Loading...
HomeMy WebLinkAbout05/17/1994j Citi COU11CIC AGENDA Tuesday, May 17, 1994 7:04 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member Gary H. Werner Clair W. Harmony Eileen R. Ansari Phyllis E. Papen Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at it City public meeting, must inform the City Clerk a minimum of 72 hours priori to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses re cled paper and encourages you to do the same. MISSION STATEMENT Council meeting is the forum established to The City of Diamond Bar, its conduct the business of the businesses. The City owners,meetings in a citizens, property Council has chosen to conduct hits as beenldone to assure that televised, open forum. t informed as to the status of all community members are co objective to conclude City business. it is the council,s enda by a reasonable the business stated on the Toe accomplish tonight's hour, which is 11:00 Council requests that: objectives, the City Public comments may be directed to Consent 1• agenda. calendar items °e nottonsthisleveni eventerest ning's e public, which ar 2. Public comments cwithlthe respectiveed matters l be heard in conjunction. agendized subject 3. There are to be no personal attacks to. such individual members of the City Council. against comments are viewed as personal attacks a9 the entire City Council and will not be tolerated. 4, There are to be no personal attacks from an Such are viewed as individual Council member. e City Council, personal attacks from the entiositive business which are not nment;conducive and,owall not be tolerated. meeting environment; The Diamond Bar City Coun�.1 W Clair w. Harmony Mayor Pro Tem /- Eileen R. Ansari Councilwoman ates your cooperation. Z E. Papenl oG. Mill Councilman Next Resolution No. 94-21 CALL TO ORDER: Next Ordinance No. 03(1994) 1• 7:00 P.M. 2. 3. 4. 5. 6. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Papen Miller, Mayor Pro Tem Harmony and Mayor Werner None SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.; PUBLIC COMMENTS: reserved on each regular m"Publi a Comments" 9 agenda to is the time ontConsent eCalendar itemsublic to Provide an o directl Council are or matters of y address the Council not already scheduled interest to the public agenda. Please com Tete a for consideration on this "it�Slerk ����,,., _� . S Baker s PA .A Counci 1. COUNCIL COMMENTS.. Councilmembers are Items raised given at this for Council discussion. Diby rection meeting or the item may Direction may be at a future meeting. y be scheduled for action SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION Auditorium, 21865 E. May 23' 1994 - 7=00 p.m,, AQMD 5.2 GENERAL PLANCopley Dr. ADVISORY COMMITTEE - May 24, 1994, 7:00 P•m., Heritage Park Community Center, 5'3 PARKS & RECREATION COMMISSION - 2900 S. Brea Canyon Heritage Park CommunityMay 26, 1994 - 7:00 5.4 MEMORIAL DAY HOLIDAY OSER SCE 2_900 S. Brea Canyon•Rd. City Offices will be closed. Mai' 30, 1994 - 31, 1994. Will reopen Tuesda 5.5 CITY COUNCIL PUBLIC HEARING Y, May AQMD Auditorium, 21865- May 31, 1994 - 7:00 p. 5.6 CITY COUNCIL MEETING _ Copley Dr. re South Pointem., Auditorium, 21865 E. June 7, 1994 - 7:00 Copley Dr. p.m., AQMD CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting g Of April 19, 1994 - Approve as 6.1.2 Adjourned Regular Approve as submitted.eeting of May 2, 1994 - Requested by: City Clerk MAY 17, 1994 7. PAGE 2 6.2 PARKS & RECREATION COMMISSION - Regular Meeting of February 24, 1994 - Receive & file. Requested by: Community Services Director 6.3 VOUCHER REGISTER - Approve Voucher Register dated May 17, 1994 in the amount of $192,556.04. Requested by: City Manager 6.4 REJECTION OF CLAIM - Filed by Robert and Barbara Thompson on April 28, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk PUBLIC HEARINGS: 7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A NON -DISPOSAL FACILITY ELEMENT (NDFE) AS REQUIRED BY ASSEMBLY BILL 3001 - Calif. Public Resources Code Sec. 41730 et seq. requires every city and county to prepare and adopt a Nondisposal Facility Element (NDFE) for all new non - disposal facilities and any expansions of existing facilities, which will be needed to implement local source reduction and recycling programs. Pursuant to this requirement, the City has prepared a Nondisposal Facility Element (NDFE) and must hold at least one public hearing to receive testimony on the types of facilities identified in this Element. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and adopt Resolution No. 94 -XX adopting a Nondisposal Facility Element as required by AB 3001. Requested by: City Manager 7.2 ORDINANCE NO. 5A(1991): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS O THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR - Amending the Sign Code, Ordinance No. 5(1992) in order to permit temporary signs and expedite the monument sign review process. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and approve for first reading, by title only, Ordinance No. 5A(1991) amending Chapter 22.66 of Title 22. MAY 17, 1994 PAGE 3 Requested by: Community Development Director 7.3 (a) ORDINANCE NO. 02A (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 02(1990) ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS SF or issued itsto the past several years, the City ha rov de solid waste qualified waste companies wishing p collection services. In response to concerns raised by the City's permitted waste haulers and to establish a more effective means of administering and enforcing the City's standards and requirements for solid waste sto modify collec- al hanges are proposed the enabling tion and lisp ordinance andrccorresponding permit system. (b) RESOLUTION NO. 90-95B: A RESOLUTION OF THE CITY COUNCIL OF THE ION�AND DISPOSALOND ESTABOF S5OLID WAS EIIT SYSTEM FOR THE COLLECT Recommended Action: It is recommended thatt e City Council open the public hearing, receive public approve for first reading by title only and waive and (a) pp and (b) adopt full reading of Ordinance No. 02A(1990) ad dirct staff to issue notice to Resolution No. 90-9 and nothere interest d parties of the all waste haulerscollection, trans - City's intent to issue permits for and disposal of solid portation, recycling, composting waste, recyclables and compostable materials. Requested by: City Manager g, OLD BUSINESS: submitted 8.1 SELECTION OF CITrespOtNEY - Eleven firms o the City council'sasolicitation proposals in response for City Attorney services. Recommended Action: It is recommended that the City Council conduct confidential interviews of the nat d invited firms at a closed Session specifically for that purpose. Requested by: City Council ort 8.2 SANITARY SEWERS IN THE COUNTRYreviousl- Continuing eported regarding the proposed sewer project previously 1y y rr on at the City Council meeting of April 19, Recommended Action: orsto negotiate athat precise sc pe council (1) authize taff of work and related fee for professional services with CpW Geosciences (CPWG) for further investigations, studies, reports and recommendations and authorize the Mayor to sign a professional services agreement with CWPG MAY 17, 1994 PAGE 4 in an amount not to exceed $75,000 following the negoti- ations. It is furtherrecommended deration of that the council recognize that with continued staff would likely presently proposed sewer system,is not L.A. recommend a design to meet vatization not rthe operation County) and provide for p additional design and maintenance. No action regarding is requested at this time. Requested by: City EngineerTIoW OF THE . IL8.3 RESOLUTION NO. 93-05A: A RESONDING RESOLUTIONTN0.093C05 OF THE CITY OF DIAMOND BAR AMENDING P.M. - 7.00 P.M., ESTABLISHING "No RIGHTEXCEPT SCHOOL •BUSES" SIGNS ON ROLLING MONDAY -FRIDAY, The KNOLL ROAD AND a uest frWom the Walnut ValleE AT GRAND y DRIV Unified City received qchool transporting School Dist and from Quaict to il Summit Elementary w SSchool to students t d. and Country View Knoll R make right turns on Rolling roved Dr. at Grand A & Transportationss discussed and Commission n Apr 14, by the Traffic 1994. Recommended Action: Adopt ResolutioNo Right TurnNo. 93-05A "1esigns g Resolution No. 93-05 andacountry View Dr. on Rolling Requested by: City Engineer OF IFICATION 8.4 AWARD OF CONTRACT FOR VARIOUSRLOCATIONSIIN DIAMOND BAR HANDICAP ACCESS RAMPS AT - On April 5, 1994, the Council adopted Resolution No roving plans and specifications for construc- 94-16 app access ramps at various tion/modification of handicap ss ramp on April 6, locations. Notice to bidders was published on May 3, 1994. Eleven bids werearent submittedan was Perry Manness d op 1994, The Inc es ofaLong Beach. Industries, Recommended Action: It is recommended ptosed contract hat the City Council receive the bids and award the r amount not to to Perry Manness Industries, Inc., 805. Furthermoreit is recommended that the exceed $28, , amount of $3,500 for Council authorize a contingency ed by the City Manager. project change orders to be app Requested by: City Engineer. TY COUNCIL 8.5 RESOLUTION NO. 94 -XX: D RESOLUTION ROVINGTHTHE IENGINEER'S OF THE CITY OF DIAMOND ION 22623 CALIFO REPORT FILED PURSUANT TO SECTCODE WITH RESPECTFTOH THE CITYNOF STREETS AND HIGHWAYS DIAMOND BAR LANDSCAPING TOSLEVYEANDNT DCOLLECT ASSESSMENTS DECLARING ITS IN MAY 17, 1994 PAGE 5 FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1994-95; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON staff has tprepared to Council direction on March 15, 1994, Engineer's Report for District No. 38 for the 1994-95 ared pursuant to Fiscal Year. Said report has been prepand Lighting Act of the provisions of the Landscaping 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: It is recommended that Council approve the Engineer's Report, pt Resolution No. 94 -XX declaring the City's intention to levy and collect assessments for Districtpublic hearing t the Counchl el City Clerk to advertise a p meeting of June 7, 1994. Requested by: City Engineer UTION OF 8.6 TICITYNO. OF4DIAMOND BAR LAPPROVINGTHE CITY THE OF THENGIN ENGINEER'S OF THE REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNI STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1994-95; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON - Pursuant to Council direction on March 15, 1994 staff has prepared the Engineer's Report for District No. 39 for the 1994-95 prepared pursuant to Fiscal Year. Said report has been prep Act of the provisions of the Landscaping and Lighting 19972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: It is recommendedadopt Resolution that the City Council approve the Engineer's Report, and No. 94 -XX declaring the City's intention to levy collect assessment for District No. 39 and die Council rect the City Clerk to advertise the public hearing at tmeeting of June 7, 1994. Requested by: City Engineer 8.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1994-95; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS - Pursuant to Council diction on March 15, 1994, staff hasp p tEngineer's for District No. 41 for the 1994-95 Fiscal Year. Said MAY 17, 1994 PAGE 6 report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: It is �recommendedad Pt Resolution he City Council approve the Engineer,s Report, and No. 94 -XX declaring the City's intention to levy collect assessments for District No. 41 and direct the City Clerk to advertise the public hearing regular meeting of June 7, 1994. Requested by: City Engineer 8.8 DISCUSSION RE: om COUNCIL 1SUB994MMITTEE FOR LIBRARY SERVICES - Continued Y 9 Recommended Action: It is recommended that the Mayor appoint a Library Services sub -committee of the City Council, comprised of two members of the Council. Requested by: Councilwoman Ansari 8.9 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY Continued Requested by: Mayor Pro Tem Harmony 8.10 DISCUSSION RE: GENERAL PLAN ADVISORY COMMIT TEE PROGRESS ON THE PREPARATION OF THE GENERAL PLANT COMPLETION OF THE GENERAL PLAN IN ORDER TO FOR This PLACE matter THE NOVEMBER GENERAL ELECTION BALLOCommittee quorum, relates to the General Plan AdvisoryCommittee majority rather whether the quorum should be a simpletwo_thirds of than the current "super" majority quorum (two-thirds of the GPAC membership); a timetable for the completion on cil intends to the General November lan if the coun th 1994 General Election Ballot. place Requested by: Mayor Werner 9. NEW BUSINESS: 9.1 DISCUSSION RE: PUBLIC IMPROVEMENT Clay CARR LING NAMES on p OF COUNCIL MEMBERS worksEoban placing construction project signs. Recommended Action: It is recommended that the City Council no longer place names of Council Members on public works construction project signs. Requested by: MPT/Harmony 10. ANNOUNCEMENTS: PAGE 7 MAy 17, 1994 Matters of pending • May convene to consider: 54957.6), or 11. CLOSED SESSZ G C. 54956.9), Personnel (G.C. litigation ( G.C. 54956.8). Records not sale of real property purchase/ ublic inspections - available for p 12. ADJOORNKENT 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 Regular Meeting at the South Coast Air Quality Management DisBartrict Auditorium, u itorium,rnia at7.00 located at 21865 E. Copley Dr., p.m. on Tuesday, May 17, 1994. listed on the attached agenda. Items for consideration are 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 May 17, 1994 was posted at their proper locations. I declare under penalty of perjury under the laws of the true State of California that the foregoing isedthisnl3thrdaytofnMay, that this Notice and Affidavit 1994, at Diamond Bar, California. s L nda Bur ess Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA NO. AGENDA REPORT TO:; Terrence L. Belanger,7� 1994 Cit Manager REPORT DATE: May 9, 1994 MEETING DATE: May FROM: James DeStefano, Community Development Director . 94-1 TITLE: Zoning Code Amendment Noond Bar amending the Sign Code, An Ordinance of the Cityns and of �pedite the monument sign review SUMMARY: Ordinance No. SA (1991): g Ordinance No. 5 1991), in order to permit certain temporary signs process (case No. ZCA 94-1). RECOMMENDATION: open the public hearing, receive testimony, and approve the first It is recommended that othe Ordinyance No. 5A (1991). reading, by title only, Notification X Public Hearing OF ATTACHMENTS X Staff Report _ Bid Specification (on file in City Clerk's Office) LIST X Resolution(s) X Ordinances(s) _ Agreement(s) Other EXTERNAL DISTRIBUTION: Chamber of Commerce X Yes No SUBMITTAL CHECKLIST agreement been reviewed — I Has the resolution, ordinance or ag MAJORITY by the City Attorney? or 4/5 vote? X Yes No 2 Does the report require a majority — No Has environmental impact been assessed? X Yes 3. a Commission? 4, Has the report been reviewed by Yes X No Which Commission? Planning the report? _ 5. Are other departments affected by Report discussed with the following affected departments: EWED BY:,, �Ja*es Ste rrence L. Belanger Community Development Director City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 17, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Ordinance No. 5A (1991): An Ordinance of the City of the City of Diamond Bar amending the sign code, Ordinance 5 (1991), in order to permit certain temporary signs and expedite the monument sign review (Case No. ZCA No. 94-1). ISSUE STATEMENT: In June of 1992 the City Council adopted Ordinance No. 2 (1992), an Interim Ordinance designed to permit the display of previously i.e. prohibited temporary signs (banners, streamers, and inflatables). The Interim Ordinance will expire in July 1994. The purpose of the proposed Ordinance is to consider adoption of the new Temporary Sign standards and a revision to the freestanding monument sign review process. The Planning Commission concluded its review of the proposed Ordinance on April 11, 1994, and recommended adoption. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony, and approve the first reading, by title only, of Ordiance No. 5A (1991). FINANCIAL SUMMARY: N/A BACKGROUND: In June of 1992 the City Council approved an Interim Ordinance (Ord. No. 2(1992) thus extending the life of the ordinance originally adopted in June, 1992. The interim ordinance allows applicants to apply for the display of otherwise prohibited signs including, banners, streamers, inflatables and flags. State law allows for interim ordinances to be approved and extended for a period not to exceed two (2) years. The duration that permitted temporary signs can be displayed can not exceed 60 days in a year. The Council adopted the interim OA order to supplant certain restrictions on temporary signage ordinance n o P in the sign ordinance adopted by the Council on August 20, 1991. Cit Council had reviewed the interim ordinance previously, and in particular_detein_ The ord ordinance and the e ordinance was The y beneficial to the community in general and the business community hat necessitated its incorporation still exist, warranting the establishment of revisions that e situation t temporary signs provide. APPLICATION ANALYSIS: TamSlans tulT:1N For the period between May, 1992 and May, 1993, 31 temporary sign permits were issued by the Community permits extending for Of the permits issued, the number of pe 30 days and 60 days Development Department.may 27 temporary sign nods of up to 30 days. The were split 16/15, respectively. During the pee been issued which grant display pe s repo degree of permits have been issued. Eleven permits ha to 60 days- great g remaining 14 permits were for periods over 30 days and u. se the 60 day allotmenttothe maximum benefit of flexibility on the part of the applicants in deciding how the individual use. mits has not proven problematic although it requires consistent Enforcement of the temporary sign per of date of this e are rin on the part of the code enforcement officer. As ub e uent to expirationoof�the permit. a few monitoring compliance with removal stipulations subsequent businesses that are not in comp P signs that have been requested and permitted indicate that the business Staff review of the types of temporary g in with the standards for community is taking advantage of the provisions of the interim Ordinance n for andperco signs over the period since display. There have been more applications for temporary t signs have been used in the promotion of the interim ordinance has been in effect. Most ofthe is g temporary least two businesses have used the temporary special events and serve the purpose of Supp Permanent walls signs. banners to announce the opening of a business prior to obtaining opportunity to implement and enforce the in procedures, portions of the ordinance As staff has had the oppo y sd en alteration. Specifically, staff has found the compliance have shown themselves to warrant review and possible rsonthat with sign removal at the termination of the grant period to be lacking. aReview with code enforcement shown that Personnel - the majority of these cities enforce their removal of banners pennants erefundable deposit as a useful compliance This is time consuming. The City of nature and haLakewood track ceord of has incorporated oven effectiveness. tool that is proactiveapplicant provides proof applicant is required to post a $100 deposit that is refunded when the app P n of an licant thatLakewood, the hat the temporary sign has been removed. The Planning De oath positive a performanceothe procedure has t forfeiting the deposit. This tool is worth consideration related produced. found that there are business owners who wish to have temporary signs up for periods of more Staff has also specialty shops predominate. Staff than 60 days per year. Most commonly, the requests from restaurants and spec' y P R availability of temporary signs up to 90 days per Year with some would not be adverse to the lengthening of the avai Y minimum separation between requests. existing code will require the amendment Section ns on a 114 0 to allow certain signs such as roof signs and projecting g IncorporabOn °f the interim ordinance into the e g Ordinance No. 5 (199 1) (Prohibited Signs) temporary basis. There n n Code as adopted by the Council in 1991. public of a p implementation of the Sigprocedure is mandated as Staff has been invloved with on p� of the business community about als. Te onerous requirement c l�rl delineated has been a significant concern Commission for monumen g ns are c Y review process before the Planning ram although the requirements for monument signs of monument signs Of the Planned Sign Program Staff has found that the app dards established an outgrowth s accompany multi-sign applications. n Programs or pursuant to star and do not alwaY roved Planned Sig could be processed Consistently with app within the code. Conclusion: of temporary community has utilized extensively. There rim ordinance has led to a determination that the various types ordinance sof analysis of the use of the irate which the business c As the interim sign rmitted have served a positive purposehealth or safety hazard. signs pe cidents where the signs created a ears of life, a reasonable time has now elapsed have been no in ire July 7, 1994, after two y approved by the City is due to exp for the evaluation of the performance of the ordinance. Plannin Commissi n A tion: Wed the proposed o the Sign Ordinance 1994 the Planning Commission rev ie ro sed additions and revisions to the Sign On April 11, recommend approval to the City Council Of roveethe rel°Catlon of the freestanding Ordinance and voted to n Prograin'� Section of the Sig airing 1 the Commission recommended that then Planned Sign of signage in of req Additionally, maximum six feet in height) rove this type monument signs "Basic Sign" section in order that staff can administrative y approve the Commission. a public review before the Planning ENVIRONMENTAL ASSFSSMENT' to be Categorically Quality Act (CEQA) has determined this project Section 15061 (b) 3 of the State environmental guidelines. Pursuant to California Environmental Q Y Exempt pursuant to PUBLIC NOTIFICATION: his ro ect was advertised on April 25, 1994 in the The public notification forTribune and Inland Valley Daily Bulletin. San Gabriel Valley Daily 4 -I <ti-� _lam � �` �� � ��� �� � �--. �, i � � �- f ��� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK (Ai�ur S � ' / FROM: �. DATE: PHONE: A(" d� ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Counci I on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK .. DATE: FROM:( 3 � PHONE: ADDRESS: ORGANIZATION: F If )_ AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item name and address as written above. Signature ' Please have the Council Minutes reflect my 44 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FR,)M: L!' l h ur- Sri"1r/'J DATE: �l17 -- FY .AD )RESS: 2/ 6 3 o r- a PHONE: Gl /g d J Y Z OR 3ANIZATION: ,AG: ---NIDA #/SUBJECT: P, S, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL Ejo*� TO: CITY CLERK DATE: / SL FROM: PHONE: -0/� ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m) name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK bS , r/� w � �� G DATE: FROM: PHONE: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. W Signature D)IP VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: Cy/ b,' r- .S .5 _ 7 —15r C � � � �!� DATE:/ ADDRESS: -t /.6 �a, j- r/ PHONE: �G�J©7yZ ORGANIZATION: AGENDA #/SUBJECT: . I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT CITY CLERK l DATE: fq�q�, . PHONE:"- S�oI`'66C4Z :5 1 �5TC—� dZ C I `T \1 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ���Sig ture FIN �v` I. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #!SUBJECT: CITY CLERK -`� M P �D DATE: 1�L�13A/ Z� PHONE. �G b tfj� �14rr d I expect to address the Council on the subiect agenda item. Please have the Council Minutes reflect my name and address as written above. '�.✓1. JLC/ '/. �i� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK , FROM: -� DATE: `� PHONE: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: t to address the Council on the subject agenda item. Please have the Council Minutes reflect my I expec name and address as written above „ Signature ORDINANCE NO. 5A (1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR. A. Recitals. i ( ) The City Council of the City of Diamond Bar heretofore adopted Ordinance 5 (1991) in its entirety as the Sign City of Code of the Citg Diamond Bar. (ii) It is the desire of the City Council to amend said Code to provide for sign regulations which provide standards for SIGNAGE within the City of Diamond Bar which satisfy the aspirations, goals, and expectations of the City of Diamond Bar. (iii) The Planning Commission of the Cit has extensively considered the y of Diamond Bar proposed sign ordinance a public hearing and has, after due consideration, recommended that the ordinance be adopted. (iv) 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. Division 1 Of Title 22, Chapter 22.66 pertaining to sign regulation, g shall be amended, and shall read, in words and figures, as set forth on Exhibit "A" hereto, and shall be incorporated herein by reference as if fully set forth. 1 Section 2. All provisions of the Los Angeles County Code, as adopted, which contradict or which pertain to, signage regulated by amended Chapter 22.66 are hereby repealed in their entirety. Any provision, section or regulation which does not contradict or expressly pertain to signage regulated by new chapter 22.66 shall remain in full force and effect notwithstanding the adoption of this ordinance. Section 3. Each provision of Chapter 22.66 shall apply, to the extent permissible under other laws, to all sign permit applications, development applications or other requests for entitlements pertaining to or involving signs, to the extent such are regulated by Chapter 22.66, to all such requests or applications initiated subsequent to the effective date of this Ordinance. Section 4. Penalty for violation of ordinance. It shall be unlawful for any person, firm, partnership, corporation or entity to violate any provision, or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, corporation, or other entity violating any provision 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. It shall constitute a continuing violation unless and until the violation is abated and shall be punished accordingly. 2 Section. 5 Civil Remedies available. The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of nuisance. Section 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 7. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. ADOPTED AND APPROVED this 17th day of May, 1994. Mayor 3 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 17th day of May, 1994, and was passed at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of May, 1994, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST City Clerk of the City of Diamond Bar 4 PREPARED BY: Robert Searcy, Associate Planner Attachments: Draft Ordinance 5A (1991) Draft City Council Ordinance incorporated with the text changes as Exhibit "A" Planning Commission Resolution Planning Commission Minutes Public Hearing Notification 5 CITY OF DIAMOND BAR SIGN ORDINANCE SECTION 100. PURPOSE AND INTENT. The purpose and intent of the Sign Ordinance is as follows: A. To encourage the use of modest signs with due regard for the needs of the business community. B. To encourage signs which are harmonious with other existing signs. C. To assure an appropriate level of review prior to approval of sign permits. D. To bring existing signs, as much as is feasible, into compliance with the provisions of the Sign Ordinance. SECTION 102. SIGN PERMITS A. PERMITS; REQUIRED PERMITS; PERMIT ISSUER. 1. Permits are required for all signs except those specifically exempted from the permit requirements by this Sign Ordinance. 2. Permits may be issued by the Director for all signs listed in Section 108 of this Ordinance (Basic Sign Program), subject to those conditions listed in Section 102.1) (Guidelines) of this Ordinance. 3. Permits may be issued by the Director, upon direction from the Planning Commission or City Council for any sign(s) listed within (Section 110) (Planned Sign category) upon May 17, 1994 Changes from 4111194 P.C. meeting Deletions no 1 Additions noted in underlined italics the completion of a sign permit application and approval by the Planning Commission. 4. The Planning Commission is authorized to approve or deny Sign Review applications and to impose reasonable conditions upon such approvals, subject to the right of appeal to the City Council. Conditions may include, but shall not be limited to, such conditions as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to make findings consistent with Section 102.D, and 104 of this Ordinance. B. APPLICATION FOR PERMITS Applications for sign permits shall be made upon forms provided by the Director and shall contain, or have attached thereto, the following information and material: 1. The name, address, and telephone number of the owner of the property on which the sign(s) are to be located. 2. The name, address, and telephone number of the applicant and owner of the sign. 3. The name, address, and telephone number of the sign contractor, if any. of the building, structure or lot 4. The location to which or upon which the sign or other advertising structure is to be attached or erected. 5. Three (3) copies of a site plan and architectural elevations showing the: Changes from 4/11/94 P.C. meeting May 17, 1994 Deletions notedStfikeeut- r 2 Additions noted in underlined italics a. Sign(s) height, size, proposed colors, type style, elevation above final grade level, proposed location on the premises of the sign structure, its relationship to adjacent signs, buildings or structures, the method of illumination and the colors and materials proposed to be used. b. Structural details and calculations signed by a person competent and qualified to prepare such information. The Director may, in his or her sole discretion, waive such requirement. 6. Photographs showing the premises and adjacent property at the time of making the application. 7. Such other information as the Director shall deem reasonable and necessary to ensure safety of construction and compliance with this and all other ordinances of the City. C. REVIEW OF SIGN PERMIT APPLICATION; APPEAL PROCESS 1. In consideration of the issuance of a sign permit, the factors noted below shall be utilized by the Director or Planning Commission, as guidelines for determining that a submitted sign proposal furthers the intent and purpose established by this Ordinance. 2. An appeal from a decision of the Director relative to the application of the review guidelines contained herein shall be made to the Planning Commission. Such appeal shall be filed with the Secretary of the Commission in writing within ten (10) days after the date of mailing of notification to the Applicant by the Director that any submitted sign proposal May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions noted eet "Om 3 Additions noted in underlined italics has been denied or modifications are required to effect conformance with the guidelines. An appeal from the Plannin Commission decision may be madg e to the City Council if such appeal is filed with the City Clerk in writing within ten days after the date of mailing (10) of notification of the Planning Commission action. D. GUIDELINES: In determining the consistency of each proposed sign with the purposes of this Ordinance the following guidelines shall be applied: 1. That the proposed sign will be legible to the intended audience under normal viewing conditions, based Proposed location and the design on its g of its visual element. 2. That the proposed sign will not obscure from view or detract from existing signs, based on its location, shape, color and other similar considerations. 3• That the proposed sign will be in harmon adjacent properties and surroundingsY with g based on the size height, color placshape, Placement, and the proximity of such proposed sign to adjacent properties and surroundings. 4. That the proposed structure ned sign or display Will be designed, , constructed and located so that it will not constitute a hazard to the public. 5• That the Proposed sign is not designed to have the advertising thereon maintained primarily to be viewed from a May 17, 1994 Changes from 4/11/94 P.C. meeting 4 Deletions notedgt�ee� Additions noted in underlined italics freeway, unless specifically provided for under the terms of this Ordinance. E. FEES A Sign Permit processing fee, as determined by resolution of the City Council, shall be collected by the Director upon application for any sign permit or appeal thereof. SECTION 104. GENERAL REGULATIONS A. No freestanding sign shall be located less than 25 linear feet from an adjoining property line, except that a sign may be located no less than 10 feet from the ultimate street right-of-way. B. Signs shall be constructed of fire resistant material. Where glass or plastic are used, these materials shall be shatter -resistant. C. The Director may approve minor alterations of signs approved within a planned sign program. D. Signs shall be compatible with the architectural style, design, material and color of buildings attached or adjacent to signs. E. No sign shall be placed on or over a public right- of-way unless permission has been granted by the City Council or the Council's designee. F. Sign copy in non-Latin/Roman symbols, numerals, or alphabet characters must contain thereon a generic description May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 5 Additions noted in underlined italics written in English of the nature of such business or use. Such translation shall be visible from the nearest public street. G. Business signs shall be limited to those portions of a building within which such business is located or conducted. H. No sign, whether permanent or temporary, including any supporting structure and lighting thereof, shall present any hazard to the safety or pedestrian or vehicular traffic by obstructing the flow of such traffic by obstructing the sight lines required for the safe movement of pedestrian or vehicular traffic, by interfering with the visibility and effectiveness of any traffic control, or warning device, or in any other manner. I. All freestanding signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet of sign face area. Address plates shall not be calculated against the permitted sign face area. SECTION 106. DEFINITIONS A. Advertising device: Any balloon, flag, pennant, banner, propeller, oscillating, rotating, pulsating or stationary light or other contrivance (except lawfully permitted signs) used to attract attention. (See "Sign".) B. Advertising display: Any device, conzrlvc—%-1 statue or structure (other than a sign) used as a display, regardless of size and shape, for the purpose of attracting attention. May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions notedStfikeOu"em 6 Additions noted in underlined italics C. Advertising structure outdoor: A structure of any kind or character erected or maintained for the purpose of advertising a business, activity, service or product not sold or produced on the premises upon which said structure is placed. D. Alteration: Any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign. E. Area of a sign: The total exterior surface of a sign within the single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any material or color forming any integral part of the display. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. Unless otherwise specified, the supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a manner as to form an integral background of the display. F. Attached sign: A sign which is permanently affixed to a building, including wall signs. G. Attraction board: A changeable copy wall or freestanding sign which contains messages related to upcoming events at theaters. May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 7 Additions noted in underlined italics H. Awning sign: A sign attached to or written upon an awning, canopy or marquee. I. Banner sign: A sign hung with or without frames, possessing written communication applied to non -rigid paper, plastic, non -rigid material or fabric of any kind, and capable of being viewed from any public right-of-way, parking area, or neighboring property. J. Building frontage: The lineal extent of a building or activity which has frontage on either a public right-of-way or parking area. The length of the building facing the public right-of-way or parking lot shall be used to determine the amount of signage permitted. K. Building identification sign: A sign attached to a building which designates the name and/or address of the building or organization. L. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. M. Canopy sign: A sign which is not illuminated, which is attached to the underside of a projecting canopy protruding over a private or public sidewalk or right-of-way. (See "Awning sign".) N. Changeable copy sign: Any sign designed and intended to have an easily and readily changeable copy. (See "Attraction board".) May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 8 Additions noted in underlined italics p, civic organizations si n: A sign which has COPY limited to organization name, address, and civic, patriotic or religious events conducted on the property. two (2) or p, Com ercial center: Any site containing na a is proposed. more commercial activities, for which sig g Q• Condominium subdivision or rental co,ntrtunit si n sign which has copy identifying A permanent wall or freestanding the name of the condominium, subdivision or rental community, including apartments, located on the property- temporary sign which states R. Con_ structi°n sl n• A address ant and/ the name, the name of the future site occup architectural, and and/or phone numbers of related construction, financial firms . ir_ e� r: The City of Diamond Bar Director of S. D her designee. Community Development or his/fixed A sign with a T. Electronic messa a board si n• but not la composed of a series of lights, or changing disp Y including time and temperature displays. Entrance Exit signs: A sign which has copy limited U. commercial to the words "Entrance" or "Exit" and is located at driveways or mounted at building entrances or exits. Fes• An advertising device, but not including V national flags or flags of political subdivisions. W. Flashing or animated si n• A sign intermittently emitting light or which has any illumination which is not Changes from 4/11194 P.C. meet►ng 1994 Deletions not dSWA99 `om May 17, Additions noted in unde►-lined italics 9 maintained in constant intensity, color or pattern, including electronic reader boards, except time and temperature displays. X. Freesta „Ainq sign• Any sign permanently or temporarily attached to the ground which is not attached to a structural support as its struc.- d elevation at the closest point oint Y. Grade level: Ground level of the adjacent right-of- of the adjacent building or curb Way, whichever is closer to the location of the sign (see illustration) Grand opening sic�L'n.• An on premise sign advertising Z. the opening of a new business. AA. Governm nt offices and uasi-offic'a si ns: A sign displaying information pertaining to services offered by City, County, State or other official governmental agencies. gg. Height of a sign: The vertical distance measured from grade level along the base of the sign structure, to the highest point of the structure (See illustration). CC. Hours of_�eration sign: A wall or window sign designating hours of opening and closing. DD. Illuminated sign: A sign which has characters, utline backlighted or internally letters, figures, designs or o illuminated by electric lights or luminous tubes. EE. Incidental sign: A wall or window sign indicating type of credit card accepted, trade affiliation, etc. FF. Institutional sign_: A sign which has copy limited to the name/address of an institution located on the property, ther public facility i.e., a hospital, school, library or o. Changes from 4/11194 P.C. meeting May 17, 1994 Deletions notedSt&ee� 10 Additions noted in underlined italics GG. LiQ illation sign: An on-premise sign advertising a one time only clearance, liquidation or going out of business sale. HH. Logo: A name, symbol, or trademark of a company, business, or organization. II. Menu board: A changeable copy wall or freestanding sign limited to a listing of food sold on premises, including prices. 7J. monument sign: A low profile freestanding sign which may be internally or externally illuminated, erected with its base on the ground and which is designed to incorporate building materials which complement the architectural theme of the buildings on the premises. KK. Nameplate: A wall mounted sign identifying the building by name, address, or ownership. LL. Nonconforming sign: A sign which complied with all applicable regulations at the time it was installed, but which is now in conflict with the provisions of this chapter. MM. Outdoor advertising sign: A sign, including billboards, or the sign structure on which it is to be placed, the purpose of which is to advertise products or services that are not produced, stored, serviced or sold on the property upon which the sign or structure is located, but not including travel direction or bus/bench shelter signs in public rights-of-way. NN. Portable sign: A sign not securely attached or fixed to the ground or to a permanent structure; or a vehicle or Changes from 4/11/94 P.C. meeting May 17, 1994 Deletions notedSWilreex"ffffl 11 Additions noted in underlined italics primary trailer used as a stationary advertising display, the port for purpose of which is to serve as a base, Platform, or support the sign, or to which the sign is otherwise affixed or attached. 00. Polon: A freestanding sign supported by one or more uprights. ,mal sign: A temporary sign conveying a PP. Polit� message relating to a political issue, candidate, upcoming election or ballot issue. Q4, Price • signA sign limited to the name or 'f ication of items or products for sale on the premies, and s idents the price of said items or products. Changes from 4111/94 P.C. meeting May 17, 1994 Deletions noted&WAeWA-feM 12 Additions noted in underlined italics z® 13 �4 IN RR. proiectincs Sian: A sign which projects more than twelve (12) inches from a building and is dependent upon such building for its support. : A temporary sign indicating that SS. Real estate sign the premises on which the sign is located is for sale, lease or rent. TT. Roof sign: An attached sign constructed upon or as to extend above the visible over a roof, or placed so roof line. W. Sian: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame and background thereof. VV. Sian copy: Any word, letter, number, figure, design or other symbolic representation incorporated into or depicted upon a sign. WW. Sian face: The area or display surface used for the message. XX. Sian structure: Any structure which supports any sign. yy. site: one or more parcels of land identified by the assessor's records where an integrated building development has osed. The site shall include all parcels of been approved or pro p land contained within or a part of the development application. Changes from 4/11/94 P.C. meeting May 17, 1994 Deletions noted&W*t0W €0M 14 Additions noted in underlined italics An integrated building development shall include all parcels served by common access ways, driveway, parking and landscaping. ZZ. S^��event Sian• A temporary sign which conveys a message related to a civic, patriotic or religious event. AAA. Subdivision/model home sign: A sign which identifies a subdivision for sale, and which is located on the property being advertised. BBB. Tem_ ary Holiday Lighting or Window Trimming: Low intensity lighting consisting of continuous bulbs which may.flash or blink used to commemorate a patriotic, civic or religious event, or decorative trim surrounding the window. CCC. Temuorary sign: Any sign displayed for a limited able of being viewed from any public right - period of time and capY of -way, parking area, or neighboring property. DDD. Wall sign: Any sign which is attached, erected, or painted on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than twelve (12) inches from the building. EEE. Window sign: Any sign posted, placed or affixed in or on any window visible from the exterior of the structure through a window. SECTION 106. BASIC SIGN PROGRAM' The following signs may be approved by the Director. A. Permanent: 1. Wall signs for individual uses: Changes from 4/11/94 P.C. meeting May 17, 1994 Deletions noted, ME000E� 15 Additions noted in underlined italics Max. Area: 1.25 sq- ft. per 1 lineal foot 125 sq - frontage, to a maximum ft. per use. Sign shall not exceed 80% of building frontage- Max. Number: 1 per outer wall S ecial Conditions: No permit shall be in a multi -use issued for a wall sign nter in which more building or commercial ce than one sign is proposed without Planning iew and approval. Commission rev All Zone: 2. Canopy and awning signs: numbers Limited to letters or Max. Area: in no greater than 7 inches height designating business name or address. ' Max. Number: 1 per use Commercial Zone: 3. Window Signs' contiguous window of 25 percentis area or 100 square Max. Area: whichever feet, less. First or second Floor Only Location: Commercial and Industrial Zone: ft. in area or 4. Govern�a►eut flags over 12 sq' 6 ft, in height: Chang, from 4111/94 P.C• meeting Deletions no May 17, 1994 Additions noted in underlined italics 16 Max. Area: Determined by Director Max. Height: 35 feet Max. Number: Determined by Director Zone: All 5. Building Identification Sign: Max. Area: 36 sq. ft. Max. Height: Must be mounted at a height no less than 25 ft. Max. Number: 1 per building Special Conditions: (a) Signs mounted at a building level higher than 45 feet may be no larger than 2% of the vertical exterior wall upon which the sign is located; (b) Up to 4 Building Identification Signs may be approved for buildings when such signs are mounted at a building height greater than 75 feet, limited to one sign per building side; (c) Up to two Building Identification Signs may be approved when signs are mounted higher than 45 ft.; (d) Building Identification Signs larger than 36 sq. ft. may not be used on properties containing freestanding signs; (e) Building Identification Signs shall not be counted towards maximum sign area; and May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 17 Additions noted in underlined italics (f) Building Identification Signs are allowed only on buildings the heights of which are no less than 35 feet. Zone: Commercial 6. Attraction Board: Max. Area: 24 sq. ft. Max. Height: 6 ft. in commercial zones Configuration: Freestanding monument or wall sign Max. Number: 1 per use Location: Same as Basic Sign Program Special Conditions: Attraction Boards may be used only in conjunction with theaters. Theatre marquees may exceed one per use and a maximum of 24 sq. ft. for wall signage to a maximum of 100 sq. ft., as shall be determined by Planning Commission. 6. Freestanding Monument: Max. Area: 24 sq - ft -Max. Number: 1 per frontage Max. Height. 6 feet Zone: Commercial and industrial B. Temporary: 1. Commercial Real Estate Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number 1 per site May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions nofew 18 Additions noted in underlined italics 2. Height: 6 f t . Max. Freestanding one conditions Permit valid for S ecia-1 may be renewed. year after permit issuance, Commercial or Industrial Zone: Construction sign: Max. Area: 24 sq, ft. configuration: Wall or Freestanding Max. Number: 1 per site Max. Freestanding Height: 6 ft* g ecial Condit Permit for sign issued struction permit is issued; sign after con of occupancy must be removed upon issuance permit. All Zone: Sign. 3. Subdivision/Model Home sales Max. Area: 16 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per entrance Height: 4 ft - Max. Freestanding six S ecial Conditions: Permit valid for months, renewable. Zone: All 4. Grand Opening sign: Max. Area: 16 sq- ft. Configuration: Wall or Window Max. Number: 2 per use. Changes from 4111194 P.C. meeting Deletions noteclS�'��� Additions noted in underlined italics May 17, 1994 19 Conditions• Permit ,lid, once va S ecial of 30 days calendar year, for a maximum Commercial Zone: 5. Liquidation Sale Sign Max. Area. 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use . 1 Conditions: Permit valid, once a S ec calendar year, for a maximum of 30 days Commercial Zone: 6. Special Event Signs 2 Max. Area: 4 sq, ft. Configuration: Wall, Window or portable Max. Number: 1 per use All Zone: Conditions: Permitted once per S ecial calendar year. Must be removed within ten days following special event. permit 60 days prior to event. issued not more than Commercial Zone: 7. Temporary Holiday Lighting or Sign' Max. Area: As may be deemed to be Configuration: suitable at the discretion Max. Number: of the Planning Director S ecial Conditions: Permit valid for a maximum of 60 days per calendar year. Maximum Ganges from 4111/94 P.C. meeting Deletions notedswAeea�-f May 17, 1994 Additions noted m u►uierlined italics 20 bulb intensity of 25 watts. Trim not to exceed 7" in height or width. Zone: All 8. Temporary Searchlight Permit: Max. Area: N/A Configuration: N/A Max. Number: 1 Searchlight per property Special Conditions: A temporary searchlight permit may be used for special events such as, but not limited to, Grand openings and Premier showings. Such permits may be granted for a maximum period of ten days. The ten days may be consecutive or may occur within a 30 day period. Permit shall be granted one time per year. Zone: Commercial. 9. Banners and Inflatable Signs a. Windblown devices including but not limited to pennants, streamers, and banners, may be placed upon property commercially zoned and utilized as such, erected for the purpose of advertising a special event or or special sale, may be permitted subject to the review and approval of the Community Development Director. May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions noted8trAEeeu4Offfi 21 Additions noted in underlined italics May 1-7, 1994 b. Tethered balloons and/or inflatable devices erected for the PurpoSe of advertising a special event or special sale, may be placed upon freeway oriented commercial property subject to the approval of the Community Development Director. section within this s All temporary signs C. royal by the are subject to review and aPP Community Development Director as to the Sign location, designo colorsize, , height, and other considerations. The maximum sign area for banners in one d•r lineal foot (1) sane foot of signage of property frontage - Tethered balloons andlor inflatable e. height of sixty devices may not exceed a (60) feet from grade. imum of four (4) Permits may be f , A max proved for any single business locatlon approve the cumulative within a calendar year' with total of display days not to exceed Y ninet 90 days_ }ermitted in t= S Spgt sh�l � No si n traffic edestrian or vehicular � create a mot_ rat visibility Changes from 4111194 P.C. meetmg Deletions notedS� Additions noted in uggMlind italics 22 hazar� or im it the visibility of si s on or off the premises. h, gpulication shall be VAda on forms C- v= � fee -0-1 _25.00 �ro� ided try the it shall be submitted with the _aM.ication form to cover the cost of processing the t�-- RA 7Camt shall submit a 100.00 deposit to the City which is refunded$t the termination of the 2a=it> . C e g —f -0.r went verification of removal• SECT ON 110. PLANNED SIGN PROGRAM The following signs must be approved by the Planning Commission: oved subject to the A. sign illumination may be appr following conditions: 1. No lighting shall interfere with traffic or re ulatory lighting in color or intensity, nor create confusion g for motorists or pedestrians in travel. 2. The intensity of lighting and the hours of o eration shall be restricted for sign illumination visible from, P directed toward or reflecting upon residential properties. 3. Lighting shall be consistent with existing conforming commercial and/or residential properties. Changes from 4/11/94 P.C. meeting May 17, 1994 Deletions notedSEr3keee44e 23 Additions noted in underlined italics B. For single use buildings with 200 feet or more of frontage, a Planned Sign Program may be approved which exceeds the maximum aggregate sign area up to a limit of 200 sq. ft., provided that: 1. No single wall sign so approved exceeds 125 sq. ft., and no freestanding sign exceeds 24 sq. ft., except as stated by the provisions of this Ordinance. 2. Any two signs placed on the same frontage which taken together exceed 125 sq. ft. shall be separated by no less than one-half the length of the building frontage. C. No planned sign program shall be approved which allows any combination of signs which exceed an overall maximum of 125 sq. ft. per use, except as stated by the provisions of this ordinance. D. Standards: 11 ,_'j&e He =relocated to page 18 16 Max. Number: �}e eet 2. wall signs for multi -use buildings or commercial centers: Max. Area: 1.25 sq. ft. per 1 lineal foot of frontage per use to a maximum of 125 sq. ft. per street level uses plus 1 sq. ft. per May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions note &kikewdt-€erg 24 Additions noted in underlined italics I lineal foot of frontage per establishment up to a maximum of 125 sq. ft. for uses not located at street level which are visible from the street, courtyard, or public parking area and which are individually accessible directly from the outside, such as along a common balcony or walkway. Max. Number: 1 per use per outer wall Location: Same as Basic Sign Program Spe_ al Conditions: Businesses with 25 feet may be approved for frontages less than sign area up to 30 sq. ft. An additional sign may be permitted on a wall other than the wall which contains the front entrance, provided said wall faces a public right-of-way and such signage does not exceed one (1,25) square foot per linear foot of frontage for each business, to a maximum of 125 square feet. Zone: Commercial and Industrial 3, Freestanding Monument Signs for commercial centers: Max. Area: 72 sq. ft. Max. Height: 6 feet Changes from 4/11/94 P.C• meeting May 17, 1994 Deletions noted&tfaoee" € Additions noted in underlined 2 5 italics Max. Number: 1 sign per frontage along public streets. tial Conditions: Shall not be counted toward maximum sign area otherwise permitted. Zone: Commercial 4. Civic organization Signs/Institutional Signs/church Signs: a. Freestanding Monument: Max. Area• 16 sq. ft., except that such signs may be 24 sq. ft. in any zone if said sign is located on property with frontage on a public right-of- way in excess of sixty-five (65) feet in width. Such signs shall be located so as to be viewed from said right-of-way. Max. Height: 6 feet Max. Number: 1 per frontage along public streets Zone: All Special Conditions: Copy may be changeable. Sign must not be located within fifty feet of any residential use. b. Wall Signs: Max. Area: 1.25 sq. ft. sign area per 1 linear foot frontage, to a maximum of 125 sq. ft. in commercial zones. Changes from 4/11/94 P.C. meeting May 17, 1994 Deletions noted&fik � 26 Additions noted in underlined italics I sq, ft. sign area per 1 linear foot frontage, to a maximum of 50 sq. feet in residential zones. Max. Number: 1 per frontage on public streets. Zone: All Spe` al Conditions: Copy may be changeable. Must not be located within fifty feet of any residential use. 5, condominium, subdivision or Rental Community sign: Max. Area: 16 sq. ft. Max. Height: 4 ft. configuration: wall or freestanding monument Max. Number: 1 per frontage in excess of 200 ft. Zone: All gpe'_ 1 Conditions: Must not be located within fifty feet of any residential use which is not part of the condominium project, subdivision or rental community located on the property. 6. Freeway oriented signs: ns may be permitted by signs On-Site Freestanding g it in lieu of wall signs which are visible Conditional Use perm freeway right-of-way, provided: from an adjoining a. Such signs are for the purpose of advertising lodging accommodations on-site. Changes from 4/11/94 P.C. meeting May 17, 1994 Deletions noted�� 27 Additions noted in underlined italics b. It can be demonstrated that wall signage for such itself odations cannot be located on the building lodging accomm either in a manner which is visible to motorists traveling in direction along the freeway• ding sig n may not The highest point of a freestan C. of the guardrail of twenty-five (25) feet above the height exceed as measured at the point the freeway (excluding access ramps) nearest to the proposed signage. d. The maximum dimensions of the sign face of a freestanding sign shall be eight (8) feet in height and sixteen (16) feet in width. it'ons• If the site upon which lodging �� Cond in the accommodations contains businesses engaged are located to the place of lodging, such and fuel in addition roved for sale of food uses may also be identified on the freestanding sign app provided that: identified lodging, p of each type is I. No more than one use on the sign• signage is not permitted. 2. Changeable copy 3. The maximum size permitted for a freestanding sign is not exceeded. nstructed or is retained 4. No wall signage is co which is designed to be visible from the freeway for uses identified on the freestanding sign. May 17, 1994 28 Changes from 4111194 P.C. meeting Deletions non4er � 1t Additions noted in 5. Advertising for uses engaged in the sale of food and fuel on a freestanding sign must clearly be subordinate to that of the lodging accommodations. SECTION 112. EXEMPT SIGNS A. Government required traffic and directional signs. B. Official City monument signs located at City limits. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. C. Monument signs on City park grounds or at City facilities. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. D. Entrance/Exit Signs (wall or window): Max. Area: 1 sq. ft. Configuration: Wall or window Max. Number: 1 per entrance plus 1 per exit Special Conditions: Must be consistent in color, background and lettering with other signs on the property. E. Real Estate Signs: 1. Signage shall be located outside of public or private right-of-way Max. Area: 6 sq. ft. Height: 6 ft. above grade Configuration: Freestanding, window (one window sign allowed per lease space) May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 29 Additions noted in underlined italics Number: 1 per property Special Conditions: Signage shall be removed upon sale, lease, rent or withdrawal from the market of the property. May not be used in conjunction with commercial real estate signs. 2, Open House Signing a. Onsite signing: (1) Numerical limitation: not more than four pennants of not more than three square feet each. (2) Such pennants shall be permitted to be placed on the property where the open house is held. No such pennants shall be placed in center medians, over fences or in areas not deemed permitted by this subsection. (3) Such pennants are permitted only during periods when either the property owner or sales agent is present and further subject to the following time restrictions: 9:00 a.m. to 6:00 p.m. (4) One (1) sign indicating that an Open House is presently occurring shall be permitted in the front or side yard setback of the property being offered. b. Offsite Signing: (1) Numerical limitation: Changes from 4111194 P.C. meeting May 17, 1994 Deletions notedSEfikeei "O" 30 Additions noted in .undnrlin� italics (a) Not more than two signs which direct attention to an open house, and where the sign area of each sign does not exceed three square feet when placed at the intersection of two arterial streets or the intersection of an arterial street and a local street; (b) Not more than one sign which directs attention to an open house, and where the sign area of each sign does not exceed three square feet when placed at the intersection of local streets. (2) Such signs shall not be permitted in parkway areas or tree wells. No such signs shall be placed in center medians, over fences or in areas not deemed permitted by this subsection. (3) such signs are permitted only during periods when either the property owner or sales agent is present and are further subject to the following time restriction: (a) 9:00 a.m. to 6:00 p.m. (4) All such offsite signing shall conform to the provisions of this Code. F. Nameplate/Address Sign: Max. Area: 4 sq. ft. Configuration: Wall Max. Number: 2 per building changes from 4/11/94 P.C. meeting May 17, 1994 Deletions notedS"Eeau"em 31 Additions noted in underlined italics Special Conditions: May be illuminated with May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions noted&v&0e"feM 32 Additions noted in underlined italics lighting no greater than 25 watts. G. Hours of Operation: Max.Area: 1 sq. ft. Configuration: Wall or window Max. Number: 1 per use H. Incidental Sign: Max. Area: 1 sq. ft. Configuration: Wall or window Max. Number: 1 per use I. Security Protection: Max. Area: 1 sq. ft. Max. Height: 1 ft. Configuration: Wall or freestanding Max. Number: 1 per property Special Conditions: May utilize pole uprights. J. No Trespassing Sign: Max. Area: 2 sq. ft. Max. Height: 2 ft. Configuration: Wall or freestanding Max. Number: 1 per property Special Conditions: May utilize pole uprights. K. Flags: Max. Area: 12 sq. ft. per flag Max. Height: 6 ft. Max. Number: 2 per property May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions noted&v&0e"feM 32 Additions noted in underlined italics ec'al Conditions: Must represent government body or unit and may be pole mounted. L• Warning Signs as required by Federal, State or City regulations: Max. Area: 4 sq. ft. Max. Height: 4 ft. Configuration: Wall or freestanding Special Conditions: May use pole uprights. M. Signs located within the interior of buildings or the interior of malls, when such signs are incapable of being viewed from the outside of said building or mall. N. The following provisions shall control the placement or proposed placement of signs on public property: (1) No sign shall project over any public walkway, alley, street or public property except as may be expressly permitted pursuant to this section. On private property, in any outdoor area open to the Public, no portion of any sign attached to a building and extending below a height of seven feet above ground level shall project more than six (6) inches from the face of the building. (2) No sign, other than those required for traffic safety or pursuant to law, shall be placed, located or maintained upon any center median of any street, highway or other improvement intended for utilization by vehicular traffic. (3) No sign may be placed, located or maintained in, on or over any public walkway, parkway, alley, May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions notedStge9Vt,,. 33 Additions noted in underlined italics street or any other public property which interferes with the construction, maintenance or repair thereof or of any facilities therein or thereon, including, but not limited to, landscape, hardscape, meters, or irrigation facilities. (4) No sign shall be affixed to any tree or other plant materials located in any public walkway, parkway, alley, street or any other public property. (5) No sign placed on public property pursuant to this Code shall contain more than six square feet of sign area. (6) Only one sign advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed in the public right-of-way on each side of any single block. For the purposes of this section, "block" shall mean that portion of a street lying between the nearest two intersecting or intercepting streets. (7) Any sign advertising, identifying, displaying, directing or attracting attention to, or conveying an idea related to an event which is to occur on a certain date shall not be placed in the public right of way more than 30 days prior to that date and shall be removed not later than 10 days after that date. Section 114. PROHIBITED SIGNS Unless expressly permitted elsewhere in this Ordinance, the following signs are prohibited: May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 3 4 Additions noted in underlined italics A. Any off premises or outdoor advertising sign or billboard placed on private property for the purpose of advertising a business not on the property upon which the sign is placed. B. Flashing, moving, pulsating, or intermittently lighted signs, and electronic reader boards. C. Signs which conflict with or imitate any traffic control devices due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic. D. Animals or human beings, live or simulated, designed or used so as to attract attention to the premises. E. Loudspeakers, or signs which emit sound, odor, or visible matter other than menu boards. F. Signs with mechanical movement. G. Roof signs. H. Projecting signs. I. Permanent pole signs. J. Changeable copy signs, except theatre marquees, civic organization/institutional signs and attraction boards, as specified under the provisions of this code. K. Banners, non-governmental flags, kites, pennant, balloons, or other such advertising devices or displays. L• Signs which constitute a nuisance or hazard due to such factors as location, intensity of light or reflectivity. May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions notedStrikeext-fermi 35 Additions noted in underlined italics M. N. which no longer identify a bona fide business d Signs ns shall be remove remises. Such sig conducted on the p within ninety the business or property by the owner of date. (90) days of the business' closing gns, trailer signs, signs affixed to Vehicle si vehicles parked automobiles, trucks, trailers, or other on any property within the City for the principal Purpose It is a prima fa violation of advertising or display. on the of this section if the advertising medium utilized device, or structure separate from the vehicle is a sign, changeab vehiclle, and if the e, or if the copy is readily square feet in area device or structure exceeds nine street and the vehicle is parked on the street or on the business premises to which the advertising relates or in reasonable proximity thereto and the location of the advertising is reasonable calculated to direct an observer towards the business. It shall be considered al purpose of the parking was the princip that advertising the fact that the vehicle of the vehicle, notwithstanding a daily is driven to and from the business premises on basis-public the property or projecting o. Signs on any Public pro P ermit c right-of-way, except with an encroachment P publi or as otherwise specified in this section• law as in the case of P. Price signs, except as required by or as part of menu and attraction boar s. fuel sales, t Changes from 4/11/94 P.C• mee o 1 S Deletions notedee� May 17, 1994 Additions noted in underlined italics 36 Q. Any sign continuously outlined with individual light bulbs or string of lights, except as otherwise provided by this section. R. Portable signs, unless approved as Temporary Special Event Signs. SECTION 116. NON -CONFORMING 51Ur4b A. INTENT OF PROVISIONS. It is the intent of this Section to recognize that the eventual elimination of certain existing signs that are not in conformity with the provisions of this Section is necessary to insure that the City of Diamond Bar maintains the highest level of visual esthetics and community benefits. B. GENERAL REQUIREMENTS. The following requirements shall apply to all advertising displays which satisfy any of the criteria set forth hereinunder. A nonconforming advertising display shall be an advertising display which is not in conformity with the provisions of this Title. All nonconforming advertising displays may be required to be removed, without compensation, by the City if they satisfy any of the following criteria: 1. Any advertising display originally erected or installed without first complying with all ordinances and regulations in effect at the time of its construction and erection or use. 2. Any advertising display which was lawfully erected and whose use has ceased, or the structure upon which the May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions noted&k ike(mf fere 3 7 Additions noted in underlined italics display has been abandoned by its owner, for a period of not less than ninety (9o) days. The costs incurred in removing an abandoned display may be charged to the legal owner. Abandoned advertising displays shall mean, for purposes of this Subsection, any display remaining in place or not maintained for a period of ninety (90) calendar days which no longer advertises or identifies and ongoing business, product, or service available on the business premise where the display is located. 3. Any advertising display which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within thirty (30) days of the date of its destruction. 4. Any advertising display whose owner seeks relocation thereof and actually relocates the advertising display. 5. Any advertising display for which there is an agreement between the advertising display owner and the city or county, for its removal as of any specific date. 6. Any advertising display which is temporary. 7. Any advertising display which is or may become a danger to the public or is unsafe. 8. Any advertising display which constitutes a traffic hazard. Any on -premises advertising display which does not meet any of the above-described criteria with respect to type and May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions notedSkikeea"e"31 38 Additions noted in underlined italics location shall be permitted to remain for fifteen (15) years from the effective date of the adoption of this ordinance. C. NEW PERMITS. The City shall not deny, refuse to issue or condition the issuance of a business license or a permit to construct a new legal on -premises advertising display upon the removal, conformance, repair, modification or abatement of any other on - premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply: 1. The other display is located within the same commercial complex which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought. 2. The other display is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display. D. ALTERATION OF NONCONFORMING ADVERTISING DISPLAYS. During the fifteen (15) year period during which a non- conforming legally in-place, on -premises advertising display may continue to be used, the City shall not deny, refuse to issue, or condition the issuance of a permit for modification or alteration to the display upon change of ownership of any existing business if the modification or alteration does not include a structural change in the display and does not increase the extent of the non-conformance. May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 'gkikeeut ` ""' 39 Additions noted in underlined italics E. SPECIAL CIRCUMSTANCES; HEIGHT OR SIZE OF ON—SITE ADVERTISING DISPLAYS. No on -premises advertising display shall be required to be removed on the sole inexclusive basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the display or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the display. The owner or user may maintain the advertising display at the business premises and at a location necessary for continued public visibility at the height or size at which the display was previously erected pursuant to all applicable codes, regulations and permits. Such signs shall be deemed to be in conformance with this Title. F. ON -PREMISES ADVERTISING DISPLAY ABATEMENT. The City Council may declare, by resolution, as public nuisances and abate all illegal on -premises advertising displays located within its jurisdiction. For purposes of this Section, illegal on -premise advertising displays shall be those described in Subsection B, above. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. 1. Notice of Hearing. Prior to the adoption of the resolution by the City Council, the City Clerk shall send not less than a ten (10) days' written notice to all persons owning May 17, 1994 Changes from 4111/94 P.C. meeting Deletions not edSWEeeat-feFm 40 Additions noted in underlined italics property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed on the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time and place of the hearing and generally describe the purpose of the hearing and -the nature of the illegality of the display. 2. Posting of Notice. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the display exists. (a) Form of notice. Notice shall be substantially in the following form: NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY Notice is hereby given that on the day of 19—, the City Council of the City of Diamond Bar adopted a resolution declaring a resolution that an illegal advertising display is located on or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the Office of the City Clerk. May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions notedStilEee�tta 41 Additions noted in underlined italics All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Diamond Bar to be held on at a.m./p.m. at ( location ), when their objections will be heard and given due consideration. Dated this day of , 19 Title City of Diamond Bar (b) This notice shall be posted at least ten (10) days prior to the time for hearing objections by the City Council of the City of Diamond Bar. (c) Written Notice of Proposed Abatement. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council shall direct the City Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the legislative body. The City Clerk shall confirm with the County Assessor the names and addresses of all the persons owning May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 42 Additions noted in underlined italics property described in the resolution. The addresses of the owners shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County of Los Angeles poses any charges upon the City for the actual costs of furnishing the list, the City shall reimburse the County, and such costs shall be a part of the cost of abatement assessed against the property owner. The notices mailed by the City Clerk shall be mailed at least ten (10) days prior to the time for hearing objections by the City Council. The notices mailed by the Clerk shall be substantially in the form of notice set forth hereinabove. G. HEARING; CONTINUANCES; OBJECTIONS; FINALITY OF DECISION; ORDER TO ABATE. At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the on -premises advertising display. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the legislative body shall allow or overrule any objections. At that time, the legislative body acquires jurisdiction to proceed and perform the work of removal. The decision of the legislative body is final. If objections have not been made, or after the City Council has disposed of those made, the Council shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution. H. ENTRY UPON PRIVATE PROPERTY. May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 43 Additions noted in underlined italics The enforcement officer may enter private property to abate the nuisance. I. REMOVAL BY OWNER; SPECIAL ASSESSMENT AND LIEN FOR COSTS. Before the enforcement officer takes action, the property owner may remove the illegal on -premises advertising display at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate has been issued, the City Council may, by motion or resolution, further order that a special assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs. J. COST OF ABATEMENT, ITEMIZATION. 1. The enforcement officer shall keep an account of the cost of abatement of an illegal on -premises advertising display in front of or on each separate parcel of property where the work is done. He or she shall submit to the City Council, for confirmation, an itemized written report showing that cost. 2. A copy of the report shall be posted at least three (3) days prior to its submission to the City Council, on or near the City Council chambers door, with notice of the time of submission. 3. At the time fixed for receiving considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. The May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 44 Additions noted in underlined italics City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. K. ABATEMENT BY CONTRACT. The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an itemized account and submit such itemized written report for each separate parcel of property acquired by Subsection J, above. L. COST OF ABATEMENT; SPECIAL ASSESSMENT AND LIEN. 1. Cost of abatement in front of or upon each parcel of property, and the cost incurred by the City in enforcing abatement upon the parcel or parcels, including investigation, bond redetermination, measurement, clerical, legal, and other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide incumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the May 17, 1994 Changes from 4111194 P.C. meeting Deletions no 45 Additions noted in underlined italics lien which would otherwise be imposed by this Section shall not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection. 2. Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. 3. The City shall file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported shall be those used for the same parcels on the Los Angeles County Assessor's Map Books for the current year. 4. The City shall request the County Auditor to enter each assessment on the County tax roll office at the parcel of land. The City Shall further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. The City Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, incremental assessment of Fifty Dollars May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions no 46 Additions noted in underlined italics ($50.00) or more may be made in annual installments, not to exceed five (5) installments, and collected one installment at a time at the time and in the manner of ordinary municipal taxes in successive years. The amount of any delinquent installment shall be subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, but not to exceed six percent (6%) per annum. The City acknowledges that the County Tax Collector, at his or her own discretion, may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of County taxes apply to these special assessments. M. ISSUANCE OF RECEIPTS FOR ABATEMENT COSTS. The enforcement officer may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. N. REFUND OF ASSESSMENTS. The City Council may order a refund of all or part of an May 17, 1994 Changes from 4/11/94 P.C. meeting Deletions notedSlrikeest form 47 Additions noted in underlined italics assessment pursuant to this Title if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the assessment has become due and payable. The claim shall be verified by the id the assessment or by the person's guardian, person who pa conservator, executor or administrator. 14\1011\SIGNORD\DB 6.6 June 10, 1991 48 48 STICKERS FOR FILING SEE CITY CLERK'S BOOK FOR FILING SYSTEM 0120-30 20 30 T&T COMMITTEE MEETINGS -FILE MINUTES AND AGENDA TOGETHER 0410 14 CITY COUNCIL PACKETS 0810 30 GRADING PLANS 0820 15 CAPITAL PROJECTS FOR STREETS SIDEWALKS, CURBS GUTTERS, DRIVEWAYS 0820-20 HANDICAPPED RAMPS 0820-40 MEDIANS, ISLANDS LANDSCAPING PC RESOLUTION NO. 94-7 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 REVISED SIGN STANDARDS WITHIN THE CITY SIGN CODE RELATED TO TEMPORARY SIGNS AND MONUMENT SIGNS (CASE NO. SCA 94-1) . A. Recitals. (i) The City of Diamond Bar has determined that the existing Interim Temporary Sign Ordinance is due to expire July 7, 1994 and the elements contained within the interim ordinance are suitable and appropriate for the City and are applicable within the City of Diamond Bar. The existing Los Angeles County Code, as adopted and amended by the City of Diamond Bar, restrict for the placement of temporary signs which contribute to deleterious conditions within the City. (ii) The City Council has charged the Planning Commission with development of amendments to the list of permitted signs which constitute, promote, and establish for the City landuses which satisfy the aspirations and expectations of the City of Diamond Bar. (iii) The Planning Commission has reviewed the proposed amendments to the standards and the list of proposed signs 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 list of permitted and conditionally permitted signs attached hereto as Exhibit "A": and 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 balancing land uses 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 revised permitted and conditionally permitted signs within 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 Ordinance 5(1991) Sections 100 through 114 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 15061(b)3 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 detrimental to or interfere with the contemplated General Plan of the City of Diamond Bar and that such project is consistent with the contemplated General Plan. 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 the recommended Sign Ordinance to the City Council for their review and consideration. PASSED, ADOPTED AND APPROVED THIS 11th of April, 1994. Lydia Plunk, Vice -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 11th of April, 1994, by the following vote -to -wit: AYES: [COMMISSIONERS:] Flamenbaum, Fong, Plunk, and Schad NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Meyer Secretary to the Planning Commission April 11, 1994 Page 14 CDD/DeStefano, per direction of the Planning Commission, stated that staff will schedule a study session, prior to the joint session of the City Council and Planning Commission, to help prepare the Planning Commission. It has been strongly recommended that the Planning Commission also visit the site as soon as possible. ICA/Montgomery, in response to Acting Chair/Plunk, explained that the Planning Commission will be part of the final decision in the joint session with the City Council. C/Schad commended the efforts of DBA in boxing some of the prime tree specimens on site, and the -gathering of the fruit and seeds to re-establish some of the vegetation in the disturbed areas. RECESS Acting Chair/Plunk recessed the meeting at 9:15 p.m. RECONVENE Acting Chair/Plunk reconvened the meeting at 9:27 p.m. PUBLIC HEARING 5. Zone Code Amendment No. 94-1 AP/Searcy reported that Zone Code Amendment (ZCA) No. 94-1 is a request to amend certain provisions of the Diamond Bar Code pertaining to the City's Sign Ordinance, and requesting an amendment, including but not limited to, the use of temporary signs including banners and inflatable signs. He stated that the City Council approved the final extension of Interim Ordinance No. 2B (1992), on June 15, 1993, thus extending the life of the ordinance originally adopted June 2, 1992. He stated that there is no opportunity for the City to extend this interim ordinance, which expires July 7, 1994, in its present form. He then reviewed staff's analysis of the use of the interim ordinance, as outlined in the staff report. It is recommended that the Planning Commission direct staff to forward a recommendation of approval to the City Council to amend the City Sign Code to include the Temporary Sign section as amended. Additionally, staff recommends that the Planning Commission direct staff to bring the Sign Code in its entirety back to the Commission to address additional concerns. He then reviewed the following recommended changes to the temporary sign ordinance: Section 108 b.(9), letters a -h, Section F to read that the total number of available days for temporary signage would be increased from 60 to 90 days; and section 108 a. to add part (6), the free standing monument sign section relating to 6 foot 24 square foot sign, or April 11, 1994 Page 15 individual commercial users, be removed from the plan sign program section 110 d. (1) and moved to part 6, 108 (a). C/Schad, noting that many temporary signs are more offensive than permanent signs, suggested that there be some provision addressing the aesthetic appearances of temporary signs. Acting Chair/Plunk declared the public hearing opened. There being no one wishing to speak, Acting Chair/Plunk declared the public hearing closed. Moved by C/Flamenbaum, seconded by C/Schad and carried unanimously to adopt the Resolution recommending approval to the City Council to amend the City Sign Code to include the Temporary Sign section as amended. C/Flamenbaum requested that a table of contents/index be included in the Sign Ordinance. PLANNING COMMISSION ITEMS 6. Future Planning Commission Agenda Items CDD/DeStefano reviewed the listing of future major Planning Commission agenda items, as presented in the memorandum to the Planning Commission for information purposes only. INFORMATIONAL ITEMS 7. Verbal Presentation on the Status of the South Pointe Master Plan CDD/DeStefano reported that staff, per the direction of the City Council, established a public hearing on May 2, 1994 for further consideration of the South Pointe Master Plan project by the City Council with the Planning Commission. He stated that the purpose of the public hearing is to receive the latest information from the developers and all the interested parties with the possibility of looking at alternatives to the project. ICA/Montgomery explained that a proposal has been submitted on the exchange of properties which are, to some extent, subject to open space restrictions and park dedications. Therefore, the proposal must go before the Planning Commission prior to City Council review. Acting Chair/Plunk questioned how a proposal never considered by the City Council following Planning Commission deliberation can be brought back to the Planning Commission for reconsideration. ATTENTION LEGALS PLEASE ADVERTISE MONDAY, APRIL 25, 1994 CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that a public hearing will be conducted by the City Council on Tuesday, May 17, 1994 at 7:00 p.m., or as soon thereafter as the matter can be heard in the Auditorium of the South Coast Air Quality Management District, located at 21865 East Copley Drive, Diamond Bar, California, for the purpose of amending certain provisions of Title 22 of the Los Angeles County Code, as heretofore adopted and amended by the City of Diamond Bar, pertaining to the City's Sign Ordinance. This action is a City i� st amending provisions, including but not limited allowing the use of temporary signs (banners and inflatable signs) as would otherwise be prohibited. In accordance with the California Environmental Quality Act (CEQA), as amended, and the administrative regulations promulgated thereunder, the City has determined that the project (Zoning Ordinance Text Amendment) is exempt from CEQA pursuant to California Code of Regulations Section 15061 (b) (3). ALL INTERESTED PERSONS are invited to attend said hearing and provide their comments and testimony on the matter specified above. Applicant: City of Diamond Bar 21600 East Copley Drive, Suite 100 Diamond Bar, CA 91765 FURTHER INFORMATION may be obtained from the City of Diamond Bar, 21660 East Copley Drive, Suite 190, Diamond Bar, California or by calling (909) 860-2489. Dated: April 18, 1994 Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA NO. d AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: June 7, 1994 REPORT DATE: June 2, 1994 FROM: James DeStefano, Community Development Director TITLE: Second Reading of Ordinance No. SAno199o) exceed 90gthe days per calendarordinance year, allow orpo�t� variety temporary signs to be displayed for a period refundable deposit for display of temporary signs and to expedite the monument sign review. SUMMARY: On May 17, 1994, the City Council conducted a public hearing to consider amending the Sign Ordinance to allow the placement of certain temporary signs (banners, streamers, and inflatables) as had been allowed under Interim Ordinance No. 2 (1992). The City Council approved for first reading of Ordinance No. 5A (1991). RECOMMENDATION: It is recommended that the City Council approve second reading and adopt Ordinance No. 2 (1994) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE 22, AS HERETOFORE , � CERTAIN � �INING TO 1�HE LOS ANGELES COUNTY CODE, AS REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR. LIST OF ATTACHMENTS _ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) — Agreement(s) Other EXTERNAL DISTRIBUTION: CHAMBER OF COMMERCE SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Ten nce L. Belange Frank sher City Manager Assistant City Manager X Yes _ No MAJORITY X Yes No _ Yes X No Yes X No Jes DeStefano Community Development Director ORDINANCE NO. 5A (1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR. A. Recitals. (i) The City Council of the City of Diamond Bar heretofore adopted Ordinance 5 (1991) in its entirety as the Sign Code of the City of Diamond Bar. (ii) It is the desire of the City Council to amend said Code to provide for sign regulations which provide standards for SIGNAGE within the City of Diamond Bar which satisfy the aspirations, goals, and expectations of the City of Diamond Bar. (iii) The Planning Commission of the City of Diamond Bar has extensively considered the proposed sign ordinance a public hearing and has, after due consideration, recommended that the ordinance be adopted. (iv) 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. Division 1 of Title 22, Chapter 22.66, pertaining to sign regulation, shall be amended, and shall read, in words and figures, as set forth on Exhibit "A" hereto, and shall be incorporated herein by reference as if fully set forth. 1 Section 2. All provisions of the Los Angeles County Code, as adopted, which contradict or which pertain to, signage regulated by amended Chapter 22.66 are hereby repealed in their entirety. Any provision, section or regulation which does not contradict or expressly pertain to signage regulated by new chapter 22.66 shall remain in full force and effect notwithstanding the adoption of this ordinance. Section 3. Each provision of Chapter 22.66 shall apply, to' the extent permissible under other laws, to all sign permit applications, development applications or other requests for entitlements pertaining to or involving signs, to the extent such are regulated by Chapter 22.66, to all such requests or applications initiated subsequent to the effective date of this ordinance. Section 4. Penalt for violation of ordinance. It shall be unlawful for any person, firm, partnership, corporation or entity to violate any provision, or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, corporation, or other entity violating any provision 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. It shall constitute a continuing violation unless and until the violation is abated and shall be punished accordingly. 2 Section. 5 Civil Remedies available. The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of nuisance. Section 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 7. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. ADOPTED AND APPROVED this 17th day of May, 1994. Mayor 3 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 17th day of May, 1994, and was passed at a regular meeting of the City Council of the City.of Diamond Bar held on the 17th day of May, 1994, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST City Clerk of the City of Diamond Bar 2 _ The City of Diamond Bar announces discounts on Foothill { MTA Joint (Foothill 1 MTA) Metrolink Rail passes for eligible Diamond Bar residents 20% discount for students and the general public 50% discount for seniors and the physically challenged Transit passes will be sold beginning June 1 Monday - Friday, 8:OOam - 5:OOpm at Diamond Bar City Hall 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 For more information, please call (909) 396-5671 FUNDED BY PROP A MINUTES OF THE CITY COUNCIL DRAFT REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 19, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:07 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Ansari and Miller. C/Papen arrived at 7:30 p.m. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Development Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PROCLAIMED MAY 1-7, 1994 AS "HIRE A VETERAN WEEK.-- 2.2 EEK."2.2 PROCLAIMED APRIL 17-23, 1994 AS "NATIONAL LIBRARY WEEK." 3. PUBLIC COMMENTS: Curtis Postel, 531 N. Deep Hill Rd., member of the MRF Committee, presented an update on the current situation regarding the City of Industry's proposed Materials Recovery Facility. Oscar Law, Pathfinder Rd., requested clarification as to whether or not Arciero & Sons were ordered by the court to donate park land to the City as a result of cutting down oak trees in Sandstone Canyon last year. M/Werner requested staff to provide a response to Mr. Law's inquiry at the May 2, 1994 Public Hearing. Red Calkins, 240 Eagle Nest Dr., suggested that the newly elected Council members resign because the political situation in the City has not improved as promised. M/Werner stated that he has attempted to be as fair as possible to everyone concerned. Wilbur Smith, 21630 Fairwind Ln., expressed concern that the Council is being asked to overturn their decision to rescind the voting rights of the developers on GPAC, even though the majority of GPAC feel only citizens should participate in the review and decision making process of the General Plan. Don Gravdahl inquired if City On-line, to reduce trips to City Hall because it can be utilized in the registration of recreation programs and obtaining building permits, qualifies the City to receive monies from the AQMD. CM/Belanger stated that the City utilizes funds from AB2766, which provides monies to communities to reduce the generation APRIL 19, 1994 PAGE 2 of adverse air quality through reduction of vehicular trips, to fund the activities related to City On-line in an effort to affect trip reductions, as required under Regulation 15 admin- istered by the AQMD. He explained that the Warrant Register includes a payment to the purveyor of the software to custom- ize and install software to be used for registration of recreation programs, which will be paid for by revenues from AB2766. Don Gravdahl inquired if AB2766 could be used toward expanding the rideshare program by utilizing the City On-line bulletin board. CM/Belanger stated that any viable program involving tele- commuting would be eligible for AB2766 monies. Nick Anis, speaking on the telephone from Denver, Colorado, concerned about miscommunications regarding City On-line, made the following statements: there are 252 registered users and 500 anonymous users of City On-line; there have been 8,969 phone calls made to City On-line; there have been 8,904 messages posted on City On-line on a variety of topics; City On-line office automation expenses account for $16,598, of which $6,084.19 was spent on hardware and software for the purpose of improving the City's information network; no general fund monies have been used on this system; and City On-line has been fully operational for the last 3 months. Barbara Beach-Courchesne, referring to an item on the Warrant Register approved at the last meeting for $488.22 used to copy recall petitions, questioned the reason for copying the recall petitions, and if the hired security guard accompanied the individual who copied the recall petitions. She then inquired how it can be assured the hired security guard will honor the confidentiality of those who signed the petitions. Continuing to refer to last meeting's approved Warrant Register, she inquired what the $4,000 expenditure for recall petitions was for. She expressed concern that allowing Mr. Anis to communi- cate by phone set a precedent for future use by those person- ally unable to attend Council meetings. M/Werner, acknowledging that the procedure was unique, stated that he does not object to the City further outreaching to the community to those unable to attend meetings. He explained that Mr. Anis, who was very instrumental in developing City On-line, knowing that he would be out of town, expressed a desire to have an opportunity to respond to many of the con- cerns raised regarding the system. CM/Belanger, responding to the inquiries made by Mrs. Beach- Courchesne, explained that he authorized the photocopying of the recall petitions to provide a measure of security to verify that the petitions returned from the L.A. County Registrar of Voters were the same as what was sent to them. He further explained that City Clerk Burgess was present the APRIL 19, 1994 PAGE 3 entire time the petitions were being copied, which were copied face down to maintain the confidentiality of the signatures. He stated that the firm who made the copies have indicated their willingness to provide affidavits as to what they did not see in relationship to the petitions. M/Werner requested staff to secure those affidavits to clear the issue. Michael Lowe pointed out that approximately $800,000 in volunteer time and money was donated toward developing City On-line. He expressed concern that the General Plan was not brought to the ballot as was promised during the campaign for City Council. He also expressed concern that there have been no reports made by the committees of the City Council as now required by the Brown Act. He questioned why Councilmembers Papen and Miller have been relegated to only five or six of the approximate 30 committees of the City Council. C/Papen stressed the importance of having participation of different view points of the City Council equally on the Council committees. C/Miller stated that the City Council cannot accomplish City business unless the Council works toward being and acting responsible, as indicated in the Mission Statement. M/Werner requested staff to include signature lines for each Council Member at the bottom of the Mission Statement to signify each Member's endorsement of the Mission Statement and best effort to comply with it. Max Maxwell inquired if a guard was hired for the counting of the referendum signatures. CM/Belanger stated that a guard was not hired for the referendum signatures, but copies of the referendum signatures were made by staff in City Hall and maintained in the City Clerk's custody. Dr. Rhodes noted that Mrs. Beach-Courchesne's inquiry regarding a $4,000 expenditure approved on last meeting's Warrant Register was not answered by staff. CM/Belanger stated that staff will investigate the item and report back to the Council at the next meeting. Frank Dursa, 2533 Harmony Hill Dr., stated that the Council set a precedent allowing individuals to call and make comments if they are unable to attend a meeting. 4. COUNCIL COMMENTS: C/Papen stated that the City's 5th Anniversary Event was successful. She announced that the YMCA would have a Walk -for -a -World -of -Reasons walk-a-thon on April 23, 1994 at 12:00 noon and challenged all Councilmembers to APRIL 19, 1994 PAGE 4 participate. She also announced a library book sale on April 23, 1994 which would continue until 4:00 p.m. She reported that funding for paratransit for 1994/95 will be discussed at the next Metropolitan Transportation Authority committee meeting, which includes consideration of approximately $40,000 for Diamond Bar's paratransit program. She then expressed support for City On-line. C/Miller read a letter, dated April 12, 1994 from the Fair Political Practices Commission (FPPC) indicating that the Enforcement Division determined to close the matter, without enforcement action, regarding a complaint made that conflict of interest prohibitions were violated when he voted on the South Pointe Master Plan. C/Ansari urged the public to contact Sen. Hill supporting the benefit assessment tax district bill to help support the funding of libraries. She commended staff on the success of the City's 5th Anniversary Celebration, as well as organizing the emergency preparedness unit. She then requested the ad hoc committee to develop a set of courtesy rules for people using City On-line. MPT/Harmony commented on the success of sidewalk City Hall and the many people who have participated in the process. He stated that he is not against City On-line, but rather is con- cerned with spending more money on a system until it can be proven and membership can be increased. He stated that, even though monies are received through a grant, there is compe- tition for those same dollars by other programs such as crossing guards, library funds, police, etc. He then announced that there is a need for host families for Japanese Junior College women who will attend classes at Pitzer College in Claremont May 18, 1994 through July 23, 1994. Those inter- ested should contact Phyllis Soto at 861-9594. He suggested that the Council direct the City Attorney to prepare a letter to the developer who remodeled the home of Ms. Barbara Thompson, who spoke in the last meeting, requesting the prob- lem be corrected or the matter will be turned over to the District Attorney's office. M/Werner reported that the meeting organized by the Citizens Against Crime, formed in response to a recent assault on a D.B. family, was very informative. He reported that he attended the follow-up meeting at Ronald Reagan Park that was led by Assemblyman Horcher and attended by the Sheriff's Department, to answer questions of the neighborhood. He suggested that staff investigate the feasibility of establish- ing a citizen's patrol, as was suggested at the meeting. He then asked support from the Council on an item overlooked on the last meeting's agenda --to have staff authorize an expenditure of less than $10,000 for supplemental and environmental work necessary to answer questions and issues surrounding the South Pointe project. APRIL 19, 1994 PAGE 5 C/Papen, opposed to the expenditure, pointed out that the requested analysis had already been done as part of the EIR prepared for and discussed by the City Council. She stated that it is not appropriate to request to have reports re -done because they were completed during a previous Council administration. MPT/Harmony and M/Werner stated that they did not object to having the report done. C/Ansari noted that the report is to address the continuation of the animal and wildlife corridor. M/Werner pointed out that there were some technical issues raised during the public hearing proceedings at the Planning Commission that could be further addressed, and issues raised as a result of development options that were not adequately addressed in the EIR. C/Papen pointed out that a 4/5 vote is needed to take an emergency action to place the issue on the agenda for discussion. ICA/Montgomery stated that brief comments are allowed on an item not on the agenda as long as an action is not taken. He confirmed that a 4/5 vote of the City Council is needed to place the item on the agenda for action. M/Werner indicated that he was not seeking a vote of the City Council on this matter. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - April 25, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 GENERAL PLAN ADVISORY COMMITTEE - April 26, 1994 - 7:00 P.m., Heritage Park Commun. Cntr., 2900 S. Brea Canyon Rd. 5.3 PARKS & RECREATION COMMISSION - April 28, 1994 - 7:00 P.m., Heritage Park Commun. Cntr. , 2900 S. Brea Canyon Rd. 5.4 CITY COUNCIL/PLANNING COMMISSION MEETING - May 2, 1994 - AQMD Auditorium, 21865 E. Copley Dr. Re: South Pointe Master Plan 5.5 CITY COUNCIL MEETING - May 3, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Ansari requested that minutes of the regular meeting of March 23, 1994 be amended on page 13 to include an additional statement to read, "She also stated that she and MPT/Harmony were not present during the lawsuit, but were present during the months it was settled, and the newly elected Councilmembers decided it would be in the best interest of the City to settle the law suit." APRIL 19, 1994 PAGE 6 C/Miller requested Item 6.2, Voucher Register, be pulled from the Consent Calendar. C/Miller moved, MPT/Harmony seconded to approve the Consent Calendar amending the Minutes of March 23, 1994 and removing 6.2, Voucher Register. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES - Adjourned Regular Meeting of March 23, 1994, as amended. 6.3 REJECTED CLAIMS FOR DAMAGES: 6.3.1 FILED BY STATE FARM INSURANCE ON MARCH 31 1994. , 6.3.2 FILED BY OAK TREE LANES INC/OAK TREE FUND ONE ON MARCH 24, 1994. Rejected the requests and referred the matters for further action to the City Attorney. 6.4 APPROVED NOTICE OF COMPLETION - GOLDEN SPRINGS DRIVE CONSTRUCTION/REHABILITATION PROJECT BETWEEN BREA CANYON ROAD AND GRAND AVENUE. 6.5 APPROVED NOTICE OF COMPLETION - IRRIGATION MATERIALS AND TREES AT GRAND AVENUE AND ROUTE 60 FREEWAY PROVIDED BY MARINA CONTRACTORS, INC. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.2 APPROVED VOUCHER REGISTER DATED APRIL 19, 1994 - C/Miller requested clarification as to why the Voucher Register item was initialed indicating an objection. MPT/Harmony stated that he initialed the Voucher Register objecting only to the $1,900 expenditure for the City On-line program, but not for the Voucher Register in its entirety. CM/Belanger explained that the $1,900 expenditure, which is 50% less than what the firm normally charges, is to pay for installation of software provided in preparation for recreation registration. C/Miller, referring to another item on the .Voucher Register, questioned the appropriateness of authorizing the City Attorney to attend the Sheriff's breakfast at a cost of $187.50, particularly when there was concern that APRIL 19, 1994 7. PAGE 7 he, as a Council Member, was frivolous for spending $120 of taxpayers, money in the last two years. CM/Belanger explained that ICA/Montgomery was invited to the breakfast to introduce him to Sheriff Department staff. C/Papen withdrew her expenditure request for $398.88 to the Windham Hotel for the California Contract Cities Assn. meeting next month reducing the Voucher Register to $299,842.15. C/Miller moved, C/Ansari seconded to approve the Voucher Register as amended, noting MPT/Harmony's objection. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None CONTINUED PUBLIC HEARINGS: 7.1 RESOLUTION NO. 94-17: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE SECTION 65089 - ICE/Wentz reported that, in compliance with the 1993 Congestion Management Program (CMP) for L.A. County, the City is required to adopt a resolution, by May 1, 1994, self -certifying conformance with the CMP. M/Werner opened the Public Hearing. With no testimony offered, M/Werner closed the Public Hearing. C/Miller moved, C/Ansari seconded to adopt Resolution No. 94-17 entitled: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE 65089. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS — None 7.2 ORDINANCE NO. 02(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS - CDD/ APRIL 19, 1994 PAGE 8 DeStefano reported that the Planning Commission drafted a Property Maintenance Ordinance designed to respond to complaints received by the City regarding deteriorating conditions of residential, commercial and industrial property, for the Council's review and approval. He stated that the Ordinance is similar in concept to Chapter 99; however, it is more generalized, covering the same basic issues in a more broad-based manner, stands separate and distinct from the Uniform Building Code and the current Uniform Housing Code and establishes a different method of appeals, notices and processing for abatement of nuisance issues. He stated that staff noticed the Public Hearing in accordance with State and local requirements and sent letters and notice of avail- ability, if not copies of the working draft, to approxim- ately 65 people on a mailing list who indicated an interest in the project. He stated that staff received communications from three residents generally supporting the document with some suggested changes, as outlined in the staff report. C/Miller, referring to the provision requiring a paved parking lot in industrial areas for motor vehicles, suggested a statement be included, "unless otherwise approved by the City Council," thus allowing some discretion by the Council, particularly for existing uses such as the R.V. park on Brea Canyon. M/Werner opened the Public Hearing. Robert Zirbes, President, Diamond Bar Improvement Assn. (DBIA), presented a video illustrating deteriorating conditions of homes throughout the City. He stated that the DBIA has difficulty enforcing CC&R's because of a lack of a Property Maintenance Ordinance or tools for the Code Enforcement Officer to correct some of these prob- lems occurring in neighborhoods. He stated that enforce- ment procedures in the Property Maintenance Ordinance (PMO) are effective and will be easier to enforce than Chapter 99, particularly since it does not include an enforcement requirement determining that there is a sub- stantial decline in property values of the neighboring properties. He stated that it is important that the Council act to protect property values, restoring the integrity of the City's local neighborhoods. Rick Imperial, 1318 Crestmont Dr., stated that a PMO is desired to address problems of deteriorating conditions of homes throughout the City, such as the one in his neighborhood which is a nuisance and is declining property values in the area. Oscar Law, in general support of the PMO, asked the City Council to consider the following items: delete the last three words from paragraph 22.540.40 Public Nuisance, on APRIL 19, 1994 PAGE 9 page 4; omit "dismounted camper shells" from section 22.54.110 on page 7; define "wall and fence" as indicated on page 7, item c: allow three commercial vehicles or trailers to be parked on driveway as indicated on page 7, item b; the statement "Failure of any person to receive a notice..." on page 21, item 3, should be deleted because a family may be on an extended vacation; and item 22.54.520, Continuing Violations, page 33 should be changed to read "It shall constitute a violation of or failure to comply with..." C/Papen pointed out that a dismounted camper shell can be stored in the yard behind a fence. She asked Mr. Law to further clarify why he feels three commercial vehicles or trailers should be allowed to be parked in a residential lot or parcel for 72 hours. Mr. Law stated that the side yards of many older homes are not wide enough to store a camper shell; therefore, they should be able to store them in the front yard. In regard to allowing three parked commercial vehicles or trailers, he explained that the PMO should account for incidents where families operate a business requiring three commercial vehicles that may need to be parked in the driveway for a long weekend. In response to M/Werner, Mr. Law stated that he would be satisfied with a definition of a "wall or fence" included in the Definition section. M/Werner asked if the Council concurred to grant a request made by William Lenny, Jr., a candidate for the County Assessor's Office, to speak during Public Comments. Don Fisher,, 465 Bregante Dr., expressed support of the PMO. R.L. Callard, 24105 Palomino, in support of the PMO, expressed concern regarding the condition of two homes in his neighborhood. Joe Larutta expressed support of the PMO, particularly for allowing R.V.s on a paved driveway. Ron Naman, 2421 Castle Rock Rd., stated that in general he supports the PMO. He expressed concern that the enforcement provisions of the PMO will need to be more strongly defined to address deteriorating conditions of discarded junk behind a temporary fence or a facade. He displayed photos of existing problems occurring on some properties. M/Werner was surprised by the conditions illustrated by the photos presented by Mr. Naman and questioned why the APRIL 19, 1994 PAGE 10 City is without remedy to remove what appears to be public nuisances and health and safety hazards. CDD/DeStefano stated that, without the specifics or history of each of the cases presented, it is difficult to discuss possible enforceable tools that may be available. Kim Weingarten, speaking on behalf of the 22601 Sunset Crossing Little League, expressed concern that the PMO would require the Little League to pave the gravel driveway they have used for many years. John Forbing, Charwood P1., expressed support for the PMO as written, noting the appeal process to consider unusual circumstances. He further noted that the longer a com- munity waits to address these deteriorating conditions, the harder it is in the future to enforce such provis- ions. Jean Alexander, 3176 Hawkwood, spoke in support of the PMO, stated that she has noted the increase in the deterioration of property throughout the City. With no further testimony offered, M/Werner closed the Public Hearing. M/Werner questioned whether or not the Little League dirt parking lot and the RV gravel parking lot, which are legal uses pre -dating incorporation, would be permitted to have dirt parking today. CDD/DeStefano stated that if a similar use was requested today, staff would require paved parking surfaces; however, if the applicant requested something other than paved parking surfaces, the Planning Commission would consider the request through the public review process. He stated that, in the two specified cases, the original CUP, which granted approval, would be the controlling standard; however, he noted that the intent of the Planning Commission was not to attach the PMO to those kinds of existing land uses, but to deal with those areas that have demonstrated deterioration as a result of lack of maintenance from the owner or occupant. C/Miller suggested that the PMO include the statement, "unless otherwise approved by the Planning Commission and/or City Council" to paragraph (a) on page 16, to clarify the issue and indicate that there can be exceptions to the provisions. City Council concurred. CDD/DeStefano recommended that subsection (b) on page 16, of 22.54.330 be eliminated to clarify that it may be APRIL 19, 1994 PAGE 11 appropriate to allow parking for a longer period of time in industrial areas. M/Werner concurred that the words "wall and fence" on page 7 should be further clarified. CDD/DeStefano suggested that the phase "an approved view - obscuring wall or fence" be added to the last line of subsection (c) on page 7. He noted that "view obscuring" would have to be defined to determine if a total obscuring is desired, or if a partial obscuring is acceptable, such with a chain link fence or wrought iron fence. C/Miller suggested the wording, "... shall_be screened by an approved wall or fence that prevent view of the ... being stored in the side yard" with the intent to prevent view and/or making a reasonable effort to screen it. Council concurred. M/Werner, referring to the suggestion relating to "dismounted camper shells," questioned why dismounted camper shells can't be placed in a garage or a side yard. C/Papen, noting that dismounted camper shells could be stood up on end if the side yard is narrow, stated that the provision should remain as written. M/Werner suggested a permit process for special cases, or hardship cases, that would notify surrounding property owners and have a due process procedure. ICA/Montgomery noted that pages 22 and 23, Abatement, provides for an extension of time to perform, and a discretionary approval to extend the length of time based upon a finding of special circumstances, and exceptional characteristics. He stated that a variance paragraph procedure can be provided to allow an individual to make a demonstration of exceptional circumstances. C/Papen noted that there should not be many residential neighborhoods having people who need to park three commercial vehicles plus a private vehicle in their driveway or in front of their house. She stated that the provision should be left as written, and can be reconsidered if, in a year, there are incidences where it is justified. ICA/Montgomery, in response to M/Werner, stated that a CUP provision could be included to allow the property owner an opportunity to state the merits of his case seeking an exception to the provisions for a specified term. APRIL 19, 1994 PAGE 12 C/Papen pointed out that it is not necessary to include a CUP provision in the Ordinance because it is already an. option available to everyone. ICA/Montgomery stated that he will verify that opinion with CDD/DeStefano and report back to the Council. C/Miller, noting the late hour, suggested that the Council determine which items would be heard so that people will not be kept waiting. CM/Belanger, at the request of M/Werner, stated that item 8.1 need not be considered by the Council because it had been verified that the Council in a motion at the last meeting had reconsidered VTM 47850 in accordance with the agreement. He stated that staff recommends that the Council consider the following items: Item 8.2 regarding Chapter 99; 8.6 regarding adjustment of staff salaries and benefits; and 9.1 regarding the Grand Ave/Diamond Bar Blvd. intersection modification. He stated that it is recommended that 8.5, Sewer District, be held over to the May 3 meeting, and any comments from the public can be directed to the City Manager or Engineering. MPT/Harmony stated that, in future meetings, the Council should finish City business, regardless how full the agenda is. M/Werner stated that there will be some changes suggested at the next meeting. He suggested that the Council finish with their discussion regarding the Property Maintenance Ordinance. ICA/Montgomery, in response to C/Papen's concern regarding the second sentence under Public Nuisance, page 4, stated that the language was taken directly from the Code Section and should be left as is. C/Papen requested clarification as to why the statement, "Failure of a person to receive a notice shall not affect the validity of the proceeding...", page 21, paragraph 3, was included. ICA/Montgomery explained that the statement is included to address those people who are very successful in dodging notices. He stated that there is another pro- vision in the law to address those people who actually never received notices. He noted that if a family is on vacation, someone usually picks up their mail or it is forwarded. In response to C/Papen's inquiry if the statement on page 33 regarding continuing violations should remain, ICA/ Montgomery stated that he had suggested to the Planning APRIL 19, 1994 PAGE 13 Commission that the statement could be deleted because the policy is to eradicate the situation, not to penalize people. He stated that it could be amended to indicate that the violation will continue unless and until it is abated. He explained that the Planning Commission had recommended the language with the idea that a homeowner may be inclined to merely pay the fine and leave the existing problem. The Council concurred to amend the language to indicate "one violation unless and until abated." ICA/Montgomery, in response to M/Werner, clarified the definition of a public nuisance/nuisance per se on page 4. He stated that the second sentence of the definition of public nuisance can be amended to eliminate the phrase "comfort and convenience." The Council concurred to amend the definition of a public nuisance to read, "A public nuisance is an act or omission which interferes with the interest of the community or interferes with public health, safety, and welfare." C/Miller moved, C/Ansari seconded to approve for first reading by title only and waive full reading of Ordinance No. 02(1994) as amended entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: 8.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RECONSIDERING RESOLUTION NO. 92-65 WHICH DENIED VESTING TENTATIVE TRACT MAP NO. 47850 - Wilbur Smith stated that since the tract was denied on the basis of solid geotechnical reasons because it was judged to be a hazard, it should not be re-examined unless the contractor addresses all of the concerns raised previously. CM/Belanger pointed out that the agreement specifically requires that those questions raised relating to the denial of VTM 47850 in 1992 must be answered before a public hearing is set. No action was taken on this matter. APRIL 19, 1994 PAGE 14 8.2 SECOND READING OF ORDINANCE NO. 01 (1994) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, ADDING A NEW CHAPTER 15.38 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988 TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES - ICA/Montgomery stated that Ordinance No. 01 could be adopted immediately as an urgency ordinance since it is a matter of public safety, health and welfare, unless there is a substantial amendment made to the ordinance. C/Papen suggested that the third section on page 4, referring to the time garbage cans can be placed on the street, be amended to be consistent with Ordinance No. 04, Solid Waste, to indicate that garbage cans can be placed on the street from dusk the night before until dusk of the night of collection. ICA/Montgomery stated that the suggested amendment is not a substantial amendment to the Ordinance. MPT/Harmony moved, C/Papen seconded to approve for second reading and adopt Ordinance No. 01(1994), as an urgency ordinance, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, ADDING A NEW CHAPTER 15.38 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPOINTING MAYOR GARY WERNER AND MAYOR PRO TEM CLAIR HARMONY AS DELEGATES TO THE WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP - C/Papen expressed concern that the Council, which already has 21 committees plus approximately 16 liaison relationships with outside agencies, is forming another standing committee which, under the new rules, are subject to the Brown Act. She suggested that the Council re-evaluate the need for these standing committees. She then expressed concern that the same three Council Members are on 26 of those 21 standing committees, which does not lend to full participation of the Council on issues occurring in the City. C/Miller concurred that M/Werner needs to reconsider APRIL 19, 1994 PAGE 15 Council appointments to be more equitably distributed among the City Council. MPT/Harmony also requested to be considered for additional assignments. M/Werner stated that he would re-evaluate the subcommittee list. C/Papen stated that the issue of the Brown Act must also be addressed because standing committees now need to be publicly noticed, with posted agendas and minutes. Barbara Beach-Courchesne expressed support of the new Brown Act and the requirement to better inform the public. Mr. Maxwell also expressed support of the new Brown Act requirement. He supported MPT/Harmony and M/Werner's desire to be appointed to the Wildlife Corridor Conservancy Study Group. Don Schad stated that the Wildlife Corridor Conservancy Study Group is important as far as maintaining the credibility of the natural resources in many cities. C/Papen questioned the necessity of a resolution to appoint a Council Member to a committee. She also questioned why two delegates are being appointed rather than one delegate and an alternate. She noted that two delegates now form a standing committee, and it will be difficult to comply with the Brown Act because the group meets outside City limits and it is not a JPA. ICA/Montgomery stated that, in this case, the body at large is not the group subject to Brown Act requirements; however, the two committee members would be subject to the Brown Act if they meet to discuss the issue or discuss the issue on the phone. He stated that Brown Act requirements would not apply if there is one appointed delegate and one alternate. MPT/Harmony moved, C/Ansari seconded to adopt Resolution No. 94-19 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPOINTING MAYOR GARY WERNER AND MAYOR PRO TEM CLAIR HARMONY AS DELEGATES TO THE WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP and amending it to designate M/Werner as delegate and MPT/Harmony as alternate. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner None None APRIL 19, 1994 PAGE 16 8.4 RESOLUTION NO. 94-18: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING LEFT AND THROUGH LANES ON THE EASTBOUND AND WEST BOUND APPROACHES OF MOUNTAIN LAUREL WAY AT DIAMOND BAR BOULEVARD AND INSTALLING A 100 FEET OF RED CURB ON THE NORTH SIDE OF MOUNTAIN LAUREL WAY BETWEEN SILVER RAIN DRIVE AND DIAMOND BAR BOULEVARD - C/Papen moved, C/Ansari seconded to adopt Resolution No. 94-18 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING LEFT AND THROUGH LANES ON THE EASTBOUND AND WEST BOUND APPROACHES OF MOUNTAIN LAUREL WAY AT DIAMOND BAR BOULEVARD AND INSTALLING A 100 FEET OF RED CURB ON THE NORTH SIDE OF MOUNTAIN LAUREL WAY BETWEEN SILVER RAIL DRIVE AND DIAMOND BAR BOULEVARD. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.5 SANITARY SEWERS IN "THE COUNTRY" - Scott Bening, 2640 Shady Ridge Ln., concerned that staff appears to be providing conflicting statements compared to two years ago, requested clarification as to whether or not a dewatering system is feasible, and if rainfall and irrigation water, along with the septic systems in the surrounding homes, are the main contributing factor to the ground water problem. He then inquired of the process for registering a protest vote to the formation of the sewer district. M/Werner announced that staff will provide responses to all comments made at the May 3, 1994 Council meeting. CM/Belanger stated that staff will assure that each property owner within the proposed district will receive information on what the procedures are for protesting the formation of the district far in advance of any possible Public Hearing. Craig Wiese, 2721 Broken Feather, requested that a benefit analysis be conducted and that the cost of the project assigned to those benefiting most from the district. ICA/Montgomery explained that the reason staff is unable to provide a response regarding the appropriate procedure to challenge the formation of the district is because the type of district that will be recommended to the Council, and what will be accepted by the Council, is not yet known. ICE/Wentz suggested that the item be continued to May 17, APRIL 19, 1994 PAGE 17 1994 rather than the May 2 meeting to allow staff sufficient time to respond to all the questions and concerns, and to interview the consultant firms that have provided proposals. MPT/Harmony suggested that the leaders of the citizens group regarding this issue contact staff to assist in the process. Wilbur Smith, 21630 Fair Wind Ln., pointed out that there is an urgency in the matter because there is a potential for earth movement since the ground is saturated. He stated that the Council has a responsibility to the citizens to resolve this problem inherited from the County. The Council agreed to continue the matter to May 17, 1994. 8.6 RESOLUTION NO. 90-45H: 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 - CM/Belanger reported that an adjustment of salaries and benefits relating to cost of living increases was proposed and included in the budget for FY 1993-94. He stated that the Personnel Committee reviewed the matter and recommended the effective date of the Resolution to be January 1, 1994. C/Papen expressed concern that the City needs to guard its resources carefully. She moved to approve a 3-% salary increase effective March 1, 1994. Motion died for lack of a second. C/Ansari noted that D.B. has only 24 staff members for its 54,000 residents, which is a considerably lower amount when compared to neighboring cities, indicating that the City has been quite cost effective in managing itself. MPT/Harmony moved, C/Ansari seconded to adopt Resolution No. 90-45H entitled: A 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. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - Papen ABSENT: COUNCIL MEMBERS - None 8.7 DISCUSSION RE: AD HOC LIBRARY FUNDING COMMITTEE - C/ Papen suggested that the item be agendized for the next APRIL 19, 1994 PAGE 18 meeting to discuss the $10,000 funding of materials. City Council concurred. Matter continued to May 3, 1994. 8.8 DISCUSSION RE: STATUS OF GENERAL PLAN ADVISORY COMMITTEE - Dan Wildish stated that GPAC is at a standstill until it receives direction from the Council concerning the voting make-up of the committee. M/Werner stated that the Council provided direction as was discussed at the last GPAC meeting. Mr. Wildish stated that GPAC made a determination at the last meeting to hold off further review until there is an opportunity to discuss the issue in front of the Council. He stated that a concern was raised if the document will have to be reviewed from the beginning since the voting make-up was hanged halfway through the review process. He stated that it is felt that this change affects the entire document and the end product. M/Werner stated that the motion made at GPAC to put aside the decision of the Council failed. Mr. Wildish pointed out that had the developers been allowed to participate in that vote, and had it been done before the break, the outcome would have been different and GPAC would have requested the Council to reconsider their decision. C/Miller stated that he had been told that many members voted against the motion thinking that they would have another opportunity to vote on a similar motion made prior. He expressed concern that, as a result of this change in structure, there are about 10 people ready to resign from GPAC. He then stated that many members of GPAC also expressed concern that they feel the issue was not agendized properly explaining the purpose of the discussion at the Council level. C/Miller moved, C/Papen seconded to put the last General Plan adopted on the ballot, as was requested by the referendum proponents. M/Werner noted that the motion is improper because the item is not agendized. C/Miller pointed out that the decision to change the makeup of the GPAC was also not agendized and a perception was created that a few people can change the decision at the Council level. He stated that the structure of GPAC should have been allowed to have happened throughout the review process. C/Ansari explained that many GPAC members felt there was APRIL 19, 1994 PAGE 19 a strong perception in the community that developers should not have been given voting privileges equal to residents since they do not reside in the City; however, there was a consensus that developers should be given the opportunity to provide input on the issues. Mr. Wildish stated that the objection is not to Council authority to make modifications to the General Plan as recommended by GPAC, but to the intermeddling and influence of the Council in the review process. C/Papen read a letter of resignation from Haji Dayala, one of her appointees to GPAC, which stated that he felt his contribution to GPAC was no longer as effective and productive because the rules of GPAC were changed without consultation or open discussion within the committee. He also expressed concern that the Brown Act may have been violated by these GPAC members. C/Papen then pointed out that the members of GPAC who expressed concern regarding developers, voting rights were all the appointees of one Council Member. She stated that it was improper not to have discussed those concerns openly with GPAC and the Council should reconsider its actions and restore the original membership and voting rights first established. M/Werner inquired if the Council would consider, instead, adding another representative to GPAC from each Council Member, which was a suggestion made at the last GPAC meeting. C/Miller noted that the issue of concern at the GPAC level is not the appointment of more GPAC members but rather the perception that the process is being manipulated by the Council. Max Maxwell expressed his opinion that the ten GPAC members who are boycotting the GPAC meetings are appointees of two Council Members who are trying to manipulate the process. He stated that the GPAC Members should have attended the Council meeting to discuss the issue. C/Papen stated that an issue agendized for discussion must have a brief summary about the business to be discussed to give the public an idea of the issue at hand. She stated that since there was no discussion of any action, as required by the Brown Act, that there would be discussion regarding a change of the composition of the GPAC, then the motion and the vote taken by the Council must be rescinded. ICA/Montgomery stated that the Brown Act amendment, effective April 1, 1994, requires an agenda item to have a general description of the agenda item of not more than 20 words; however, that general description has not yet APRIL 19, 1994 M PAGE 20 been def ined. He stated that it was proper for the Council to discuss the update report of the GPAC, which then led to the action taken of rescinding developers' voting privileges. M/Werner suggested that the item be held over to the next meeting for further discussion, suspending GPAC meetings until the issue is resolved or suspending the effectiveness of the Council's prior action until the issue is resolved. Barbara Beach-Courchesne requested that the item be placed first on the agenda. The Council concurred to bring the item back to the next regular City Council meeting to discuss what GPAC has accomplished and the time frame needed to conclude the process, as well as this issue. It was further requested that this item be moved to the beginning of the next agenda. 8.9 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Continued to May 3, 1994. NEW BUSINESS: 9.1 INTERSECTION MODIFICATION ON GRAND AVENUE AT DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE - CM/Belanger reported that the intersection modification on Grand Ave. at Diamond Bar Blvd. and Golden Springs Dr. is to accom- modate additional design services resulting from the Traffic Synchronization Program. MPT/Harmony expressed concern that a 50% increase to the contract to coordinate with MTA improvements seems excessive. ICE/Wentz explained that the specific service being requested from the design consultants is to include a design modification to those intersections that is necessary as part of the traffic signalization synchron- ization project approved by the MTA. He stated that specific services include a full scope of typical design steps necessary to acquire MTA funds which were not originally included in the Grand Ave. reconstruction project. MPT/Harmony suggested that the committee review this proposal and provide comment to the Council. He acknowledged that the increase to the contract is not 50% but rather 33%. The Council concurred to hold the matter over for two weeks to allow the committee to review the proposal. Continued to May 3, 1994. APRIL 19, 1994 PAGE 21 10. ANNOUNCEMENTS: None 11. CLOSED SESSION: None held. 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 12:00 a.m. ATTEST: Mayor LYNDA BURGESS, City Clerk MINES OF THE ADJOURNED REGULAR MEETING of TrnE cir�r cv RAFT T AND THE PLANNING COMMISSION OF THE CITY OF DIAMOND BA MAY 2, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:07 p.m., in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Ansari and Papen. C/Miller excused himself from participation due to a potential conflict of interest. Planning Commission Chairman Meyer, Vice Chairman Plunk and Commissioners Schad and Fong. C/Flamenbaum arrived at 7:10 p.m. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer and Lynda Burgess, City Clerk. 2. PUBLIC HEARING: 2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 - M/Werner asked if there were any conflict of interest issues involving any member of the City Council or Planning Commission that would preclude them from participating in discussion of this issue. ICA/Montgomery stated that he was unaware of any issues involving a conflict of interest with any member of the Council or Planning Commission. He then noted that C/ Miller voluntarily excluded himself from the hearings due to a potential conflict of interest, and that a concern regarding C/Schad had been appropriately responded to by staff. C/Papen expressed concern that C/Schad, who resides within 300 ft. of the property, is not considered to have a conflict of interest and is participating in the deliberations. ICA/Montgomery explained, that, pursuant to Regulation 18702.3, adopted by the Fair Political Practices Commission under the authority of Government Code 87103, a Commissioner residing within 300 ft. of the property is presumed to have a disqualifying interest in real property unless there is no financial affect on his property. He stated that, according to an independent appraisal obtained by staff to determine whether or not MAY 2, 1994 PAGE 2 there would be an effect on the property, it was found that there is no measurable positive or negative change in the market value of the subject residence if this project or its alternatives are implemented because of the subject's substantial distance in elevation above the proposed project area. M/Werner stated that a student requested to speak prior to presentations made by staff and developers. M/Werner opened the Public Hearing. Jacob Ellis, 21329 Lasso Dr., a student at South Pointe Middle School, expressed support for construction of South Pointe Middle School as soon as possible, but not if the natural habitat of Sandstone Canyon would be sacrificed. In response to MPT/Harmony, Mr. Ellis stated that he obtained 108 signatures from students on a petition protesting the destruction of the canyon. Carolyn Kim, student at South Pointe Middle School, requested that a permanent school be constructed as soon as possible. Richard Eide inquired if the discussion would include the property in the back part of The Country. M/Werner stated that the notification process was defec- tive and that there would be no discussion focusing on the property in the back part of The Country. He asked staff to explain why a complete notification procedure was not conducted. CM/Belanger explained that staff mailed notices for the Hearing on the South Pointe Master Plan, and all related documents, within the required 21 day notice of publica- tion and the 21 day mailing to all property owners located within 500 ft. within the subject proposal, but inadvertently failed to properly notify 300 residents; therefore, the Council is unable to deliberate or make a decision this evening related to matters on the agenda. He recommended that, following testimony, the Council adjourn the meeting to Wednesday, May 25, 1994 at 7:00 p.m., and that the Planning Commission adjourn its meeting to its regularly scheduled meeting of May 23, 1994, which would allow sufficient time to cure the mailing notice defect. C/Papen noted that the mailing notice also did not include notification that the Council would be considering the Grand Ave. property as one of the alternatives; therefore, there should not be any discussion on that alternative this evenin 'J . MAY 2, 1994 PAGE 3 CM/Belanger explained that the defective notice relates to the South Pointe Master Plan, not to the parcel map on lots No.l and 61, which was properly noticed for a Public Hearing by the Planning Commission on May 23, 1994 and recommended for a City Council Public Hearing on May 25, 1994 to consider the parcel map as part of the continua- tion of this particular matter. He stated that since there was a proper published notice, individuals can give testimony this evening for the record; however, the City Council and the Planning Commission should not engage in any deliberation in relationship to the projects until after the appropriate public notice has been given and the meeting relating to that notice has been held. M/Werner indicated that the issues associated with the alternative projects are separate issues and will be discussed at subsequent Planning Commission and Council meetings. ICA/Montgomery concurred that, -as long as no decisions are rendered this evening, it is appropriate for the Council to allow presentations from the developers, accept testimony from the audience, questions of clarifi- cation from members of the Planning Commission and City Council and to consider impacts of cumulative develop- ments in the City. VC/Plunk inquired if it is appropriate to discuss the cumulative effects of the proposal without a General Plan. ICA/Montgomery explained that the cumulative effects can be discussed at anytime because land uses must be balanced against other land uses. He stated that since OPR granted an extension of time for the General Plan, the Council cannot refuse to hear the developers' application and must make a finding based upon the General Plan to be adopted. Chair/Meyer requested staff, during their presentation, to explain why the Planning Commission had been invited in joint session with the Council, given the fact that the Planning Commission already made a recommendation on all of these entitlements for the Council's deliberation. VC/Plunk questioned the appropriateness of ICA/Montgomery representing the City, given his involvement with several lawsuits regarding this issue. She also expressed con- cern over the Planning Commission deliberating on a pro- ject they already reviewed and provided recommendations. ICA/Montgomery stated that both the FPPC and the State Bar have found no conflict with his involvement on this issue. MAY 2, 1994 PAGE 4 MPT/Harmony requested future notices of the Planning Commission and the Council to include the back part of The Country off of Grand Ave. so all issues can be discussed in the same context. He also requested that a notice of interest be sent to residents on Fern Hollow to advise them of the South Pointe Master Plan proposal. In response to C/Schad's inquiry, CM/Belanger stated that all action taken under Ordinance No. 4 and recommenda- tions made by the Planning Commission are valid under the previous analysis done in relationship to Ordinance No. 4. He stated that the extension letter from OPR provides for the Council to hear vesting tentative maps that existed prior to the date of the issuance of the extension letter. Chair/Meyer noted that the Planning Commission concurred in continuing the Public Hearing to its regularly - scheduled meeting of May 23, 1994. M/Werner stated that the Council would close their portion of the Public Hearing and renotice a new Public Hearing to a date around the end of May/beginning of June, depending upon when the AQMD Auditorium is avail- able. He then requested staff to provide a staff presentation. CDD/DeStefano reported that the South Pointe Master Plan is a project proposed to guide the development of about 171 acres within the South Pointe Middle School/ Sandstone Canyon area, which is owned by the following five entities: the City; Walnut Valley Unified School District (WVUSD); Arciero & Sons, Inc.; RnP Development, Inc. and Sasak Corp. The project proposes to develop 30 acres of commercial retail/office space, approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park and construction of a middle school. He stated that the Planning Commission began review of the project in late 1992 and recommended Council approval; however, guidelines of Ordinance No. 4, which the City was operating under in 1993, prohibited completion of the South Pointe Master Plan project and many of its components at Council level. He stated that the Council tabled the project in January 1994 and since that time, the developers, in response to input from the community, have submitted alternative proposals for consideration along with the project of record, which is now before the Council. He reported that the WVUSD, which is in jeopardy of losing $8 million of capital, funds and has construction contract considerations, recently asked the City for assistance to begin construction of the permanent middle school facilities, which requires the removal of about 400,000 cubic yards of dirt from the school site. He explained that the purpose of the Planning Commission's participation is to MAY 2, 1994 PAGE 5 allow them to receive a presentation regarding any proposed modification to the project, and to take any Possible subsequent action as directed by the Council, and/or any other actions necessary to move the project forward and come to a decision. He then reviewed the specific development proposal of record, as outlined in the staff report and reported that alternative proposals to the project of record are designed to encourage preservation of the Sandstone Canyon area for open space purposes. The alternatives are: Alternative One, listed in the staff report as a North/South Canyon Preservation, is a concept trading Arciero & Son's property for the westerly 35 acres of the RnP Development property near Morning Sun Dr., to develop a 103 home project, incorporating a new road access from Brea Canyon Rd., to the middle school. Alternative Two, is listed as an East/West Canyon Preservation, considering preserving the east/west canyon by only permitting the development of the Arciero tract and site; however, this development would affect the blueline stream, which must be permitted by the Army Corps of Engineers and the Department of Fish and Game. Alternative Three is a "no project" alternative, requiring off-site transport of the excess dirt from the School District's property, which may require an addendum or supplement to the WVUSD's certified EIR. Alternative Four would be to certify the EIR, deny the project or specific components of the project presented. Alternative Five would be to continue the discussion of the Master Plan for either further environmental analysis and/or investigation of additional alternatives. In response to MPT/Harmony, CDD/DeStefano explained that the transport of the dirt off the school site is an alternative to moving the dirt into one of the adjacent canyons. He stated that it is staff's opinion that the previously certified EIR did not facilitate or incorporate the removal of the dirt via the local streets and would therefore require an addendum or supplement to that document in order to achieve that environmental certification. He stated that staff does not have information regarding the agreement with the WVUSD and Arciero & Sons. MPT/Harmony pointed out that it seems that WVUSD had agreed with Arciero & Sons to locate the dirt onto Arciero's property. M/Werner stated that not only was there concern with moving the dirt off-site over the existing roads, but there was also concern expressed, during testimony on preparation of the District's EIR, about dumping the dirt into the canyon. In response to C/Flamenbaum, CDD/DeStefano explained that MAY 2, 1994 PAGE 6 Exhibit G in the staff report is Alternative One to Vesting Tentative Map No. 51407, illustrating the 103 homes on the westerly portion of RnP'S holdings. He stated that Exhibit H is the 1991 version of Tentative Tract Map No. 32400, which was provided only as an informational document. He then displayed exhibits, included in the staff report, reviewing each alternative proposal. C/Flamenbaum noted that Alternative Two would require a lot of earth movement off-site. He also noted that the City loses the commercial development and the park with Alternatives One and Two. C/Schad noted that the map on Exhibit 1 indicates that the road off of Brea Canyon would bisect a corner of the Pathfinder Homeowners Assn. (HOA) property. Chair/Meyer questioned why the EIR would have to be modified to expend additional deliberation for the transport of the dirt when the EIR should include the Planning Commission's discussion in the Response to Comment which determined that items such as inadequate roads for truck traffic and opposition from the surround- ing land uses, could not be mitigated to a level of non -significance. CDD/DeStefano explained that staff believes the WVUSD would need to amend their existing certified EIR approved in 1989 in order to accomodate the option of moving the dirt via trucks down the adjacent streets, not the City's EIR currently being processed and before the Council. Chair/Meyer pointed out that even though the WVUSD's EIR is deficient in its discussion about off-site transport, the City's EIR fully discusses the issue; therefore, as long as the City's EIR is certified, the discussion can be incorporated by reference into the WVUSD's EIR. M/Werner requested clarification regarding how the blueline stream would be affected by Alternative One and Two. CDD/DeStefano explained that the road to the school site would cross the blueline stream, in both the proposal of record and Alternative One, thus requiring permits from the Department of Fish and Game and the Army Corps of Engineers. In Alternatives One and Two, the dirt from the school site would be relocated into the canyon, thus immediately affecting the blueline stream. C/Papen, noting that the staff report does not include a map for Alternative Two, requested staff to outline it on one of the other maps, specifying if there is a proposed road from Brea Canyon. MAY 2, 1994 PAGE 7 CDD/DeStefano stated that Alternative Two, which pre- serves the east/west canyon area, does not include a road within that project from Brea Canyon Road through the neighborhood to support the subdivision itself. C/Schad suggested that a dirt haul road through the low part of the hill between Arciero's property and Brea Canyon Road, coming out just north of the high pressure gas pumping plant, would not impact the blueline stream. RECESS: M/Werner recessed the meeting at 8:40 p.m. RECONVENE: M/Werner reconvened the meeting at 8:50 p.m. 2.1 CONTINUED PUBLIC HEARING: DEVELOPMENT AGREEMENT 92-1 & 92-1 - Frank Arciero Jr., principal of Arciero & Sons, Inc., expressed concern that C/Schad may have a conflict of interest regarding this issue since the Pathfinder HOA, of which C/Schad is a member, expressed concern at previous public hearings that they would lose value in their homes if this project was ever developed. He then requested a copy of the information presented to the State Bar and the FPPC that led to the determination that ICA/Montgomery did not have a conflict of interest in the matter. He also requested clarification as to what issues the Planning Commission would be addressing during their May 23, 1994 meeting. M/Werner explained that the Planning Commission is being asked to consider options that weren't available to them for consideration when they first reviewed the project. ICA/Montgomery explained that the FPPC provided a written response to C/Ansari before she took office. He stated that C/Papen and C/Plunk requested that the State Bar give their opinion; therefore, he does not know what was submitted. He stated that the applicants are welcome to have their attorneys point out where a ruling is wrong and request further investigation. M/Werner pointed out that it is typically the responsibility of a Commissioner and/or Councilmember to make the determination if any conflict of interest exists. ICA/Montgomery reiterated that the letter of record from the independent appraiser selected by staff indicates that the proposals will not impact, the market either way. He stated that there is a procedure whereby if the applicants wish to challenge C/Schad, the appropriate legal action can be filed to attempt to have him disqualified. Mr. Arciero gave a brief history on the purchase of the property, and applicants for development of that property MAY 2, 1994 PAGE 8 prior to incorporation that led to the sale of the property to the School District. He stated that the intent of the sale to the District and the balance of the property was always for development purposes, which was supported by the County Supervisor at that time and covered in the District's EIR. He stated that First American Title Company, which controlled the funds to pay the subcontractors, requiring both approval from him and the WVUSD, never held a completion or grading bond to guarantee that any work would be completed by a certain date. In regard to the issue that three oak trees were damaged in the course of the grading operation of the school, he explained that an agreement was made that he would either seed the park or pay $3,000 to $5,000 in restitution. In regard to the property that was owned by the Water Company, he explained that Mr. Beiderman indicated that the site on Brea Canyon Cut-off was available but it would have to be offered to another agency first. Since there was no response made to the letter sent by the Water Co., they entered into an agreement to purchase the property for the same price paid by the Water Co. for the property off of Pathfinder Rd. and Brea Canyon Cut-off, contingent upon the approval Of the subdivision; however, in 1992, the Water Co. informed him that the property was being sold to the City and was no longer available. In regard to the proposal of record, he stated that he was contacted by the city to participate in a meeting to consider Master Planning the entire property that would be appropriate and benefit the community. He stated that he concurred with the Master Plan concept. He then pointed out that in order to accomplish Alternative One, approximately six months would be needed to obtain permits from the Department of Fish and Game and the Army Corps of Engineers, which is a time frame that may not be suitable to the District. In response to M/Werner, Mr. Arciero stated that his offer of restitution for removing the oak trees, or to seed or plant trees in the park still holds if still desired by the City. He also stated that he may not have mentioned to the School District the time involved in obtaining permits from the Department of Fish and Game and the Army Corps of Engineers because he assumed the project of record, which would not have impacted that blueline stream, was to be approved. He then pointed out that the requirements to obtain a permit from the Department of Fish and Game is becoming more restrictive in recent times. C/Schad inquired if the road at the low part of the hill between Arciero's property and Brea Canyon Rd. that was used during the process of grading the South Pointe site, could not be utilized to remove the dirt. Mr. Arciero stated that, to his knowledge, there is no MAY 21 1994 PAGE 9 road down that hill, nor are there culverts of appropriate size to accomodate trucks. He stated that in order to utilize that area, there would need to be mass grading to accommodate those trucks to be able to get up and down those hills. In response to VC/plunk, he explained that he and WVUSD entered into a joint escrow account with First American Title Company to pay subcontractors for grading property from funds included in the purchase price. the explained that the alternative proposals were drafted to respond to concerns of the community, thus providing the iin community an opportunity to acquire the property and keep perpetuity; however, the South Pointe Master Plan is the preferred proposal and has not been withdrawn. C/Papen requested that Mr. Arciero indicate when he could begin construction for the proposal of record. Mr. Arciero stated that, as long as the blueline stream is not impacted, he could start grading within a week, depending upon the City,s timeframe to issue a grading permit, if he had an agreement from the City that the development would be approved. C/Schad suggested that a majority of the dirt could be used to raise the elevation of the two playgrounds a few feet. Mr. Arciero pointed out that it takes 1,600 cubic yards of dirt to raise an acre of land one foot; therefore, one can quickly surmise that it would not be feasible to raise the playground utilizing 400 dirt. ,000 cubic yards of C/Fong stated that, to his calculations, the entire school site would have to be raised only 8 feet, utilizing the 400,000 cubic yards of dirt, with only 16 feet of land use lost around the perimeter. He suggested that the School District address this option, or other options that would reduce the amount of excavation or off-site export by modifying the grading and building layout of the school. Mr. Arciero pointed out that many problems arise with raising the property, such as access to the school from the existing street, the loss of land, the building of Slopes, etc. He also pointedout that changing the existing building location and layouts would require the School District to go through a whole new process with the State, thus jeopardizing their funding. C/Flamenbaum suggested that it may be more appropriate if only Alternatives One and Two were addressed this evening, given that the Planning Commission already MAY 2, 1994 PAGE 10 reviewed the entire South Pointe Master Plan in great depth. He stated that the Council could have subsequent meetings to review the South Pointe Master Plan to address questions of concern without Planning Commission participation. M/Werner stated that the Council wants to ensure that the Planning Commission has considered the options available as being discussed by the developer and determine if the Planning Commission would want to reconsider the first recommendation, and/or supplement the recommendation with contingency plans, or not give reconsideration to the original recommendation. Chair/Meyer noted that, if the majority of the Planning commission desires to reconsider its original recommendation, the entire project, at the discretion of the Planning Commission, is open for deliberation. C/Papen pointed out that the Council has not voted to reject the Planning Commission's recommendation, nor instructed them to reconsider it. She questioned how Alternatives One and Two were included in the agenda when they were never part of the Master Plan. She stated that there is no reason why the Planning Commission should have to consider the two alternatives, except determination made for the by for that the restrictions on two of the properties require an abandonment of an open space easement. M/Werner stated that the Council, by law, must consider all reasonable alternatives available before rendering a decision on the Planning Commission's recommendation. VC/Plunk expressed concern that, given the timeframe involved with the School District, the Planning Commission would not be able to adequately consider the alternatives, and perhaps reconsider the original decision. In response to C/Schad, Mr. Arciero stated that the project would be about 80 ft. above Rapid View when completed. Chair/Meyer suggested that each developer be asked to present an overview of their project and that specific questions from the Planning Commission and Council be written down and submitted to staff to be responded to by the developers before the May 23 Planning Public Hearing. Commission Both the Planning Commission and City Council concurred. Dwight Forrister, owner of RnP Development, resident of Austin, Texas, stated that he purchased RnP Development MAY 2, 1994 PAGE 11 from C/Miller in 1991. He stated that he is available to answer any questions; however, Jan Dabney, his representative, could more appropriately answer any technical questions or concerns. Mr. Dabney, a local development consultant representing Mr. Patel, Mr. Forrister and Mr. Arciero, though sympathetic to the Planning Commissioners who reviewed the project in depth, pointed out that the applicants have been waiting patiently for many years for their project to be heard before the Council. He then gave a brief history of the proposal, beginning with the first presentation before staff and Council Members in January 1991, in which the developers asked the Council for direction, fully disclosing the desire to have map restrictions removed in order to develop the property providing community benefit and finishing with the proposal and alternatives presented today. Mr. Dabney explained that M/Werner recently suggested that the project may not be suitable in today's atmosphere due to the issues surrounding the referendums, recall and environmental considerations placed before the Council; therefore, the question at hand is whether the City desires economic development or passive set aside areas. He stated that, of the five alternatives presented this evening, the South Pointe Master Plan and Alternative one are the two proposals preferred and reviewed by the developers. He then reviewed the merits of Alternative One and the environmental impacts to the canyon. He also reviewed Mr. Arciero's original proposal and the conditions existing in Alternative Two. He stated that the Council needs to address whether or not they will allow the developers and the school district to proceed. He noted that the school still not being built is an indication that something needs to be resolved on this issue. C/Flamenbaum stated that it seems that Alternative One is suggesting to trade the environmental damage in one area for the environmental damage in another. Mr. Dabney stated that the specific 68 acres off of Grand Ave. does not have many of the issues professed to be associated with the South Pointe Master Plan. He pointed out that the property does not have a Walnut or Oak Tree Grove that would be impacted upon development, it already has a high pressure gas line through the middle of the project, a fence separating the two counties and the only existing use on the property now are numerous meandering riding trails. C/Flamenbaum inquired how much dirt would be moved for development of the Grand Ave. property. He noted that the footprint of the road would cut into ancient MAY 2, 1994 PAGE 12 landslides. Mr. Dabney stated that the road is a low profile cross section road and geotechnical consultants would have to address the issue of ancient landslides to the satisfaction of the City. He stated that there is a substantial decrease in the amount of dirt that would be moved for the Grand Ave. project compared to the approximate 4.5 million yards of earthwork that would have been done in the South Pointe Master Plan. C/Flamenbaum expressed concern that Alternative Two suggests putting the dirt in the canyon, and if the dirt goes into the canyon, the canyon would be dead as a viable ecological entity. C/Papen inquired what the economic benefit would be to the City with the Master Plan and what would be lost with Alternative One. Mr. Dabney stated that the direct revenue indicated in the Dale/Lavender Report indicated an excess of $700,000 a year from sales taxes, the value of the commercial property would have been approximately $5 million paid to the City, the park would have been constructed and paid for by the developer, the improvement of the road to the School District would have been constructed at a sum of $500,000 and there would have been improvements to Brea Canyon Rd. and all of the adjacent neighborhoods. He stated that the total amount of benefits to the City from the original plan would have totaled over $7 million to the community, with approximately $700,000 to $800,000 ongoing in sales tax revenue for the life of the project. He stated that the School District would have received $1.2 million in school fees from the residential development, plus 80,000 cubic yards of dirt would have been removed, at no cost to the school, enhancing their playing fields next to the park. Mr. Dabney, in response to VC/Plunk, noted that several of the alternatives eliminate both Mr. Forrister and Mr. Sasak from development. He stated that the Sasak property, in Alternative One, would be allowed to be developed under the guidelines of the original Master Plan; however, in Alternative Two, he would not be allowed to develop, which would result in a lawsuit against the City. VC/Plunk suggested that the relative environmental importance of one area over another be addressed at the next hearing. She also inquired if any of the properties have deed or CC&R restrictions. Mr. Dabney, noting that the only environmental concern over the last three years had been with the RnP canyon, MAY 2, 1994 PAGE 13 stated that it now appears the canyon, in the alternatives being presented, has no environmental significance; therefore, it would appear that the original Master Plan must be satisfactory. He stated that there are several restrictive clauses on the RnP property in regard to the South Pointe Master Plan, a one unit per lot restriction on Mr. Patel's property and a residential building restriction on the RnP property in The Country. VC/Plunk inquired if there are any concerns on the propriety or questions of fairness of any of the persons involved from the City in regard to this project. Mr. Dabney expressed concern with ICA/Montgomery's involvement in this proposal considering that, prior to becoming the City Attorney, he had 17 legal actions naming their project and he was involved specifically against land development in the City. MPT/Harmony inquired if there are any specific benefits to the Grand Ave. properties for giving up the open space guarantees to allow development and remove map restrictions. Mr. Dabney stated that, though their preference is with the South Pointe Master Plan, they would agree to set aside Sandstone Canyon at the desires of the community at large. He stated that the developers are giving the City in fee 72 acres of Sandstone Canyon in exchange for moving the development to the Grand Ave. property, which would be substantially less dense and with less environ- mental impact; therefore, this should be enough benefit to the City. MPT/Harmony inquired why the Fern Hollow project, which is across the 57 freeway from the Arciero project, was briefly referenced in his memorandum. Mr. Dabney explained that when the proposal was first presented by M/Werner, there needed to be consideration for the owners of these projects to entertain such an offer, particularly since they had already spent $1 million in engineering and processing to arrive at the Master Plan desired by the previous Council. He stated that since Mr. Arciero has an interest in that property on Fern Hollow and has been attempting to get some direction on that project for five years, that property was offhandedly mentioned in the memorandum; however, it is not tied to this project in any fashion, and is just another ownership like lot #1 and #61 of the RnP property. In response to C/Schad, Mr. Dabney stated that the alternate road, which was moved to accommodate MAY 2, 1994 PAGE 14 Pathfinder's HOA, would be somewhat visible from existing homes. He stated that the finished surface of the road, which will be 22 ft. above the flow line of the canyon, is a regular residential improved paved section with two lanes, parking capability and a bicycle lane, having one sidewalk from the commercial area up to the school district property. He explained that the intent was to provide the minimum scar on the property while providing the maximum service to the community. C/Ansari stated that it was her understanding that the economic benefit referenced in the Dale/Lavandar report referred to benefits received after the tenth year. Mr. Dabney concurred that the report was referring to a ten-year buildout; however, there was a developer in San Pedro willing to buy the entire commercial development to develop the property immediately estimating 80% of the entire project up and generating money within the first year and a half. Dr. Ron Hockwalt, Superintendent, WVUSD, requested that the City fast track the necessary action to allow Arciero & Sons to receive a grading permit to move the earth off the site so the District can begin construction of the school by mid-May 1994. He stated that the State approved the bid accepted by the District with Berry Construction Co., and construction of the school must begin immediately or the entire process will move toward default, requiring the bid process to be repeated which would set the timeline back another year and a half. He stated that they are always in danger of losing up to $8 million from the State in the set aside monies to be rebated to the District after construction of the school. MPT/Harmony, noting that the School District had not yet prepared maps, plans or specifications in December 1993' inquired why the plans are now being presented at this last minute putting the City in a difficult position. Dr. Hockwalt stated that the School District has been consistent with following the timeline shared with the City several months ago that indicated the construction timeline and the financial timeline. M/Werner inquired why the District is coming to the City to fast track the project when they can proceed in other ways. Dr. Hockwalt stated that since he has been Superintendent, the intent has always been to work with the City, rather than the court system, to get the school built. C/Fong expressed concern that the District would consider MAY 2, 1994 PAGE 15 destroying wildlife to build the school. He suggested that the school take a more positive approach with the 400,000 cubic yards and look for alternatives to reduce the amount of export by modifying building plans, thus reducing the impacts. Dr. Hockwalt stated that they would have looked at such options and the results indicate that spreading the dirt over the entire site would elevate the site far beyond what could accommodate the present plan. He stated that such an option would require large retaining walls around two sides of the site, which would exceed funding capacity, and would require the school site to be split into two different levels, requiring new plans and specifications that would have to go through the whole State process. He stated that the dirt in the canyon was clearly spelled out as part of the EIR completed in 1989. C/Fong stated that it should be the responsibility of the State and the School District to accommodate that alternative. He stated that the City should not have to solely bear the responsibility of accommodating the deadline set by the State and the School District. C/Papen stated that the City would lose $6.5 million in improvements to the City with Alternative One and the School would lose $1.5 million in development fees and is in jeopardy of losing school revenue. C/Papen moved to approve the South Pointe Master Plan as forwarded to the Council by the Planning Commission. MPT/Harmony stated that the Council is unable to take action this evening because 300 residents were not properly notified. C/Papen stated that she was under the impression that the 300 residents not notified live in the Grand Ave. area; otherwise, if they lived in the South Pointe area adjacent to the property, then the whole meeting would be in violation of the Brown Act. CM/Belanger, in response to M/Werner, stated that the notice is ineffective because it did not go to the requisite parcels within 500 ft. M/Werner stated that the issue of the notification defect had already been discussed and the motion made by C/Papen was invalid. C/Flamenbaum moved, C/Schad seconded to establish a study session for the regularly -scheduled Planning Commission Meeting of May 9, 1994 and to continue the Public Hearing to the Regularly -scheduled Planning Commission meeting of May 23, 1994. Motion carried unanimously. MAY 2, 1994 PAGE 16 CM/Belanger, in response to M/Werner, stated that it would be appropriate for the Council to direct the Commission to consider the alternatives presented this evening. MPT/Harmony moved, C/Ansari seconded to direct the Planning Commission to consider the alternatives, with direction to staff to include the open space easement abandonment issue in the Public Hearing notices. C/Papen inquired if the direction to the Planning Commission is to consider abandoning the open space easement, as has been decided by ICA/Montaomerv. M/Werner clarified that the direction of the motion was to make certain that all the prerequisite issues that are statutorily required are included in the notice. MPT/Harmony concurred that his motion was to direct the Planning Commission to consider all alternatives, with direction to staff to properly notice the Public Hearing, making certain that all the prerequisite issues that are statutorily required are included in the notice. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller M/Werner, in response to an inquiry made by an audience member, stated that the Planning Commission will consider all alternatives. He stated that there will be a new notice sent for Council meetings. C/Papen suggested that the Council continue the meeting to Monday, May 16, 1994, instead of the end of May to a date to be determined, to review the proposal and allow public testimony. M/Werner suggested that it may be more appropriate if the Council attend the Planning Commission meeting scheduled May 9, 1994 for a joint study session, thus allowing the public to address both bodies with issues of concern, rather than creating confusion by having study sessions alternately. MPT/Harmony expressed concern with conducting a series of workshop meetings and asking the public to provide testimony, when proper legal notice procedures had not been followed, thus excluding many who should have received mailed notices. Chair/Meyer stated that the Council is welcomed to join the Planning Commission at any time. MAY 2, 1994 PAGE 17 Following discussion, M/Werner noted that there is a consensus to continue the joint City Council and Planning Commission Study Session to a Joint Study Session on May 9, 1994. 3. ANNOUNCEMENTS: None given. 4. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 11:15 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION FEBRUARY 24, 1994 CALL TO ORDER Chairman Schey called the meeting to order at 7:18 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Schey. ROLL CALL Present: Chairman Schey, Commissioners: Ruzicka and Goldenberg Vice Chairman Johnson arrived at 7:45 p.m. Staff: Community Services Director Bob Rose; Administrative Assistant Sandy Barlow; Recreation Supervisor Marla Pearlman; Recording Secretary Liz Myers Absent: Commissioner Medina (excused) MA TTERS FROM THE A UDIENCE - N o n e MINUTES Minutes of January 27, 1994.3 C/Ruzicka requested that the minutes of January 27, 1994 be amended on page 5, fourth paragraph, to replace the word "mediate" with "mitigate"; and on page 9, under Announcements, to reword the third paragraph, to read, "C/ Ruzicka suggested that there be some consideration to having Mr. Armentrout, the City's Emergency Coordinator, attend the Parks and Recreation Commission meeting to provide suggestions regarding the use of parks for refuge in emergency situations. Moved by C/Goldenberg, seconded by C/Ruzicka and carried unanimously to approve the minutes of January 27, 1994, as amended. February 24, 1994 Page 2 VEW BUS/NESS 2. Disaster Preparedness Mr. Armentrout, the City's Emergency Coordinator, gave a presentation on the Parks and Recreation's role in disaster preparedness. He stated that the main responsibility for Parks & Recreation Departments, or Community Services Departments, in most cities in California is care and shelter. He explained that, in a time of crisis, the Department Head would contact the Red Cross, which has already redesignated the High School and some Middle Schools as shelters, and assist in organizing the distribution of food and setting up the shelters. If those predesignated shelters are damaged, then the City Council and the City Manager would need to declare a local emergency to get the national guards to set up tents in the parks. He suggested that the Parks & Recreation Commission could encourage the public to volunteer to assist in the area of care and shelter. C/Ruzicka suggested that it may be beneficial if Mr. Armentrout was able to provide a similar presentation to all of the City's Commissions, perhaps on an annual basis, and provide an update on the Disaster Plan. Mr. Armentrout offered to come back to another Parks and Recreation Commission meeting to review the Disaster Plan with the Commission, highlighting the sections relating to the Parks & Recreation Department. He then reiterated the importance of seeking more volunteers to assist in the Disaster program. C/Goldenberg suggested that perhaps it should be recommended to the City Council to create a subcommittee consisting of a member or two from each Commission, and volunteers from the general public, to discuss needs and ways to continue planning for an emergency. Moved by C/Goldenberg, seconded by C/Ruzicka and carried unanimously to recommend to the City Council that each of the Commissions form a subcommittee for disaster preparedness that will meet on a regular basis with the Emergency Services Coordinator, and possibly the Parks and Recreation Department Head, to bring back suggestions to each respective Commission has to how that Commission could assist in disaster preparedness. C/Ruzicka volunteered to be on that subcommittee if it is formed. February 24, 1994 Page 3 OLD BUSINESS 3. Priorities Matrix CSD/Rose reported that the finalized list of priorities projects will be forwarded to the City Manager and City Council for consideration for the 1994/95 fiscal year budget. VC/Johnson, a member of the Commission's subcommittee, explained that the list includes more than just the top ten projects so that all projects are addressed as money becomes available. He then stated that item #18 should be amended to indicate "physically and developmentally challenged." CSD/Rose stated that item #5 should be modified to indicate,"Installation of Top Soil/Drainage at Peterson Park because standing water in the playing fields of the park remains a problem. He suggested that the Commission may want to consider placing this item before item 4, "Install Ball Field Lights at Peterson Park", because it will be difficult to increase playing capacity if the fields are in poor condition. He explained that much of the drainage problems at the park is a result grading, the lack of drains, and the lack of top soil during development of the park. C/Ruzicka questioned how much of the park becomes unusable because of the top soil problem in comparison to how much of the park will become usable as a result of the installation of additional lights. VC/Johnson pointed out that installing lights, which is a CIP project, increases the City's ability to develop adult programs that would play after dusk. He expressed concern with delaying an opportunity to expand the City's recreation program. He inquired how much each of the projects would cost. CSD/Rose stated that the ball field lights are estimated at a cost of $140,000, and the top soil is estimated at a cost of $300,000. Chair/Schey pointed out it is not known how long it will take to modify the drainage system and improve the turf condition; however, the lights can be installed now, which increases the playability of the park. He noted that there are fairly inexpensive drainage systems that can be utilized in specific areas without disrupting the playability of the fields. February 24, 1994 Page 4 It was the consensus of the Commission to leave items #4 & 5 in their present order in the Priorities List. C/Goldenberg requested staff to review which items are currently budgeted to be funded. CSD/Rose reviewed the following items that are budgeted: item #3, Complete Development of Pantera Park; item #4, Install Ball Field Lights at Peterson Park; item #6, Install Drainage in Playgrounds at Ronald Reagan; item #8, Shade Structure at Peterson Park; item #9, Retro -fit County Signs at City Parks; item #14, Security Lights along Brea Canyon Road at Heritage Park; item #15, Retro- fit Parks/Playgrounds for ADA compliance; and item #17, Replace Chain Basketball Nets with Nylon Nets. Moved by VC/Johnson, seconded by C/Ruzicka and carried unanimously to recommend to the City Council that funding for the list of prioritized projects be included in the 1994/95 fiscal year budget, amending item #5 to indicate Top Soil/Drainage; and item #18 to indicate "physically and developmentally challenged." 4. Commission Handbook CSD/Rose reported that the Commission has received a draft copy of the revised parks and Recreation Commission Handbook for review and for any additional input. Chair/Schey noted that the titles, locations, and dates throughout the document should be updated. Moved by C/Ruzicka, seconded by VC/Johnson and carried unanimously to accept the Parks and Recreation Commission handbook, updating titles, locations, and dates throughout the document; and presenting a revised copy to the Commission at the next meeting. INFORMATIONAL ITEMS 5. 1990 Census Information February 24, 1994 Page 5 CSD/Rose stated that the 1990 census information, as requested by C/Ruzicka, breaks down the various ages of youth, compares the youth population with other age groups, and classifies the population by age, race and sex. The Commission noted that the majority of the population is between the ages of 30 and 50, which verifies the need to expand the recreation program by providing night time and weekend activities. Chair/Schey declared the information as considered received and filed. 6. Arbor Day Celebration - 3/13/94 CSD/Rose reported that, as part of the Route 60 Freeway Environmental Enhancement Project, 95 fifteen gallon and 24 inch box trees will be planted around the parameter of Peterson Park, to be paid for by the State. He stated that a number of volunteer groups will be assisting staff in planting the trees on Sunday, March 13, 1994 at 10:00 a.m. He then stated that Don Schad has volunteered to donate additional smaller trees to be planted on the slopes at Peterson Park. 7. 5th Anniversary Celebration - 4/17/94 AA/Barlow reported that the theme for the 5th Anniversary Celebration is to celebrate the cultural aspect of the City. She stated that the event will be called "Diamond Bar's Passport to the World", and all the different community/cultural groups will be invited to set up booths, have games, and perform at the event. 8. Recreation Program Up -date a. Athletics/Recreation Classes RS/Pearlman presented the staff report reviewing the success of the Contract Classes. She reported that the Youth, Track & Field Meet has been rescheduled for April 23, 1994, and that Youth Baseball registration has been scheduled for May 7, 1994 from 9:00 a.m. to noon for residents and from noon to 3:00 for non-residents. VC/Johnson inquired if there is an Adult Country Line Dancing class offered. February 24, 1994 Page 6 RS/Pearlman stated that a beginning and intermediate adult class is offered at Diamond Point Elementary on Wednesdays. b. Tiny Tots/Adult Excursions AA/Barlow reported that the Tiny Tot program is doing well. AA/Barlow reported on the following scheduled Adult Excursions: the Orchid Show, scheduled in March of 1994 in Santa Barbara, is full; the Richard Nixon Library trip is coming up; and the Mammoth Weekend trip is scheduled for April 8, 1994. C. Senior Citizens CSD/Rose reported that Waste Management trash haulers will be donating a 26' x 8' storage container for the Heritage Park Community Center to store chairs, disaster preparedness supplies, and food that will be distributed later that same day. EMERGENCY AGENDA ITEMS Moved by VC/Johnson, seconded by C/Ruzicka and carried unanimously to place an additional item on the agenda for discussion. 9. CSD/Rose reported that staff received letters from two non-profit service organizations seeking waiver of fees for use of Heritage Park Community Center for fundraiser activities. He expressed concern that giving prime time hours to non-profit groups for fundraisers takes away from the City's ability to collect The funds necessary to maintain the building. He stated that, after reviewing the facility use policy, staff is recommending that the facility use policy be amended as indicated int he staff report, allowing a waiver of room rental fees one time per calendar year, equivalent to eight hours of use. Moved by C/Ruzicka, seconded by C/Goldenberg and carried unanimously to approve the modification to the facility use policy as recommended by staff. ANNOUNCEMENTS VC/Johnson stated that he received a request for benches outside of the Heritage Park Community Center. February 24, 1994 Page 7 .SD. 'Rose stated that staff is currently investigating that possibility. He explained that a member of the Senior Subcommittee of the City Council had also received the same request, VC/ Johnson announced that the CalFest Conference is scheduled in San Luis Obispo. Clunteer on the Emergency Preparedness /R uzicka reiterated his desire to vo Subcommittee, if it is formed. adjourned to March 17, 1994 for the Pantera C SD/Rose suggested that the meeting be Workshop. it Sche stated that there will be a reorganization of the Commission at the next Cha 1 Y Regular Commission meeting. for in -coming CSD/Rose reported that there will be a swearing-in ceremony esenting City Tiles for commissioners at the next City Council meeting, as well as pr to out -going commissioners. ADJOURNMENT b C/Johnson, seconded by C/Goldenberg and carried unanimously to adjourn Moved Y the meeting at 9:11 p.m. Respectfully Submitted, Bob Rose Secretary Attest: David Schey Chairman I N T E R O F F I C E M E M O R A N D U M TO: Mayor pro Tem Harmo and Council Member Ansari FROM: Linda G. Mag nuso Accounting Manager SUBJECT: Voucher Register, May 17, 1994 DATE: May 11, 1994 17, 1994. As requested, d Attached is the tment Rsgaster ated May submitting the voucher register for the the Finance Dep Finance Committee's review and approval prior to its 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 Ma audited approved and is recommended for y 17, 1994 has been hereby allowed from the following funds inpthesetaPayments are amounts: F—�_ FUND DX,5-C PTION 001G General Fund OUNT 115 125 Integrated Waste Mgt. CDBG g Fund $168,284.18 138 139 Fund LLAD P38 Fund 230.95 628.52 141 LLAD 039 Fund 348.25 250 LLAD 14l Fund 3,525.14 510 CIP Fund 13,275.85 Self Insurance Fund .5,163.15 1.100 00 TOTAL ALL FUNDS APPROVED BY: $192,556.04 Linda G. Mag on Accounting Man ger Clair W. Harmony Mayor Pro Tem Terrence L. Belanger City Manager n 1 een R. Ansarl` Council Member *** Gity cf Danond bar *{� RUN TIME: 08:02 05/11/94 V O U C H E R R E G I S T E R DUE THRU.............05/17/?4 PAGE 1 * * PREPAID * * VENDOR NAME ACCOlW PROJ.TX-NO ------------------------------------ Vow ID. BATCH PO XIIE/N0. -------------------------------------------- ENTRYIDIE INVOICE DESCRIPTION -------------------------------------------------- ---------------------------- AMOMT DATE CHECK AT & T *001-4030-2125 AT&T 1 405178 05/10 05/17 April -Long Dist Phne Svcs 41.76 TOTAL DUE VENDOR -------- ) 41.76 Accurate Landscape Accurate 05/10 05/17 12663 lrrigatnRepairs-60FwyProj 72.00 05/11 /94 *001-4556-5500 9 40517A 05/10 05/17 32669 Tree Spraying-60FwyPrj 00170 021537 x001-4556-5500 8 40517A 05/10 05/17 32670 Tree Shelters-60FwyPrj 661.13 05/17/'x4 0000021537 « 7 40517A TOTAL PREPAID AMOUNT ----) 1,433.13 TOTAL DUE VENDOR --------) 0.00 Accurate Landscape Accurate 05/10 05/17 ;;2671 15 Gal Trees/Batteries ,,«7.22 *001-4556-550 11 40517A TOTAL PREPAID AMOUNT ----) 0.00 TOTAL DUE VENDOR --------) 227.22 Accurate Landscape Accurate 05/10 05/17 32403 Maint-PetersnPk-64FwyPrj 736.51 05/17/94 0000021`::6 *001-4556-5500 13 40511A 05/10 05/17 32473 Maint-PetersnPrk-60FwyPrj 0.00 o5/1-7/94 0000021536 4'155.0 *001-4556-550 4 40517A 05/10 05/17 32646 April Maint Svcs-60FwyPrj 05/17/`4 chz00021` 36 *001-4556-5500 5 40517A TOTAL PREPAID AMOUNT ----) 5,611.51 TOTAL DIJE VENDOR --------) 0.00 ackins, Carol AckinsC 1 40517E 05%10 05/17 CCCA Accomdtns-Papen X00.00 ";01-4010-2110 TOTAL M 'VENDOR --------) 200.0 11 American Crane Al1AmCrane 05/10 05/17 Refund-HrtgPrk Deposit ,00.0 - :101-2300-102 2 40517B 2 40517E 05/10 05/17 Refund-HrtgDep-Insurance 50.00 +:�01-230-1004 05/10 05/17 Refund-Hrtg Dep-Rent/Staf 180.0 *001-3620 1 405178 TOTAL DUE VENDOR -------- } 430.00 Almasi, Anna 1172 19 40517A 05/10 05/17 10911 Recreation Refund 18.40 *001-3478 TOTAL DUE VENDOR -------- ) 18.40 Americomp *001-4090-1200 Americomp 9 40517B 01/1851 05/10 05/17 33055 Printr Ribbons/Paper 123.26 TOTAL DUE VENDOR -------- } 123.26 RiJNTIIgE: !w':[2.. f# Cit Y of Di =mord Rar *�* 1�05/11�94 VOUCHER REGISTER PAGE DUE THRL !............. 05' 17/94 JENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH P0,LINE/N0. ENTRYJDUE IMG;DE DESCRIPTION PREPAID -------------T DATE CHECK ----------------------------- ----------------------- I erbecx Company Averback `10-4810-72(x) '510-4810-7200 2 40517B 05/10 05/17 102:28 PubOffBond-CtyMgr 500.00 510-4810-7200 3 40517E 4 40511E 05/10 05/17 102829 FubOff2ond-AcctgMgr 500,-10 05/10 05/17 1028:30 FubOffBond-CtyClerk 100,00 TOTAL DUE VENDOR --------) 1,100.00 wards By Cathey AwardsByCa 001-43,50-1200 3 40517B 05/10 05/17 17766 Ribbons -Track Meet 153.65 TOTAL DUE VENDOR --------t 1:3.E6 .Chamberlain Consulting BChamber )01-40:0-2205 2 40517B 05;10 05/17 10215 Prof Svcs-ComputerRepairs 223.30 TOTAL DUE VENDOR --------) 223.30 irbosa Garcia & Barnes Barbosa !01-4020-4021 3 40517B 05/10 OF -`17 Legal Svcs -DBA vs City 75.00 TOTAL DUE VENDOR --------) 75.00 yan A. Stirrat & Assc BryanStirr 01-4090-4000 3 40517E 05/10 05/17 Prof Svcs -Legal Review 575,44 TOTAL DUE VENDOR --------> 575.00 ngess, Lynda 1150 31-3472 33 40517A 05/10 05/17 10228 Recreation Refund 20,00 TOTAL DUE VENDOR --------) 20.00 ,gess, Lynda BurgessLyn )1-4040-2330 1 40517E 05/10 05/17 Reimb-CCAC Conf 4/26-29 446.91 TOTAL DUE VENDOR --------y 446.91 W Fence Company pdimtm 0-4510-6411 07894 1 40517B 05/10 05/17 •419-R GuardRail-R1gKnI/Grd 3,966.56 TOTAL DUE VENDOR --------} 3,966.56 Gagne, Terry 46 1-3472 5 40517A 05/10 05/17 Recreation Refund 20.00 TOTAL DUE VENDOR --------) 20.00 City of Diamond Par 4 'IME: 08:0205111/94 VOUCHER REGISTER. PAGE 3 DUE THRU.............05/17/94 IR NAME VEND ID. ¢ PREPAID LINT PROJ.TX-NO BATCH PDXINE/NO. -------------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Prks&RecSociety Cm 4310-2315 1 405178 05/10 05/17 FY94-95 Dues-ComSvcDirect 110.00 TOTAL DUE VENDOR--------; 110.00 ornia Contract CCCA 4010-232'5 5 40517A 05/10 05/17 CriwinalAwdrdLUnch/Ansari 15.00 05/17/94 0000021531 TOTAL PREPAID AMOUNT ----} 15.00 TOTAL DUE VENDOR--------) 0.00 ay, Cheryl 1145 :3478 29 40517A 05/10 05/17 10125 Recreation Refund 31.00 TOTAL DUE VENDOR--------} 37.00 las, Cindy 1139 3478 24 40517A 05/10 05/17 10212 Recreation Refund 30.00 TOTAL DUE VENDOR--------) 30.00 es Hewitt HewittC 2300-1011 2 40517C 05/10 05/17 SEATAC Mtg 4/15 100.00 TOTAL DUE VENDOR--------) 100.00 Alice 1151 3478 :34 40517A 05/10 05/17 10675 Recreation Refund 64.00 TOTAL DUE VENDOR--------) 64.00 ii, Daksha 1134 ;473 23 40517A 05/10 05/17 10672 Recreation Refund 41.00 TOTAL DUE VENDOR--------) 41.00 Landscape 155,_-5500 2 40517 05/10 05/17 Irrigation Svcs-60Fwy Prj 2,200.00 05/17/94 0000021534 TOTAL PREPAID AMOLKT ----) 2,200.00 TOTAL DUE VENDOR--------) 0.00 ,.ity Disposal Co. ComDisposl 4555-5501 1 40517B 03/1776 05/10 05117 April Street Sweep Svcs 7,83 ?.72 TOTAL DUE VENDOR--------) 7,'c'9.72 TIME: 'a;;i2 05/11 * * * City of Dia*,ond Bar * RUN 3/94 V0LCHER REGISTER DUE THRU.............05!17/94 PAGE 4 VENDOR NAME VEM)GR ID. ACCOUNT PROJ.T--NO BATCH PFI-LINE/NO. ENTRY/DUE INVOICE * * PREPAID ----------------------------------------------- - DESCRIPTION AMOUNT DATE ----------------------------------- a1aputer Applied Systems CAS 001-4050-4030 1 40517D 001-4050-1200 3 40517B wncil African American CounAfroAm 101-4095-2353 11 40517B J Engineering 31-4220-5201 )1-4220-5201 )1-2300-1010 y1-4220-5201 D&JEngine 4 40517B 3 40517E 1 40517B 2 40517B ntonio's Ristorante D'Atonias 5-4215-1200 80194 4 40517A I. Chamber of Commerce DBChamber -40!0-2325 6 40517A iuick Dataquick •4210-2130 2 405178 Night Copy Center Dayoulht 23� x)-1010 2 405178 2300-1010 3 405178 i'.z'00-1010 4 40517B X210-2100 2 405178 f Transportation DeptTrans 555-5507 2 40517E 05/10 05,17 05/10 05/17 942904 05/10 05/17 05/10 05/17 940-004 05/10 05/17 94r-004 05/10 05/17 94s-005 05/10 05/17 94s-005 05/10 05/17 05/10 05/17 05/10 05/17 05/10 05/17 5368/5362 05/10 05/17 5368/5362 05/10 05/17 5368/5362 05/10 05/17 5554/5352 05/10 05/17 1294.50 June Comp Maint Printer Ribbons-8920Prntr TOTAL DUE VENO --------i Food4Staff-5thAnvCeleb TOTAL DUE VENDOR --------! Inspectn Svcs -Permits -Apr Bldg/P1nChk Svcs -April Inspection Svcs-FPL93-002 Special Inspection Svcs TOTAL DUE VENDOR --------! Food-SeniorMotherDayDinnr TOTAL PREPAID AMOUNT ---- TOTAL DILE VENDOR --------! Lnch-Wnr,Ansri,Clyn,Whths TOTAL PREPAID ANUT ---- TOTAL DUE VENDOR ---- ----! April Service Chrges TOTAL DUE '✓Ew-------- Copying Svcs -FPL 92-19 Copying Svcs -FPL 93-06 Copying Svcs -FPL 92-30 Copying Svcs -Ping TOTAL DUE VENDOR ------- Feb Signal&Lighting Svcs TOTAL DUE VENDOR --------) 5.,2.00 43.30 875.:.0 21.75 21.75 1,645.00 9,437.75 101.25 90.00 11,274.00 280.00 05/17/94 0000021544 280, �)0 0.00 60.00 05/17/94 0000021532 60.00 0.00 35.00 35.00 970.00 446.52 123.18 407.75 1,947.45 8~35.74 8.35.74 RUN TIME: 08:02 05/11/94 # C i t y o f D i a m o n d P a r VOUCHER P,EGISTER VENDORNAME DUE THRU.............05,/17/94 PAGE 5 � ID. ACCOUNT J✓PROJ,T}(_NO BATCH P---------- ENTRY/DUE INVOICE DESCRIPTION --------------- ------- - - * � FREFAID ---------------------- AMOUNT DATE ------------------ --------------- CHECK ------------------- DePt of Transportation IeptTrans *001-4555-5507 3 40517@ Diamond Bar Little League DBLittleLe *i u)1-2�'tX)-1002 #001-3620 40517E 2 405178 iixie Doodle & Friends DixieDoodl 001-4095-2353 10 405I7A : Rentals 01-4045-2353 stman 1nC. +1-4090-1200 11-4310-1100 1-4030-1100 1-4040-1100 1-4090-1100 1-4510-1100 .-4040-1100 -4215-1200 EZRental; 12 40517C Eastman 10 40517C 54/1791 2 40517C 47/1791 1 40517C 49/1791 3 40517C 50/1791 1 40517C 51/1791 2 40517C 52ji791 4 40517C 53111791 6 40517C 48/1791 =ederal Credit Union F&ACreditU 2110-1012 6 40517A Call F1eetCaII A770-2130 4 40517C Franklin FongF 210-7330 1 40517C 05/10 05/17 129725 05/10 05/17 05/10 05/17 05/10 05/17 March Signal & Light Svcs TOTAL DUE VENDOR -------_} HrtgePrkDepstRefund Heritage Park Staff Chgs TOTAL I(JE VENDOR------_- Entertaimmnt-5thAnnvCeleb TOTAL PREPAID AMOUNT ---- TOTAL DLA VENDOR --------} �'/10 05/17 ez112700 Dance Floor-5thAnvCeleb TOTAL DUE VENDOR --------} 05/10 05/17 05/10 05%17 012202871 Supplies-CrMemo 05/10 05/17 012268728 0122283181 Supplies-Prk&Maint 05/10 05/17 012MI86 Supplies-CMgr Supplies-CClerk 05/10 05/17 :i5/10 05/17 012283195 Supplies -Gen Govt 05/10 05/17 012283246 01_7283274 Supplies-En9CjFubWks 05/10 05/17 012287876 Supplies-CDBG TOTAL DUE VENDOR --------) 513.16 51.3.16 200.00 80.00- 120. W 0.00-120.00 800.00 05/17/94 0000021533 800.00 0.00 290.05 290.05 76.53- 120.37 14.83 108.38 195.15 30.14 186.64 54.34 633.32 05/10 05/17 Payroll Deductions-PP9 1,528.00 05/17/94 0000021539 TOTAL PREPAID AMOUNT ----) 1,528.00 TOTAL DUE VENDOR --------} 0.00 05110 05/17 April 2 May Radio Svcs 158.55 TOTAL DUE VENDOR -------- > 158.x5 05/10 05/17 Mileage Reimb Plnrs Calf 72.50 TOTAL DUE VENDOR -------- > 72.50 *#* City of Diamond Rar## PAGE 6 IME: 48:0245/11/94 VOUCHER REGISTER DUE THRU.............05/17/94 + + PREPAID IR NAME VEMAR ID. AMObNT DATE CHECK XJNT PROJ.TX-NO BATCH PB Lit AG- ENTRY/ INVOICE DESCRIPTION ----------- ----------------------------------------------------------- amelia -3478 1154 37 40517A 05/10 05/17 3990 Recreation Refund 41.00 TOTAL DUE VENDOR --------} 41.00 re America -4095-2355 FutureAmer 2 40517C 01/1353 05/10 175/17 Grant-Vth,Senr,HndcpFrgrm 5,000-00 TOTAL DUE VENDOR --------> 5,000.00 _4090_2130 GTEL 5 40517C 05/10 05/17 Equip Rent -4/19-5/19 830.03 TOTAL DUE VENDOR --------} 880.0:3 California 1-4090-2125 GTE 2 40517C 05;10 05/17 Gen Phone Svcs 1 949.02 , TOTAL DUE VENDOR --------> 1,949.02 California 11-4040-2125 GTE 1 40517C 05/10 05/17 Modum Line Svcs-CCIk 16.43 TOTAL DUE VENDOR --------! 16.48 euro, Debra 1149 30 40517A 05/10 05/17 10777 Recreation Refund 27.00 )1-3478 TOTAL DUE VENDOR --------} 27.00 ecke, Lucy 01-'1478 1159 20 40517A 05/10 05/17 10898 Recreation Refund 18.44 TOTAL DUE VENDOR --------> 18.40 insalves & Son, Joe A. ' 405170 7WA 45/10 05/17 Prof Legislative Svc -May 2,100-M c-4010-40002 TOTAL DUE VENDOR --------! 2,100.00 ,singer )01-4310-1200 Grainger 1 40517C 02/1756 05/10 05/17 CrMemo-Receptacle Lid 25,68- 47.36 001-4310-1200 2 40517C 03/1756 05/10 05/17 930-896543 Suppl-Receptcle Lid/Liner TOTAL DUE VENDOR --------> 21.68 C ity of D ia�uond Bar #�� Ppm 7 RI�VTIP£�0$�0205/11/94 VOUCHER REGISTER DUE THRU.............05/17/94 �t PREPAID t ODOR NAME VENXIR ID. ACCOUNT PROJ.TX-NO BATCH PDXINE/NO. -------------------------------------------------- ENTRY/DUE INVOICE DESCRAMOUNT -----I-----PTION DATE CHECK: ------- Grant, Gabi 49 2 40517A 05/10 05/17 Recreation Refund 77.00 f001-3476 TOTAL DUE VENDOR--------> 77.00 Gupta, Lata 1165 -_ii-3473 40 40517A 0`!10 05/17 Recreation Refund 4.60 32,40 *001-3478 39 40517A 05/10 05/17 10904 Recreation Refund TOTAL DUE VENDOR--------> 37.00 HighPoint Graphics HighPoint 45/10 05/17 40156 Ever prep-Publications 280.37 ►001-4440-2110 3 405170 TOTAL DUE '',,UM--------> 280.37 Highlander Publications Highlander /10 05/17 Ad-TreeCyclePrgr�n 12/23 126.65 *115-4515-2115 1 40517E 05/10 05/17 Ad-TreeCycleRrgrs 12/30 104.30 *115-4515-2115 2 40517E TOTAL DUE VENDOR--------> 230.95 Impressive ScreenNorks Impressive 4 40517C 03/1726 05/10 05/17 3084 V11yb1,Bsktbl T-Shirts 197.18 *001-4'350-1200 TOTAL DUE VENDOR --------) 197.18 Inland Valley Dly Bulletn IVDB 05/10 05/17 dc85258 Pub Hrq-Sign Ordinance ��:� 1001-4040-2115 5 405170 05110 05/17 dc85546 PubHrg-ParceliMaps24031trPIn *001-4210-2115 1 40517C 2 40517C 05/10 05/17 dc36715 PubHrg-Parcel Map 24031 52.50 47.50 .001-4210-2115 05/10 05/17 dc87175 PubHrg-NonDisposalFacilty {1-4040-2115 6 40517C 0000 405170 0-5/10 05/17 sdc83827000 Ad-Cou RelationsOffcr 101.52 1-4030-2115 1 TOTAL M VENDOR --------1 384.02 Int'1 Business Equipment In&WlWip 05/10 05117 005612 May Copy Charges 434.69 +001-4090-2100 2 405170 05/10 05/17 00`.•612 May Xerac Maint Ghrges 281.04 *001-4090-2200 3 445170 TOTAL DUE VENDOR--------> 715.69 International Services IntService 40517C 01/1667A 05/10 05/17 009788 Crssg Gaurd Svcs-April 5,830.65 +O)1-4411-5531 2 TOTAL DUE VENDOR--------> 5,830.65 +++ City of Diamond Bar++ TIME: 08:0205/11194 VOUCHER REG I ST ER DUE THRU.............05/17/94 PAGE DOR NAME VEMAR ID. + + PREPAID + + CANT PROJ.TX-NO BATCH P&1.IlE/ND. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK. --------------------------------------------------------------------------------------------------------------------------------- uierdo, Francesca 1174 1-3478 22 9517A 05/10 05/17 10074 Recreation Refund 23.00 TOTAL DUE VENDOR --------) 23.00 , Eun Sook 1140 1-:3478 25 40517A 05/10 05/17 10294 Recreation Refund 30.00 TOTAL DUE VENDOR --------) 30.00 ata & Associates Inc Kobata&Ass 1-4556-5500 1 40517A 05/10 05/17 Prof Svcs -60 Fwy Proj 1,500.00 05/17/94 00000215x.3 TOTAL PREPAID AMOUNT ----) 1,500.00 TOTAL DUE VENDOR --------) 0.00 i. County -Sheriff's Dep LACSheriff i1-4414-5401 2 40517D 05/10 05/17 2-4259 SpecEvnt-5thAnnvCe1eb 2,183.45 Q-4414-5401 3 40517D 05/10 05/17 22259 SpecEvntCalvChp-4/3-6 1,446.03 TOTAL DUE VENDOR --------) 4,329.48 i.County Public Works LACPubNk 05/10 05/17 Cellular Svcs-CMgr 92.79 )1-4555-5502 4 40517D 05/10 05/17 94000010568 March Road Maint 11,976.04 ?0-4510-6412 06994 1 40517D 05/10 05/17 94000010564 TestControl-Rath/Brea-Mar 1,153.60 )1-4555-5502 3 40517D 05/10 05/17 94000010574 March -Road Maint 875.96 )1-4555-55-30 1 40517D 05/10 05/17 94000010575 March -Ind Waste Svcs 401.21 )i-4555-5530 2 40517D 05/10 05/17 9400049782 March -Ind Waste Program 1,016.54 TOTAL OUE VENDOR --------) 15,423.35 a.County Public Works LACPubMk )1-4555-5507 4 40517D 05/10 05/17 9400008269 Reimb-Duplicate Cr Memo 602.91 TOTAL DUE VENDOR --------) 602.91 Cellular Telephone )1-4031)-2125 2 40517E 05/10 05/17 Cellular Svcs-CMgr 92.79 )1-4090-2125 3 40517E 05/10 05/17 Cellular Svcs -Gen Govt 40.13 )1-4440-2125 1 40517E 05/10 05/17 Cellular Svcs -Einer Prep 32.69 TOTAL DUE VENDOR --------) 165.61 County Agriculture Cao LACAgric )1-4331-' '10 1 40517D 05/10 05/17 1178K WeedAbatmnt-Sycmr Cyn Prk 3,592.31 394S39-2210 3 405170 05/10 05/17 1178K WeedAbatmnt-Dist 439 1,200.64 41-4541-5519 1 40517D 05/10 05/17 1178K WeedAbatmnt-Dist 441 5,180.45 3'9-4539-2210 2 40517D 05/10 05/17 1340K Weedkatatnt-2nd Qtr 93/94 1,227.38 TOTAL DUE VENDOR --------) 11,200.78 Diamond Bar ¢ PAGE 9 VOUCHER REGI5TER ri*: 08-02 05/11/94 DUE T�....I........05/17/94 8 PREPAID * � AWiNT DATE CHECV VOM 10. DESCRIPTION -------- INVOICE -------------------- QR NAME ENTRT/DUE ------------- ----------------- -- ----------------------------------------- ANT P�.T%-NO BATCH PO.LINE/------------------- - County Agriculture Con LACAgric ;9-4539-:210 4 40517D ndscape West LandscapeW 41-4541-5`.00 1 40517D 17/1575 eague of Ca. Cities League 2 4g517D 401-4210-2320 Le1144 e, Grace L 445111 *001-3478 Leighton and Associates Leighton *001-2300-1012 4 40517D wow -2300-1012 5 40517D -lo01-2300-1012 3 40517D Mark W. LinnesMark Linnen, *001-4090-4000 2 40517D ittle Red School House LittleRed *001-4350-1200 5 40517D 02/1675 Local Government �tcx��1-4210-2315 LocfiwCOM 2 40517D 05/10 05/10 1943K 05/10 05117 012860 05/10 05/17 05/10 05/17 105 05/10 05/17 77936 05/10 05117 78197 05/10 05/17 82184 05/10 05/17 05/10 05/17 750445 05/10 05/17 M k M Printing 417D MkMPrint 0111337 05110 05/17 11666 *401-4090-2110 Fire Break Svcs-Jul-Nov93 1,097.12 TOTAL DUE VENDOR --------> 1,097.12 March Landscape Svcs 3,336.85 TOTAL DUE VENDOR DOR -------- } 3,336.85 Ping_Cassette Ref Tapes. 61.00 TOTAL DUE VENDOR -------- } 81-00 Recreation Refund 40.+x} TOTAL DUE VEM-----"-- } 40.00 Prof Svcs -EN 93-019 ^29.60 297.00 Prof Svcs -EN 93-019 1 Prof Svcs -EN 93-0 �q(�,.10 TOTAL BE VENA -------- } 1,592.70 Appraisal Svcs-SthPtePrj 200.00 TOTAL DUE VENDOR -------- } 200.00 Tiny Tots Supplies 115.61 TOTAL DUE VENDOR -------- } 115.61 Lees-DeStefano-FY94-95 50.06 TOTAL DUE VENDOR -------- 54.44 } BusCm-dRe pocseTags 98.83 TOTAL DUE VEN00R -------- } 98.33 �+ + C i ty of Diamond bar ##� PAGE 10 ME:;3:U2U5/tl/94 VOUCHER REGISTER DUE THRU.............05/17/94 t +� PREPAID i NAME VENDDR ID, AMOUNT DATE CHECK. ENTRY/DUE INVOICE DESCRIPTION 1NT pRO,1.TX-NO BATCH PO.LINE/ND. --------------------------------------------- --------------------------------- nia. Usha MandaniaU 05/10 05/17 Ref-DepstHrtgeFrkCommCtr 200•'0 2-300-1002 4 4(f17D TOTAL DUE VENDOR --------) 200.00 In & Chapman Co. Martin&Cha 05/10 05/17 94354 Trfc & Trns Mnt Book 131.21 -4510-1100 4 405171) 01/1747 TOTAL DUE VENDOR --------) 131.21 Lite MityLite64.95 05/10 05/17 133795 Table-Hrtge Frk comm Ctr >-4215-1200 80194 940517E TOTAL DUE VENDOR --------) 64. 95 it Mobil29.62 7 405171) 05!10 05/17 k0$92452 Fuel -Gen & Rec Prk 13.75 1-4310-2310 3 40517D 8`, U5/10 05/17 k158968`,16.15 Fi-en Govt ue 16.15 4 40517D 05/10 05/17 k1589700 Fuel -Gen Govt 32.97 1-4090-2310 8 405171) 05/10 05/17 k1589851 Fuel-Prk & Rec 18.54 i1-4310-2310 10 40517D 05/10 05/17 k1589873 Fuel-Prk & Rec 21.84 )1-4310-2310 11-4210-2310 3 405170 C15/10 05/17 k1590396 k2994b81 Fuel -Ping Fuel-Prk & Rec 34.00 )1-4310-2310 9 405171) 05/10 05/17 TOTAL DUE VENDOR --------) 166•$3 c teres, Mary 114627.00 05!10 05/17 10742 Recreation Refund X01-3478 32 40517A 27.00 TOTAL DUE VENDOR ---- - --- ) Makers MusicMaker Entertainmnt-MthrDayDinnr 200.00 05/17/94 0000021543 Jsic 125-4215-1200 5 40517A 05110 05/17 TOTAL PREPAID AMOUNT ----> �:� TOTAL DUE VENDOR --------) lyers, Elizabeth MyorsE 3 40517D 19/1787 05/10 05/17 94009184.00 Mnt sec CCauncil 4/19 Sec Ping Cm -4/25 552.00 x001-4040-4000 7 405171) 18/1787 OS/10 05/17 94db09 Mnt 001-4210-4000 736.00 TOTAL DUE VENDOR --------) Nelson, S. Gregory NelswD-,e9 05/10 05/10 SEATAC Mtg 4/15 100.00 X001-2300-1011 3 40517E 100.00 TOTAL DUE VENDOR --------) RUNTIME: 12::3805/11/94 ** Cit y of Diamond Bar *** VOUCHER REGISTEk DUE THRU.............05/17/94 PAGE 11 VENDOR NAME VEMW I0. PROJ.TX-NO BATCH P"/Np. ENTRY/DUE -------------------- INVOICE DESCRIPTION PREPAID - ------------------- ------------------------------------ AMUJWT DATE CHECK OCB Reprographics OCBReprogr *Q01-4090-2110 4 40517E 31/1637 *250-4310-6415 06694 3 40517E .30/1637 05/10 05/17 7829'25 Reprograph Svcs-FallowFld 37.44 05/10 05/17 794577 B1klneMpleHilIADARetrafit 42,99 TOTAL. WE VEND --------> E0.43 Occu-Care Medical Group �cuCare *001-4310-0083 1 40517E 05/10 05/17 FirstAid Svcs -Argent 9,34 TOTAL DUE VENDOR --------) 59.34 Orange Coast Title Co OrangeCoas *0)1-2300-1010 7 40517E *001-2300-1010 9 40517E 05/10 05/17 W248483 Title Rprt Svcs -FPL 94-13 *001-2300-1010 S 40517E 05/10 05/17 W248493 Title Rprt Svcs -FPL 92-19 F.,0,00 30'00 *001-2300-1010 b 40517E 05/10 05/17 W248503 Title Rprt Svcs -FPL 92-19 350,00 *001-2300-1014 10 40517E 05/10 05/17 05/10 05/17 W248513 Title Rprt Svcs -FPL 94-13 �'� *001-2300-1410 5 40517E 05/10 05/17 W350153 Title ��� w354143 Title R�prt Svcs -FPL 92-34 350.00 TOTAL DUE VENDOR --------> 2,250.E PERS Health Benefits PERSHealth *001-2110-1003 1 40517A *001-4090-0080 2 40517A 05/10 05/17 May Health Preps 05/10 05/17 May Admin Fees 9,511.84 05/17/94 0000021540 43.93 05/17/94 0000021540 TOTAL PREPAID AMOUNT ----) 9,555.77 TOTAL DUE VENDOR --------) 0.00 Papen, Phyllis PapenP *0'.ii-4010-2325 7 40517A 05/10 05/17 10 -Ride Metr�ink Pass 35.00 05/17/94 0000021542 TOTAL PREPAID AMOUNT ----) 35.00 TOTAL DUE VENDOR --------) 0.00 Papen, Phyllis paw wU01-4010-2325 8 40517E 05/10 05/17 Soroptmist-5/1-Mtg2 0.00 TOTAL DUE VENDOR --------) 20.00 'apen, Phyllis FapenP 001-4010-2330 2 40517E 05/10 05/17 Per Dien CCCAConf 5/19-22 130.50 TOTAL DUE VENDOR --------) 1;0.50 arks, Colleen FarksC TOTAL PREPAID AMOUNT ----) 0.00 TOTAL DUE VENDOR --------) n t # city 0f Di'amOnd Ear # VgJE OUTCHER RHFU..........EgISTER ME'. 08'02 05/11/94 ,.05/17,'94 C PAGE 12 * * PREPAID * * NAME VENDOR ID. ENTRY/DUE INVOICE LESCRIPTION AMOUNT CHECK DAT ------ --------------- --- �T PR0,1.TX-NO BATCH PU.LINE/NO. - ----------------------------------------------------- 11 transfer PayrollTr 051'10 05/17 Payroll Tranfer-PP9 47,200.00 05/17/94 0000000009 1020 2 40517A TOTAL PREPAID AMOlN1T ----) 47,2t>4.00 TOTAL DUE VENDOR --------> 00 c, Lydia E. Plunkt 05110 05117 Reim Mileage-Plnrs Conf 72.50 -4210-2335 1 40517E 72.50 TOTAL DUE VENDOR --------> Ana Valley Humane SM. PVNS 05110 05/17 May Animal Control Svcs 4,152.17 .-44.31-5403 1 40517E 08/1614 4,152.17 TOTAL DUE VENDOR '-------} tage By Phone PostByPhon O.,i1„ 0 t 15/ 17 Postage Replenishment 1,500.00 1-4090-2120 1 40517E 1,1,500-Wnn TOTAL DUE VENDOR -------') PSBI 981.31 05/17/94 0000021541 idential Service Bureau o5/10 i?5117 May Dental Prems 347,56 05/17/94 0000021541 11--2110-1004 1 40517A OS/10 05/17 May Vision Proms _ .:1 u10 -100b 1 40517A 1,280.00 TOTAL PREPAID AM"T ----) TOTAL DUE VENDOR --------> .iblic Emp1 Retirement PER 05/10 05/11 RetireContrPP9-EW1 r 3,185.71 }4;1-2110-1008 3 40511E 05/10 45/17 RetireGontrPP9-Emplye 101-2110-1008 4 40511E TOTAL DtIE VENDOR --------> 6,069.54 !uesada, Lee Ann 1152 05/1 0 05/17 10667 Recreation Refund 30'00 .o%i-347n 35 40517A 30.00 TOTAL DUE VENDOR -------- ) )will Corporation guillCorp 05/10 45/17 0709`.,3 3 Rin Binders -Ping g 73.01 }001-4210-1200 1 40517E 73.01 TOTAL DUE VENDOR ------"-. & D Blueprint R&OBlue 05/10 05/17 14196 RNp Maps -FPL 92-19 85'25 ,77.41 tool -2300-1010 12 40511E 05/10 05/17 14199 20 Maps -FPL 93 -Ob 29.32 }001-2300-1010 11 40517E 05/10 05/17 14206 SFME Maps -FPL 93-46 63.1 1 1001-2300-1010 13 40517E 05/10 05/17 14206 SPMP Maps -FPL 93-19 8.09 *001-2300-1010 14 40517E OS/10 05/17 14206 �'2-30 maps -FPL 9. 911.44 4 1001-2300-1010 15 44517E 05/10 05%17 19365 Zoning Map -Ping .001-4210-2100 3 40517E TOTAL DUE VENDOR --------) 2,250.00 Health Benefits f* City of Diamond Bar+ 'IME: 12:38 05/11/94 V O U C H E R R E G I S T E R PAGE 11 9,511.84 05/17/94 0000021540 •4690-0080 DUE THRU.............05/17/94 05/10 05/17 R NAME VENDOR ID. PREPAID UNT PROJ.TX-NO BATCH PQ:kW/NO. ------------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK 'eprographics OCBReprogr 0.00 i, Phyllis PapenP 4090-2110 4 40517E 31/1637 05/10 05/17 782925 Reprograph Svcs-FalloWld 37.44 4310-6415 06694 3 40517E 30/1637 05/10 05/17 794577 B1klneMpleHillADARetrofit 42.99 TOTAL PREPAID AMOUNT ----) 35.00 TOTAL DUE VENDOR --------) 80.43 Care Medical Group OccuCare TOTAL DUE VENDOR --------) 0.00 i, Phyllis PapmP 4310-0083 1 40517E 05/10 05/17 FirstAid Svcs -Argent 59.34 05/10 05/17 Soroptmist-5/1-Mtg 20.00 TOTAL DUE VENDOR --------) 59.34 e Coast Title Co OrangeCoas TOTAL DUE VENDOR --------) 20.00 i, Phyllis PapenP 2300-1010 7 40517E 05/10 05/17 W248483 Title Rprt Svcs -FPL 94-13 350.00 2^aU0-1010 9 40517E 05/10 05/17 W248493 Title Rprt Svcs -FPL 92-19 350.00 2300-1010 8 40517E 05/10 05/17 W248503 Title Rprt Svcs -FPL 92-19 350.00 2300-1010 6 40517E 05/10 05/17 W248513 Title Rprt Svcs -FPL 94-13 350.00 2300-1010 10 40517E 05/10 05/17 WW153 Title Rprt Svcs -FPL 93-06 500.00 2300-1010 5 40517E 05/10 05/17 N350143 Title Rprt Svcs -FPL 92-30 350.00 TOTAL DUE VENDOR --------) 2,250.00 Health Benefits PERSHealth •2110-1003 1 40517A 05/10 05/17 May Health Press 9,511.84 05/17/94 0000021540 •4690-0080 2 40517A 05/10 05/17 May Admin Fees 43.93 05/17/94 0000021540 TOTAL PREPAID AMOUNT ----) 9,555.77 TOTAL DUE VENDOR --------) 0.00 i, Phyllis PapenP 4010-2325 7 40517A 05/10 05/17 10 -Ride MetroLink Pass 35.00 05/17/94 0000021542 TOTAL PREPAID AMOUNT ----) 35.00 TOTAL DUE VENDOR --------) 0.00 i, Phyllis PapmP 4010-2325 8 40517E 05/10 05/17 Soroptmist-5/1-Mtg 20.00 TOTAL DUE VENDOR --------) 20.00 i, Phyllis PapenP -4010-2330 2 40517E 05/10 05/17 Per Dies CCCAConf 5/19-22 130.50 TOTAL DUE VENOM --------) 130.50 Colleen ParksC TOTAL PREPAID AMOUNT ----) 0.00 TOTAL DUE VENDOR --------) 0.00 +++ C i t y o f D i a mo n d B a r +++ PAGE 13 TIME 08:02 05/11/94 VOUCHER REGISTER DUE THRU.............05/17/94 + + PREPAID + + DR NAME VENDQ ID. RIPTION AMOUNT DATE CHECK OUNT PROJ.TX-NO BATCH FOXIIEMO. ENTRY/DUE INVOICE ---- DESC-------------------------------------------------------- ----------- -------------------------- ------------------------------------- D Blueprint peri, Aileen ia, Lata )1-3473 R&DBIue RaineriA 1142 26 40517A chards Watson & Gershon Richardsiia (i1-4020-4021 4 40517E 1zics, Pamela 1153 )01-3478 36 40517A an Gabriel Vly Tribune SGVTribune 1101-4040-2115 7 40517E 001-4040-2115 8 40517E -001-4210-2115 4 40517E 2001-4210-2115 3 40517E K)01-4210-4220 9 40517E =fiarp Seating Company SharpSeat :t illi l - 4350 - 5310 1 40517A ,a Shih, Shiang 1170 +001-3478 21 40517A Sir Speedy SirSpeedy *001-4210-2110 1 40517E 17/1766 +001-4090-2110 5 40517E 16/1766 +001-2300-1010 16 40517E +001-2300-1010 17 40517E *001-2300-1010 18 40517E (CONTINUED) TOTAL I9JE VENDOR --------> 355.22 TOTAL PREPAID AMOUNT ----} 0'00 TOTAL DUE VENDOR --------} !).00 05/10 05/17 10193 Recreation Refund 29.00 TOTAL DUE VENDOR --------} 29.00 05/10 05/17 LegalSvcs-Da"CtznsysMiller 209.20 TOTAL DUE VENDOR --------> 209.20 05!10 05/17 10703 Recreation Refund 54.00 TOTAL DUE VENDOR --------} 54.00 05/10 05/17 04159 FubHrg-NonDisposalFacilty 60.1671.04 05/10 05/17 24937 PubHrg-City Sign Ord 110.72 05/14 05117 29126 Pub ParcelMa ..4031 g-SoPteMstrPlan 120.96 05/10 05/17 3,'023 H Nn1- 825.66 05/10 05/17 535477693170 PubHr'g-GenPlan 6/19/93 TOTAL DUE VENDOR --------} 1,188.54 Deposit -1995 Rose Parade 554.00 05/17/94 0000021545 05/10 05/17 TOTAL PREPAID AMOUNT ----! 554'00 TOTAL DUE VENDOR --------} 0.00 05/10 05/17 10909 Recreation Refund 18'40 TOTAL DUE VENDOR --------} 18.40 05/10 05/17 15501 Bus Cards-Lungu Stationary Supplies-Envel 80.85 178.2284.00 05/10 05/17 15685 05/10 05/17 15722 Prtq Svcs -FPL 93-30 05/10 05/17 15722 Prtg Svcs -FPL 92-19 661.49 a 05/10 05117 15722 Prtg Svcs -FPL 9:;-06' " TOTAL DUE VENDOR --------! 1,309.05 "TIPE!0820205/11/94 *#* Ci t 0f Di a m 0 n d Bar *** VOUCHER REGISTER VENDOR NAME DUE THRU............. 05/17/94 PAGE 14 Acca)NrPRa�1.Tx-NO BATCH 1NE/N0. ------------------ - - ENTRY/DUE INVOICE DESCRIPTION - ------------ --# * PREPAIDAMU* * ------------------- _ ---------- T DATE CHECK Smith, Sandra ----------- *OG1-347f. 48 3 40517A 05/10 05/17 Recreation Refund 67.50 Southern Ca Gas Co TOTAL DUE VES --------) *001-431;-2126 SoCaGas 67.50 1 40517E 05/10 05/17 Gas Svcs-Hrtge Prk 60.79 Southern Ca. EdisonTOTAL DUE VENDOR --------} *138-4538-2126 SoCaEdison 60.79 2 40517E 05/I0 05/17 Elect Svcs -Dist 38 335.45 Southern Ca. EdisonTOTAL DUE VENDOR --------} *Gr?1-4555-211b 7 SoCaEd i son x.45 40517E 05/10 05/17 Elect Svcs-Trffc Control 983.08 SouthernTOTAL DUE VENDOR -------- Ca. Edison *G01-4SoCaEdison ) 'x•08 3._,r-2126 1 40517E 05110 05/17 Elect Svcs -Ron Reagan Prk 423.16 SouthernTOTAL DUE VENDOR ........ Ca. Edison SoCaEdison ) 423.16 *001-4313-2126 40517E 05/10 05/17 Elect Svcs-Hrtg Prk 964.75 subway Subway TOTAL DUE VE(VI)OR........ 964.75 ) �001-4210-4220 8 445174 05/10 05/17 Mtg Supplies-GFAC 5/10 27.50 45/17/94 0044021546 TOTAL PREPAID AMOUNT ----) TOTAL DUE 27.50 �h, HyOsuk 1143:. VENDOR -----> 0.04 ,01-^,4- 27 405174 05/10 05/17 10375 Recreation Refund 29.00 DUE fei�- 0 Inc TOTAL VENDOR --------) �1-444:?-12G� i Sundco 29.00 8 40517E 01/1826 05/10 05/17 04940271 EmerPrep-Battery Saver 87.50 TOTAL DUE VENDOR -------- > 87.50 t y o f D i a m o n d B a r PAGE 15 ME: 08:0205/11/94 DUE VOUCHER REGISTER THRU.............05/17/94 * � PREPAID * A}�UNT DATE CHECK R NAME VENDOR ID. DESCRIPTION ENTRY/LAE INVOICE ---------------------- JNT PRO,l.TX-NO BATCH PDXINE/N0. ____________________ ----------------------- ------------------------- )re, Anita 114rJ 05,10 05/17 10259 Recreaion Refund 17.00 -3473 31 405111 TOTAL DUE VENDOR --------> 27.00 47 Recreation Refund 11.00 , Hai 6 40517A 05/10 015!17 11.00 .-3472 TOTAL ME VENDOR --------} ee, Timothy TureeT 0`/10 05117 RefDepost-HrtgPrkCommCtr 200.00 1=2300-1002 5 40517E TOTAL DUE VENDOR --------) 200.00 17949.75 05/17/94 0000021547 3. Postmaster USPostmstr 05/10 05/17 Pastge-Comm newsletter 01-4210-4240 1 40517A TOTAL PREPAID AST "---) 1,949.750.00 TOTAL DUE VENDOR --------) alnut Vly Water Dist i WVWaterDs OS/10 05/17 Water Svcs -Dist 438 12.80 138-4538-2126 3 40517E TOTAL DUE VENDOR -------- ) 12.80 4alnut Vly Water Dist WVWaterDis 0,/10 05/17 Water Svcs -Dist 441 4,x.55 1141-4541-2126 2 40517E TOTAL DUE VENDOR--------) 41758.55 Walnut Vly Water Dist WVWaterDis 05/10 05/17 Water Svcs -Ron Reagan 1,051.95 965.05 *001-4322-2126 2 40517E D5/10 05/17 Water Svcs-Starshine *001-4325-2126 1 40517E TOTAL DUE VENDOR --------} 2,017.00 Chiu 1 156 05/10 05/17 10638 Recreation Refund 85.0085.00Wang, *001-3478 38 40517A TOTAL DUE VENDOR ------"-} 85.00 WrihtP g Audio Niwal5vcs 512-3 405.00 Wright, Paul 3 40517E p5/10 05!17 *001-4010-4000 TOTAL DUE VENDOR -------- ) 405.00 f* City of Diamond Sar aax TIME. 08:0205/11,94 VOUCHER REGISTER DUE THRU.............05;'1 7 /334 F'AGE ib )OR NAPE VENDat ID. i 4 PREPAID 11 4 :OUNT PRDJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHEU. --------------------------------------------------------------------------------------------------------------------------------- .er's Florist XaviersFlo i-4215-1200 8 40517E 01/1049 05/10 05/17 06419 CenterPieces-MthrDa/Dinnr TOTAL DUE VENDOR --------} 29.3 TOTAL PREPAID -----------> 74, 39.03 TOTAL DUE ---------------f 118,317.01 TOTAL REPORT ------------? 1921556.04 City of Diamond Bar ��� PAM 1 RUhTIME�08�0'=i�/li/94 VDUCHEF FEGISTER FUND SUMMARY REPORT DUE THRU.............05/17/94 3JE WILL POST &E HAS POSTED FUTURE TRANSACTIONS DISEURSE G/L REVENUE EXPENSE REVERIE EXPENSE FUND TOTAL DIRECT PAY FE'----- EXPENSE ----------------------------------------- o)1 General Fund 510 Self Insurance F 250 C.I.P. Fund 125 CDBG Fund 115 Int Waste Mgmt F 139 LLAD #39 Fund 141 LLAG #41 Fund 138 LLAD #38 Fund TOTAL ALL FUNDS 168,284.18 73,446.16 1,100.00 5,163.15 628.52 20I3.95 3,525.14 13,275.85 348.25 1,001.70 93,836.32 1,100.00 5,163.15 25.52 c 5'2:5.14 13,275.85 348.25 - ---- ------------------------ ----------------------------------- --- 1,001.70 118,108.18 192,556.04 73,446.16 ////// CARL WARRENa� 8i CO. ��� [n�uran.ad�ucters Ellin `ianagementand adw1, i tT!l,`m `, The it% Drive --'`i's &1 tidiFl �n+. C A 27417-;1X11 i-14) -4 1-. vry .� --;,_„vr, TO: City of Diamond Bar ATTENTION: Tommye A. Nice Deputy City Clerk CITY CLEM, 94 MAY -6 AM 10, 59 May 4, 1994 RE: Claim Thompson vs. Diamond Bar Claimant Robert & Barbara Thompson D/Event 5-1-93 Recd Y/Office 4-28-94 Our File S 79587 JMQ We have reviewed the above captioned claim and request that you take the action indicated below: EXI c+_Lg,K RgJSCTION: send a standard rejection letter to the claimant. CL.ATM INSUFFICIENCY: In accordance with the telephone- conversation 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. 1 ] NDED/SUPPLEMEN AL• CLAIM• Send a standard rejection letter to the claimant, rejecting this additional/amended claim. L.�'t'E CLAIM RESPONSE Return the original claim material to the claimant, advising that the claim is late and that -their only recourse is to file a written "Application for Leave to Present a Late Claim". (Return copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN LETTERS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT N " See Government Code Section 911.4 ( APPLICaTI REJEC_•TION: Reject claimant's "Application for Leave to Present a Late Claim. See .Government Code Section 911.8. [ ] TAKE NO ACTION: Defer any written response to the claimant pending our further advise. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. very truly yours, ARL WARREN & COMPANY 1 �ti h Dwight J. nz 4 1 !l1 94AFR23 P 1:01 C OF -1-1A0- ND BAR l " pod�uddl +l panel Safety aERMIT #t _ POST IN A SAFE, CONSPICUOUS PLACE AT FRONT OF JOB. PROVIDE PERMIT NUMBER WHEN CALLING FOR INSPECTION. PLANSHAVE APPROVED S AT TIME OF INSPFCT10N. TRASH ENCLOSURE AND TOILETREQUIRED ON JOS SITE. . DATE OWNER LOCATION om torr n" CORD INSPECTION INFORMATION this card must Preserve this word of your inspections,The approved�a always be available to the Inspector. No work shall be concealed without prior approval by the Inspector. A permit shall expire and become IN-4•nd void M substantial work Is riot commenced Within 1 year, or 4 the work is sW !!0"dha'� the tabandoned fyear ppet a rriod from iod of I the last the work n progressing but aPP '+aP' must be obtained to keep permit recorded date of Inspection, a prog I active. es+lzysl n J C OF -1-1A0- ND BAR l " pod�uddl +l panel Safety aERMIT #t _ POST IN A SAFE, CONSPICUOUS PLACE AT FRONT OF JOB. PROVIDE PERMIT NUMBER WHEN CALLING FOR INSPECTION. PLANSHAVE APPROVED S AT TIME OF INSPFCT10N. TRASH ENCLOSURE AND TOILETREQUIRED ON JOS SITE. . DATE OWNER LOCATION om torr n" CORD INSPECTION INFORMATION this card must Preserve this word of your inspections,The approved�a always be available to the Inspector. No work shall be concealed without prior approval by the Inspector. A permit shall expire and become IN-4•nd void M substantial work Is riot commenced Within 1 year, or 4 the work is sW !!0"dha'� the tabandoned fyear ppet a rriod from iod of I the last the work n progressing but aPP '+aP' must be obtained to keep permit recorded date of Inspection, a prog I active. es+lzysl n CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS must 1 laterthanb Claims for death, w+os. after the occurrence. (Gov Codonal e Sec- 91be flied not 1.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 76._ CAttach laim must beefiled with Cityif sClerk.to(Gov. Codive e Sec. 15a) EACH SHEET. To: The City of Diamond Bar N arae of Claimant iZoiy -r A -P 24K!, 3* Home Address of Claimant Business Address of Claimant City and State City and State Age of Claimant (if natural person) �' liome Telephone Number Business Telephone Number Give address to whichyou desire notices or communications to be sent regarding this claim: How did DAMAGE or INJURY occur? Give full particulars. q1 v� gle^;Cs✓c'�¢L- SON%�'AGT02 LU<i✓ ` u�t-S�V644Z- LrODE ✓�o4-'q T7 cls C k ,Jerk Afc, IL,-�;-rr2 t -,,f I C4-�) When did DAMAGE or INJURY occur? Give full particulars, date, time of day: CS Kir' TL r=(�,!}-�_ itiSPr_:cT,cn� t��i`� ���rN N(-►�►� �, !�1q3, r�l (,j 1 +4- te on diagram on reverse side of this sheet, where appropriate, give Where did DAMAGE or INJURY occur? Describe fully, and loca street names and addresses and measurements from landmarks: ;Vhat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or '_arnage, if known:±T1at, foo p, ILA, TZ I►J 1 I lam,; i C tiGt2 Ut n-OIU7->t'�ljjG /�_. �,N A What DA`L?GE cr INJURIES do you claim resulted'. Give full extent of injuries or damages claimed: Cqq �Ik'f r �Eyp,� �, rzti�HEN �rlr�r��� ��vaE Nc-T 1,-J A 4!5 A&'7- x1t; dF Q6' /J6 item of injury or damage as of date of presentation of this claim, giving basis of «"iiat ABIOL"tiT do you claim on account of each Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage giving oasis of computation: vii>�2 �S '44'4CVe . THIS CLAIM MUST BE SIGNED ON REVERSE SIDE SEE PAGE 2 (OVER) Irs'u ante paymen's e:, ed, an"' Expenditures made on acco-nt O: ac eint em) \acne and address of Witnesses, Doc' 's and 1-lospaals: READ CAREFULLY For all accident claims place on foL-owing diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by leder "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle schen you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrarns below do not fit the situation, attach hereto a proper diagram signed by claimant. 7 FOR AUTOMOBILE ACCIDENTS I FOR OTHER ACCIDENTS SIDEWALK Signature of Cla:r•,ant or person flung on his behalf giving Typed Name: Date relationship to Claimant: I :TSI' IT'_y (���.'. MME SEC. 915a) . RONALD P , 5L 1TE5 _ Z 001. 001 04%05.91 18:00 '012136247536 7c' 21660 EAST COPLEY DRIVE ► SUITE 100 DIAMOND BAR. CA 91765-4177 909-860-2489 , rAX 909-861-3117 April 1, 1994 Mt. and Mrs. Robert Tho,rpeon 665 Strongbow Diamond Bar, CA 91765 RE: Roof Inspection Dear Mr. and Mrs. Thompso:: Per your request, two inspections of your flat roof (cricket) area and the one -year-old addition roof have been conducted to determine code compliance. The inspections revealed that the flat roof area had been originally hot mopped and cap sheeted, however water leakage was observed due to partial drainage obstruction from new roof facia. It appears that the cap sheet had been repaired with roofing mastic on at least two occasions. We recommend that the flat roof be removed and hot mopped again, and the above-mentioned facia be cut to allow free water drainage. Roof flashing for the new bathroom plunbing vent was improperly installed. It is recommended that the roofing manufacturers installation instructions be reviewed and followed. A ten -foot area of counter flashing was missing at Dutch -gable. It is recommended that this be replaced. The above recommendations shoijld be completed to make the roof weatherpa oof . should you have any questions regarding this, please ...contact my office at your aLarliest convenience. City of Diamond Bar Dennis A. Tarango, G.B.O. Building Official CITY OF DIAMOND BAR AGENDA NO. AGENDA REPORT TO: Honorable Mayor and Members of the City Council REPORT DATE: May 12, 1994 MEETING DATE: May 17, 1994 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: A Resolution of the City Council o the by of Diamond mbly Bila 001dopting a Nondisposal Facility Elementq SUMMARY: California Public Resources Code Section 417requires nond sposal faci t es and any to prepare and adopt a Nondisposal Facility Element (NDFE) for all new expansions of existing facilities, which will be needed to implement local source reduction and recycling me programs. Pursuant to this requirement, the City has prepared N nphe types of facilosal Facility eit esn (NDFE) i and must hold at least one public hearing to receive public testimony on fied in this Element. ic hearing, ve RECOMMENDATION: It is recommended that the City Conclus onof aopen the id hearing, approve public testimony on the Nondisposal Facility Element, and uponn cocil co Resolution 94 -XX Adopting a Nondisposal Facility Element as Required by Assembly Bill 3001. staff Report X Public Hearing Notification LIST OF ATTACHMENTS: X Resolution(s) Bid Specification —Ordinances(s) — Agreement(s) SUBMITTAL CHECKLIST: _Yes _ No 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 Yes _ No 3. Has environmental impact been assessed? N/A —Yes X No 4. Has the report been reviewed by a Commission? — Which Commission? Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger Frank M. U r City Manager Assistant City Manager LZ �127to zlaff the City Mana r CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 17, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: A Resolution of the City Council of the City of Diamond Bar Adopting a Nondisposal Facility Element as Required by Assembly Bill 3001. ISSUE STATEMENT: California Public Resources Code Section 41730 et seq, requires every city and county to prepare and adopt a Nondisposal Facility Element (NDFE) for all new nondisposal facilities and any expansions of existing facilities, which will be needed to implement local source reduction and recycling programs. Pursuant to this requirement, the City has prepared a Nondisposal Facility Element (NDFE) and must hold at least one public hearing to receive public testimony on the types of facilities identified in this Element. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive public testimony on the Nondisposal Facility Element, and upon conclusion of said hearing, approve Resolution 94 -XX Adopting a Nondisposal Facility Element as Required by Assembly Bill 3001. FINANCIAL SUMMARY: There are no known financial impacts. BACKGROUND: The California Integrated Waste Management Act of 1989, also known as AB 939, requires the City to prepare, adopt, and implement a Source Reduction and Recycling Element (SRRE) which identifies how the City will divert, through a combination of source reduction, recycling, and composting programs, 25% of solid wastes from landfill disposal by 1995, and 50% by the year 2000. In 1992, the California Legislature enacted Assembly Bill 3001 which amends AB 939 by requiring cities and counties to prepare and adopt another Element, a Nondisposal Facility Element (NDFE). DISCUSSION: California Public Resources Code Section 40151 defines a nondisposal facility as any solid waste facility required to obtain a state solid waste facility permit due to its operational status. Thus, any planned or existing transfer stations, material recovery facilities, large-scale composting facilities, nee r recycling facility, which are considered ct Lo and other waste processing o implement local source reduction and recycling programs, nondisposal facilities and must be identified and described in the City's Nondisposal Facility Element 9) existing or The City's Nondisposal Facility Element thates couldnbe(used to achieve planned facilities in the surrounding measures. These facilities the City's waste diversion goals and contingencC current or expected diversion are identified by type, location, capacity, ating jurisdictions. A copy of the rates, and the names of other particip City's Nondisposal Facility Element is attached to this report for your review. the In accordance to Calif NondisposaluFac lity Elementblic Resources Code section (NDFE) to7theaCobunty of City has submitted the tegrated Waste Force Los Angeles Solid Waste Management/In ent T heLTF hasreviewed ewed and mades several (LTF) for their review and comment. comments regarding the City's NDFE and the regional impacts of the nondisposal facilities that were identified as part of this Element. For information purposes, the LTF's comments and the City's response are attached to the NDFE. State law requires that the City Council conduct a public hearing to receive public testimony on the types of facilities identified in this Element prior to its adoption. Staff has prepared the required notice and has distributed this notice to the local media for publication. Staff recommends that the City Council open the public hearing, receive public testimony, and approve the City's Nondisposal Facility Element (NDFE). alifornia Integrate Upon adoption, this Element will be submitted C Waste Management Board for their review and approval. PREPARED BY: Troy L. Butzla Assi t to the Cit anager RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A NONDISPOSAL FACILITY ELEMENT AS REQUIRED BY ASSEMBLY BILL 3001 A. Recitals. (i) The California Integrated Waste Management Act of 1989 (Assembly Bill 939) requires each city to prepare, adopt, and implement a Source Reduction and Recycling Element (SRRE) which identifies how each city will divert, through a combination of source reduction, recycling, and composting programs, 25% of solid wastes from landfill disposal by 1995, and 50% by the year 2000.; and (ii) In 1992, the California Legislature enacted Assembly Bill 3001 (Cortese) which amends this Act by requiring cities and counties to prepare and adopt another Element, a Nondisposal Facility Element (NDFE); and (iii) California Public Resources Code Section 41730 et seq, requires every city to identify and provide a description of all new nondisposal facilities, and any expansions of existing facilities, which will be needed to implement the city's Source Reduction and Recycling Element (SRRE); and (iii) A Nondisposal Facility is defined by California Public Resources Code Section 40151 as any solid waste facility required to obtain a state solid waste permit (i.e., transfer stations, materials recovery facilities, and composting facilities) other than a solid waste disposal and transformation facility; and (iv) On May 17, 1994, the Diamond Bar City Council held a duly advertised public hearing on the Nondisposal Facility Element and the opportunity was given to all persons present to speak. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1: The City, in accordance to Public Resources Code Section 41730, has now prepared a Nondisposal Facility Element (NDFE) for all nondisposal facilities that the City plans to use now and in the future to implement its Source Reduction and Recycling Element (SRRE); and ty aECTION 2_ The City has submitted a draft o h emenis osal Facil'atedWasltement e (NDFE) to the County of Los Angeles Solid Was 9 Management Task Force (LTF) for their review and comment pursuant d has addressed the LTF'socomments to California Public Resources Code Section 41734(b), an the extent practicable; and aErT� The City intends to append the Nondisposal Facility Element (NDFE) to the City's Source Reduction and Recycling Element (SRRE) at the time of the five year revision, and �Fc'TION 4 The City Clerk shall certify to the passage of this Resolution by the Diamond Bar City Council and it shall thereupon take PASSED, APPROVED AND ADOPTED THIS 17th DAY OF May, 1994. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Regolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 17th day of N a , 1994 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles I, _ NANCY PAISLEY do hereby declare that I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the Legal Advertising Clerk of the INLAND VALLEY DAILY BULLETIN (Formerly the Progress Bulletin) A newspaper of general circulation, published daily in the City of Pomona, County of Los Angeles, State of California, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 3+ 1994 I declare under penalty of perjury that the foregoing is true and correct. Dated May 39 1994 i Signatu Proof of Publication of 140TICE OF PUBLIC NEARING CITY OF.DIAMOND BAR NOTICE OF PUBLIC NEARING NOTICE ISHERE BY GIVEN by the Diamond Bar that a public hslarthe CitylnyouncllWill b on hold Tu sd•y, May 17, Hee, at 7170 p.m., or as soon thereafter as thimatter can rd. in the s Audi oriumb of the South Coast Air Quality Manage- ment District, 4111fiS E. Copley Or., Diamond Bar, r.wa la. for the OWPOes of piAMOND BAR O A NON DIS• 1CILITY v 4NOFEI AS Callfornla Public Resource Code (PRC) Section 41TA et p repa ee al ty and adopt a Nondls- pasal Facility Element (NOFE) which Identifies both existing and planned solid waste es necessary to implementthe Rlecycling Element (SRRE)rce Reduction e ALL INTERESTED PERSONS are Invited to at' tend said hearing and ex• press opinions an the matter outlined above. written com menta regarding this matter may be submitted to the City Clerk's Office anyllme prior to the hearing. A copy Of the City's NDFE Is available for public clocated atn216CIE "_., n.1va. Sulfa 100. may /s/LYNQ#k av Rv " City Clerk City of Diamond Bar Publish: 5/03/1994 (DC87175) C*11T of 11*iamon4i Ilar 1) NcFfPispcsol Facility Element Final E)raf t Deport May 1994 Prepared by Report Protea iia* Abbott Amodm, he on Fkv*d Paper FINAL DRAFT CITY OF DIAMOND BAR NONDISPOSAL FACILITY ELEMENT California Public Resources Code (PRC), Sections 41730 et seq, require every California jurisdiction to prepare and adopt a Nondisposal Facility Element (NDFE) for all new Nondisposal facilities (NDFs) and any expansions of existing NDFs, which will be needed to implement local Source Reduction and Recycling Elements (SRREs). A NDF is defined as any solid waste facility required to obtain a state solid waste facility permit except a disposal facility or a transformation facility pursuant to PRC Section 40151. The City of Diamond Bar has prepared, adopted and hereby transmits to the California Integrated Waste Management Board the City's NDFE, as required by PRC Section 41730 for review and approval. The City's NDFE will be appended to the City's SRRE at the time of the five year revision. This NDFE identifies the utilization of transfer stations, materials recovery facilities (MRFs), and yard waste composting facilities as NDFs necessary to implement the City's waste diversion goals, including alternative practices. Tables are attached that identify the NDFs and transfer facilities the City intends to utilize or may utilize to implement its SRRE and meet the solid waste diversion requirements of PRC Section 41780. The draft NDFE was submitted to the Los Angeles County Local Task Force (LTF) for review and comment regarding the regional impacts of the NDFs identified in this NDFE, in accordance with the requirements of PRC Sections 41734(a) and (b). As indicated by PRC Section 41735(a), the adoption or amendment of this element is not subject to environmental review under the California Environmental Quality Act (CEQA). Attached are the LTF comments, the City's responses, the resolution adopting the NDFE, and the public hearing notice as required by the regulations. April 21, 1994 OILY OF DIAMOND BAR\NDFE FINAL TABLE MC -1 -TY OF DIAMOND BAR Amount of Waste Sent ted Diversion Rate on Red Star is ' a long-time mulcher and composter recentry permitted for green wastes. Red Star is locally, permitted to process an average of 500 tons per day of green wastes. There is no solid waste permit number. No waste is sent at present to the site by the City of Diamond Bar. The site is listed as an alternative. Red Star will divert from disposal a minimum of 90% of the separated green and organic wastes directed to it by the City based on its mechanical and windrow o erations. Red Star's operation is located in Corona, California at 17132 Hellman. CIT) OF DIAMOND BAR\FINAL NDFF 1 April 22, 1994 TABLE 2 CITY OF DIAMOND BAR CITY OF DIAMOND BAR NDFE NONDISPO►SAL FACILITY OUTSIDE JURISDICTION PUENTE HILLS'MATERIALS RECOVERY FACILITY SWIS #19 -AA -0053 FACT SKEET Type of Facility Los Angeles County Sanitation Districts is planning to build a materials recovery facility at the existing Puente Hills Landfill. This MRF would use a combination of mechanical and labor sorting to process mixed and clean loads of commercial and residential waste, and commingled recyclable loads from curbside collection Amount of Waste Sent programs. The MRF is planned to accept about 3,000 to 4,000 tons of materials per day. The City plans to keep this facility as an alternative. No waste is sent at present. Expected Diversion Rate CSD's MRF will divert from disposal a minimum of 25% of the wastes directed to it by the City of Diamond Bar, and a rated maximum of 50% based on its proposed mechanical and hand -sorting operations. Location The MRF's operation is located 2800 Workman Mill Road, Whittier, in unincorporated Los Angeles County, near Hacienda Heights, California. CITY OF DIAMOND BAR\FINAL NDFE 2 April 22, 1994 TABLE 3 CITY OF DIAMOND BAR NDFE 11 CITY OF DIAMOND BAR NDFE NONDISPOSAL FACILITY OUTSIDE JURISDICTION GREEN WASTE PROCESSING AT SPADRA LANDFILL SWIS #19 -AA -0015 FACT SHEET Type of Facility The Spadra Landfill operated by the County Sanitation Districts is accepting processed and unprocessed clean green materials for use in alternative daily cover (ADC). The County is permitted to process and use green materials as ADC up to, but not to exceed, the normal daily use of soil, or about 1,000 tons per day. Amount of Waste Sent No more than five tons per day of green waste are sent to the site for use as ADC at present. Expected Diversion Rate The County will divert from disposal 100% of the separated green wastes directed to it by the City based on its processing operations, but limited by the total amount of soil used in cover operations, and a maximum diversion rate of 7% of the City's waste generation. Location The landfill is located in unincorporated Los Angeles County, at the street address of 125 W. Valley Boulevard, Diamond Bar, CA. CITY OF DIAMOND BAR\FINAL NDFE 15 April 22, 1994 11 TABLE 4 CITY OF DIAMOND BAR NDFE CITY OF DIAMOND BAR NDFE NONDISPOSAL FACILITY OUTSIDE JURISDICTION RECYCINC. NO SWIS NUMBER FACT SHEET Type of Facility Recyc Inc.'s facility is a proposed regional composting facility which will receive and process loads of sorted and semi -sorted "green" materials. The 88 -acre site is locally permitted to accept certain organic solids and green materials. The actual throughput is proprietary, but the facility could handle all of the green materials from the City. There is no SWIS permit number. Amount of Waste Sent No waste is sent at present to the site by the City of Diamond Bar. Expected Diversion Rate Recyc Inc. will divert from disposal a minimum of 90% of the separated green and organic wastes directed to it by the City of Diamond Bar based on its proposed mechanical and windrow operations. Location The facility is located near the intersection of the Riverside Freeway (1-91) and the Corona Freeway (I-15). There is no street address at this time. CITY OF DIAMOND BAR\FINAL NDFE 4 April 22, 1994 11 TABLE 5 CITY OF DIAMOND BAR NDFE CITY OF DIAMOND BAR NDFE NONDISPOSAL FACILITY OT 1'TSIDE URISDICTION CVT MATERIALS RECOVERY AND TRANSFER FACILITY SWIS #30=AB4W5 FACT S> Type of Facility Consolidated Volume Transporters (CVT) operates a materials recovery facility in Anaheim, California. This MRF use a combination of mechanical and labor sorting to process mixed and clean loads of commercial and residential waste, and commingled recyclable loads from curbside collection programs. The MRF accepts about 4,000 tons of materials per day, which is about its daily permitted capacity of 4,168 tons, according to the site's operators. Amount of Waste Sent The City sends no waste at resent. Expected Diversion Rate For commingled recyclables, the facility diverts upwards of 90% of incoming materials. If the City were to send its unseparated wastes to the facility, CVT would divert 25% of the material received as a minimum. Location The MRF is located in Anaheim, California, at 1131 North Blue Gum. CITY OF DIAMOND BAR\FINAL NDFE `J April Z2,1994 TABLE 6 CITY OF DIAMOND BAR NDFE CITY OF DIAMOND BAR NDFE NONDISPOSAL FACILITY OUTSIDE JURISDICTION CR&R WASTE RECOVERY ANDTRANSFER FACILITY SWIS-AB-W13 F�CT,S�T: Type of Facility CR&R operates a material recovery and transfer facility. CR&R's facility is designed to process an average of 1,500 tons per day of waste material, and will handle a peak capacity of 2,000 tons when both recyclables and waste are combined. Amount of Waste Sent Currently (1993), no waste is delivered to the facility, but the site is maintained as an option for future recycling needs. Expected DiversionRate CR&R's facility will divert from disposal a minimum of 25% of the wastes directed to it by the City of Diamond Bar, and a rated maximum of 50% based on its proposed mechanical and hand -sorting operations. Location CR&R's site is located at 11292 Western Avenue in the City of Stanton, California. CITY OF DIAMOND BAR\ FINAL NDFF April 22, 1994 TABLE 7 CITY OF DIAMOND BAR NDFE CITY OF DIAMOND BAR NDFE NONDISPOSAL FACILITY OUTSIDE JURISDICTION WASTE TRANSFER AND 'RECYCLING SWIS 0I9=AR-118 FACT SKEET' Type of Facility Waste Management Inc. (WMI) operates a transfer and recycling facility in Los Angeles which receives and processes for transfer loads of residential and commercial waste. The site is fully permitted to accept all types of commercial and residential wastes. The rated throughput is about 1,500 tons per day, and the facility could handle all of the wastes from the City. Amount of Waste Sent The facility does not accept any wastes from the City of Diamond Bar. Expected DiversionRate WMI's facility will divert from disposal. a minimum of 5% of the incoming wastes directed to it by the City of Diamond Bar based on its mechanical and salvage operations. Location The facility is located near the intersection of the San Diego Freeway (I-405) and the Harbor Freeway (1-110), at 840 S. Mission, Los Angeles, CA. CITY OF DIAMOND BAR\FINAL NDFE / April 22, 1994 Fr ur racuiry Waste Management Inc. operates an intermediate processing center which receives and processes loads of sorted and semi -sorted recyclable materials in Los Angeles. The site is allowed to accept commingled recyclables, but has an upper limit on the amount of residue it can generate. It is designed to process an average of 50 tons per day with a peak capacity of 100 tons per day. fount of Waste Sent Currently, all of the City's recyclables are directed to the facility (about ei ht tons per day). lected DiversionRate Bradley could divert from disposal a minimum of 91% of the separated recyclable wastes directed to it by the City of Diamond Bar based on its proposed mechanical and hand -sorting operations. ation The facility is located in Sun Valley, CA, at 9227 Tujunga Avenue. CITY OF DIAMOND BAR\FINAL NDFE g April 23. 1994 11 TABLE 9 CITY OF DIAMOND BAR NDFE CITY OF DIAMOND BAR\FINAL NDFE 9 April 22, 1994 EXHIBIT "A" COMMENTS MADE BY: THOMAS A. TIDEMANSON CHAIRMAN April 20, 1994 LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEE/ INTEGRATED WASTE MANAGEMENT TASK FORCE 900 SOUTH FREMONT AVENUE, ALHAMBRA, CALIFORNIA 91803.1331 P.O. BOX 1460, ALHAMBRA, CALIFORNIA 91802 Mr. Troy Butzlaff Assistant of the City Manager City of Diamond Bar' 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Butzlaff: NONDISPOSAL FACILITY ELEMENT (NDFE) REVIEW WM-2 In accordance with the requirements of the California Public Resources Code Section 41734 (b), and Title 14 of the California Code of Regulations Section 18761 (b), the Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force (Task Force) has reviewed your City's NDFE. The Task Force's review is limited to the regional assessment of nondisposal facilities identified in the City's NDFE, which would assist jurisdictions in implementation of waste diversion programs mandated by the California Integrated Waste Management Act of 1989 (Assembly Bill 939). The following comment(s) identified by checkmark is/are offered: X 1. The document should include a copy of the solid waste facility permit (SWFP) for facilities identified OR list SWFP numbers for each facility listed, together with inception and expiration date. 2. The City's NDFE describes future facilities which will be used by the City to meet its Assembly Bill 939 diversion objectives. However, the document should be expanded to include facilities currently being used to meet the short term diversion objectives. If the information is not available to the City, then this should be stated in the document. Mr. Troy Butzlaff April 20, 1994 Page 2 3. For nondisposal facilities with a recovery rate of at least five percent, the information regarding the type of facility (materials recovery facility, composting facility, etc.) is incomplete/was not provided in the City's NDFE. This information should be included in the document. 4. The document should list the capacity of each nondisposal facility located in the City, which has a recovery rate of at least five percent. X 5. The document should identify the estimated quantity of waste generated in the City and sent to each nondisposal facility located outside the City, which has a recovery rate of at least five percent. X 6. The document should identify the facility diversion rate capability for each nondisposal facility listed in the City's NDFE. X 7. For each nondisposal facility with a recovery rate of at least five percent, the facility's diversion rate and the diversion rate achieved by the City through the use of the facility, should be identified in the City's NDFE. 8. The City's NDFE should identify the participating jurisdictions for all nondisposal facilities located in the City. X 9. The information regarding facility locations(s) is incomplete/was not provided in the City's NDFE. Please revise/expand accordingly. 10. Other: Upon adoption of the NDFE by the City, please forward a copy to the Task Force. Mr. Troy Butzlaff April 20, 1994 Page 3 Should you have any questions, please contact Mr. David M. Smith, of this office, at (818) 458-3561, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Very truly yours, HARRY W. STONE, Acting Chairman Los Angeles County Solid Waste Management Comm ittee /Int tited Waste Management Task Force DAVE YAMAHARA� Assistant Deputy Director Waste Management Division RWB:jk RUSSELLI/DIAMBAR.LTR cc: Mr. Terry Belanger, City Manager Ms. Judith Friedman, California Integrated Waste Management Board EXHIBIT "B" CITY RESPONSE TO COMMENTS MADE BY: • �Z ►f MEMORANDUM TO FILE To: Mr. Troy Butzlaff Assistant to the City Manager From: Michael Huls Project Manager Date: April 22, 1994 Subject: Revision of NDFE for City of Diamond Bar In accordance with your request, I have modified your City's NDFE in response to comments received from the local task force of Los Angeles County: 1. Identify correct locations The most accurate available locations are provided. 2. Show all addresses and diversion rates of NDFs All addresses available have now been provided along with diversion rates. 4. Provide SWFP numbers All available SWFP numbers have now been provided. 5. Provide tonnage sent to all facilities Available tonnage information has been included. FE which do not handle any In addition, I have deleted certain facilities sem the rmit DP us, one MRF facility to be waste and will not be obtaining a solid p located in south central Los Angeles will most likely not be used by the City, so I have deleted it as well. CITY OF DIAMOND BAR AGENDA NO. AGENDA REPORT TO: Honorable Mayor and Members of the City Council REPORT DATE: May 12, 1994 MEETING DATE: May 17, 1994 FROM: Troy L. Butzlaff, Assistant to the City Manager _Ma oervr_�ina TITLE: Proposed Changes to the City's Solid Waste Collection, UM130541 011u System anies SUMMARY: For the past several years, the City has issued permits to qualified waste comp some ncern raised by wishing to provide solid waste collection services. In response to of admin stet ng and enforcing ngI the permitted waste haulers, and to establish a more effective means ro osed disposal, several City s standards and requirements for solid waste collection andand ng permit systemanges are p p that would modify the City's enabling Ordinance and corre p receive public RECOMMENDATION: It is recommended that the City Council open the public hearing, tin sive full reading and approve Ordinance 02A (1990) amending Ordinance 2 (1990) adopting testimony, w recycling, transportation, and disposal of solid requirements and standards relating to the collection, for the collection and disposal and compostable materials. It is further recommended that the City Council app waste, recyclableermit s stem ashes of the Resolution 90-95B, which amends and reforms the existing p y teres and disposal of of solid waste, and direct staff to issue notice to all waste haulers recycling, a ng, othercomposting, interested terested p City's intent to issue permits for the collection, transpo solid waste, recyclables, and compostable materials generated within the City. X Staff Report X Public Hearing Notification LIST OF ATTACHMENTS: X Resolution(s) Bid Specification — X Ordinances(s) — Agreement(s) SUBMITTAL CHECKLIST: }( Yes — No 1 Has the resolution, ordinance or agreement been reviewed by the City Attorney? ? MAJORITY 2. Does the report require a majority or 415 vote? _ Yes — No NIA 3. Has environmental impact been assessed? Yes No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: ;rre_n_CV_L EWED BY: Z Tra . Butzlaff FranM. Usher Ass to the City Ma ager . Belanger Assistant City Manager City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 17, 1994 TO: Honorable Mayor and Members of the City Council FROM Terrence L. Belanger, City Manager SUBJECT: Proposed Changes to the City's Solid Waste Collection, Disposal and Recycling System ISSUE STATEMENT: ears, the City has issued permits to qualified waste For the past several y response to companies wishing to provide solid waste collection services. In permitted waste haulers, and to establish some concern raised by the City's p and enforcing the City's standards a more effective means of administering and requirements for solid waste collection and enabling ordinance eandacorresponding proposed that would modify theCity's permit system. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive waive full reading and approve Ordinance 02A (1990) public testimony, nts and standards relating to amending Ordinance 2 (1990) adopting requireme the collection, recycling, transportation, and disposal of solid waste, t the recyclable and compostable materials. It is which amendsher and recommended na he existing City Council approve Resolution 90-95B, and direct permit system for the tcollection o all wastea d disposal lers al of olinterested parties of staff to issue notice the City's intent to issue permits for the collection,recr clablesatland recycling, composting, and disposal of solid waste, Y compostable materials generated within the City. BACKGROUND: The collection and disposal of solid waste is one of many rns hoteCtepublic tate has granted local governments broad authority over in orderr to to P o remove and health and safety. Local governments derive this authority powersse also dispose of solid waste from their general Porant powers.The collection and give local governments the authority to geguat aspects disposal privileges to private parties, and es rvationsoftherwierthelhealth, safety, of solid waste management to insure the p and well-being of the general public. In addition to the authority derived from state law, cities are specifically authorized by statue to provide for solid waste collection and disposal services within their jurisdictionaliCounciPublicforni l hasthe Resources outhority oto Section 40059 (a) (1) , states that the City determine "aspects of solid waste handling which are o local concern, 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. Furthermore, the City Council can determine whether these services are to be provided means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, nr if, in tha -1 LL= _1 L'y Council, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise. DISCUSSION: As has been previously stated, the City Council has been given broad authority, under state law, to prescribe, by ordinance or resolution, the terms and conditions of any contract and/or permit for the collection and disposal of solid waste. In 1990, the City Council adopted Ordinance 02 (1990) which repealed in its entirety, Chapter 20.72 of Title 20 of the Los Angeles County Code and established requirements and standards relating to garbage and refuse collection in the City. Unfortunately, this Ordinance was written in anticipation of an exclusive franchise being awarded; an action that never came to fruition. Moreover, because the Ordinance was written prior to the enactment of the California Integrated Waste Management Act of 1989 (AB 939) and its progeny, it is considerably vague on certain issues of critical importance if the City is to maintain a proper system for the collection and disposal of solid waste (i.e., fees, insurance, bonding requirements, recycling, etc.). This lack of specificity has raised some concerns with City staff and has made the Ordinance more difficult to administer. In addition, certain individuals within the solid waste community have indicated that the City's solid waste management system may be potentially unenforceable due to the lack of specificity in the Ordinance. City staff has thoroughly reviewed the existing requirements and standards for solid waste collection services and has prepared an amended Ordinance 02A (1990) that would remove much of the ambiguity that exists in the enabling Ordinance. In addition to revising the City's standards and requirements for solid waste collection and disposal to insure conformance with the type of solid waste system that has been established, the proposed amendments significantly modify the provisions of the original enabling legislation by including language that is more reflective of the changes that have occurred in solid waste management as a result of the California Integrated Waste Management Act of 1989 (AB 939). Perhaps the most significant difference between the existing ordinance and the proposed amendment is that the City Manager will be empowered to determine which day of the week best suited for refuse collection services. Thus, any solid waste contractor wishing to provide collection and disposal services will be obligated to the provide those services in accordance to a collection schedule that has been determined by the City Manager. The City Council has heretofore determined that the issuance of multiple permits to qualified solid waste collectors, through the creation of a modified permit system, is in the best interest of the community because it promotes competition amongst companies and grants residents and businesses the right to select the company of their choice. In order to ensure internal consistency with the City's permit system and to establish uniform standards and requirements, the proposed Ordinance includes many of the provisions contained within Resolution 90-95A which establishes the City's permit system. .y __,i-egra---ng -.ze City's permit system into the proposed Ordinance, the City will be able to more effectively enforCe 1tS standardv and raqusl��n�«,! PoL the collection and disposal of solid waste and recyclable materials. Should any company fail to perform or provide any service required under this Ordinance, including, but not limited to, the resolution of customer complaints; the provision of certain reports and adverse information that could affect the City, the provision of insurance certification, fees, and bonding, and the provisions of certain services (i.e., recycling, used motor Oil collection, etc), the City could impose liquidated damages and/or terminate a company's right to provide collection services. Since 1991, the City has issued permits to qualified waste haulers wishing to provide collection and disposal services. 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. On December 15, 1992, the City Council approved Resolution 90-95A which modified the original solid waste permit system (Resolution 90-95) to include the issuance of individual non-exclusive contracts for the collection, transportation, recycling, composting and disposal of solid waste, recyclables and compostable materials generated within the City of Diamond Bar. Over the past several months, City staff has meet with representatives from the two waste companies servicing the City to discuss aspects of the City's permit system including their concerns and recommendations on how to improve the system. In response to the concerns raise by the haulers, City staff has made several changes to the agreement. These changes encapsulate input provided by members of the City's Solid Waste Subcommittee, as well as, the recommendations received from the permitted haulers. Some of the more significant modifications include: o Section 5 (G) Used Motor Oil. The Permittee, at the Permittee's sole expense, is required to collect up to five (5) instead of four (4) quarts of used motor oil. o Section 9 Term and Renewal. The permit term will be increased from one year to two years. o Section 12 (1) Termination. The provision to terminate agreement without cause has been deleted. o Section 22 Collection Equipment. (1) The requirement that collection vehicles be less than five (5) years old has been deleted. (5) The requirement that all vehicles, high visibility bins, roll -off containers, earth- quake/catastrophe preparedness containers be identified with special signage has been withdrawn. Instead collection vehicles will be required to display special City provided decals. o Section 26 (C) Hazardous Substances Indemnification. A due diligence clause ham been added. The Permittee will continue to defend, protect and hold harmless the City, its officers, employees, agents from and against all claims, actual damages, injuries, and cleanup costs arising out of the willful and/or negligent disposal of hazardous materials and/or substances at any place where the Permittee stores or disposes of municipal solid waste. o Section 27 (B) Permittee's Books and Records: Audits. The requirement to provide an annual financial review has been modified. The City may now, with due cause, require a Permittee to conduct a full financial review of their operations within the City. This review is limited to the Permittee's financial records including related statements of income, number of accounts, and related expenses for the year then ended. o Exhibit "B" Special Wastes. Metallic discards have been added as a special waste. This is in response to new state legislation prohibiting the disposal of this material. City staff has discussed these changes and the proposed Ordinance with the permitted haulers. It is the mutual consensus of the permitted haulers and staff that these changes are beneficial and will contribute to the overall success of the City's solid waste management system. Therefore, staff recommends that the City Council approve both Ordinance 02A (1990) and Resolution 90-95B. PREPARED BY: V Troy L. tzlaff Assist t to the City Manager ORDINANCE NO. 02A (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE 02 (1990) ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Ordinance 02 (1990) of the City of Diamond Bar hereby is amended to read, in words and figures, as follows: S_F.CTION 2: The following provisions are hereby adopted as the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable, and Compostable Materials Ordinance of the City of Diamond Bar to read, in words and figures, as follows: "Soli_ d Wa}tP, Recvc�ah�P and nmDOctA}11P T��atariole r0llection "Section 1 Legislative Policy. Section 2 Definitions. Section 3 Authority of City Council to Issue Permits. Section 4 Permits for Refuse Collection and Establishment of Collection Fees. Section 5 Unlawful Collection. Section 6 Permittee to have Exclusive Rights --Exception. Section 7 Collection in Emergencies. Section 8 Hours of Collection. Section 9 Refuse Collection --Spillage. Section 10 Residential Refuse Containers. Section 1 I Commercial Refuse Bins. Section 12 Replacement of Containers for Collection. Section 13 Time and Date of Placement of Containers. Section 14 Refuse Removal. Section 15 Refuse Disposal. Section 16 Special Provisions Regarding Method of Disposal. Section 17 Burning, Burial or Dumping. Section 18 Duration of Storage. Section 19 Use of Trucks. Section 20 No Parking of Refuse Trucks on any Public Highway. Section 21 Trucks --Equipment Required. Section 22 Specifications and Restrictions on Collection Trucks. Section 23 Truck Inspection. Section 24 Permittee's Local Telephone Number. Section 25 Permittee's Employees. Section 26 Permit for Removal of Refuse --Prerequisites. Section 27 Permit Issuance. Section 28 Charges for Service. Section 29 Right of Provision Modification. Section 30 Right to Grant Franchise. Section 31 Penalty for Violation of Chapter. Section 32 Civil Remedies Available. Section 33 Severability. "lection 1. Lesislative Policv. The City Council finds and determines that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of Diamond Bar and surrounding cities. The City Council further recognizes that recycling and waste reduction is of national, regional, and local importance, and that the adoption of uniform regulations for the collection, disposal, recycling, and transportation of solid waste, recyclable and compostable materials as provided in this Ordinance are designed to eliminate or alleviate such problems. "Section2. Definitions. For the purpose of this Ordinance, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: "A. '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 Ordinance 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 Ordinance, shall be those which the City Council may from time to time hereafter approve by resolution. "C. 'Animal Waste' means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. "D. 'Bins' means those 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. "E. '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. T. 'City' means the City of Diamond Bar. "G. 'City Clerk' means the City Clerk of the City of Diamond Bar. "H. 'City Manager' means the City Manager of the City of Diamond Bar or his designee. "I. 'City Limits' means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the City Clerk. IT 'Council' means the City Council of the City of Diamond Bar. "K. '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. T. 'Commercial Unit' means any commercial business, industrial complex, certain multi -family residences, any mobile home park, any hotel or motel, any office building, or retail establishment which utilizes bins or other containers, as defined in this Ordinance, for the collection of solid waste and recyclables.. "M. '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. "N. '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). "O. 'Garbage, Refuse or Solid Waste' means putrescible and non-putrescible solid and 51 semisolid material generated in or upon, related to the occupancy of, remaining in or emanating from residential or commercial/industrial units, such as ordinary household garbage, refuse, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, as well as, 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, and other discarded wastes as defined in California Public Resources Code Section 49503, but excluding certain special waste and materials set out for recycling, and composting. Solid waste shall not include any hazardous wastes as defined herein. "P. 'Hazardous Waste' means any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et_ sept or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. ss 9601 et sea., and all future amendments to either of them, or as defined by the California Environmental Protection Agency or the California Integrated Waste Management Board, or either of them. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. "Q. 'Industrial Waste' means all solid waste and semi-solid waste which results from industrial processes and manufacturing operations. "R. 'Multi -Family Units' means residential units such as apartments, condominiums and townhomes, other than Single Family Dwellings, which utilize bins or other containers, as defined in this Ordinance, for the collection of solid waste and recyclables. "S. 'Municipal Solid Waste' means all Solid Waste generated within the City which is designated for collection under this Ordinance. "T. 'Occupant' means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence. "U. 'Permit' means the written authority by City and evidenced by this Ordinance 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 recyclable materials, all solid waste, green waste and recyclables kept, generated and/or accumulated within the City. IT. 'Permittee' means the individual, firm, corporation, association, or group or combination acting as a unit that has been authorized by the City Council to collect refuse within the City pursuant to this Ordinance. "W. Public Highway' means any public street, alley, road, public place or highway, 0 except state freeways, open to and used by the travelling public and not used as a private right-of-way within the City. "X. 'Recyclable Material' means any material generated on or emanating from residential or commercial/industrial units which is no longer useful or wanted and has the potential of being reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. Such material may include, but is not limited to 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 Ordinance. "y. '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 Ordinance, for the temporary storage and collection of Recyclables. "Z. Refuse Collector' means any person or persons, firm, copartnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of solid waste and/or recyclable materials. "AA. 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. "BB. 'Residential Units' means any structure 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. "CC. 'Scavenging' means the uncontrolled and unauthorized removal of any recyclable materials, as defined by California Public Resources Code Section 41950 and 41951, or solid waste without a permit pursuant to this Ordinance "DD. '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. "EE. '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 "Solid Waste containers" does not include Bins used by multifamily residences. "FF. 'Special Wastes' means any solid waste listed in Section 66740 of Title 22 of the California Code of Regulations, or any waste which has been classified as a special waste by the City Council, including, but not limited to, any material which because of its source of generation, physical, chemical, or biological characteristics or unique disposal practices, is specifically conditioned in the solid waste facilities Permit for handling and/or disposal. "GG. 'Truck' means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse or to haul or transport refuse. 1 Authority of itv Council to Issue Permits for nic,,.,��1 ,,+ l .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's interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions. California Public Resources Code Section 40059, as amended from time to time or any successor provision or provisions thereto, authorizes the City to determine (i) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services; and (ii) whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The City Council has now therefore determined, pursuant to California Public Resources Code Section 40059(a)(1),that the public's 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 areas within the City of Diamond Bar. i n 4. INE—Inits for Refuse Collection and E -is- o f ll i n Fees. The Council determines that the disposal and/or collection of refuse, trash, rubbish or other solid 9 waste is a service to be performed in the City in accordance with the provisions of this Ordinance. The City may from time to time issue permits to those parties meeting the criteria of this Ordinance and such other standards as may be established by resolution of the City Council regarding the collection of refuse, rubbish and other forms of solid waste from residential and commercial units. So long as any such permit remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions thereof. Fees and charges for such collection, removal and disposal services shall be those which the Council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any refuse, trash, recyclable and/or compostable material, or other solid waste including hazardous wastes or infectious medical waste, within the City from any residential or commercial units, nor transport the same over any public highway or rights-of-way, unless a permit to do so has first been obtained from the Council and such person complies with the provisions of this Ordinance and any other regulations which have been adopted pursuant to this Ordinance. " . lyTnlawful Collect��n No person shall collect or transport refuse or recyclable material within the City unless such person is a permittee, as defined in this Ordinance, or is exempt in accordance with subsections A through F of this Section. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse or recyclable material from any residential or commercial units with any person who is not a permittee as herein defined except as permitted in subsections A through F of this Section. "A. The collection and removal of grass clippings, prunings, shrubbery, and H similar materials by individual residents and by individuals doing business as professional landscapers, tree trimmer or other persons engaged in similar trade, when the collection is directly related to their work, shall be exempt from the refuse permit system. "B. A permittee shall not be required to collect hazardous waste or other dangerous materials as part of its regular collection activity. Liquid and dry caustics, acids, infectious, flammable, explosive materials, insecticides, and similar substances shall not be deposited in collection containers. Any person collecting such substances shall, in addition to any "requirements of State and Federal law, obtain a permit therefor pursuant to the provisions of this Article. "C. Infectious medical waste (as defined in California Health and Safety Code Section 25117.5, as amended from time to time, or any successor provision or provisions thereto) shall not be collected by a permittee as part of its regular collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy, and in accordance with the California Health and Safety Code. Disposal of infectious medical waste shall be conducted pursuant to a permit issued under this Ordinance in addition to any requirements imposed by State law. "D. No provision of this Chapter shall prevent the occupant of a residential unit or commercial unit from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable scrap, discard, reject, by- product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a residential or commercial unit, and no longer useful to the same, but having no market value, whether such buyer is a recycler, junk 11 dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station as defined in California Public Resources Code Section 40200. "E. The collection and removal of recyclable material, including but not limited to, glass, newspapers, aluminum and cardboard, that are separated either for reuse or for the manufacture of new products shall not be exempt from the provisions of this Ordinance; however, such activities may be the subject of a separate permit at the discretion of the Council. "F. The removal and disposal of refuse from a residential unit by the occupant or owner thereof shall be exempt from the refuse permit system, subject to the provisions of Section 13 of this Ordinance. "Section 6. Permittee to have Exclusive Rights-- Exception. Excepting existing rights that the City reserves to itself, or as otherwise provided in this Ordinance, persons to whom the City may issue a permit and the agents, servants and employees of any such person, while the permit is in effect, shall have the exclusive right to gather, collect and remove refuse, recyclable and/or compostable material, and other waste material from any residential or commercial unit within the City subject to such terms and conditions as the Council may apply to the issuance of such permit. 12 "Section 7. Collection in Emergencies. "A. 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, 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, the City shall have the right, upon twenty-four (24) hour prior written notice to Permittee, during the period of such emergency, to issue limited permits to private persons or corporations to perform any of the services regulated by this Ordinance or 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 Ordinance, 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 Ordinance. 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 13 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 Ordinance. "Section 8. Hours of Collection. "A. Collection shall be made between the hours of 6:30 a.m. and 6:30 p.m. Collections from commercial and industrial locations may begin at 6:00 a.m. provided, however, that the permittee's operations do not disrupt the peace and quiet of adjoining residential neighborhoods. The City Manager may require a permittee to change hours of operation in commercial and industrial areas if it can be determined that said operations have a detrimental affect upon the peace and quiet of adjoining residential neighborhoods. "B. In order to prevent problems of traffic, noise, wear and tear to public highways, or other problems having the potential to adversely affect the health, safety, and the general quality of life of the community, the City Manager may regulate the routes, intervals, delivery points, and times for collection by permittees operating within the City. "C. The City Manager may waive the requirements of this Section when necessitated by conditions beyond the control of the permittee. "Section 9. Refuse Collection --Spillage. llage. Permittee shall exercise all reasonable care and diligence in collecting refuse and recyclable material so as to prevent spilling, scattering or 14 dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence, clean up any such spillage. "Section 10. Residential Refuse Containers. "A. Permittee shall, at a minimum, provide a 100 -gallon container or suitable alternative, as approved by the City Manager, for the collection 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 by Resolution of the City Council. "B. Nothing in this Section shall prohibit any tenant, lessee or occupant of any Residential Unit to provide without expense to the City their own container providing that the container is specifically designed for the containment of refuse, or watertight metal or plastic containers except as hereinafter provided, which shall have suitable bales or handles and a tight -fitting cover which shall prevent leakage or escape of odors, and which when filled within four inches of the top shall contain all refuse which would ordinarily accumulate on such units between collections. The exterior of such containers, including covers, shall be kept clean from accumulated grease or decomposing materials. Except when placed in accordance with Section 12 hereof for collection purposes, refuse containers shall be kept and maintained only in storage locations permitted by the Diamond Bar Zoning Ordinance, as the same presently exists or as may be amended from time to time, or as specified by use permit or other entitlement for use. "C. Permittee shall provide a container(s) or suitable alternative, as approved by the City Manager, capable of storing a minimum of 36 -gallons of commingled 15 recyclables as defined by this Ordinance. It shall be the occu duty of every tenant, lessee or pant of any Residential Unit to maintain said containers in a reasonable easonable safe and secure "D• Grass clippings, leaves and other yard work debris, other than branches or tree limbs, may be either deposited in metal or plastic containers, or specially mentioned, or cardboard boxes. If cardboard boxes designed bags, as above contents, shall be considered refuse set out for collection and both the cardboard boxes and contents shall be collected. "E• Branches, tree limbs or other similar debris shall be t' wire, in bundles not exceeding .four feet in len led with sturdy twine, rope or Newspapers and magazines length nor eighteen inches in diameter. may be either deposited metal or plastic containers, as above mentioned, or tied with sturdy twine, rope or wire, weight. in bundles not exceeding fifty pounds in "G. Extra or unwanted cardboard boxes shall be flatten fifty ed and tied in bundles not exceeding four feet in length nor Y pounds in weight. "H• Any container designed to be emptied by hand shal fifteen 1 have a capacity of not less than gallons nor more than forty-five gallons, and which shall when loaded, ade9 garbage nate to contain the amount of not exceed fifty pounds in weight and combustible rubbish normally accumulating during the interval between collections thereof. 16 "lection 11 i�nmmPrM;�l Re �B. ink. "A. 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, "B. Each such bin employed solely for the accumulation of commercial garbage shall be of durable metal or plastic construction, water tight and shall be equipped with a tight -fitting metal or plastic cover. The use of oil drums of fifty gallon capacity or more is specifically prohibited. "Se- 12. Placement of n„ra�ner� for C'nitP�+...,,• It shall be the duty of every person having charge and control of any residential or commercial unit to set out or place containers or bins for the collection of refuse, recyclables, compostable materials, miscellaneous debris and combined rubbish and/or other solid waste, as follows: "Any container used for the purpose of reception and removal of refuse or recyclable materials shall be placed at the curb in front of the dwelling, or the alley in the rear of each dwelling; except where alleys, having access to public highways at each end, exist in the rear of commercial units, and from such premises collections shall be made from such alleys, provided that the permittee may designate some other location for the placement of containers and/or bins when such placement will expedite collection, and approved by the City Manager. 17 "A. No person shall place, or cause to be placed, any refuse or recyclable material, or container or bin used for the collection of refuse or recyclable materials, in any public highway or in any place or in any manner other than hereinabove provided, or at any time other than the days established by the City for the collection of such refuse or recyclable material on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all containers and bins shall be removed from the place of collection prior to 10:00 P.m., on the day the containers and bins have been emptied. "B. Each owner, occupant, tenant or lessee of a residential or commercial unit shall maintain the same in a sanitary condition. Should any container or bin not be emptied and the contents removed on the date and time scheduled by the permittee, they should immediately notify the permittee or the City, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal of the refuse. "C. Refuse, recyclables, compostables, salvage and other special waste, as defined herein, which exceeds the limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval of above-mentioned occupant of the premises and subject to any requirements set forth in the permit. "D. No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the City or a permittee's agents or employees authorized for such Purposes, shall tamper or meddle with any container or bin used for the collection of refuse and recyclables, or the contents thereof, or remove the contents of any container or bin, or remove 18 any container or bin from the location where the same shall have been placed by the owner thereof or owner's agent. "Sgction 14_. Refuce Removal. Pursuant to California Administrative Code Title 14, Chapter 17.331H, all refuse created, produced or accumulated in or about a residential unit or commercial units in the City shall be removed at least once each week. No person who is the occupant of any of the above-described premises shall fail or neglect to provide for the removal of refuse at least as often as prescribed in this Section. " i 15. Refu e Di nosal. The permittee shall dispose of collected wastes, at permittee's expense, at a City -directed landfill or transfer station in a manner satisfactory to the City and in accordance with all state and local laws and regulations. • . S r-ci 1-1. J!rovi Sion•.r in M • • .• . "A. The removal of wearing apparel, bedding or other refuse from residential units or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the County Health Officer and such refuse shall neither be placed in containers or bins nor left for regular collection and disposal. "B. Highly flammable or explosive or radioactive refuse shall not be placed in containers or bins for regular collection and disposal, but shall be removed under the supervision of the City at the expense of the owner or possessor of the material. "C. Refuse or other solid waste containing water or other liquids shall be 19 drained before being placed in a container or bin. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or bin. "D. No hazardous material, as defined in this Ordinance, or any other dangerous substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any rubbish, solid waste or other refuse which is to be collected, removed or disposed of by a permittee. Such items shall be removed at the occupant's expense only after arrangements have been made with the permittee or City for such removal. "E. Animal waste, as defined in this Ordinance, shall not be placed in containers or bins for regular collection and disposal, but shall be removed at the occupant's expense. T. Permittee may, but is not required to, provide such collection, transportation -and disposal services for Special Wastes as defined herein. Permittee may provide such service for Special Wastes if contracted to do so by customers under separate written contracts negotiated between Permittee and the customer generating such Special Wastes. "G. Permittee, at Permittees' sole expense, shall collect up to five (5) 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 20 and shall, at Permittees' sole expense, clean-up any such spillage within four (4) hours of notification by City. i 17.rnin , Burial or D mfg, "A. It shall be unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped any solid waste, recyclable material, hazardous waste or infectious waste of any kind whatsoever upon any private or public property within a distance of one thousand (1,000) feet from any public highway in the City, or within a distance of five hundred (500) feet from any residential or commercial unit, or to cause or suffer or permit such solid waste, recyclable material, or infectious waste to be placed, deposited or dumped upon any public or private property within a distance of one thousand (1,000) feet of any public highway or within a distance of five hundred (500) feet from any residential or commercial unit within the City, without first having obtained a use permit pursuant to the zoning laws of the City, County, and State of California, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of said zoning laws of the City. The provisions of this Section shall not apply to solid waste, recyclable materials, hazardous waste or infectious waste placed into a container for pick- up by a refuse collector operating pursuant to a permit issued under this Ordinance. "B. No person shall burn, bury or dump any refuse, recyclable material, hazardous waste or infectious waste within the City at any time, without having first complied with all rules and regulations of the City, the County, the South Coast Air Quality Management District, or any other agency with jurisdiction. 21 "SgZign18.Durati� n of_ Storage. Pursuant to California Administrative Code Title 14, Chapter 3, Section 17.331H, no person shall store or accumulate any refuse, rubbish or miscellaneous debris in any container or at any location other than as hereinabove set forth, or for any length of time other than as follows: "A. Refuse shall not be accumulated or stored for a period. of time in excess of "(1) Residential units: One week (seven days); "(2) Commercial units: One week (seven days),- "B. ays); "B. Recyclable materials shall not be stored or accumulated for a period of time in excess of one week (seven days); "C. The above periods of time which end in any week in which a holiday occurs are extended one additional day. i n 9. U§g of Trucks . Any persons who desire to operate privately owned refuse, trash or recycling vehicles under provisions of this Ordinance shall utilize vehicles that are registered with the Department of Motor Vehicles of the State of California, and are of a 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. The City Manager shall require the permittee to remove from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom. 22 ItstaiQILLO• No Parking of Re ice Trucks on anY Public Hi�hwav "A. No person, between the hours of 8:00 p.m. and 5:00 a.m., shall leave a refuse truck parked on any public highway. "B. No person, between the hours of 5:00 a.m. and 8:00 p.m., shall leave a refuse truck parked on any public highway for more than one hour unless the City Manager is notified that a breakdown or emergency exists. UI—D2 1. Trucks --Equipment Required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance, and an identification card with the name of whom to telephone in case of an accident or emergency. Each truck shall also be equipped with a five -pound fire extinguisher certified by the California State Fire Marshal and recharged as needed, but not less than once annually. Vehicles shall be equipped with a shovel and broom to clean up any spillage. in 2 . Specifications and Restrictions on Collection Trucks. All trucks used for refuse, recyclables or compostable materials collection within the City shall be required: "A. To be completely enclosed with a nonabsorbent cover while transporting refuse, recyclables or compostable materials or other waste materials in or through the City. 'Completely enclosed with a nonabsorbent cover' means that refuse, trash, recyclable or compostable materials shall not be visible from the public highway, nor shall any of the substances be permitted to leak, spill or become deposited along any public highway; 23 "B. All trucks used in the course of refuse or recyclable materials collection shall be uniformly painted in colors approved by the City Manager and identified by truck numerals, a company logo, and local telephone number in letters and figures no less than five inches (5") high. All collection trucks shall display the seal of the City of Diamond Bar with the words "Serving the City of Diamond Bar" in letters no less than eight inches (8") high. T. All trucks shall be kept clean and in good repair at all times. Equipment bodies shall be of metal and reasonably watertight so that no materials shall leak, fall or be spilled. "D. All trucks shall be maintained in good and safe mechanical condition. Vehicles must conform to the California Vehicle Code and all other applicable laws and are subject to inspection at any time by the City or the California Highway Patrol. i n 23. Truck Inspection. "A. Each of any permittee's trucks shall pass a California Highway Patrol Biannual Inspection of Terminals. Proof of inspection shall be made available at the discretion of the City Manager at any point of operation. Failure to pass the vehicle inspection may result in denial or revocation of the permit. "B. A decal may be issued by the City for each truck complying with provisions of this Ordinance which shall be placed on the truck in a conspicuous place. 24 "Section 24. Permittee's Local Telephone Number. Each permittee must maintain a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking messages. "Section 25. Permittee'a Employees. Each permittee must provide high-quality service by industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents of Diamond Bar in a courteous, helpful and impartial manner. "A. The City may, at its option, require fingerprinting of the permittee's employees whose service will cause them to enter onto or work in close proximity to private property. "B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor. "C. Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the State of California. "D. The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in refuse collection service within the City. "Section 25. Permit for Removal of Refuse— Prereq uicu _it_es. "A. Procedure and Required Information. Any person or refuse collector desiring to obtain a permit to remove or convey any solid waste, recyclable or compostable 25 material, hazardous waste or infectious waste upon or along any public highway within the City from any residential and/or commercial unit, shall sign and file an application in the form prescribed by the City and pay a permit application fee as may be established by resolution of the City Council. To the extent permitted by law, the information submitted in the application shall be kept confidential. Each permit application shall be filed with the City Manager or his designee and shall include, at a minimum, the following information: "(1) Name and description of the permittee; "(2) Permanent business address and address of local office of the permittee; "(3) Trade and firm name; "(4) If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses; "(5) Facts indicating that the permittee has arranged for refuse disposal in an area where the same may be legally accepted and disposed of as directed by the City; "(6) The type of solid waste, recyclable material, hazardous or infectious waste to be collected in each of the applicable areas: residential, commercial, multi -family residential, industrial; "(7) Facts indicating that permittee is qualified to render efficient refuse collection service; "(8) Facts indicating that trucks and equipment conform to all applicable provisions of this Ordinance; 26 "(9) Satisfactory evidence that permittee has been in existence as a going concern for in excess of five years and possesses not less than five years' actual operating experience as a going concern in residential and/or commercial refuse collection and disposal; "(10) Satisfactory evidence that permittee's experience as a going concern in residential and/or commercial refuse collection and disposal derives from operations of comparable size to that contemplated by the permittee; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served; "(11) Evidence that permittee is in good standing in the State of California and in the case of a corporation organized under the laws of any other state, evidence that permittee is licensed to do business in the State of California, "(12) A detailed inventory of the permittee's equipment available for use in refuse collection area; "(13) A written statement that permittee has complied with or is capable of complying with all regulations imposed by the County of Los Angeles and the State of California for the collection and disposal of solid wastes. "(14) Facts indicating that the applicant owns or has under his control, in good mechanical condition, sufficient equipment to conduct the 27 business of refuse collection adequately if granted a permit, and that applicant owns or has access to suitable facilities for maintaining his equipment in a clean and sanitary condition. "(15) Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for refuse collection which can be legally served by the applicant. "(16) Such other pertinent facts or information as the City Manager may require, including evidence of State certification, if applicable. "(17) Any of the above provisions in conflict with certification requirements imposed by State law shall not be required. "B. Permit Fees. "(1) 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 Ordinance. Permittee shall 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 thirty (30) days after the close of each quarter of Permittees' fiscal year. "(2) The Permittee shall remit to City, for its reasonable costs of granting a Permit, a non-refundable application fee as determined by resolution of the City Council and from time to time amended. "(3) The Permittee shall be required to remit to City an annual permit 28 fee or such fee as determined from time to time hereafter by resolution of the City Council. 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. "c. Reports. "(1) The Permittee shall submit, in a form approved by the City, an annual report within 120 days after the close of each fiscal year. This report shall include, but is not limited to, the following information: (a) 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; (b) 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. (c) 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; (d) A list of Permittee's officers and member of its board of directors. (e) A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Permittee and any ME 30 subsidiaries unless Permittee is a public corporation whose annual reports are publicly available. "(2) Permittee shall submit, in a form approved by the City, a monthly program report. 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 generator type, disposal facility used and disposal fees paid; (b) Summaries of tonnage of recycled material collected by material; (c) Summaries of tonnages of non-recyclables and contaminants disposed; (d) Summaries of tonnages, using an approved sampling methodology, of each material processed, sold or otherwise exchanged for processing, by material type; (e) Average market prices for each material sold, and processing charges or acceptance fees for yardwaste or other applicable materials; (fl 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; 30 (h) Summaries of the number of service complaints by route, including the date, nature of complaint, and how it was resolved. "(3) Permittee shall provide up to six (6) reports of varying detail and format, as specifically requested by the City, to meet unforeseeable information queries of the California Integrated Waste Management Board, Los Angeles County Integrated Waste Management Task Force, or other public agencies. "(4) Permittee shall provide City two (2) copies of all reports, or other material adversely affecting the Permittee's status under this Ordinance, including, but not limited to, reports submitted by Permittee to the Environmental Protection Agency, 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. "(5) 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 Ordinance. 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. "(6) 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. 31 "(7) All reports and records required under this or any other section shall be furnished at the sole expense of the Permittee. "D. Bonding of Permittee. Before granting a permit under the provisions of this Ordinance, the Council shall require the permittee as a condition to the permit, to post with the City Clerk a cash bond or surety bond payable to the City 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. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. Permittee shall also 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. "E. Indemnification by Permittee. As a condition of the City issuing a permit, permittee shall agree to appear and defend all actions against the City arising out of the exercise of such permit, and shall indemnify and save the City, its officers, elected officials, employees and agents harmless from all claims, demands, actions or causes of actions of every kind and description, including 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 , and any and all related attorneys' fees and court costs resulting directly or indirectly, 32 arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee or agent of permittee. "F. Liability Insurance. Permittee shall obtain and maintain in full force and effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000,00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. Said insurance shall protect 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 Ordinance, 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: (a) "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." (b) "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 33 insurance the City does possess shall be considered excess insurance and shall not contribute with it." (c) "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." (d) "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. All such policies shall contain at a minimum a provision requiring a thirty -day notice (30) to be given to the City prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Council. "G. Permittee shall obtain and maintain in full force and effect .throughout the entire term of the permit, full workers compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. 34 Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Ordinance. 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 Permittee for losses which arise from work performed by the named insured for the City. "H. Permittee agrees to protect, defend (with counsel approved by City) and indemnify City, its officers, elected officials, employees and agents 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 Permittee' proportional share of the waste stream collected under this Ordinance. "I. Compliance with Local and California Laws and Regulations. The permittee must agree to perform the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the City and applicable laws and regulations of the County of Los Angeles and State of California, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof. 35 " i27. P rmi Pr_ ovic,g. "A. Issuance or Denial of Permit. When an application has been made to the City for a permit pursuant to this Ordinance or such standards as may be time to time adopted by resolution of the City Council, it shall be the duty of the City Manager or his designee to consider the matter, and he or she shall have the right to grant, condition or deny the permit request, and such decision shall be subject to an appeal of the City Council. In granting, conditioning or denying the permit request, the City Manager and the City Council may take into consideration factors, including, but not limited to, the following: (1) The ability of the permittee to comply with standards and requirements enumerated in this Ordinance or such other standards as may be established by resolution of the City Council. (2) The ability of the permittee to comply with the equipment standards enumerated in this Ordinance or such other standards as may be established by resolution of the City Council. (3) The ability of the permittee to comply with the provisions regarding insurance or bonds enumerated in this Ordinance or such other standards as may be established by resolution of the City Council. (4) The ability of the permittee to cooperate, participate and consult with City to implement programs as identified Element (SRRE). in the City's Source Reduction and Recycling 36 Based on a preponderance of the evidence presented, the City Council shall make appropriate findings of fact before determining whether the permit should be conditioned or denied. If, based upon the record, the City Council determines that the performance Of Permittee is not in compliance with of any material terms of this Ordinance or an material provision of any applicable y federal, state or local statute or regulation, the City Council, in the exercise of its sole discretion, may deny the permit request. The decision of the City Council shall be final and conclusive. °B • Assignment or Transfer of Permit. No assignment or transfer of a permit pursuant to this Ordinance or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the Council. In the event any assignment or transfer is authorized by the Council, the assignee shall assume the liability and all other obligations of the permittee. Each permittee shall file, on or before January 1 of each calendar year, with the City Clerk, a statement of ownership and shall verify the same as being true and correct under penalty of perjury. A permit issued under this Ordinance shall not grant the Permittee rights under California Public Resources Code Section 49520, where at the time the permit is granted the permittee did not have a right to continue service under this section. tic. Revocation. A permit may be revoked at the option of the Council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the Council. If it is determined by the Cit Manager that permittee has not complied with the provisions of this Ordinance the y permit, and all other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the permittee in writing of noncompliance and shall order compliance P within thirty (30) days. 37 "If noncompliance is not corrected within the above -prescribed thirty (30) day period the Council, following a public hearing upon at least ten days' written notice to the permittee, may terminate the permit. y i n 28. Charges for Service. "A. Collection Charge. A charge for the collection of refuse shall be imposed on the owner or occupant of each residential or commercial units to which refuse collection service is made available. The charge so fixed shall be a civil debt due and owing to the City or Permittee from the owner or occupant of the residential or commercial unit to which the collection service is made available. The City Council hereby specifically finds and determines that the periodic collection of refuse and rubbish from all residential and commercial units benefits all occupants and residents of the City, provides for the health, safety and welfare of all persons in the City and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant avail himself of such collection service. p s 11B. Rate Adjustments. The Permittee shall provide the City and the owner or occupant of each residential or commercial unit that receives collection services, 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 char which es subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase. 38 loc.Billing and Payment. (I) 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 Ordinance. The Permittee shall designate that Portion of a customer's bill attributable to any fees imposed upon by the City 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. D• &W Review. 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 39 may regulate rates for those services required pursuant to this Ordinance if the following condition precedents occur: (1) Charges for solid waste collection and disposal services have increased by more than twenty-five percent (25%) over the previous years charges. (2) The City Council finds and determines that pursuant to California Public Resources Code Section 40059(1) the regulation of rates charged pursuant to this Ordinance is in the public interest in that it provides reasonable protection from excessive charges for services and insures uniformity in rates. (3) 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. in 9. Richt of Provi ion M4SIifi ��n. This Ordinance 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 Ordinance has been enacted, prevent or preclude compliance with one or more provisions of this Ordinance, 40 such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. The City specifically retains the right to repeal, amend, add to, or modify each and every provision of this Ordinance. i n 30. Richt to Grant Franchise. The City, subject to all applicable state laws, specifically retains the right to grant a franchise or franchises for the collection of refuse, recyclable and compostables materials from any residential or commercial units. i n L Penalty for Violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. n 32. -Civil Rem,dies Ale, 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 41 means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. v r ili . The City Council declares that, should any provision, section, Paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect." SE .Trnrr z; The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6. ADOPTED AND APPROVED THIS DAY OF 1994. Mayor 42 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on this day of 1994, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1994, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar 43 RESOLUTION NO . 90-95B 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 02A (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 anv niihl ; r n� v,^ 4- �r yl��� 7 i �aa1�UU 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 "A" and attached hereto. 4. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 17 day of May, 1994. 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 , 1994, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAINED: COUNCILMEMBERS ATTEST: Lynda Burgess, City Clerk T"LE OF CONTENTS Revised Agreement May 12, 1994 Revisions are Marked in IJ SECTION PACE SECTION 1. GRANT OF PERMIT FOR COMMERCIAL, RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND TEMPORARY BIN SERVICES.... SECTION 2. DEFINITIONS......... SECTION 3. ACCEPTANCE: WAIVER........ SECTION 4. PERMIT AREA....... SECTION 5. SERVICES PROVIDED BY PERMITTEE.......... SECTION 6. AB 939 ADMINISTRATIVE FEE.. SECTION 7. PERMIT FEES..... SECTION 8. PERFORMANCE DEPOSIT...... SECTION 9. TERM AND RENEWAL..... SECTION 10. PERMIT TRANSFERRABLE: CITY CONSENT REQUIRED..... SECTION 11. PERMIT TRANSFER: FEES.. SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION....... ....... 12 SECTION 13. MEDIATION PROCEDURE.. SECTION 14. CITY'S ADDITIONAL REMEDIES.......... SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY........ 17 SECTION 16. PRIVACY........... SECTION 17. REPORTS AND ADVERSE INFORMATION........... SECTION 18. PUBLIC INFORMATION AND EDUCATION...... SECTION 19. ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF SERVICE..... SECTION 20. SYSTEM AND SERVICES REVIEW..... SECTION 21. COMPENSATION..... SECTION 22. COLLECTION EQUIPMENT.,,,,,..,. SECTION 23. PUBLIC ACCESS TO PERMITTEE..... SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS........ 25 SECTION 25. OWNERSHIP OF SOLID WASTE... SECTION 26. INDEMNIFICATION AND INSURANCE..... SECTION 27. PERMITTEE'S BOOKS AND RECORDS: AUDITS.......... SECTION 28. GENERAL PROVISIONS...... 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 OnIAlU mmn DAA AND FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIAL This Agreement ("Agreement") is entered into this day by and between the CITY OF DIAMOND BAR "Ci of ("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 areas 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 coll of material provided for herein may be made only permits accordance with th rce�theetermsction and conditions thereof; and WHEREAS, City and are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); and WHEREAS, City and their re desire to leave no doubts as to ��spective roles, and that by entering into this agreement, City is not thereby becom- ing a generator" or an "arranger" as those terms are used in CERCLA s 107(a)(3), and that it is , 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 dmla R ite reasonable rates for the wllectton, transportation, recycling, composting and disposal of solid waste, recyclables and compostables generated within the City limits; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ION, INIWSTJUAL—A�M M'•R This Agreement grants a solid waste permit (hereinafter, "Permit") as defined in SECTION 2., below, to of the City of Diamond Bar (hereinafter, "Ordinance pursua19 2Ato9Ordand California ce No. 2A(Public Resources Code Section 40059(a)(1) for the collection, tran and disposal of solid waste and construction debris and corn sting, for p oviding temcling, bin/rolloffpo 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 decisions of a judicial body. SEC— LIIOIy 2• DEFINIT__ IONS Whenever any term used in this Agreement has been defined by Ordinance No. 2A (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 those 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. 2 D. 'Bulky Goods" means discarded household furniture,1tiYt11S1i1134Sa or icuic.c a, i11C 1LLu111� white goods; automobile parts, including tires; rock or brick in reusable form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in bundles not exceeding eighteen (18) inches in diameter or four (4) feet in length and other items the size or weight of which precludes or complicates their handling by normal collection, processing or disposal methods. E. "City Limits" means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the City Clerk. F. "Commercial Solid Wastes" include all types of solid wastes generated by stores, office solid waste. s, governmental institutions and other commercial sources, excluding single-family residential 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 tLsemor the , Comprehensive Environmental Response, Compensation and Liability Act ("CE,RCLA , ), 42 U.S.C. ss 9601 et seg., 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. 3 L. "Industrial Waste" means all solid waste and semi-solid waste wnicn resuits rrvi=1 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,�lar recyclable ittIlid waste, green waste and ylables kept, generated and/or accumulated whin he City. P. "Permittee" means , the entity authorized by the City Council to collect refuse within the City pursuant to Ordinance 2A-90 and the terms and conditions imposed upon the Permittee by this Agreement. Q. "Putrescible Waste" means wastes that are capable of being decomposed micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals. S. "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. 4 U. "Residential Solid Waste Containers means a container of a size, aesign, anu waguu 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. Y. "Special Wastes" shall mean all the items and materials which are set forth in Exhibit "B," "S=ial Waste". SECTION 3. ACCEPTANCE: WAIVER. Permittee agrees to be bound by and comply with all the requirements of Ordinance 2A-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 2A-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. SECTION 4. PERMIT AREA. 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 Agreement. 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 2A-90 and the provisions of this Agreement. SECTION 5. SERVICES PROVIDED BY PERMITTEE. 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 2A-90. B. Single Family Residential. 5 (1) Weekly Service. Once each week permittcw al -11 vulloct , j .—IA 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 the collection of refuse and recyclables. 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 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 2A-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 0 3b1ttC� p unless otherwise provided for in Ordinance 2A-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 0 by Permittee, at Permittees' sole expense, upon MgUUOL VC L11V, cuawnlc r. 11 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 -Family Weekly Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the bins are located, 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 Weekly Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the bins are located, 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 of residents, its arrangements for the collection of solid waste and recyclables in. commercial, areas., adjacent to residential areas, shall not start before <: ox eo .. Monday through Friday unless otherwise provided for in Ordinance 2A-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 Temporary 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 2A-90. The following holidays will be observed: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving 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. u Motor Oil. Permittee, at Permittees' sole expense, shall collect up to ................... ................... i quarts of uncontaminated waste motor oil per single-family residences W per month. Wastc mvtvr vil must Shall Ln, plawcl utc lhv, vu -b -- a.- vu _ 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." 1. Holiday Tree Recyd-jag. 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 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. Bulky Goods Pick -Up., 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 areas 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: L. 1. Reuse as is (if energy efficient) 2. Disassemble for reuse or recycling 3. Recycle 4. Disposal (if appropriate). Permittee shall use whatever equipment is necessary for collection providing that a compaction mechanism is not used to compact the bulky goods. H.' iii ilii 'i.. ., ..; .. vurrr niii I 'RK�itx.'c�mst:. Arwddretr,.. Irisslr# s c�dt+�ex M. Pick -Up of Illegally Dumped Bulky Goods. 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 up 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. Cha P. Soecial Collection Services for the Disabled. Permittee shall, at a minimum, offer a fifteen percent (15%) discount to any individual with a disability as defined in the title III regulation codified at 28 CFR part 36 (Federal Register Volume 56, Number 144, July 26, 1991). In addition, Permittee shall provide, upon request, manual carry out collection service to any single family Residential Subscriber that is 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 E request to all services proviaeu by Permittee. •; .• U 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. SECTION 7. PERMIT FEES. A. Application Fee. The Permittee shall, within thirty (30) days after execution of this Agreement, remit to City for its reasonable costs of granting a f Permit, a non-refundable application fee as determined by Resolution of the City Council and from time to time amended. ....................... B. 136.00t Permit Fee. The Permittee shall remit to City, on or before the effective date of this Agreement, a bi-annual permit fee or such fee., as determined.. from... time to time hereafter by..,..Resolution of the City Council.` The permit fee required b this Section :.: Pe q Y 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. mrsyg• 07jfiml 400 '• A. Compliance Bond. 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 City Clerk at least thirty (30) 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 Deposit. Concurrent with the execution of this Agreement and maintained throughout its duration, Permittee shall deposit with the Office of the 10 City Clerk a cash deposit, irFVYVk;ablo IF UQL of f;LWiC, yr vLhcr W01 Qwumcun 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 after notice from the City that any amount has been withdrawn from the faithful performance deposit. SECTION 9. TERM AND RENEWAL. A. Permits issued pursuant. to the provisions of this Agreement shall expire on December 1st of the Permit was ranted. Permits may, at ::....:......:........:.:.....:........:........::.. g Y the City's option, be renewed if the Permittee submits an application for renewal on a form prescribed by the City Manager at least thirty days (30) prior to expiration of the Permit then in effect. Any application for renewal shall be accompanied by the fee specified by this Agreement or such a fee as determined by Resolution of the City Council time from time hereafter and copies of insurance policies or endorsements evidencing the required insurance requirements. B. The City Manager shall renew the 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 2A-90. The term of this Permit shall become effective Januaa 1. 1994, and remain in effect for twenty four months (24) 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. 11 SECTION 10. PERMIT TRANSF>~RRAAt_F CiTV Cor1trMT Dr6TTTn-Qn 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 2A-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. 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. SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION. 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 12 requirements of OLditldnUC ZA-90, the requiremems Of LIM ca1lfol111a tiu,cgtaLVu 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 working days of receipt of a Notice of Appeal, the Manager shall either refer the appeal to the City Council for proceedings in accordance with Section 12C -D, below, or refer the matter to a mediator as provided in Section 13, below. B. The City Council, in such case, may set the matter for hearing. The City Council shall give 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 matter 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: (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 13 upon listing of an order for relief in raver or FUiuiiuw iu a Uaumupwy 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 (7) 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 2A-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. Temporary 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; 14 (2) • be entitled to the use or Permittees equipment aurin* Duel, L11n1- u3 CIL)' assumes Permittee's collection and disposal obligations under this Agreement or assign entities engaged by the City for such purpose; (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 Dollars ($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 15 Los Angeles -Anaheim -Riverside area for each Marcn tst, autiug Luc ,cr,,, 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 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. H. Termination. (1) This Agreement may be terminated by either party, with 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. SECTION 13. MEDIATION PROCE 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. 16 C. A mediator to whom a matter is referred shall have the autnortty to ll) oract u - 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 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. SECTION 14. CITY'S ADDITIONAL REMEDIES. In addition to the remedies set forth in Sections 12-13, above, City shall have the following rights: 17 i A. To rent or lease equipment from Permittee for the purpose ur w11�cu11g, 1ltuiov_—a-s 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; 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 rmsl of thiBoth Agreement by Permittee, rties recognize and agree that in the event of a breach under 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 15. RIGHTS TY 70 PEREO 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 Maieure," below, refuse or be unable to collect, transport and dispose of any or all of the refuse, compostables and recyclables which it is obligated under this 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. it] SECTION 16. PRIVACY. A. Permittee 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. 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. SECTION 17. REPORTS AND ADVERSE INFORMATION. A. Annual Reports. The Permittee shall submit an annual report, in a tabular and/or z�`'` MO.: '#2F9t '.Gfk€'d:+?t y`:E':•"t graphical format, using !y (e.g., LOTUS 1-2-3, Excel, etc.) as approved by the City, within 120 days after the close of each fiscal year. This report shall include, but is 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 Reports. Permittee shall submit monthly program reports, in a tabular an r ra hical format in g P g::.::.:.:.::::.:.±p�3�y:.;.ttds�?uv�.:.;:F�tf€ (e.g., LOTUS d/o 1-2-3, Excel, etc.) as approved by the City, 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 1LI reports shall include: (a) Summaries of tonnage collected and disposed of by generator type, disposal facility used and disposal fees paid; (b) Summaries of tonnage of recycled material collected 010*W; (c) Summaries of tonnages of non-recyclables and contaminants disposed; (d) Summaries of tonnages., using an approved sampling methodology, of each material ts, sold or otherwise exchanged for processing, by material type; (e) Average market prices for each material sold, and processing charges or acceptance fees for yardwaste or other applicable materials; (f) Participation rates for each route in terms of set out counts and average pounds collected per residential subscriber, multi -family residences, or commercial subscriber; (g) Description of progress in meeting the implementation schedule, including the problems encountered and how they were resolved; (h) Summaries of the number of service complaints by route, including the date, nature of complaint, and how it was resolved. C. Ad Hoc Rgports. Permittee shall provide up to six (b) 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 20 forms and at such times as the City may reasonably request or recluac. (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 Report. The 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 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." SECTION 19. B;ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF RV g at which the p a hold h public hearing iW> A. At City's sole option, may o :,.....:.�......::...... 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. SECTION 20. SYSTEM AND SERVICES REVIEW. To provide for technological, economic, and regulatory changes in refuse collection and recycling, to facilitate renewal procedures, to promote competition in the refuse and recycling industry, and to achieve a continuing, advanced refuse collection and recycling system, the following system and services review procedures are hereby established: A. At City's sole option, City Manager may hold an administrative hearing each year 21 at which the Permittee shall be present and shall participate, to review the reiusc 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 9 9. (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. SECTION 21. COMPENSATION. A Permittees' 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 t Schedule of Charges, Tr::1. B*, 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." 22 (1) Single Family Residential Collection Disposal and Kecvcl1n services. tj Schedule of Charges for Residential Subscribers is set forth to Exhibit "E". (2) Commercial and Multi family Residences Bin Collection Disposal and Recycling Service. A Schedule of Charges for each Bin used by Commercial Subscribers or at Multi -Family Residences is set forth in Exhibit "E." Charges may be based on the size of the Bin and the frequency of service. (3) Industrial/Rolloff Container._ A Schedule of Charges for containerized services is set forth in Exhibit "E". (4) Special Services. 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) Sial Collection Services for the Disabled. Permittee shall, at a minimum, offer a Fifteen percent (15%) discount to any individual with a disability as defined in the Title III regulation codified at 28 CFR part 36 (Federal Repjster Volume 56, Number 144, July 26, 1991). This discount is applicable to all services rendered by Permittee. (6) Senior Citizen Discount. Upon request, the Permittee shall offer a Fifteen percent (15%) discount to each household in which the head of household is 60 years of age or older. This discount is applicable to all services rendered by Permittee. (7) 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 Rate Increases. 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. 23 (2) City may, at City's sole option, elect to bill Residential subscrtoers for refuse collection and recycling through a parcel charge. Should the City institute a parcel charge, Permittee shall be paid on for the premises served. Retroactive adjustments shall be made on the basis of addresses of premises added and the date added. Premises ordered after the first of the month shall be charged on a prorated 30 day/monthly basis. : (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, of Permittee may discontinue services and remove all bins. Upon payment the delinquent fees, Permittee may charge a redelivery fee, as set forth in Section 21A(7) above, and resume collection services on the next regularly scheduled collection day. 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. Rate Review. 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 24 (2) City may, at City's sole option, elect to bill Residential SUUscrtoers rut 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. _ 11.3 (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(7) above, and resume collection services on the next regularly scheduled collection day. 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. Rate Review. 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 24 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. �� • I 10 Me -XON LOX • 'u ►Y 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 and shall be uniformly painted. (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 (Permittee's Name) " This name shall be used for all correspondence, billing statements, directory listings, references, signs, vehicle identification, etc. The words "Owned and Operated by (Permittee's Name) " is authorized. (4) Solid waste collection vehicles shall be washed at least once every seven (7) calendar days. (5) (Permittee's Name) ", 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 display the seal of the City of Diamond Bar with the words "Serving the City of Diamond Bar" in letters no less than eight inches (8") high. (6) All collection v lege p by Permittee and designated 25 A. Office Hours- Permittee's office Hours shall bc, at a iuiii-i— , aw. a.00 u.aii. w 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 after 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 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. GOVERNMENT LIAISON: (Title) (Telephone) PV SECTION 24. RESOLUTION OF DI 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 ($5,000.00). In the event of a decision on a matter awarding five thousand dollars or more ($5,000.00), Permittee may seek review pursuant to Section 13, above. SECTION 25. OWNERSHIOLID,., WASTE. (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 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. 27 (c) All refuse, oompostablcs, rccyulablw, bu-= emu wnsLrucuon ucuris, or ally 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. SECTION 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. Indemnification of Permittee. The City shall indemnify, defend and hold the Permittee, its affiliates and their respective officers, directors, employees and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs and expenses (including reasonable attorneys' fees) arising from or in any manner related to the sole negligence or willful acts of the City, its officers, employees, agents or contractors. C. Hazardous Substances Indemnification. 28 (2) Permittee shall indemnify, defend with counsel approved by City, protect and hold harmless City, its elected officials, officers, employees, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its officers, employees, agents or 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 ;:::....:..:...:........:.:.....:.::..: ...Agreement:;.,.; ... ` `'" municipal solid wastepursuanttothi5 ...................r�:.. ........:... ....,.:,:a:': te;:s;::►r+e:;:€o»tom;;[;;>::t:;€ll»:t The foregoing indemnity is :...:...:......::........:.:::.P.y..............:.:...:..:....:::....:.::.:..:. g g 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 Permittee' 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 Permittee for losses which arise from work performed by the named insured for the City. F. Public Liability Insurance. 29 Permittee shall obtain and maintain in full forcc and %Xff- c thrvushvuL ul�, viicicv term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. Said insurance shall protect 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: (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 Coverage. 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. '9101 A. Permittee shall maintain all records relating to the services proviaeu nereunaer, including, but not limited to, customer lists, billing records, maps, AB 939 compliance records, 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 (5) 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. a+eahei:::€0t;.:;.t..:.dit:1::::.. q :w d: 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 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. SECTION 28. GENERAL PROVISIONS. A. Force Majeure. 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 required under this Agreement, City may elect to exercise its rights under Section 15 of 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 subgrantees, if any. Nothing in this Agreement shall be construed as creating a partnership or joint 31 venture between City and Penniuee. Neither Permittee nor its orricers, employees, agents or subgrantees shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Permittee shall be responsible for any distress, other than normal wear and tear, to City's driving surfaces (i.e., transverse cracking, alligator cracking, patching, rutting, etc.), whether or not paved, resulting from the weight of vehicles providing refuse collection services at the location of bins and containers on public property. The City Manager or his designee shall review each incident of asphalt distress separately with 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. Prone Damage. ::> ::.:..:,:.�:<.<:;>::;:..:. y pr l 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. E. Right of Entry. 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. oto 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 and 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 32 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: (909) 861-3117 Copy to: 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. Savings Clause and Entirety. 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. Exhibits Incorporated. Exhibits "A" through "H" are attached to and incorporated in this Agreement by reference. M. Identification Required. (1) Permittee shall provide its employees, grantees and subgrantees with identification for all individuals who may make personal contact with residents of the City. 33 05 The Permittee shalt provide a HU of f-urrcirc ciiipIvyu.a, rcaiucca auu 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, sex, martial status, sexual orientation, political ideology, ancestry, national origin, or the presence of any mental or physical handicap, unless based upon a bona fide occupational qualification. The Permittee shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their creed, color, sex, martial status, sexual orientation, political ideology, ancestry, national origin, or the presence of any mental or physical handicap. Such action shall include, but not be limited to the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training. (2) 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. 34 WITNESS the execution of this Agreement on the day and year written above. CITY OF DIAMOND BAR Terrence L. Belanger, City Manager ATTEST: Lynda Burgess, City Clerk PERMITTEE (Title) (Title) APPROVED AS TO FORM: City Attorney 35 ACKNOWLEDGMENT STATE OF ss. COUNTY OF On before me , personally appeared personally known to me or proved to be the person who executed the within instrument entitled AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND , FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIAL as , , on behalf of , a California corporation, and acknowledged to me that such execution was pursuant to its bylaws or a resolution of its board of directors. DATE: CORPORATE SEAL 36 EXHIBIT A PERMIT AREA All portions of the City shown on the map attached as Exhibit A -l. 37 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). Any cylinder, container or mechanical device containing or known ...to.. contain chlorofluorocarbons CFC halogenated h drocarbonic as '"<#►il '< ><."'f"ON Gittl<E s This includes, but is not limited to: foreign and ::......................::::.......:.:......::......:::.......:......:::.. domestic automobile air-conditioning systems; industrial and retail refrigeration systems; polyurethane and non -polyurethane foam; and other sources. 38 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(s) or suitable alternative, as approved by the City Manager, capable of storing a minimum of 36 -gallons of commingled recyclables to be made available for weekly curbside pickup. 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 39 Element (SKKE) and incorporated neretn as rxnlotL --ri. __ ivnulLVvc wilt Ll responsible to implement the public education and awareness portion of the SRRE as set forth in Exhibit "F". The 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 containers 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. 40 ValakINTIA14MY,0 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, 41 50% of the total yardwastes from single tamuy resiaences Uy use nrbL anniversary date of the program, and if this Agreement remains in effect until January 1, 2000, 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 "P. 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. 42 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 Discount5� off services rendered 2. Commercial/Multi-family Bin Rates (Selected Bins - Monthly Rate)* 2 Cubic Yard 3 Cubic Yard First Bin 1 x week $ First Bin 1 x week $ 2 x week $ 3 x week $ 4 x week $ 5 x week $ 6 x week $ First Bin 6 Cubic Yard 1 x week $ 2 x week $ 3 x week $ 4 x week $ 5 x week $ 6 x week $ Each Additional Bin $ Each Additional Bin $ 3. Recycling Services: A. Commercial/Multi-family (one 3 cubic yard bin - Monthly Rate) 1 x week $ 2 x week $ B. Industrial/Rolloff 40, 10 cubic yard container (Designated Items - Per Dropoff) $ 43 4. 5. 6. 7. 40 cubic yard Rolloff Container 10 cubic yard Rolloff/Lowboy Box Temporary Service (3 cubic yard/1 pickup) Redelivery and Reinstatement Charge 44 PUBLICEXHIBIT F •• • • A. Public Education and information Generali The mission of the public education and information program shall be to create widespread awareness of diversion activities taking place in the community, as well as motivate participation in all of the City's recycling and composting programs. B. Public Education and Information Program (1) Not later than 90 days after the execution of this 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. 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), material preparation, the garbage/recycling/composting rate structure (if applicable), and the anticipated affect that will have on the waste generation habits and waste stream volumes of the City. This sheet, along with an official City of Diamond Bar letter, shall be delivered by the Permittee one (1) week prior to the start of collection. 45 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. F. Ongoing Information and Education Efforts The on-going public information and education program shall be designed to increase public participation in waste reduction and recycling throughout the length of the 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 measures taken to resolve the problems and increase efficiency. 46 EXHIBIT MINIMUM CONTAINER SPEC'IFICAIIUNS Each residential 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. 47 EXHIBIT H SOURCE REDUCTION AND RECYCLING ELEMENT INTE RATION PLAN 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. 48 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles I Nancy Paisley do hereby declare that I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the Legal Advertising Clerk of the INLAND VALLEY DAILY BULLETIN (Formerly the Progress Bulletin) A newspaper of general circulation, published daily in the City of Pomona, County of Los Angeles, State of California, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 69 1994 I declare under penalty of perjury that the foregoing is true and correct. �. -.' May 69 1994 Signature Proof of Publication of NOTICE OF PUBLIC HEARING CTTY OF DIAMOND BAR NOTICE OP PUBLIC MOANING NOTICE IS ARREEo city GIVEN by Diamond Bar that a puallc hearingwill be held by the City ouncil on Tuesday. Mey 17, 1M4, at 7:40.0. M., or as soon Mereafter as the matter can be heard, In the Audltorlum of the South Coast Air Quality Altanaga- Ment District, 41865 E. CZlhy Drlvfor the ourpose of 04 (1990) Auvr I.nv REQ t�REMENTS AND enc RELATING ALL INTEREsInv PERSONS are Invited to at- tend said pearl, and ex- press opinions an fila matter outlined above. Written coM- men18 regarding this Matter May be sabtnllted to "a City Clerk's O"kV, an F11RTp1 or to tha h4Ar @• INFORMA♦ION may be obtained by caking th* City Clerk's tice _ at (909) e6o- DATED: 1 /s/LYNDA:60791ESS City CIerK City of Dlanta�iAar Publish:'/06/1 {,&S7579) s MEETING DATE: FROM: CITY OF DIAMOND BAR AGENDA REPORT Terrence L. Belanger, City Manager May 17, 1994 REPORT DATE: George A. Wentz, Interim City Engineer TITLE: Sanitary Sewers in "The Country" AGENDA NO. 9' a May 11, 1994 SUMMARY: This is a continuing report regarding the proposed sewer project. This project was previously reported on for the city Council meeting of April 19, 1994. Included with this Agenda Report is a report on interviews for Professional Services in response to the City's RFP for further studies regarding groundwater; are answers to questions previously asked about the project and an update regarding the application for annexation to Sanitation District 21. RECOMMENDATION: 1. Authorize staff to negotiate a precise scope of work and related fee for professional services with CPWGeosciences(CWPG) for further investigations, studies, reports and recommendations, and authorize the Mayor to sign a professional services agreement with CWPG in an amount not to exceed $75,000 following these negotiations. 2. Recognize that with the continued consideration of the presently proposed sewer system staff would likely recommend a redesign to meet City standards(not LA County) and provide for privatization of the operation and maintenance. No action regarding additional design is requested at this time. LIST OF ATTACHMENTS: X Staff Report — Resolution(s) — Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: — Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) — Other: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A Yes reviewed by the City Attorney? — _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission. Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected TrEiLln Dv 4 Terrence L. Be City Manager _ Yes X No — Yes X No _ Yes X No departments: ran s r+'George A. Wentz Assistant City Manager Interim City Engineer MEETING TO: FROM: SUBJECT: CITY COUNCIL DATE: May 17, 1994 ISSUE STATEMENT REPORT AGENDA NO. Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Sanitary Sewers in "The Country" Based on resident requests the City initiated the process to design a sanitary sewer system within a portion of the Country Estates. An issue has been raised as to whether construction of a sanitary sewer system is the best way to mitigate the observed seepage(groundwater) and septic system problems identified. Questions regarding the sewer system have also been asked by the City Council and concerned residents. Staff has included responses to the questions wherever possible and prepared recommendations. RECOMMENDATION RECOMMENDATION: 1. Authorize staff to negotiate a precise scope Of work and related fee for professional services with CWPGeosciences(CWPG) for further investigations, studies, reports and recommendations, and authorize the Mayor to sign a professional services agreement with CWPG in an amount not to exceed $75,000 following these negotiations. 2. Recognize that with the continued consideration of the presently proposed sewer system staff would likely recommend a redesign to meet City standards(not LA County) and provide for privatization of the operation and maintenance. No action regarding additional design is requested at this time. City Council Report Meeting May 17, 1994 Sanitary Sewers - "The Agenda No. FISCAL SUMMARY The cost of the study and report would be provided from the City's reserve funds. These expenditures may be reimbursed from bond sales if an assessment district is ultimately approved and formed by the city. BACKGROUND AND DISCUSSION As the City Council meeting of April 19, 1994, staff was directed to respond to various questions and issues raised about the proposed project. Groundwater Analysis To further address concerns raised over the source and handling of groundwater, a Request for Proposal(RFP) was prepared to solicit proposals to analyze the groundwater characteristics and make recommendations on how to best mitigate the concerns. Proposals were received and interviews were conducted with three firms by an interview/selection committee on Monday May 9, 1994. The committee consisted of City Staff, a representative from the Country Homeowners Association, two residents of the area and an independent geologist familiar with the area. The committee composition is shown on the attachment. The proposal and presentation by CWPGeosciences(CWPG) was judged to be the most responsive for the needs of this proposed study and contained the following results: Understanding of the major project considerations - Underlying geology & history of development - Existing onsite sewage disposal systems - Observed excessive seepage & odor Page 2 City Council Report Meeting May 17, 1994 Sanitary Sewers - "The Countr Agenda No. _____ - Potential health hazard & groundwater management plan - Common sanitary system & alternatives A seven step technical approach including: - Literature research & preparation of work plan - Evaluation of groundwater - Analysis of water quality - Consideration of necessary mitigation - Solicitation of community involvement & support - Preparation of conceptual designs - Preparation of report Expressed understanding of the project needs and included a project team capable of addressing these needs. Based on the evaluation of these firms and above results, the committee recommends that an agreement be pursued with CWPG for services of investigation, testing, formulation of concept alternatives and reporting. Questions And Answers Question: How many homes are actually affected by septic problems? Answer: The original Kleinfelder report identified 17 properties having specific distress. The Los Angeles County Health Department identified 18 with some degree of failure. Questions have been raised about both the number and accuracy of properties identified in the reports and the definition/criteria for such characterization. Question: What is the liability to the City of excluding 19 properties Page 3 City Council Report Agenda No. ___-- Meeting May 17, 1994 Sanitary Sewers - "The Country" from the district? Answer: Liability would be mitigated if a finding can be made that the site is not contributing to the problem. Precautions should ultimately be included that no legal liability is assumed by the City for exclusion of the properties if they are not included in the proposed district. Question: Who is responsible for maintenance of a groundwater management system? Answer: This depends on the ownership of the system. The following are maintenance alternatives: 1. Privately owned and sited - maintained by the property owner, 2. Publicly owned - maintained by formation of a benefit assessment district by which costs can be imposed on the residents in the district; or 3. Nuisance abatement proceedings by special assessment. Question: Is the Kleinfelder report of April 1992 accurate in identifying distressed lots? Answer: Much of the information was collected based on field observations, responses to questionnaires and contacts with property owners. Based on recent comments from property owners the report may have some inaccuracies. Question: What is the capacity of the sewer system as now designed? Page 4 City Council Report Agenda No. _____ Meeting May 17, 1994 Sanitary Sewers - "The Country" Answer: water which is extracted and placed into the storm drain system must have a National Pollutant Discharge Elimination System (NPDES) permit and needs appropriate to standards. Question: What has been the experience of the Boy Scouts regarding seepage on their property. Answer: Upon inquiry with council headquarters and their file research and questioning of the park ranger and other historically regular users, they responded that there has been no reported seepage problems. Question: Explain oversizing required by the County. Answer: The sewer system design and related specifications must meet the City requirements. However, for the sewer system to be accepted into the Consolidated Sewer Maintenance District and thereafter be maintained by the County requires that the County review and accept the design. The County, in this case, required that pumps and motors be included in the design which were considerably larger than those designed to the City requirements. Question: Can landscaping be used to mitigate appearance of above ground portions of lift stations at reasonable cost? Answer: Yes to a degree. Staff has also received correspondence from the Homeowners Association Board of Directors asking that Page 6 City Council Report Agenda No. _____ Meeting May 17, 1994 Sanitary Sewers - "The Country" structures be placed underground unless it is prohibitive from an engineering point of view. Question: Can update of Kleinfelder report be directed to clarify viability of dropping 19 lots? Answer: Yes. Question: Has there been any seepage reported off-site along the equestrian trails? Answer: Yes. An understanding of this seepage is expected to be gained with the currently proposed study and report. Question: Can an assessment district be formed immediately to get owners committed to solving problem? Answer: Yes. Question: What is time schedule for project? Answer: See attached. Question: Clarify the assessment district protest process. Answer: Assessment district proceedings are subject to "The Special Assessment Investigation, Limitation and Majority Protest Act Page 7 City Council Report Meeting May 17, 1994 SanitarySewers -"The Co Agenda No. _____ of 1931(Streets and Highways Code §2800 et seq.). The proceedings will include two hearings. At or before the second public hearing any property owner in the district may register his protest in writing(to include property address and owner's signature). Votes are counted and the measure of protest is by land area of those owners protesting. Majority protest is determined by majority of land area. The latest equalized Assessor's role is utilized to determine the legal owner(s). As the role is set only once a year and properties change ownership throughout the year, owners not shown on the latest role will be required to show proof of ownership(i.e. deed, title report, etc.). Properties having multiple owners(joint tenancy, etc.) will be required to show the written protest with signature of all owners. Other Issues Raised Other issues were identified including contribution of rainfall and irrigation, benefit analysis, ground movement potential, dewatering feasibility and cost, groundwater quality etc. and it is expected that these issues as well as others will be addressed in this investigation and report of groundwater now proposed. Privatization of O eration & Maintenance For discussion of privatization of operation & maintenance see City Council Report for meeting of April 19, 1994. Staff recognizes that with the continued consideration of the presently proposed sewer system staff would likely recommend a redesign to meet City standards (not LA County) and provide for privatization of the operation and maintenance. No action regarding additional design is proposed at this time. Page 8 City Council Report Agenda No. _____ Meeting May U, 1994 Sanitary Sewers - "The Country" Application for Annexation to LA County Sanitation District 21 The application package is complete for this annexation. After Council direction to proceed with this process staff received indication from 90 property owners that they opposed the proposed sewer system. After discussions with the District staff they have indicated a reluctance to accept this application without reasonable assurances that sanitary sewers will be built. In discussing this with the City Manager, it was self prudent not to expend additional funds for this processing or submit the application until such time as the fate of the proposed district is known. CONCLUSION Staff believes it would be appropriate to proceed with the proposed study prior to preparation of an Engineer's Report to be brought before the City Council. PREP LD BY: Michael D. Myers, E. for George A. Wentz, P.E. Interim City Engineer May 11, 1994. Attachments: Page 9 1660 EAST COPLEY DRIVE - SUITE 100 �I DIAMOND BAR, CA 91765-4177 909.860-2489 • FAX 909-861-3117 CONSULIANT SERVICES SELECTION COMMITTEE "The Country" Project Mr. Terry Belanger, City Manager by Mr. George Wentz, interim City Engineer Mr. Jim Gardner, General Manager - The Country Estates Homeowners Association Mrs. Kim Weingarten, Resident - The Country Estates Mr. Scott Benning, Resident - The Country Estates Dr. Perry Ehlig, Professor Emeritus of Geology - California State University, Los Angeles Mr. Mike Myers, City Staff Engineer Date: Monday, May 9, 1994 Time: 8:30A.M. to 1:00P.M. Place: Diamond Bar City Hall, Conference Room 21660 E. Copley Drive Suite 190 Diamond Bar, CA 8:30 Committee Briefing 9:00 Interview Converse Consultants 10:00 Interview Kleinfelder Associates 11:00 Interview CWP Geosciences 12:00 Committee Discussion and Recommendation Thank you for the time you have taken from you busy schedules to serve on this important Consultant Services Selection Commmee. Include with this memorandum is a complete package for your use in preparing for these interviews. iar� H �1emcr Clair �� Naml (m� Eileen R. Ansae Gare G. Miller Phyllis (.Paper • „h;(':un�ilmcmher Crun:�lm;rnh.- May 17, 1994 Mr. Rob Searcy Associate Planner City of Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765-4177 ` Ha,_. 1 !PRINTED PAGE t a A FAX FROM DAVID sctiEy RECEIVED CONNUNITY Schey &Assor``" 1211 Grevel�'tat& Diamond Bar, c -T .2- r76S 3 5 (909) 860-9443 FAX(909)860-758c, Re: City Council Consideration of GPAC Structure Dear Rob: PAGE I CF 1 Transmitted by F. -%-X I understand that at tonights meeting the City Council �iil that may affect the rules by which the GPAC is to operate from able to attend tonights meeting and so I wanted to make my feeling x ntf considering ward. several itc7 e be discussed. Please forward this letter to the Ma t� P� forward. I may not be -X&YAn on the issues that may and for their consideration. Mayor or City AIaa�- for - At the last GPAC meeting, inclusion in the record' daily meetings in order to the the review of accelerating theleratinGeneral he schedule to as much as that this is so important an issue that the GPAC members who "mach Ian.��le it is noble to this sacrifice, I do not believe that it is a fair characterization `� will be point our were a c willing to make kcal Person, I might even believe that such su nor n a rnable solution- IfI eliminate the majority of' existing members of the GPAC. ggmOm were designed to tn- and only lead to an early burn -out of both staff and the GPAC. Reali_1h non -compromise is not changed, even daily meetings would not allow h a schedule could In addWm if the current attitude of any reasonable period of time. I stated at the last GPAC me„�tin2 and recognition by the members of the Co °omPlete our task in the adoption of a General Plan for the City of Diamocompromind Bar Se is the only hull believe, that the Discussions of procedural rules for the GPAC such as estab that will lead to for introduction of proposed language and rules for discussion of " the work but will not lead b q��` �� y themselves, to the successful accomplishes of useful in organizing our rules will only work if the members of the goal of drafting committee will obeyo� goal. A's�•ou lo:►ow, g a General Plan for Diamond Bar will only breaif ahe member ent of our accept the decisions reach by the Committee as a whole. I believe that if the Council feels the need to consider the members a to GPAC, a reduction o the number. of members would be a m the structure of the membership would allow more efficient conduct of business. In am- _> > passing this letter on to the Mayor and Ci pPr�r~ Such a reduction in City Manager for their corL�id_cl5 ,I would appreciate r-oiz Sincerely, David G. Schey 2696 Shady Ridge Diamond Bar, CA 91765 May 17, 1994 Members of the Diamond 21660 E. Copley Dr. Bar City Council Diamond Bar, CA 91'65 Suite 100 Re: proposed Sewer in the Country Estates Dear Council Members: The City has to date referenced expended substantial funds in re refereeproject which is OppoSed for a including cost, by almost two- variety Bard to the owners and supported b thirds of the impacted °f reasons, Y a mere handful. Pacted property On May -17th, the Actin for another major e g City Engineer will re Council defer an expenditure. We respectfullgyesu authorization During that y action on that request for a ggest that the time, a number of Period of 90 days. critical tasks can be accomplished. These tasks include the following: 1- Clean out of the that were constructedexisting concrete drainage would otherwise saturate tby he tohandle channels Falcons View fill placed atthe bottomoft drainage and Clear Creek. Some 520 feet of these Silt run offhnels have been filled bog 20_30 and as a result by land slides and/or feet in width and ' there is at least one major Country Estates Board has arranged Of or this length. The 2• Investi work to be done. serves the Fate heVintegrit y of the storm drain system that all captured water Is seconleyr Creek area saturate the conveyed out of the to ensure that TV camera, fill. This can be Basil area and does not TV camera. The Country Estates Boardyauthoriizedhad with a need mi y budget for work of this nature. $5000 be solicited. Specific bids 3• Attempt to locate the outlet of the subdrain at Locating this outlet w' the end Of Clear Creek. system, as o to the current state 111 allow a determination If it has failed, that would f this passive high ground water levels. help to explain the The Country Estates has agreed this should be done. 4• Test for contamination of dewatering wells drilled b the water y the countryfrom the temporary Estates. If further Diamond Bar City Council July 20, 1994 Proposed Sewers dewatering is to be done, the purity of the water to be Pumped must be known and considered. 5• Secure the cooperation of the Walnut Valley Water District to isolate and test the existing water mains in the areas of Clear Creek, Falcons View, and Crows Foot. This would ensure that the water system is not contributing to saturation of the fill. Also, we plan to offer individual home owners the opportunity to verify the integrity of their distribution systems. 6. Work with any remaining homeowners who are having septic system problems because of maintenance issues. considerable success in We have had gettin maintenance; and some Pg homeowners to do necessary problem lots b Properties that had been reported as y Klienfelder now have operational systems. 7. Investigate the sizing and placement of septic systems that do not function properly after proper maintenance. 8. Secure for consideration by the Country Estates Board a proposal for preliminary work for a permanent dewatering system. Both the costs and environmental impact of this system will be substantially less than those of the proposed sewer. 9. Modify the Country C.C. & R's to establish a monthly assessment of about $5 to be used for regularly scheduled maintenance of septic systems. We hope that the necessity of each of the above tasks is clear. If, however, further explanation would be useful, we will be happy to expand on any point of interest. Sincerely, L .'W • Brown Ga�rg edher - --