile south of Pathfinder Road in the City of Diamond Bar,
County of Los Angeles, State of California.
On or about the 26th day of October, 1991, plaintiff, SHERRY TYREE
was on or about said property under the following circumstances:
She was traveling northbound on Brea Canyon Cut-off south of its
intersection with Pathfinder Road.
At the time and place aforesaid and prior thereto, the
aforementioned property was in a dangerous condition which created
a substantial risk of injury when said roadway was used with due
care in a manner in which is was reasonably foreseeable that it
would be used in that: The northbound and southbound lanes of
travel are constructed, maintained, engineered, designed, covered,
angled and banked so as to render it more likely for vehicles
traveling thereon to loose control in inclement weather and leave
their respective lanes of travel resulting in traffic collisions.
The dangerous condition created a reasonably foreseeable risk of the
kind of injury which is hereafter alleged and the defendants, and
each of them, had actual knowledge of the existence of the condition
and knew or should have known, in the exercise of reasonable care,
of its dangerous character a sufficient time prior to the aforesaid
time and place to have taken measures against the dangerous
condition.
FOTO ADOrwad CW VW
AMMM couean of cawomia
53 Ef e . 'M CAUSE OF ACTION - General Negligence CCP 425.12
kL%j, TYREE,
RESPONDENT/DEFENDANT:
FOURTH CAUSE OF ACTION -GENERAL NEGLIGENCE PAGE NINE
Attachment to Complaint
GN -1.
As a direct and proximate result of the negligence, carelessness,
unlawfulness, recklessness and wantonness and the dangerous condition
created thereby, the following occurred: Co-defendant, BRIAN ALLEN
PARMELEE, lost control of his vehicle, crossing into the northbound
lane, colliding head-on with the plaintiff as aforesaid.
SNORT TITLE TYREE v. PAR ,EE, et al.,
FIFTH CAUSE OF ACTION - Premises Liability Page 10
(MUMM)
ATTACHMENTTO ®Complaint C:] Cross -Complaint
(use a separate cause of action form for each cause of actionJ
Prem.L-t. Plaintiff (name): SHERRY TYREE
alleges that the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): 10/26/91 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
Please see attachment Prem.L-1, Page Eleven.
Prem.L-2. (M Count one -Negligence The defendants C who negligently
1ige tly owned,
w eOS ANGELES maintained, amanaged and operated
the described premises were (navies):
® Does 31 to 40, inclusive.
Prem.L-3. (] Count Two-IM11ful Failure to Warn ICrvil Code section 8461 The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):
Q Does to
Plaintiff, a recreational user, was 0 an invited guest 0 a paying guest.
Prem.L-4. count Three -Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names): COUNTY OF LOS ANGELES, and
® Does 31 to 401 inclusive.
a. ® The defendant public entity had ® actual ® constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. ® The condition was created by employees of the defendant public entity.
Prem.L-5. a. ® Allegations about other Defendants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were (hames):
M Does 31 to 50, inclusive.
b. 0 The defendants who are liable to plaintiffs for other reasons and the reasons for their fiabifity are
Q described in attachment PreM.L-5.b 0 as follows (names):
FOM AVWQVW DY V14
57 . aaw co,,w -t c-mme
e"'c'" JW"IMCAUSE OF ACTION - Premises Uabiiity CCP425.12
flail 9a2.1(2.1cm '.n
F&SPONDENT/DEFENOMT:
FIFTH CAUSE OF ACTION -PREMISES LIABILITY PAGE ELEVEN
Attachment to Complaint
Prem.L-1.
At approximately 6:50 p.m., plaintiff was traveling northbound on Brea
Canyon Cut-off south of its intersection with Pathfinder Road. At that
time and place, co-defendant, BRIAN ALLEN PARMELEE was operating a 1988
Honda, traveling southbound on Brea Canyon Cut-off. The co-defendant,
BRIAN ALLEN PARMELEE, due to the hereinafter described dangerous and
defective roadway, lost control of his vehicle, crossing into the
northbound lane, violating plaintiff's right-of-way and causing a
collision wherein plaintiff's vehicle was impacted head-on by the Honda.
The dangerous and/or defective nature of the subject roadway, its design
and road surface, included but was not limited to the following: The
northbound and southbound lanes of travel are constructed, maintained,
engineered, designed, covered, angled and banked so as to render it more
likely for vehicles traveling thereon to loose control in inclement
weather and leave their respective lanes of travel resulting in traffic
collisions.
SHORT TITLE CAN NuueER:
TYREE v. PARMELk-E, et al.,
SIXTH CAUSE OF ACTION - General Negligence P.9• 12
(new.)
ATTACHMENT TO ® Complaint M Cross -Complaint
(Else a separate cause of action form for each cause of action)
GN -1. Plaintiff (name): SHERRY TYREE
alleges that defendant (name): COUNTY OF LOS ANGELES, and
®Does 31 to 40, inclusive.
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
o n (oats): 10/26/91
at (place): Brea Canyon Cut-off 1/8 mile south of Pathfinder Road in
the City of Diamond Bar County of Los Angeles, State of
(description of reasons for tawny): California.
At all times herein mentioned, defendants, COUNTY OF LOS ANGELES,
and DOES 31 through 40, inclusive, owned, possessed, maintained and
controlled the following described property: Brea Canyon Cut-off 1/8
mile south of Pathfinder Road in the City of Diamond Bar, County of
Los Angeles, State of California.
On or about the 26th day of October, 1991, plaintiff, SHERRY TYREE
was on or about said property under the following circumstances: She
was traveling northbound on Brea Canyon Cut-off south of its
intersection with Pathfinder Road.
At the time and place aforesaid and prior thereto, the
aforementioned property was in a dangerous condition which created a
substantial risk of injury when said roadway was used with due care
in a manner in which is was reasonably foreseeable that it would be
used in that: The northbound and southbound lanes of travel are
constructed, maintained, engineered, designed, covered, angled and
banked so as to render it more likely for vehicles traveling thereon
to loose control in inclement weather and leave their respective
lanes of travel resulting in traffic collisions.
The dangerous condition created a reasonably foreseeable risk of the
kind of injury which is hereafter alleged and the defendants, and
each of them, had actual knowledge of the existence of the condition
and knew or should have known, in the exercise of reasonable care,
of its dangerous character a sufficient time prior to the aforesaid
time and place to have taken measures against the dangerous
condition.
FOM Aowor.a by n,.
,x,acw Cama of COWMA
53 En.e+q yta'" +m CAUSE OF ACTION - General Negligence cea.a+Z
V171ONER/PLAINTIFF: S
RESPONOENT/DEFENDANT: B
1
TYREE,
ALLEN PARMELEE.
SIXTH CAUSE OF ACTION -GENERAL NEGLIGENCE
Attachment to Complaint
PAGE THIRTEEN
GN_ 1.
As a direct and proximate result of the negligence, carelessness,
unlawfulness, recklessness and wantonness and the dangerous condition
created thereby, the following occurred: Co-defendant, BRIAN ALLEN
PARMELEE, lost control of his vehicle, crossing into the northbound
lane, colliding head-on with the plaintiff as aforesaid.
SHORT TITLE TYREE v. PA :LEE, et al., WE NUMKR:
SEVENTH CAUSE OF ACTION - Premises Liability Page 14
(numw)
ATTACHMENT TO ® Complaint M Cross -Complaint
(Use a separate cause of action form for each cause of action)
Prem.L-t. Plaintiff (name): SHERRY TYREE
alleges that the acts of defendants were the legal (proximate) cause of damages to plaintiff.
on (date): 10/26/91 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
Please see attachment Prem.L-1, Page Fifteen.
Prem.L-2 M Count One -Negligence The defendants who negligently owned, maintained, managed and operated
the described premises were (names): STATE OF CALIFORNIA, and
Does 41 to 50, inclusive.
Prem.L-3. (] Count Two-W11Hul Failure to Warn (Civil Code section 8461 The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):
p Does to
Plaintiff, a recreational user, was O an invited guest 0 a paying guest.
Prem.L-4. QS] Count Three -Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names): STATE OF CALIFORNIA, and
® Does 41 to 50, inclusive.
a. ® The defendant public entity had M actual ® constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. ® The condition was created by employees of the defendant public entity.
Prem.L-. a. M Allegatlons Mesut Other D~dants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were (names):
® Does 41 to 50, inclusive.
b. 0 The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
0 described in attachment Prem,L-.b 0 as follows (moles):
55 ,moon co a 1 c° i� °'w M*
E"'e"RuleW. M) CAUSE OF ACTION - Premises Liability CCP .zs.1:
RuNl9e2.1 W
E �
'PETITIONE7/PLAINTIFF: SHE. L TYREE,
RESPONOENTAkFENOANT:
SEVENTH CAUSE OF ACTION -PREMISES LIABILITY PAGE FIFTEEN
Attachment to Complaint
Prem.L-1.
At approximately 6:50 p.m., plaintiff was traveling northbound on Brea
Canyon Cut-off south of its intersection with Pathfinder Road. At that
time and place, co-defendant, BRIAN ALLEN PARMELEE was operating a 1988
Honda, traveling southbound on Brea Canyon Cut-off. The co-defendant,
BRIAN ALLEN PARMELEE, due to the hereinafter described dangerous and
defective roadway, lost control of his vehicle, crossing into the
northbound lane, violating plaintiff's right-of-way and causing a
collision wherein plaintiff's vehicle was impacted head-on by the Honda.
The dangerous and/or defective nature of the subject roadway, its design
and road surface, included but was not limited to the following: The
northbound and southbound lanes of travel are constructed, maintained,
engineered, designed, covered, angled and banked so as to render it more
likely for vehicles traveling thereon to loose control in inclement
weather and leave their respective lanes of travel resulting in traffic
collisions.
r
(
SHOR1 TITLE
v. PARMELEE, et al.,
'I
CASE NUMBER.
EIGHTH CAUSE OF ACTION - General Negligence Page—J-6—
ATTACHMENT
age 16
ATTACHMENT TO ® complaint O cross -Complaint
(Use a separate cause of action form for each cause of action
GN -1. Plaintiff (name): SHERRY TYREE
alleges that defendant (name): STATE OF CALIFORNIA, and
M Does 41 to 5o, inclusive.
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on(date): 10/26/91
at (place): Brea Canyon Cut-off 1/8 mile south of Pathfinder Road in
the City of Diamond Bar, County of Los Angeles, State of
(description of reasons for aab#W): C a l i f o r n i a.
At all times herein mentioned, defendants, STATE OF CALIFORNIA, and
DOES 41 through 50, inclusive, owned, possessed, maintained and
controlled the following described property: Brea Canyon Cut-off 1/8
mile south of Pathfinder Road in the City of Diamond Bar, County of
Los Angeles, State of California.
On or about the 26th day of October, 1991, plaintiff, SHERRY TYREE
was on or about said property under the following circumstances: She
was traveling northbound on Brea Canyon Cut-off south of its
intersection with Pathfinder Road.
At the time and place aforesaid and prior thereto, the,
aforementioned property was in a dangerous condition which created a
substantial risk of injury when said roadway was used with due care
in a manner in which is was reasonably foreseeable that it would be
used in that: The northbound and southbound lanes of travel are
constructed, maintained, engineered, designed, covered, angled and
banked so as to render it more likely for vehicles traveling thereon
to loose control in inclement weather and leave their respective
lanes of travel resulting in traffic collisions.
The dangerous condition created a reasonably foreseeable risk of the
kind of injury which is hereafter alleged and the defendants, and
each of them, had actual knowledge of the existence of the condition
and knew or should have known, in the exercise of reasonable care,
of its dangerous character a sufficient time prior to the aforesaid
time and place to have taken measures against the dangerous
condition.
Fan APO/bvW by pw
53 E .fnw` .,°u"mm,� ,Mr
m,»9az.um CAUSE OF ACTION - General Negligence cca.zs. 12
PETITIONERMUINTIFF: ShERAY TYREE,
RESPONOENT/MFENOANT BRIAN ALLEN F
EIGHTH CAUSE OF ACTION -GENERAL NEGLIGENCE PAGE SEVENTEEN
Attachment to Complaint
GN -1.
As a direct and proximate result of the negligence, carelessness,
unlawfulness, recklessness and wantonness and the dangerous condition
created thereby, the following occurred: Co-defendant, BRIAN ALLEN
PARMELEE, lost control of his vehicle, crossing into the northbound
lane, colliding head-on with the plaintiff as aforesaid.
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 15, 1992 REPORT DATE: November 16, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Notice of Completion for the 1991-92 Slurry Seal Improvement Program - Area Two
SUMMARY: The City Council, on April 21, 1992, awarded a slurry seal contract to Roy Allan Slurry Seal,
Inc. for a total amount of $145,599.75. The work, including the necessary repair work, has been determined
to be in accordance with the plans and specifications approved by the City.
RECOMMENDATION: It is recommended that the City Council accept the work performed by Roy Allan
Slury Seal, Inc. and authorize the City Clerk to file the proper Notice of Completion.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specifications (on file in City Clerk's Office)
X Other Notice of Completion
1. Has the resolution, ordinance or agreement been reviewed
_ Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
_ Yes X No
4. Has the report been reviewed by a Commission?
Yes X No
Which Commission?
_
5. Are other departments affected by the report?
Yes X No
Report discussed with the following affected departments:
_
REVIEWED BY:
J&4&V,C /L
Terrence L. Belanger
City Manager
City
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 15, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Notice of Completion for the 1991-92 Slurry Seal Improvement
Program - Area Two.
ISSUE STATEMENT
File and submit for recordation a Notice of Completion for the 1991-92 Slurry
Seal Improvement Program - Area Two.
RECOMMENDATION
It is recommended that the City Council accept the work performed by Roy
Allan Slurry Seal, Inc. and authorize the City Clerk to file the proper
Notice of Completion.
FINANCIAL SUMMARY
This process of filing Notice of Completion has no financial impact on the
City's 1992-93 budget.
BACKGROUND/DISCUSSION
The City Council, at their regular meeting of April 21, 1992, awarded the
contract for the 1991-92 Slurry Seal Improvement Program to Roy Allan Slurry
Seal, Inc., the lowest responsible bidder. The construction contract amount,
including change order items, was $131,306.08.
On June 12, 1992, Roy Allan Slurry Seal, Inc., completed the 1991-92 Slurry
Seal Improvement Program - Area Two. Due to the numerous power -steering
marks on the freshly laid slurry seal, it was agreed upon that the contractor
will come back in October to do the repair work. On October 29, 1992, Roy
Allan Slurry Seal, Inc. completed all the clean-up work. Staff has
determined that the work is in accordance with the plans and specifications
prepared and approved by the City.
Prepared By:
David G. Liu
1
RECORDING REQUESTED BY
4ND 'AHEN RECORDED MAIL TO
F—
home 1tv >f Diamond Bar
Street
Ad7ress21660 E. Copley Dr. , Ste.
StateB Diamond Bar, CA 91765-4177
LATTV- Pit-- ri,._I.
NOTICE OF COMPLETION
Notice pursuant to evil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21660 E. Copley Drive, Suite 100 Diamond Bar CA 91765-4177
4. The nature of the interest or estate of the owner is; In fee.
(If other than fee. strike "In fee" and Insert, for example, "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed onOctober 29. 1992 The work done was:
The 1991-92 Slurry Seal Ion rovement Program — Area Two
7. The name of the contractor, if any, for such work of improvement was Roy Allan SlurrX Seal, Inc.
(If no contractor for work of Improvement as a whole, insert "none".) Aril 21, 1992
(Date of Contract)
8. The property on which said work of improvement was completed is in the city of Diamond Bar
County of Los Angeles State of California. and is described as follows: 1991-92 Slurry Seal
Improvement Program — Area Two
9. The street address of said property is None
Dated: December 1, 1992 (if no street address has been officially assigned, insert "none'.)
VerilioatPon for Individual Owner
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
1, the undersigned, say. I am the Interim City Engineer
("President of Manager of', "A partner of", "Owner of', etc.) the declarant of the foregoing
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on . 19at
(Dale of signature.) , California.
(City where signed.)
lFersonal signature of the individual who is swearing that the contents of
the notice of completion are true)
NOTICE OF COMPLETION—WOLCCTTS FORM I I1 1—— 6-74 I0-0,ss3)
AGENDA ITEM NO. 6.1
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 6.2
NO DOCUMENTATION AVAILABLE
MTV 11LRMIUAM %119
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 15, 1992 REPORT DATE: December 2, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Consideration of Installing Guardrails Along the Northerly Side of Grand Avenue at Rolling Knoll
Road.
SUMMARY: To address Gold Nugget Avenue residents' concern regarding noise, traffic accidents, speeding
vehicles, and debris, several options have been reviewed and discussed by the Traffic and Transportation
Commission and the City Council. Of those options, as presented in the November 17, 1992 Council Report,
guardrails screened with hedges were recommended by the City Council.
RECOMMENDATION: That the City Council consider limiting construction to no more than 250 lineal -feet
of guardrail with hedges and that residents increase their respective slope area landscaping along Grand
Avenue. Direct that bids be taken for the lined feet of guardrail to be installed and be brought back for City
Council action at the meeting of January 19, 1993.
LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Specifications
Ordinances(s) _ Other
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?
Majority
3.
Has environmental impact been assessed?
Yes X No
4.
Has the report been reviewed by a Commission?
X Yes _ No
Which Commission? Traffic and Transportation Commission
5.
Are other departments affected by the report?
_ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
r
Terrence L. Belanger
City Manager
crry couNcrL nuponT
AGENDA NO.
MEETING DATE: December 15, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Consideration of Installing Guardrails Along the Northerly
Side of Grand Avenue at Rolling Knoll Road
ISSUE STATEMENT
What is the cost to fund construction of guardrails with hedge along Grand
Avenue for the section in question.
RECOMMENDATION
That construction be limited to no more than 250 lineal -feet of guardrail
with hedges and that residents increase their respective slope area
landscaping along Grand Avenue. Bids are to be taken for construction and
brought back to City Council for final action.
FINANCIAL SUMMARY
No cost will be incurred if residents/property owners are the funding source
of the project.
BACKGROUND/DISCUSSION
Residents of Gold Nugget Avenue have expressed and petitioned for a wall
along their back yards on the northerly side of Grand Avenue at Gold Nugget
Avenue. According to the residents, the request for a wall resulted from the
increased noise levels, fear of traffic accidents, speeding vehicles, and the
debris that accumulates on their slope areas. Residents proposed that the
wall should be continued from the existing wall on Grand Avenue,
approximately 500 feet east of Cleghorn Street, for another 2,200 feet.
At the November 17, 1992 City Council meeting, soundwall, guardrail, slope
landscaping, and block wall with wrought iron fence were the options reviewed
and discussed. Pursuant to the direction of the City Council, staff has
explored the guardrail with hedge option.
Staff evaluated construction using either new or salvaged guardrail material.
We also compared installation costs using County forces and contractor
services. CalTrans will provide salvaged guardrail material at ng cost to
the City, we would need to pay only for the cost of transportation.
1
Page Two
Grand Avenue Guardrails
December 2, 1992
Cost estimates are as follows:
New/Used
Labog N,aterials
County $23/Ft. $10/Ft.
Private $13/Ft. $10/Ft.
Construction Cost
Using Salvaged
Guardrail
or From CalTrans
or $7
or $7
Total
New Salvaged
250 Ft.
County 5,750 2,500 or 1,750 8,200 7,500
Private 3,250 2,500 or 1,750 1,750 5,000
2,200 Ft.
County 50,600 22,000 or 15,400 72,600 66,000
Private 28,600 22,000 or 15,400 50,600 44,000
Landscaping costs
for shrubs are $8,000
if 5 gallon shrubs
are used.
Staff recommends that bids be taken for installation of the lineal feel of
guardrail the City Council deems appropriate. Once received, the bids would
be brought back to City Council for final action and funding recommendations.
E
�. ip.JSl3i►
71A,/8b1- 311'7
December 4. 1992
Don Hensley
CITY OF DIAMOND FEAR
21660 East Copley Drive
Suite 100
Diamond Bar, CA 91765-4177
RE: City of Diamond Bar
Shrubs
Dear Don:
Per year request, we are pleased to submit a propoeal to add
zhrubs along the aide strip of Grand Avenue (behind existing turf
strip) .
1. 5501 - 5gal shrubs at $14.00 each = $ 7,700.00
OR
2. 550 - 15gal shrubs at $60.00 each
Tf you have any questions, please cell me.
Sincerely.
`�. �d L' lf ji,`
Ed Weiser
Field Suvervisrr
EW:cag
$33,000-00
1910 N. LIME STREET, ORANGE, CA 92665 * CONTRACTOR'S STATE LICENSE C-27 #603282
PHONE: (714) 921-4255 9 FAX: (714) 921-1273
tE
HOE !LMEMM
jWTENA
E�ol, 1; .- r. �7- L f-' ti
P, OpOn
��.plcy
Bar
Tlea , -
f I IF, r t C) ladd
aX'F� 1,urf
Grand Avenue (behind
the side Ot,"ir` `f
nF
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PHONE (714) 921-4255 0 f:AK (714) 921-i273
CITY OF DIAMOND BAR
rsGLIiDA 1xnV0r'r AGENDA NO. -- TO: Honorable Mayor and City Council
MEETING DATE: December 15, 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. (Continued from
December 1, 1992.)
RECOMMENDATION:
Approve mid -year budget amendment for Fiscal Year 1992-93 as presented.
LIST OF ATTACHMENTS:
X Staff Report
_ Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Spec. (on file in City Clerk's Office)
X Other - Mid -Year Budget Amendment _
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:
REVIEWED BY:
Terrence L. Belang Linda G. Magfngson
City Manager Accounting Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 15, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Fiscal Year 1992-93 Mid Year Budget Amendment
ISSUE STATEMENT:
The City Council adopted Resolution 92-36 establishing the 1992-93 Fiscal
Budget. Recognizing that the adopted budget is an ever changing document, it
is necessary to monitor and evaluate its implementation during the course of
the year.
RECOMMENDATION:
Staff is recommending that the City Council approve the proposed FY 92-93
Mid -Year Budget Amendment.
DISCUSSION:
On June 16, 1992 the City Council adopted the FY 92-93 budget via Resolution
92-36. The adopted budget estimated total General Fund revenues and
resources to be $9,010,200 and the total appropriations to be $8,719,461,
thus netting an estimated change in fund balance of $290,739. As changes
have occurred due to the State's budget shortfalls and other changes have
become necessary, staff is recommending an amendment to the FY 92-93 budget.
The proposed amendment to the General Fund budget would increase revenues and
resources to $9,321,700 and increase appropriations to $8,796,564, which
would then net an estimated change in fund balance of $525,136.
MAJOR CHANGES IN REVENUE ESTIMATES:
Property Tax Revenue - Reduced by $126,000. This represents a 9% reduction
as a result of the State budget cuts required by SB 617.
Revenue From Other Agencies - Increased by $300,000. This increase is as a
result of the proposed Prop A fund exchange with the City of Pasadena.
Current Service Charges - Increased by $162,500. These revenues are being
increased to more accurately reflect actual anticipated revenues. Revenues
included in this category are from building and safety fees, planning and
engineering fees, and recreation programs.
Transfer -in Other Funds - Decreased by $38,000. This decrease is due to the
reduction in street related expenditures. These expenditures would have been
covered by a transfer in from the Gas Tax Fund.
MAJOR CHANGES IN APPROPRIATIONS:
City Manager Department - Increased by $50,200. During discussions regarding
the City Manager's position, it was decided that the position of Assistant
City Manager would be reconsidered after the City Manager's position was
permanently filled. As a result, it is recommended that the City Manager's
Department budget be increased to allow for the recruitment of an Assistant
City Manager.
City Clerk Department - Increased by $7,750. The increase in this department
is to augment the professional services budget to allow for the hiring of a
minute secretary. In addition additional budget is being requested to buy
supplemental computer equipment to access the legislative history system.
Planning Department - Decreased by $26,280. This decrease is due to the
elimination of an intern position, as well as refinements in the anticipated
expenditures for the various professional services accounts.
Building and Safety Department - Increased by $48,000. The Building and
Safety permit estimated revenues have been increased. Since the Building and
Safety contract services amount is a function of the revenues collected, this
budget should also be increased.
Community Services Department - Increased by $46,823. This fiscal year, the
City has taken responsibility for the administration of the Tiny Tots and
Concerts in the Park programs. As a result, the contract amount with the
City of Brea has been decreased by $44,000. Administration costs for these
programs have been included in this proposed amendment. Another major
component of the increase to Community Services budget is an allocation for
the rental of school facilities for the recreation program ($50,000).
Additionally, $9,000 is being requested to do turf enhancement at Peterson
Park.
Public Works Department - Decreased by $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
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 15, 1992 REPORT DATE: December 9, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Proposed sewer project in "The Country"
SUMMARY: A determination needs to be made related to proceeding with the proposed sewer assessment
district for 146 properties in "The Country".
RECOMMENDATION: That City Council take the following actions:
1. Establish January 19, 1993 City Council meeting as the time and place for considering a Resolution of
Intention for proceeding with the proposed district;
2. Authorize staff to proceed with securing competetive bids for design of the proposed sewer system.
3. Direct that a petition be circulated to the affected property owners pursuant to section 2804.5 of the
Streets and Highways code;
4. Direct staff to determine any EIR requirements for inclusion in the report to be prepared for
January 19, 1993; and
5. Authorize an amount not -to -exceed $45,000 for City Engineering support.
LIST OF ATTACHMENTS:_X Staff Report Public Hearing Notification
X Resolution(s) X Bid Specifications
_ Ordinances(s) _ Other
_ Agreement(s)
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 affepted departments:
VIEWED
7-- � -�
Terrence L. Belanger
City Manager
Georgi A. Wentz
Interim City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 15, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Proposed Sewer Project In "The Country"
ISSUE STATEMENT
Should the City proceed with formation of the sewer assessment district for
"The Country", what actions need to be taken and what is the anticipated
schedule?
RECOMMENDATION
That City Council take the following actions:
1. Establish January 19, 1993 as the time and place for considering a
Resolution of Intention for proceeding with the proposed district;
2. Authorize staff to proceed with securing competitive bids for design of
the proposed sewer system.
3. Direct that a petition be circulated to the affected property owners
pursuant to section 2804.5 of the Streets and Highways code;
4. Direct staff to determine any EIR requirements for inclusion in the
report to be prepared for January 19, 1993; and
5. Authorize an amount not -to -exceed $45,000 for City Engineering support.
FINANCIAL IMPACT
The City will need to finance staff time and the design effort for the
project. The funds are subject to reimbursement from the district if formed.
Anticipated expenditures for related tasks is approximately $225,000. This
includes $145,000 for design fees, $45,000 for Engineering support, $10,000
in appraisals, $5,000 for bond council, $10,000 legal fees and $10,000
contingency.
BACKGROUND
In response to concerns raised by local residents about the adequacy of the
septic systems to handle sewage for the homes not presently on sewer systems,
the City initiated an evaluation of the area. This included a report by
Kleinfelder and a sewer feasibility study by Dwight French and Associates.
Both reports conclude that sewers should be installed in the area to provide
a long term solution to handling the needs of the community.
In addition, the health department has cited several homes related to the
inadequacy of handling sewage in the area.
1
Page Two
Proposed Sewer in "The Country"
December 9, 1992
In addition, the health department has cited several homes related to the
inadequacy of handling sewage in the area.
ANALYSIS
A townhall meeting was held on November 19, 1992 at the community center in
the Country. All residents which may be impacted by the proposed sewer
district were notified of the meeting and invited to attend. This was an
opportunity to present the approach used in forming a sewer district, related
schedules, costs and to address their questions. A copy of the handouts and
related correspondence is included for City Councils information.
Based on the findings of the reports mentioned above and potential health
concerns, staff recommends that the City proceed with the formation of the
sewer district as expidiciously as possible.
The code now provides that the City may proceed in the formation of a
district without detail plans and specifications. However, section 10204 of
the code also specifies what information must be provided in order to proceed
with a district. Therefore, Staff is recommending that we proceed by
formally initiating the district at the City Council meeting on January 19,
1993. This will provide staff with sufficient time to complete the items per
our recommendation and for the residents to voice their opinions.
The attached outline of events and schedule is recommended for forming the
district. It assures the residents that we will proceed in a timely manner
but provides for appropriate public input as we proceed with the project.
This schedule will abe updated based on actions taken and any changes that
may be recommended.
Section 2804.5 provides an opportunity to waive requirements for an
engineering assessment report if 60% of the residents are in favor of a
project. Should we not have sufficient signatures, we will prepare the
appropriate reports.
The following steps are recommended to proceed with the district:
1. Establish a time and place for considering a Resolution of
Intention for forming the proposed district.
2. Secure competitive bids for design of the sewer system.
3. Following adoption of the Resolution of Intention, the
City Engineer will prepare a report to be brought back to
the City Council for consideration and action.
4. In not less than 30 days after action on that report by
the City Council, a hearing will be held to allow for any
protests to the report.
2
Page Three
Proposed sewer in 'The Country"
December 9, 1992
5. The City Council will need to determine whether to proceed with the
detailed design before the conclusion of the public hearing which
considers protests from the residents within the district as
proposed. our schedule assumes that the design will begin after
bids are received and a selection is made of the design consultant.
Prepared by:
George Wentz
3
E E Y T A S x S
P R O P O S E D S E W E R D I S T R I C T
TASK
TARGET COMP teTTn DATE
1• PRESENT PLAN AND SCHEDULE
TO CITY COUNCIL DECEMBER, 1992
2• SOLICIT BIDS FOR DESIGN
OF SEWERS
3• CIRCULATE PETITION TO RESIDENTS
4• CITY COUNCIL MEETING TO CONSIDER
RESOLUTION OF INTENTION
5• PREPARE ENGINEERS REPORT
FOR SUBMITTAL TO CITY COUNCIL
6• HOLD PUBLIC/PROTEST HEARING
ON RESOLUTION/ENGINEERS REPORT
7. COMPLETE SEWER DESIGN
S. CALL FOR BIDS ON CONSTRUCTION
9• PREPARE BILLS AND ASSESSMENTS
10. ISSUE BONDS
11. ISSUE'NOTICE TO PROCEED WITH
CONSTRUCTION
12• PROJECT CONSTRUCTION
Prepared: 12-9-92
JANUARY, 1993
FEBRUARY 16, 1993
JANUARY 19, 1993
FEBRUARY 16, 1993
APRIL 6, 1993
JULY 1993
AUGUST 1993
SEPTEMBER 1993
OCTOBER 1993
OCTOBER 1993
APRIL 1994
CITY OF DIAMOND BAR COF)y
I N T$ R O F F I C B M E M O R A N D U K
TO: File
FROM: George Wentz
SUBJECT: Townhall Meeting for Sewers in the Country
DATE: 12-2-92
A meeting was held at the Community Center in the country to
present our initial findings regarding the feasibility of building
the proposed sewers and to provide an op
to
discuss their concerns and any related issues. Irtunityf would residentsor wouldthat approximately 60 or more people were present at the meeting.
At the meeting a sign up sheet was passed out to identify those who
were present (and were willing to sign in). On the sheet, we asked
for a preliminary reaction from each resident as to whether they
were in favor, opposed or uncertain as to their position on
constructing the sewers in question. It was clearly mentioned that
their response was voluntary and that it would not be used for any
legal purposes. From the response we receivedp er
were 15 in favor, 13 opposed and 12 uncertain.property, there
Attachment A is an agenda that was used for the meeting to discuss
primarily findings to date, costs and an anticipated schedule if
construction were to proceed.
The following is a brief summary of the items discussed:
1• The Kleinfelder report, Dwight French report, health
department investigations and our conclusions were
presented. I stated that it was my opinion that sewers
should be constructed for the area in question and
include all of the properties.
2. An area map was displayed that identified the anticipated
boundary for the sewer district. This included 136 homes
and 12 vacant lots.
3. The general process for forming a district was discussed.
The following were the key steps outlined:
a• Design approach
b. Engineers Report including assessment findings,
engineering findings and the methods of assessment.
C. Resolution of intention
Page two
Sewers in the Country
December 2, 1992
d. Protest process
e. Assessments
4. Projected costs were presented based on our current
estimates. Attachment B shows the costs presented at the
meeting.It was also pointed out that the cost per month
based on an anticipated interest rate of 7 - 8% would be
between $ 130 - $140 per month based on a amortization
Of 15 years.
5. Attachment C shows an preliminary schedule that was
presented. The point of the schedule was to demonstrate
that it is a lengthy process and will take time to
construct. The schedule will be finalized based on
future actions by the City Council.
Key questions at the meeting related to costs, other alternatives
that have been considered and whether or not the sewers would be
mandatory.
The meeting opened at approximately 6:0o Pm and ended at about 7:30
Pm.
cc: Terry Belanger
Jim Gardner
N
,4�odr A
A G E N D A
T O W N H A L L M E E T I N G
SEWERS IN "T H E COUNTRY"
N O V E M B E R 1 9, 1 9 9 2
1• DISCUSSION OF ACTIONS TO DATE AND FINDINGS
OF THE RECENT STUDY.
2• IDENTIFICATION OF THE PROPOSED DISTRICT AREA
3• WHAT IS THE PROCESS TO BE FOLLOWED TO FORM
A SEWER ASSESSMENT DISTRICT
4• DISCUSSION OF PROJECTED COSTS
(PRELIMINARY ESTIMATES ONLY)
5•. WHAT'S NEXT - OUR ANTICIPATED SCHEDULE?
Q
�Tfahcfiyr�rr- r /� T V
1992 SMmR AS88�1 ^
S COST NOTI31AT8
1
CONBTRDC IO ESTIMATE
Sewer Main
Force Main $635,000
Manholes $235,000
Pump Stations and Residential pumps $145,000
Sub-Total $475,000
Construction Contingency $1,490,000
$230,000
Total Construction Costs
$1,720,000
INCIDENTAL C08T�
Appraisal Fees
Design Fee $10,000
$145,000
Engineering/Administration Fee
Inspection Fees $45,000
Bond Counsel Fee $20,000
$20,000
Bond Printing, Publications
Legal and Fiscal Agent Fees $15,000
Other Incidental Costs $20,000
$100,000
Total Incidental Costs
Total $375,000
Underwriting (3$) $2,095,000
GRAND TOTAL $60,000
3S 000
Average Cost per Parcel (148)
. _ $14,426
onnA
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K E Y T A S K 8
P R O P O S E D e E W E R D I S T R I C T
TASK
1. PRESENT PLAN AND SCHEDULE
TO CITY COUNCIL
2. SOLICITE BIDS FOR DESIGN
3. PRESENT CONTRACT TO COUNCIL
4• COMPLETE PLANS & SPECS &
ENGINEERS REPORT
5. ADOPT RESOLUTION OF INTENTION
6. PUBLISH NOTICES FOR PROTEST
HEARING
7. CALL FOR BIDS ON CONSTRUCTION
8• HOLD PUBLIC/PROTEST HEARING ON
RESOLUTION AND ENGINEERS REPORT
9• PREPARE BILLS AND ASSESSMENTS
10. ISSUE BONDS
11. ISSUE NOTICE TO PROCEED WITH
CONSTRUCTION
12. PROJECT CONSTRUCTION
TARGET COMPLETION DATE
DECEMBER, 1992
JANUARY, 1993
JANUARY, 1993
JULY, 1993
AUGUST 1993
AUGUST 1993
SEPTEMBER 1993
SEPTEMBER 1993
OCTOBER 1993
NOVEMBER 1993
DECEMBER 1993
JUNE 1994
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CITY OF DIAMOND BAR f .1
AGF.NTIA REPORT 'k Nd.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: December 15, 1992 REPORT DATE: December 11, 1992
FROM: Terrence L. Belanger, City Manager
TITLE: Municipal Solid Waste Collection, Disposal and Recycling System
SUMMARY:
On December 1, 1992, the City Council terminated all negotiations with Western Waste Industries for the
provisions of solid waste collection, disposal and recycling services within the incorporated City boundaries
and directed staff to prepare, for the Council's consideration, a non-exclusive contract that could be granted
to any qualified solid waste contractor meeting the requirements and standards set forth by the City.
RECOMMENDATION:
It is recommended that the City Council approve Resolution 90-95A, which amends and reforms the existing
permit system for the collection and disposal of solid waste, and direct staff to issue notice to all permitted
waste haulers and other interested parties of the City's intent to issue individual agreements, commencing
January 1, 1993, for the collection, transportation, recycling, composting, and disposal of solid waste,
recyclables, and compostable materials generated within the City.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
-Ordinances(s)
X Agreement(s)
_ Other
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environmental impact been assessed? N/A
4. Has the report been reviewed by a Commission?
Which Commission? Council Subcommittee
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belanger
City Manager
rr `�
Tr . ButzlafAty
Assis o the M ger
X Yes _ No
_ Yes _ No
X Yes No
_ Yes X No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 15, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Municipal Solid Waste Collection, Disposal and Recycling
System
ISSUE STATEMENT:
On December 1, 1992, the City Council terminated all negotiations with
Western Waste Industries for the provision of solid waste collection,
disposal and recycling services within the incorporated City boundaries and
directed staff to prepare, for the Council's consideration, a non-exclusive
contract that could be granted to any qualified solid waste contractor
meeting the requirements and standards set forth by the City.
RECOMMENDATION:
It is recommended that the City Council approve Resolution 90-95A, which
amends and reforms the existing permit system for the collection and disposal
of solid waste, and direct staff to issue notice to all permitted waste
haulers and other interested parties of the City's intent to issue individual
agreements commencing January 1, 1993, for the collection, transportation,
recycling, composting, and disposal of solid waste, recyclables, and
compostable materials generated within the City.
BACKGROUND:
As has been previously stated, the City Council has wide latitude, under
state law, to contract for solid waste collection services. Pursuant to
Government Code Section 66757 (b), the City Council has the authority to
issue multiple contracts or permits for the collection and disposal of
residential, commercial, and industrial wastes. This authority is also
reflected in Section 3, of Ordinance 2 (1990) heretofore adopted by the City
of Diamond Bar. This Ordinance authorizes the City Council "to issue permits
for the collection and disposal of refuse, trash, rubbish and other forms of
solid waste..." Furthermore, in accordance with the Health and Safety Code,
the City Council may, by ordinance or resolution, prescribe the terms and
conditions of any contract and/or permit for the collection and disposal of
solid waste (Section 4250). These terms may regulate the nature, location
and extent of the services provided, including, but not limited to, the
.frequency of collection, the means of collection and transportation, level of
services, charges and fees, nature, location, and extent of providing solid
waste handling services (Government Code Section 66757).
The City has heretofore adopted Resolution 90-95 establishing a permit system
for the collection and disposal of solid waste generated within the City.
This system, which is structured like a business licensing system, requires
any solid waste contractor wishing to providing solid waste collection and
disposal services within the City's jurisdictional boundaries to first obtain
a permit from the City Council authorizing them to provide such services. In
addition, the permit system allows the City to regulate the number of waste
haulers providing service to the City and establish uniformed standards for
service, equipment, reporting, and the collection of recyclables.
The Council Subcommittee has determined that the issuance of multiple
agreements, through a modified permit system, is a viable alternative to an
exclusive franchise in that it promotoo comnoptition while =�9u�awry
compliance with state and local laws. As is the case with an exclusive
franchise, any solid waste contractor (hereinafter referred as "Permittee")
that enters into an agreement under the proposed permit system would be
obligated to comply with the City's requirements as set forth by both
Ordinance 2 (1990) and the agreement itself. Some of the principal features
incorporated into the proposed agreement are significantly different from the
existing permit system. These features include, but are not limited to:
o CITYWIDE RECYCLING SERVICES. The Permittee will institute a
comprehensive recycling program consisting of curbside
recycling services for single-family residences; technical
assistance, on-site waste audits, and recycling services to
commercial subscribers and multi -family residences; and
construction and demolition waste recycling services.
o BULKY GOODS PICKUP. Each Permittee shall provide, at a
minimum, four (4) free curbside collections of bulky goods per
customer, per year, on days of the month selected by the City
Manager, for single family residences and at designated
locations within multi -family residences. There would be no
size or weight restrictions except that the Permittee will not
be required to remove automobile bodies, materials brought in
from other areas or any other items that may not be safely
handled by two persons.
o HOLIDAY TREE RECYCLING. Each Permittee will collect,
transport and recycle all Holiday trees which are placed at
the curb, from all single family residences within the City
during the period beginning on the first Monday following
Christmas and ending on the third Monday in January. In
addition, special collection containers will be placed at
several locations throughout the community to facilitate
multi -family residences that do not have curbside collection
services.
o WASTE MOTOR OIL COLLECTION. The Permittee, at the PermitteeIs
sole expense, will collect limited quantities of used motor
oil containers that have been placed in a resealable plastic
container and is clearly identified as used and/or waste motor
oil at the curb on the same day of the week as usual refuse
collection.
o BACKYARD COMPOSTING PROGRAM. Each Permittee will institute,
at no expense to the City, a voluntary backyard yardwaste
program for residential customers. The first 100 single-
family residences that register with receive a free composting
bin appropriate for the controlled biologically decomposition
of organic materials (e.g., yardwastes). In addition, each
Permittee, at their sole expense, will provide all necessary
technical assistance and educational materials to advise
participants on proper composting techniques and answer any
questions or problems relating to the program.
o DISABLED INDIVIDUALS AND SENIOR CITIZENS DISCOUNT. Each
Permittee, pursuant to the Agreement, will offer a 15 percent
discount on services rendered to senior citizens. In
addition, each Permittee will provide, at no additional
charge, manual carry -out collection services to single family
residential customers that are not able to place their
containers at the curb due to physical disabilities.
o INDEMNIFICATION. Each Permittee will protect, defend (with
counsel approved by City) anti 1ndemnif1j �ba 1111{-v -_z--s_-{ a=1
fines ov 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 Permittees' proportional share of
the waste stream collected under this Agreement. In addition,
the Permittee will defend, protect and hold harmless the City,
its officers, employees, agents, assigns and any successor or
successors to the City's interest from and against all claims,
actual damages (including but not limited to special and
consequential damages), natural resources damage, punitive
damages, injuries, and costs resulting from the disposal of
hazardous materials and/or substances at any place where the
Permittee stores or disposes of municipal solid waste pursuant
to this Agreement.
o CUSTOMER SATISFACTION, PERFORMANCE AND EQUIPMENT STANDARDS.
Throughout the term of this Agreement, the City may hold
annual hearings to review the Permittee's performance and
quality of services. If any deficiencies exist, the City may
direct the Permittee to correct the inadequacies or face
possible damages or termination of their Agreement.
o AB 939 ADMINISTRATIVE FEE.
In order to offset the City's expenses in administering this
Agreement and to compensate City for the costs associated with
compliance to the California Integrated Waste Management Act
of 1989 (AB 939) the City may assess an AB 939 Administrative
Fee.
o PERMIT FEES.
Each Permittee must, within thirty (30) days after execution
of the Agreement, remit to City a non-refundable application
fee not to exceed Ten Thousand Dollars ($10,000.00). In
addition, the Permittee must pay an annual permit fee of One
Thousand Dollars ($1,000.00). Revenues received from these
fees would be used to offset the direct and indirect costs of
solid waste collection and disposal services upon the City.
Perhaps the most significant difference between the existing permit system
and the proposed system is that the Permittee will be contractually obligated
to the City to perform. Any failure of the Permittee to provide services
pursuant to the Agreement or perform its obligations accordingly, including,
but not limited to: the resolution of customer complaints; the provision of
reports and adverse information affecting the Permittee's status with the
City; and any other violations of the Permit, could result in the imposition
of liquidated damages and/or the possible termination of their permit rights.
PREPARED BY:
r L. Bu zlaf
Assist to the it anager
PP96t"mi6u aro _ sa-05a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND
DISPOSAL OF SOLID WASTE.
A. RECITALS
(i) The City Council has heretofore adopted Ordinance 2
(1990) which establishes standards for the collection and disposal
of refuse, trash, rubbish and other forms of solid waste; and
(ii) Section 4 of this Ordinance- provides that the City
Council may from time to time issue permits to those parties
meeting the criteria set forth by this Ordinance and such standards
as may be established by the City Council regarding the collection
of refuse, rubbish and other forms of solid waste; and
(iii) The City Council finds and declares that the regulation
of all solid waste contractors providing services within the City
is necessary and appropriate in that;
(a) The California Integrated Waste Management Act of 1989
(AB 939) requires the City to divert, through a combination of
source reduction, recycling, and composting programs, 25% of
its solid wastes from landfill disposal by 1995, and 50* by
the year 2000; and
(b) Uniformity in the type and frequency of collection
services, means of collection and transportation provided,
type of equipment used, and the nature, location, and extent
of providing solid waste collection, recycling, composting and
disposal services in residential, commercial, construction and
industrial areas within the City of Diamond Bar is vital for
compliance with the statutory requirements set forth by this
legislation; and
(c) Information from waste haulers regarding the amount of
solid wastes collected and disposed of, as well as, the amount
and type of materials diverted from landfill is crucial for
the City to achieve compliance with State mandated waste
diversion goals; and
(d) The unregulated collection and disposal of solid waste
presents a higher risk and attendant liability to the City and
creates the potential for divergent reporting practices,
inconsistent service levels, and a lack of accountability
amongst solid waste contractors.
(iv) The City Council has determined that no person shall
engage in the business of collecting, removing or disposing of any
refuse, trash, rubbish, green wastes, recyclable materials or other
solid waste including hazardous wastes or infectious medical waste,
within the City from any residential or commercial premises, nor
transport the same over any public street or right-of-way, unless
a permit to do so has first been obtained from the City Council,
and so long as any such permits remain in force, the collection of
material provided for herein may be made only in accordance with
the terms and conditions of this Ordinance and any other regulation
which have been adopted pursuant to that OrdinsmmAi --I
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. That the above recitations are true.
2. That the public health, safety and well-being of the
community require that permits be granted to qualified
solid waste contractors meeting the criteria set forth by
Ordinance 2-90 and such standards as may be established,
from time to time, by the City Council regarding the
collection of refuse, rubbish and other forms of solid
waste from residential, commercial, construction and
industrial areas within the City of Diamond Bar
3. That a permit system for the collection, transportation,
recycling, composting and disposal of solid waste,
recyclables and compostables materials generated within
the City limits will be implemented through issuance of
individual agreements with qualified solid waste
contractors as set forth in Exhibit "A" and attached
hereto.
4. The City Clerk shall certify the adoption of this
resolution.
PASSED, APPROVED AND ADOPTED this 15 day of December, 1992.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do
hereby certify that the foregoing Resolution was passed,
approved and adopted at the regular meeting of the City
Council of the City of Diamond Bar held on _ day of
, 1992, by the following vote:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
ABSTAINED:
COUNCILMEMBERS
ATTEST:
Lynda Burgess, City Clerk
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: December 15, 1992 REPORT DATE: December 11, 1992
FROM: Terrence L. Belanger, City Manager
TITLE: Municipal Solid Waste Collection, Disposal and Recycling System
SUMMARY:
On December 1, 1992, the City Council terminated all negotiations with Western Waste Industries for the
provisions of solid waste collection, disposal and recycling services within the incorporated City boundaries
and directed staff to prepare, for the Council's consideration, a non-exclusive contract that could be granted
to any qualified solid waste contractor meeting the requirements and standards set forth by the City.
RECOMMENDATION:
It is recommended that the City Council approve Resolution 90-95A, which amends and reforms the existing
permit system for the collection and disposal of solid waste, and direct staff to issue notice to all permitted
waste haulers and other interested parties of the City's intent to issue individual agreements, commencing
January 1, 1993, for the collection, transportation, recycling, composting, and disposal of solid waste,
recyclables, and compostable materials generated within the City.
LIST OF ATTACHMENTS:_X Staff Report
X 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:
1�7:V%IAITJabi
Terrence L. Belanger
City Manager
Tr Butzlaff
Assis o the ty M ger
X Yes _ No
_ YesNo
X Yes , No
_ Yes X No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 15, 1992
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Municipal Solid Waste Collection, Disposal and Recycling
System
ISSUE STATEMENT:
On December 1, 1992, the City Council terminated all negotiations with
Western Waste Industries for the provision of solid waste collection,
disposal and recycling services within the incorporated City boundaries and
directed staff to prepare, for the Council's consideration, a non-exclusive
contract that could be granted to any qualified solid waste contractor
meeting the requirements and standards set forth by the City.
RECOMMENDATION:
It is recommended that the City Council approve Resolution 90-95A, which
amends and reforms the existing permit system for the collection and disposal
of solid waste, and direct staff to issue notice to all permitted waste
haulers and other interested parties of the City's intent to issue individual
agreements commencing January 1, 1993, for the collection, transportation,
recycling, composting, and disposal of solid waste, recyclables, and
compostable materials generated within the City.
BACKGROUND:
As has been previously stated, the City Council has wide latitude, under
state law, to contract for solid waste collection services. 'Pursuant to
Government Code Section 66757 (b), the City Council has the authority to
issue multiple contracts or permits for the collection and disposal of
residential, commercial, and industrial wastes. This authority is also
reflected in Section 3, of Ordinance 2 (1990) heretofore adopted by the City
of Diamond Bar. This Ordinance authorizes the City Council "to issue permits
for the collection and disposal of refuse, trash, rubbish and other forms of
solid waste..." Furthermore, in accordance with the Health and Safety Code,
the City Council may, by ordinance or resolution, prescribe the terms and
conditions of any contract and/or permit for the collection and disposal of
solid waste (Section 4250). These terms may regulate the nature, location
and extent of the services provided, including, but not limited to, the
.frequency of collection, the means of collection and transportation, level of
services, charges and fees, nature, location, and extent of providing solid
waste handling services (Government Code Section 66757).
The City has heretofore adopted Resolution 90-95 establishing a permit system
for the collection and disposal of solid waste generated within the City.
This system, which is structured like a business licensing system, requires
any solid waste contractor wishing to providing solid waste collection and
disposal services within the City's jurisdictional boundaries to first obtain
a permit from the City Council authorizing them to provide such services. In
addition, the permit system allows the City to regulate the number of waste
haulers providing service to the City and establish uniformed standards for
service, equipment, reporting, and the collection of recyclables.
The Council Subcommittee has determined that the issuance of multiple
agreements, through a modified permit system, is a viable alternative to an
exclusive franchise in that it promotes competition while ensuring regulatory
compliance with State and local laws. As is the case with an exclusive
franchise, any solid waste contractor (hereinafter referred as "Permittee")
that enters into an agreement under the proposed permit system would be
obligated to comply .with the City's requirements as set forth by both
Ordinance 2 (1990) and the agreement itself. Some of the principal features
incorporated into the proposed agreement are significantly different from the
existing permit system. These features include, but are not limited to:
o CITYWIDE RECYCLING SERVICES. The Permittee will institute a
comprehensive recycling program consisting of curbside
recycling services for single-family residences; technical
assistance, on-site waste audits, and recycling services to
commercial subscribers and multi -family residences; and
construction and demolition waste recycling services.
o BULKY GOODS PICKUP. Each Permittee shall provide, at a
minimum, four (4) free curbside collections of bulky goods per
customer, per year, on days of the month selected by the City
Manager, for single family residences and at designated
locations within multi -family residences. There would be no
size or weight restrictions except that the Permittee will not
be required to remove automobile bodies, materials brought in
from other areas or any other items that may not be safely
handled by two persons.
o HOLIDAY TREE RECYCLING. Each Permittee will collect,
transport and recycle all Holiday trees which are placed at
the curb, from all single family residences within the City
during the period beginning on the first Monday following
Christmas and ending on the third Monday in January. In
addition, special collection containers will be placed at
several locations throughout the community to facilitate
multi -family residences that do not have curbside collection
services.
o WASTE MOTOR OIL COLLECTION. The Permittee, at the Permittee's
sole expense, will collect limited quantities of used motor
oil containers that have been placed in a resealable plastic
container and is clearly identified as used and/or waste motor
oil at the curb on the same day of the week as usual refuse
collection.
o BACKYARD COMPOSTING PROGRAM. Each Permittee will institute,
at no expense to the City, a voluntary backyard yardwaste
program for residential customers. The first 100 single-
family residences that register with receive a free composting
bin appropriate for the controlled biologically decomposition
of organic materials (e.g., yardwastes). In addition, each
Permittee, at their sole expense, will provide all necessary
technical assistance and educational materials to advise
participants on proper composting techniques and answer any
questions or problems relating to the program.
o DISABLED INDIVIDUALS AND SENIOR CITIZENS DISCOUNT. Each
Permittee, pursuant to the Agreement, will offer a 15 percent
discount on services rendered to senior citizens. In
addition, each Permittee will provide, at no additional
charge, manual carry -out collection services to single family
residential customers that are not able to place their
containers at the curb due to physical disabilities.
o INDEMNIFICATION. Each Permittee will protect, defend (with
counsel approved by City) and indemnify the City against all
fines or penalties imposed by the California Integrated Waste
Management Board in the event the source reduction and
recycling goals or any other requirement of AB 939 are not met
by City with respect to the Permittees' proportional share of
the waste stream collected under this Agreement. In addition,
the Permittee will defend, protect and hold harmless the City,
its officers, employees, agents, assigns and any successor or
successors to the City's interest from and against all claims,
actual damages (including but not limited to special and
consequential damages), natural resources damage, punitive
damages, injuries, and costs resulting from the disposal of
hazardous materials and/or substances at any place where the
Permittee stores or disposes of municipal solid waste pursuant
to this Agreement.
o CUSTOMER SATISFACTION, PERFORMANCE AND EQUIPMENT STANDARDS.
Throughout the term of this Agreement, the City may hold
annual hearings to review the Permittee's performance and
quality of services. if any deficiencies exist, the City may
direct the Permittee to correct the inadequacies or face
possible damages or termination of their Agreement.
o AB 939 ADMINISTRATIVE FEE.
In order to offset the City's expenses in administering this
Agreement and to compensate City for the costs associated with
compliance to the California Integrated Waste Management Act
of 1989 (AB 939) the City may assess an AB 939 Administrative
Fee.
o PERMIT FEES.
Each Permittee must, within thirty (30) days after execution
of the Agreement, remit to City a non-refundable application
fee not to exceed Ten Thousand Dollars ($10,000.00). In
addition, the Permittee must pay an annual permit fee of One
Thousand Dollars ($1,000.00). Revenues received from these
fees would be used to offset the direct and indirect costs of
solid waste collection and disposal services upon the City.
Perhaps the most significant difference between the existing permit system
and the proposed system is that the Permittee will be contractually obligated
to the City to perform. Any failure of the Permittee to provide services
pursuant to the Agreement or perform its obligations accordingly, including,
but not limited to: the resolution of customer complaints; the provision of
reports and adverse information affecting the Permittee's status with the
City; and any other violations of the Permit, could result in the imposition
of liquidated damages and/or the possible termination of their permit rights.
PREPARED BY:
r L. Bu zlaf
Assist to the it anager
RESOLUTION NO . 90-95A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND
DISPOSAL OF SOLID WASTE.
A. RECITALS
(i) The City Council has heretofore adopted Ordinance 2
(1990) which establishes standards for the collection and disposal
of refuse, trash, rubbish and other forms of solid waste; and
(ii) Section 4 of this Ordinance- provides that the City
Council may from time to time issue permits to those parties
meeting the criteria set forth by this Ordinance and such standards
as may be established by the City Council regarding the collection
of refuse, rubbish and other forms of solid waste; and
(iii) The City Council finds and declares that the regulation
of all solid waste contractors providing services within the City
is necessary and appropriate in that;
(a) The California Integrated Waste Management Act of 1989
(AB 939) requires the City to divert, through a combination of
source reduction, recycling, and composting programs, 25% of
its solid wastes from landfill disposal by 1995, and 50% by
the year 2000; and
(b) Uniformity in the type and frequency Of collection
services, means of collection and transportation provided,
type of equipment used, and the nature, location, and extent
of providing solid waste collection, recycling, composting and
disposal services in residential, commercial, construction and
industrial areas within the City of Diamond Bar is vital for
compliance with the statutory requirements set forth by this
legislation; and
(c) Information from waste haulers regarding the amount of
solid wastes collected and disposed of, as well as, the amount
and type of materials diverted from landfill is crucial for
the City to achieve compliance with State mandated waste
diversion goals; and
(d) The unregulated collection and disposal of solid waste
presents a higher risk and attendant liability to the City and
creates the potential for divergent reporting practices,
inconsistent service levels, and a lack of accountability
amongst solid waste contractors.
(iv) The City Council has determined that no person shall
engage in the business of collecting, removing or disposing of any
refuse, trash, rubbish, green wastes, recyclable materials or other
solid waste including hazardous wastes or infectious medical waste,
within the City from any residential or commercial premises, nor
transport the same over any public street or right-of-way, unless
a permit to do so has first been obtained from the City Council,
and so long as any such permits remain in force, the collection of
material provided for herein may be made only in accordance with
the terms and conditions of this Ordinance and any other regulation
which have been adopted pursuant to that Ordinance; and
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. That the above recitations are true.
2. That the public health, safety and well-being of the
community require that permits be granted to qualified
solid waste contractors meeting the criteria set forth by
Ordinance 2-90 and such standards as may be established,
from time to time, by the City Council regarding the
collection of refuse, rubbish and other forms of solid
waste from residential, commercial, construction and
industrial areas within the City of Diamond Bar
3. That a permit system for the collection, transportation,
recycling, composting and disposal of solid waste,
recyclables and compostables materials generated within
the City limits will be implemented through issuance of
individual agreements with qualified solid waste
contractors as set forth in Exhibit "All and attached
hereto.
4. The City Clerk shall certify the adoption of this
resolution.
PASSED, APPROVED AND ADOPTED this 15 day of December, 1992.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do
hereby certify that the foregoing Resolution was passed,
approved and adopted at the regular meeting of the City
Council of the City of Diamond Bar held on -day of
, 1992, by the following vote:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
ABSTAINED:
COUNCILMEMBERS
ATTEST:
Lynda Burgess, City Clerk
TABLE OF CONTENTS
SECTION PAGE
SECTION 1. GRANT OF PERMIT FOR COMMERCIAL,
RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND
TEMPORARY BIN SERVICES ............................ 2
SECTION2. DEFINITIONS ...................................... 2
SECTION3. ACCEPTANCE: WAIVER ............................... 5
SECTION 4. PERMIT AREA ....................................... 5
SECTION 5. SERVICES PROVIDED BY PERMITTEE... .... o ............ 5
SECTION 6. AB 939 ADMINISTRATIVE FEE ......................... 9
SECTION 7. PERMIT FEES ....................................... 9
SECTION 8. PERFORMANCE DEPOSIT ............................... 9
SECTION 9. TERM.... .......................................... 10
SECTION 10. PERMIT TRANSFERRABLE: CITY
CONSENT REQUIRED... .... o .......................... 11
SECTION11. PERMIT TRANSFER: FEES ............................ 11
SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION .............. 12
SECTION13. MEDIATION PROCEDURE ............................... 15
SECTION 14. CITY'S ADDITIONAL REMEDIES... ..................... 16
SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY........ 17
SECTION 16. PRIVACY .......................................... 17
SECTION 17. REPORTS AND ADVERSE INFORMATION ................... 18
SECTION 18. PUBLIC INFORMATION AND EDUCATION .................. 20
SECTION 19. ANNUAL REVIEW OF PERFORMANCE AND
QUALITYOF SERVICE ................................ 20
SECTION 20. SYSTEM AND SERVICES REVIEW ........................ 20
SECTION 21. COMPENSATION......................................21
SECTION 22. COLLECTION EQUIPMENT .............................. 23
SECTION 23. PUBLIC ACCESS TO PERMITTEE ........................ 24
SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS........ 25
SECTION 25. OWNERSHIP OF SOLID WASTE.......................... 25
SECTION 26. INDEMNIFICATION AND INSURANCE..................... 26
SECTION 27. PERMITTEE'S BOOKS AND RECORDS:
AUDITS.....................28
.......................
SECTION 28. GENERAL PROVISIONS.. ............. 29
.................
EXHIBIT
A
PERMIT AREA
EXHIBIT
B
SPECIAL WASTES
EXHIBIT
C
RECYCLING PROGRAM
EXHIBIT
D
YARDWASTE PROGRAM
EXHIBIT
E
SCHEDULE OF CHARGES
EXHIBIT
F
PUBLIC INFORMATION AND EDUCATION
EXHIBIT
G
MINIMUM CONTAINER SPECIFICATIONS
EXHIBIT
H
SOURCE REDUCTION AND RECYCLING ELEMENT
INTEGRATION PLAN
AGREEMENT BETWEEN THE CITY OF DIAMOND BAR
AND
FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING
AND DISPOSAL OF SOLID WASTE, RECYCLABLE
AND COMPOSTABLE MATERIAL
This Agreement ("Agreement") is entered into this day of , 1992, by
and between the CITY OF DIAMOND BAR ("City"), a municipal corporation, and
("Permittee"), a California corporation, for the collection, transportation,
recycling, composting and disposal of solid waste, recyclables and compostables.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to
authorize and require local agencies to make adequate provisions for solid waste handling within
their jurisdictions; and
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City Council
of the City of Diamond Bar ("City") has determined that the public health, safety and well-being
require that permits be granted to qualified solid waste contractors for solid waste collection,
recycling, composting and disposal services in residential, commercial, construction and
industrial area within the City of Diamond Bar; and
WHEREAS, the City Council has heretofore adopted Ordinance 2 (1990) which establishes
standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste
and pursuant to Section 4 of said Ordinance, the City Council has determined that the disposal
and/or collection of refuse, trash, rubbish or other solid waste is a service to be performed in
the City in accordance with the provision of this Ordinance; and
WHEREAS, Pursuant to this Ordinance the City Council may from time to time issue permits
to those parties meeting the criteria set forth by this Ordinance and such standards as may be
established by the City Council regarding the collection of refuse, rubbish and other forms of
solid waste, and so long as any such permits remain in force, the collection of material provided
for herein may be made only in accordance with the terms and conditions thereof; and
WiEREAS, City and 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 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(x)(3), and that it is
, not City, which is "arranging for" the collection, transportation and disposal of
municipal solid wastes which may contain hazardous substances; and
WHEREAS, the City Council of the City of Diamond Bar declares its intention to maintain
reasonable rates for the collection, transportation, recycling, composting and disposal of solid
waste, recyclables and compostables generated within the City limits;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. SrBANT OF PERMIT FOR COMMERCIAL RESIDENUAL.
CONSTRU TRIAL AND TEMPDRARY BIN SERVICES.
This Agreement grants a solid waste permit (hereinafter, "Permit") as defined in SECTION 2.,
below, to , pursuant to Ordinance No. 2 (1990) of the City of
Diamond Bar (hereinafter, "Ordinance 2-90") and California Public Resources Code Section
40059(x)(1) for the collection, transportation, recycling, composting, and disposal of solid waste
and construction debris and for providing temporary bin/rolloff services in commercial,
residential, construction, and industrial areas within the City of Diamond Bar. This Permit is
subject to any statutory provision or the terms of any pre-existing solid waste, construction
debris, or temporary bin/rolloff service licenses, permits, or Resolutions previously granted by
the County of Los Angeles or the City of Diamond Bar. In the event that state or federal laws
or regulations or judicial findings enacted after this Permit has been executed, prevent or
preclude compliance with one or more provisions of this Permit, such provisions of the Permit
shall be modified or suspended as may be necessary to comply with such state or federal laws
or regulations or judicial findings.
SECTION 2. DEFINITIONS.
Whenever any term used in this Agreement 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 Agreement.
A. "AB 939" means the California Integrated Waste Management Act of 1989, as it may be
amended from time to time, and as' implemented by the regulations of the California Integrated
Waste Management Board.
B. "AB 939 Administrative Fee" means the fee or assessment set by the City which is intended
to offset the City's expenses in administering this Agreement and to compensate City for the
costs associated with compliance to the California Integrated Waste Management Act of 1989
(AB 939). Any fee or assessment imposed under this Agreement, shall be those which the City
Council may from time to time hereafter approve by resolution.
C. "Bins" means dim containers provided by Permittee 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
2
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 subscriber to solid waste collection, disposal and recycling
services which occupies any commercial, industrial, certain multi -family residences, any mobile
home park, any hotel or motel, or any building in which a combination of residential and
commercial and/or industrial uses 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. "Garbage" or "Solid Waste" 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 normally resulting
from domestic, institutional, commercial, industrial, agricultural, and other community activities,
including, but not by way of limitation, used nonrecyclable food containers, and other waste
likely to attract flies or rodents, but excluding materials set out for Recycling, Composting,
and/or any Hazardous Waste.
K. "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 glSQ„ or the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. ss 9601 gl
scQ,, 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.
L. "Industrial Waste" means all solid waste and semi-solid waste which results from industrial
processes and manufacturing operations.
M. "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 Agreement, for the collection of solid waste and recyclables.
N. "Municipal Solid Waste" means all Solid Waste generated within the City which is designated
for collection under this Agreement.
O. "Permit" means the written authority by City and evidenced by this Agreement granting a
Qualified refuse collector the right and privilege to: (1) arrange for the collection of, and to
collect refuse, rubbish and other forms of solid waste, (2) transport to landfill or other licensed
disposal facilities as determined by Permittee unless otherwise specified by City, and (3) recycle
from collected refuse, compostables and recyclables, all solid waste, green waste and recyclables
kept, generated and/or accumulated within the City.
P. "Permitter" means , the entity authorized by the City Council to
collect refuse within the City pursuant to Ordinance 2-90 and the terms and conditions imposed
upon the Permittee by this Agreement.
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 Permittee pursuant to this
Agreement.
S. "Recycling Container" means a container of a size, design, and weight prescribed by the City
Council by Resolution and delivered to residences covered by this Agreement, 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 a container of a size, design, and weight
prescribed by the City Council and utilized by single-family residences or certain multi -family
units. The term "Residential Solid Waste containers" does not include Bins 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 or in some situations a multi -family dwelling used for living purpose.
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.
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Y. "Special Wastes" shall mean all the items and materials which are set forth in Exhibit "B,"
"Special Waste".
X09 m
Permittee 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 Agreement. Permittee waives Permittee's
right to challenge the terms of this Agreement 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 Agreement. Permittee 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. Permit Area Defined. The Permit Area granted by this Agreement shall be all
residential, commercial, industrial, and construction premises as set forth in Exhibit "A".
As provided below, the Permit Area may be changed by annexation.
B. Annexation Covered by Existing 6=mens. 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 Permittee 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 Agreement:
A. General. Permittee shall provide Refuse, Compostables and Recyclables collection,
transportation, disposal, recycling and marketing services within the Permit Area in
accordance with the terms of this Agreement and Ordinance 2-90.
(1) Weekly Service. Once each week Permittee 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 Permit Area and placed at curbside
prior to Permittee'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. Permittee may negotiate
special pickup procedures with customers for special wastes at an additional fee.
The Permittee shall file and maintain a schedule of charges for the collection of
special wastes with the Office of the City Clerk.
(a) Upon request, Permittee shall, at a minimum, provide a 100 -gallon container
or suitable alternative, as approved by the City Manager, for the collection
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of refuse from Single Family Residences within the City. Any container
provided by Permittee, pursuant to this Section, shall be at the Permittee's
expense and shall meet the specifications for containers as set forth in Exhibit
"G" herein. If any customer requests an additional container or containers,
Permittee shall provide the additional container or containers and may charge
an additional monthly fee, according to the Schedule of Charges as set forth
in Exhibit "E." Containers that are stolen and/or damaged will be reasonably
replaced by Permittee, at Permittee's sole expense, upon request of the
customer. If a repetitive pattern of loss or damage exists, the Permittee may,
with the approval of the City Manager, charge the customer for a replacement
container. The Permittee shall replace all containers damaged due to normal
wear and tear within one (1) week after notification. Nothing in this Section
shall prohibit a Single Family Residential Subscriber from utilizing their own
container providing that the container does not exceed the specifications for
containers as set forth in Ordinance 2-90.
(2) Hours of Collection, Permittee 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 6:30 a.m. or continue after
6 p.m., Monday through Friday unless otherwise provided for in Ordinance 2-90.
(3) Collection Schedules Permittee shall provide a copy of pick-up times, dates of
collection and a map of all routes upon the effective date of this Agreement.
C. Commercial Industrial and Multi -Family Residences.
Permittee shall collect and remove all solid waste that have been placed in bins, from all
commercial, industrial, and multi -family residences with 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. Permittee 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 Permittee, at Permittees' sole expense, upon
request of the customer. If a repetitive pattern of loss or damage exists, the Permittee
may, with the approval of the City Manager, charge the customer for a replacement bin.
The Permittee shall replace all bins damaged due to normal wear and tear within one (1)
week after notification.
(1) Multi-Familyweekly S_ 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, Permittee shall collect and remove solid waste (including bulky items which have
been placed in a closed bin) which has been placed for collection in solid waste bin.
(2) Commercial and Industrial Neely 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, Permittee 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 -,Permittee agrees that, in order to protect the peace and quiet
D
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 Permittee shall provide a copy of pick-up times, dates of
collection and a map of all routes upon the effective date of this Agreement.
D. Construction and Terawmry Bin/Rolloff Services, Permittee shall provide
construction and temporary bin/rolloff services in accordance to the Schedule of
Charges as set forth in Exhibit "E."
E. Collection on Holidays. If the day of collection on any given route falls on a
Holiday observed by the City or lawful disposal site to which refuse collected
within the Permit Area is taken for disposal, or recycling facility to which
recyclables are taken, Permittee 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 Permittee shall provide recycling services in the Permit
Area in accordance with the terms set forth in Exhibit "C", and according to the
Schedule of Charges as set forth in Exhibit "E. "
G. Used Motor Oil. Permittee, at Permittees' sole expense, shall collect up to four
(4) quarts of uncontaminated waste motor oil per single-family residences per
month. Waste motor oil must shall be placed at the curb on the same day of the
week as usual refuse collection in a resealable plastic container and be clearly
identified as used and/or waste motor oil. Permittee shall collect used motor oil
in containers that have been placed at curbside at no additional charge to service
recipients. Permittee shall exercise all reasonable care and diligence in collecting
waste motor oil so as to prevent spillage and shall, at Permittees' sole expense,
clean-up any such spillage within four (4) hours of notification by City.
H. Yard Waste Collection_ The Permittee shall provide yard waste collection
services in the Permit Area in accordance with the terms set forth in Exhibit "D",
and the rates set forth in Exhibit "E."
I. Holiday Tree ReeWiJIg: Permittee shall collect, transport and recycle as mulch
all Holiday trees which are placed at the curbside, from their 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. Permittee may, but is not required to, provide such collection,
transportation and disposal services for Special Wastes as set forth in Exhibit "B".
Permittee may provide such service for Special Wastes if contracted to do so by
VA
customers under separate written contracts negotiated between Permittee and the
customer generating such Special Wastes. The Permittee shall file and maintain
a schedule of charges for special waste services with the Office of the City Clerk.
K. DAWGQW bd -T Tn permittee, at Permittees' sole expense, shall provide, at
a minimum, four (4) free curbside collections of bulky goods per customer, per
year, on days of the month selected by the City Manager, for single family
residences and at designated locations within multi -family residences. There shall
be no size or weight restrictions except that Permittee 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 Permittee may not be landfilled or disposed of until the following hierarchy
has been followed by Permittee:
1. Reuse as is (if energy efficient)
2. Disassemble for reuse or Recycling
3. Recycle
4. Disposal.
Permittee shall use whatever equipment is necessary for collection providing that
a compaction mechanism is not used to compact the bulky goods.
L. City Facilities, Permittee, at City's sole option, may provide refuse collection and
recycling services to the following locations within the Permit 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
(d) Any organization, as approved by the City Manager, with non-profit status
(i.e., YMCA)
M. Pickaw of 111millPick- D=2W Bulky Goode Permittee agrees, at no additional
charge, to provide on -demand pick-up of illegally -dumped bulky goods within two
(2) calendar days of City's request. Permittee shall provide this service according
to a rotational schedule established by the City Manager.
N. Clean uD of Waste Enclosures or Overflowing Bins. Permittee shall exercise all
reasonable care and diligence in collecting solid waste, and shall, at Permittees'
sole expense, clean out all overflowing bins or waste enclosures within twenty-
four (24) hours of notification by City. If the situation dictates and with the
approval of the City Manager, the Permittee may charge the customer for the
actual costs of clean up.
O. Disaster E=redness Con ;nerc Permittee shall, at no additional charge,
provide at a minimum one (1) container of a size, design and weight as approved
by the City Manager which is suitable to store all necessary supplies and
equipment that may be needed in the event of a disaster to the City and all public
schools within Permit Area. The location and number of additional containers
0
shall be determined by the City Manager and provided by Permittee based on
their proportional ratio of Residential Subscribers as determined by the City
Manager on the effective date of this Agreement and as reviewed and set by the
City each year thereafter.
P. Special Collection Services for the Disabled permittee 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. Permittee
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, Permittee shall retain the right to negotiate with such
resident at an additional charge.
Q. Senior Citizen Discount Permittee shall offer a Fifteen percent (15%) 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 all services provided by Permittee.
Pursuant to California Public Resources Code Section 41902, the City may directly assess a fee
or may, by agreement, arrange for the fee to be collected by the Permittee under this
Agreement. Permittee agrees to pay or collect, as the case may be, an AB 939 Administrative
Fee as may be established by separate resolution of the City Council and from time to time
amended hereafter. Any fee established pursuant to this Section shall be payable by Permittee
to City 30 days after the close of each quarter of Permittees' fiscal year.
RM" V • +N 0 0 0 9 TOr,
A. A2lication Fee. The Permittee shall, within thirty (30) days after execution of this
Agreement, remit to City for its reasonable costs of granting a Permit, a non-refundable
application fee not to exceed Ten Thousand Dollars ($10,000.00).
B. Annual Permit Fee. The Permittee shall remit to City, on or before the effective date
Of this Agreement, an annual permit fee of One Thousand Dollars ($1,000.00) or such
fee as determined by the City Council from time to time hereafter. The permit fee
required by this Section shall be in addition to any other license, permit, or agreement
previously granted by the County of Los Angeles or the City of Diamond Bar.
A. Compliance. Contemporaneously with the execution of this Agreement the
Permittee shall furnish a Compliance Bond in the sum _of One Million Dollars
($1,000,000.00). Said bond shall be secured from a surety company satisfactory to the
City and on terms acceptable to the City Attorney. This bond shall be issued for a
period of not less than one (1) year and shall renewed and filed with the Office of the
0
City Clerk at least thirty (60) days prior to the termination date of the bond then in
effect.
The Compliance Bond shall serve as security that the Permittee has faithfully and fully
Performed its obligations under this Agreement and shall serve to indemnify the City
against any loss resulting from any failure of performance by the Permittee.
Failure of the Permittee to furnish and maintain said Compliance Bond shall be
considered a material breach of this Agreement and grounds for the immediate
termination of the Permittees' Permit as set forth in Section 12-13 below.
B. Faithful Performance si Concurrent with the execution of this Agreement and
maintained throughout its duration, Permittee shall deposit with the Office of the City
Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an
irrevocable case deposit payable to City, in the amount of Twenty Thousand Dollars
($20,000.00), in the form approved by the City Attorney, guaranteeing Permittee's
faithful performance of the terms of this Agreement.
(1) After thirty (30) days following Permittee's failure to pay the City any amount
owing under this Agreement, the performance deposit may be attached by the
City upon five (5) days prior written notice to the Permittee for purposes
including, but not limited to:
(a) Failure of Permittee to pay the City sums due under the terms of the
Agreement.
(b) Reimbursement of costs borne by the City to correct violations of this
Agreement or any other provision imposed by the City and not corrected
by Permittee, after due notice.
(c) Monetary remedies or damages assessed against Permittee due to breach
of this Agreement .
(2) The Permittee shall deposit a sum of money sufficient to restore the faithful
performance deposit to the original amount within thirty (30) days ager notice
from the City that any amount has been withdrawn from the faithful performance
deposit.
A. Permits issued pursuant to the provisions this Agreement shall expire on December 1st
of the year in which the Permit was granted. Permits may be renewed if the Permittee
submits an application for renewal on a form prescribed by the City. Manager,
accompanied by the fee specified by Resolution of the City Council at least thirty days
prior to expiration of the Permit then in effect. The City Manager shall renew ti:e
Permit if, during the term of the then current permit, the Permittee has faithfully
complied with the terms and conditions this Agreement, the regulations adopted by the
City Manager, and any conditions imposed upon the permit pursuant to Ordinance 2-90.
10
The term of this Permit shall become effective IW1Uy 1. 1, and remain in effect for
twelve months (12) unless earlier terminated for default or by agreement of the Parties
to discontinue operations within the City. Upon commencement of the term hereof, any
previously existing permits between the parties shall have no further force and effect,
except as to any right or obligations which may have accrued to either party under the
terms of said previous permits.
SECTION 10. PERMIT TRANSFERRABLE: CITY CONSENT REQUIRED.
A. This Permit 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 Permittee, either
by act of the Permittee or by operation of law, without the prior written consent of the
City expressed by resolution. Any attempt by Permittee to assign this permit without the
consent of City shall be void.
B. Any attempt by the Permittee to transfer this Permit prior to obtaining City consent shall
be considered a material breach of this Agreement and grounds for the immediate
termination of the Permittees' Permit as set forth in Section 12-13 below.
C. The City shall not unreasonably withhold its consent to a transfer of the Permit granted
by this Agreement. The City may impose conditions of approval on a Permit transfer,
including, but not limited to conditions requiring acceptance of amendments to Ordinance
2-90 and this Agreement, and the payment of a transfer fee to the City.
D. City consent is required for any change in control of Permittee. "Change in control" shall
mean any sale, transfer or acquisition of Permittee. Permittee is a corporation, and any
acquisition of more than twenty-five percent (25 %) of Permittee'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. Any change in control of the
Permittee occurring without prior City approval shall constitute a material breach of this
Agreement.
SECTION 11. PERMIT ANSFER • FEES.
A. Any application for a permit 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
Permittee 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. Any transfer fees assessed by this Section are over and above any fees specified in this
Agreement.
11
sEcnON 12. IMPOSITION OF DA a c OR TERMiNATrnry
A. If the City Manager determines that the Permittee's performance pursuant to this
Agreement has not been in conformity with reasonable industry standards which obtain
in similar cities in Southern California, the provisions of this Agreement, the
requirements of Ordinance 2-90, the requirements of the California Integrated Waste
Management Board, including, but not limited to, requirements for source reduction and
recycling (as to the waste stream subject to this Agreement) 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 Permittee
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 Permittee of such written notice. The City Manager shall review, the
Permittee's response and refer the matter to the City Council or decide the matter and
notify the Permittee of that decision, in writing. A decision or order of the City
Manager shall be final and binding on Permittee if the Permittee fails to file a "Notice
of Appeal" with the City Manager within 30 days of receipt of the City Manager's
decision. Within ten worlang 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 Permittee, 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
Permittee, 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 Permit
should be terminated or liquidated damages imposed upon the Permittee. If, based upon
the record, the City Council determines that the performance of Permittee is in breach
of any material term of this Agreement 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 Permit or impose liquidated damages, as defined
below. The decision of the City Council shall be final and conclusive, subject to referral
of the nester for an administrative hearing pursuant to Section 13, below. Permittee's
Performance under its Permit 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 Permittee to perform its obligations under this
Agreement.
E. The City further reserves the right to terminate Permittee's Permit or impose liquidated
damages in the event of any of the following:
12
(1) If the Permittee practices, or attempts to practice, any fraud or deceit upon the
City.
(2) If the Permittee becomes insolvent, unable or unwilling to pay its debts, or upon
listing of an order for relief in favor of Permittee in a bankruptcy proceeding.
(3) If the Permittee fails to provide or maintain in full force and effect, the workers
compensation, liability and indemnification coverage or performance deposit as
required by the Agreement.
(4) If the Permittee willfully violates any orders or rulings of any regulatory body
having jurisdiction over the Permittee relative to this Agreement, provided that
the Permittee may contest any such orders or rulings by appropriate proceedings
conducted in good faith, in which case no breach of the Agreement shall be
deemed to have occurred.
(5) If the Permittee ceases to provide collection service as required under this
Agreement over all or a substantial portion of its Permit Area for a period of
seven () days or more, for any reason within the control of the Permittee.
(6) If the Permittee willfully fails to make any payments required under the terms of
this Agreement and/or refuses to provide City with required information, reports
and/or test results in a timely manner as provided in this Agreement.
(7) Any other act or omission by the Permittee which materially violates the terms,
conditions or requirements of this Agreement, 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 Permittee cannot reasonably correct or remedy the breach within the time
set forth in such notice, if the Permittee should fail to commence to correct or
remedy such violation within the time set forth in such notice and diligently effect
such correction or remedy thereafter.
F. Tem2g= Default By Permittee. In addition to any other remedies provided in this
Agreement, where Permittee, for any reason, abandons or ceases to perform. collection
and disposal services for a period in excess of five (5) working days, and the City
Manager determines that it is necessary for solid waste collection and disposal to be
temporarily undertaken by City, or other entities engaged by City, City shall:
(1) notify Permittee by Certified Mail that Permittee has failed to perform solid waste
collection and disposal services in accordance to the terms of this Agreement for
a period in excess of five (5) working days, and of City's intent to temporarily
provide such services at Permittee's expense and with the use of Permittee's
equipment;
(2) be entitled to the use of Permittee's equipment during such time as City assumes
Permittee's collection and disposal obligations under this Agreement or assign
entities engaged by the City for such purpose;
13
(3) have access to Permittee's records for the purposes of billing, and shall have the
right to retain or assign all payments and funds received for the period during
which City, or entities engaged by City, provide services; and
(4) charge Permittee for the actual costs of such services as determined by City's
standard accounting practices, and the sum of Seven Hundred and Fifty Dollars
($750.00) for each calendar day during which City, or entities engaged by City,
performs such service.
During any period which City, or entities engaged by City, assumes Permittee's
collection and disposal obligations pursuant to this Section, the liability of City to
Permittee for loss or damage to any of the Permittee's equipment used by the City shall
be that of a bailee for hire, ordinary wear and tear expected.
If Permittee is in temporary default under this Section for a period of more than (14)
calendar days, City shall have the right to terminate this Agreement pursuant to Section
12H below.
(1) The City finds, and the Permittee agrees, that as of the time of the execution of
this Agreement, 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 Permittee of its obligations under this Agreement. 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 Permit,
issued under this Agreement, to individual members of the general public for
whose benefit this Agreement 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 Agreement 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 Dolan ($750.00) per day,
for each calendar day that service is not provided by Permittee in accordance with
this Agreement. The amount of the liquidated damages shall be increased by the
past year's consumer price index for the Los Angeles -Anaheim -Riverside area for
each March 1st during the term hereof and effective July 1st of each year. In
addition, the Council may order the assessment against the performance deposit
required by Section 8A, above, the termination of the Permit, or both.
(3) The City finds, and the Permittee acknowledges and agrees that the
above-described liquidated damages provisions represent a reasonable sum in light
14
of all of the circumstances. Said liquidated damages sums shall be applicable to
each calendar day of delay during which Permittee has been found by the City
Council to be in material default pursuant to this Section. The Permittee 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 Permit granted by
this Agreement, or both.
(1) This Agreement may be terminated by either party, with or without cause, by
providing ninety (90) days written notice to the other party. The termination
shall be effective on the ninety-first (91st) day. .
(2) If the Permittee voluntarily terminates this Agreement, Permittee shall provide the
City and all of its customers within the Permit Area a minimum of sixty (60) days
written notice prior to the effective date of its intent to terminate this Agreement
with the City.
(3) The City may terminate this Agreement pursuant to this Section as a result of the
City's decision to award an exclusive franchise agreement for the collection of
refuse in all or any portion of the City. Permittee waives any right it may have
pursuant to State law or otherwise to a notice of termination period longer than
ninety (90) days and agrees to cease operations in the City within ninety (90) days
of receipt of notice that City has awarded an exclusive franchise agreement.
SECTION 13. MEDIATION PROCEDURE.
A. Any dispute or controversy arising under this 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
Permittee should allege a breach of this Agreement 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 Permittee 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
Permittee consistent with the terms of this Agreement; or (iii) find there has been no
breach. If the mediator finds that there has been no breach, such a decision precludes
15
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 this Agreement.
D. Any failure of the Permittee to comply with the mediator's order shall be deemed a
material breach of the Permit, and may be grounds for termination of this Agreement.
E. The mediator shall commence the hearing within thirty (30) days of selection unless the
parties and the mediator agree otherwise. Any party to the hearing may issue a request
to compel reasonable document production from the other party. Disputes concerning
the scope of document production and enforcement of document requests shall be subject
to agreement by the parties, or if agreement is not reached within twenty (20) days of
that document request, then by disposition by order of the mediator. Any such document
request shall be subject to the proprietary rights and rights of privilege of the parties, and
the mediator shall adopt procedures to protect such rights.
F. Neither party may communicate separately with the mediator after the mediator has been
selected. All subsequent communications between a party and the mediator shall be
simultaneously delivered to the other party. This provision shall not apply to
communications made to schedule a hearing or request a continuance.
G. Until final judgment is entered from the mediator proceeding under the foregoing
provisions and the time for appeal or other post judgment petition has expired, the
imposition or enforcement of any penalties or sanctions provided in this Agreement 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.
Rik" 111 11 :1111 64M DO 61 V V C11 NM a ail UT
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 Permittee for the purpose of collecting, transporting and
disposing of solid waste which Permittee is obligated to collect, transport and dispose of
pursuant to this Agreement, for a period not to exceed six (6) months. In the case of
equipment not owned by Permittee, Permittee shall assign to City, to the extent Permittee
is permitted to do so under the instruments pursuant to which Permittee possesses such
equipment, the right to possess the equipment. If City exercises its rights under this
Section 14, City shall pay to Permittee the reasonable rental value of the equipment so
taken for the period of City's possession thereof;
16
B• The right to license others to perform the services otherwise to be performed by
Permittee 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 Agreement by Permittee, City may
suffer irreparable injury and incalculable damages sufficient to support injunctive relief,
to enforce the provisions of this Agreement and to enjoin the breach thereof.
SECTION-1.5.SFCTION-1.5. P .RFORM nrmn rn_ E ERQF CY
A. Should Permittee, for any reason whatsoever, accept the occurrence or existence of any
of the events or conditions set forth in Section 28 A, "Force Maeure," 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 Agreement 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 Permittee, during the
period of such emergency, to temporarily take possession of any or all equipment and
facilities of Permittee previously used in the collection, transportation and disposal of
refuse, compostables and recyclables under this Agreement, and to use such equipment
and facilities to collect and transport any or all refuse, compostables and recyclables
which Permittee would otherwise be obligated to collect and transport pursuant to this
Agreement. Permittee agrees that in such event it will fully cooperate with City to effect
such a transfer of possession for City's use.
B. Permittee agrees that, in such event, City may take temporary possession of and use all
of said equipment and facilities without paying Permittee 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 permittee
upon receipt of written notice from Permittee to the effect that it is able to resume its
normal responsibilities under this Agreement.
A. Permitft 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 Permittee from preparing, participating in, or assisting in the preparation of
waste characterization studies or waste stream analyses which may be required by AB
939.
17
B. Permittee 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.
•IMWMM • • I c 1.-•r.. 01.
A. Annual R=rtc_. The City may require that within 120 days after the close of
Permittee's fiscal year, the Permittee shall submit a written annual report, in a form
approved by the City, including, but not limited to, the following information:
(1) A summary of the previous year's (or, in the case of the initial report year, the
initial year's) activities including, but not limited to, services begun or
discontinued during the reporting year, and the number of customers for each
class of service;
(2) A report, in a form satisfactory to the City, on the City's progress in meeting and
maintaining its ability to meet its goals under AB 939 as applied to the Permit
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
Permittee;
(4) A list of Permittee'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 Permittee and any subsidiaries unless Permittee is a
public corporation whose annual reports are publicly available.
B. Monthly- agrts Permittee shall submit monthly program reports for the length of the
Permit commencing upon final approval of this Agreement. 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 by disposal facility and
fees paid;
(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;
18
(e) Average market prices for each material sold, and processing charges or
acceptance fees for yardwaste or other applicable materials;
(� Participation rates for each route in terms of set out counts and average
pounds collected per residential subscriber, multi -family residences, or
commercial subscriber;
(g) Description of progress in meeting the implementation schedule, including
the problems encountered and how they were resolved;
(h) Summaries of the number of service complaints by route, including the
date, nature of complaint, and how it was resolved.
C. Ad Hoc R.g Pernuttee shallprovide 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. Permittee shall provide City two copies of all reports, or other
material adversely affecting this Agreement, submitted by Permittee to the EPA, the
California Integrated Waste Management Board or any other Federal or State agency.
Copies shall be submitted to City simultaneously with Permittee's filing of such matters
with said agencies. Permittee'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 Permittee shall submit to City copies of all pleadings, applications,
notifications, communications and documents of any kind, submitted by the
Permittee 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 Permittee's performance of services pursuant to this
Agreement. 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) Permittee 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 Permittee.
(4) A copy of each of Permittee'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 RThe refusal, failure, or neglect of the Permittee to file any of the
reports required, or the inclusion of any materially false or misleading statement or
representation made knowingly by the Permittee in such report shall be deemed a
19
material breach of this Agreement, and shall subject the Permittee to all remedies, legal
or equitable, which are available to the City under this Agreement or otherwise.
SECTION 18 PUBLIC INFORMATION AND EDUCATION
A. Permittee shall design and implement, in conjunction with the City, a public information
and education program as set forth in Exhibit "F. "
VIEW
A. At City's sole option, may hold a public hearing each year at which the Permittee shall
be present and shall participate, to review the Permittee's performance and quality of
service. The reports required by this Agreement 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 this Agreement is found, City may direct Permittee to correct the
inadequacies in accordance with Sections 12 above.
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 each year at
which the Permittee shall be present and shall participate, to review the refuse collection
and recycling system and services. 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, Permittee 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.
20
(3) Any specific plans for provision of such new services by the Permittee, or a
justification indicating why Permittee believes that such services are not feasible
for the Permit Area.
C. Topics for discussion and review at the system and services review hearing shall include,
but shall not be limited to, services provided, feasibility of providing new services,
application of new technologies, customer complaints, rights of privacy, amendments to
this Agreement, developments in the law, new initiatives for meeting or exceeding AB
939's goals and regulatory constraints.
D. City and the Permittee 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 Permittee to provide
such services within a reasonable time, for reasonable rates and compensation.
A' Permi m' Rates. Permittee shall establish their own charges, and changes thereto
pursuant to Section 21B below, for the collection, removal and disposal of refuse from
their Residential Subscribers and/or Commercial Subscribers within the Permit Area.
Permittee shall file and maintain on a quarterly basis with the Office of the City Clerk,
a Schedule of Charges for services provided under this Agreement to Residential and
Commercial Subscribers within the Permit Area. A schedule of charges is incorporated
herein as Exhibit "E. "
(1) Single FamilI R sidentiCollection_ Dict AW and Recy&ling-Services. A
Schedule of Charges for Residential Subscribers is set forth in Exhibit "E".
(2) ' y Residences Bin Collection DiUVI and Reay in
SeM . A Schedule of Charges for each Bin used by Commercial Subscribers
or at Multi -Family Residences is set forth in Exhibit "E." Charges may be based
on the size of the Bin and the frequency of service.
(3) IndlstrJ211H lloff Con ainer A Schedule of Charges for containerized services
is set forth in Exhibit OE".
(4) S2ec'at &M M. Permittee 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 Permittee and each customer
requesting such special service.
(5) Senior Citi—_ -n Discount. Upon request, the Permittee shall offer a Fifteen (15 %)
percent discount to each household in which the head of household is 60 years of
21
age or older. This discount is applicable to all services rendered by Permittee.
(6) Redelivery Fees. Permittee may charge a redelivery fee for bins removed from
commercial and/or industrial subscribers due to nonpayment* and may also
require payment in advance for reinstatement of future service, A Schedule of
Charges for redelivery of bins is set forth in Exhibit "E".
B. Notice of ate Increacps. The Permittee 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.
C. Billing and Payment.
(1) Permittee shall bill all customers for all services rendered, whether regular or
special services. Permittee shall provide itemized bills, distinctly showing
charges for all classifications of services, including but not limited to the charges
for late payment, redelivery fees, charges for additional containers, and other
special services covered under this Agreement. The Permittee shall designate that
portion of a customer's bill attributable to any fees imposed upon by the City
pursuant to this Agreement as a separate item on customers' bills.
(2) City may, at City's sole option, elect to bill Residential Subscribers for refuse
collection and recycling through a parcel charge. Should the City institute a
parcel charge, Permittee 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.
(1) As a matter of information, but without warranty as to effect, enforcement or
continuity, the City has heretofore adopted requirements and standards relating
to the collection of refuse. The City does not warrant property owner compliance
with said standards and regulations, and Permittee assumes the risk thereof and
shall not claim hardship, extra payment, excuse or frustration on account thereof;
except that Permittee and City mutually agree to improve the timeliness of
customer payments and to reduce the number of delinquent accounts through a
program of cooperative abatement.
(2) Permittee may discontinue service and remove bins from commercial subscribers
for nonpayment. Commercial subscribers that have not remitted required
payments within thirty days (30) after the date of billing shall be notified, on
forms approved by the City, that services may be discontinued fifteen days (15)
from the date of notice. If payment is not received, Permittee may discontinue
services and remove all bins. Upon payment of the delinquent fees, Permittee
may charge a redelivery fee, as set forth in Section 21A() above, and resume
collection services on the next regularly scheduled collection day.
22
G. Refunds. Permittee shall refund to each customer, on a pro rata basis, any service
payments made by such customer for service not provided when service is discontinued
by the customer.
H. EWWdO C. The City, at the City's sole option, may conduct an annual reviews of the.
Permittee's charges for collection, transportation, recycling, composting, and disposal
services in commercial, residential, construction, and industrial areas within the City of
Diamond Bar. No sooner than sixty (60) days after the conclusion of a rate review and
after Permittee has been given written notice, the City may regulate rates for those
services required pursuant to this Agreement if the following condition precedents occur:
(a) Charges for solid waste collection and disposal services have increased by
more than twenty-five percent (25 %) over the previous years Schedule of
Charges as set forth in Exhibit "E."
(b) The City Council finds and determines that pursuant to California Public
Resources Code Section 40059(1), the regulation of rates charged pursuant
to this Agreement is in the public interest in that it provides reasonable
protection from excessive charges for services and insures uniformity in
rates.
(c) The City Council, after advice of the City Attorney, determines in its sole
discretion, that it would be legal to regulate rates in the manner described
by this Section.
Permittee shall provide an adequate number of vehicles and equipment for the collection,
disposal and transportation services for which it is responsible under this Agreement.
(1) All vehicles used by Permittee under this Agreement shall be registered with
the Department of Motor Vehicles of the State of California, shall be of size,
weight, nature and type to be minimally intrusive on the community with respect
to noise, emissions, maneuverability, safety, fuel efficiency, and other factors
necessary to minimize the impacts of the Permittees' 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, unless otherwise
approved in writing by City, and shall meet the minimum specifications as set
forth in Exhibit "G." 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) Permittee has agreed to name the specific organization that shall provide all
of the services under this Agreement as " ". 'Phis
name shall be used for all correspondence, billing statements, directory listings,
references, signs, vehicle identification, etc. The words "Owned and Operated
23
by " is authorized
(4) Solid waste collection vehicles shall be washed at least once every seven (7)
calendar days.
(5) " ", 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: "RedLce-R ice -Recycle• It'c
Evervones� ResR=i�" 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: "Prooertv of The City of Diamond Bar "
SECTION 23. PUBLIC ACCESS TO PERMr=.
A. Office Hours. Permittee'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 Permittee shall be available during
office hours for communication with the public at Permittee's principal office. Normal
office hours telephone numbers will either be a local or toll free call. permittee shall
also maintain a local or toll free atter hours telephone number for use during other than
normal business hours. Permittee 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 Permittee. Permittee shall record all
complaints received by mail, by telephone or in person (including date, name,
address of complainant and nature of complaint). Permittee 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 permittee and the Manager's
designee is reached, the complainant may refer the matter to the City Manager
for review.
(2) Permittee 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 Permittee 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. Permittee shall prepare monthly summaries of consumer
24
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 Permittee 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. The City Manager
shall be made aware of the name, position, telephone number of this individual, and in
the event the "government liaison person" is changed for whatever reason, the Permittee
shall notify the City Manager within forty-eight (48) hours of the change. The City
Manager may request that the Permittee change its "government liaison person" at any
time by notifying Permittee in writing, stating the reasons for such request.
SECT ION 24. HE ROLUTION OF DISP 1TR C TSTOMER rO r a TNTS
A. The Permittee shall notify customers of this complaint arbitration procedure at the time
customers apply for service, and subsequently, annually.
B. A customer dissatisfied with Permittee'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 Permittee's response. to the Complaint, or within 45 days of
submitting the complaint to the Permittee, if the Permittee 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 Permittee. If the
Permittee 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 Permittee 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
Agreement 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
(55,000.00). In the event of a decision on a matter awarding five thousand dollars or
more (S3,000.00), Permittee may seek review pursuant to Section 13, above.
(a) Once refuse, compostables and recyclables are placed in containers or bins for
collection or at curbside, ownership shall transfer to Permittee. Subject to Permittee's
duty to meet the source reduction and recycling goals which apply to City, Permittee is
hereby granted the right to retain, recycle, compost, dispose of and otherwise use such
25
refuse, compostables and recyclables, or any part thereof, in any lawful fashion or for
any lawful purpose desired by Permittee.
(b) Subject to the provisions of this Agreement, City, at the City's sole option, shall
have the right to retain any benefit and share with the Permittee 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 Permittee share any profits
resulting from the sale of refuse, recyclables and/or compostables which it collects within
the Permit Area, the City and Permittee may negotiate a rate increase or decrease
accordingly.
(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 Permittee.
(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 Permittee to retain, recycle, compost, process, and dispose of solid waste and
construction debris generated within the Permit Area.
BION 26. INDEMNIFICATION AND INSURANCE
A. Indemnification of City. Permittee 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 Permittee's exercise of its responsibilities under this
Agreement, unless such claim is due to the sole negligence or willful acts of the City,
its officers, employees, agents or contractors, or from the City's grant of a Permit to
Permittee. Subject to the scope of this indemnification and upon demand of the City,
made by and through the City Attorney, the Permittee 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 this Agreement.
B. Tndemni&IWOn Of Permi . The City shall indemnify, defend and hold the Permittee,
its affiliate 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. Hardous Substances Indemnification. Permittee shall indemnify, defend with counsel
approved by City, prottect 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,
26
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
ng or in enforcing this indemnity)
connection with defending against any of the foregoing
of any ldnd whatsoever paid, incurred or suffered by, or asserted against, City or its
officers, employees, agents or Permittees 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
Permittee stores or disposes of municipal solid waste pursuant to this Agreement. The
foregoing indemnity is intended to operation as an agreement pursuant to Section 107(e)
of the Comprehensive Environmental Response, compensation and Liability Act,
"CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section
25364, to insure, protect, hold harmless and indemnify City from liability.
D. AB 939 Indemnification, Permittee 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
Permittees' proportional share of the waste stream collected under this Agreement.
E. Workers' Compensation Insurance.
Permittee shall obtain and maintain in full force and effect throughout the entire term of
this Agreement, 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 Agreement. The policy providing coverage shall be amended to provide that
the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty (30) days' prior written notice by certified mail return receipt
requested has been given to City. The policy shall also be amended to waive all rights
of subrogation against the City, its elected or appointed officials, employees, agents or
Permittees for losses which arise from work performed by the named insured for the
City.
r•i
Permittee shall obtain and maintain in full force and effect throughout the entire term of
this Agreement a Broad Form Comprehensive General Liability (occunam) policy with
a minitsssm 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 $200,000.00per occurrence. Said
insurance shall protect Permittee 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 Agreement, whether such operations be
by Permittee 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:
27
(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 Permittee."
(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 Qom. Contemporaneously with the execution of this Agreement, the
Permittee shall deposit copies of insurance policies or endorsements evidencing the
existence of policies of insurance required pursuant to this Agreement.
H. Modification. The insurance requirements provided herein may be modified or waived
in writing by the City Council upon the request of Permittee, provided the City Council
determines such modification or waiver is in the best interests of City considering all
relevant factors, including the fact that the parent of Permittee may be self-insured up
to a certain acceptable amount.
SECTION 27. PERBLEME'S BOOKS AND RECORDS• AXjpJ'S.
A. Permittee shall maintain all records relating to the services provided hereunder,
includinS. but not limited to, customer lists, billing records, maps, AB 939 compliance
records6 and customer complaints, for the full term of this Agreement, 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 (S) business days advance notice, to inspect all maps, AB
939 compliance records, customer complaints, and other like materials of the Permittee
which reasonably relate to Permittee's compliance with the provisions of this Agreement.
Such records shall be made available to City at Permittee's regular place of business, but
in no event outside the County of Los Angeles.
B. Within 120 days following the end of each of the Permittee's fiscal years that occur
during the term of this Agreement, or any extension thereof, Permittee shall provide to
City an Accountant's Standard Report on Review of Permittee's financial statements for
28
its operations in the City. The review shall cover the Permittee's balance sheet for the
Year then ended and related statements of income, number of accounts, related expenses,
and cash flow. Each review shall be conducted in accordance with standards established
by the American Institute of Certified Public Accountants.
C. Should any examination or audit of Permittee's records reveal an underpayment of any
fee required under this Agreement, 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 Permittee by City. Should an underpayment of more than three
percent (3 %) be discovered, Permittee shall bear the entire cost of the audit and the City
may assess damages and/or levy a penalty upon the Permittee consistent with the terms
of this Agreement.
A. Force Mai =. Permittee shall not be in default under this Agreement in the event that
the collection, transportation and/or disposal services of Permittee 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 Permittee. Other catastrophic events
does not include the financial inability of the Permittee to perform or failure of the
Permittee 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 Permittee. In the event a labor disturbance interrupts
collection, transportation and/or disposal of refuse by Permittee as
thAgreement, City may elect to exercise its rights under Section 15 ofthisA under this
Agreement.
B. Independent Contractor. permittee is an independent contractor and not an officer,
agent, servant or employee of City. Permittee is solely responsible for the acts and
omissions of its officers, agents, employees, grantees and sub
grantees, if in this Agreement shall be construed as creatinga any. Nothing
partnership or joint venture between
City and Permittee. Neither Permittee nor its officers, employees, agents or subgrantees
shall obtain any rights to retirement or other benefits which accrue to City employees.
C. Pavement D = . permittee shall be responsible for any distress, other than normal
wear and tear, to City's driving surfaces (i.e., transverse cracking, alligator cracking,
patchu�, 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
PrOPG11Y. The City Manager or his designee shall- review each incident of asphalt
distress separately with Permittee to verify the full extent of damage to, City's driving
surfaces. Upon verification of damages, Permittee, at Permittee's sole expense, shall
repair or replace, in a manner acceptable to the City, all damaged surfaces.
D. p$ y D maga, Any physical damage caused by the negligent or willful acts or
omissions of employees, grantees or subgrantees of the Permittee to private or public
Property shall be repaired or replaced.
29
E. Right of f Esta. Permittee shall have the right, until receipt of written notice revoking
permission to pass is delivered to Permittee, 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 Agreement.
F. Law to Govern: Venue. The law of the State of California shall govern this Agreement.
In the event of litigation between the parties, venue in state trial courts shall lie
exclusively in the County of Los Angeles. In the event of litigation in a U.S. District
Court, exclusive venue shall lie in the Central District of California.
G. Fees a_n_d Gratuities. Permittee shall not, nor shall it permit any agent, employee or
subgrantees 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 Agreement.
H. Prior Agreements and Amendment. This Agreement 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 Agreement has been enacted, prevent or
preclude compliance with one or more provisions of this Agreement, such provisions of
this Agreement shall be modified or suspended as may be necessary to comply with such
state or federal laws or regulations. No other amendment of this Agreement shall be
valid unless in writing duly executed by the parties.
I. Compliance with Laws. permittee shall comply with all applicable laws, regulations and
orders, including, but not limited to those provisions of the City Council which are
applicable, and with any and all amendments to such applicable provisions during the
term of this Agreement.
J. Notices, All notices required or Permitted to be given under this Agreement shall be in
writing and shall be personally delivered or sent by telecopier or United States certified
mail, postage prepaid, return receipt requested, addressed as follows:
To City: City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: Terrence L. Belanger, City Manager
Telecopier: (714) 861-3117
Copy to: Markman, Arczynski, Hanson, and King
Number One Civic Center Circle
P.O. Box 1059
Brea, California 92622-1059
Attention: Andrew V. Arczynski, City Attorney
Telecopier:
30
To Permittee:
Copy to:
or to such other address as either party may from time to time designate by notice to the
other given in accordance with this Section. Notice shall be deemed effective on the date
Personally served or, if mailed, three (3) business days from the date such notice is
deposited in the United States mail.
K. Savines 2WW anti EWiEM_ If any non -material provision of this Agreement 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 Agreement.
L. lhibits Incorporated. Exhibits "A" through "H" are attached to and incorporated in this
Agreement by reference.
(1) Permittee shall provide its employees, grantees and subgrantees with identification
for all individuals who may make personal contact with residents of the City.
(2) The Permittee shall provide a list of current employees, grantees and subgrantees
to the City upon request. The City may require the Permittee to notify customers
yearly of the form of said identification.
(1) Permittee shall not discriminate against any employee or applicant for employment
because of age, race, religion, creed, color, sea, 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 Permittee shall
take of innative 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.
31
(2) Permittee understands and agrees that if it violates this Non-discrimination provision,
this Agreement may be terminated by the City, as provided for in Section 12, and further
that the Permittee 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.
32
WrrNESS the execution of this Agreement on the day and year written above.
CITY OF DIAMOND BAR
By
Gary G. Miller, Mayor
ATTEST:
By
Lynda Burgess, City Clerk
PERNTUEE
By
By
fTitle)
APPROVED AS TO FORM:
City Attorney
33
..:_Mjy '
�
All portions of the City shown on the map attached as Exhibit A-1.
35
ACKNOWLEDGMENT
STATE OF
ss.
COUNTY OF
On , before me
,personally appeared
the person who executed the within instrument entitled AGREEMENT BETknown to WEEN proved
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
34
EXHIBIT C
RECYCLING PRO RAM
A- Permittee agrees that it will cause at least twenty-five percent (25 %) of the waste stream
generated under this Agreement 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 Agreement, Permittee shall institute a
curbside recycling program for single-family residences. The Permittee shall provide a
container capable of storing a minimum of 36 -gallons of commingled recyclables to be
made available for bi-weekly pickup at the curb. Any container provided pursuant to this
Section shall be at the Permittee's expense and shall meet the specifications for containers
as set forth in Exhibit "G" herein. Containers that are stolen and/or damaged will be
reasonably replaced by Permittee, at Permittees' sole expense, upon request of the
customer. If a repetitive pattern of loss or damage exists, the Permittee may, with the
approval of the City Manager, charge the customer for a replacement container. The
Permittee 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 Agreement, Permittee, at Permittees'
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,
Permittee 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 Permittee, at Permittee's
expense, and shall meet the specifications for containers as set forth in Exhibit "G"
herein. Bins that are stolen and/or damaged will be reasonably replaced by Permittee,
at Permittees' sole expense, upon request of the customer. If a repetitive pattern of loss
or damage exists, the Permittee may, with the approval of the City Manager, charge the
customer for a replacement bin. The Permittee shall replace all bins damaged due to
normal wear and tear within one (1) week after notification.
D. Permittee 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. Permittee 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 Agreement 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 Permittee 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 as Exhibit "H." Permittee will be responsible to implement the
public education and awareness portion of the SRRE as set forth in Exhibit "F". The
37
pll��
9 UP •
i. i I y
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).
0-1
A. Not later than 180 days after the execution of this Agreement, Permittee 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). Permittee, at
Permittee's sole expense, shall provide a composting bin that is constructed from not less
than 15% post -consumer recycled plastic and is of a size, weight, nature and type as
approved by the City Manager as 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, Permittee, at Permittees' 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. Permittee, at Permittees' 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, Permittee 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. Notwithstanding the provisions contained in paragraph "A," of this Exhibit, City may,
at its sole option and upon six (6) months notice, require Permittee to implement a
mandatory curbside yardwaste collection program for single family residences. At such
time as a yardwaste program becomes mandatory within the Permit Area covered by this
Agreement, Permittee shall file with the Office of the City Clerk a Schedule of Charges
for this service. Permittee, at Permittee's sole expense, shall, at a minimum, provide
one (1)100 -gallon container for use in the curbside yardwaste collection program. If any
customer requests an additional container or containers, Permittee shall provide the
additional container or containers and may charge an additional monthly fee pursuant to
the Schedule of Charges as set forth in Exhibit "E. "
(1) City agrees that it will cooperate, participate and consult with Permittee to
develop a curbside yardwaste collection program which is mutually acceptable to
City and Permittee. In the event such a program is implemented during the term
of this Agreement, Permittee 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, Permittee 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 Agreement remains in effect until January 1, 2000,
39
failure of Permittee to achieve these goals shall be deemed a material breach of this
Agreement.
F. Permittee 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 Agreement 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 Permit Area covered by this Agreement, City may at its
sole option and upon three (3) months notice, require Permittee to implement an
automated collection system. City and Permittee will negotiate a reasonable
adjustment in rates. Permittee, at Permittee's sole expense, will provide barrels
equipped for use in the automated collection system. If City elects to require
Permittee to use a fully automated collection system, Permittee shall provide each
Single Family Residence with containers equipped for automated collection. If
any customer requests an additional container or containers, Permittee 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 Permittee in an
effort to develop a new solid waste Material Recovery Facility Site which is
mutually acceptable to City and Permittee. In the event such a jointly selected
site is located during the term of this Agreement, Permittee 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 Agreement, parties agree that they shall renegotiate the Schedule
of Rates as set forth in Exhibit "E".
38
1.
EXHIBIT E
SCHEDULE OF CHARGES
Permittee Billing
Residential Collection, Disposal and Recycling Services:
A. Single Family Residences: $ per month.
B. Special Services per Single Family Residence:
o Senior Discount 15961 off services rendered
2. Commercial/Multi-family Bin Rates (Selected Bins - Monthly Rate)*
2 Cubic Yard
3 Cubic Yard
6 Cubic Yard
Fj
1 x week $
1 x week
$
2 x week
$
3 x week
$
4 x week
$
5 x week
$
6 x week
$
First Bin
1 x week
$
2 x week
$
3 x week
$
4 x week
$
5 x week
$
6 x week
$
3. Recycling Services:
A. Commercial/Multi-family (one 3 cubic yard bin - Monthly Rate)
1 x week $
2 x week $
41
eighty percent (80%) by January 1, 2000. If a shortfall exists, the Permittee
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 as Exhibit "H." Permittee will be
responsible to implement the public education and awareness portion of the SRRE
as set forth in Exhibit T". The failure of Permittee to achieve these goals shall
be deemed a material breach of this Agreement.
D. Permittee 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 Agreement wherein its performance
under this program is set forth in detail.
40
all .110 Hola U-0 MADIUSK1110 "m
A. Public Education and Information Gene
The mission of the public education and information program shall be to create
widespread awareness of diversion activities taking place in the community, as well as
motivate participation in all of the City's recycling and composting programs.
B. Public Education and Information Prom
(1) Not later than 90 days after the execution of this Agreement, Permittee, at
Permittees' sole expense, shall prepare and implement a multilingual public education and
information program consistent with the Public Education Component of 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 Permittee. Publicity must
emphasize all materials to be collected. In addition, the Permittee 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 Permittee, at Permittees' sole expense, shall develop, in conjunction with area
school authorities, curricula that can be used to educate students about source reduction,
recycling, composting, and special waste.
(4) All vehicles, high visibility bins, rolloffs, earthquake/catastrophe preparedness
containers, residential containers, published material (including project letterhead), and
advertising shall use the following logo: "Reduce -Reuse -Recycle: It's Fvervones'
Responsibility." This logo shall be used in all activities so as to identify the City as
sponsor, integrate and unify program activities, attract attention, and send a positive
consistent message to the public to encourage participation.
C. Technical Information Sheet
The Permittee shall prepare a technical information sheet which explains the operation
of the their services, the delivery schedule for bins and containers (where necessary),
43
B. Industrial/Rolloff 40, 10 cubic yard container
(Designated Items - Per Dropoff) $
4. 40 cubic yard Rolloff Container $
5. 10 cubic yard Rolloff/Lowboy Box $
6. Temporary Service Q cubic yard/1 pickup) $
7. Redelivery and Reinstatement Cbarge $
42
ut��f�ul lu • ��!0! ; 1!
Each container provided by the Permittee, pursuant to this Agreement, shall meet the City's
specifications regarding size, weight, nature and type as to be minimally intrusive on the City
with respect to aesthetics, vector control, ease of use and other factors necessary to minimize
the impacts of the collection, disposal, transportation, recycling, and composting of solid waste.
Permittee shall, at a minimum, provide containers that are constructed of rigid, durable, and not
less than 15 % post -consumer recycled plastic material with a minimum five (5) year life
expectancy warranted by the manufacturer. Any deviations from the specifications established
by the City pursuant to this Agreement shall be approved in writing by the City Manager.
45
material preparation, the garbage/fecycling/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 Permittee one (1) week prior to the start of collection.
D. City Letter
The City Manager shall prepare an official City letter which will briefly explain the
program background, the program implementation schedule; and the responsibility of the
participants. This letter shall be printed, at no expense to the City, by the Permittee and
should be distributed in conjunction with the technical information sheet.
E. Waste Evaluations
Not later than 120 days after the execution of this Agreement, Permittee, at Permittees'
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.
I • . . .�. . . .
MIT
Ile on-going public information and education program shall be designed to increase
public participation in waste reduction and recycling throughout the length of the
Agreement. Activities shall be designed to maintain and maximize citizen participation
in the City's programs. The Permittee shall keep the public informed of the program and
encourage participation through at least two (2) promotional mailings or other suitable
publicity, as approved by the City Manager, annually.
G. Evaluation
The Permittee shall, at a minimum, coordinate with the City in developing a evaluation
methodology for determining the effectiveness of the public information and education
campaign. This methodology shall track, at a minimum: the degree to which residential
and commercial customers measurably increase their awareness of waste reduction and
recycling; fluctuation in recycling volumes and participation rate corresponding to the
Permittees' promotional campaign; overall increases in participation and recycling
volumes; and, a discussion of the program's highlights including types of problems and
the meam= taken to resolve the problems and increase efficiency.
44
EXHIBIT H
• 1: W.• , VT-DAtECYCLTiIG ULEUT%T,
Ili
A. Permittee 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 Agreement remains in effect until
January 1, 2000, fifty percent (50%) by January 1, 2000. Permittee 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 Permittee 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.
46
AGENDA ITEM NO. 7.1
NO DOCUMENTATION AVAILABLE
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO_
I
TU`. Terrence L. Belanger, City Manager
MEETING DATE: December 15, 1992 REPORT DATE: December 10, 1992
FROM: Bob Rose, Director of Community Services
TITLE: Water Efficient Landscape Regulations
SUMMARY: California's Model Water Efficient Landscape Ordinance, as required by Assembly Bill 325, will
automatically go into effect January 1, 1993, for all California cities that do not adopt their own local water efficient
landscape ordinance or resolution, or issue findings that no ordinance is necessary. Staff reviewed the state model
ordinance and determined that its provisions are not practical for implementation in the City of Diamond Bar, due to
staff intensive requirements and the lack of City controlled water -monitoring information systems.
As an alternative to the state model ordinance, the East San Gabriel Valley Planning Committee prepared model
regulations which address the needs of the cities in this region.
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 92 -XX and accept the Water
Efficient Landscape Regulations as set forth in Attachment A.
LIST OF ATTACHMENTS:X Staff Report
X Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specifications (on file in City Clerk's Office)
other
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? X Yes No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments: Planning & Engineering
REVIEWED BY:
Terrence L. Belanger
City Manager
Bob Rose
Director of Community Services
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 8, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Water Efficient Landscape Regulations
ISSUE STATEMENT
The State of California, per Assembly Bill 325, requires the City of Diamond
Bar to adopt a water efficient landscape ordinance or resolution by January
1, 1993, or else become subject to the California Model Efficient Landscape
Ordinance adopted pursuant to Section 65596 of the California Government
Code.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 92 -XX and accept
the Water Efficient Landscape Regulations as set forth in Attachment A.
FINANCIAL SUMMARY
All costs incurred by the City with regard to the review and approval of the
landscape documentation package are covered by the existing plan check fee,
which is paid by the permit applicant.
BACKGROUND
Assembly Bill 325 required the State Department of Water Resources to prepare
and adopt a model water efficient landscape ordinance, which was completed in
July 1992. According to state law, cities have until January 1, 1993 to
adopt the state model ordinance, adopt their own local water efficient
landscape ordinance or resolution, or issue findings that no ordinance is
necessary. If no action is taken, the state model ordinance will
automatically go into effect on January 1, 1993.
Staff reviewed the state model ordinance and determined that its provisions
are not practical for implementation in Diamond Bar, due to staff intensive
requirements and lack of City controlled water -monitoring information
systems. The primary objections to the state model ordinance are the
requirements for:
* cities to require and monitor irrigation audits once every five
years for all commercial, professional, industrial, and multi-
family residential property with over 1 acre of landscaping; and,
* the use of overly complicated formulas to establish "water budgets"
for proposed landscape projects.
1
Page Two
Water Efficient Landscape Regulations
December 10, 1992
Staff worked with other members of the East San Gabriel Valley Planning
Committee to develop model water efficient landscape regulations which
address the needs of the cities in this region. The proposed water efficient
landscape regulations for Diamond Bar are based upon the East San Gabriel
Valley model.
DISCUSSION
The proposed Water Efficient Landscape Regulations included herein as Exhibit
A takes into consideration the state model ordinance and where feasible,
retains much of same content. The proposed regulations are consistent with
the state model in that they:
* require all proposed projects with over 2,500 square feet of
landscaping to submit landscape and irrigation plans;
* establish landscape/ irrigation plan criteria which aims to provide
efficient, water -conserving landscapes;
* require the developer to install landscaping and irrigation prior
to the final of permits and to submit certification that
improvements are installed per the approved plans; and,
* establish maintenance provisions for existing landscapes.
The proposed regulations differ from the state model ordinance in that they:
* exempt school play yards, childcare facility play yards, public
parks, and golf courses from its provisions (the state model does
not exempt these facilities);
* simplify the "water budget" formula;
* Limit public education requirements to those recommended under
strategy 2.1.3 of the City of Diamond Bar General Plan.
* delete requirements for five year audits of landscaped areas (one
acre or more);
* establish criteria for approval of landscape and irrigation plans.
In order for landscape and irrigation plans to be approved, plans
must satisfy the point system criteria of the regulations.
* provide for minor deviations of the regulations.
The proposed regulations would not substantially alter the City's current
requirement for and processing of landscape and irrigation plans, since most
projects subject to the regulations receive conditions of approval which
essentially follow the process outlined herein. The proposed regulations
would establish specific criteria for evaluating plans which may be
informative and helpful to developers whom are designing such plans.
2
Page Three
Water Efficient Landscape Regulations
December 10, 1992
The proposed Water Efficient Landscape Regulations are planned to ultimately
be incorporated into the City of Diamond Bar Zoning Code or Development Code.
Prepared By:
Bob Rose
Director of Co=unity Services
RESOLUTION NO. 92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING HATER EFFICIENT LANDSCAPE REGULATIONS.
A. Recitals
(i) The City Council of the City of Diamond Bar hereby finds
that the Water Conservation In Landscaping Act (California
Government Code 65591, et seq.) mandates each city to adopt water
efficient landscape regulations by January 1, 1993, in an effort to
reduce water consumption in landscaping.
(ii) The City of Diamond Bar worked with the East San
Gabriel Valley Planning Committee to develop the Water Efficient
Landscape Regulations (Attachment A).
(iii) The City Council determines that implementation of the
Water Efficient Landscape Regulations will benefit the City by
assuring that available water resources are put to a reasonable and
beneficial use for all residents in the City of Diamond Bar.
B. Resolution
Now therefore, the City Council of the City of Diamond Bar
does hereby find, determine and resolve as follows:
1. In all respects as set forth in Recitals, Part A, of this
resolution.
2. The proposed regulations will not be materially injurious
or detrimental to real property or improvements nor will
the same have a significant adverse impact upon the
environment.
3. Regulations set forth in Attachment A have been reviewed
and considered in accordance with the provisions of the
California Environmental Quality Act of 1970, as amended,
and the Guidelines promulgated thereunder and, further,
finds that it can be seen with certainty that there is no
possibility that the amendments set forth may have a
significant effect on the environment and said amendments
therefore are not subject to the requirements of the
California Environmental Quality Act pursuant to the
provisions of Section 15061 (b) (3) of Division 6 of
Title 14 of the California Code of Regulations.
4. The proposed regulations 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.
5. The City Council of the City of Diamond Bar hereby adopts
the Water Efficient Landscape Regulations set forth in
1992.
Attachment A.
6. The City Clerk shall:
a. Certify the adoption of this Resolution.
b. Forthwith transmit one (1) certified copy of this
Resolution to the California Department of Water
Resources, Water Conservation Office, attention Marsha
Prillwitz, P.O. Box 942836, Sacramento, CA 94236-0001.
PASSED AND APPROVED this day of •
MAYOR
I. LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on day of , 1992 by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED:
COUNCILMEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
A
WATER EFFICIENT LANDSCAPE REGULATIONS
1 Purpose
2 Definitions
3 Applicability
4 Landscaping Documentation Package
5 Elements of Landscape Documentation Package
6 Water Efficient Landscaping Criteria
7 Existing Landscapes
8 Minor Deviations
9 Public Education
"Z%4
These regulations are established in order to provide minimum
standards and guidelines for the design and installation of
landscaping and irrigation systems within specified development
projects. The primary intent is to enhance the visual quality of
the environment through suitable landscape design, planting and
maintenance, and therefore to recognize and encourage water
conservation principles and techniques in landscaping.
SECTION 2 DEFINITIONS
"Community Development Director" means the City of Diamond Bar
Community Development Director or his/her designee.
"Ecological restoration project" means a project where the
site is intentionally altered to establish a defined,
indigenous, historic ecosystem.
"Estimated annual eater use" means the annual estimated water
use of a landscape that is based upon irrigation efficiency,
precipitation rates, and scheduled length of water
applications. This should be expressed in inches of
irrigation water per square foot of landscape area per year.
"Evapotranspiration" means the total water loss from the soil,
including that by direct evaporation and that by transpiration
from the surfaces of plants.
"Hydrozone" means a portion of the landscaped area having
plants with similar water needs that are served by a valve or
set of valves with the same schedule. A hydrozone may be
irrigated or non -irrigated. For example, a naturalized area
planted with native vegetation what will not need supplemental
irrigation once established is a non -irrigated hydrozone.
"Infiltration rate" means the rate of water entry into the
soil expressed as a depth of water per unit of time (inches
per hour).
"Landscaped area" means the entire parcel less the building
footprint, driveway, non-irrigated portions of parking lots,
hardscapes - such as decks and patios other non-porous areas.
Water features are included in the calculation of the
landscaped area. Areas dedicated to edible plants, such as
orchards or vegetable gardens, are not included.
"Mulch" means any material such as leaves, bark, straw,
compost, manure or other materials left loose and applied to
the soil surface to reduce evaporation.
"Overspray" means the water which is delivered beyond the
landscaped area, wetting pavements, walks, structures, or
other non-landscaped areas.
"Rain sensing device" means a system which automatically shuts
off the irrigation system when it rains.
"Recreational area" means areas of active play or recreation
such as sports fields, school yards, picnic grounds, or other
areas with intense foot traffic.
"Rehabilitated landscape" means any relandscaping project that
requires or is a component of a required permit, including a
grading permit, building permit or use permit.
"Runoff" means water which is not absorbed by the soil or
landscape to which it is applied and flows from the area. For
example, runoff may result from water that is applied at too
great a rate (application rate exceeds infiltration rate) or
when there is a severe slope.
"Soil moisture sensing device" means a device that measures
the amount of water in the soil.
"Turf" means a single-bladed grass or sod.
"Water efficient irrigation" means the scheduling and
management of an irrigation system to supply moisture to a
landscape without excess or waste in compliance with the
landscape/ irrigation criteria set forth in these regulations.
"Water efficient landscaping" means a landscape that is
designed and maintained to function in a healthful and
visually pleasing manner in compliance with the
landscape/ irrigation criteria set forth in these regulations.
This generally involves the strategic use of plants which have
minimal water requirements for subsistence, plants native to
hot/dry environments, xeriscape, and hardscape to achieve an
overall landscape concept which is water conserving.
"Wind sensing device" means a device that automatically shut
off the irrigation system during times of heavy wind.
SECTION 3 APPLICABILITY
These regulations shall apply to all new and rehabilitated
landscaping undertaken in conjunction with any public agency or
private development project, which project otherwise requires
grading, building, or use permit, or developer -installed
landscaping in single-family and multi -family projects, provided
that the following shall be exempt:
a. homeowner -provided landscaping
multi -family projects;
b. cemeteries;
C. historical sites registered with
d. ecological restoration projects
permanent irrigation system;
e. public parks;
f. any public land or publicly owned
g. any project with a landscaped area
feet;
h. school play yards;
i. childcare facility playyards; or
j. golf courses.
SECTION 4 LANDSCAPE DOCUMENTATION PACKAGE
at single-family and
the City
that do not require a
facility;
less than 2,500 square
a. A copy of the landscape documentation package conforming
to these regulations and landscape plan check fee as set
forth by the City Council shall be submitted. No permit
shall be issued until the Community Development Director
reviews and approves the landscaped documentation
package.
b. A copy of the approved landscape documentation package
shall be provided to the property owner or site manager
along with the record drawings and any other information
normally forwarded to the property owner or site manager.
C. Each landscape documentation package shall include the
following elements, as described in these regulations:
1. Landscape Design Plan
2. Irrigation Design Plan
3. Certificate of Substantial Completion (To be
submitted after installation of the project.)
4. Such other information as deemed necessary by the
Community Development Director, including, but not
limited to, a grading design plan and/or soil
analysis.
SECTION 5 ELEMENTS OF LANDSCAPE DOCUMENTATION PACKAGE
1. Landscape Design Plan.
A landscape design plan meeting the following requirements
shall be submitted as part of the landscape documentation
package.
a. Plant Selection and Grouping
i. Plants having similar water use shall be
grouped together in distinct hydrozones.
ii. Plants shall be selected appropriately based
upon their adaptability to the climatic,
geological, and topographical conditions of
the site. Protection and preservation of
native species and natural areas is
encouraged. The planting of trees is
encouraged wherever it is consistent with the
other provisions of these regulations.
A list of recommended planting materials shall
be kept on file with the Community Development
Department and made available upon request.
Alternative materials may be used when the
overall landscape plan conforms with the
intent of these regulations.
iv. Fire prevention needs shall be addressed in
areas that are fire prone.
V. Overall, the landscape design plan shall
provide for a water efficient landscape
concept.
b. Water Features
i. Recirculating water shall be used for
decorative water features.
ii. Pool and spa covers are encouraged.
C. Landscape Design Plan Specifications.
The landscape design plan shall be drawn on project base
sheets at a scale that accurately and clearly identifies:
i. Designation of hydrozones and a description of
water usage within said hydrozones (low,
moderate, and high irrigation water
requirements).
ii. Landscape materials, trees, shrubs,
groundcover, turf, and other vegetation.
Planting symbols shall be clearly drawn plants
labeled by botanical name, common name,
container size, spacing, and quantities of
each group of plants indicated.
Property lines and street names.
iv. Streets, driveways, walkways, and other paved
areas.
V. Pools, ponds, water features, fences and
retaining walls.
vi. Existing and proposed buildings and structures
including pad elevations if applicable.
vii. Natural features including but not limited to
rock outcroppings, existing trees, shrubs that
will remain.
viii. Tree staking, plant installation, soil
preparation details, and any other applicable
planting and installation details.
ix. A calculation of the total landscaped area and
percentage of turf area.
X. Designation of recreational areas.
2. Irrigation Design Plan.
An irrigation design plan meeting the following requirements
shall be submitted as part of the Landscape Documentation
Package.
a. Water efficiency.
The irrigation design plan shall provide for a water
efficient irrigation system.
b. Runoff and Overspray.
Soil types and infiltration rate shall be considered when
designing irrigation systems. All irrigation systems
shall be designed to avoid runoff, low head drainage,
overspray, or other similar conditions where water flows
onto adjacent property, non -irrigated areas, walks,
roadways, or structures. Proper irrigation equipment and
schedules, including features such as repeat cycles,
shall be used to closely match application rates to
infiltration rates therefore minimizing runoff.
��
c.
Special attention shall be given to avoid runoff on
slopes and to avoid overspray in planting areas with a
width less than ten feet, and in median strips.
Equipment.
i. Water Meters - Separate landscape water meters
shall be installed for all projects except for
single family homes or any project with a
landscaped area of less than 5,000 square
feet.
ii. Controllers - Automatic control systems shall
be required for all irrigation systems and
must be able to accommodate all aspects of the
design.
valves - Plants which require different
amounts of water shall be irrigated by
separate valves. If one valve is used for a
given area, only plants with similar water use
shall be used in that area. Anti -drain
(check) valves shall be installed in strategic
points to minimize or prevent low -head
drainage.
iv. Sprinkler Heads - Heads and emitters shall
have consistent application rates within each
control valve circuit. Sprinkler heads shall
be selected for proper area coverage,
application rate, operating pressure,
adjustment capability, and ease of
maintenance.
V. Rain Sensing Override Devices - Rain sensing
override devices shall be required on all
irrigation systems.
vi. Soil Moisture Sensing Devices - It is
recommended that soil moisture sensing devices
be considered where appropriate.
Irrigation Design Plan Specifications.
Irrigation systems shall be designed to be consistent
with hydrozones.
The irrigation design plan shall be drawn on project base
sheets. It shall be separate from, but use the same
format as, the landscape design plan. The scale shall be
the same as that used for the landscape design plan
described in Section 5 (1).
The irrigation design plan shall accurately and clearly
identify:
i.
Location and size of separate water meters for
the landscape.
ii.
Location, type, and size of all components of
the irrigation system, including but not
limited to automatic controllers, main and
lateral lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick
couplers, and backflow prevention devices.
Static water pressure at the point of
connection to the public water supply.
iv.
Flow rate (gallons per minute), application
rate (inches per hour), and design operating
pressure (psi) for each station.
V.
Estimated annual water use expressed in inches
per square foot of landscape area per year.
3. Certificate of Substantial Completion.
Prior to the final of building permits, the developer shall
submit a Certificate of Substantial Completion to the City
utilizing forms designated for this purpose.
A Certificate of Substantial Completion shall include results
of a static water test and a water coverage test to determine
the adequacy of the installed irrigation system.
SECTION 6 WATER EFFICIENT LANDSCAPE CRITERIA
Landscape and irrigation plans shall be reviewed for
compliance with the water efficient landscape criteria. These
comprise a point system with points awarded for both landscape
and irrigation techniques.
A minimum of one -hundred points shall be achieved in each
technique category in order for the Department of Community
Development to approve said plans.
Landscape Techniques Points
water conserving plants, and/or plants native 40
to hot/dry summers, utilized in seventy-five (75)
percent of the total plant area of the landscape.
Turf limited to thirty (30) percent of the total 30
landscape area in residential projects; twenty
(20) percent of the total landscape in all other
projects. In no case shall turf make up more
than fifty (50) percent of the total landscape.
Use of creative, thoughtful, and diverse 30
hydrozones to enhance the overall landscape
design, with plants grouped based on the
amount of water needed to sustain them.
Mulch utilized in the landscape (three (3) inches 10
minimum).
Hardscape, or non -irrigated surfaces used in at 10
least ten (10) percent of the total landscape.
Where turf is utilized, the use of a proven 10
water -conserving turf.
Soil amendments to improve water holding 10
capacity of soil incorporated into soil
preparation details.
Irrigation Techniques Points
The total amount of irrigation water applied 40
to all landscape areas does not exceed 42 inches
per square foot of landscape area per year.*
Low-water volume irrigation system.
20
Automatic irrigation system adjusted seasonally 20
and with watering hours between 7:00 p.m. and
10:00 a.m.
Irrigation system designed to water different 20
areas of the landscape based on watering need
(drip/trickle for shrubs, separate valves, etc.).
Sensitive to slope factors.
10
Soil moisture sensors used in conjunction with 10
the automatic irrigation system.
Rain sensors used in conjunction with 10
the automatic irrigation system.
Wind sensors used in conjunction with the 10
automatic irrigation system.
Recommended annual irrigation schedule for 10
informational purposes.
Use of reclaimed or recycled water in accordance 60
with Health and Safety Codes.
* This amount is based upon a formula set forth by the State
Department of Water Resources which states the maximum applied
water budget for landscapes in the San Gabriel Valley region should
be 80 percent of the annual evapotranspiration (53 inches per
year). Therefore: 0.80 x 53 inches = 42 inches.
SECTION 7 EXISTING LANDSCAPES
Water waste resulting from inefficient landscape irrigation leading
to excessive runoff, low head drainage, overspray, and other
similar conditions where water flows onto adjacent property, non-
irrigated areas, walks, roadways or structures is prohibited.
All landscape areas, whether installed pursuant to these
regulations or not, shall be maintained in a healthful and sound
condition. Irrigation systems and their components shall be
maintained in a fully functional manner consistent with the
originally approved design and the provisions of these regulations.
Landscapes shall be maintained -to ensure water efficiency. A
regular maintenance schedule should include but not be limited to
checking, adjusting, and repairing irrigation equipment; resetting
the automatic controller; aerating and dethatching turf areas;
replenishing mulch; fertilizing; pruning; and weeding in all
landscaped areas.
SECTION 8 MINOR DEVIATIONS
A. The Community Development Director, without public hearing,
may grant minor deviations from regulation requirements
limited to the following:
1. Minor modifications to approved landscaping, irrigation
or grading plans which comply with the spirit and intent
of these regulations, including but not limited to
revising or substituting plant varieties, container
sizes, plant locations, irrigation specifications,
hardscape components, berm heights, berm locations, slope
features, and the like; and
2. Modifications of planting, installation and/or soil
preparation details.
3. Final of permits prior to installation of landscaping due
to exceptional and unforeseen circumstances.
B. In granting a minor deviation, the Community Development
Director may impose conditions as deemed necessary to comply
with the spirit and intent of these regulations.
C. The Community Development Director's decision may be appealed
to the Planning Commission in writing. The Commission shall
decide the matter de novo. A public hearing shall not be
required in granting a minor deviation.
SECTION 9 PUBLIC EDUCATION
A. Developers of residential units shall provide information to
prospective buyers of new homes regarding water efficient
landscaping techniques.
B. Developers of non-residential units shall provide information
to prospective buyers or tenants regarding water efficient
landscaping techniques.
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 25, 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
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.
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?
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:
rrl 1r, w r,U IS I
Terrence L. Belanger
City Manager
CITY OF DIAMVlYD BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 15, 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.
SUMMARY: Implementation of the General Plan and the expiration of the Interim Hillside Management
Ordinance [Ordinance No. 14-B(1990)] create the necessity to establish permanent standards for hillside
development. The intent of Zoning Code Amendment No. 92-2 is to revise the existing standards for hillside
development. The Interim Ordinance was drawn from experiences of other hillside communities and has been
utilized by the Diamond Bar development community for two years. The revised format of the proposed
ordinance reflects a desire to improve the community's understanding and use of the provisions contained
therein. Content changes from the Interim Ordinance are in No to identify new material, and sheet to
identify deletions. The Planning Commission concluded its public review of the ordinance on October 26, 1992
and recommends adoption.
RECOMMENDATION: Staff recommends that the City Council approve and adopt by first reading the Hillside
Management Ordinance No. 92 -XX.
LIST OF ATTACHMENTS:_Staff Report
_ Resolution(s)
X Ordinances(s)
_ Agreement(s)
-A-Other
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
EXTERNAL DISTRIBUTION: NOTE: copies of the Draft Ordinance are available for public review at
City Hall.
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
X Yes No
by the City Attorney?
_
2.
Does the report require a majority or 4/5 vote?
MAJORITY
3.
Has environmental impact been assessed?
X Yes_ No
4.
Has the report been reviewed by a Commission?
X Yes No
_
Which Commission? PLANNING COMMISSION
5.
Are other departments affected by the report?
,X Yes No
Report discussed with the following affected departments:
_
Engineering, Building & Safety
REVIEWED BY: ,Q
�J
Terrence L. Belanger
City Manager
"a�m%esDeStefano
Community Develo ment Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 15, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Zoning Code Amendment No. 92-2; Consideration of a Hillside
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
for hillside development. The intent of Zoning Code Amendment
No. 92-2 is to revise the existing standards for hillside
development. The Interim Ordinance was drawn from experiences
of other hillside communities and has been utilized by the
Diamond Bar development community for two years. The revised
format of the proposed ordinance reflects a desire to improve
the community's understanding and use of the provisions
contained therein. The Planning Commission concluded its
public review of the ordinance on October 26, 1992 and
recommends adoption.
RECOMMENDATION: Staff recommends that the City Council approve and adopt
by first reading the Hillside Management Ordinance No. 92 -XX.
BACKGROUND: As a result of the recent adoption of the City's first General
Plan, and the expiration of the City's Interim Hillside
Management Ordinance (Ordinance No. 14-B(1990)], hillside
grading and development standards for properties with slopes
in excess of ten percent have been prepared for Planning
Commission and City Council review. The adopted General Plan
contains several policy statements regarding the development
of hillsides. The current Zoning Ordinance does not contain
adequate policies or standards for application by the Staff,
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
1
future of our hillsides. Several c]Avelepmara4_ pro: w,in
process without the benefit of clear policy guidance from
which to evaluate the proposals.
The Interim Ordinance was drawn from the experience of other
hillside communities and has been utilized by the Diamond Bar
development community for two years. Pursuant to comments
received from the Planning Commission at previous public
hearings, additional staff analysis, a revised ordinance is
attached for consideration. The revised ordinance has been
prepared with the assistance of Mr. Horst Schor acting as a
City consultant for the development of this ordinance. Mr.
Schor is an originator of landform grading and revegetation
concepts. The revised format of the proposed ordinance
reflects a staff desire to improve the development community's
understanding and use of the provisions contained therein.
Content changes from the Interim Ordinance are into
identify new material and strikeeut, to identify cf`eletons.
The final Planning Commission revisions have been incorporated
within the document as represented by typewriter print.
The ordinance contains fairly specific standards and
guidelines, so that there is a consistent procedure to
evaluate each project. The ordinance relies heavily upon
graphics to illustrate its intent.
The intent of the proposed 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, minimized
grading, significant ridgeline protection, and development
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
appearance. Landscaping on the slope surfaces of
conventionally graded projects are typical monotonous.
Landform grading utilizes non-linear alignment, varying slope
gradients with concave and convex shapes. Revegetation is a
technique which mimics natural landscaping patterns. Trees
and shrubs are positioned in valleys where water is
concentrated.
The proposed ordinance has been revised through the
experiences gained over the last two years. Changes to the
Ordinance are not significant and do not detract from the
purpose and intent of the original Interim Hillside Management
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
2
development standards anti +-iia aeAaM2%5%Vt%& AvAtjv'%Vc) �:11 L -
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 BY:
*ffik�t �0
games DeStef ano
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 COUNCIL OF THE CITY
OF DIAMOND BAR ADOPTING A HILLSIDE MANAGEMENT
(GRADING) ORDINANCE AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the
State of California and, on that date, the City Council adopted,
by reference, the Los Angeles County Code as the ordinances of
the City, including Title 22 thereof pertaining to Planning and
Zoning Regulations for the City of Diamond Bar.
(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
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. ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does ordain as follows:
Section 1: In all respects as set forth in Part A,
Recitals, hereinabove.
Section 2: The City Council hereby finds and
determines that the adoption of this Ordinance is categorically
exempt from the requirements of the California Environmental
Quality Act of 1970, as amended, and the Guidelines promulgated
thereunder pursuant to § 15308 of Division 6 of Title 14 of the
California Code of Regulations.
Section 3: 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.
W,
Section 4: The City Council hereby declares that
should any provision, section, paragraph, sentence, or word of
this Ordinance be rendered or declared invalid by any final court
action in any court of competent jurisdiction, or by means of
preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words of this Ordinance shall remain
in full force and effect.
Section 5: 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.
Section 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.
Section 7: 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.
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 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\1011\BMOORD\DB 6.6.1 4
FA
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 26 of October, 1992.
/S/ Bruce Flamenbaus
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
/S/ James DeStefano
Secretary to the Planning
Commission
Q WPS 1UtMLUT11HII.L3WE
EXHIBIT
CITY qF DIAMOND BAR HILLSIDE MANAGEMENT ORDINANCE 06 Ll
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 characteristics
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 abjectives of the General Plan;
d. To ensure that' development in the hillside areas shall be
concentrated in thosg 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, canyons, 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 minimi ze"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
are#s 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 whams: � will create or increase fire, flood,
slide, or other safety hazardo public h4alth, welfare, and safety.
Revised 1012319:
1
Section 3. Permitted uses
The uses the struet r-- Management ordinance
shall be those uses permitted d b the Hillside Mana {
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
developmenti: fto-ns
mit
less the n er e �ii�a a ue o env ronmen a rai and as
determined �t�=swan�
section S. Environmental constraints
The maximum number of residential dwelling units shall be further
red
.,.:'.§ .� y the impact of the following development
constraints, "as a erm ned 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 on appeal:
1. Land areas subject to inundation during a 100 -year storm
2. Lend
areas - whieh have -been -subjeet to wlidfwee
3. Land ares which are above the hillside view line.
4. Land areas which are subject to geologic hazard,
landslide and debris•over flow.
S. Land areas which lie within a federally recognized blue
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.
-7. Land areas which are within 100 feet of a significant
ridgeline or hiking trail.
Revised 1012315
t
8. Land areas containing
historic sitea�
• �) �;il
Section 6. Eteaption i
J
significant archaeologic or
Other provisions of this subsection to the contrary notwithstanding,
lots of record as of the date of adoption of this Ordinance shall be
entitle sa to a ini um ho&e dwe in u i S 1 11 ng uni development
shall be administered in conunct�on v�he praysio�s opieg2 of [he Damond Bar
1hmicipal C e #di ce 5 9 ) Development Review)
c oa Adu n�s 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
inconsistencv exists - tha mn, ,...+.-4 ,.«:.._ _ __._..........
Section 8. 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 --purpose-•for-+he_-
--axist3,ng4hi44side&_&" to- oe age-#mnovat#oaT--
--t the extent_ th-t r-tip-eud-raaultr�.a sae-ash'tai��c�speot�s-tshe--iifi�$•iC�e--
--and-.is-consisteat_.Witl _tJJ&_ goals-as�d-po ins--off-tea-4r �namoeT The
Guidelines shall be used by the Planning C04mission 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 CUP rocess when the
approving -'eney IN"
etermines
that such exceptions are no ma era y n ur cum to UM intent of
the standards and guidelines set forth herein. in granting a"y
In rantin an such exce tion, the i , °.<.:~
>:'IB N�shall set forth appropriate ' n ifngs
ac s supporting its determination.
In
annln Commission >o erm nes a e r"oremen o e prow s ons o is Ordinance, 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. %%a—ee�is®_Jsn may - •--__ t,.
e stander"
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
3 Revised 1012319s
and designed in a manner which will, in the judgment of the
per -Director, 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
property{owners is encouraged in the planning of the road network,
utilities plan and open space program for the area as a whole. The
may rovisionsCit consider variations from the strict application of the
pof this ordinance as maybeneeded 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
The following definitions shall apply to this G00%jsa
CONTOUR - A line drawn on a plan which connects all points of
equal elevation.
and V"064--, -ftew—Mood for
�--� tion of land surface or area from which earth has been
CUTmechan removal of earth material. removed or will be rem
CUT AND riLL - The excavating of earth material in one place and
dep,20sitincl of it as fill in an adiacent place.
�a�arsw�i -
resid-2— Unit rivate roadwa powe accesJr s for Jr-;, les to a park-
Z"ZCTIV> NUL= - Th, a ec via�i aual or � tructture when seen
from a distance *9 from below.
WJMMTION - Height or distance above sea level.
EROSION - The process by which the soil and rock components of the
earth's crust aroe�worn away and removed from one place to another
by natural forCOM such as wind and water.
FILL'- A deposit of earth material placed by artificial means.
FINIM ..ORADN - The final elevation of the ground surface after
grad:Lng op'ent-,- which is in conformity with the approved plan.
OMMINO - To bring an existing surface to a desi*cMjra'
fom by
excavating, filling, or smoothing operations. HZLLSIDN- parcel of land which con es in
excess of 10%.
NKTURAL SLOIS - 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.
RIDON - A long, narrow, conspicuous elevation of land.
ROMMY - A means of access over -private -property to more than one
residential unit.
sLOIS - An inclined ground surface, the inclination of which is
ReWsed 10/23/5
4
,moi �" � ✓ � _ �- 1 � �� '--- -•. r , _',
expressed as a ratio of horizontal distance (run) to vertical
distance (rise), or change in elevation. The percent of any given
slope is etermined by dividing the rise by the run, multiplied by
100. "°''" ' Q
SLOP , `=jn` "' `= A manufactured slope consisting wholly or
partially of.either cut or filled material.
SLOPS TRKNBITION: The area where a slope bank meets the natural
terrain or a level graded area either vertically or horizontally.
PROKININT 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 r. Planning Comissiou or City Council
5 Revised 10123192
fl
Revised 1012319
6
i
000 i
woo
7
eet
Iic
ill
so
Revised 10/23/92
I,
..d.,
J 2.
MSS
xEGv > A
T
:r
)�
i
r7-
The
7
:v
.... :. ,•.F •. • Via'. ..
{:
:•vi
B. Slope Categories
The following are standards for hillside slope categories to ensure
that development will complement the character and topography of
the land. The standards for one category may be applied to limited
portions of the property in an adjacent category when a project is
developed on property in more than one slope category.
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 10123192
9
features, extensive open space or
significant use of green belts.
3. 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.
4. 25 and over This is an excessive slope condition
and development extremely
limited.
Revised 1012.3/9
10
Revised 10123/92
11
Figure 2: Slope ratio percent slope and degree of slope are shown for
some hillsides of varying steepness
s
O
20 I tl I
1a » 1E
I: t 50 ks
W
t.5a 6; ;.
7 tt�
i 1:1 100 d5
MUM ("041ZONtst,)
i
i
12 Revised 10123192
t# Grading - -
? The follgwing 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
decided on a_case-by-case basis under the conditional use process
landffs rgradI.vq slope design standards:- incivdt;r
g
7
When convene shaped natural features, f.s.,, protrvdin4 ridgelines
are CU I resiftal : %? t bol. ; r►,,..
.; at. s1;Thia face, but
rather].
' stiect,
riems; . �Dd raAC0 of a
Revised 10123192
13
ACCEPTABLE
t
i/
'/.1 N N %% 14%
GN
UNACCEPTABLE
_CUT
TRANSMON ZONE
.0---
.0010 /
10I. -I 10/23/92
1•
SINGLE FAMILY GRADING.
CONVENTIONAL GRADING
LANDFORM GRADING
" vsw
Revised 1012319;
,ff
Figure 5
MULTI FAMILY GRADING
CONVENTIONAL GRADING
h1
LANDFORM GRADING
L -,qq
*Nw*w,l4%j
PLAN VIEW
OBUOJE VIEW
16
Revised 10123192
17 Revised 10123/92
Revised 1012319, -
in
- 7-
Standards
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 1�:1) or less.
b. 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.
+' 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
structuue's foundation, vehicle parking space and a yard
area asTshown on the approved grading plan.
41• G" slopes for purposes of--entabliehiny building pads
shall "06 Guess& twenty (20) feet iln heiebt and fill
slepeo shall not emseed eight (6) -feet ift depth Mb
Point on the Otte,
h. Retaining walls associated with lot pads are limited to:
AN #. Upolope (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 10123192
19
Downslope (from the structure) walls not to exceed
E in height.
Where an additional retains por on 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 landscapinq. Terracing shall not
be used as a typical solution within a development.
iii—Retaining wells whisk are an intayeal--part of
he#gM. q%e#r--w# ll be M#Alyated
#. 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.
a.
b. Where possible, graded areas should be designed with
manufactured slopes located on the uphill side of
structures, thereby, hiding the slope behind the
structure.
Revised 10123192
20
THIS
Figura.
NOT THIS
t.at9.r q1 e/1YlaetYred tlepef fheYld
Its located on in* uphill aide of the y.*,• `` `
structure to reduce tits appaarartce 1
of 9ra41e9 from the sena retaining walls may be used Sty«t
' Slope{ fhdYld 111 MAAdod to
•r
provide a stere nawrst appuranee
+� v
Street
Retaining walls are limited to one upslops (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 say be permitted.
(also see Figure 17)
THIS "' -. NOT THIS
�-a
a
117
M {�• r
min
I
Ir nail
S
21
Revised 1012319
3 m. 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.
*.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.
f
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.
Revised 10123/42
22
THIS
rat the ..,ur a, Uey.
- N1. NOT THIS
O..r-en.phesi.ee V*'11C.1
/ .IrV etYr.a el.lupt the natural
silh.r.tte efr the hi l'id.
`~tel f
• Where cut or fill conditions are created, slopes would be
rather than left at a constant angle which may be varied
create an unnatural, rigid, "engineered" a ppearan unstable or
ce.
Varying Ctrl er fill slope creates
a onere natYral appearance
23 Revised 10/23/92
I
. The angle of any graded slope should be gradually adjusted to the
angle of the natural terrain.
Existing development 'reposed development
1
Tract boundary
i
\� Variable
Natural grade ` �.�
proposed slop• extension
Existing drainage device \ This Natural grade
Net this
Combine slope$ to more closely
approaimato natural grade
24
Revised 10/23192
Manufactured slopes adjacent to roadways ohs%-- be -
be�pcreateisually In"
nteres ani"` leasin9
wreewfim6ibes.
THIS
Variety in/
und"lating siege / /
bank Greases
Pleasing
roattsoap
of
25
NOT THIS
Straight
j slope bank
hei9lftens
monotony of teal
way landscape
Revised 10123192
Where a conflict exists between the provisions of this section an,
Chapter 70 of the Uniform Building Code, the drainage, soils and geolog-
provisions of sr.#;shall prevail, unless in the
opinion of the City Engineer, the provisions of this section ftbot mea,
sound engineering standard
. 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 frog
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
LANDFORM
UNACCEPTABLE
CONVENTIONAL
Revised 1012319.
26 _
THIS
toY e
NOT THIS
Segall irregular berm accentuales
the top or the slope
Variety in
;loo• Dan,, --'9'�wrsi>riu
grsdinq •������ ���` Landscaping
er•ates
accentuates Orainage
a .�. ;L
natural oearance ��% f L:�j �,.+ GO^teat undulation
".� features
more resemelinq 4W I' besome
nature �.. I �� very visible
Engineered s1d0• ,
Oanta toes forced !
Drainage ;
features are and unnatural \ \ _ i
oeseur•a \
Us• of rsdli and uneven slopes Use •f angles and umferm slopes
Revised 10123192
27
Building and grading permits shall not be issued for construction on any site
without an approved location for disposal of runoff waters, including but no
limited to such facilities as a drainage channel, public street or alley, of
private drainage easement.
and City Council K
4. The use of cross lot drainage shall be subject to Planning Commission
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:
i
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 b'sand shall be dependent on appropriate hydrologic studies
and access , rements.
THIS
U.. of .441— rest. to
�.4"NN18. �..r.�.
Mw MlN
28
NOT THIS
r)NaN M... elran .
v
�ed 10/23/9.
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
appAars as an integral part of the environment.
—=s.�•��r=tel -�...— �c
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 of. Access
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.
2v Driveway@ shall Rat be permitted WhIGh effSeed Wenty (29)
pereent slope emeept that one 1_enqthy .-.at &45 the 'reint Of
_J TZqZ"V1qr__1Cr__W_epe of
twenty
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 #hadthree (3), three (3)
foot high terraced or stepped rs nieg walls shall be
utilized which are separated by a minimum of three (3) feet
and appropriate landscaping. Slopes no% greater than fifty
(60) pereent (or 2o&:) will be permitted upen review and
approval by the Fire Karsha4-1-r
Revised 1012.3/9:
29
H.
Figure 17'
..........:.......................
MAR
� r ffti.:
CW
3' iron strq�qt
ma:
Su••e
Driveways shall enter public/private streets maintaining
adequate line of sight.
6-0. Local hillside street standards shall be used to minimize
grading and erosion potential while providing adequate access
for vehicles, including emergency vehicles. q%e right of way
may be
_ min'-son
d -- of
48
r feet With
49
•sei -t paved width ni
parking an both s#des and--sidevalk -- -fde
6-7. Grades of streets in the hillside areas shall be as provided
in this subsection. Hillside collector and arterial streets
shall not exceed 8 � percent. Hillside residential local
streets shall not exceed +;" percent.
7 $. Cul-de-sacs to a maximum of 460 feet in length may be
permitted with a maximum of 30 ISO ling units.
mom. #mu:-e�•�i� length Wieh of 20 dwellingunits &Ra she!! terminate with a are ----.d area not- I -on,
teems in
re
i.
34. All other street improvement standards shall conform to the
standard plans and specifications for public streets of the
City of Diamond Bar.
9+0. The Planni commission 'f may approve
modification to the above design standards
provided such modifications are in substantial conformance
with the objectives stated in this section.
Guidelines.
1. Roadways and driveways, where feasible, where feeMA96e, 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.
30
Revised 1012319
FSc�re i&
THIS
! Reduce grading by
aligning reads along
natural grade,
NOT THIS
Roads and hillside grading
1 ^ �
Avoid running Counter
to Steep grades
Ne parting
Stabilise and reforest
distributed banks
1_;
Separate sidewalk
Stoop slope
Parting ba
I 1
Split section Roabray
Steep slopes
Possible trail Sideralk
Readray
1
1 platter step*
Revised 10123192
31 _—_
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 natural04
appearance aM'-'prdvide 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
PI*Oftd get cut 2100,
to Conlorrn to the
natural Contour at
the hill
R a a aw a \
Round offCut slopes
Reprove small knees
00 'ead"Y Cut
10 0the
�natural
- 16,1, ",IV$,
Real2ea
awwd of
'a
out slopes slut 1166411-ey sections t'
aeo*ononedat, gradecAange
-
Roatteay Mat
/ oral trade
ReNteay
32
NOT THIS
Knee remaining
jlrorn feadway Cut
Roadway
Too steel, top plants
to 111416offto established
Mass grading to assent ""date
one level arterial highway
"Itutill SteelRoadway \ ,
n.
Revised 10123192
LJr
Fk. Trails are an integral part of a hillside area and provide
recreation areas for equestrian, hiking and biking uses. They can
also funotion 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.
Revised 10/23192
33
section U1, site Design
A. Standards.
1• Tile 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
terrain. the house to the natural
yya44a
.IM. WN`
THIS
iurfeN
inar.al. oydoing Buis r+
/ 7
Elfeett.. bulk
a, r.Inou1 •etas
Eyilting earrestty lira '
into Ino ground and
w.ni-iaa.
the Ofiotl
on the hillside a .
oicz
use at tool desks. low
lata, •Oaks, and aide al
buildingt
Nass
Tarr sling recluses bulk
Etloeti.. bulk
,\ ty
E114ati.a bulk
3-611., d.pMwgt for Iwdl.idual too."
a, �36do-e 11.69 bre4a•uo Haat, and
Pwt4tt agaiw,t •ae4lal.a fYMlg�a
B. Guidelines
NOT THIS
0—hanging dot,a e -'-%/r
wsY. bwlding �t 14
zoom me..
inaali.4 �,
Ethtuw bW► 1
Nigh Profit• suitaiwg
tianda out 4w two \
hillside,
A.oid dotks.haw3in3 I
Iron Ilia dowsaill
raw lona Palo tuporta
ca.til..4' wakes b-Ading
aPdu. taO.r. wars
w.nurw4wtah
J , t
Ellastlq bun . .
E 394.!1.. Pool •"'hang
14,Ylta In
addf 11Na1 .
•46V41 bulk
Elleatl.4 bulk
1e Design of building sites should be sensitive to the natural
terrain. 3Lruictures should be located in such a wayas to
minimize necessary grading and to
such as prominent knolls or ridgelines.e natural features
2. Views of significant visual features as soon from both Within
and outside a hillside development should be preserved. The
followinq provisions shall be taken into consideration:
a. Dwellings should be orientedto �i"e�iriow Opportunities,
although such views may be limited. Residential privacy
Should not be unreasonably sacrificed.
r
b. Any significant public vista or view corridor as seen
from a secondary, collector or major arterial should be
protected.
Revised 10123192
34
3. Projects should incorporate variable setbacks, multiple
orientations and other site planning techniques to
open spaces, protect natural features and offer preserve
residents. -
THIS NOT THIS _
A. Standards.
1• The building envelope for all structures shall be as follows:
a• 24temhill L* - A maximum/Might finished thl'tgr
as measured from natural 1r- ve'(35) feet
e setback,
extending towards the rear of the lot. Thefront aaximum height
at the side setbacks shall be twent
up to the center o! the lot at a t * "&) feet extending
angle to a maximum height of thirt liwv (3('Sjs)feetras
measured from natural grade.)
or approved finished grade five (25)
3Sj
1
BUILDING ENVELOPE FOR DOWNHILL LOT
13s,
1 "1*1-
Mi^��� Nowt soteass � e
a.
Downhill Section `
i Ileac- setttssi
35
miwimmom side souasf
Street a4vation
Revised 10123192
` Lei
1• The building envelope for all structures shall be as follows:
a• 24temhill L* - A maximum/Might finished thl'tgr
as measured from natural 1r- ve'(35) feet
e setback,
extending towards the rear of the lot. Thefront aaximum height
at the side setbacks shall be twent
up to the center o! the lot at a t * "&) feet extending
angle to a maximum height of thirt liwv (3('Sjs)feetras
measured from natural grade.)
or approved finished grade five (25)
3Sj
1
BUILDING ENVELOPE FOR DOWNHILL LOT
13s,
1 "1*1-
Mi^��� Nowt soteass � e
a.
Downhill Section `
i Ileac- setttssi
35
miwimmom side souasf
Street a4vation
Revised 10123192
THIS
Haight limit
I
\� I
D. Unhill Lot - MAXiinum
front st:thsck utter
height of ttumnt'�T—()_#g_—
-'nor n- and'*rw cel "a—
-%ALPSY 810 (35) $0046
Md 9209 siaturai -grads:--J
rfeel
forty
---- t
ssety -OA-004
t 4-4 n4J 460W Oki- batak-saMen .- the-sexim
r.,rga feet ,aatiane ,a NOT THIS
oerulal the awrela steps
Softening of large
veftieai >turlaeax
luilding envelooa
�. Maximum
Z. The building shall be terraced to follow the slope.
3. Architectural treatment shall be provided to all sides of the
structure visible imm &dieeesib prolperties,
4. Exterior s4ructural 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.
Be Guidelines
1. The fors, 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 10/23/92
36
a. Split pads, stepped j l .. j3dd&, -Aepa-ntrcro -ra
' permit structure to
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.
5.
Use roofs on lower levels for the deck open space of upper
levels.
THIS
Large root areas broken up
Use el natural materials and window
placement in small inarem*nts treat*
interesting small stale patteins
Break uo massing el st►tlttural.elemenis
to mere tlesety approsi/nste the natural
slope
Stan* loundatierts and retaining wells
rNat• to the greens
NOT THIS
Massive reel area is wry visit/* in
contrast to the natural slop*
I
Large facade at ane material, even
it mewlated by winders, sums plain
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 10/3192
37
Figure, -.26
THIS '
Building ousts back green
steeeer slopes and ravines
OR trio hillside Miner building
• l ~� protrusions which
4 �' • /^ aro perponoinular to the
�J • i contours are seeoetsbld
but should be stagged or
inset in the hillside
NOT THIS
Building is oaraslel .ith` Y �
the Contours \ `•
•
Building is perpendleulsr to the tenlours
A. Standards
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 structurals facade.
3. Native or naturalized plants or other plant species that blend
with the landscape shall be utilized in all areas with
required plintinq.
4. lire 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 permanent �� irrigation system, forsemofestablishing a ms nta n nq required shall
be installed on all slopes. The emphasis NOT, toward
using plant materials that will eventually need minimal
irrigation. Water and energy conservation techniques shall be
utilized includinq but not limited too such items as drip
irrigation
ewe
Revised 1012319.2
�Q
THIS
planting packets on stepped
retaining wall allow screen
planting at several levels
No effective bulk
FAqur27' -
NOT THIS
No planting possible oue
to tee all retaining wall
Effective bulk)
r)
i
' large eenarete retaining wall
sudtadea Can be seen for M11,
and tate yearn to Conceal
with plantingg and treee
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 landscapinq 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 (S) feet or greater in
height, jute nettinq shall be used to help stabilize planting
and mininizs 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. prey Corp, of Engineers).
THIS its
Ma&ink satyr ally kale�a
Gt the ...raje slope
Open see-thro tensing trial
-1 r.%' blood* into the wat.r.l en.r NOT THIS
retaining ..61
Screening redwee• ��` V►"„ytv.Y.Tt. l'�,•i..
Trtacitlee aro&
$7 Highly visible solid r.0
r
limbe VeialN n9 .41 J
M1 asreemng
Glee out sepuatNe
Y1twoom assured seaAties
sed developed Yeo •ei1% M 111'&adtlen
Revised 10/23/92
39 --
B. Guidelines
1. Natural landform planting should be used to soften
madufactured slopes, reduce impact of development on steep
slopes or riigelines, 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.
•Y^ l ^`
je
Ty pie el building Clustering
Revised 1012315
40
THIS
�eMr -'�•' '
NOT THIS
J
Landform planting
L v
Conventional planting37
=J��
Irrsgular,Visual plan•
l7nNertn visual Piano
in
in cross-saetion ^��
%Pw
III
r s
/ice/ � —
/ !J
Soetton
i'��tywu �.i ��
�eMr -'�•' '
NOT THIS
J
L v
Conventional planting37
=J��
l7nNertn visual Piano
in
cross-saetion
1,0
/ 7
/� 1
i
/ice/ � —
/ !J
8
t
Revised 10123/92
41 — — ---
SLOPE LANDSCAPING
CONVENTIONAL LANDSCAPING
t
ground oowr ady fo' oo"c aro
tnaa and chubs alwilMed
la I @WON 0 anaa
WOO
t�aaa ane a WU" OpMed
for wooa- oowrpp
Aw'OW ""deg at bottom
LANDFORM 'REVEGETATION
Revised 1012319,
42
section of, public safety Standards.
A. Fire ProVection Standards
1. 4 evelopmente shall be constructed in such a
manner so as to reduce the potential for spread of brushfire
through consideration of the following:
r a. In the case of a conflict where more restrictive
provisions are contained in the Uniform Building Code or
w in the Fire Code, the more restrictive provisions shall
prevail.
i 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. des#denadevelopments 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 erosion.
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 reasons a alternative
measures designed to advance the purposes of this ordinance.
a
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 10/23192
4,e3 —
7. Require special construction features in the design of
structures where site investigations confirm potential
geologic hazards.
-
eection Va.' AQnlication Filing RM"iremonts
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. Gen%ears oholl be shown eseerding %a the
t
Natural Gloom
leave in
Above 20Z 5
C. A conceptual drainage and floor control facilities map describing
planned drainage improvements.
D. A Slope Analysis map for 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 i inch to 100
feet and a contour interval of not more than 2 feet provided that
Revised 10/2319
4 r¢ -- ----
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, iO up to 15 percent, 15 up to
20 perceAt, 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 specified in acres.
E. Provide a sufficient number of slope profiles to clearly illustrate
the extent of theroposed grading. A, minimum of 3 slope profiles
shall be included with the 81OPe alwalysis. The slope profiles
shall:
1. Be drawn at the same scale and indexed, or keyed, to the slope
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
f 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 A registers andscape architect, civil engineer,
or land surveyor indicating the datum, source, and scale of
topographic data used in the elispe analysis and slope profiles, and
attesting to the fact that the slope analysis slope profiles
have been accurately calculated and iAentified.
G. The exact method for computing the percent slope and area of each
slope category should be sufficiently described and presented so
that a review can be readily made. Also, it, heavy, solid line
indicating the 6 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.
6. A geologic and soils report, prepared by an approved soils
engineering firm and in sufficient detail to substantiate and
Revised 10/23/9:
4Q'S
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.
Hl. A statement of conditions for ultimate ownership and maintenance of
all parts of the development including streets, structures and open
spaces.
'. 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 location for each parcel proposed, to be
prepared on a topographic map drawn at the same scale as the
conceptual grading plan.
d. 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.
The following items may be required if determined necessary by the
Planning 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 filinre uirements shall be determined by the
4w, -Director
4, b
Revised 10/1319
Hills Like Nature Makes Them
Spending more to replicate the beauty
of natural hillsides pays off in the
long run.
T banizing flatlands is a fairly simple
Uprocess. Developing hillsides, on
the other hand, 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
swalc 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 • March 1992
t�-
f • �/
•. 1, NOW
Comm iorW mess pN&V of IdAsides OW creates WK, agdar, and undotm flet wrtaces Conodul to maim tfa
slopes cuvilir m in plan offers name imprvmwd b the tadAtonel Aradap metltod. lnndfa " (traded ourds tbaftoi
�cthq ft � arc UW va� gmdarb hom the lop to Iheboftom of ft a that telt
Applying plant \
material to all slope
surfaces is the next !
step after grading, to !
provide protection ! f
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
each fur n 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 anti shrubs re-
quire more moisture, so it makes sense to
cluster them in the swales and valleys where
moisture concentrates, particularly in semiarid
regions. Shrubs are heavily concentrated
Conventional slope linear drainage
pattern concentrates flow at toe of slope.
! ToP
Of
roe Of ! ! !
Landform slope radial drainage pattern
concentrates flow in valleys.
T4—oo
along the drainage now 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-
tntion in combination with landform grad-
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 swales near the lower half of the slope
slow water velocity and thus allow better ab-
sorption by plant roots; and convex shapes
cendaty located, perDeR-
dcular, concrete down -
drabs we an eyesore.
Downdrains in landlonn
grading are eurvifnear,
configured Imo the con-
cave shapes and partialy
hidden by convex areas.
Mads Gem natural rock
Cray can become an aes-
Cietic element.
ContrentlotteM gredw
acceler-
slopes producefrom11
/
sheet
ated flow w tromfor
tD toe, which can erode
ti
the slope. Terretdrug can
prevent damage, but
ti
bola artificial, landform
grading reconfigures the
slope drainage pattern h
radial flow, Which per-
mits the concentration o
rawd and irrigation run
of into specific areas yet
prevems erosion in them
by reducing tributary
drainage so the amount
of drainage is minimal
ti
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 swales near the lower half of the slope
slow water velocity and thus allow better ab-
sorption by plant roots; and convex shapes
cendaty located, perDeR-
dcular, concrete down -
drabs we an eyesore.
Downdrains in landlonn
grading are eurvifnear,
configured Imo the con-
cave shapes and partialy
hidden by convex areas.
Mads Gem natural rock
Cray can become an aes-
Cietic element.
Trees wd tushes natu-
r* c.rtpregafe n flte
concave, staled slope
Wb" d ltilsfdes. mm-
ral landscaping patttuns
are mom ausitV to flte
eye than the random or
geometric patterns typi-
cal of comenoonal grad-
kWplanting selwm.
Vgh cared plamirtg, landform grading can produce as
manly buildup lots as conventional grading
provide prulunged periods of sIIntic, 11111% rc
ducing evaporation.
Hurdles
The landform grading and revegetation con
cept was introduced at Anaheim Hills, a
4,200 -acre planned community developed
by Anaheim 1 lilt., Ltc., in Analtetrtt, t.atlu r -
ma. It is currently being applied on a more
extensive scale at 'ralega, a 3,500 -acre
planned conununity under development in
San(, entente, 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 nwdify
ordinances and
guidelines and take .
a flexible attitude to
alternative hillside
designs.
42 Urban Land • March 1992
Landform grading can involve additional
costs. Perhaps the potential loss of buildable
pad 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 1 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 done 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, 1 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 Bugd'mg
he 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 8
spaces. It should not
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. -
The topographical representation above shows radial water flow, foliage placement in
swales, and lots that eoriorm with the landform configuratiom fate hatched area is a
concrete terrace drain required by building codes) The sketch below contrasts site
planning for conventionally graded and landform graded slopes.
Btnitfarg ButTtfmg B��g
�Slope __1
,R
Conventional Site Planning
This solution was submitted by Horst Sehor, vice
president of development and construction for
Talega, an Arvida Company mooer-planned
community, and originator of the landform
grading and revegetation concept. .5c/?or is based
in Anaheim, California.
S"e,
BurTding
Btnlding
i�_
T 7
Landform Side Planning
What's your solution ?
Readers are invited to offer solutions to common
fend not so coaart o development problems for pub -
kation in this department. Topic stggestions should
be addressed to Karen Schaar/Jufie Stem, Urban
Lard, 625 kdana Avenue, N. W., Waddrrgtom, D. C.
200D4-2930.
DRAFT
City of Diamond Bar 12/09/92
Meeting Agenda For Page: 1
December 15, 1992
1. CLOSED SESSION: 5:00 P.M.
Litigation - Section 54956.9
Personnel - Section 54957.6
2. CALL TO ORDER: 6:00 P.M.
.rfJ V 0 e 0--" a ti;
PLEDGE OF ALLEGIANCE: MAYOR MILLER
ROLL CALL: COUNCILMEN FORBING, KIM, WERNER,
MAYOR PRO TEM PAPEN, MAYOR MILLER
3. PUBLIC COMMENTS:
4. COUNCIL COMMENTS:
5. CONSENT CALENDAR:
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 PARKS & RECREATION COMMISSION - DECEMBER 17, 1992-
7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr.
5.1.2
5.1.3 CITY OFFICES CLOSED - DECEMBER 24 25, 1992 -
Will reopen on Monday, December 28, 1992.
5.1.4 PLANNING COMMISSION - DECEMBER 28, 1992 - 7:00 P.
M., AQMD Auditorium, 21865 E. Copley Dr.
5.1.5 CITY OFFICES CLOSED - JANUARY 1, 1993 - WILL
reopen Monday, January 4, 1993.
5.1.6 CITY COUNCIL MEETING - JANUARY 5, 1993 - 6:00 P.M.
AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER
1, 1992.
5.3 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED
December 15, 1992 in the amount of $
5.4 CLAIM FOR INDEMNIFICATION - FILED BY COUNTY OF
LOS ANGELES regarding Claim for Damages of Sherry Tyree.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the Cityfs Risk
Manager.
.5 Bre ELEAS, - FAITH
read mes . GiQ,ol%a e
Recommended Action:
City of Diamond Bar 12/09/92
Meeting Agenda For Page: 2
December 15, 1992
5.6 NOTICE OF COMPLETION - 1991-92 SLURRY SEAL
IMPROVEMENT PROGRAM - AREA TWO - On April 21, 1992, Council
awarded a slurry seal contract to Roy Allan Slurry Seal,
Inc. for a total amount of $145,599.75. The work,
including the necessary repair work, has been determined to
be in accordance with the plans and specifications approved
by the City.
Recommended Action: Accept work performed by Roy Allan
Slurry Seal, Inc. and authorize the City Clerk to file the
proper Notice of Completion.
6. OLD BUSINESSS:
6.1 (A6,( P'►COUNCIL APPOINTMENT
6.2 SWEARING-IN CEREMONY
6.3 COMMITTEE APPOINTMENTS -
6.4 FEASIBILITY OF CONSTRUCTING GUARD RAIL ALONG
GRAND AVENUE AT GOLD NUGGET AVENUE -
Recommended Action:
6.5 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. Continued from December 1, 1992.
Recommended Action: Approve mid -year budget amendment for
Fiscal Year 1992-93 as presented.
6.6 RESOLUTION NO. 90-45F: RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL
RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES,
SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS - The City Manager has recommended changes 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. Continued
from December 1, 1992.
Recommended Action: Adopt Resolution No. 90-45F amending
Personnel Rules and Regulations which amend, reforms, and
su ersedes Resolution Nos. 90-45 and 90-45A through 90-45E.
6.y SEWER FEASIBILITY IN "THE COUNTRY" -
Recommended Action:
6.8 SOLID WASTE
Recommended Action:
City of Diamond Bar
12/09/92
Meeting Agenda For Page: 3
December 15, 1992
7. NEW BUSI ESS•
S
7.1 ^ CIVI AN ADVISORY BOARDAPpOINT�iEN
2 at -large members 11'',�QQ__,,11�.�_--��P ovr L'—ip(,
7.2 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR .... UNIFORM WATER
RESOLUTION -
Recommended Action:
7.3 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 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. Continued from
December 1, 1992.
Recommended Action: Direct staff to prepare an
organization plan for the establishment of an Economic
Development Strategic Plan Task Force.
8. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER
AS MATTERS CAN BE HEARD.
8.1 ORDINANCE NO. 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
expiration of the Interim Hillside Management ordinance
(Ordinance No. 14-B(1990)) create the necessity to
establish permanent standards for hillside development.
The intent of Zoning Code Amendment No. 92-2 is to revise
existing standards for hillside development. 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. Continued from December 1, 1992.
City of Diamond Bar 12/09/92
Meeting Agenda For Page: 4
December 15, 1992
8.1 ORDINANCE NO. XX (1992): AN ORDINANCE OF THE
Recommended Action: Approve for first reading by title
only and waive full reading of Ordinance No. XX (1992)
Hillside Mangement Ordinance.
9. ANNOUNCEMENTS:
10. ADJOURNMENT:
