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HomeMy WebLinkAbout06/07/1994cittv SO C I OIA�Rc AGENDA Tuesday, June 7, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Mayor Pro Tem Clair W. Harmony Council Member Eileen R. Ansari Council Member Phyllis E. Papen Council Member 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 a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. f t,. _. - .1!11111111.11: � 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 The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 p.m. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to Consent Calendar items or matters of interest to the public, which are not on this evening's agenda. 2. Public comments on scheduled matters will be heard in conjunction with the respective agendized subject. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council Gar V. Wi Clair W. Harmony Mayor Pro Tem zzz Eileen R. Ansari Councilwoman appr iates your cooperation. ner, Mayor Phyllis E. Papen Council o ry G. Mill Councilman ,F �� ;E Y� g `pgamBJ, � MVV :� -- && —•�lmxlii_xeititiav6v�B9_ !9'IIwIN9N1E�89MBB999BPd '�i_f�-- I��- e-- -—l��eafaeea9ei``=gee=le]Ya`!._Wl����kl,l [-�� Next Resolution No. 94-25 Next Ordinance No. 03(1994) 1. CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Papen, Miller, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PROCLAMATION - June 14, 1994 "NATIONAL FLAG DAY." 2.2 COMMENDATION - FCI Soccer, Girls Under 17 Division - In recognition of the "Attitudes" team upon their winning the State Cup. 2.3 Commendations - Winners of the Junior Women's Club Spelling Bee - Sarah Kim, First Place, Evergreen Elementary School; Andrew Chen, Second Place, Golden Springs Elementary School; and Ted John, Third Place, Castle Rock Elementary School. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportu- nity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and sive it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 4. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 MATERIALS RECOVERY FACILITY (MRF) COMMITTEE - June 8, 1994 - 7:00 p.m., AQMD Room CC -6, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - June 9, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.3 GENERAL PLAN ADVISORY PLAN COMMITTEE (GPAC) - June 9, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 PARKS & RECREATION USER GROUP MEETING - June 9, 1994 - 7:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.5 PLANNING COMMISSION - June 13, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. JUNE 7, 1994 6. PAGE 2 5.6 GENERAL PLAN ADVISORY COMMITTEE MEETING - June 14, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.7 MATERIALS RECOVERY FACILITY (MRF) COMMITTEE - June 15, 1994 - 7:00'p.m., AQMD Room CC -6, 21865 E. Copley Dr. 5.8 CITY COUNCIL MEETING - June 21, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of May 3, 1994 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of March 28, 1994 - Receive & File. 6.2.2 Regular Meeting of April 11, 1994 - Receive & File. 6.2.3 Regular Meeting of April 25, 1994 - Receive & File. 6.2.4 Regular Meeting of May 9, 1994 - Receive & File. Requested by: Community Development Director 6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of March 17, 1994 - Receive & file. Requested by: Community Services Director 6.4 VOUCHER REGISTER - Approve Voucher Register dated June 7, 1994 in the amount of $525,799.19. Requested by: City Manager 6.5 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING PARCEL MAP NO. 24031, A REQUEST TO MERGE TWO EXISTING PARCELS, TO REMOVE ACCESS AND BUILDING RIGHTS RESTRICTIONS, AND OPEN SPACE EASEMENTS ON A 68 ACRE SITE, LOCATED SOUTH OF GRAND AVENUE, EAST OF SHOTGUN LANE AND WEST OF THE SAN BERNARDINO COUNTY LINE, IN THE CITY OF DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF - The applicant submitted a request to approve a parcel map to merge Lot 1 of Tract 31479 and Lot 61 of Tract 42557 creating a parcel of 68.10 acres and for removal of the right to restrict construction of residential buildings upon the parcels. Approval of the application would require the City's abandonment of currently held open space and building right restrictions on the newly - created parcel. On May 31, 1994, the Council directed staff to prepare a resolution denying the project. JUNE 7, 1994 PAGE 3 Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX denying Parcel Map No. 24031. Requested by: Community Development Director 6.6 CITY SUPPORT OF ASSEMBLY BILL 2815 - MANDATORY AIDS TESTING FOR SEX OFFENDERS - Existing law authorizes courts to require a defendant charged or convicted of specified sex offenses to submit to a blood test for evidence of Acquired Immune Deficiency Syndrome (AIDS.). AB 2815 would add any offense where the court finds that there is probable cause to believe that blood, semen, saliva or any other body fluid capable of transmitting Human Immunodeficiency Virus (HIV) has been transferred from the defendant to the victim to the list of sex offenses to which this AIDS test requirement applies. Recommended Action: It is recommended that the City Council support that a letter be prepared for the Mayor's signature in support of AB 2815; further, it is recom- mended that the City Council direct the City's lobbyist, Joe A. Gonsalves & Son, to lobby in support of AB 2815. Requested by: MPT/Harmony 6.7 RESOLUTION NO. 93-05A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 93-05 ESTABLISHING "NO RIGHT TURN, 4:00 P.M.- 7:00 P.M., MONDAY -FRIDAY, EXCEPT SCHOOL BUSES" SIGNS ON ROLLING KNOLL ROAD AND COUNTRY VIEW DRIVE AT GRAND AVENUE - The City received a request from the Walnut Valley Unified School District to allow buses transporting students to and from Quail Summit Elementary School to make right turns on Rolling Knoll Rd. and Country View Dr. at Grand Ave. This matter was discussed and approved by the Traffic & Transportation Commission on April 14, 1994. Continued from May 17, 1994. Recommended Action: It is recommended that the City Council adopt Resolution No. 93-05A amending Resolution No. 93-05 establishing "No Right Turn" signs on Rolling Knoll Rd. and Country View Dr. Requested by: City Engineer 6.8 LETTER OF AGREEMENT WITH CITY OF BREA TO PROVIDE RECREATION SERVICES FOR 1994/95 FISCAL YEAR - The City of Brea, as a contractor, has provided recreation services in the City for the past three years. Under terms of the existing three-year contract, cost and revenue adjust- ments may be made to the contract upon mutual written consent. The attached proposal from Brea provides for a 158 -person increase in participation and a $3,100 increase in revenue, with a $6,320 decrease in net costs. JUNE 7, 1994 PAGE 4 Recommended Action: It is recommended that the City Council approve the Recreation Services Agreement for 1994-95 FY, with projected expenditures of $306,653 and projected revenues of $214,535, and authorize the Mayor to sign the letter of agreement. Requested by: Community Services Director 6.9 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITY-WIDE STREET TREE MAINTENANCE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City is about to complete its second one-year contract with a private contractor to provide city-wide street tree maintenance. Service has been excellent and staff recommends continuing the use of private contractors to provide this service. specifica- tions are for a one-year contract, but allows the City the option to renew the contract on an annual basis, up to five additional years. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX and direct the City Clerk to advertise for and receive bids. Requested by: Community Services Director 6.10 AGREEMENT FOR LEGAL SERVICES RE: COMMITTEE TO RECALL PAPEN AND MILLER v. LYNDA BURGESS, CITY CLERK OF THE CITY OF DIAMOND BAR, ET AL. - As indicated in the memorandum of May 26, 1994, the accompanying agreement for legal services in the subject litigation is provided for Council ratification and approval. The firm of Wallin, Kress, Reisman, Price & Pettit was selected by staff and is recommended after interviews with five qualified firms. Interviews were conducted by the Asst. City Manager, City Clerk and City Manager. The decision was based on Mr. Wallin's knowledge of the law, his approach to the case, and recommendations from other City Clerks regarding his experience in other similar cases. Recommended Action: It is recommended that the City Council approve the agreement with Wallin, Kress, Reisman, Price & Pettit. Requested by: City Manager 7. PUBLIC BEARINGS: 7.1 CONTINUED PUBLIC HEARING: (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. JUNE 7, 1994 PAGE 5 (b) 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 - For the past several years, the City issued permits to qualified waste companies wishing to provide solid waste 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 collection and disposal, several changes are proposed to modify the City's enabling Ordinance and corresponding permit system. Continued from May 17, 1994 for preparation of a special redline edition of the proposed Ordinance. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony, waive full reading and approve for first reading by title only Ordinance No. 02A(1990) amending Ordinance No. 02(1990). It is further recommended that the City Council adopt Resolution No. 90-95B amending and reforming the existing permit system for collection and disposal of solid waste. Requested by: City Manager 7.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1994-95 - The City Council, at the May 17, 1994 meeting, approved the Engineer's Report and adopted Resolution No. 94-22 to declare the City's intention to levy and collect assessments for District No. 38. The Council also set June 7, 1994 as the Public Hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1994-95. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and adopt Resolution No. 94 -XX to set the assessment for FY 1994-95 for Landscaping District No. 38. Requested by: City Engineer 7.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 1994-95 - The City Council, at the May 17, 1994 meeting, approved the Engineer's Report and adopted Resolution No. 94-23 to declare the City's intention to levy and collect assessments for District No. 39. The Council also set June 7, 1994 as the Public Hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1994-95. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and JUNE 7, 1994 PAGE 6 adopt Resolution No. 94 -XX to set the assessment for FY 1994-95 for Landscaping Assessment District No. 39. Requested by: City Engineer 7.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1994-95 - The City Council, at the May 17, 1994 meeting, approved the Engineer's Report and adopted Resolution No. 94-24 to declare the City's intention to levy and collect assessments for District No. 41. The Council also set June 7, 1994 as the Public Hearing date on the levy of the proposed assessments on assessable lots within this District for FY 94-95. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and adopt Resolution No. 94 -XX to set the assessment for FY 1994-95 for Landscaping Assessment District No. 41. Requested by: City Engineer 7.5 CONSIDERATION OF FISCAL YEAR 1994-95 GENERAL MUNICIPAL BUDGET SPECIAL FUNDS AND CAPITAL IMPROVEMENT PROGRAM - The 1994-95 Budget for the City estimates General Fund revenues of $10,319,015 with General Fund appropriations estimated at $8,833,526, a 3.7% decrease from the previous year's appropriations. Recommended Action: It is recommended that the City Council open the Hearing, receive testimony and continue the Public Hearing to June .21, 1994 for further testimony, comments and adoption. Requested by: City Manager 8. OLD BUSINESS: 8.1 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 - The Council conducted a Public Hearing to consider amend- ing the Sign ordinance to allow placement of certain temporary signs (banners, streamers, and inflatables) as had been allowed under Interim Ordinance No. 2 (1992). The Council approved first reading of Ordinance No. 5(1991) at the May 17, 1994 Public Hearing. Recommended Action: It is recommended that the City Council adopt Ordinance No. 5A(1991). Requested by: Community Development Director JUNE 7, 1994 PAGE 7 8.2 SELECTION OF CITY ATTORNEY - Eleven firms have submitted proposals in response to the City Council's solicitation for City Attorney services. Continued from May 17, 1994. Recommended Action: It is recommended that the City Council conduct confidential interviews of the invited firms at a Closed Session specifically designated for that purpose. Requested by: City Council 8.3 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES - Continued from May 17, 1994. 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: C/Ansari 8.4 DISCUSSION RE: UTILIZATION OF $10,000 GRANTED TO L.A. COUNTY LIBRARY, DIAMOND BAR BRANCH FOR LIBRARY MATERIALS. Requested by: C/Papen 8.5 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To ban placing City Council Members' names on public works construction project signs. Continued from May 17, 1994. Recommended Action: It is recommended that the City Council no longer place names of Council Members on public works construction project signs. Requested by: Mayor Pro Tem Harmony 8.6 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Continued from May 17, 1994. Requested by: Mayor Pro Tem Harmony 9. NEW BUSINESS: 9.1 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Recommended Action: Requested by: City Council 9.2 CITY ATTORNEY REQUEST FOR DIRECTION ON AMICUS CURIAE MATTERS - Verbal presentation by City Attorney. Recommended Action: JUNE 7, 1994 PAGE 8 Requested by: Interim City Attorney 10. ANNOUNCEMENTS: 11. CLOSED SESSION: May convene to consider: Matters of pending litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspections. 12. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC NESTING 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 District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 7:00 p.m. on Tuesday, June 7, 1994. Items for consideration are listed on the attached agenda. I, LYNDA BURGESS, declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the Notice for the Regular Meeting of the Diamond Bar City Council, to be held on June 7, 1994 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 3rd day of June, 1994, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK' FROM:Z---- ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: 7't` 'OZ DATE: 7" PHONE: I expect to address the Council on the subject enda item. Please have the Council Minutes reflect my name and address as written above. ignature v 1, ,—ATARY REQUEST TO ADDRESS THE CITY COUNCIL fO CITY CLERK —7 %. =R( M: ; �7� t'1?7�R ,-i ( F HRf2oJ DATE: 01 RESS: PHONE: ?R( ANIZATION: �'� � f/-INec_4't-. Gtr3 �Ci�n ,riLS2S �R� i /M2�) GE \IDA #/SUBJECT: �6; &4U Fok wpct to address the Council on the subject agen ,- iter& Please have the Council Minutes reflect my ,me and address as written above. C Signature I . N i -L, V REQUEST TO ADDRESS THE CITY COUNCIL O: 7RC A: DE iESS: RG NIZATION: aE DA #(SUBJECT: CITY :LERK S).,, V10f, C- C � 6 �4—tz DATE: PHONE: (pe. t to address the Council on the subject agenda item. Please have the Council Minutes reflect my ne :end address as written above. Signature vU_JNTARY REQUEST TO ADDRESS THE CITY COUNCIL / FO: 'Rt A: ,DC iESS: RC �NIZATION: 'El DA #/SUBJECT: CITY CLERK �cbor�qh D, }/ Ot +(-,?e,� Bch rn id. t� DATE: �° C7 PHONE: (pe t to address the Council on the subject agenda item. Please have the Council Minutes reflect my ne ,,nd address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL FO CITY CLERK I -R( A �n I.SO G 1�-�c.�G � � DATE: 4 w- 0E iIE:SS: g gd S • LyK,0 J PHONE': S y5 )RC ANIZATION: Gl,&., V6,aa� ,GE \0A #/SUBJECT: 1 I Vim, G` 'I1�C'—UU fy�, Sotti� .xpt�ct to address the Council on the subject agenda item. Please have the Council Minutes reflect my ime and address as written above. ---f!4�jj JJ- Signat VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: G°(/%%DATE: 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. r Sig re VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE:G PHONE: e6l- 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 C TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK 1)�6� C���z�� DATE: 6 - % ? Y' PHONE: Sys- 7s --i 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 U TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: — 7-1� I--, I I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my - name and address as written above. Si ture ire TO: FROM: ADC,RESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK C -X-� SDG DATE: �, 9` PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 1 1r c V r -z � <'z 2 ( Q DATE: ADDRESS: 1 2 q �7 g Z2 StPHONE-64 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. �Signatur VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ���` J DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT.CC C � �% JAS 7- f exect to address the Council on the subject agenda item. Please have the Council Minutes reflect m p 1 9 Y name and address as written above. Sig ture 7 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:', DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ! Signature TJ: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK fllaV" Ray. U `` -ht, DATE: V �-k�l PHONE: -?4 t — �, 9 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: 1=ROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK La�� �. im, Al S�mari,a, C60 DATE: 7 9y PHONE: AGENDA #/SUBJECT: �Y�inance Na • G Z A (jqqo _1: dem 7 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signatur VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROI 1: ; e ADDF ESS:�� ORGf NIZATION: ,� (- ADEN )A #/SUBJECT: /. 1. / Ja✓ 5 DATE: b -- 7 I .IQ r PHONE: 6y 1-1 �► y��' 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 J i! J TO FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK 0612V p DATE: PHONE: AGENDA #/SUBJECT: /, &� - 7- 9�f I expect to address the Council on the subject Affe--hda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ),� TO: CITY CLERK FROM: STC Pi-F�'J DATE: G-7-9y 905 4,25-9627 ADDRESS: �--- P/HONE.. ORGANIZATION: -j-L�cF/n��cft� 5U3—Con���rT[SZ ( 2(MRr-) AGENDA #/SUBJECT: 28 &6Y 4FC-0 C,7-Ll (fo U n) c, L --i-o �C G�7g 1 N Uki c. Z G A L F1 a rrt 6-1-91 Ta -TRS- P, (FQ WT5?' lz� 1,C 6CG7 aV 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 Memorandum To: Mayor Gary H. Werner and City Council Members From: IMRF-TAC/Technical Advisory Subcommittee Date: May 28, 1994 Subject: Request for Legal Counsel The motion was made, discussed, seconded and unanimously approved by the Technical Advisory Subcommittee (TASC) with a quorum on May 28, 1994 at 2:30 p.m. that the following request by presented to the City of Diamond Bar City Council on the behalf of TASC: 1) City of Diamond Bar City Council retain legal counsel specializing in environmental lay. 2) That said legal counsel be retained with sufficient advance notice to prepare rebuttals to the Draft Environmental Impact Report prior to the original response date which is stipulated by the City of Industry to be June 23, 1994. Thank you for your attention to these matters. Sincerely, Stephen A. Britt Chairman - Technical Advisory Subcommittee imrf2-3.1 1. 2. MINUTES OF THE CITY COUNCIL O REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 3, 1994 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, Miller and Papen. 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 Services Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 Introduction of new personnel by Capt. Larry Waldie with the L.A. Sheriff's Department - not present. 2.2 Proclaimed May 15-21, 1994 as "Public Works Week." 2.3 Proclaimed May, 1994 as "Water Awareness Month" - M/ Werner presented the Proclamation to Mr. Nettles with the Valley Water District. 2.4 M/Werner presented commendations to Vic Hosler and Harvey Kramer for creation of the Emergency Operations Center (EOC). Barry Flint, who was not present, will receive his Commendation through the mail. 3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., stated that he verified the information in the editorial written by Kathleen Grace, published April 23, 1994, which indicated that, according to Assemblyman Paul Horcher's Office, the Material Recovery Facility (MRF) is a City issue, not a State issue. Dr. Larry Rhodes, P.O. 2258, Walnut, concerned about the manner in which Council meetings are conducted, suggested that when a speaker is out of order, all microphones should be shut off and the camera should be turned to the Mayor. He also suggested that the Council rearrange their seating so the three newly -elected Members are not seated together. He then suggested that C/Ansari be Mayor Pro Tem because her general demeanor would reflect a better position for the City. Max Maxwell, 3211 Bent Twig Ln., read a letter from the Fair Political Practices Commission (FPPC), responding to an inquiry of a potential conflict of interest involving C/Miller and the South Pointe Master Plan, which indicated a request for C/Miller to amend prior financial statements. He expressed concern that it appears M/Werner has been working with developers to prepare alternatives for South Pointe Master Plan. In regard to the defective notification process for the South Pointe Master Plan hearing, as well as the MAY 3, 1994 PAGE 2 incomplete agenda packet, he suggested that staff be given more time to adequately prepare for such meetings. C/Miller stated that the letter from the FPPC, a copy of which he made available to Mr. Maxwell, indicated that there was not adequate information for an investigation to determine a conflict of interest. He further stated that it is not appro- priate for any member of the Council or private citizen to see his private business documents, financial statements or income tax statements. M/Werner clarified that he did not develop any of the alterna- tive plans for the South Pointe Master Plan, as presented by Mr. Dabney. He stated that staff is correcting the notifica- tion problem identified at last night's Public Hearing. Don Schad stated that the natural streams in Tonner, Sycamore and Sandstone Canyons must be preserved. He expressed concern that Albertson's eliminated or relocated one of the handicap parking areas while slurry sealing the parking lot, making it very difficult for senior citizens to shop and maneuver in the center. CM/Belanger stated that Albertson's is required to submit their restriping plan for staff's review to determine if it is in conformance with their parking requirements. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., noted that C/Papen had not signed the Mission Statement. She expressed concern with the appropriateness of conducting a Public Hearing when it appears many people have not been adequately noticed. she further expressed concern with the perception of favoritism to developers over residents. She suggested that Council meetings begin at 6:00 p.m. to allow further time to complete agenda items rather than continuing them, that less items be placed on the agenda for discussion, and that the Council consider meeting once a week until these major issues are resolved. Bill Lenney, campaigning for L.A. County Assessor, reviewed a five point proposition he created to streamline bureaucratic overlap and costs involved with the taxation system. Ron Clark, 20940 Ambusher St., announced that May 5, 1994 is "National Day of Prayer" and that he will remember the City in his thoughts. Don Gravdahl, 23988 Minnequa, stated that Three Valleys Water District is planning on increasing rates through Walnut Valley Water District billing. Noting that north D.B. is represented through Three Valleys Water through the Pomona District yet service is received by Walnut Valley, he suggested that the Council try to change boundary lines. Mike Lowe, 1124 Cleghorn, suggested that money spent on a MAY 3, 1994 PAGE 3 ground breaking ceremony for Diamond Ranch High School, not scheduled to open until 1998/99, and money used to update the EIR for the South Pointe Master Plan, could have been better spent on libraries and school equipment. He then stated that the residents deserve a permanent middle school and the Council should act to assist in its construction immediately. He expressed concern that it appears the new Brown Act is being violated because notices aren't being made for sub- committee meetings. Gary Neely, 344 Canoe Cove Dr., clarified that the money spent by the City for the groundbreaking ceremony was reimbursed in full by the Booster Club. Nick Anis, 1125 Bramford Ct., stated that the companies who donated equipment to City On-line have offered to donate additional equipment to the City. He thanked M/Werner and C/Ansari for supporting the system. He stated that the only option before the Council is to either allow the South Pointe Middle School to be built and fill the canyon, or to save the canyon at the expense of the school. He expressed support for construction of the South Pointe Master Plan and the community benefits it would provide. He also stated that he feels Don Schad, a Planning Commissioner, should not vote on the project because of a conflict of interest. Ken Anderson expressed concern that the Internet system through City On-line is not being properly utilized by the public. Frank Dursa, 2533 Harmony Hill Dr., stated that new develop- ment is not needed in the City in light of all the vacant store fronts in all the centers throughout the City. 4. COUNCIL COMMENTS: C/Papen stated that the first training session for library volunteers is scheduled for Saturday, June 11, 1994 from 1:00 to 5:00 p.m. She asked anyone able to give a six month commitment to donate 3 to 4 hours a week on a regular schedule to call City Hall. She expressed concern that the following two issues she requested are not on the agenda: the issue of purchasing $10,000 in new materials for the library and developing a new policy for Council Subcommittees to meet the new Brown Act. She requested that those two items be placed on the agenda. She further stated that suggestions made by Dr. Rhodes should be implemented, and that the suggestion to reorganize the Council be agendized. She expressed concern that Alternatives One and Two of the South Pointe Master Plan are alternatives suggested by M/Werner and C/Ansari respectively. In response to the inquiry made by Mrs. Beach-Courchesne, she stated that she did not sign the Mission Statement because it is not a Mission Statement but rather Rules of Conduct that are not being observed. She suggested that the City's Mission Statement be refined, developing a philosophy of providing good municipal services to our residents. She stated that she misses prayer MAY 3, 1994 PAGE 4 before each meeting. C/Miller suggested that staff be directed to draft various options that might be available relating to the agenda, including the time of the meeting, the order of agenda items and the number of items to be placed on an agenda. He suggested that residents affected by standards of County Weed Abatement check their property tax bills for an increase and suggested that they contact the County if they feel they have been improperly billed. He requested that staff check water timers because medians need not be watered during or shortly after a rainfall. C/Ansari stated that she attended the YMCA walk-a-thon and that the Friends of theoLibrary's fundraiser successfully raised over $1,000 to purchase new books and that they will be holding a tea and fashion show on June 26, 1994 • at Diamond Point. She reported that she, C/Papen and M/Werner attended the California State Bowling Assn. at Oak Tree lanes, sponsored by the San Gabriel Valley Bowling Assn., which will continue to the end of August 1994, bringing about 12,000 visitors to the City over the next few months. She stated that she met with the residents at Heritage Park Apartments, which changed its name to "Seasons," and they expressed concerns regarding Dial -a -Ride not servicing their needs. She expressed concern that MTA decided, at their April 23, 1994 hearing, to change the contract to omit the No. 490 bus to Cal State Fullerton. She suggested that people write asking for these services to continue. She then requested staff to investigate and address Mr. Gravdahl's statement regarding the Water District. MPT/Harmony reported that a notice was posted for Finance Committee meetings, per the new Brown Act requirements. He stated that those meeting dates will be standardized for Wednesdays prior to regular Council meetings. He then stated that the City received a petition signed by 100 students asking for the South Pointe Middle School to be built but not at the expense of the canyon. Referring to the bill intro- duced by Assy. Horcher, stating that no appropriations shall be made by a legislative body for any outdoor sign or adver- tisement if it includes the name of any elected official on any part of the sign or advertisement, he then requested staff to agendize the item for discussion to ensure that signs used for the resurfacing project convey the idea that it is brought by taxpayers and citizens, not the Council. He further reported that the Solid Waste Committee met, prior to the change in the Brown Act, to discuss the City's permit policies and recommended renegotiation of permits to standardize pickup dates. He stated that Assemblyman Horcher, Lynda Stevens from the Pomona Unified School District and Congressman Jay Kim are scheduled to attend Side Walk City Hall. He requested staff to respond to complaints received regarding garbage on D.B. Blvd. MAY 3, 1994 PAGE 5 M/Werner, concerned with the perception of deals behind closed doors, clarified that he met legally with developers for South Pointe for the purpose of identifying an alternative to the project as a means of compromising. He then stated that City funds were expended to ensure that information in the EIR for South Pointe is adequate and accurate. He explained that he prepared the Mission Statement in response to concerns regard- ing how meetings have been conducted and that subcommittee meetings have been properly noticed per the new requirements of the Brown Act. He then stated that prayer was not part of the meetings prior to C/Miller as Mayor and because many indicated that they felt not all religions were being repre- sented properly, it was stopped not to preclude prayer but rather to respect differing beliefs. C/Papen, who serves on the MTA Board, stated that questions regarding transit should be forwarded to her for quicker action and representation of the community. She explained that the Board has not yet made a decision to make a route change at this time, but rather has recommended that Bus #40 be stopped at the Brea Mall, allowing people to transfer to the Orange County line, eliminating the service from Brea Mall to Cal Poly. She then expressed concern regarding a violation of the Brown Act. RECESS: M/Werner recessed the meeting at 8:57 p.m. RECONVENE: M/Werner reconvened the meeting at 9:02 p.m. 5. SCHEDULE OF FUTURE EVENTS: 5.1 MRF COMMITTEE MEETING - May 4, 1994 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 CITY ON-LINE ADVISORY MEETING - May 4, 1994 - 7:00 p.m., at City Hall, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - May 9, 1994 - 7:00 p.m., AQMD, 21865 E. Copley Dr. 5.4 GENERAL PLAN ADVISORY COMMITTEE - May 10, 1994 - 7:00 p.m., Heritage Park Community Center. 5.5 MULTI -CULTURAL COMMISSION MEETING - May 11, 1994 - 7:00 p.m., AQMD, 21865 E. Copley Dr. 5.6 TRAFFIC & TRANSPORTATION COMMISSION - May 12, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.7 CITY COUNCIL MEETING - May 17, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.8 PLANNING COMMISSION MEETING - May 23, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.9 CITY COUNCIL MEETING - May 31, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: CM/Belanger, in response to a concern expressed at the last meeting regarding a 11$4,000 recall expenditure" amount on the Warrant Register, explained that the amount was a charge from the LA County Registrar- Recorder for verifying signatures on the second General Plan Referendum MAY 3, 1994 PAGE 6 petition. In response to the concern regarding the security of recall petitions when photocopied, he stated that staff received the affidavits from those individuals who had respon- sibility for copying the petition which are available to the public. C/Miller moved, MPT/Harmony seconded to approve the Consent Calendar as presented. C/Papen requested that item 6.1 be amended to enforce the Mission Statement by omitting a comment made by one citizen about another citizen, as indicated on Page 21 of the April 5, 1994 Minutes, which had nothing to do with the business before Council. M/Werner stated that the minutes are a public record of what transpired during the meeting, whether it meets the persons objective or another, and, if it is an accurate reflection, then the minutes should be accepted as presented. C/Papen expressed concern with allowing unsubstantiated comments to be printed related to individuals and not matters of business before the Council. She stated that either the City's Mission Statement be removed, or the Minutes be edited to reflect a more generic statement or the statement should be deleted altogether. MPT/Harmony stated that since the statement was made at the meeting, there is no reason to omit it. M/Werner stated that he would not object to amending his motion to modify the statement, with the understanding of developing a future policy in this regard. Motion carried unanimously by the following Roll Call vote: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of March 14, 1994. 6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of March 10, 1994. 6.4 APPROVED VOUCHER REGISTER - dated May 3, 1994 in the amount of $490,043.62. 6.5 RECEIVED & FILED TREASURER'S REPORT - Month of March, 1994. 6.6 REJECTED CLAIM FOR DAMAGES - Filed by Charles Magdesian on April 19, 1994 - referred the matter for further MAY 3, 1994 PAGE 7 action to Carl Warren & Co., the City's Risk Manager. 6.7 ADOPTED RESOLUTION NO. 94-19: A RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR PROJECT NUMBER 283-107. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1 APPROVED MINUTES - REGULAR MEETING OF APRIL 5, 1994 - M/Werner asked if the Council desired to amend the minutes or establish policy. C/Miller stated that he would desire to take both actions. He pointed out that the subject comment did not deal with a specific agenda item and if left in the minutes, people may think it a true statement even though it was not substantiated. He stated that with proper enforcement of the Mission Statement, such comments would no longer be allowed. Richard Callard, 24105 Palomino, in support of the Mission Statement, stated that the Council must begin to conduct their meetings in a business -like manner. Max Maxwell suggested that video and audio tapes be kept on file for one year and not the 30 days ruled by the FPPC so that information not recorded in the minutes is retained. CM/Belanger, in response to M/Werner, stated that the City is not keeping a library of video tapes of Council meetings but audio tapes are kept for a two-year period. M/Werner requested that staff include feedback on the suggestion to keep audio and video tapes for one year along with the report on Council meetings and agendas. C/Miller moved, C/Papen seconded to amend the Minutes of April 5, 1994 to omit the statement made by Mr. Anderson. M/Werner, noting that the Mission Statement had not yet been signed by the entire Council, stated that he saw no reason to amend the minutes since it is an accurate reflection of the meeting at that point in time. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Miller, Papen NOES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ Werner ABSENT: COUNCIL MEMBERS - None MPT/Harmony moved, C/Ansari seconded to approve the MAY 3, 1994 PAGE 8 Minutes of April 5, 1994 as presented. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ NOES: COUNCIL MEMBERS - Papenr ABSTAIN: ABSENT: COUNCIL MEMBERS - Miller COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 GENERAL PLAN ADVISORY COMMITTEE MEMBERSHIP ALTERNATIVES - M/Werner stated that this was on the agenda to resolve the issue regarding rights of devel- opers' representatives to vote on GPAC issues, to discuss the time element regarding completion of review of the General Plan document and to determine if there is an interest in placing the General ballot. Plan on the November Martha Bruske, member of GPAC, cited the following reasons she felt GPAC had become nonfunctional, either accidentally or intentionally: was discussion to create a RH desiGPAC ceased once there gnation of 1 DU/2.5 ac; it appears that a RH designation pushes the South Pointe Master Plan which proposes lot sizes of only 7,200 sq. ft.; protracted discussions about developer membership started to erode confidence in GPAC; there seemed to be a staged activity at the last GPAC meeting charging Council interference and the Brown Act violations, which Council made little effort to disprove, and to notify the membership once it was easily verified that the Brown Act indeed was not violated; and though GPAC voted 13-8 to continue the meeting while the Council resolved the issues of concern, written notice was sent to GPAC members that there would be no meetings until a future date. Wilbur Smith, 21630 Fairwind Ln., expressed concern that it appears that not only is the discussion to be focused upon rethinking the process of formation of GPAC, but also the total process of developing a General Plan. He stated that the Council needs to specifically delineate their desire to start from scratch or allow GPAC to continue with the progress made. He concurred with Ms. Bruske that there appears to be a desire by some not to have GPAC proceed with review of the General Plan. Max Maxwell stated that many members, during the first GPAC meeting, questioned where developers received their rights to vote on GPAC issues; ated that it would be more appropriate M/Werner indic- up at a Council meetin PPropriate to bring the issue g. He stated that the matter was MAY 3, 1994 PAGE 9 agendized and properly noticed, but continued for three consecutive meetings and that when the matter was finally discussed, Council concurred to rescind voting rights and no objections were made bydanylmoember Of GPAC or by any of the developers. Further, at the following GPAC meeting, only those members apo Council Members Papen and Miller seemed toinitiate discussion objecting to the final ruling of the Council. He stated that, On though he would not object to putting the General Plan n the November ballot for the vote of the people, he would object to putting the General Plan on the ballot in its current condition that seems tailored to meet the needs to be of the South Pointe Master Plan and/or its alternatives, such as issues surrounding the RH designation, title transfers allowing removal of building restrictions and building commercial along freeway accesses. He suggested that all these issues be brought to ballot along with the South Pointe Master Plan, the General Plan and perhaps even the recall effort. C/Miller noted that it was not appropriate to allow Mr. Maxwell to discredit members of GPAC who voiced a genuine objection to the decision made by the Council. He agreed to place the General Plan on the ballot. C/Miller moved, C/Papen seconded to put the General Plan approved July 27, 1993 on the ballot for the people to approve. Following discussion, C/Miller withdrew his motion and C/Miller th ten drew her second, his intent would be h an indication from at the end of Public Comments. to restate his motion Sherry Rogers, 2660 Broken Feather, stated that as member Of GPAC, her intent was to listen, understand and exer- cise a vote to develop a framework for a General Plan for D.B. She expressed concern that GPAC was interrupted by removal of five GPAC members on the committee because of a conflict of interest; however, people who have co - headed referendums against all development in the City, as well as being involved in lawsuits against the City concerning relevant issues, equally have a significant conflict of interest; therefore, if one group is then it would be appropriate to remove the other removed, well. She expressed su group as continuing with GPAC efforts, but with the understanding that GPAC must focus on general issues of concern and not with specifics, such as grading and the number of houses on a lot. Steve Nice, cRising Star Dr., stated that since GPAC is a citizens committee, developers who are not residents and registered voters of the City should not have voting rights. He pointed out that those who objected to the MAY 3, 1994 PAGE to decision of the Council did not attend the meeting, though it was noticed, nor does it seem that the attendance this evening. He . even allowing GPAC expressed support are in review the General Plan. stands PPort of to continue to C/Miller pointed out that numerous the last Council meeting, the attended to the hour, which appears to have Occurred againuthis evening. He suggested that perhaps the structure of Council meetings discouraes government when the people from participating in City Y must also contend with families, jobs and other obligations. Nick Anis, Branford Ct. GPAC as a result of chan .s11 stated that he resigned from GPAC. He stated that it is made to the structure of composition of a committee intheprocess to change the document. He pointed out that taxpayersprocess of creating a include property owners, should herights regarding future of the City. He then stated that he concur with the g e RH designation of 1 DU 2.5 did not is appropriate to allow 6 DU / ac• because it the homeowners in the Cit /1 eC' Iia stated that 85$ of He expressed support for placinhavg lots less than 1 acre. ballot for the vote of the g the General Plan on the People. Jack Kowtowski, Kiowa Crest Dr. he is not a GPAC member, he � stated that even though not have voting felt that developers should at the last ng pr vi leges. He Pointed out that in the asst a it , voted for slow, controlled growl, recognize the community. . suggestedHe that people begin to though sometimes g having varying opinions, freedom, and a ri emotional, and acknowledge it as g , and not as a personal attack. a Barbara Beach-Courchesne stated that she had e concern with granting developers the right to vote well before establishment of GPAC. expressed Is not to attack the developer, but ted that the issue right of residents to p to emphasize the Pointed out that it is the duet nine their future. She to make the sacrifices y °f those wishing to s until the issue is beforeethedC Council, to aim at the peak important meeting issue to them. She pointed out that truly an had the opportunity to ballot when place the General Plan /onlller the Public meetings. was mayor, but chose instead to have General Plan on thehballoteingNovember Placing pport of g the GPAC has finished with its review. but only after mandation was made b Noting that a recom- mendation be honored and enfo ced, shOf GPAC e expressed opinion that the South Pointe MasterPlan is being map deed through because developers don't feel it will comply her the General Plan. g Pushed P Y with MAY 3, 1994 PAGE 11 Gary Neely, Exec. Dir., a speaker card D.B. Caucus (DBC) Council, clarified that the DBA is not in regard to effort. and given to the Plan on He expressed support for part of the recall the ballot for a vote of the placing the General expressed his o people. He further its review, pinion that if GPAC is to continue then the composition of GPAC should remain las first established, allowin He pointed out that having g developers the right to vote. meetings offers the Cit g developers InPut Y a great Opportunity in the represent 11 develoacant ners however, PP°rtunity to one developer provide one developer P , as was suggested, because that one for P Would not be able to appropriate) Councils each developer. He y nego- decision to rescind noted that after the one particular developer developers, voting rights, next GPAC meeting. P no longer Participated at the C/Ansari stated that rescinded not because it was recognized an important g rights were Part of the gnized that they are because of the Process of GPAC perception that developers should not ut ahave an equal vote of Council Member appoint a citizen. She suggested that each citizen and a another person to GPAC GPAC to finish with theirvoter reviewbefore who is a ballot in November for °f the City, and allow a vote of the Placing it on the C/Miller moved People. Plan approved July 2a7pen seconded to place the signed the referendum 1993' as was asked of those General on the November ballot. C/Papen, referring to the of January 4, 1994 minutes of the Council meeting that there was no when the GPAC was established, stated affirmative) to her opposition made when M/Werner responded the developers that they if a commitment was made to repre- sentation on GPAC. y would have equal and full re Council meetingReferring to the minutes of pre - she stated thathe Prll 5, 1994, she the would not a � designation pointed out that lawsuit settlement. D.B. Assoc. because Of the approved by GPAC, held She pointed out that manynegotiated in California allow not only the right to vote Y each registered elections Property , but also includes a process. a voter ated based on the She stated that cities can besincorporn property owner. Motion failed 2-3 with the following g Roll Call vote: NOES: COUNCIL MEMBERS _ Miller, Papen COUNCIL MEMBERS Ansari, MPT/Harmony M/ ABSENT: COUNCIL, MEMBERS Werner None M/Werner moved to target the November 1994 election for MAY 3, 1994 PAGE 12 the General Plan, as prepared by GPAC deliberations. following their compositioneOfested GPAC, clarification as to the current M/Werner stated that appointed by each that GPAC is made u indicated the Council Members of 25 delegates members of the Co , as well mmission. as the MPT/Harmony seconded the motion made by Y M/Werner. Member to nquired if the Council and a appoint one more GPAC agreed to allow e registered voter. member who is each a resident C/Papen noted that voiced, not by citizensplaints stated this evening participating in the outside of GPACq were stated that process who have voting but by members election on It seems inappropriate g powers. She the Planningan issue that would still to schedule Commission and the Council for to an deliberations M/Werner stated that his November 1994 election, motion is to 11 would have torgan for the to come back tot the matter for an election the Council. C/Miller expressed concern with adding are being removed. g new members to GPAC as members C/Papen made a substitute motion abandon the current C/Miller seconded to appoint five GPAC and that each Council gated in the p o ess new members, who have Member failed before, to form not partici- the following rm a new GPAC. Motion AYES: 2-3 with g Roll C NOES: COUNCIL MEMBERS all vote: COUNCIL MEMBERS - Miller, Papen ABSENT: Werra rAnsa' MPT/Harmony, M/ COUNCIL MEMBERS - None moved, M/Werner moMPT November 1994 electionHforony seconded being worked a vote to target the Call vote up by the GPAC. °n the General Plan as motion carried: With the following q Roll NOES: COUNCIL MEMBERS Werner MPT/Harmony, M/ COUNCIL MEMS ABSENT: COUNCIL MEMBERS - Miller, Papen 8.2SECOND - None READING OF ORDINANCE OF THE ,CITY COUNCIL OF NO. 02(19940: AN O TITLE 22 OF THE THE CITY OF ORDINANCE CHAPTER 22,54 LOS ANGELES COUNTY CODED BAR AMENDING AND ESTABLISHING By ADDING NEW PROPERTY MAINTENANCE a MAY 3, 1994 PAGE 13 STANDARDS - Continued to May 9, 1994. 8.3 INTERSECTION MODIFICATION ON GRAND AVENUE AT DIAMOND BAR BOULEVARD AND ON GOLDEN SPRINGS DRIVE - CM/Belanger reported that it was necessary for Dwight French & Assoc. (DFA), Inc., awarded a design service contract by the City on October 6, 1992 for reconstruction/ rehabilita- tion of Grand Ave. from the easterly City limit to Golden Springs Dr., to design/ coordinate arterial improvements/ intersection modification outlined in the Memorandum of Understanding with the L.A. County MTA for approved fund- ing of the Grand Ave. Traffic Signalization/Arterial Improvement project. C/Miller moved, C/Ansari seconded to authorize the City Manager to execute a contract amendment with Dwight French & Associates, Inc. to increase the contract amount from $45,700 to $61,000. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/ NOES: COUNCIL MEMBERS - Noneony, M/Werner ABSENT: COUNCIL MEMBERS - None 8.4 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES - Continued to May 17, 1994. 8.5 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Continued to May 17, 1994. NEW BUSINESS: 9.1 STATUS REPORT ON SISTER CITIES - M/Werner reported that the Sister City Sub -committee met to consider objectives in establishing a Sister Cities program, at no cost to the City. The subcommittee recommended that the Council consider Bucharest, Romania and Haicheng, China as Sister Cities and that the City continue to survey the community for supporting members of the community toward that program. Pastor Robert Clayton, D.B. Worship Center, requested that the Council consider Bucharest, Romania as a Sister City. Angie Thomson, speaking on behalf of the Bucharest Street Kids Shelter Project, stated that she had worked in Romanian orphanages for the past two years, and that she had become aware of a greater need for abandoned or orphaned street children. She presented a video of the living conditions of these children who often find shelter in the sewers. Michael Li, 24055 Falcons View, with Congressman Jay MAY 3, 1994 PAGE 14 Kim's office, requested that the Council Haicheng, China as a Sister City. consider Martha Bruske stated that she was under the impression that the intent of the Sister Cities program was not to provide monetary support to another cit out that it may not be feasible for a newt She pointed City to expect to participate in Y-estaboften insti- tuted in older cities. She recommended that the issue of Sister Cities be tabled for at least ten years, thus allowing the City to become more mature. Max Maxwell concurred with Ms. Bruske. Frank Dursa stated that the Sister Cities program is often abused by officials with needless trips to Europe and other parts of the world. He stated that it seem appropriate for a City to offer monetary supdoes not a project better addressed by churches and other port for charit- able organizations. Dr. Rhodes stated that providing financial assistance to Bucharest, Romania does not fit into the category of Sister Cities; however, the public can be asked to send contributions to desire. support their efforts, if they so Sherry Rogers, 2660 Broken perhaps the Cit Feather, suggested that highlighting D.B.yincould contribute to this cause, Positive way. Pastor Clayton clarified that the intent was not to ask for money but only to make the needs of Bucharest known to the City; however, it would be beneficial if anyone desiring to contribute old clothes forth, could do so. , food, money and so In response to C/Papen's inquiry as to why the Bucharest video seemed to portray more boys than girls, explained that boys are more likelyto be abandoned because girls are more vulnerable and exploited into prostitution. most times are C/Papen suggested that the Council move toward corres- pondence with appropriate city officials as an interim step toward making Bucharest, Romania a Sister City. C/Ansari concurred with C/Papen_ She asked Mr. Li if the establishment of a Sister City with Haicheng, China is part of Congress, purpose. Mr. Li explained that Congress passed a law in encouraging American business to export, and there is9a desire for American businessmen to teach businessmen in Haicheng, China how to make money so more jobs can be MAY 3, 1994 PAGE 15 created. Pastor Clayton stated that the Country Hills Towne Center offered a store front as a drop-off Point for D.B. Worship Center for the Bucharest Street ids theShelter Project, regardless of the outcome of the Sister Cities program. M/Werner stated that the Country Hills Towne Center can be reached at 598-3298 for donations or inquiries. He reiterated that there would be no out of the City with this program. the costs to City can lend its name to the Bucharest program with thee ehope that they would get more and better results for their efforts, as well as provide economic development activities and/or relationships between the community and other cities. C/Ansari concurred that this is a look beyond the scope of the Cit nd good opportunity to Sister to two cities in two different ount iesbecome a M/Werner stated that the Sub -committee recommended that the Council work closely with them to develop the kind of relationship desired with both cities in the Sister Cities program, given the City,s capabilities and taking into consideration local issues. MPT/Harmony inquired if there is a action this evening in order to be need for Council delegates of Haichen g, China.able to meet with C/Ansari explained that a delegation from Haichen is expected to attend an economic development sit at m is p Cal Poly on July 6, 7, & 8 and they have indicated their desire to meet with D.B. should the Cit establish a Sister City relationship. Y decide to MPT/Harmony stated he was a supporter Cities program established by Dwight Eisenhowerh but Sister taxpayers, money should not be spent on the that it is important that a cospenit Program, and relationship n regard to Sister Cities. that the Cit Y its own y receive these delegations He recommended correspondence with them and ask the community to show open letters of their interest by perhaps expanding the Sub -committee so it becomes more of a citizens committee. Mr. Callard expressed his opinion that there needs to be Tore analysis into the concept of Sister Cities research- ing other cities other than Bucharest Haicheng, China. , Romania and M/Werner moved, MPT/Harmony seconded to City's intent to establish a Sister Cit declare the Bucharest, Romania and Hiacheng, China, but notrto twith ake MAY 3, 1994 PAGE 16 action until the first Council meeting of June following a discussion on the matter; and the City, during that period, should establish correspondence with those cities to gather further information and determine the kind of support existing in the community. AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/ NOES: COUNCIL MEMBERS Harmony, M/Werner None ABSENT: COUNCIL MEMBERS - None 9.1.1 PRESENTATION TO ANGIE THOMSON RE: BUCHAREST STREET KIDS - M/Werner presented a Proclamation to Angie Thomson acknowledging her extraordinary efforts assisting the street children in Bucharest. Ms. Thomson stated that anyone interested in helping the children should contact Pastor Clayton or the Country Hills Towne Center. ENGINEERING SERVICES CONTRACT IMPLEMENTATION OF A PAVEMENT Continued to May 9, 1994. FOR DEVELOPMENT AND MANAGEMENT SYSTEM - ANNOUNCEMENTS: None. CLOSED SESSION: None. ADJOURNMENT; With no further business to conduct, the meeting was adjourned at 11:15 p.m. to May 9, p.m. 1994 at 6:00 ATTEST: Mayor LYNDA BURGESS, City Clerk INTEROFFICE MEMORANDUM F. CITY OF DIAMOND BAR TO: Honorable Mayor and Members of the City Council FROM: Frank M. Usher, Assistant City Manager SUBJECT: Materials Grant to Diamond Bar Library DATE: June 7, 1994 RECOAINMMATION: That the City Council approve the use of a $10,000 grant for library materials for the acquisition of reference and periodical high school students. materials and materials appropriate BACKGROUND: The City Council has previously approved the allocation of $70,000 to the Diamond Bar Library. Of this amount, $60,000 was for the Thursdays and Saturdays through Fiscal Year 1993-1994. The balance of se of opening 0000 was to used on for the purchase of books and other media materials for the branch, but with the stipulation that these materials be kept at the Diamond Bar branch for at least 18 months after purchase We received a letter (attached) indicating that the Library materials ,but that they would have to be placed in thregular would be happy to accept the grant for indicated that we might consider providingthe �� circulation system. The letter also collection. I have subsequently met with oth Beverly toVan Cittnds of the Library for a rental discuss this possibility, and, with Mishai s, of Friends of the Library, to there might be some modification of the Coon L bsupesrvi lir Deane Dana's ofce, to inquire if that the Friends have not yet established a rents collection�r a cugeneral mon syst for it around there would not likelybe support for a change in the County Libr d that PP g , �' ary's Beal circulation policy. I have discussed today with Mr. Garofalo the Bar branch which would not likely be transferred foruse at other��materials for theDiamond acquiring reference books, periodicals, and materials appropriate for high school students. These materials, by their nature, would most likely be used only at the Diamond Bar branch. His staff will provide a listing of these materials next week. Therefore, it is res the City Councal authorize the Ci �Y recommended that administration for this City Manager to execute an agreement with the Library will then be placed in circulation at a Dto iaamond Bar Librpare ary. tion of funds. These materials nbw attachment cc: City Manager FROM:kEST CODINA REG LIB T0: 909-861-3117 JW 7, 1994 12:04PM #?36 P.02 Aprt1 14, 1994 MI~ I P. 40refa to library AdlinistrAW Cast IMeian NMNWrartara county of Cao An/ela Public Library 1101 Mat oovina Aarkaay Mat cevilla, OA 11790 ph". role) !Oo-6-101 FAX. (818) SJ7-4489 intermt. MYNEBO LArL.00 Torrance Belanger city Manager City of Diamond Bar Suite 100 21660 East Copley Drive Diamond Bar, CA 91765-4177 Dear Mr. Belanger, One aspect of the grant from the City of Diamond Bair to the County of Los Angeles Public Library that needs to be clarified is that portion of the grant, approximately $10,000, that would go for the purchase of new library materials: books, videos, CDs, etc.. At our 1/4/94 meeting, I told Eileen Ansari and Frank Usher that the longstanding policy of the County Public Library is to gratefully accept such gifts for materials, to add those gifts to the County Library collection, to fully catalog all such gifts, to locate such materials at the library where the gift came from, and to make all materials of the County Library available to all library users through our interlibrary loan network. Thus, for example, gifts to the Walnut or Rowland Heights libraries are available through interlibrary loin to users at the Diamond Bar library, and gifts to the Diamond Bar library are available to users at other nearby libraries. Our County Library is the busiest library in the United States because it is 'one Library with 87 Doorsl" The County Library would be very happy to accept a $10,000 grant .for materials from the City of Diamond Bar. The staff at the Diamond Bar library would select needed materials, and then the Library would acquire, catalog, process and circulate these new materials on our automated circulation system. The staff would select a wide variety of needed materials, for both children and adults, both new and classics, and audio-visual materials that would be popular with library customers. All the materials would be shelved at the D1araW Bar library. FROW LEST COVINA REG LIB TO: 909-B61-3117 JW 7, 1994 12:04PM #736 P.03 Letter to Terry balwiger trm Mloheel Garofalo 4/14/04 Mrs. Ansari and Mr. Usher wanted us to change our policy and only allow users of the Diamond Bar library to borrow these materials for a year or more. This is not possible under our existing and longstanding policies of providing equal access to all materiels for all library users at all BT County branch libraries. Another option is for the City of Diamond Bar to give $10,000 to the Friends of the Diamond Bar library for a rental collection. The Friends would need to acquire, process, and manually circulate such materials. Volunteers could be recruited by the Friends to handle such activity; or, the Friends could pay for Library staff to handle such additional work. Friends' rental collections are not part of the County Library collection, are not catalogued, and are circulated manually. Councilwoman Pappen has indicated that she has many volunteers organized and willing to do volunteer work at the library on a daily basis. This would be a very worthwhile project for them. Funds raised from a rental collection could be used to purchase additional new materials for the Friends' rental collection. At present, the Diamond Bar Friends of the Library have no rental collections. You might wish to contact the President of the Friends of the Diamond Bar Library to discuss this option: Beverly Van Citters,-23441 Golden Springs Drive, 0 232, Diamond Bar, CA 91T65, (909) 396-0988. I hope this clarifies the matter of a grant for new materials at the Diamond Bar library. Do not hesitate to call me, or Mr. McClintock, for further information. Sincerely, 1 d cc: Van Citters, Ansari, Werner, Pappen, Wong, McClintock, Hunt MPC 4/14/94 C:\W5FUND\$18MGR.494 2 May 27, 1994 Western Waste Industries REGIONAL OFFICE VIA FACSIMILE AND FIRST CLASS MAIL THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 DIAMOND BAR, CALIFORNIA 91765-4177 ATTENTION: Terrence L. Belanger City Manager Dear Mr. Belanger: On Tuesday, May 17, 1994, CITY COUNCIL opened a public hearing and received public testimony on Ordinance 02A (1990), entitled: "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." On behalf of WESTERN WASTE INDUSTRIES, I personally appeared before COUNCIL to express my grave apprehensions and serious misgivings concerning various Sections of the proposed Ordinance, particularly Section 8, entitled: "HOURS OF COLLECTION", and various aspects of the proposed PERMIT SYSTEM. In Section 8, as drafted, COUNCIL empowers and delegates to the CITY MANAGER, the authority to "regulate the routes, intervals, delivery points, and times for collection by permittees operating within the City." The inclusion of Section 8 in the proposed Ordinance is presumably the result of COUNCIL and/or STAFF concluding that "public opinion" is decidedly against multiple -day refuse collection, and that passage of the Ordinance is the probable first step toward mandating a return to Monday collection by WESTERN WASTE. A reasoned approach would appear to suggest that perhaps a sampling of the response by WESTERN WASTE customers, totalling over 7,022 in the CITY OF DIAMOND, to the switch from Monday refuse collection to multiple day service, would provide a more definitive barometer with which to measure "public opinion". In truth and in fact, since the commencement of multiple day pick-up on February 1, 1994, ONLY FIFTY-EIGHT (58) CUSTOMERS CANCELLED SERVICE CITING THE CHANGE 1 (714) 591-1718 13793 REDWOOD AVE., CHINO, CA 91710 FAX (714) 628-5057 RECYCLED PAPER iA if r On Tuesday, May 17, 1994, CITY COUNCIL opened a public hearing and received public testimony on Ordinance 02A (1990), entitled: "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." On behalf of WESTERN WASTE INDUSTRIES, I personally appeared before COUNCIL to express my grave apprehensions and serious misgivings concerning various Sections of the proposed Ordinance, particularly Section 8, entitled: "HOURS OF COLLECTION", and various aspects of the proposed PERMIT SYSTEM. In Section 8, as drafted, COUNCIL empowers and delegates to the CITY MANAGER, the authority to "regulate the routes, intervals, delivery points, and times for collection by permittees operating within the City." The inclusion of Section 8 in the proposed Ordinance is presumably the result of COUNCIL and/or STAFF concluding that "public opinion" is decidedly against multiple -day refuse collection, and that passage of the Ordinance is the probable first step toward mandating a return to Monday collection by WESTERN WASTE. A reasoned approach would appear to suggest that perhaps a sampling of the response by WESTERN WASTE customers, totalling over 7,022 in the CITY OF DIAMOND, to the switch from Monday refuse collection to multiple day service, would provide a more definitive barometer with which to measure "public opinion". In truth and in fact, since the commencement of multiple day pick-up on February 1, 1994, ONLY FIFTY-EIGHT (58) CUSTOMERS CANCELLED SERVICE CITING THE CHANGE 1 (714) 591-1718 13793 REDWOOD AVE., CHINO, CA 91710 FAX (714) 628-5057 RECYCLED PAPER Western Waste Industries IN THEIR PICK-UP DAY, less than .8% of our customer base. Even more dramatic, between the dates of March 1, 1994, and April 17, 1994, two hundred and forty-seven (247) new customers selected WESTERN WASTE over our major competitor. Over 7,000 satisfied customers of WESTERN WASTE have overwhelmingly and decisively approved multiple day service. Your constituents and our customers have spoken softly but oh so clearly, despite the deluge of advertisement by our competition attempting to entice them away with a return to Monday collection. For years the battle cry of "FREE AND OPEN COMPETITION" has resounded through the COUNCIL CHAMBERS on the issue of franchising solid waste disposal and recycling services. OPEN AND FREE COMPETITION among waste haulers is perceived by many in the City as the only viable assurance against escalating trash rates. The informed citizen readily understands that the more Government intrudes into the market place by restricting hours of collection, imposing excessively costly performance and cash bonds, and dictating a myriad of onerous reporting requirements, the only logical effect is to reduce competition and force the few surviving haulers to pass the regulatory costs onto the service recipient. WESTERN WASTE instituted multiple day service in DIAMOND BAR to curb unacceptable operational losses, yet remain competitive in our customer rates. The five (5) day per week pick-up schedule drastically minimizes the intense environmental impact of thirteen (13) WESTERN WASTE trash trucks plus the twelve to thirteen competitors, trucks all descending on the CITY to pick-up all the refuse and recyclables in a single day. The new schedule not only mitigates those environmental concerns but adheres to the spirit and intent of numerous and diverse regulations promulgated by the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT to significantly reduce excessive emissions. Additionally, prior to establishing multiple day service, the CITY was carefully re-routed to maximize collection efficiency in tightly drawn geographical zones. Our paramount concern was obviating duplicitous traffic patterns, optimizing truck efficiency, and minimizing our impact on CITY infrastructure and environment as well as citizen tranquility. If ORDINANCE NO. 02A (1990) is a mere cosmetic prelude to the imposition of mandatory single day service by the CITY, COUNCIL will have failed to listen to the sentiments of the thousands of people who truly count, the customers of WESTERN WASTE who have 2 RECYCLED PAPER Western Waste Industries overwhelmingly endorsed the multiple day service as well as the hundreds of new customers who continue switching to WESTERN, despite the lure of our competition offering single day service. The ORDINANCE further flies in the face of FREE AND OPEN COMPETITION by excluding many refuse haulers from competing in the CITY if they do NOT have the trucks and capital necessary to effect pickup in a single day. The PERMIT SYSTEM is virtually an EXCLUSIVE FRANCHISE CONTRACT, with all of the typical and usual financial and bonding requirements imposed when creating a sole source monopoly, except that there is no exclusive franchisee and all are welcome to apply for permits to operate. Please read these documents carefully and note the excessive costs and regulatory constraints; does such a contractual arrangement truly promote competition and rate stabilization? For almost a year, WESTERN WASTE and its major competitor have adhered to such a PERMIT AGREEMENT, and have paid the heavy costs, such as bond expenses and cash deposits, associated with the contract. During the same period, another competitor, disregarding the PERMIT SYSTEM, has freely operated in the CITY without sanction or retribution. If this PERMIT SYSTEM promotes the type of FREE AND OPEN COMPETITION apparently endorsed by the CITY, then surely many new refuse haulers have applied to the CITY for permits; if not, why not? The key points for your considered and deliberate judgement are few and simple: 1. ORDINANCE NO. 02A (1990), if adopted, will clearly put COUNCIL, the makers of POLICY, on record as directing STAFF to institute single day service for refuse and recyclables collection; 2. Single day seririce severely reduces OPEN AND FREE COMPETITION by restricting the eligible players to only the very few large companies that can afford the trucks and capital outlay to pickup thousands of single family and multi -family residences in less than an eleven or twelve hour window. Does the CITY currently impose such an onerous burden on other municipal contractors, such as street sweepers or landscapers? 3. Single ay service infrast ucture, timpacts traffic control, environmental maint nanceITY 4. The PERMIT SYSTEM as currently drafted was designed for an EXCLUSIVE FRANCHISE ARRANGEMENT. By imposing those excessive and RECYCLED PAPER d Western Waste Industries costly burdens on the Permittees, FREE AND OPEN COMPETITION among haulers is discouraged and the regulatory costs must be "passed through" to the service recipient resulting in higher than necessary trash and recycling rates; 5. WESTERN'S customers have overwhelmingly approved multiple day service, and the continuing stream of new customers obviously endorse the service concept. Is this not FREE AND OPEN COMPETITION AT WORK? Is this not what COUNCIL has endorsed by declining to enter into an exclusive franchise for Solid Waste Disposal and Recycling Services. If you sincerely believe in FREE AND OPEN COMPETITION and the concept that onerous and burdensome intrusion by government into the market place discourages and erodes the beneficial effects of such FREE AND OPEN COMPETITION, then I trust you will agree the subject ORDINANCE and the PERMIT SYSTEM require revision to delete provisions detrimental and injurious to the preservation of your FREE MARKET philosophy. Respectfully, Al Simonian Vice President AS/ms cc: Troy Butslaff, Assistant City Manager 4 RECYCLED PAPER 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 02 (1990) establishing 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 nuor any public s�rccL or rig�i�-v�-wciy, unlc�a 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 7th day of June , 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 7th day of .Tune , 1994, by the following vote: AYES: COUNCILMEMBERS Miller, Papen, MPT/Harmony and M/Werner NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS Ansari ABSTAINED: COUNCILMEMBERS None ATTEST: Lynda Burgess, City Clerk TABLE OF CONTENTS SECTION PACE SECTION 1. GRANT OF PERMIT FOR COMMERCIAL, RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND TEMPORARY BIN SERVICES 2 ............................ SECTION 2. DEFINITIONS ...................................... 2 SECTION 3. ACCEPTANCE: WAIVER ............................... 5 SECTION 4. PERMIT AREA ....................................... 5 SECTION 5. SERVICES PROVIDED BY PERMITTEE .................... 5 SECTION.6. AB 939 ADMINISTRATIVE FEE 9 ......................... SECTION 7. PERMIT FEES ....................................... 9 SECTION 8. PERFORMANCE DEPOSIT ............................... 9 SECTION 9. TERM AND RENEWAL .................................. 10 SECTION 10. PERMIT TRANSFERRABLE: CITY CONSENT REQUIRED .................................. 11 SECTION 11. PERMIT TRANSFER: FEES ............................ 11 SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION .............. 12 SECTION 13. MEDIATION PROCEDURE ............................... 15 SECTION 14. CITY'S ADDITIONAL REMEDIES ........................ 16 SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY........ 17 SECTION 16. PRIVACY ........................................... 17 SECTION 17. REPORTS AND ADVERSE INFORMATION ................... 18 SECTION 18. PUBLIC INFORMATION AND EDUCATION .................. 20 SECTION 19. ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF SERVICE ................................ 20 SECTION 20. SYSTEM AND SERVICES REVIEW ........................ 20 SECTION 21. COMPENSATION ...................................... 21 SECTION 22. COLLECTION EQUIPMENT .............................. 23 SECTION 23. PUBLIC ACCESS TO PERMITTEE ........................ 24 SECTION 24 _ RESOLUTIOM nll n7prsz-Fr z,_--, �Na=,u=azT� _ _ _ _ .. . SECTION 25. OWNERSHIP OF SOLID WASTE.......................... 26 SECTION 26. INDEMNIFICATION AND INSURANCE..................... 26 SECTION 27. PERMITTEE'S BOOKS AND RECORDS: AUDITS............................................ 29 SECTION 28. GENERAL PROVISIONS................................ 29 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H PERMIT AREA SPECIAL WASTES RECYCLING PROGRAM YARDWASTE PROGRAM SCHEDULE OF CHARGES PUBLIC INFORMATION AND EDUCATION MINIMUM CONTAINER SPECIFICATIONS SOURCE REDUCTION AND RECYCLING ELEMENT INTEGRATION PLAN AGREEMENT BErwiPP i TUr CITY or DIh2 f027D D.�R AND FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIAL This Agreement ("Agreement") is entered into this day of 1992, by and between the CITY OF DIAMOND BAR ("City"), a municipal corporation, and ("Permittee"), a California corporation, for the collection, transportation, recycling, composting and disposal of solid waste, recyclables and compostables. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of Diamond Bar ("City") has determined that the public health, safety and well-being require that permits be granted to qualified solid waste contractors for solid waste collection, recycling, composting and disposal services in residential, commercial, construction and industrial 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 permits remain in force, the collection of material provided for herein may be made only in accordance with the terms and conditions thereof; and WHEREAS, City and are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" )• and WHEREAS, City and desire to leave no doubts as to their respective roles, and that by entering into this agreement, City is not thereby 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 C;tr of Diamond Bar declares its tnwntion to maintain reasonable rates for the collection, transportation, recycling, composting and disposal of solid waste, recyclables and compostables generated within the City limits; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: This Agreement grants a solid waste permit (hereinafter, "Permit") as defined in SECTION 2., below, to , pursuant to Ordinance No. 2A (1990) of the City of Diamond Bar (hereinafter, "Ordinance 2A-90") and California Public Resources Code Section 40059(a)(1) for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in commercial, residential, construction, and industrial areas within the City of Diamond Bar. 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. SECTION 2. DEFINITIONS. 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. 7 D. "Bulky Goods" means discarded housphnld furniiure, %arnislzinso yr uYYlicuacJ, 11141UU111g white goods; automobile parts, including tires; rock or brick in reusable form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in bundles not exceeding eighteen (18) inches in diameter or four (4) feet in length and other items the size or weight of which precludes or complicates their handling by normal collection, processing or disposal methods. E. "City Limits" means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the City Clerk. F. "Commercial Solid Wastes" include all types of solid wastes generated by stores, offices, governmental institutions and other commercial sources, excluding single-family residential solid waste. G. "Commercial Subscriber" means a 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 stu length. mps or branches in bundles exceeding eighteen (18) inches in diameter or four (4) feet in 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 containers, and other waste likely to attract flies or rodents, but excluding materials other community activities, including, but not by way of limitation, used nonrecyclable food for Recycling, Composting, and/or any Hazardous Waste. set out 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 et seg-, or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. ss 9601 et Mg., 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 w2et2 Arid sem=-�li� ..ao1G w1j%ai irsuILS Min industrial processes and manufacturing operations. M. "Multi -Family Residences" means residential units such as apartments, condominiums and townhomes, other than Single Family Dwellings, which utilize bins or other containers, as defined in this Agreement, for the collection of solid waste and recyclables. N. "Municipal Solid Waste" means all Solid Waste generated within the City which is designated for collection under this Agreement. O. "Permit" means the written authority by City and evidenced by this Agreement granting a qualified refuse collector the right and privilege to: (1) arrange for the collection of, and to collect refuse, rubbish and other forms of solid waste, (2) transport to landfill or other licensed disposal facilities as determined by Permittee unless otherwise specified by City, and (3) recycle from collected refuse, compostables and recyclable materials, all solid waste, green waste and recyclables kept, generated and/or accumulated within the 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 by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals. R. "Recyclable Material ";';means any material generated on or emanating from residential or commercial/industrial premises 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 Agreement. Recyclable materials shall not include any material that is visibly contaminated with other waste material or is of a size or weight of which precludes or complicates their handling by normal collection, processing or recycling methods. 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 n oon"Incr uta 51=, uesign, ana weight prescribed by the City Council and utilized by single-family residences or certain multi- family units. The term "Residential Solid Waste containers" does not include Bins used by multifamily residences. V. "Residential Subscriber" means a subscriber to solid waste collection, disposal and recycling services owning or occupying one or more parcels of land which contain located thereon a single-family residence or in some situations a multi -family dwelling used or have 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. I'• "Special Wastes" shall mean all the items and materials which are set forth in Exhibit "B, " "Special Waste" 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 A FA, A. Permit Area D fWrd 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 nvPrPct h xicting�g ment. 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. 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. 5 (1) Weeklv &rYj= Once each week Permittee shall collect and remove solid waste (except Special Wastes) which has been placed, kept or accumulated in containers or bins at single family residences within the Permit Area and placed at curbside prior to Permittee's normal weekly collection time. All refuse must be placed within containers at the curb without obstructions so as to permit collection. City agrees to use its best efforts to enforce parking and other ordinances so as to facilitate 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)Iters of Coll .tion Permittee agrees that, in order to protect the peace and quiet of residents, its arrangements for the collection of solid waste, recyclables and compostable in residential areas shall not start before 6:30 a.m. or continue after 6:30 p.m., 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 In ri 1 nc� 1�Iulti F mil ReSidPnrp� y and remove all solid waste that have been placed Permittee shall collect 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 C, to each commercial. inrMetrial ani multi �nmily rc0iciciiw5 tvt U1C collection of refuse. Bins that are stolen and/or damaged will be reasonably replaced by Permittee, at Permittees' sole expense, upon request of the customer. If a repetitive pattern of loss or damage exists, the Permittee may, with the approval of the City Manager, charge the customer for a replacement bin. The Permittee shall replace all bins damaged due to normal wear and tear within one (1) week after notification. (1) Mu1�Y Weekly ervi 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 Inductri 1 W kly 'wrvice 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 Loll rrinn 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 6:00 a.m. or continue after 6:30 p.m., Monday through Friday unless otherwise provided for in Ordinance 2A-90. (4) Collection SQh �>> = 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 nd Temporary Bin1Rn1loff 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 Hnlida - 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 Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day. F. Recycling Pro$.ram. 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." 7 G. Us dLJ. 010E Oil, Permittee, at parmiticosi �.,1� snan 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 and shall, at Permittees' sole expense, clean-up any such spillage within four (4) hours of notification by City. H. Yard Waste Coll rrinn The permittee shall provide yard waste collection services in the Permit Area in accordance with the terms set forth in Exhibit "D", and the rates set forth in Exhibit "E." I. JIoliday Tree RPr ,djflg 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 collection transportationq provide such 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 Gcxx�c Pick p 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: 1. Reuse as is (if energy efficient) 2. Disassemble for reuse or recycling 3. Recycle 4. Disposal (if legally appropriate). Permittee shall use whatever equipment is necessary for collection providing that a compaction mechanism is not used to compact the bulky goods. P L. City F Qili i c Permittee. at City'e M1L don sl�ll yrvvidG . crud collection and recycling services to all City - owned facilities (i.e., City Hall, Parks, etc.) within the Permit Area. In addition, the Permittee may, at no additional charge to City or the entities listed below, provide refuse collection and recycling services: (a) County Fire Stations (b) All public school facilities (c) Any organization, as approved by the City Manager, having a non- profit designation (i.e., YMCA) M. Pick -Un of f Illeg Dr g,�-iB11k ocxlc f' 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 un of WactP FnnlrflQWWne„ron or � all reasonable care and diligence in collecting solidermittewa tee and shall hall exerCi se at Permittees' sole expense, clean out all overflowing bins or waste enclosures within twenty-four (24) hours of notification by City. If the situation dictates and with the approval of the City Manager, the Permittee may charge the customer for the actual costs of clean up. O. Dim Pr Pr .narPr�nPee r.,,,+..:....r.. permittee shall, at no additional charge to the City, provide a minimum of one (1) container but no more than ten (10) containers of a size, design and weight to all public school and City facilities within the Permit Area as determined by the City Manager. All containers Provided shall be suitable to store all necessary supplies and equipment that may be needed in the event of a disaster. The actual number of containers shall be determined by the City Manager based on the Permittee's proportional ratio of Residential Subscribers as determined by the City Manager on the effective date of this Agreement and as reviewed and set by the City each year thereafter. P. alai_ nllPrtinn corarinu v L ... 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 Regi r 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 ��..nt permittee shall offer a Fifteen percent (15%) senior discount to each single family Residential Subscriber meeting the eligibility 0 requirements set forth in Seetion 21. Th;e d;�u.�� aha" ve appuea upon request to all services provided by Permittee. Pursuant to California Public Resources Code Section 41902, the City may directly assess a fee or may, by agreement, arrange for the fee to be collected by the Permittee under this Agreement. Permittee agrees to pay or collect, as the case may be, an AB 939 Administrative Fee as may be established by separate resolution of the City Council and from time to time amended hereafter. Any fee established pursuant to this Section shall be payable by Permittee to City 30 days after the close of each quarter of Permittees' fiscal year. SECTION 7. PERMIT F U. A. ,Applicah_on F=. The Permittee shall, within thirty (30) days after execution of this Agreement, remit to City for its reasonable costs of granting a bi-annual Permit, a non-refundable application fee as determined by Resolution of the City Council and from time to time amended. B. Bi_anuual Permi FM 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 for its reasonable cost of Processing a Permittee's permit application. 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. SEC—IO g• PERFORMANrp D Dnevr 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. 10 B. Faithful Performance Dwosit- Concurrent with @c cocc utioii of U1ib ngicemeni ano maintained throughout its duration, Permittee shall deposit with the Office of the City Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable case deposit payable to City, in the amount of Twenty Thousand Dollars ($20,000.00), in the form approved by the City Attorney, guaranteeing Permittee's faithful performance of the terms of this Agreement. (1) After thirty (30) days following Permittee's failure to pay the City any amount owing under this Agreement, the performance deposit may be attached by the City upon five (5) days prior written notice to the Permittee for purposes including, but not limited to: (a) Failure of Permittee to pay the City sums due under the terms of the Agreement. (b) Reimbursement of costs borne by the City to correct violations of this Agreement or any other provision imposed by the City and not corrected by Permittee, after due notice. (c) Monetary remedies or damages assessed against Permittee due to breach of this Agreement. (2) The Permittee shall deposit a sum of money sufficient to restore the faithful performance deposit to the original amount within thirty (30) days 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 June 30th of the second year after the Permit was granted. Permits may, at 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 July 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 TRA NSFF.RRART F• ClTy CONSENT RRQI Fn• 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. SECTION 11. PERMIT T ANSFFR FEF4. 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. A. If the City IMPOSITION OF DAMAGE. Manager determines that the ORT .RMTwATrnnr Permittee's performance pursuant to this Agreement has not been in conformity with reasonable industry standards which 12 obtain in similar citieS in Southpm Cnlifnrn,a, kh, pro ri3ion� vi ttiiS nrpcCmen[, me requirements of Ordinance 2A-90, the requirements of the California Integrated Waste Management Board, including, but not limited to, requirements for source reduction and recycling (as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to the laws governing transfer, storage or disposal of hazardous waste, the City Manager may advise Permittee in writing of such deficiencies., The City Manager may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be sixty (60) days from the receipt by the Permittee of such written notice. The City Manager shall review the Permittee's response and refer the matter to the City Council or decide the matter and notify the Permittee of that decision, in writing. A decision or order of the City Manager shall be final and binding on Permittee if the Permittee fails to file a "Notice of Appeal" with the City Manager within 30 days of receipt of the City Manager's decision. Within ten 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. 13 (2) If the Permittee becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Permittee in a bankruptcy proceeding. (3) If the Permittee fails to provide or maintain in full force and effect, the workers compensation, liability and indemnification coverage or performance deposit as required by the Agreement. (4) If the Permittee willfully violates any orders or rulings of any regulatory body having jurisdiction over the Permittee relative to this Agreement, provided that the Permittee may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of the Agreement shall be deemed to have occurred. (5) If the Permittee ceases to provide collection service as required under this Agreement over all or a substantial portion of its Permit Area for a period of seven (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. Tempo It 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 of permittcc's cquipmcm during buun ume as ulty 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 Hundr .d d Fifty Dollars ($25 -QM) 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-Rivcrsidc arca for each march 1st curing the term hereof and effective July 1st of each year. In addition, the Council may order the assessment against the performance deposit required by Section 8A, above, the termination of the Permit, or both. (3) The City finds, and the Permittee acknowledges and agrees that the above-described liquidated damages provisions represent a reasonable sum in light 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 PROCEDURE. A. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether by law or in equity with respect to any such dispute or controversy. B. If either the City Manager or the City Council refers a matter to a mediator, or if the Permittee should allege a breach of this Agreement by the City, a neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto; if agreement, concerning such selection, is not reached within twenty working days, then the City Council shall select a third party mediation service. The City Council's decision shall be final. 16 C. A mediator to whom a matter is referred shalt have the autnority to (t) order the City or the Permittee to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty upon the Permittee consistent with the terms of this Agreement; or (iii) find there has been no breach. If the mediator finds that there has been no breach, such a decision precludes 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. In addition to the remedies set forth in Sections 12-13, above, City shall have the following rights: 17 A. To rent or lease equipment from Z%._U&w r— a.- P" w -r 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 relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Permittee, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Agreement and to enjoin the breach thereof. 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 Majeure," below, refuse or be unable to collect, transport and dispose of any or all of the refuse, compostables and recyclables which it is obligated under this 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. 18 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 graphical format, using a commonly used software program (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 and/or graphical format, using a commonly used software program (e.g., LOTUS 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 IM within twenty (20) working days from the end of the month. At a minimum, me 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;. (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 Renorts. 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. 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 a�calleSPermittee's Cityutbut shalltine correspondence be made available agencies need not be automatically submitted to to City upon written request, as provided in Section 27, below. (�) 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. 20 (2) permittee shall submit to the City such other information or reports to sucn forms and at such times as the City may reasonably request or require. (3) All reports and records required under this or any other section shall be furnished at the sole expense of the Permittee. (4) A copy of each of Permittee's annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporation and other entities, as the City requests, shall be submitted to the City within thirty (30) days after receipt of a request. E. Failure to R= . 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. 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. BI ANNUAL REVIEW OF PERF^n :`",.r�� entn nTlAi.iTY OF SERYJLQE. A. At City's sole option, may hold a public hearing every two years at which the Permittee shall be present and shall participate, to review the Permittee's performance and quality of service. The reports required by this Agreement regarding customer complaints shall be utilized as the basis for review. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. B. Within thirty (30) days after the conclusion of the public hearing, City shall issue a report with respect to the adequacy of performance and quality of service. If any noncompliance with this Agreement is found, City may direct Permittee to correct the inadequacies in accordance with Sections 12 above. To provide for technological, economic, and regulatory changes in refuse collection and recycling, to facilitate renewal procedures, to promote competition in the refuse and recycling industry, and to achieve a continuing, advanced refuse collection and recycling system, the following system and services review procedures are hereby established: 21 A. At City's sole option, City Manager may hold an administrative hearing eacn year at which the Permittee shall be present and shall participate, to review the refuse collection and recycling system and services. It is City's Review of Performance system and services review concurrently with any A and Quality of Service as provided for in Section 19, above. B. Sixty (60) days after receiving notice from the City, Permittee shall submit a report to City indicating the following: (1) All refuse collection composting and recycling services reported in refuse collection and recycling industry trade journals that are being commonly provided on an operational basis, excluding tests and, demonstrations, to communities in the United States with comparable populations, that are not provided to City; and (2) Changes recommended to improve the City's ability to meet the goals of AB 939. (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. g, 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 revised Schedule of Charges, if applicable, for services provided under this 22 Agreement to Residential and Commercial Subscribers within the Permit Area. A schedule of charges is incorporated herein as Exhibit "E." (1) ogle=amil,� �••^�a1 and Recvclin� Services. A F Residential ('ollection Di,,,, Schedule of Charges for Residential Subscribers is set forth in Exhibit "E". (2) Commercial and Multi- Bin r^llPc�+ion Disno�l and Recvclin 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) SMial 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)S,�naial Collection Services for the Disables 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 ReTer 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. (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 23 upon by the City pursuant to this Agreement as a separate item on customers' bills. (2) City may, at City's sole option, elect to bill Residential Subscribers for refuse collection and recycling through a parcel charge. Should the City institute a parcel charge, Permittee shall be paid on for the premises served. Retroactive adjustments shall be made on the basis of addresses of premises added and the date added. Premises ordered after the first of the month shall be charged on a prorated 30 day/monthly basis. (1) As a matter of information, but without warranty as to effect, enforcement or continuity, the City has heretofore adopted requirements and standards relating to the collection of refuse. The City does not warrant property owner compliance with said standards and regulations, and Permittee assumes the risk thereof and shall not claim hardship, extra payment, excuse or frustration on account thereof; except that Permittee and City mutually agree to improve the timeliness of customer payments and to reduce the number of delinquent accounts through a program of cooperative abatement. (2) Permittee may discontinue service and remove bins from commercial subscribers for nonpayment. Commercial subscribers that have not remitted required payments within thirty days (30) after the date of billing shall be notified, on forms approved by the City, that services may be discontinued fifteen days (15) from the date of notice. If payment is not received, Permittee may discontinue services and remove all bins. Upon payment of the delinquent fees, Permittee may charge a redelivery fee, as set forth in Section 21A(7) above, and resume collection services on the next regularly scheduled collection day. G. gefln . 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. •,EX11111auumm 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 in colors selected by the permittee. 24 (2) All bins and containers proviaea snail oe uL&uu u—, uld— .,a.o...-:— 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 NarnO 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'g 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 vehicles provided by Permittee and designated for the collection of refuse or recyclables shall display the following decal to be provided by the City: "Reduce ReuseRecycle• It's Evervones' Responsibility," SECTION 23. PUBLIC ACCESS TO PERMITTEE. A. Office Hours. Permittee's office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. daily, on all collection days. A representative of Permittee shall be available during office hours for communication with the public at Permittee's principal office. Normal office hours telephone numbers will either be a local or toll free call. Permittee shall also maintain a local or toll free 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. MENEM r e"". (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. 25 M PE—;tYP_P_ 111 TYf'_a*--;n rec�ardr l: • .-.� cl— a-- AP A— 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) SECTION 24. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS. 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 PU the terms of this Agreement or a penalty ut uF Lo $100 fur mly 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. (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. (c) All refuse, compostables, recyclables, street and construction debris, or any part thereof, which is disposed of at a disposal site or sites (whether landfill, transformation facility, transfer station or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by Permittee. (d) City, at its sole discretion, shall retain the right to direct which solid waste disposal facility, transformation facility, transfer station, or material recovery facility shall be used by Permittee to retain, recycle, compost, process, and dispose of solid waste and construction debris generated within the Permit Area. SECTION 26. INDEMNIFICATION AND IN�TIRAN(`F 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 27 and defend the City and its officers, employcca and ageno 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 (1) Permittee shall deposit all municipal solid waste collected in the City at landfills which have been properly permitted by the Regional Water Quality Board and the California Integrated Waste Management Boards, which are classified as Class 3 landfills (landfills designated to receive only municipal solid waste), and which are not on or being considered for inclusion on a state or federal Superfund list. Permittee shall have an affirmative duty to, annually or, if reasonably warranted, more frequently, obtain copies of permits issued for all disposal facilities at which it disposes of City's waste, inspect all such facilities, and check with regulatory agencies to ascertain the fitness of such facilities to accept waste, including whether such facility is on a state or federal Superfund list, or is being considered for inclusion on such a list. Failure to conduct such due diligence, or disposal of municipal solid waste collected in the City in violation of this Section, to the extent it causes liability or damage to City, shall trigger Permittee's obligation to indemnify City as set forth below. (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 municipal solid waste pursuant to this Agreement which arises out of the Permittee's failure to comply with this Section. The foregoing indemnity is intended to operation as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, 28 "CERCLA", 42 U.S.C. Section 9607(e) and California fleaitn and Safety Code Section 25364, to insure, protect, hold harmless and indemnify City from liability. D. AB 939 Ind=n;fcad0n- 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. 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. Permittee shall obtain and maintain in full force and effect throughout the entire 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." 29 (3) "This insurance shall aet for each insurrd, a, dluugll a separate policy naci 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 lerk." 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 CM=M. Contemporaneously with the execution of this Agreement, the Permittee shall deposit copies of insurance policies or endorsements evidencing the existence of policies of insurance required pursuant to this Agreement. H. Modification. The insurance requirements provided herein may be modified or waived in writing by the City Council upon the request of Permittee, provided the City Council determines such modification or waiver is in the best interests of City considering all relevant factors, including the fact that the parent of Permittee may be self-insured up to a certain acceptable amount. SECTION 27. PFRMI PEE'S BOOK AN R .CQRnc AUD1U— A. Permittee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, maps, AB 939 compliance records, and customer complaints, for the full term of this 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. The City reserves the right, with due cause, to require of the Permittee that within 120 days following the end of each of the Permittee's fiscal years that occur during the term of this Agreement, or any extension thereof, Permittee shall provide to City an Accountant's Standard Report on Review of Permittee's financial statements for 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 30 become due and payable to City not later than fific— (15) days uArr 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. PRO d&=. A. Force eure. 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. Indet�ndent on rar+nr, 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 venture between City and Permittee. Neither Permittee nor its officers, employees, agents or subgrantees shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Dama . 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• PL4ay D mace, Permittee shall be responsible, within reason, to repair or replace 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 aZy. 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. 31 F.Law t_ �nvPrn • �o...... --- C. The law of the Stat. of Ca.,�„la �liaii govern this Agreement. In the event of litigation between the parties, venue in state trial courts Sul 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. E=2-aad-fLEWWlia. 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. Nor Agr�mP.;re gra s ,�n ;-nt 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 S�mpltance ""d' i au,� Permittee shall comply with all applicable laws, regulations and orders, including, but not limited to those provisions of the City Council which are applicable, and with any and all amendments to such applicable provisions during the term of this Agreement. J. h[QdM. 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: 32 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, three3 such notice is deposited in the United States mail. ()business days from the date K. S;3YiuQs r1a�_� and n irP+.• for an If any non -material provision of this Agreement shall y reason be held to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the validity and enforceabili any of the remaining provisions of this Agreement. ty of L. F.�chibitc In nrnnr�s a in this Agreement by reference.Exhibits "A" through "H" are attached to and incorporated M• ldentifi+inn DolnirP.; (1) Permittee shall provide its employees, grantees and subgrantees identification for all individuals who may make g with of the City. personal contact with residents (2) The Permittee shall provide a list of current employees r subgrantees to the City upon request. The City may require the Permiee tt e to notify customers yearly of the form of said identification. N. NQn-Dicc`�r• (1) Permittee shall not discriminate against any employee or applicant employment because of age, race, religion, creed, color, sex, martial stuxfor orientation, political ideology, ancest sexual mental or physical handicap,r'' national origin, or the presence of any qualification. unless based upon a bona fide 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, status, sexual orientation g national origin, or the presence of any mental or physical handicap. S, ancestry, shall include, but not be limited to the following:ymentP Such action or transfer; recruitment or recruitment advertising; layoff or termination; rates of upgrading; demotion 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 Ci 12, and further that the Permittee shall be barred from performing a for r Section the Citynow or in the future, unless a showing is made satisfactorifi services for that discriminatory practices have been terminated and that a recurrence the City action is unlikely. of such 33 34 WITNESS the execution of this Agreement on the day and year written above. CITY OF DIAMOND BAR M. Terrence L. Belanger, City Manager ATTEST: LM Lynda Burgess, City Clerk PERMITTEE : :A (Title) (Title) APPROVED AS TO FORM: City Attorney 35 STATE OF ss. COUNTY OF On before me appeared , personally pernllyown 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 corporation, and acknowledged to me that such execution was pursuant to its by awsf or �a resolution of its board of directors. DATE: CORPORATE SEAL 36 All portions of the City shown on the map attached as Exhibit A-1. 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 hydrocarbonic gas, compessor oils, pCB bearing capacitors, and mercury thermostats. domestic automobile air-conditioning This includes, but is not limited to: foreign and This industrial and retail refrigeration systems; polyurethane and non -polyurethane foam; and other sources. Any mechanical device, appliance, and automobile equipment containing enough metal to make salvaging economically feasible. 38 A. Permittee agrees that it will cause at least twenty-five percent (25%) of its Proportional share of the waste stream collected 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 Permi shall provide a container(s) or suitable altettee rnative, 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, Permittees' sole expense, shall provide technical assistance and on-site wasteaudits to commercial subscribers and multi -family residences as set forth in Exhibit T. " 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 of the customer. , at Permittees' sole expense, upon request If a repetitive pattern of loss or damage exists, the Permittee may, with the approval of the City Manager, bin. The Permittee shall replace alidamaged due e the uto°nor al weamer for a rpl�ment within one (1) week after notification. and tear 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 itsProportional share of the waste stream collected under this Agreement 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 39 in the City's Source Reduction and Reeyoling Element �g�� ana incorporated herein as Exhibit nesH. Permittee will be 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 Cit '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 neves construct and permit such a MRF �' to acquire, design, develop, expend an , and that City shall not be required to y funds whatsoever in regard thereto. :... .0i'm A. Not later than 180 days after the execution of this Agreement Pe familinstitute a voluntary backyard yardwaste program by providing they first �1100 shall family residential customers that register with a composting bin appropriate for t single- y biologically decomposition of organic materials the Permittee, at Permittee's sole expense, shall provide a compolsting bin hsa s). constructed from not less than 15% post -consumer recycled plastic and is of a sizes weight, nature and type as approved b intrusive on the community with respectY the City Manager as to be minimally and other factors necessary to minimize impacts l of thi�siprogram control,or Iease n addition, use Permittee, at Permittees' sole expense, and educational materials to advishall Provide all necessary technical assistance answer anParticipants on proper cOmposting techniques and y 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 ype to be minimally intrusive on the community with res ease of use. These bins shall be delivered rto espect pubtlictlfacilit facilities control, and designated by the City Manager within two 2 (e.g., parks) Permittee agrees to assist City in deve o)ing eeks after notification. In addition, providing educational material, as well as an individual, knowledgeable each 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 may, at its sole option and upon six 6 Paragraph "A," of this Exhibit, City implement a mandatory curbside yardwaste collection p omonths gramguire for s ne lefae to residences. At such time as a yardwaste program becomes man g e family mandatory within the Permit Area covered by this Agreement, Permittee shall file with the Office of City Clerk a Schedule of Charges for this service. permittee, at Permittee's the expense, shall, at a minimum, provide one 1 100- s sole curbside yardwaste collection program. If an gallon container for use in the container or containers, Permittee shall provide the additional contamer iner an additional and may charge an additional monthly fee pursuant to the Schedule of Charges as set forth in Exhibit "E.' g as (1) City agrees that it will cooperate, participate and consult with Perini develop a curbside yardwaste collection program which is mutually acceptable ttee to 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 � design, level fnecessary or such a program, and that City shall of be Provide de to expend funds whatsoever in regard thereto. Y (2) Upon implementation of this program, permittee an manner acceptable to the California Integrated Waste Management Board 41 5056 of the total yardwastes fro anniversary daft of the m Single family r�c,idences by the first until Janus program, and if this Agreement remains in effect shortfall exists, January 1, 2000, eighty percent (80%) b Januar 1 the Permittee agrees that it will if participate and consult with City to implement contingencies measures as identified i City's Source Reduction and Recycling Element (SRRE) and herein as n the Exhibit "H. " Permittee will be re Incorporated education and awareness sponsible to implement the The failure of Permittee � a hieve �eSC RRE as set forth in Exhibit uF"c breach of this Agreement. goals shall be deemed a material D• Permittee will provide City with written reports in a form adequate to meet City's reporting requirements to the California Integrated Waste Mana emen to the County of Los Angeles throughout the term of this A rgCefi t Board, and performance under this program is set forth in detail. g ent wherein its 42 3 RXH— TAIL L SHED Ti .F OF CHARQFS Permittee Billing 1• Residential Collection, Disposal and Recycling Services: A. Single Family Residences: $ per month. B. Special Services per Single Family Residence: o Senior Discount 15X off services rendered 2. Commercial/Multi-family Bin Rates (Selected Bins - Monthly Rate)* Fir Bin 2 Cubic Yard 1 x week i Each Addi ional Bin 3 Cubic Yard 1 x `,,eek $ $ 2 x week $ $ 3 x week $ $ 4 x week $— $ 5 x week $ $ 6 x week $ $ Fir Bi Each Additional gin 6 Cubic Yard 1 x week $ $ 2 x week $$ 3 x week $__ $ 4 x week $_ $ 5 x week $ $ 6 x week $ $ 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 A. Public Eduratinn anti Tnfnirwiati^" C;enerally 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 nd Informs ion 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. . �� _ • ,�.MJW 4.. 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. C;lv _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. 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. Ting 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. EyeUation 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 G MINIMUM CONTAINER SPECIFICATIONS 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. Each commercial bin 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 bins that are constructed of rigid, durable metal and shall have a minimum five (5) year life expectancy warranted by the manufacturer. Containers shall have the name and the phone number of the Permittee clearly visible on two (2) sides in letters and numbers not less than three (3) inches in height. Any deviations from the specifications established by the City pursuant to this Agreement shall be approved in writing by the City Manager. 47 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 their proportional share 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 MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 28, 1994 CALL TO ORDER Chairman Meyer called the meeting to order at 7:04 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 Chairman Meyer. ROLL CALL Present: Chairman Meyer; vice Chairman Plunk; Commissioners: Flamenbaum, Schad, and Fong Also Present: Associate Planner Searcy; Planning Technician Ann Lungu; Interim City Attorney Michael Montgomery; and Recording Secretary Liz Myers Absent: None MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS Gary Neely, residing at 344 Canoe Cove, inquired if any investigation has been done regarding his suggestion to install an off-site electronic sign off the 60 freeway at Brea Canyon Road/Golden Springs to advertise the center in that location. Chair/Meyer stated that the matter will be brought before the City Council for their consideration. CONSENT CALENDAR 1. Minutes of March 14, 1994 Moved by C/Schad, seconded by C/Flamenbaum and carried unanimously to approve the minutes of March 14, 1994, as presented. OLD BUSINESS - None NEW BUSINESS - None CONTINUED PUBLIC HEARING 2. Zone Change No. 92-2: Vesting tentative Map No. 51169; Conditional Use Permit No. 92-3; Oak Tree Permit No. 92-3; and Environmental Impact Report No. 92-2 AP/Searcy reported that, on December 13, 1994, the Commission decided, with the applicant's concurrence, to continue the March 26, 1994 page 2 public hearing for this application to the March 28, 1994 meeting due to the absence of a General Plan. He noted tfice hat the City received an Extension of Time etfrom the e General State f Plan hat of Planning and Research (OPR), Advisory Committee (GPAC) is still in the process of reviewing the General Plan, and the Significant Ecological Advisory SEATAC), whose recommendation is made a Technical Committee (ntal report, has not yet competed their part of the environme It is recommended that the public review of this project. s from this date to allow time hearing be continued to 60 da ublic hearing on this item. to schedule another SEATAC p C/Flamenbaum suggested that the EIR be presented to the Planning Commission iew while SEATAC is completing their review of theproject. to Chair/Meyer stated that he wo 1 reporteatrthe samelve timehe staff report and the envir Chair/Meyer declared the public hearing opened and invited those wishing to speak to come forward. Brian Bier, the legal representative for Union Wide, stated that the applicant, with reservation roval of itsall Of ts rights, map by the continues to request processing for app applicant for City and reserves all of its rights including as an pt ose rights approval under vesting tentative map, under General Plan as already approved. Without waiver or prejudice to any of its rights and reserving all ofits rights o the as a vesting tentative map, Union Wide agrees recommendation of the Planning Commission staff to a continuance for 30 to ro provide sOf this the Planning nCommiss ning oniswith sion hearing in order to p information from the SEATAC review. question why a Conditional Use Permit (CUP) is Gary Neely q He inquired who is on the required with a zone change. SEATAC. AP/Searcy explained that the CUP is required for a hists llside development project. He stated that the SEATAC consNf three individuals: Dr. David Berry, a geologist; Craig Nelson, a professor; and Dr. Hewitt, a professor of biology. The SEATAC is a City of Diamond Bar committee. Gary Neely pointed out that the location of the proposed of the nothern terminus project is in the same Industrareay dam if it isr rmoved south to of the proposed City which could flood the park in include part of Tonner Canyon, the Country. March 28, 1994 Page 3 In response to C/Fong, AP/Searcy stated that ri rf to the provide a complete packet ff Will to all Commissioners p scheduled public hearing. There being no one else wishing to speak, Chair/Meyer returned the matter back to the Commission for consideration. Schad and seconded by VC/Plunk to continue the public hearing Moved by C / to May 23, 1994• Flamenbaum to amend C/Schad's motion to continue C Moved by / to May 9, 1994. the public hearing The amended motion Died for lack of a second. Commission voted on the motion made by C/Schad The Planning public hearing to May and seconded by VC/Plunk to continue the p 23, 1994. The Motion Carried 4-1 with the following vote: COMMISSIONERS: Schad, Fong, VC/Plunk, and AYES: Chair/Meyer NOES: COMMISSIONERS: Flamenbaum ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS• None PLANNING COMMISSION ITEMS be drafted, representing the C/Flamenbaum suggested that a letter uesting that the City Council Planning Commission, respectfully req learn to get along, and that comments be confined to City business items only. C/Schad requested that the Tree se deoordinance be brought before the Planning Commission for recon laced on the agenda as Chair/Meyer stated that the item should be p its priority an action item, to include a staff report determining enerate this based upon the Planning Commission's authority kind of activity and the staff workload. le VC/Plunk suggested that City Consul ant D beforelathe nd chair Planning General Plan discussion when ested that a risk analysis be Commission for review. She then sugg conducted to determine the feasibility leltoY settle its 1 remaining its problems iand incorporated if the City develop a General Plan. also laced on Chair/Meyer requested that the Development CCo mme ission,with input the agenda for consideration bit he Planning from staff on ways to up March 28, 1994 Page 4 INFORMATIONAL ITEMS Chair/Meyer reported that the GPAC, though composed of dynamic individuals, appears to be losing focus. He stated that there is much debate occurring, but without appropriate direction and leadership from the committee. C/Schad concurred with Chair/Meyer that the General Plan revision process seems to be without vision. He stated that one abstract consideration after another is being discussed, but nothing really seems to be coming together. VC/Plunk expressed her concern that the City Council changed the voting procedure policy of the GPAC midway into the process. AP/Searcy reported that the interim Sign Ordinance for temporary signs will be coming before the Planning Commission at the next public hearing. The Planning Commission will also be reviewing the fence wall policy, particularly for newer development in the City. ADJOURNMENT Moved by C/Flamenbaum, seconded by C/Schad and carried unanimously to adjourn the meeting at 7:50 p.m. Respectfully, /s/ James DeStefano James DeStefano Secretary Attest: /s/ David Meyer David Meyer Chairman MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF THE CITY OF DIAMOND BAR April 25, 1994 CALL TO ORDER Chairman Meyer called the meeting to order at 7:04 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 Chairman Meyer. ROLL CALL Present: Chairman Meyer; Vice Chairwoman Plunk; Commissioners: Flamenbaum, Schad, and Fong Also Present: Community Development Director James DeStefano, Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery; and Recording Secretary Liz Myers Absent: Associate Planner Rob Searcy (excused) MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of March 28, 1994 Moved by VC/Plunk, seconded by C/Schad and Carried 994 as presentedimously to approve the minutes of March 28, 2. Minutes Of April 11, 1994 VC/Plunk requested the minutes of April11, 19of bthe amended Arroyo on page 17 to indicate the proper spelling Willow." correctly C/Fong requested the following corrections: corcor indicate tract 47850 on page 13 middle of the paragraph; indicate the proper spelling of "Leighton & Associates" on page 13; and indicate "engineer technicians" on page 13. Chair/Meyer abstained from voting on the minutes of April 11, 1994 because he was absent at that meeting. Moved by C/Flamenbaum, seconded by approve the minutes of April 11, 1994 AYES: COMMISSIONERS: Flamenbaum, VC/Plunk NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Meyer ABSENT: COMMISSIONERS: None C/Fong and carried to as amended. Fong, Schad, and April 25, 1994 Page 2 OLD BUSINESS - None NEW BUSINESS 3. Planned Sign Program No. 94-4 C/Flamenbaum inquired if his recent involvement in a past litigation matter with a tenant of Country Hills Towne Center would pose a conflict of interest regarding Planned Sign Program No. 94-4. He stated that he has no other financial interest in Country Hills Towne Center, nor does he have any preconceived determination regarding this specific agenda item. ICA/Montgomery stated that no statutory impropriety exists since the source of income was not from the applicant, nor is there a preconceived finding on the part of C/Flamenbaum on the ultimate decision; therefore, there is no conflict of interest in this matter. AstP/Lungu reported that the applicant, Jacqueline Wolfe, and Landsing Pacific Fund, the property owner of Country Hills Towne Center, is requesting approval of Planned Sign Program No. 94-4 for Country Hills Towne Center located at cant islnot S. Diamond Bar Boulevard. She stated that the applicant of a requesting new signage at this time, but rather app Planned Sign Program to prepare for future signage. She reviewed the proposed Planned Sign Program, which is consistent with existing signage, as outlined in the staff report. It is recommended that the Planning Commission approve Planned Sign Program No. 94-4, the Findings of Fact, and conditions as listed within the attached resolution. Chair/Meyer opened the meeting and invited those wishing to speak to come forward. Jacqueline Wolfe, representing the Real Estate Marketing Management Co. for Country Hills Towne Center, located in Santa Anna, explained that the Planned Sign Program was developed to have control of the signage presented. She confirmed that the Planned Sign Program is consistent with existing signage. In response to C/Schad, Jacqueline Wolfe stated that all the signs are currently illuminated internally, and will continue to be so with the Planned Sign Program. There being no one else wishing to speak, Chair/Meyer closed the meeting and returned the matter to the Planning Commission for consideration. Chair/Meyer noted that the site plan submitted by the. applicant does not show the Speedy Lube pad. April 25, 1994 Page 3 CDD/DeStefano explained that the Conditional Use Permit (CUP) approved for the Speedy Lube facility has ceased to exist due to its nonuse, and, as a result of the Hamburger Hamlet approval, the lot is being converted back to a parking lot designed to simulate what was there prior to the Speedy Lube proposal. Moved by C/Schad, seconded by C/Flamenbaum and carried unanimously to adopt Resolution 94 -XX approving Sign Planned Program No. 94-4 with the Findings of Fact, and conditions listed in the staff report. AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, Vice Chairman Plunk, and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PUBLIC HEARING: None PLANNING COMMISSION ITEMS C/Flamenbaum questioned the purpose of the May 2, 1994 joint public hearing of the Planning Commission and the City Council to consider the South Pointe Master Plan. Chair/Meyer explained that the purpose of the joint public hearing is an effort to expedite the review process of the alternative design program submitted for South Pointe to allow the Walnut Valley Unified School District (WVUSD) to move forward with construction of the South Pointe Middle School. VC/Plunk expressed concern that, since the Planning Commission has already reviewed this project and provided a recommendation to the City Council, there may be an appearance of coercion resulting from this joint public hearing, particularly since the City Council has not yet reviewed the project and considered the Planning Commission's recommendation, nor have they provided action. Chair/Meyer stated that these concerns a,will be 994 with staff, discussed Mayor clarified at the meeting on Monday, Y applicant has Werner, and himself. He reiterated that the app submitted an alternate design program for South Pointe which is substantially different from the proposal reviewed and approved by the Planning Commission. VC/Plunk suggested that it would have been more appropriate had the City Council provided action to the originally submitted project before asking the Planning Commission to review this alternate proposal. She expressed concern that changing protocol this time provides a precedent for special action for other special interest groups. April 25, 1994 Page 4 C/Schad pointed out that the review of this alternate project must be expedited to allow the WVUSD to remove the dirt to construct the Middle School, otherwise the School District is in a position of losing the funding that is available. He stated that the WVUSD should not be considered a special interest group. vC/Plunk inquired if a General Plan must be in place before the Army Corp of Engineers will grant a permit to move dirt across a blue line stream. ICA/Montgomery, uncertain of the requirements of the Army Corp of Engineers, stated that he is aware that permission to encroach a blue line stream must be received from the State Department of Fish and Game. CDD/DeStefano stated that neither the Army Corp of Engineers nor the Department of Fish and Game will permit the developer to encroach upon a blue line stream until the local jurisdiction has approved the project; however, he stated that he is unaware of any concern either entity may have regarding the General Plan issue. He explained that the project is being processed as a result of its vesting with the land use documents and zoning in place at the time the map was deemed complete. He stated that the City is operating under an extension of time allowing the City to process vesting tentative maps, development agreements, and so forth, as long as a finding can be made that they are consistent with the contemplated General Plan, and will not pose any irreparable harm. vC/Plunk inquired why the City Council desires the Planning Commission to review the project again when the City Council has, in the past, reviewed a modified project without bringing it back to the Planning Commission for further review. CDD/DeStefano stated that the Government Code allows the City Council a certain amount of discretion over the Planning Commission recommendation for modification; however, if the nature of the change is deemed major, and there is a question if the issue was appropriately discussed and debated at the Planning Commission level, then the project would need to come back to the Planning Commission for a quick review and recommendation to the City Council. ICA/Montgomery stated that the applicant has submitted a revised plan, which has the same effect as withdrawing the original plan reviewed by the Planning Commission, and there is specific findings that only the Planning Commission can make with respect to open space lots that is part of the new proposal. He stated that joint public hearings with the City Council and Planning Commission are often held in many cities. c/Flamenbaum stated that he may not be able to attend the joint public hearing on May 2, 1994 because of a conflict in schedule. He then stated ehCaveir letter drafted Chairmdhity Council asthe bythe Planning April 25, 1994 Page 5 Commission, not be forwarded to the C re Council it l has already received the message appear that the City Counci to the regarding the Planning Commission's concerns relating turmoil in the City. Chair/Meyer concurred that no positive purpose would be served by forwarding the letter at this time. He pointed out that the letter may be also inappropriate because it lacks recommendations as to how to improve the situation. C/Fong pointed out that if the PlanningbCommiios feelscondua need to express a concern relating to how City ss en the letter should be sent. vC/Plunk concurred that the letter, which has been written respectfully, should be forwarded to the City Council. C/Schad concurred that the letter need not be sent. Chair/Meyer noted that it is the consensus of the Planning Commission not to direct the Chairman to forward the letter. C/Fong, referring to the scheduled joint public hearing, stated that it would be inappropriate for the Planning Commission to feel compromised in the thelWViJSD to achieve theirion making process goal. of the time factor involved f C/Schad stated that assuring minimal ecological damage ht toe canyon upon removal of the dirt should be the highlight consideration. C/Schad then requested the Planning Commission to review the Counciee ordinance and recommend it for reconsideration by the City l. He noted that the Tree ordinance could generate real benefits from the Arbor Society, which can provide the City with some guidelines and assistance. Chair/Meyer questioned the appropriateness of sending back a Tree ordinance recommending City Council reconsideration when the City Council has already debated the issue and provided action. He stated that if the City Council desired a review ofthe existing Tree ordinance, then they would direct the PlanningCo out that the to review it and provide a recommendation. He p Development Code, which is inadequate and does not address City needs, also needs to be reviewed, and will need to be wou Pd abe ce after the adoption of the General Plan; therefore, it prudent for the Planning Commission to have reviewed the Development Code and have it ready for implementation. He then suggested that it may be more appropriate to place on the agenda discussion developing a work program of Planning Commission goals and priorities, giving consideration to staff workload. CDD/Destefano stated that staff can place an item on the agenda discussing the preparation of a work program for Fiscal Year 94-95 April 25, 1994 Page 6 that would be advisory to the City Council, which would incorporate needed staff time or consultant augmentation, and an assessment of costs to develop documents being requested. He suggested that it may be appropriate to prepare such a work program for the City Council's budget review meetings scheduled in June 1994. He then pointed out that some of the issues of the Development Code may be hamstrung by the lack of a General Plan policy document. INFORMATIONAL ITEMS C/Fong inquired what issues should be reviewed by the Planning Commission regarding Vesting Tract Map No. 47850. CDD/DeStefano stated that the project will be before the Planning Commission around the end of June 1994 after the applicant has addressed some geotechnical issues, as indicated in the settlement agreement. He stated that, upon concurrence between the City's and developer's consultants that the geotechnical reports are complete and adequate, a study session will be scheduled to bring the Planning Commission up to date. He stated that a joint meeting of the Planning Commission and the City Council will be scheduled to review the geotechnical report and the findings of the City's and developer's consultants. CDD/DeStefano reported that the City Council adopted the Property Maintenance Ordinance (PMO) at the April 19, 1994 meeting, as well as Chapter 99 as an Urgency Ordinance to remain in effect until June 3, 1994, the effective date of the PMO. CDD/DeStefano reported that GPAC meetings have been suspended until such time that the issue regarding developer's voting rights and representation has been resolved. Chair/Meyer, noting a member of the audience wishing to speak, opened the meeting for public comment. Ken Anderson, residing at 2628 Rising Star Drive, expressed concern that another proprietor is seeking ABC approval for a liquor license at the establishment located at 2707 Diamond Bar Boulevard. He pointed out that there have been many problems with repeat sales to minors and other criminal activities associated with off -sale liquor establishments at that site. He pointed out that the area is designated as Professional Office, and it would seem inappropriate to consider an off -sale liquor establishment as "professional." Chair/Meyer explained that the Planning Commission cannot address Mr. Anderson's concern because it is not an agenda item; however, if it is appropriate for discussion, it will be placed on a future agenda for discussion. ADJOURNMENT April 25, 1994 Page 7 Moved by C/Schad, seconded by C/Fong and carried unanimously to adjourn the meeting at 8:16 p:m. to May 2, 1994 at 7:00 p.m. in the AQMD Auditorium. VC/Plunk voted noe to adjourn to May 2, 1994 for the joint public hearing of the Planning Commission and the City Council. Respectfully, /Gl Tames Dngi-Pfano James DeStefano Secretary Attest: %R/ Davia MP�ZAY David Meyer Chairman MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF THE CITY OF DIAMOND BAR April 11, 1994 CALL TO ORDER Vice Chairwoman Plunk called the meeting to order at 7:05 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 Commissioner Fong. ROLL CALL Present: Vice Chairwoman Plunk; Commissioners: Flamenbaum, Schad, and Fong Also Present: Community Development Director James DeStefano; Associate Planner Searcy; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery; and Recording Secretary Liz Myers Absent: Chairman Meyer (excused) MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of March 28, 1994 CDD/DeStefano stated that the Minutes of March 28, 1994 will be amended to indicate his absence at that meeting. C/Fong, noting that page 2 is missing from the Planning Commission's copies of the minutes, requested that a complete version of the Minutes of March 28, 1994 be brought back at the next meeting for consideration. The Planning Commission concurred to table the matter. OLD BUSINESS - None NEW BUSINESS 2. Review and Recommendation Regarding Fences 8 Walls AP/Searcy reported that the Planning Commission directed staff to investigate development standards in other cities and compare those standards with the City's current development standards relating to fences and block walls mainly in front April 11, 1994 Page 2 yard setbacks. He then reviewed current City development standard and the comparative study of the standards in other cities, as outlined in the staff report, which indicated that Diamond Bar's current development standard is consistent with other communities. He stated that staff feels the current standard is an effective tool for addressing requirements for walls and fences, and to address any basis for modification of that standard. However, if the Planning Commission desires an alteration of the policy, he reviewed the following possible alternatives to address the requirements for walls: 1. Maintain current development standards and processing procedures; 2. Create a policy whereby staff can utilize the Yard Modification procedure to address minor modifications (5 ft. maximum height of fences in the front yard setback with non -view obstructing materials) within The Country Estates; and 3. Develop a policy that would allow front yard fences within The Country Estates to be constructed up to 6 ft. in height. It is recommended that the Planning Commission take no action to change the policy in effect. However, should the Planning Commission desires a modification to the policy, it is recommended that the Planning Commission allow staff the discretion to use a 5 ft. height limit with non -view obstructing material for any fences that may exceed the current development standard. C/Schad inquired if current policy requires a permit and Planning Department review for the construction of walls. AP/Searcy stated that the current Development Code only requires a permit for block walls over 6 feet. However, any wall constructed with pilasters must be permitted by the Building Department. He stated that staff would suggest that all fences and walls be permitted, or require Planning Department and Building Department review, because sometimes a problem does occur with people constructing walls within the easement or the dedicated area. C/Schad, concerned with cracking and leaning walls throughout the community, inquired if requiring permits for walls and fences over 4 feet would provide. for better constructing procedures. AP/Searcy suggested that it would be preferable if any block wall required some type of permit and review. He explained that because the City does not require contractors to obtain a business license, it is very difficult to track the quality of some of the contractors. C/Schad stated that, when it is appropriate for discussion, he would recommend that the City consider utilizing a more stringent standard requiring permits for all block walls. April 11, 1994 Page 3 C/Flamenbaum suggested that since only about 5 to 10 walls a year, out of the approximate 10,000 residences with block walls, have suffered damage, perhaps during an earthquake, due to poor construction, it may not be appropriate to burden the entire community with a permit requirement. AP/Searcy pointed out that, as a health and safety issue, the community would benefit from quality construction guaranteed with a more stringent permit requirement. He stated that currently a variance is required to exceed the standards. However, a variance requires a public hearing, which is more costly for the applicant than a permit, should the policy be amended. CDD/DeStefano stated that the Planning Commission recently held a public hearing on a variance application requesting relief from the development standards to construct a wall in the front yard setback. This application resulted in Planning Commission direction to staff to review the current development standards and investigate any other tools available in the City's code that could be utilized. He stated that staff has determined it would be inappropriate to allow the proliferation of 6 ft. high walls in the front yard, for reasons indicated in the staff report, and if there are circumstances supporting a variance, it should be handled through the appropriate means, either the yard modification or the variance. Therefore, staff recommends that the Planning Commission take no action to change the policy currently in effect. Acting Chair/Plunk inquired why The Country Estates was singled out in one of the alternatives. AP/Searcy explained that The Country Estates is unique with its large lots, bigger than average frontages, and some of the homes are constructed further back from the right-of-way. He stated that most of the interest for a variance, on the part of residents, occur in The Country Estates. He then reported that staff has recently received an application applying for a variance to construct a non -view obstructing wrought iron fence with pilasters to be constructed in the front yard setback, of a home in The Country, indicating safety concerns. C/Schad inquired if The Country Estates' Home Owners Association (HOA) would have guidelines regarding the construction of walls in the front yard setback. AP/Searcy stated that the only HOA guideline he is aware of is the design plan must be submitted for review and approval of by the architectural committee. April 11, 1994 Page 4 C/Flamenbaum suggested that the Planning Commission consider the staff report received and filed, and that no action be taken. AP/Searcy noted that there is a member of the audience that desires to speak on the issue. Acting Chairwoman opened the meeting and invited those wishing to speak to come forward. Mrs. Rona, residing at 23107 Ridgeline Road in The Country, who currently has filed an application for a variance, explained that because her family has been victimized by four (4) cases of vandalism in the last year, they have requested a variance to construct a 6 foot wall in the front yard setback for security reasons. She offered to submit photos to the Planning Commission illustrating the damage done to her home. CDD/DeStefano explained to the Planning Commission that Mrs. Rona's request for a variance is currently being processed. It is being scheduled for public hearing before the Planning Commission next month. Therefore, the Planning Commission should be cautious with respect to the details of this case. He stated that Mrs. Rona could leave the photos with staff, which will be part of the public record. ICA/Montgomery advised Mrs. Rona to submit her photos to staff at a later time since the public hearing is pending. AP/Searcy, in response to Acting Chair/Plunk, stated that one of staff's suggested alternatives to the current policy might be to allow staff to use the yard modification procedure, rather than a variance procedure, to allow people to construct fences higher than 42" up to 5' of non view obstructing material, thus expediting processing of those projects that are not a gross non-compliance of the current standard. There being no one else wishing to speak, Acting Chair/Plunk closed the meeting and returned the matter to the Planning Commission for consideration. C/Schad recommended that the public hearing for Mrs. Rona's application for a variance be scheduled for public hearing before the Planning Commission as soon as possible. C/Flamenbaum pointed out that a 6' wall in the front yard setback would not provide security. He stated that the Code should be uniform in its application to all residents, and residents in The Country should not be given special services from staff because of their location. April 11, 1994 Page 5 Moved by C/Flamenbaum, seconded by C/Schad and carried unanimously to maintain the current development standards and processing procedures. C/Schad requested that the building standards be increased on wall construction at any height. 3. Review of Parking Standards C/Flamenbaum recommended that staff provide a report on each of the items listed in the staff report regarding Parking Standards, allowing the Planning Commission an opportunity to provide input on each item. The Planning Commission concurred. AP/Lungu reported that the Planningdins Commission n their ed staff to prepare a draft parking utilizing parking ordinance from other cities and incorporating the Commission's commter reviNovemberm the ewing'theparking 1994 meeting. She stated that, standards in Los Angeles County's Planning and Zoning Code as parking ordinances from cities surveyed, and well as the p gits considering the foil followingsituations re a t commercial Sationsltfor the City, the parking ordinance for the City: incorporation into a p g o Landscaping - Landscaping shall not be less than 8% of the total paved area of the parking lot. Fifty percent of the landscaping shall be distributed within the parking area and, 50% shall be distributed around the perimeter of the parking area. Landscape ide antOen areas shall not be less than three ( 3 ) feetaces inch box tree shall be installed every 10 parking spaces and five (5) gallon minimum size for all shrubs. C/Flamenbaum suggested that landscaping requirements be more focused on the use of trees,ert an bushes, to reduce the reflectivity in the parking l AP/Lungu stated that the ordinance specifically indicates the number of trees, and only the planter areas are calculated in terms of percentages. In response to C/Fong, AP/Lungu explained that staff determined that 8% landscaping would be appropriate for the City based upon the percentage used in other cities, what is currently utilized Diamond Bar, and what is suggested in the General Plan. C/Schad suggested that landscaping be increased to not less than 20% of the total paved area of the parking lot to add more beauty to the parking areas. April 11, 1994 Page 6 AP Lun u, in response to Acting Chair/Plunk, stated that / g ed from the percentage used by other cities surveyed rang 2% to 10 %. suggested that the Planning Commission CDD/Destefano receive the entirety of the presentation, providing input with respect to each of the omponts. mendmenThen provide direction to staff with appropriate ordinance. C/Flamenbaum expressed his desire to seek consensus and provide direction on each component as it is reviewed. He then stated that he feels 20% is not appropriate because it is too prohibitive. He stated that e of gallon shrubs should be eliminated, and he number trees should be increased, requiring them to be indigenous and/or drought tolerant. C/Fong inquired if the ordinance allows some creativity on the part of the landscape architect. AP/Lungu stated that the landscape architect is allowed some creativity in terms of the a the variety t of landscaping above the minimum requirement, and so forth. to CDD/Destefano stated that the ommpurission ose of s h di ectionreport s in respond to the Planning which reviewing the parking standards of the community, will lead to a specific zoning ordinance amendment with that specific changes to the zoning code. He suggested the Planning Commission may prefer to provide staff with some general direction regarding the Parking Standards, understanding that the specifics will be debated when the zoning ordinance comes back before the Commission for review. The Planning Commission concurred With mare higher percentage of landscaping is desired, than bushes, using 24" box trees about every 5 spaces, and with trees that are indigenous and drought tolerant. o Compact Parking a. To allow for flexibility within the parkin g standards, if a new commercial development cannot meet the number of parking spaces consider utilizing compact parking spaces for employee only. b. Utilize compact parking for businesses which incur long-term stays. parking spaces shall be C. Dimensions for compact p g pfeet long. eight (8) feet wide and sixteen (16) April 11, 1994 Page T C/Flamenbaum suggested that the compact parking definition be increased to 9 feet wide and 16 feet long. q C/Fong inquired what percentage of compact parking is allowed by the County. AP/Lunge stated that the LA County codShee allows the stated that Cthe up to 40% for compact parking. arkith cities surveyed range for 20% to 40% for compact p CDD/DeStefano stated that staff will further bac igat h a specific recommendation up most However, the percentage allowed for compact such parking moss likely will depend upon the type of use, retail, manufacturing, etc. C/Schad concurred with the 9 foot width and 16 foot length on the dimensions for compact parking. Acting Chair/Plunk act t at she ould to be rno lessefer othan see dimensions for comp parking spaces 8.5 feet wide and larger than 16 feet wide. o Standard Parking feet long a. Nine (9) feet wide and eighteen (18 ) C/Fong and C/Schad concurred with the suggested minimum dimensions. Acting a minimum of 19 feet in Chair/Plunk suggest length. o Churches, Temples, Other Places Of Worship a. One (1) parking space for every three (3) fixed seats withinet of seating sanctuaryarea revery where there are no square fe fixed seats. b. Eighteen (18) lineal inches of bench shall equal one (1) fixed seat. ursuant to Uniform C. Occupant load determined p Building Code. C/Schad indicated his desire for further input io m some of the larger churches before making hat can hold more pointed out that the larger vehicle, family members, is usually taken to church. The Planning Commission concurred that more informaf the on is needed to make a final determination. However, then information gathered confirms the recommendation, the Commission would concur with the recommendation as stated. April 11, 1994 Page 8 gg C/Fong suggested that staff contact a church planning architect to gather information. he equirements for Acting Chairc/ see emsnthe same oted tastthe rrequirements for churches, et entertainment and assembly. The Planning Commission concurred to use the same standard for each use. o Commercial arkingespaceaforf every 250 a. One (1)) Pp250 square feet of gross floor area. CDD/DeStefano pointed out that the parking problems for commercial/professional uses, as well as medical uses, are the two biggest problem areas in the City. He noted that shopping centers with high occupancy rates having parking ratios of 1 for every 250 square feet of gross floor area don't seem to have a problem. C/Flamenbaum suggested that five (5) parking spaces for every 1,000 square feet of gross floor area, as is used by the Intercommunity Hospital, may be more appropria e. He noted that professional uses in a center could also include medical uses. Therefore, one should not really differentiate between the two uses for parking requirements. C/Fong concurred with staff's recommended requirements for both commercial uses, professional office and medical uses. C/Schad, noting the parking problems in the centers throughout the City, concurred with C/Flamenbaum's suggested requirements. Acting Chair/Plunk concurred that professional and medical uses are interchangeable, and should have the same parking considerations.She stated should be tf vehat th5)pspaces requirements for medical uses per doctor. C/Flamenbaum suggested that the parking ratio be determined on floor space rather anumber of than the physicians in attendance. o Medical Uses arkin space for every 200 square feet of a. One (1) p g gross floor area. 5 spaces b. In no case shall there be less than five ( ) P per doctor. April 11, 1994 Page 9 The Planning Commission concurred with the recommended requirements, understanding that the floor ratio is preferred over the number of physicians in attendance in determining the parking requirements. o Dining a. One (1) parking space per three (3) persons based on occupant load determined by the Uniform Building Code. b. One (1) parking space per 35 square feet of gross floor area with no fixed seats. C. Eighteen (18) lineal inches of bench shall be considered as one (1) fixed seat. The Planning Commission concurred with the recommended requirements. o Entertainment, Assembly The Planning Commission concurred that the parking requirements for entertainment and assembly should be the same as the parking requirements for churches, temples, etc. o General Retail/Services a. One (1) parking space for each 250 square feet of gross floor area. CDD/DeStefano, in response to C/Flamenbaum, stated that new developments in existing centers would need to comply with the current code in place at the time they apply for the project. C/Flamenbaum, noting that there is room for in -fill in many of the existing centers, expressed concern that changing the number of required parking spaces in existing commercial centers may result in the loss of the proposed business. He then suggested that it may be appropriate to require parking lots to be designed with relatively easy ingress and egress. CDD/DeStefano explained that all new projects will require, at minimum, a design review approval by the Planning Commission, allowing the Commission to address concerns regarding circulation. There was concurrence among the Planning Commissioners that the recommended standard is acceptable. Acting Chair/Plunk suggested that copies of the parking standards be sent to the Chamber of Commerce and other organizations that may possibly be affected. April 11, 1994 Page 10 Acting Chair/Plunk requested staff to investigate the affects of a grandfathering clause for in -fill structures at existing centers. o Warehousing a. One (1) parking space per 1,000 square feet of gross floor area. b. One (1) parking space per 250 square feet of gross floor area utilized for office or sales area. C•7 J U Transportation Demand & Trip Reduction Measures AP/Lungu noted that the recommended standards, as indicated on page 6 and 7 of the staff report, are measures recommended by the Planning Commission to the City Council for adoption. Shared Parking Agreements 1. Shared parking agreement may be allowed with a Conditional Use Permit C/Flamenbaum requested a report on how well current shared parking agreements in the City, and other communities, are doing. Parking Acquisition fund AP/Lungu stated that since the City currently does not have a "down -town' area, it may not be appropriate to incorporate this provision in a parking ordinance. The Planning Commission concurred. o Residential Development 1. single-family a. Two (2) garage. 2. Two-family a. Two (2) garage. standard parking spaces within a standard parking spaces within a C/Flamenbaum suggested that the garage space for single- family residential be increased to a minimum size of 12 feet by 18 feet, thus allowing more area for storage as well as parking. Acting Chair/Plunk suggested that driveways be required to be constructed long enough to accommodate 2 cars on the driveway. April 11, 1994 Page 11 3. Bachelor/Efficiency/One, Two or More Bedroom Apartments a. One covered standard parking spaces per dwelling unit for bachelor apartments; b. One and one-half (1 1/2) covered standard parking spaces per dwelling unit for efficiency or one bedroom apartments; C. One and one-half (1 1/2) covered standard parking spaces, plus one-half (1/2) uncovered parking spaces per dwelling unit for two (2) or more bedrooms. Acting Chair/Plunk expressed concern with allowing 1/2 spaces. She stated that the one and one-half (1 1/2) parking space requirement for efficiency or one bedroom apartments is inadequate. o Senior Citizen Residential Development a. Efficiency/One Bedroom Apartments - one (1) standard parking space within a garage, plus one- half (1/2) space open guest parking per dwelling b. Two Bedroom Apartments - two (2) standard parking spaces within a garage, plus one (1) open guest parking space per dwelling nit. C. Three or More Bedroom Apartments - a minimum of two (2) standard parking spaces within a garage, plus one (1) open guest parking space per dwelling unit or as approved by the Planning Commission. C/Schad requested staff to insert a statement indicating that ADA requirements will be met. Acting Chair/Plunk stated that she would prefer to see the parking standards for seniors higher than what was allowed for the Heritage Park Senior Apartments. CDD/DeStefano explained that the parking standards for senior dwellings depend upon the type of care the facility is providing. He explained that independent care facilities tend to have higher parking standards because seniors are more active and mobile, as compared to congregate care type of living facilities, and so forth. He stated that Diamond Bar is likely to see independent care type facilities for the next several years. In response to C/Schad's concern, AP/Lungu stated that the parking standard for three or more bedroom senior apartments suggested by staff requires a separate guest parking space, and not tandem parking. April 11, 1994 Page 12 Acting Chair/Plunk noted that it was the consensus of the Commission to direct staff to formulate a specific zoning code amendment, incorporating the Planning Commission's comments, and be brought back at a future meeting for the Planning Commission's review. INFORMATIONAL ITEMS 4. Reconsideration of Vesting Tentative Tract Map No. 47850 CDD/DeStefano reported that the City Council took action, at the April 5, formal 1994 meeting, to reconsider the City Council's action of December 1, 1992, which approved a Resolution to deny VTM 47850 without prejudice, in order to meet a component of the Settlement Agreement between the City and Diamond Bar Associates (DBA). He then stated that Bernie Mazur, the senior vice president of DBA, will provide a statement to the Planning Commission. Bernie Mazur, the senior vice president of DBA, 3480 Torrence Blvd. Ste. 301, Torrence, stated that his responsibility involves the oversight and supervision of the planning engineering, and construction of their properties in the back portion of the Country Estates, which include tracts 47851, 48487, and VTM 47850. He stated that, as part of the settlement agreement in reconsidering VTM 47850, there will be a joint session of the City Council and the Planning Commission to rehear VTM 47850, whereby DBA will make available its professional and technical consultants to provide information and answer questions raised by the members of the Planning Commission 30 days prior to the joint session. He reported that construction of tracts 47851 and 48487, which is contiguous to proposed VTM 47850, is currently underway. He stated that the construction of tracts 47851 & 48487, which are similar in area, density, topography, and geologic features to VTM 47851, provides a unique opportunity for the Commission to view the ground preparation, earthwork techniques, and remedial geologic measures which are being employed in the development of these properties, as well as be able to gain an impression on the size and view potential of the home sites being created as it relates to zoning, land use, and compatibility with the surrounding community. He stated, while the area has been under design for construction, the plant material, to restore the hillsides and have been growing from native seed previously gathered from the site. He then invited the Commission and City staff to take a guided tour of the construction site, either individually or as a group, to view those phases of construction that are of interest, and to ask questions of the consultants on site. He stated that this phase of the construction, which involves ground preparation, earthwork techniques, and remedial geologic measures is anticipated to be completed within 30 days. April 11, 1994 Page 13 C/Flamenbaum suggested that pertinent material relating to the proposed project be presented to the Planning Commission prior to the joint meeting, particularly since none of the Commission members are familiar with the project. Bernie Mazur stated that review of the soils and geology report, recently resubmitted to the City for review by Leighton & Associates, the City's consultants, will take approximately 60 days. He stated an additional 30 days will be required for staff to prepare conditions of approval, and recommendations to be presented to the Planning Commission and the City Council. C/Flamenbaum suggested that staff conduct a study session of the Planning Commission, prior to formal presentation of the project, to educate the Commission as to the nature of the project. CDD/DeStefano stated that staff will prepare, for the Commission within the next few working days, a summary package of information reviewing general information on all three projects regarding some of the issues, the mitigation measures, and the conditions, to be used as background information while visiting the current site under construction. He stated that staff will also prepare a complete package of all the issues pertaining to VTM 47850 to prepare the Commission for the joint public hearing in the near future. C/Fong inquired if a geologist has been on site, gathering much of the geological information, and properly mapping the geologic conditions as it is being exposed. Bernie Mazur stated that Mr. Jim Evans, a DBA geologist, Ms. St. Peters, a Leighton & Associates geologist, a supervisory soils engineer, and two engineer technicians, visit the site on a regular basis. He stated that a weekly report is prepared on their findings and submitted to the City for review. He suggested that each Commissioner visit the site to ask any questions from the engineers and geologists, and other professionals, at which time any request for geotechnical information will be provided. C/Fong requested to see some of the geological information being recorded out in the field. Bernie Mazur noted that soils testing is done and certified by Harrington Geotechnical, which also does all of the lab work for on soils samples. He explained that Leighton & Associates is responsible for overseeing any problems, and reviewing the weekly and final reports that must be submitted. 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 extensionof Interim Ordinance No. 2B (1992), on June 15, 1993, thus extending the life of the ordinance originally adopted June 21 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) 1 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. April 11, 1994 Page 16 ICA/Montgomery explained that the Code requires the removal of any open space restrictions or park dedications to be reviewed by the Planning Commission. He stated that the proposal being presented has been substantially changed from the original proposal. C/Flamenbaum inquired of the purpose of conducting a joint Public hearing. CDD/DeStefano stated that staff was directed today of the City Council's desire for a joint public hearing. He stated that staff will have further information at the next Planning Commission meeting. ICA/Montgomery stated that joint meetings of the City Council and the Planning Commission, and sometimes with other commissions, are common in many cities to handle aproject at one time with the same set of facts. He noted that the most immediate way to get a decision is to meet jointly. 8• Verbal Presentation on the Status of the Unionwide's TT 51169 CDD/DeStefano reported that the Unionwide project, which is a 20 acre, 13 unit project in The Country, should be brought before the Planning Commission May 23, 1994. He stated that a verbal presentation on its status will be given at a later date. PLANNING COMMISSION COMMENTS C/Fong requested an update regarding his suggestion of adding a supplement to the grading ordinance. CDD/DeStefano stated that staff has requested a copy of the grading ordinance from various cities, which will, upon receipt, be given to the City Engineer for review to determine if there is a need for refinement of the current tools being utilized by the City. Staff Will be presenting a report to the Planning Commission in the near future regarding the grading ordinance, as well as a report on Chair/Meyers' request regarding consideration of the City of Scottsdale's sign ordinance for possible inclusion, as appropriate, into our own sign ordinance. In response to Acting Chair/Plunk, CDD/DeStefano stated that the extension of the General Plan expires October 31, 1994. He stated that, should the Planning Commission not have the document for review by July 1994, staff would recommend that the City Council direct staff to file for another extension. Acting Chair/Plunk expressed concern that the Planning Commission may be inadvertently asked by Council Members to accept GPAC's document as presented. April 11, 1994 Page 17 ICA/Montgomery stated that a predetermination by either Planning Commissioners or Council Members is inappropriate. C/Flamenbaum, concerned that erosion continues on the slope behind the hospital project near the intersection of Grand Ave./Golden Springs, suggested that the Planning Commission may want to consider revocation of their CUP. CDD/DeStefano stated that staff will consult with the City Engineer to determine the progress of the remediation needed for the project. He stated that if it is concluded that the hospital is not responding appropriately, staff will send out a final notice and determine if a revocation discussion at the Commission level is necessary. C/Schad stressed the importance of a Tree Ordinance in the City of Diamond Bar to maintain the natural characteristics of the City. He stated that the following five trees need be preserved: the Coastal Oak; the Black Walnut; the California Sycamore; the Pepper; and the Arroyo Willow. He then inquired if a previous ruling of the City Council can cause an ordinance to be brought back without a great deal of review. ICA/Montgomery stated that any ordinance can be amended by three votes of the City Council, unless the ordinance was voter approved. ADJOURNMENT There being no further business to conduct, Acting Chair/Plunk adjourned the meeting at 10:05 p.m. Respectfully, /s/ James DeStefano James,DeStefano Secretary Attest: /s/ David -- David David Meyer Chairman 61.z.C( MZNUTEs of TRZ PLANNING COMMISSION REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 9, 1994 CALL TO ORDER Chairman Meyer called the meeting to order at 7:25 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 Commissioner Schad. ROLL CALL Present: Chairman Meyer; Vice Chairwoman Plunk; Commissioners: Flamenbaum, Schad, and Fong Mayor Werner; Mayor Pro Tem Harmony; Council Members: Papen and Ansari. Also Present: Community Development Director James DeStefano; Associate Planner Rob Seracy; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery; and City Clerk Lynda Burgess Absent: Council Member Miller due to a potential conflict of interest MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS Max Maxwell, residing at 3211 Bent Twig Lane, expressed concern that he was unable to obtain information he requested regarding the project. He also expressed concern that these joint meetings create confusion among the public regarding items that will be discussed. He then suggested that staff be directed to make a brief presentation, allowing the public more of an opportunity to speak. CONSENT CALENDAR - None OLD BUSINESS - None NEW BUSINESS - None CONTINUED PUBLIC HEARING/City Council and Planning Commission Joint Meeting Chair/Meyer explained that the City Council and the Planning Commission is conducting a joint public hearing in order to expedite the review process of the South Pointe project at the request of the Walnut Valley Unified School District (WVUSD), which is under a tight time frame in terms of funding and construction of the South Pointe Middle School. He stated that the Planning Commission had made a recommendation to the City Council last year May 9, 1994 Page 2 regarding the entitlements surrounding the South Pointe Master Plan; however, alternatives to the project have been presented to the City after that recommendation was forwarded to the City Council, which now requires review from the Planning Commission.. He then relinquished the gavel to M/Werner to continue on with the joint public hearing. 1. DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND OAR 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 explained that the joint meeting this evening is a study session of the City Council and the Planning Commission and not a public hearing due to a defective noticing process, as was explained at the last joint study session of May 3, 1994. He stated that the Planning Commission will be conducting a public hearing on this item at their regular meeting of May 23, 1994, and the City Council will be conducting their public hearings on this item beginning on May 31, 1994. He then requested the minutes of both study sessions of May 3, 1994 and May 9, 1994 be incorporated into the public hearing record as an information document on the South Pointe project. C/Flamenbaum suggested the following sixth alternative to the project for purposes of discussion: construct the RnP project and the Arciero project as proposed, to exclude the commercial and park development, and moving the road to the north half of the canyon under the Arciero property line, but on City property, utilizing the bottom half of the canyon as a City owned park or open space. He then inquired if an open space easement has been recorded on the project site. ICA/Montgomery explained that there are no open space easements but rather building restrictions called "open space dedications". MPT/Harmony suggested a seventh alternative of issuing only a grading permit for the construction of the middle school. CM/Belanger stated that staff will provide a report regarding the feasibility of alternative seven for the City Council's consideration in their deliberation. C/Flamenbaum inquired what standards are utilized in determining the benefits of removing deed restrictions on properties. May 9, 1994 Page 3 CM/Belanger stated that the Government Code section 51093 sets forth the standards in terms of the findings the City would have to make to abandon an open space easement. M/Werner noted that the response from staff, as well as the staff report, includes reference to an open space easement yet staff indicated that there isn't an open space easement but rather an open space dedication. ICA/Montgomery explained that the subdivision maps recorded for the property on Grand Avenue include open space easements. M/Werner opened the meeting and invited those wishing to speak to come forward. Christine McPeak, residing at 21131 East Lariat Court, Walnut, the vice President for the Board of Trustees for the Walnut Valley Unified School District (WVUSD), expressed support for the immediate construction of the South Pointe Middle School. Carolyn Elfelt, President of the South Pointe Community Club, expressed support for the immediate construction of the South Pointe Middle School, meeting the standards of the community. Diane Singer, residing at 20881 E. Quail Run Dr., expressed Opposition to allowing any development in Sandstone Canyon which destroys the wildlife and the natural habitat. She pointed out that Diamond Bar cannot sustain any more retail business. Max Maxwell, residing at 3211 Bent Twig, requested his statement to be placed verbatim for the public record. He requested a copy of the title search showing the property owner of the RnP property. He then requested the following documents be made of public record on the South Pointe project: the memorandum from Rutan & Tucker to the City Council dated March 1, 1994 regarding the public record issues concerning C/Miller's conflict of interest in the South Pointe Master Plan; the memorandum from ICA/Montgomery dated February 18, 1994 to Leonard Hemple; the letter dated February 1, 1994 from Markman, Arczynski, Hansen & King to ICA/Montgomery regarding correspondence of January 6, 1994; the memorandum dated January 6, 1994 from ICA/Montgomery to the City Council; a FAX dated January 5, 1994 from C/Papen to ICA/Montgomery regarding attorney/client privileges of Council Members; the letter dated September 24, 1993 to Markman, Arczynski, Hansen & King from Max Maxwell; and the request letter dated August 10, 1993 and September 91 1993 from Max Maxwell. He then requested information regarding the events that led to the sale of the Water District property to the City prior to the conception of the South Pointe Master Plan. He questioned why the Grand Avenue project is being presented at this time, particularly when there are building restrictions. He then referred to the following information which is of public May 9, 1994 Page 4 record: the letter from Jan Dabney dated October 10, 1990; the project history from October of 1990 to present; and the letter dated November 15, 1991 from Jan Dabney. He expressed Opposition to the development of either properties indicated in the alternatives of the South Pointe project, but allowing the construction of the Middle School by getting a temporary borrow permit for the Arciero property to get the dirt off of the school site. M/Werner pointed out that the "conflict of interest" indicated by Mr. Maxwell in regards to C/Miller should be reflected in the record as "alleged" conflict of interest. Barbara Beach-Courschesne stated that, in April 1994, RnP applied for an application for the development of a single family residential development on lots #1 and 061. CDD/DeStefano, utilizing the overhead, showed the parcel map that will be the subject of the Planning Commission's debate and deliberation on May 231, 1994, which merges two lots on Grand Ave. owned by RnP Development Incorporated, and a slide showing an aerial of the site. Barbara Beach-Courschesne requested that her statement be included verbatim for public record. Noting that the City may not approve discretionary land use projects if it is not consistent with the future adopted General Plan, she pointed out that GPAC, with developers voting, has already recommended to have the General Plan state that map and deed restrictions will be honored and enforced. She expressed opposition to the proposals, noting that the developers are trying to push the project through, based on WVUSD needs, before the new General Plan can hinder them. She expressed support of the construction of the Middle School, but not at the expense of the quality of life for the residents in the area and at the expense of the destruction of the Sandstone Canyon. She then read many of the responses, in the Response to Comments section of the EIR, which responded to concerns to the proposed South Pointe Middle School. She noted that there are many flaws, and a lack of completeness in the EIR, and that the negative aspects of this project far out weigh the Positive aspects. RECESS: M/Werner recessed the meeting at 9:25 p.m. RECONVENED: M/Werner reconvened the meeting at 9:47 p.m. David Capestro, residing at 1652 S. Longview, expressed Opposition to the proposed development involving parcels #1 and #61 off of Grand Avenue. Anne Flesher, residing at 20647 Larkstone Drive, expressed support of the construction of the Middle School using Alternative #1, as well as mitigating the traffic problems on May 9, 1994 Page 5 Larkstone Drive, resulting from the temporary school facilities, by providing another access road. She expressed concern with C/Schad's participation in the deliberation, considering his involvement the last few years opposing the project. Karen Capestro, residing at 1652 Longview Drive, expressed Opposition to the proposed development involving parcels #1 and 161 off of Grand Avenue. Michael Long, residing at 1648 Longview Drive, stated that he bought his property because he was told the property behind him had building restrictions. Thomas Cooper, residing at 1552 Summitridge, expressed concern with traffic circulation with the development of parcel 01 and #61 off of Grand Avenue and its effect to the surrounding neighborhoods and property values. Harish Singh, residing at 24343 Rimford Place, questioned the real benefits to developing the 72 acres off of Grand Avenue. Gordon Guber, residing at 24303 Rimford Place, stated that the Property behind his home has building restrictions and should not be developed. James Hickey, residing at 24320 Rimford Place, expressed Opposition to the proposed plan. Theresa Guber, residing at 24303 Rimford Place, expressed Opposition to the removal of building restrictions and allowing development in an area already impacted by traffic. Haji Dayala, residing at 24324 Knoll Court, stated that the real estate disclosure transfer statement indicates that lots #1 and #61 are restricted open space. He expressed opposition to the development of lots #1 and #61. Joseph Shu, residing at 1820 Derringer Lane, expressed Opposition to the development of lots #i and #61. Mike Abeyta, residing at 1656 Longview Drive, expressed Opposition to the development off of Grand Avenue; however, he stated that all the pros and cons of the entire proposal should be properly reviewed. Stephen Nice, residing on Rising Star Drive, suggested that the issue regarding map restrictions should be placed on the ballot, along with the General Plan, to determine if map restrictions should be lifted or not. George Barrett, residing at 1884 Shaded Wood Road, pointed out that the proposed development off of Grand Avenue have encouraged even more residents in the City to express their May 9, 1994 Page 6 opposition to further development in the City. He expressed opposition to the proposals. Frank Dursa, residing at 2533 Harmony Hill Drive, expressed opposition to the proposals and any development because it will destroy the City. Rochelle Abeyta, residing at 1656 Longview Drive, stated that the issues of the South Pointe project and the development of parcels #1 and #61 should be considered separately. There being no one else wishing to speak, M/Werner closed the meeting and returned the matter to the City Council and Planning Commission. M/Werner returned the meeting to Chair/Meyer. Chair/Meyer reminded the audience that the next Planning Commission public hearing is scheduled for May 23, 1994 at 7:00 p.m. ADJOURNMENT Moved by C/Flamenbaum, seconded by C/Schad and carried unanimously to adjourn the Planning Commission meeting at 10:40 p.m. Respectfully, /s/ ,Tamps DeRfefann James DeStefano Secretary Attest: /s/ David Mayer David Meyer Chairman CITY OF DIAMOND BAR NENUTES OF THE PARKS & RECREATION COMM][SSION MARCH 179 1994 CALL TO ORDER CSD/Rose called the meeting to order at 7:06 p.m. C/Ruzicka was elected to chair the meeting until the arrival of Chair/Schey PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by C/Ruzicka. ROLL CALL Present: Commissioners, Tye, Goldenberg, Medina, Ruzicka Chairman Schey arrived at 7:45 p.m. Staff: Community Services Director Bob Rose, Administrative Assistant Sandy Barlow MATTERS FROM THE AUDIENCE Oscar Law, representing the senior residents of Diamond Bar, expressed a need on behalf of the Senior Citizens to find a room big enough to, accommodate more people so that the senior residents can all gather in one location. C/Goldenberg responded that Council as well as the Commissioners are looking into a Senior Center considering many factors including transportation and centralization. Mr. Law stated that he would like the Traffic and Transportation Commission and staff to consider a bus system that would pickup and take the seniors to a centrally located facility. BUSINESS OF STUDY SESSION A. Announcement and Explanations of Study Group CSD/Rose announced that this meeting would be the third in a series of Parks & Recreation Commission Minutes of March 17, 1994 Page 1 of 1 workshops to reach a consensus on the design for Pantera Park. At the first meeting, design was discussed and the basic input process was put in place. At the second meeting a consensus was reached by workshop participants for the conceptual design labeled "Alternative B" which was given to the landscape architects, R.J.M. Design Group, Inc. The basic concept of "B" seemed to bring together program elements which mitigate the concerns of the neighborhood. Tonight's intent is to reach a consensus on an Master Plan that would then go before the Planning Commission and City Council. Bob Meuting of R.J.M. Design Group gave a brief overview of the last two workshops and began the presentation of the refinements to "Alternative B", first by showing a map of the site as presented originally and then by detailing the concerns expressed by those in attendance which included: 1. The area of the amphitheater was felt to be more appropriately used as a naturalized area of water elements oriented toward wildlife use. 2. Concerns about access driveways and access off Bowcreek. 3. Consolidation of multipurpose building and rest room/concession facility and to flip the field areas for different areas of play. 4. There was a preference to locate the tot lot away from the school area to another area. Bob Meuting then went over the consensus reached at each table for program elements to be included in the park which produced Plan B as the basic consensus. Bob Meuting reported that Alternative B-1 is now being proposed which takes all of the concerns into consideration. He noted that the tennis courts remained in the same location, and eliminated the two basketball courts and consolidated them into an area of a multipurpose hardcourt with a separate 1/2 court basketball element. Also added was a group picnic facility and a nature walk element. He noted that the field orientation of playing fields in daylight is north to north east considering safety (sun in the eyes) and lighting orientation at night. Also, the drainage or topography is to the outfield. Home runs are away from other program elements. Alternative B-2 was presented to the audience showing basically the same program elements but having a different orientation as B-1, while pulling the field and parking away from Bowcreek and nearby residential areas. B. STUDY SESSION/WORKSHOP Comment sheets were passed out to the audience. The audience members filled out the comment sheets individually and were then broken into groups for additional input and discussion. The input from the groups was shared group -by - group. A consensus was reached with regards to recommendations for the Parks & Recreation Commission Minutes of March 17, 1994 Page 1 of 2 refinement of plan B-1. C. COMNIISSIONERS COMMENTS CSD/Rose questioned R.J.M. about the time line for updating the conceptual park plans with the recommendations from this meeting. Bob Meuting responded that incorporating an informal ball field at the northern portion and adding an enlarged water element to the conceptual plans could be done by the next meeting. Chair/Schey confirmed his return as chair of the meeting at this point and then thanked Mr. Meuting for conducting the workshop. He added that he was impressed with the consensus building that was demonstrated at the meeting. He then stated that he would like to have the revised plan back by the next meeting, March 24, 1994. C/Medina expressed a concern that he did not see a consistency between members of the public. Chair/Schey stated that the B-1 plan seems to have consistent concurrence with the public. The staff and consultants agreed. C/Ruzicka responded that this meeting was productive in meeting the concerns and needs of the citizens living near the park's proximity as well as the other residents of Diamond Bar who want areas for organized sports for the youth. C/Goldenberg thanked the consultants for their efforts and that of the public. He raised a concern for safety, maintenance, and insect infestation with a large water element and the potential liability for the City. Chair/Schey indicated that something that any Consultant would have to consider before moving forward on a conceptual plan would be to address the liability issues. C/Tye wanted to know the impact a multipurpose facility of only 7000 square feet would have on the senior community. CSD/Rose responded that the Pantera Park facility would be the second facility for the City of Diamond Bar, and it is feasible that senior programs would be Parks & Recreation Commission Minutia of March 17, 1994 Page 1 of 3 available at both Heritage Park and Pantera Park. This would help to offset the need for larger facilities to provide services to the senior community. Chair/Schey said there is no way that Pantera Park will meet all of our needs. The City needs to research other facilities, as well as budget, but that Pantera Park is not the best place for a second community center. CSD/Rose commented that the funding for the senior program at Heritage Park is through CDBG, a federal grant whose cost does not affect the general fund budget of the City. The Staff is continuously looking for other grant funds and available facilities in Diamond Bar able to meet the needs of the Community. C/Goldenberg moved, and it was seconded by Joe Ruzicka to refer the recommendations from this meeting to R.J.M. Design Group for the refinement of a B-1 version plan with the appropriate exhibits and bring it back to the Commission on March 24, 1994. ADJOURNMENT The meeting was adjourned at 9:36 P.M. to the March 24, 1994, 7:00 P.M. Parks and Recreation Commission Meeting. Respectfully / G / goh Ro e Bob Rose, Secretary Attest /s/ Mike Goldenberg Mike Goldenberg, Chairman Parks & Recreation Commission Minutes of March 17, 1994 Page 1 of 4 I N T E R O F F I C E N E N O R A N D U N TO: Mayor Pro TOs larsOlAy and Council Member Ansari so� ' l►ccountinq Manager FROM: Linda G. Magnu SUBJECT: voucher Register, June 7, 1994 DATE: Nay 31, 1994 Attached is the voucher Register dated June 7, 1994. As requested, the Finance Department is submitting the oucher iegisteryfor the the Finance Committee's review and approval prior 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 June 7, 1994 has been audited approved and is recommended for payment. Payments are hereby allowed from the following funds in these amounts: RVJ • l 3 •M 001 General Fund 112 Proposition A Transit Fund 118 Air Quality Fund 125 CDBG Fund 138 LLAD 038 Fund 139 LLAD 039 Fund 141 LLAD 141 Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Li da G. MagnU#Obn Accounting Manager 4errlft-ce L. Belangely City Manager $479,814.05 1,541.82 208.81 2,133.95 17,915.90 18,236.83 1,806.70 4.141.13 $525,799.19 Eileen R. sari An Council Member IME: 09:32 05/31/94 # �if ty c Diamond BarUCHEk VO kEGISTEk WE THRU.............f;6/07/ 4 FhuE 1 R NAME vow ID. INT PROJ.TX-NO BATCH P4� Zl/NO. ENTRYIIXlE INVOICE '' -r r,. # PREPAiL' ------------------- AMOUNT '^TF ,-'h,- r:=:-- ------------------------------ G'-a== t Mirror Co A-ZiaGlass ;o. 1,) 4 40(.79 0, 01 -= - =:_/)7 04115 iii dow Repair-Syc Cyn X6.00 'y Pefresh �,t ,SLS TOTAL DUE VENDOR -------- a -21:'0 ARA 1 40607B 4060 nr 66i07 ?21 ,189 Jane uip Rent 06/07 3299 G05/27 eMtg Supplies 118.70 TOTAL DUE VENDOR--------� 149,70 Tseday Ai3erra 1 1 40647A 05/31 06/07 ParaTranFrgrm-CashFund 75.00 Oh/07/94 00u�)021556 TOTAL PREPAID 44MT ----> TOTAL DUE VENDOR -------- 75.00 Landscape Accurate 0•(<) -2210 )-1210 1 406078 140607B )` ;•, /27 06/07 :127,,5 Irrig & Repairs -Dist 38 i -`''''10 1 05/27 06/07 32756 Irrig & Repairs -Dist 39 19:.10 40607E -2<10 1 406078 05/27 06/07 32757 IrrigatnRepairs-Suutkd e 3.12.19 -2210 2 40607B +i5/27 06I07 32758 g IrrigationRepairs-PaulGrw 62.05 -2210 1 40607B 05;27 06/07 :32759 irrigationRepairs-HrtgPrk 53.39 '12.97 -2210 i 4U607B 05/27 06/07 32760 Irrigation Maint-Peterson 55bfj I 40607B 05/27 06/07 32840 Storage Clean Up-HrtgePrk 103.:?5 -5500 2 40607B 13'1577 � 05/27 06/01 32930 OS/27 O6I07 Gopher Control -Dist 38 103. 00 3.50.04 •5500 5500 1 40607B 09/1576 32330 05/27 06/07 32931 May Maint-Dist #38 3,388.84 `300 2 40607E ` 2 406078 46/1666 05/17 06/07 32931 May Maint Dist #39 GopherControjMaint-Dist.39 5,920.22 12100 2 40607E02 c 116 6 05/27 06/07 3299.3 , May Maint-PaulGrafrk 7.,0,00 5.300 2 406078 04/1666 0, _,/" 06/07 32993 05/27 51J 06/07 May Maint-Heritage a Prk IOO. 4 5�),�.) X300 4 40647B 01/1666 32993 05/27 06/07 32993 May Maint-Maple Hill Prk 00.+:rO '�'�-' 4 1 40b076 03/1666 05/27 06107 32993 07 May Maint-Peterson Prk I', 00.04 5300 10. 2 406078 03/16" 05/27 Ob;,�, , May Maint-RonReaganPrk 1,4x00 00 '300 1 40607E 2 40607E �2�7:j 05/27 06/07 3299° / May Maint-C,tarshine Prk May Maint-Summtrdge 500.00 05/27 06/07 32993 Prk 1 500.00 May Maint-SycamoreCynPrk 1,60o.00 TOTAL DUE VENDOR --------) 20,036.97 idscape Accurate 50x0 ;00 2 406078 1 406018 45/27 06/47 .33044 60FwySite-May Gen Maint 05/27 06/07 33045 Irrig Repairs-60FwySite 125.00 3Z.J8 TOTAL DUE VENDOR --------) 460.38 "** 1 t v O f D 1 3 iA Oil d Bar F RUN TIME: 09:32 05/31/94 V D UC H E R R E O I S TER PAGE XE .;SRU .............. .. u7/94 VENDOR NAME VEJ0W ID. "CC,"NIT MLI -TX -NO BATCH %— JNE/N0. ENTRY,`DUE T *PREPAID V Nt%ICE I3E3DfiI F,,., "'� AMOUNT DATE ------------------------------------------- Accurate Landscape Accurate *001-455:;-5500 3 40607B 4.7,6-55oO 4 40607E American Art China Co. AmerArt *001-4095-1.'00 3 40607B 01/1827 American Storage LTD AmerStorag *Q,01-4090-2140 2 406078 01/1771 Applied P&CH Laboratory APCL *001-4331-2210 2 40607E 01/1820 Armentrout, Phil Armentrout *001-4440-4040 1 40607B 01/1773 *1215-4215-22355 3 40607B 02/17,'3 :SSI Consultants Inc BSI *001-4095-2350 2 406076 01/i;�31 "aca =;lria 1182 1 40607A 'Delman, 20h0 B eNwj �'•".' 1-. ' �. 1.4 '• 40607B =+eltran, Ricardo P.eltranR O.1 I - =223 ? 40&07E .7 ik-,/07 12676 R1 P- hO-Gan .18i it 365.00 05/27 06!07 '_'S Rte .0-Im.gation Maint 715.50 TOTAL DUE VENDOR --------) 1,080.50 05/27 06/07 030287 DBar Logo Mugs 21.79 TOTAL DUE VENDOR --------) 21.79 05/27 0/07 June-Rent2Units-92-112C 153.00 TOTAL DUE VENDOR --------) 153.00 05/27 06/07 94-2053 EnviroAnalysis-SycCyPrk 515.00 TOTAL DUE VENDOR --------) 515.00 05/27 06/07 EmerCoordSvcs-4/25-5/20 1,036,00 05/27 06/07 Emer Svcs-CDBG 560,00 TOTAL DUE VENDOR --------) 1,596.00 05/27 06/07 91886 ProfSvcs-Coa*sltr-April 1,995.35 TOTAL OLE VENDOR --------f 1,995.35 05/27 06/07 10742 Recreation Refund 45.00 TOTAL DUE VENDOR --------) 45.00 05/27 46/07 Re!,-RonReagnInsPymnt 65.00 TOTAL DUE VENDOR --------) 65.00 05/27 06/07 Reti!nd of Impound Pee 60.00 TL'AL DUE VENDOR --------) 60.00 * City of Diamond Bar 09:32 05/31/94 VOUCHER REO1STER fMuf 3 DUE THRU.............06/07/?4 a PREPAID # f ,TAME VEI1S ID.AMOUNT DATE CHECK. PRDJ.TX-NO BATCH P14-WE/NO- ENTRY/DIE INVOICE OESCRIF'TiON ---------------- -------------------------%- -------------------------------------------------------- i, Marcia 117__,00 8 40607A ;_5/27 06/0,7 10731 'r; reatian Refund Lock & Safe BillsLock 31-2210 5 40607B 03/1725 pub/San Gabriel Vly BoysClub x`-5520 1 40.•07B an Assoc., Michael Brandman 300-1011 3 40607B 300-1011 2 406078 ts, Lynda BurgessLyn 1040-2325 1 40607B iff, Troy ButtlaffT 1 40607E CLOUT 4010-2325 1 40607A --Prt:s&RecSociety - -431+6-2315 i 406070 Jay, Cheryl 1180 -3478 6 40607A TOTAL i^LE VENDOR --------1 31�•00 05/27 06/07 42/84 Deadbolts-SycC•,n ortable 7.?.96 TOTAL DUE VENDOR -------- '- 6/07 _ (y5/27 )? April Graffiti Removal E'�'��•`0 TOTAL DUE VENDOR -------- 1:00.00 05/27 06/07 0394-0141 Prof Svcs-FER 92-03 605.39 05/27 06/07 0494-0293 Prof Svcs-FER 92-03 3,654.16 TOTAL DUE VENDOR --------? 4,2264.55 05/27 06/07 Relmb-COCA Mtg 6/1(3 25.00 TOTAL DUE `;ENDOR--------> 25.)0 1)5/27 06/07 Travel/Conf Reimb-5/19,20 64.03 TOTAL DUE VEIaDOR--------> 68.03 05/27 06/07 Member Mtg 5/26-Ansari 12.00 06/07/94 0000021555 TOTAL PREPAID AMOLNT ----? 12•0() TOTAL DUE 'VENDOR --------> 0.00 05/27 06/07 MembrOues-Hensley-FY94-95 130.00 TOTAL CLE VENDOR --------, i_t7.JU 05/27 06/07 11 0 Recreation Refund 15.00 TOTAL DUE VENDOR --------1 15.00 C;ty c Diamond Bar **Y RLN TIME: 09:32 05/31/94 V 0 U C H E R REGIO -TER PAGE DUE THRU.............06/07.134 VENDOR NAME VENDOR ID. * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. ENTRY/DUE INVOICE DE'.CRIPTiON AMOUNT DATE CHE ---------------------------------------------------------------------------------------------------------------------------------- Charles Hewitt HewittC *001-2300-1011 4 40607➢ 05.127 06/07 SEATAC Mtg 5/4-FER 92-03 100.00 TOTAL DUE VENDOR --------> 100.00 Chavers, J. Todd ChaversJT 4061-4553-4100 1 46607G Conlin Bras Sporting Good ConlinBros *001-4316-2210 2 40607C 01/1552 Cotton/Beland Assoc CotBelAsso *001-4210-4220 40607C -y il.cwskl, Lr'4 in is 11 ; ; 34, ` 40 A07A engineering Dau.JEngine ?01-4220-^201 2 40607E s 01-4220-5201 1 40607E 0. B. Chamber of Commerce DBChamber z-001-4045-2110 1 40607A D. B. Improvement Assoc. DBI#:. a s *001-42,10-4220 3 40607C David Berry BerryD *001-2 �Ocj- 111 1 40607E 05/27 06/07 Tr; & Trans Mtg 5/12 40.00 TOTAL DUE VENDOR --------} 40.00 05/27 06/07 666:3 Tennis Nets-MapleHillFrk 476,08 TOTAL DUE VENDOR --------} 476.08 ?5%27 .16!07 :3113 Prof Svcs-GPAC 3/2:3-5/1 1,476.42 TOTAL DUE VENDOR --------} 1,476.42 05/27 ?-.': i s 35 R_creaci n Refund 38.00 'OTAL DUE t'ENDCR--------} 32.00 i?51 7 06/07 94ii- u)5 Pln0hk/B1dg5vcs-PriorYear 1,557.50 05/27 06/07 94R-005 F1anChk/B1dgSvcs-May 8,653.81 TOTAL DUE VENDS; --------} 10,211.31 05/27 06/07 Prtg5vc5-EconEnhanceInfa 7,500.00 06/07/94 0000021• TOTAL PREPAID AMOUNT ----} 7,500.00 TOTAL. IUE VENDOR -------- 0.00 05/27 06/07 Gen Plan Ad -5/15 -Windmill 390.00 TOTAL DUE VENDOR --------} 390.00 05/27 06/07 SEATAC Mtg 5/9-FER 92-W3 100.00 TOTAL DUE VENDOR --------} 100.00 4** City of Diamonj Sar ;t�Y RUF<TIME: U':3205/31i`'"4 VOUCHER REG,ST DUE THFU.............06/07!94 P;GE 4 PREPAID VENDOR NAME VENDOR ID. AMOUNT GATE r_ ENTRY/DUE INVOICE DESCRIPTION - ACCOI�IT PROJ.TX-NO BATCH pg.LI1E /N0. ------------------------------''""-- -------------------------------------- Diamond Bar Business Asoc DBBusAssac 05/27 06/07 52866:'=9 '01 'i!'`0 1 4407C 40607C x0 1 -40'x-2200 1 06/07 _ 40607C JuneCommonAredMdintStei00 --•`;-f8 r'; : 0 - k:�'1"4%�'f1-LL1;J 1• 1 Yi7F�. ;)5,/27 5;2361&9 .. - 4'v607C 05'27 i 6x07 522866869 TOTAL DUE VENDOR --------% 1,063.32 Diamond Bar Business Asoc DBBusAssoc ;)5/27 06/07 dune Rent Suite 190 `,707'`0 702.00 4C!i;1-4090-2140 3 40607C JuneCammonAreaMaintSte190 �_,0 .x:;01-409[.-'�-: � 2 406U7C 05/27 06/07 TOTAL DUE VENDOR --------> 6,409.81) Dighton, Charles 118580.00 06!07 10879 Recreation Refund iFiittl-3478 14 406607A115,'27 TOTAL DUE VENDOR ------'-> 80'00 Eastman Inc. Eastman 56/1791 05/27 06/07 012399496 lies -Gen Govt 157.36 70.66 X001-4090-1200 1 40607C 55/1791 05/'.7 06/07 012?b9456 Supplies -Trans s Sup 26.82 ;ti�(tl-45ii-1100 1 40b07C 05127 06/07 012369456 Supp, *112-4553-5533 2 40607C TOTAL DUE VENDOR --------} 454.3 FZA Federal Credit Union FtACreditU *o01-2110-1009 1 406.07A =ashion Watch I c FashionWa : 1-4..95-1200 1 40607A 05/27 06/07 Payroll Deductions -PP 10 TOTAL PREPAID AM"T ---- TOTAL DUE VENDOR -------- 05/27 06/07 CityWatches-F.eimbPurchse TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR --------} Federal ExQr'ess Corp. F " 05/27 06/07 52866:'=9 '01 'i!'`0 1 4407C 40607C 05/27 06/07 522866869 ti)01- Kic-1C:10 'I _ 40607C 051 ? 06i.,, --•`;-f8 r'; : 0 - vi1(,1 is-lU1C 05/27 06/07 5;2361&9 .. - 4'v607C 05'27 i 6x07 522866869 Federal Reserve Bank FedReserve *00,-2110-1009 ; 40607E 05127 06/07 ExpressMai!3vcs-FPL 92-19 ExpressMal vcs-FFL ' -iib Expre55Mai1Svcs-FPL 92-34 axpressMaiiSvcs-FPL 94-13 Express Mai, Svcs-GenGovt TOTAL DUE VENDOR -------- Savings Bonds-PP9/10 TOTAL DUE VENDOR --------} 1,682.00 06/07/94 Din' 1,632.00 0.00 6/07194 00 913.63 0,00 141.25 100.00 100.00 City of D:am0nJ Far # ,(UN TIME. 09'-K 05,31/94 ,O U C HE R R EG. 3 T E R DUE THRU.............06/07/?4 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-IVO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTIONDA.Pk ---------------------------------- -------------------------------------------------------------------------------------- Fla,menhaum, Bruce Flamenhaum -42.0-4100 ; 4+1C7E 06/ta7 Fong, Franklin FongF 4001-4210-4100 5 40607E 05/27 06/07 Franchise Tax Board FranchiseT Iti1-Z1i0-1001 2 40607E ;)5/27 06;07 GTE GTEL ;1001-4; 90-2130 2 40607C 7, _:c Cali _. ,ia GTE 1 .,^Nfl 2'125 40 ' 17Ct_ 05/27 06/07 GTE California GTE f001-4318-2125 40607C 05/27 06/07 311E California GTE TOTAL DUE VENDOR --------> <! 1-4331-125 140607C 05/27 06/07 GTE California GTE : WithholdOrder-35130088 1001-43;1-2125 2 40607C 05/27 06/07 TE California GTE TOTAL DUE VENDOR --------> 01-404.0-4145 1 406070 05/27 06/07 GTE California GTE Phone Svcs -Heritage Prk: 4+,1,01-444u-21'415 1 406070 05/27 06/07 + 4 LL 1 .I g / ,z_; 1�0.00 TOTAL DUE VENDOR --------> 120.^0 Ping Comm Mtgs 4/11,1-L 120.00 TOTAL DUE VENDOR --------) 120.00 WithholdOrder-35130088 110.06 TOTAL DUE VENDOR --------) 110.00 Equip Rent -Ste 1,90 13'15.^0 TOTAL DUE VENDOR --------> 13.00 Phone Svcs-B1dg5Safety 251.16 TOTAL DUE VENDOR --------) 251.16 Phone Svcs -Heritage Prk: 38,75 TOTAL DUE VENDOR --------J 38.75 Phone Svcs-Sycaoore Cyn 52,66 TOTAL DILE VENDOR --------} 52.66 Phone Svcs -Sycamore Cyn 62,20 TOTAL DUE VENDOR --------} 62.20 Modum Line Services 16.64 TOTAL DUE VENDOR --------} 16.64 Einer Prep Phone Svcs 38,27 TOTAL DUE VENDOR --------} 38.L7 +tip City of Diamond Bar RL TTME,09:3205/31/94 VOUCHER REGISTER DUE THRU.............06/07/94 * + PREF VEND NAME VENDOR ID. ACCOUNT PRDJ.TX-NO BATCH PQ.LINE/NO. ENTRY/ INVOICE DESCRIPTION AMOUNT DA - ------ ----------------------------------------- - --------------------------------------------------------- GTE California GTE i?01-40' 0-2125 2 40r,07C #118-4098-2125 1 40607C Gonsalves & Son, 'oe A. Gonsalves ��O1-4010-4000 � 4z)607C 0L%:,. ?A Graffiti Control Sy=tears GrafitiCon *001-4555-5520 3 40607C 01/1781 Granqe, 'Sandra 1t9'• •001-3478 40607A Green Meadows Farms GreenMeadw *001-4350-1200 1 4o6O7A Highlarder Publications Highlander ij01-4'210-420 4 40607D duang, Chi lin 11'x0 f?01-347;_ 10 40607A 5'27 06107 Phne Install Svcs -MRF 195.00 05/27 06/07 City On Line -Phone Svcs 208 51 TOTAL WE VENDOR --------) 403.31 0= 27 06/07 Prof Legislative Svc -June 2,100.00 TOTAL DUE VENDOR --------> 2,100.00 05/27 Oh!07 db0494 April Graffit Control 1,377.00 TOTAL DUE VENDOR --------> 1,377.00 n5 L7 Ca6/07 10429 Recreation Refund 57.00 TOTAL DUE 'VENDOR --------> 57.00 `/27 06/07 Deposit-TinyTotFieldTrip 41. 1 TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- 05/227 06/07 AD3180 CE,/27 06/07 10 05/27 06/07 05/27 061107 05;27 06/07 05127 06/07 05/27 06/07 05/27 06/07 05/27 06/07 05/27 06/07 05/27 06/07 Pub Mtgs-Gen Plan TOTAL DUE VENDOR-------- Recreation Refund TOTAL DUE VENDOR -------- 40.00 06/07/94 40.00 0.00 128.14 128.14 13.00 13.00 PIR Conteib-June 350•00 'CMA Retirement Trust -457 IM x:0(;1-211::-1007 1 406070 June Cafe Contrib-CClk 1 40607D iO ,1-403'0-0090 1 40607D 001-4040-X)90 1 40607D *0111-4050-0090 1 406071) *001-4210-0090 1 40607D *001-4310-0090 1 406071)tai-4 50-0090 1 40607D X001-4510-0090 1 406071) 5'27 06107 Phne Install Svcs -MRF 195.00 05/27 06/07 City On Line -Phone Svcs 208 51 TOTAL WE VENDOR --------) 403.31 0= 27 06/07 Prof Legislative Svc -June 2,100.00 TOTAL DUE VENDOR --------> 2,100.00 05/27 Oh!07 db0494 April Graffit Control 1,377.00 TOTAL DUE VENDOR --------> 1,377.00 n5 L7 Ca6/07 10429 Recreation Refund 57.00 TOTAL DUE 'VENDOR --------> 57.00 `/27 06/07 Deposit-TinyTotFieldTrip 41. 1 TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- 05/227 06/07 AD3180 CE,/27 06/07 10 05/27 06/07 05/27 061107 05;27 06/07 05127 06/07 05/27 06/07 05/27 06/07 05/27 06/07 05/27 06/07 05/27 06/07 Pub Mtgs-Gen Plan TOTAL DUE VENDOR-------- Recreation Refund TOTAL DUE VENDOR -------- 40.00 06/07/94 40.00 0.00 128.14 128.14 13.00 13.00 PIR Conteib-June 350•00 CrtvgrCortractCantrib-June 400.00 June Cafe Cmtrib-CMgr 2,210.73 June Cafe Contrib-CClk 757.09 June Cafe Contrib-Fin 269.34 June Cafe Contrib-Ping 858.74 June Cafe Contrib-PSM 536.50 JuneCafeContrib-ComSvcs 374.93 JuneCafeContrib-Eng/PubWk 1,648.24 TOTAL DUE VEND --------) 7,405.57 t*� RUN TIME: 09:32 05/31/94 City of Di am on*� d Bar f V O UCH E R R E ^u i 5 T E R DUETHRU.............r_aF:-7 —.: VENDOR NAME VEND(1H ID. ACCOUNT PROJ.TX-NO BATCH MANX. ENTRY/DUE INVOICE r _ i:cb_RIFTiOik PR ----------------------------------------------- AMOUNT DATE image 1V Systems Inc. Isage4Sys *. 1 i� ;1-4:90-2 1 40607D 0'5/2' 40607D ,'?7 061/07 1441568 �8 p, ^ Apr-Kon.caropierMaint 108, n+} TOTAL I!UE VENDOR -------- ,77 ,- Industry, City of Cityindust %01-4230-4240 40607A 05/2,' 0/07 �- MRF/EIR Doc:-ments ^c;,+ jr) !f;/07/94 TOTAL PREPAID AMOUNT ----1 :.00.00 TOTAL ICE VENDOR --------> 0.00 Inland Valley Dly Bulletn IVDB *001-4040-2115 *:+J'_?1-4040-2115 2 40607D � 05/2-1 06/017 dc�7434 P ^ .:b Hrg-�thePteMasterPlan 167.50 *Q01-4 rj4rJ-:'.115 1 4060,D ! 40607D 05/27 06/07 dc87579 .•,� Pub Hrg-Fed Ord 2 (1990) 40.00 tj5 .c : ;� =/4'7 dcS7726 Pub Hrg-StheP,eMasterPlan b + 100.00 TOTAL DUE VEND --------} 1-07.50 -t'. 05;:7 06/07 Trfc & Trans Mtq 5/12 ,^.!)0 ^TAL DUE VEND --------` 40. 1`10 Jack'; Lock. & Key Jack'sLock r:a21-4090-2.10 3) 406017D 05/27 06/07 19228 Locks -Finance Mgr Office 143.10 TOTAL. DUE VENDOR --------} 143.10 2ohn Alden G.T. JohnAlden X001-4010-0090 1 40607D 05/27 06/07 June Cafe-Cmhr Miller 470,00 TOTAL DUE VENDOR --------; 470.00 -ordan, Joey 1192 -34/18 2 40607A � `a* 05127 06/07 10108 Recreation Refund 55,00 TOTAL DUE VENDOR --------) 55.00 Judicial Data Systems JudData9ys *001-4411-5405 1 40607D 05/27 06/07 Apr-Prkg Citations 351,00 TOTAL DUE VENDOR --------) :351.00 L.A. County -Sheriff's Dep LACSheriFf U01-4414-5401 1 40607D 05/27 06/07 22384 SpecEvent-CalChap4/24-5/4 2,549.16 TOTAL DUE VENDOR --------) :,549.16 a i oi [I i a m a n d Gar }}} RL6.TIME: 093205/31/94 VOUCHER R E 3 I S T E R DUE TuP'L' . . . . :. . ...... 0A /07194 VENDOR NAME VENDOR ID. # # ACI—'W- PR0J.TX-NO BATCH MINN. E"iTE'y/DUE INVOICE :'E3C=;IFTT_nN AM+BUNT LATE ------------------------------------------------------------------------------------------------------------------------- L.A. County -Sheriff's Dep LACSheriff }001-4411-5401 1 4CI607D L.A. County -Sheriff's Dep LACSheriff *001-4411-5401 2, 40607D L.A.Ca my Public Works LACPubWk. L.A.County Public Warks LACPubWk 06/07 22:=10 March Helicopter Svcs 373.57 TOTAL DUE VENDOR --------) :373.57 051,27 06/07 22366 April Contract Svcs 305,326.94 TOTAL DILE VENDOR --------) 305,326.94 TOTAL DUE VENDOR --------) 0.00 }001-4555-5506 1 40607D 05/27 06/07 94000011409 Signing/Striping Svcs 10.60 }001-4555-5506 2 40607D 05/27 06/07 94000011412 Signing/Striping Svcs 43.26 }001-4555-5506 3 40607D 05/27 06/07 94000011416 Signing/Striping Svcs 72.33 }001-4555-5506 4 40607D 05/27 06/07 94000011415 Signing/Striping Svcs 21.63 }001-45.55-5506 5 40607D 05/27 06/07 94000011414 Signing/Striping Svcs 46.39 }001-4555-5506 7 40607D 05/27 06/07 94000011410 Signing/Striping Svcs 13140.05 }001-4555-5506 6 40607D 05/27 06/07 9400001143 Signing/Striping Svcs 129.78 TOTAL DUE VENDOR --------) 1,464.04 L.A.County Public Works LACPubWk }001-4555-5502 1 40607D 05/27 06107 94000011417 April Read Maint 2,443.70 }()01-4555-5503 1 40607D 05/27 06/07 94000011418 April Prkwy Maint 78.04 4�?01-4555-5503 2 40607D 05!27 06/07 9400))11419 April Sidewalk 'inspection 13.56 -iOOI-4331-5300 3 40607D 05/27 06/07 94000011426 Sewer Pump-Sycmare Cyn 453.56 _ S=.c_c ?01 4,1,1,1 ,1_5(12 2 40607U r J.JJ�7 Y 16!07 :+ 0)tl 0 4'" 4_,,11 _ April ad of nru, M!a,, . 15n 20 J..-. ,1.4555-5802 3 40607p 05t27 66107Q40M011423 April Po.ad "lair( 2,178.56 1 a06o7G ��/^7 _. - ()E:�n, -. - �40n(>n11a21 Ac�,l drain Maint - 62,19 Q1 4555-5518 1 40607D 05/27 06/07 940000 11420 Storm Damage Repairs 337.18 TOTAL LE VENDOR --------) 6,724.99 L.A.County Public Works }001-4555-5506 10 40607D 05 /2 1 06/07 94000010567 Striping Marking-FEb,iMar 1x0.00 *001-4555-5506 It 40607D 05,1:7 06,107 94("0105U, Striging/Marking-March :3,640.22 x•001-4555-5506 12 40607D I)5/27 06/07 94000010565 Si;nirg/5triping-March! 73.27 0001-4555-5506 13 40607D 05/27 06i67 9400001056:3 Signing/Striping-March 79.59 .01-4555-5506 14 40EO7D 05/27 06,107 9400001056'2 Signing.iStriping-March 7,554.57 4001-4331-5300 4 40607D 15/'27 06/07 94000010576 Sewer Pump -SycamoreCyn 276.11 1061-4555-5510 3 40607D C'S 27 :-6(')7 ''4:):!x01:)`_:73 Drain lain. -Feb; March 225.44 4001-4555-5513 4 40607D 65/27 06/07 `34+)00010572 Stunt+ :,image -March 1,181.85 55 r- -45_2.,1-J5O� ? 4%';607D -� %t .6i•_, .,.:.;,�:,..:, .� »::,.:•;;:� r• ° t .pL;y;:,.g. _ - r:1-:�-to 24 X14.35 ,. *111-4555-5518 2 40607D 9400009779 Storm :n ,aye-Jul/Feb ?,151.92 TOTAL DUE UENBOR-------- ), :39,377,32 *�* City of DIdtpOn� Bar ��� RLN TIME: 09:2 05/ 1/94 V O 11 C H E R R E G I S Ti E R DUE THRU.............06/07j'�4 VENDOR NAME "` VENDOR ID. ACCOUNT PRCj!.TX-NO BATCHr t- r PO':lI1E/ND. �1 � RY;/DUE t N lO l �_ E OESCR I,-''' i ON AMOUNT i4?E -------------------------------------------------- L.A.County Public Works LACPubWk x001-4555-5507 1 40607D L.A.-County-Dist. Attorney- LACDistAtt $001-4210-4000 1 40607D >:001-4210-4001 2 40607D LA County Agriculture Cop LACAgric 1134-4539-2210 2 4060'D x139 -453? -2210 40607D LA County Registar LACRecordr *001-40'?0-4000 1 40607A Lu&E Power Engineers LG&EPower 001-4210-4240 2 40607D _andscape West LandscapeW `0101-4C55-5508 2 40607E 01/1686 1'41-4,541-5500 1 40607E 18;1575 -"e, Amy 1188 1'2 40607A Lee, iv,* 1183 xvL1i-34'Q 15 40607A Lee, Portia 11:;4 ?� ?1-347:-3 16 40647A 05/27 06/07 9401(100441 April Trffc Signal Maint 2 21'3,19 TOTAL DUE VENDOR --------) 2,203.19 05/27 06/07 Legl Svcs-PropMaintJuly93 400,60 05/27 06/07 Legl Svcs-PropMaintFeb94 100.15 TOTAL DUE VENDOR --------} 500.75 05/27 06/07 178&, March Pest Control 05/27 06/07 1943k FireBreak-Dist39�iui-Nov93 i 097&.1 TOTAL DUE VENDOR --------} 1,146.02 05/27 06/07 RecordFee-ZCA93-3Proord P 25.00 06107/94 0( TOTAL PREPAID AMOUNT ----} 25.00 TOTAL DUE VENDOR --------} 0.00 05/27 06/07 54724 Prof5vcs-EnvrAnaIysis-MRF 1,980.00 TOTAL DUE VENDOR --------} 1,900.00 05/27 06/07 13048 April Weed Abatement 4,`51.84 05/27 06/07 13215 April Maint-Dist 141 1,668.42 TOTAL DIJE VENDOR --------} 6,230.26 05/27 06/07 10851 Recreation Refund 40.00 TOTAL DUE VENDOR --------} 40.00 05/27 06/07 1133 Recreation Refund 57.00 TOTAL DUE VENDOR --------} 57.00 05/27 0616/07 10762 Recreation Refund 57.00 TOTAL U VENDOR --------} 57.00 s4� City cf Uiamund Rar #*� RLL. TIME: 09:3205%31/94 VOUCHER REGISTER f ILE THRU.............06/07/94 VENDOR NAME VENDOR ID. FREP ACC-OtiNT F'ROJ.TX-NO BATCH PO.LINE/IO. ENTRY/IdJE i"4',`OICE DESCRIPTION AMOUNT DATE ----------------------------------------------------------------------------------------------------- Leighton and Associates Leighton 4001-2300-1012 1 4C607D 05127 06/07 ,82467 Prof Svcs -EN 93-029 1,114.40 4001=2'00-1012 w 710607D 051127 06/07 32468 Prof Svcs -EN 93-009 1,498.00 4001-2J.)0-1012 40607D 05/27 06/07 82469 Prof Svcs -EN 44-051 -82.10 4001-2110-1012 2 406071) 05/27, 06/07 82470 Prof Svcs -EN 94-050 338.40 TOTAL DUE 'VENDOR --------) 3,232.90 MMASC MMASC 4001-4+.20-2315 1 40607E 05!27 06/07 MemberDues-FY94-95-Frttal 40.00 TOTAL DUE VENDOR --------) 40.00 Mahoney, Michael MahoneyM *00,1-4555-5509 1 40607E 051"2-7 06/07 Prof Svcs-TreeInspection 180.00 TOTAL DUE 4'ENDOR--------) 18.0.00 Mair, Street Tours MainStreet X112-4260-5310 2 4-0607E 06127 06/0,' 4316A Dep Excursn-Solvang 8/13 1:1 .00 #112-436+)-5310 1 4C 6,07E 05/27 06/07 4.337A Dep Excursn-SanDiego 7/2 200.00 TOTAL DUE VENDOR --------) 40.00 'fain St -Yet Tours Mai^Street 4001-4^50-5110 1 40607E 05/27 01:/07 37304 Tickets -Catalina 5/7 368.00 11 -4360-5'10 3 40607E 05/27 06/07 3730A Transp-Catalina 5/7 550.00 TOTAL DUE VENDOR -------- } 918.0 Martinez, Margarita 1131 *001-3473 3 40607A 05/27 06/07 10385 Recreation Refund 26.00 TOTAL DUE VENDOR --------) 26.0 Meyer, David 4001-4210-4100 MYWW—" 2 40607E .144,05/27 06/07 Ping Comm Mtg 4/25 6tj,ixl TOTAL DUE VENDOR --------> 60.00 lits lite Mitylite 4125-4215-1200 1 40607E 05/27 06/07 16-345 Table Delivery Svcs-Hrtg 64.95 TOTAL DUE VENDOR --------> 64.95 Mobil 4, ;1 4210-2310 Mobil 1 40607E 05/27 t6/07 k:0190761 Fuel -Plug 21.55 4001-4090-2310 2 40607E 05/27 06/07 k0191155 Fuel -Gen Govt 14.18 4(:01-40'40-2:'10 1 PWIE :x,`27 06/07 x,0191321 Fuel -Gen Govt 9,50 4001-4310-2310 1 40607E 05/27 06/07 k0191380 Fuel-Prk & Rec 18.80 *A014210-2310 2 40607E 05/27 06/07 k.0191601 Fuel -Ping 21.20 Nlational Sanitary Supply NatSanitar 4001-4_1;,-2:10 .3 408.0-E 03/1017 CB Reprographics OCBReprogr X.50-4310-6415 06.594 2 40607E 33ii637 =250-4310-6415 06594 1 40607E 32/1637 :, `iz, Tom ¢:.:.C;1 -455.;-41W , .,..•. . _.-4�1 _-4100 OrtizTom 2 40607G P1unk:L _ 40607E TOTAL DUE VENDOR --------) 1,:30.00 5;27 06,'07 97c„201 Cleaning Supplies-Hrtge HITAL DUE VENDOR --------1 1J i 05/27 06,107 800479 Prof Svcs-Pantera Prk 05/27 06/07 808921 Prof Svcs-Pantera Prk TOTAL DUE VENDOR --------) 05/27 06/07 Trfc°: Trans Mfg 5/12 TOTAL DUE 'VENDOR --------) 05/27 06/07 P'r,i C-n"n Mtg 4/11,25 TOTN DUE ',VENDOR --------) 203.94 203.94 99.13 42.00 141.13 40.00 40.00 120.00 i20.00 'omona industrial Medical PomIndMed tc 1-4v-0-2345 1 C"u,,07E `.` 7 ::6/47 PreEmpliPhyscal-Nelson 111.00 TOTAL DUE VENDOR --------) 111.00 444 Cit + Diam3nd Dar +�## RUN TIME: 09;3205/31,'94 V0JCHER REGISTER PAG. DUE IHRU .............06i`07/'i4 VENDOR NAME VENDOR ID. PREF'AI ACCOUNT PROJ.TX-NO BATCH PO.LIIE/ND. ------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE -ESCRiPTION AMOUNT DATE Mobil Mobil iCONT :NUED) -40'=-.-2110 � s 40607E 06/07 kff' 549+ Fuel -Gen Goat 14.37 TOTAL DUE VENDOR --------'t 100.10 Montgomery, Michael MMontgomer ¢001 -402'? -4020 1 40607A 05i27 06/07 Legal/Retainer Svcs -April 6,137.50 06/t17/94 0000 +001-4020-4020 2 4061.''•A C15Y27 06/07 Retire Adjs-April 733.54- 06/07/94 OOt10 TOTAL PREPAID AMOUNT ----) 5,453.96 TOTAL DUE VENDOR --------) 0.00 Myers, Elizabeth MyersE 4001-2300-1011 5 40607E 05/27 06/07 94db10 SEATAC Mtg 5/9-FER 92-3 92.00 *001-4040-4WO 1 40607E 20/1787 05/27 06/07 94db10 CC/PC Joint Mtg 5/2 207.00 4CK;1-4040-4000 2 40607E 22/1737 05/77 ;6i+7 ?4db10 CC/PC Joint Mtg 5/9 134.00 *001-4040-40000 3 40607E 24/1787 05/27 06/07 94db10 CCouncil Mtg 5/3 414.00 *001-42,10-4000 3 40507E 21/17=,7 05127 06/01 94db10 CC/PC Joint Mtg 5/2 207.00 4001-4210-4000 4 40607E 23/1787 05/27 q- /07 94db10 CC/PC Joint Mtg 5/9 134.00 *001-4210-4220 5 41607E 25/1737 05,,'27 06/07 94db10 GPAC Mtg 5/10 92.00 Nlational Sanitary Supply NatSanitar 4001-4_1;,-2:10 .3 408.0-E 03/1017 CB Reprographics OCBReprogr X.50-4310-6415 06.594 2 40607E 33ii637 =250-4310-6415 06594 1 40607E 32/1637 :, `iz, Tom ¢:.:.C;1 -455.;-41W , .,..•. . _.-4�1 _-4100 OrtizTom 2 40607G P1unk:L _ 40607E TOTAL DUE VENDOR --------) 1,:30.00 5;27 06,'07 97c„201 Cleaning Supplies-Hrtge HITAL DUE VENDOR --------1 1J i 05/27 06,107 800479 Prof Svcs-Pantera Prk 05/27 06/07 808921 Prof Svcs-Pantera Prk TOTAL DUE VENDOR --------) 05/27 06/07 Trfc°: Trans Mfg 5/12 TOTAL DUE 'VENDOR --------) 05/27 06/07 P'r,i C-n"n Mtg 4/11,25 TOTN DUE ',VENDOR --------) 203.94 203.94 99.13 42.00 141.13 40.00 40.00 120.00 i20.00 'omona industrial Medical PomIndMed tc 1-4v-0-2345 1 C"u,,07E `.` 7 ::6/47 PreEmpliPhyscal-Nelson 111.00 TOTAL DUE VENDOR --------) 111.00 +* Citi of Diamond War k RlmlTIME: 09:3205/31/94 VOUCHER REGISTER DUE THRU.............66/07/94 VENDOR NAME VEWW ID. * * Pf ACCT PROJ.TX-i0 BATCH . ENTRY/DUE INVOICE R1rT10N AMOUNT DATE ------------------------------- ------------------------------------------------------------------------------ r'c- na Judicial District PomJudDist *001-3223 1 40607E 05/27 06/07 April Prk:ing Violati^,s 57'. -0 Tel AL DUE VENDOR --------i Pomona Unified School PomVlySchl *001-4350-2140 1 40607E Pomona Vly Transportation PomonaVly *112-4360-5310 4 40607E Posner, Mary 1175 *001-3478 7 40607A PostNet and Printing PostNet *001-4090-2110 1 40601E Riverside Communications RiverComm *0011-4556-5500 6 40607F 01/1846 ubert Driver Ins Co. RobDriae -�� 01-2 311 -1004 2 40607F onKranzer&Assoc C.E. Inc RKA,- *001-4551-5223 1 40607f Rutan & Tucker RutanTuckr *0+91-4020-4020 5 40607F San Gabriel Vly Tribune SGVTribune �;-:7 vfwl:,J, .172 05/27 06/07 503 05/27 06/07 10133 05/27 06/07 Facility Use 7,^'-`-4 °.a 1 71:1. 5 /;' . TOTAL DUE VENDOR --------) 1,710.75 5thAnnvCelebShuttleSvcs TOTAL DUE VENDOR -------- Recreation Refund TOTAL DUE VENDOR --------) Supplies-Envelps/Letterhd TOTAL DUE VENDOR -------- 05/27 06/07 9430;'35 4 Rad43Z-Rte 60 pro TOTAL CUE VENDOR --------) 05/27 06/07 05/27 06/07 2294 05/31 06/07 SpEventIns-May TOTAL DUE VENDOR -------- March Engr Svcs -Tr 46485 TOTAL DUE VENDOR -------- 490.00 490.00 60.00 60.00 186.68 186.68 929.30 195.00 195.00 152.00 152.00 April Legal Svcs -BEA 1,619.59 TOTAL DUE VENDOR --------) 1,619.59 *001-4210-2115 2 40607F 05/27 06/07 08018 PC/CC Pub Hrg-ADR 94-1 79.65 *001-4040-2115 4 40607F 05/27 06/07 15292 Pub Hrg-Tract 24031 327.04 *001-4040-2115 5 40607F 05/27 06/07 17490 Pub Hrg-Ord 2(1990) 53.76 ,x;1-4040-2115 6 40607F 05/27 06/07 18348 Pub Hrg-UTTM 51407 117.76 GG1-4210-2115 1 4060'F 0' "? 06/07 2","61 PC/CC Pub Hrg-SoPteMstrPl 79.;6 # # City of Diamond B n r j k# RUN TIME: 09:3_ 05/31/`74 VOUCHER RE3I i E•.". DUE THR............... VENDOR NAME VENDOR ID. # Fp ACCOUNT PPOJ.TX-NO BATCH PO.LIIiE/NO. ------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIF'TI IN AMOUNT DATE San Gabriel Vly Tribune SGVTribune (CONTINUED) TOTAL DUE VENDOR--------} 657.57 Schad, Don SchadD !i?1-4210-4100 4 40607E 05/'27 (1161" Ping Comm Mtgs 4/11,25 120.00 TOTAL DUE VENDOR--------} 120.00 Sieck:e, Marren C. Siec!;ew X041-4551-5221 i 40607E 05127 06/07 3199-8 Traffic Engr Svcs 59.00 *001-45K,-522'2 1 40607F 05/27 06107 320:,-13 Traffic Speed Survey 4,2267. CK) }250-4520-6412 07.394 1 40007F 05/27 06./07 =201-9 Prof5vcs-GST Carpio Dr 1,3U3.33 *250-4510-6412 0,'2°?4 t 40607F 05/27 06/07 3201-9 ProfSvcs-GST GidnPrados 1,. .=:3 *250-4510-6412 07194 3 40607E 05/27 06/07 3201-9 ProfSvcs-GST Prospctrs 1,3.3.34 TOTAL DUE VENDOR---------1 8,326.00 Sigala, Maria 117 #001-3473 4 40607A 05/27 015!07 1057•^•: Recreation Refund 32.00 TOTAL DUE VENDOR--------) 32.00 Sir Speedy Sir5peedy *001-4090-2110 2 40607F 05/27 06/07 15755 Bus Cards-Ushr,Butzlf 87.00 #001-4510-1100 2 40607E :'5/27 06/07 15798 Linen Minute Paper TOTAL DUE VENDOR--------> 109.b8 :southern Ca. Edison SoCaEdison 001-4311-2126 1 40607F 05/27 061107 Elect Svcs-Paul Grow 27.77 jJ01-4316-2126 1 40607F 05/27 06/07 Elect Svcs-Maple Hill 233.39 001-4319-2126 1 40607F 05/27 06/07 Elect Svcs-Peterson 120.03 .0 -43--15-2'26 1 40607F 05/27 06/07 Elect Svcs-SumatRdge 195.20 ;:'-4331-212b 1 44607E 05/27 06/07 Elect Svcs-Sycmre Cyn 239.03 T;:TAL DUE 'VENDOR--------) 815.42 Southern Ca. Edison SoCaEdison +1:9-4539-126 1 40607E 052/ 27 06/07 Elect Svcs-C'ist 39 218.05 TOTAL DUE VENDOR --------} 218.05 oLtrern Ca. Edison SoCaEdison ,,•,: #1c'_-45'8-_,x6 `1 406�'F o5.2. X5,!07 44. "i -_!AL UE VENDOR--------) 144._;0 }*� f iamond RON TIME: 0?:32 05/31/94 Citi on V O U C H E R R E G I S T E R WE 15 DUE THRU......... ^' N7P4 VENDOR NAME outos ID. PREPAID INVOICE i :ESCRIFT:ON AMOUNT DATE `'NF` ACCOUNT PROJ.TX-NO BATCH P'�IIE/N0. ENTRY/DI,E 1 ------------------------------------------------------------------------------------------- Southern Ca. Edison SoCaEdison #141-4`41-212_ , 4C,07F scuthern Ca. Edison SoCaEdison *0-01-4555-2126 1 4' j60 7 F Southern California Cobra SoCaCobras *001-2300-1002 1 40607F Spiq Paul 1189 ¢001-3478 11 40607A Standard Insurance of Ore StandardIn #�� •i-211.-10+75 1 4r�50703 Subway 4C I--21`.-4220 �nshrara. !.area ;1-3478 S,utwy �0:;07A 1187 18 40607A 05n7 06M7 OW 06/07 05/27 0607 05%27 06/07 10637 05/27 06/07 05/27 06/07 05/27 06/07 11218 U.S. Postmaster USPostmstr y001-4+.';'0-21:0 2 40607E 05/27 06/07 Mect r + _s TOTAL DUE VENDOR --------) 135.28 Time Out Personnel Svc. Ti TOTAL DUE VENDOR -------- ) 3,070.57 �0�:1-41i-4000 5 406070 05/77 06/07 921272 *001-4040-4000 4 406070 05/27 06/07 931277 +001-4210-400t, 6 40607G 05/27 06/07 9:3,1277 U.S. Postmaster USPostmstr y001-4+.';'0-21:0 2 40607E 05/27 06/07 Mect r + 28 173 TOTAL DUE VENDOR --------) 135.28 Elect Svcs-Trffc Control ' "70.57 TOTAL DUE VENDOR -------- ) 3,070.57 Refund-Hrtge Frk Depost 100.00 TOTAL DUE VENDOR --------> 100.00 Recreation Refund 20.00 TOTAL DUE VENDOR --------> 20.00 June Life Ins Prems '391.50 TOTAL DUE VENDOR --------) 391.50 Mtg Supplies-GPACMtg 5/25 27.50 06/07/94 00000:1553 TOTAL PREPAID AMOUNT ----) 27.50 TOTAL DUE VENDOR --------? 0.00 Recreaticn Re;und 15.00 T7DTAL :SUE VENDOR --------) 15.00 TeW Svcs-F:ng,'Eeri_a: 241.43 Temp Svcs -Receptionist 109.76 Te'jp Svca-Fing!Clerical 78.30 TOTAL DUE VEND --------i 429.49 Bus ine_-Fieplymai!Rer,awal 2'0.00 70TA E :60.00 ** City of Diamond Bar* RUN TIME: 09:3205/31/94 VOUCHER REGISTER DUE THRU.............06/07/94 * * PRE VENDOR NAME VENDM ID. PTION AMOUNT DATE ACCOUNT PPW .TX -NO BATCH P011 E /NO. ENTRY/DUE INVOICEDE5CRI--------------------------------------------- ---------------------------------------------------- ------ US Sprint USSprint *00-4510-"'125 40s,,G ;. Wal^.it M Y Water Dist WVWaterDis 05/27 06/07 #001-4311-2126 406076 05.!27 06/07 *(ii?1 4316-212h 2 406076 05/27 06/07 0)1-4319-2126 2 40607G 05/27 06/07 *001-4328-2126 2 40607G 05/27 06/07 #001-4331-2126 2 406076 s-5/.27 06107 Walnut Vly Water Dist WVWaterDis *138-45,28:-212`6 2 40E:)7G Walnut Vly Water Dist WVWaterDis #1349-4539-2126 2 40607E West Coast Arborist Inc. WCArbor . -4555-5509 4 40607G 4001-4555-5509 5 406076 *001-4555-5509 3 406076 *001-4555-5509 2 406076 Oc,127 06!0? 05/27 10/07 05/27 06/07 8415 05/27 06/07 8416 05/27 06/07 8445 05/27 06/07 8482 Engr Long Dist-Phne Sv�_s TOTAL DUE VENDOR -------- Water Usage -Paul Grow Water Usage -Maple Hill Water Usage -Peterson Water Usage-Suimtrdge Water Usage-SycaK reCyn TOTAL DUE VENDOR --------; Water Svcs -Dist #,?8 TOTAL DUE VENDOR --------) Water Svcs -Dist #39 TOTAL DUE VENDOR -------- Tree Maint-Grid Area Tree Maint-4/29 EmergencY Tree Maint Street Tree Naint-5/16 TOTAL DIE VENDOR --------) Wright, Paul WrightP 2 40607G 05/27 06/07 Audio/Vis Svcs-CC/PC 5/9 *001-4090-4000 3 406076 05/27 46/07 Audio/Vis Svcs-CCMtg5r'17 *001-4090-4n.,pt) 7 406076 05/27 06/07 Audio/Vis Svcs-CC/PC 519 *001-4210-4000 TOTAL DUE VENDOR --------) YMCA YMCA 4+6076 05/27 06;'07 Reimb-CDBGAprDayCarePrg *i25-4215-2355 1 TOTAL DUE VENDOR --------) 1,285.95 1,036.80 2, -X848.10 8,465.20 13,840.'20 13,840.20 9,390.35 9,390.35 8,316.00 4,065.00 200.00 645.00 13,226.00 32.50 180.00 32.50 3345.00 1,509.00 1,509.00 TOTAL PREPAID -----------) 16,029.09 TOTAL DUE ---------------) 509,770.10 TOTAL REPORT ------------) 525,799.19 Ciy of Diamond Aar RUN TIME: 09:3205/31194 VOUCHER REGISTER FUND SUMMARY REPORT DUE THRU.............06 /07/94 DISRJM G jL CJE W 1 LL P OJT JJC 'AS POSTED Fu"uTiE I KANS FL",VD -------------------------------------------------------------------------------------------------------- TOTAL DIRECT PAY REVENUE cAPEIYSE RE`ENUE EXPENSE REVENUE 001 General Fund 479,814.05 19,307.51 1,272.00 4E 1 i 2, Prop A -Transit F 1,541.82 75,{a� 1 13=2 LLAD #33 Fund 17,915.90 139 LLAD #^R Fund 10 2'M.8° 1 12. CD8,, Fund 111-1 Air Du ty IRS 141 LLA. 41 Fund 250 C.I.P. Fund 4,141.1: ALL FUNDS `05,7.9,]" ____________ _____ _______ ____________ ____________ 10,882.51 ___1 272.09 5. CITY OF DIAMOND BAR AGENDA NO.G—b— AGENDA REPORT er, Cit Manager REPORT DATE: June 2, 1994 TO: Terrence L. Belang y MEETING DATE: June 7, 1994 James DeStefano, Community Development Director FROM: -XX: A RESOLUTION OF THE CITY COMERGE TWO EXISTING TITLE: CIL OF THE CITY 01 RESOLUTION NO. 94 VEST TO OPEN SPACI TRICTIONS, AND DIAMOND BAR DENYING PARCEp MAP N DING 3RIGHTS RES AVENUE EAST OF SHOTGUI PARCELS, TO REMOVE ACCESS EASEMENTS ON A 68 ACRE SITE, LOCATED CO �� ��F GRA� THE CITY OF DIAMOND BAP LANE AND WEST OF THE SAN BERNARD CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF- would merge Lot 1 of Tra rove a parcel map which w parcel of 68.10 acres. The applicant requests the remo� SUMMARY � The applicant has submitted a request to app royal of the applicati� 31479 and Lot 61 of Ttthhetc nstruto creating of residential buildings upon the parcels. APP of the right to restrict n space and building rights restrictions on the taff 4 upon conclusion of the public hearing, the City Council directed would require the City's ab entpoof currently held open p created parcel. On May 3 , project. prepare a resolution denyingthe p j parcel Map No. 24031 RECOMMENDATION: Adopt Resolution No. 94 -XX denying Public Hearing Notification Staff Report — Bid Specification (on file in City Clerk's Off LIST OF ATTACHMENTS:— Resolution(s) — _ Ordinances(s) _ Agreement(s) Other ETERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: X Yes _ No 1, Has the resolution, ordinance or agreement been reviewed by the City Attorney? or 415 vote? MAJORITY _ No rt require a majority X Yes X No 2. Does the repo e4 Yes 3. Has environment impact me ae n as a Commission? — 4. Has the report Yes _ No Which Commission9 the report? _ 5. Are other departments affected by affected departments: Report discussed with the following REVIEWED BY: aures DeStefano Terrence L. Bel r Frank Us er Community Development D Assistant City Manager City Manager RESOLUTION NO. 94 CITY A RESOLUTION OF THE CITY COE CIL pF NOE 1, OA DIAMOND BAR DENYING PARCREMOVE . 2403 REQUEST TO MERGE TWO EXISTING TP�I TIONS, AND OPEN ACCESS AND BUILDING RIGHTS RESRLOCATED SOUTH SPACE EASEMENTS ON A 68 ACRE SITE, WEST OF GRAND AVENUE, EAST CO COUNTY SHOTGUN LANE THE Y OF OF THE SAN BERN AND G FINDINGS IN DIAMOND BAR, CALIFORNIA AND lVIAKIN SUPPORT THEREOF. A. R i s. (i) J.C. Dabney and Associates, acting as Agent for R -n -P 4439 Rhodelia Ave.) Claremont, CA. 91711 has filed an Development, Inc., No 24031, for property located as described in the title of application for Parcel Map application is this Resolution. Hereinafter in this Resolution, the subject Parcel Map PP referred to as "application . (ii) On April 18, 1989, the City of Diamond Bar was established dui organized municipal corporation of the State of California. On said date, as a y pursuant to the requirements of the California Governm ad Code Section is Ordinance No. 14, 21 and 22, the City Council of the City of Diamond Bar adopting the Los Angeles County Code as the ordinaCounty Code contains the es Of the C ty of thereby P g Title 21 and 22 of the Los Angeles y applicable to Diamond Bar. Angeles now currently aPP Development Code of the County of Los application, within the City of Diamond development applications, including the subject Bar. 111 The Cit of Diamond Bar lacks an operative General Plan- ( ) y lication, as to consistency to the future Accordingly, action was taken on the subject aPP rovisions of an Office of Planning adopted General Plan, pursuant to the terms and p Research Extension granted Pursuant to California Government Code Section and 65361. (iv) On May 23, 1994 the Planning Commission of the City of ublic hearing on the application and concluded Diamond Bar conducted a duly noticed p its said public hearing on that date. The Planning Commission adpPc� application. No. 94-10, that date, recommending City Council dental o 1 (v) On May 31, 1994, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the app on and concluded said public hearing on that date. (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW THEgF,FORE, IT IS FOUND, DETERMINED AND OWSY THE CITY COUNCIL OF THE CITY OF DIAMOND 1, The City Council hereby specifically finds that all of the facts set A, of this Resolution are true and forth in the Recitals, Part correct. resented to the City Council 2. Based upon substantial evidence p provided at during the above public hearing and oral testimony the hearing, the City Council hereby specifically finds as follows: (a) The project relates to a site comprised of approximately 68 acres and is currently absent ° ,fie vslt F15ent and located serves as a natural drainage within the RPD -20,000-2U Zone, in the City of Diamond Bar, California; eve (b) The subject site is surrounded demand vacant underesidentialvelo 1pedrland ent to the north, south and to the east; (c) The subject site is bounded by Grand Avenue, a major roadway and by Summit -ridge Drive, and Rimford e; (d) The site is currently known as B�othlof Tract No. 31479 lot contain building and Lot 61 of Tract 42557 prescriptions restrictions and lot 61 additionally contains p for access to Grand Avenue. easements over the lots; restrictions have the impact of creating open space (e) The nature, condition, and size of the site has been considered. The site is �aland flood hze to azards te the use although the geotechnical not lend themselves to development of the site; ra (fl That the requirements of Government Code Section 51093 cannot be met, in that; (l) No public purpose described in Section 51084 will be served by abandoning the land as open -space; and (2) Abandonment is inconsistent with the purposes of this chapter; and (3) Abandonment is inconsistent with the proposed General Plan; and to avoid a substantial (4) Abandonment is not necessary, financial hardship to the landowner, due to involuntary factors unique to him. (g) That the map is not consistent with applicable goals of the contemplated General Plan; O h That the design of the subdivision andel environmentasedl improvements are likely to and avoidably injure fish or damage or substantially wildlife or their habitat; Based on substantial evidence presented to the City (i) the above referenced public hearing and Council during resented herein, the City upon the specific findings p requirement Council concludes that it cannot satisfy the req of with Government Code pace ea ement 3 and 4� regarding the abandonment of the open s 3. Based upon the findings and conclusions set forth in paragraphs 1 y lication for and 2 above, the City Council hereby d for abandonment of the Parcel Map No. 24031, and the rel rights restrictions. existing open space easements and building rig The City Clerk Shall: (a) Certify to the adoption of this Resolution; and Forthwith transmit a certified copy of this Resolution, b, (b) certified mail, to J.C. Dabney and Associates and R -n-1 Development, Inc. at the address as set forth on th application. 3 APPROVED AND ADOPTED THIS THE 7TH DAY OF JUNE, 1994, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BA Mayor BURGESS, City Clerk of the City of Diamond Bo atrthe special I, LYNDA BU asy certify sed, approved and adopted that the foregoing Resolution was p held on 7th day of meeting of the City Council of the City of Diamond Bar June, 1994, by the following vote: AYES: COUNCILMEMBERS NOES'. COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAINED: COUNCILMEMBERS Attest: City Clerk 4 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor and City Council Members FROM: Terrence L. Belanger, CityManager- via Kellee A. Fritzal, Administrative Astt SUBJECT: CITY SUPPORT OF ASSEMBLY BILL 2815 - Mandatory AIDS testing for sex offenders DATE: June 3, 1994 ISSUE STATEMENT Consideration of support of Assembly Bill 2815 - Mandatory AIDS testing for sex offenders. DISCUSSION Existing law authorizes the court to require that a defendant charged or convicted with a violation of specified sex offenses submit to a blood test for evidence of acquired immune deficiency syndrome (AIDS). Assembly Bill 2815 would add any offense where the court finds that there is probable cause to believe that blood, semen, saliva, or any other body fluid capable of transmitting human immunodeficiency virus (HIV) has been transferred from the defendant to the victim to the list of sex offenses to which this AIDS test requirement applies. This bill also requires, among other things, the prosecuting attorney or the prosecutor's victim - witness assistance bureau to refer the victim to the local health officer for counseling and would require the local health officer, upon the victim's request, to inform the victim and the offender who was tested of the results of the blood test. Because this bill adds notification and referral requirement to the duties of the local health officer and the district attorney it would impose a state -mandated program. This bill has been introduced as an urgency statute and if passed shall go into effect immediately. The bill is currently in the Senate Judiciary Committee, the hearing is scheduled for June 14, or earlier if possible. RECOMMENDATION It is recommended that a letter be prepared for the Mayor's signature in support of AB 2815. In addition, it is recommended that the City Council direct the City's lobbyist, Joe A. Gonsalves & Sons, to lobby in support of AB 2815. 06/03/94 City of Diamond Bar CA AB 2815 AUTHOR: Boland TITLE: Sex offenders: mandatory AIDS testing LOCATION: Senate Judiciary Committee Page CODE SECTIONS: An act to amend Section 1202.1 of the Penal Code, relatir sex offenders, and declaring the urgency thereof, to take effect immediately. SUMMARY: Adds to the list of sex offenses to which the AIDS test requirement applies. Requires the prosecuting attorney or prosecutor's victim -witness assistance bureau to refer the victim to a local health officer for counseling and approp] health care and support services. Requires the local healtl officer, upon the victim's request, to inform the victim ai person tested of the results. AB 2815, as amended, Boland. Sex offenders: mandatory A: testing. Existing law authorizes the court to require that a defe: charged with a violation of specified sex offenses submit blood test for evidence of antibodies to the probable caus agent of acquired immune deficiency syndrome (AIDS). Exist law requires the court to order every person convicted of certain sex offenses to submit to a blood test for AIDS. This bill would add any offense where the court finds th there is probable cause to believe that blood, semen, sali or any other body fluid capable of transmitting human immunodeficiency virus (HIV) has been transferred from the defendant to the victim to the list of sex offenses to whi this AIDS test requirement applies . This bill also would require, among other things, the prosecuting attorney or t prosecutor's victim -witness assistance bureau to refer the victim to the local health officer for counseling and woul require the local health officer, upon the victim's requeE inform the victim and the person who was tested of the res of the blood test . Because this bill would add notification and referral requirements to the duties of the local health officer anc district attorney, respectively, it would impose a state -mandated local program. The California Constitution requires the state to reimbi local agencies and school districts for certain costs man( by the state. Statutory provisions establish procedures f( making that reimbursement. This bill would provide that no reimbursement is require this act for a specified reason. This bill would declare that it is to take effect immed: as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. 06/03/94 City of Diamond Bar STATUS: 02/18/94 04/05/94 04/06/94 04/12/94 04/26/94 05/18/94 05/23/94 05/23/94 05/31/94 Page To ASSEMBLY Committee on PUBLIC SAFETY. In ASSEMBLY Committee on PUBLIC SAFETY: Not he In ASSEMBLY Committee on PUBLIC SAFETY: Heard, remains in Committee. From ASSEMBLY Committee on PUBLIC SAFETY: Do I as amended to Committee on WAYS AND MEANS. In ASSEMBLY. Read second time and amended. Re-referred to Committee on WAYS AND MEANS. From ASSEMBLY Committee on WAYS AND MEANS: Do In ASSEMBLY. Read second time. To third read: In ASSEMBLY. Read third time, urgency clause adopted. Passed ASSEMBLY. *****To SENATE. To SENATE Committee on JUDICIARY. VOTES: P 04/12/94 Assembly Public Safety Committee P 05/18/94 Assembly Ways and Means Committee P 05/23/94 Assembly Floor AGENDA nPP4nT TO: Terrence L. Belanger, City Manager MEETING DATE: June 7, 1994 REPORT DATE: May 31, FROM: George A. Wentz, Interim City Engineer TITLE: Amendment of Resolution No. 93-05 entitled "No Right Turn, p.m. -7:00 p.m., Monday -Friday on Rolling Knoll Road and Country Viei Grand Avenue" to Resolution No. 93-05A entitled "No Right Turn, 4 7:00 p.m., Monday -Friday, Except School Buses on Rolling Knoll Country View Drive at Grand Avenue". SUMMARY: The City of Diamond Bar received a request from Waln Unified School District to allow school buses which transport studei from Quail Summit Elementary School to make right turns on Rolling I and Country View Drive at Grand Avenue. This matter was disc approved by the Traffic and Transportation Commission on April 14, RECOMMENDATION: It is recommended that the City Council adop, Resolution No. 93-05A entitled "No Right Turn, 4:00 p.m. -7:00 p.m. Friday, Except School Buses on Rolling Knoll Road and Country View Grand Avenue". LIST OF ATTACHMENTS: X Staff Report Notification X Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: Public Hearing _ Bid Specification i in City Clerk's X Other: Resolution Nc Walnut Valley School Distri letter of rec SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by reviewed by the City Attorney? X Yes 2. Does the report require a majority or 4/5 vote? Majori 3. Has environmental impact been assessed? _ Yes 4. Has the report been reviewed by a Commission? X Yes Which Commission? Traffic & Transportation 5. Are other departments affected by the report? Yes Report discussed with the following affected departments: N/P REVIEWED BY: TeIrrenceA. Belanger FrankU r George A. W nt2 City Manager Assistant City Manager � Interim City Engi c=rr cvurry=s. R�rvsaz MEETING DATE: June 7, 1994 AGENDA NO. _ TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Amendment of Resolution No. 93-05 entitled "No Ri 4:00 p.m. -7:00 p.m., Monday -Friday on Rolling Knoll Country View Drive at Grand Avenue" to Resolution IS entitled "No Right Turn, 4:00 p.m. -7:00 p.m., Monda Except School Buses on Rolling Knoll Road and Cou Drive at Grand Avenue". ISSUE STATEMENT: Amendment of Resolution No. 93-05 entitled "No Right Turn, 4:00 p.m., Monday -Friday on Rolling Knoll Road and Country View Drive Avenue". RECOMMENDATION: That the City Council adopt amended Resolution No. 93-05A entitled Turn, 4:00 p.m. -7:00 p.m., Monday -Friday, Except School Buses o Knoll Road and Country View Drive at Grand Avenue". FINANCIAL SUMMARY: The proposed recommendation will require the existing signs to be at a cost of approximately $300.00. Staff has confirmed that associated with said modification will be paid by Walnut Valle School District. BACKGROUND/DISCUSSION: On February 2, 1993, the City Council adopted Resolution No. 93 restricts right -turns from Rolling Knoll Road and Country View C Grand Avenue between the hours of 4:00 p.m. and 7:00 p.m., Mo Friday. Walnut Valley Unified School District requested the modif: Resolution No. 93-05 to exempt school buses from the right -turn prc School buses which provide transportation services to Quail Summit I School utilize Rolling Knoll Road and Country View Drive di restricted hours. According to Mr. Clyde Evans, Director of Transl two to three buses will need to make right turns during the restrict Permission to make right turns is requested in order to provide transportation services to students at Quail Summit Elementary Scl The District's request was reviewed by the Traffic and Tran: Commission on April 14, 1994. Since, the Commission has not request to affect traffic circulation in the Rolling Knoll Road/Cox Drive area, the Commission recommends to the Council that Resolutic 05 be amended to exempt school buses from the right -turn restricts Additionally, staff contacted and informed one hundred forty -se property owners/residents who live on Quail Summit Drive, Rolling Ki Winterwood Lane, Shadow Crest Place, and Country View Drive that ti will be reviewed at tonight's meeting. PREPARED BY: David G. Liu,/Tseday Aberra RESOLUTION NO. 93-05A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND AMENDING RESOLUTION NO. 93-05 ESTABLISHING "NO RI TURN, 4:00 P.M. -7:00 P.M., MONDAY -FRIDAY, EXCEPT SCE BUSES" SIGNS ON ROLLING KNOLL ROAD AND COUNTRY VIEW DF AT GRAND AVENUE A. RECITALS. (i) The City Council approved Resolution No. 9 05 establishing a "NO Right Turn, 4:00 p.m. -7:00 p.m., Monday - Friday" signs on Rolling Knoll Road and Country View Drive at Grand Avenue. It is necessary to modify the "No Right Tt 4:00 p.m. -7:00 p.m., Monday -Friday" signs on Rolling Knoll Roa and Country View Drive at Grand Avenue to "No Right Turn, 4:OC p.m. -7:00 p.m., Monday -Friday, Except school Buses'l signs on Rolling Knoll Road and Country View Drive at Grand Avenue for efficient and effective traffic circulation. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMC BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Pursuant to Section 15.20.010 of the Los Angeles Cot Code, as heretofore adopted, by reference by the City Council, provides for the installation of "No Right Turn, 4:00 p.m. -7:C p.m., Monday -Friday, Except School Buses" upon approval of the C Council. The City Council hereby finds that the public healti safety, and welfare will be best protected by establishing "Nc Right Turn, 4:00 p.m. -7:00 p.m., Monday -Friday, Except School Buses" sign regulation on Rolling Knoll Road and Country View D= at Grand Avenue. 2. That the City Council of the City of Diamond Bar ame Resolution No. 93-05, by modifying the '@No Right Turn, 4:00 p. 7:00 p.m., Monday -Friday" signs to "No Right Turn, 4:00 p.m. -7 p.m., Monday -Friday, Except School Buses" signs, which is attac hereto and incorporated herein by reference. 3. This Resolution shall not become effective until the Right Turn, 4:00 p.m. -7:00 p.m., Monday -Friday, Except School Busesve signs have been installed as required in Section i of t resolution. 4. The City Council of the City of Diamond Bar hereby authorize and direct the Mayor to cause signs to be amended. PASSED, APPROVED and APPROVED this day of , 3 MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, hereby certify that the foregoing Resolution was passed, adopt and approved at a regular meeting of the City Council of the C Of Diamond Bar held on day of following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: , 1994 by the ATTEST: City Clerk, City of Diamond E Walnut Valley lin*0[44chool District r� 880 South Lemon Avenue, Walnut, California 91789 • (714) 595-1261 • Fax (714) 598-8423 • Ronald W. Hockwalt, Ed. D., Si March 28, 1994 City of Diamond Bar 21660 E. Copley Drive Suite 190 Diamond Bar, CA 91765-4177 Attention: David G. Liu, P.E. Senior Engineer Department of Public Works Dear Mr. Liu: n C It is requested that the City of Diamond Bar, Department of Public Works approve schc buses exempt signs on Grand Avenue and Rolling Knoll, exempting school buses, allow them to make right and left turns, A.M. and P.M., at Grand Avenue, Rolling Knoll Driv and Country View Drive. The Walnut Valley Unified School District has school bus routes that need to access QL Summit Elementary School by way of Grand Avenue, Rolling Knoll and Country View Drive. If you should have any further questions please do not hesitate to contact me. (909) 59 1261 Ext. 347 Sincerely, &/jW& a0066 Clyde Evans Director of Transportation CE: sg RESOLUTION NO. 93-_n5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMON ESTABLISHING "NO RIGHT TURN, 4:00 P.M. -7:00 P.M., MOl FRIDAY" SIGNS ON ROLLING KNOLL ROAD AND COUNTRY DRIVE AT GRAND AVENUE A. RECITALS (i) The Traffic and Transportation Commissior considered this matter at a public meeting on January 14, 195 (ii) At the meeting of January 14, 1993, the Tra and Transportation Commission determined that the installation the "No Right Turn, 4:00 p.m. -7:00 p.m., Monday -Friday" signs Rolling Knoll Road and Country View Drive at Grand Avenue identified in this resolution are appropriate. The Traffic and Transportation Commission recommends installation of said signs. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAM4 BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Pursuant to Section 15.20.010 of the Los Angeles Coul Code, as heretofore adopted, by reference by the City Council, provides ¢or the installation of "No Right Turn, 4:00 p.m. -7:( P.M., Monday -Friday" upon approval of the City Council. The Cj Council hereby finds that the public health, safety, and welfa will be best protected by establishing "No Right Turn, 4:00 p. 7:00 p.m., Monday-Friday"sign regulation on Rolling Knoll Road a Country View Drive at Grand Avenue. 11 2. This resolution shall not become effective until the Right Turn, 4:00 p.m. -7:00 p.m., Monday-Friday"have been post required in Section 1 of this resolution. 3• The City Council of the City of Diamond Bar hereby authorize and direct the Mayor to cause signs to be erected indicating where the sign are to be required. PASSED, APPROVED and APPROVED thisda 2nd y of Febr Hary , MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, hereby certify that the foregoing Resolution was passed, adop- and approved at a regular meeting of the City Council of the C. Of Diamond Bar held on 2nd day of February , 1993 by tho following vote: AYES: COUNCIL MEMBERS: Werner, Mayor Pro Tem Pap, NOES:Mayor-Miller COUNCIL MEMBERS: MacBride, Forbing ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST. !E�-GLJ C� Clerk,— CITY 81P INUM M DID AGENDA REPORT AGENDA: TO: Terrence L. Belanger, City Manager MEETING DATE: June 7, 1994 REPORT DATE: June 1, 1994 FROM: Bob Rose, Director of Community Services TITLE: Letter of Agreement with City of Brea to provide Recreation Services for City of Dia 1994/95 Fiscal Year. SUMMARY: The City of Brea, as a contractor, has provided recreation services in the City of for the past three years. Under terms of the existing three year contract, cost and revenue adj be made to the contract upon mutual written consent. The attached proposal from the City of for a 158 person increase in participation and a $3,100 increase in revenue, with a $6,320 decreas RECOMMENDATION: It is recommended that the City Council approve the Recreation Servic for the 1994/95 Fiscal Year, with projected expenditures of $306,653 and projected revenues of 9 authorize the Mayor to sign the letter of agreement. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City X Other: Copy of existing three yea 1. Has the resolution, ordinance or agreement been reviewed _ Yes by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes 4. Has the report been reviewed by a Commission? _ Yes Which Commission? 5. Are other departments affected by the report? _ Yes Report discussed with the following affected departments: REVIEWED BY: r T rrence L. Bel g r Frank M. Ushe City Manager Assistant City Manager e:\WP60XLINDAKAY\AGENDA-9\RECserv.BOB Bob Rose Community Ser CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 7, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Letter of Agreement with City of Brea to Provide Recreation Services for City c Bar for 1994/95 Fiscal Year ISSUE STATEMENT: The City desires to continue providing quality recreation programming for the Diamond Bar cc proposal from the City of Brea to provide recreation services for the 1994/95 Fiscal Year has 1 received, has been negotiated with Brea staff, and is prepared for City Council action. RECOMMENDATION: It is recommended that the City Council approve the recreation services agreement for the 199. Year with projected expenditures of $306,653 and projected revenues of $214,535 and authori; to sign the letter of Agreement. FINANCIAL SUMMARY: Recreation Services are budgeted from the General Fund. Total cost of services is anticipated $306,653, which is $3,224 less than in 1993/94. Expected revenue of $214,535 will result in $92,118, which is $6,324 less than in 1993/94. BACKGROUND: The City of Brea, as a contractor, has provided recreation services in the City of Diamond Bai three years. Under terms of the existing three year contract (Section B, Part 3, Letter d), cosl adjustments may be made to the contract upon mutual written consent. Attached is a proposal City of Brea to provide recreation services for the City of Diamond Bar for the 1994/95 Fisca Features of the proposal include: 1. Increase in participation of 158 participants (from 7,278 participants to 7,436 participat 2. Increase in revenue of $3,100 (from $211,435 to $214,535) 3. Decrease in total cost of $3,224 (from $309,877 to $306,653) 4. Decrease in total net cost of $6,324 (from $98,442 to $92,118) DISCUSSION: Surveys conducted of the Diamond Bar community show a high level of satisfaction with the s provided in the recreation program. The proposal for the 1994/95 Fiscal Year intends to mail level of service while saving $6,324 in net costs. PREPARED . nor -o"", ImiRity-Soervices C:\WP60\LR-TDAKAY\CCR-94\RECserv.ROB JUN 01 '94 15=26 June 1, 1994 Terry Belanger City Manager City of Diamond Bar 21660 E. Copley Dr., #100 Diamond Bar, CA 91763-4177 Re: better of Understanding for Recreation Services in 1994.95 Dear Terry: P.1 PW4t' brand fax transmittal memo 71M N of POW ALX CVLPh"t M We are now entering our third year of the three-yar agreement for the provision of Recreation Service to the City of Diamond Bar. This correspondence shall serve as the official "Letter of Undmtanding" between the City of Bra and the City of Diamond Bar for the provision of RWrudon Services in 1994-95. It is submitted per the guidelines established in the 1992-95 Agreement for services ("Agreement" herafter), and per previous meetings and discussions. Enclosed you will find the City of Brea's 1994-95 Recreation Services proposal for the May 1, 1994 -April 30, 1995, period of services. The proposal, "Exhibit A," totals $306,653, with a revenue projection of $214,535, for a net cost to Diamond Bar of $92,118. Programs and services to be provided include contract classes, youth and adult sports, community special events, and the scheduling of one-dme only reservations for parks and ballfields. Per your May 5, 1994, letter, Bra has continued to provide services after the April 30, 1994, expiration date of the 1993-94 Agreement. Per negotiations, both agencies agreed to the following: City Council Glenn G. Parker Bev Array Burnie Dunlap Carrey Nelson Kathy WI Mayor Mayor fto 7bm Cou„cilman Councilman Coundim Civic & Cultural Center - Number One Civic Center Circle - Brea, California 926x1.3756.7141990 -MM - FAX 71 JUN 01 '94 15=27 P.2 Terry Belanger Page' 2 June 1, 1994 The City of Brea area to: 1. Manage, supervise, and administer the provision of a wide variety of special interest contract classes, youth and adult sports, community events, and the scheduling of one-time only reservation "quests for parks and Wields as stated in the proposal and per the terms of the Agreement. The City of Diamond Bar agrees to: 1. Compensate the City of Brea monthly in the.amount of $25,555 upon invoice. Total compensation not to exceed the $306,653 cost for services stated in the 1994-95 proposal attached. 2. Include in their 1994-95 budget, dollars to pay for the cost of equipment and supplies for youth and adult sports programa. 3. Continue to provide maintenance staff support for programs and services as needed. 4. Compensate the City of Brea for all costs of vacation compensation time and sick leave accrued by employees in the event resignation or termination occurs during the May 1, 1994 - April 30, 1995, term of the proposal. S. Compensate the City of Brea for all "Memorandum of Understanding" salary, benefits, and increases that may occur during the term of the 1994-95 provision of services. The 'Letter of Understanding" shall operate in coWunction with the provisions of the Agreement except where inconsistent, in which event this "Letter of Understanding" shall govern. All other terms of the Agreement shall remain in affect during the term hereof. Each party to this "Letter of Understanding" acknowledges that no representation, statement, or promise by any party which is not embodied herein or in the Agreement shall be valid and/or binding. Any modification of this "Letter of Understanding" shall be effective only if it is done in writing and signed by both parties. If you find these terms to be acceptable, please cause the enclosed copy of this C RECEIVED 06/01 15:02 1994 AT 909-N6_ ,__i ia, c. t rras JUN 01 '94 15=27 P.3 Terry Belanger Page 3 June 1, 1994 *Letter of Understanding" to be executed below, whore appropriate, by you, or another authorized representative of the City of Diamond Bat, and return said copy to the undersigned. This "Latta of Understanding" dAIl -become effective as of the date it becomes idly executed by die City of Brea and the City of Diamond Bar. Thank you for your cooperation. We again look forward to providing the Diamond Bar community with another year of quality and responsive recreation programs and services. Yours truly, Glenn G. Parker Mayor City of Diamond Bar am to the foregoing tams: City of Diamond Bar T&.awWS%T Wc&r.VM Enclosure cc: Prank Benest, City Manager Ret Wixted, Director Ted Owens, Manager Date RECREATION SERVICES AGREEMENT This Agreement is made and entered into this 18t] of August, 1992, between the CITY OF DIAMOND BAR, a Municil Corporation (hereinafter referred to as "DIAMOND BAR") and CITY OF BREA, a Municipal Corporation (hereinafter referrer "BREA"). A. Recitals. (i) BREA has heretofore provided DIAMOND BAR w certain recreational services. (ii) DIAMOND BAR now desires to again retain BR perform such services, including advice and assistance to BAR, DIAMOND BAR's City Council, Parks and Recreation Comm and staff, necessary to implement a recreational program i DIAMOND BAR, for a three (3) year period. (iii) BREA represents that it is qualified to pe such services and is willing to perform such services as hereinafter set forth. NOW, THEREFORE, it is agreed by and between DIAN and BREA as follows: B. Agreement. 1. Definitions: The following definitions sha apply to the following terms, except where the context of Agreement otherwise requires: 1 13 (a) Project: The provision of recreation services described in Exhibit "A" hereto including, but not limited to, programs, policies, athletic programs, classes, attendance at Park and Recreation commission meetings as requested. (b) Services: Such services as are reasons necessary to be performed by BREA in order to implement tho Project. 2. BREA agrees as follows: (a) BREA shall forthwith undertake to impl the Project in accordance with Exhibit "A" hereto and all accordance with Federal, State and DIAMOND BAR statutes, regulations, ordinances and guidelines, all to the reasona satisfaction of DIAMOND BAR. (b) BREA shall, at BREA's sole cost and ex secure and hire such other persons as may, in the opinion BREA, be necessary to comply with the terms of this Agreem In the event any such other persons are retained by BREA, hereby warrants that such persons shall be fully qualifies perform services required hereunder. BREA further agrees subcontractors retained by BREA shall be upon -the consent DIAMOND BAR. For purposes of this Agreement, the term "subcontractor" shall not include program or class instrul sports event officials (i.e., umpires and referees), 2 3. D ON a eess fo ows: (a) To pay BREA for the performance of the services required herein a maximum sum of Twenty Two Thou One Hundred Eight-nine Dollars ($22,189.00) per month, for first twelve (12) months of the term hereof. second and third Beginning wit years of this Agreement, said sum may be adjusted upon mutual written consent revenues collected and the costs to following a review of BREA of recreational se requested. Said sum shall cover the cost Of all staff time all other direct and indirect costs or fees, including the i Of employees, consultants and subcontractors to BREA, PayME BREA, by DIAMOND BAR shall be made in accordance with the schedule set forth below. (b) Payments to BREA shall be made by DIAMON in accordance with the invoices s basis, and such invoices ubmitted by BRE shall be A, °n a Mont] paid within a reasonable t. after said invoices are received by DIAMOND BAR. A shall be in accordance with BREA,s 11 chargee Proposal either with respe to hourly rates or lump sum amounts for individual Programs. (C) Additional services: Payments for additi services requested, in writing, by DIAMOND BAR in BREA's and not incluc Proposal as set forth in Exhibit "A"• Charges for additional services shall be invoiced on a monthl b shall be paid b Y asis and Y DIAMOND BAR within a reasonable time after sa invoices are received by DIAMOND BAR. 3 (d) Any and all revenues collected by BRE; recreation program participants shall be tendered monthly DIAMOND BAR in accordance with administrative policies and procedures established by DIAMOND BAR's City Manager, Prov that BREA shall retain fifty percent (50$) of all such rev, exceeding an annual total, or "revenue goal", of One Hundr4 Seventy-two Thousand Nine Hundred Thirty-two Dollars ($172,932,00), Said revenue goal shall be effective for ti first year of this Agreement, owever, be g � hginning with the s and third Years of this Agreement, said sum may be adjusted mutual written consent, following a review of revenues coll and the costs to BREA of recreational services requested. ac ---rte 12 provide 12 ABU: (a) Information and assistance as needed to provide services identified in Exhibit "A" hereto. (b) All necessary supplies and equipment necessary to render services identified in Exhibit "A" heret (c) Copies of documents and other informatio available, which BREA considers necessary in order to comple the Project. (d) Such information as is generally availab. from DIAMOND BAR files applicable to the Project. (e) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be BREA's responsibility to make 4 initial contact with respect to the gathering of such information. 5 - Owr1Q1LW i n 21 DocUMADIs: All documents, dal studies, surveys, drawings, maps, models, photographs and prepared by BREA pursuant to this Agreement shall be consi the property of DIAMOND BAR and, upon.payment for services performed by BREA, such documents and other identified mat shall be delivered to DIAMOND BAR by BREA. BREA may, howe make and retain such copies of said documents and material BREA may desire. 6. Termination: This Agreement, or any prograi service provided hereunder, may be terminated by either pas upon the giving of a written "Notice of Termination" to the party at least ninety (90) days prior to the date of termin specified in said Notice. In the event this Agreement, or program or service provided hereunder, is so terminated, BR. shall be compensated at BREA's monthly rate as specified he: or pro -rated program or service charges, as the case may be, prorated on the basis of a thirty (30) day month. In no eve however, shall BREA receive more than the maximum specified paragraph 3(a), above, or Exhibit "A", as applicable, except otherwise provided herein. 7. and Des�te& Representatives: Any all notices, demands, invoices and written communications be the parties hereto shall be addressed as set forth in this k, paragraph 7. The below named individuals, furthermore, sk those persons primarily responsible res for the P performance by parties under this Agreement: TERRENCE BELANGER City Manager FRANK BENEST City Manager City of Diamond Bar le City of Brea 21660 E. Copley, y, Suite 1001 Number one Civic Center Diamond Bar, CA 91765 Brea, CA 92621 Any such notices, demands, invoices and written communicat: by mail, shall be deemed to have been received by the addre forty-eight (48) hours after deposit thereof in the United mail, postage prepaid and properly addressed as set forth a 8• Insu ancg: BREA shall neither commence work this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to DIAMOND B. shall BREA allow any subcontractor to commence work on a subcontract until all insurance required of the subcontracts been obtained. BREA shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers, Comtiensat�on Insuranc : Before beginning work, BREA shall furnish to DIAMOND BAR a certific of insurance as proof that it has taken out full workers, compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State o! California. 6 In accordance with the provisions of California Code Section 3700, every employer shall secure the payment compensation to his employees. BREA prior to commencing ; shall sign and file with DIAMOND BAR a certification as fc "I am aware of the provisions of Section 3700 of Code which require every employer to be insured against li for workers' compensation or to undertake self insurance i accordance with the provisions of that Code, and I will co with such provisions before commencing the performance of work of this Agreement" (b) Pum Liab; 1 ; ty fin$ 2=21rly Damage: Throughout the term of this Agreement, at BREA's sole cost expense, BREA shall keep, or cause to be kept, in full forc effect, for the mutual benefit of DIAMOND BAR and BREA, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for per injury, death, or property damage arising from BREA's activ providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one perso; for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. (c) General Znsuran a Requirements: All insurance required by express provision of this Agreement sr be carried only in responsible insurance companies licensed business in the State of California and policies required un 7 paragraphs 8.(a) and (b) shall name as additional insureds DIAMOND BAR, its elected officials, officers, employees, a and representatives. All policies shall contain language, effect that: (1) the insurer waives the right of subrogat against DIAMOND BAR and DIAMOND BAR's elected officials, Officers-, employees, agents and representatives; (2) the Policies are primary and noncontributing with any insurance may be carried by DIAMOND BAR; and (3) they cannot be cance materially changed except after thirty (30) days' notice by insurer to DIAMOND BAR by certified mail. BREA shall furni DIAMOND BAR with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. may effect for its own account insurance not required under Agreement. (d) Belf-insuran For purposes of this Agreement, the term "insurance" shall include a self-insurai program as approved by DIAMOND BAR. 9 • Indemaitig + m: (a) BREA shall defend, indemnify and save harmless DIAMOND BAR, its elected and appointed officials, Officers, agents and employees, from all liability from loss damage or injury to persons or property, including the payme: BREA of any and all legal costs and attorneys, fees, in any manner arising out of the acts and/or omissions of BREA purse 8 to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by (b) DIAMOND BAR shall defend, indemnify harmless BREA, its elected and appointed officials, offic agents and employees, from all liability from loss, damag4 injury to persons or property, including the payment by D: BAR of any and all legal costs and attorneys, fees, in an) arising out of the acts and/or omissions of DIAMOND BAR pt to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by 10' No assignment of this Agreem of any part or obligation of performance hereunder shall b either in whole or in part, by BREA without the prior writ consent of DIAMOND BAR. 11. Indebenden Contra( or: The parties hereto that BREA and its employers, officers and agents are indep4 contractors under this Agreement and shall not be construe( any purpose to be employees of DIAMOND BAR. 12. Governing LAW; This Agreement shall be govt by and construed in accordance with the laws of the State c California. 13. Attornev�Z Fees; In the event any legal proceeding is instituted to enforce any term or provision o Agreement, the prevailing party in said legal proceeding sh; 0 entitled to recover attorneys, fees and costs from the op party in an amount determined by the court to be reasonab 14. Mediation: Any dispute or controversy ari under this Agreement, or in connection with any of the te: conditions hereof, shall be referred by the parties heretc mediation. A third party, neutral mediation service shall selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hez In the event the parties are unable to mutually agree upon mediator to be selected hereunder, the DIAMOND BAR City Cc shall select such a neutral, third party mediation service said City Councils decision shall be final. The parties to utilize their good faith efforts to resolve any such di; or controversy so submitted to mediation. It is specifica: understood and agreed by the parties hereto that referral c such dispute or controversy, and mutual good faith efforts resolve the same thereby, shall be conditions precedent to institution of any action or proceeding, whether at law or equity with respect to any such dispute or controversy. 15. egg; The effective date of this Agreement be deemed to be May 1, 1992, and it shall remain in effect through and including April 30, 1995, unless sooner termina 16. ZD=X& Agreement: This Agreement supersedes and all other agreements, either oral or in writing, betweel parties with respect to the subject matter herein. Each pal 10 this Agreement acknowledges that no representation by any which is not embodied herein nor any other agreement, stat or promise not contained in this Agreement shall be valid binding. Any modification of this Agreement shall be effe only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have exec this Agreement as of the day and year first set forth abov M-.01 ATTEST: A4w4eoe City Clerk CITY OF DIAMOND V ATTEST: 41 City Clerk �. Approved as to Form /. / �/"W5.5 J C11011\D=ECAG\DB28.2A\526.23 11 DIAMOND BAR RECREATION PROPOSAL SUMMARY SHEET May 1, 1994 - August 31, 1994 18 Weeks REVENUES Contract Classes Adult Athletics Youth Athletics Grand Total Revenues EXPENDITURES Administration Mileage Benefits Contract Classes Adult Athletics Youth Athletics Contract Subtotal 22% Overhead Liability Insurance Grand Total Contract Expenditures $53,000 15,660 24,000 $92,660 $34;524 753 4,842 31,830 10,410 7,841 $90,200 19,844 4,764 $114,808 DIAMOND BAR RECREATION PROPOSAL MAY 1, 1994 - AUGUST 31, 1994 18 WEEKS I ADMINISTRATION COSTS Recreation Supervisor 630 hrs/C/$18.50 $11,655 Community Services Specialist -Contract Classes 431 hrs/E/$13.65 5,883 Community Services Specialist -Athletics 360 hrs/D/$13.31 4,792 Community Services Coordinator -Athletics Office Hours 270 hrs/C/$10.27 2,773 Administrative Clerk 11540 hrs/J/$12.94 Senior Community Services Leader 270 hrs/G/$9.01 Total Expenditures Administration H. MILEAGE Administration - 866 miles X $.29/mile Contract Classes - 866 miles X $.29/mile Athletics - 866 miles X $.29/mile Total Expenditures Mileage Full Time PERS Medicare Flex Benefits Total Expenditures Full Time Benefits Part Time Medicare Total Expenditures Part Time Benefits Subject to memorandum of understanding increase effective 7/1/94. 6,988 2,433 $34,524 $ 251 251 251 $ 753 $ 1,498 155 2,721 $ 4,374 $ 468 $ 468 Projected Contract Class Revenue - $53,000 Projected Contract Class Participation - 1,350 Participants Contract Class Instructors - $53,000 X 60% $31,800 Meeting Expenses 30 Total Expenditures Contract Classes $31,830 Adult Sports (Basketball, Volleyball and Softball) Basketball - 12 teams; 144 participants Volleyball - 8 teams; 96 participants Softball - 24 teams; 360 participants Basketball Revenue - 12 teams X $415/team= $ 4,980 Senior Leader (Supervisory Staff Person) - 11 wks X 8/hrs wk = 88 hrs 88 hrs X $8.58 hr = $ 755 Leader/Scorer - 11 wks X 7 hrs wk = 77 hrs 77 hrs X $7.34 hr = 565 Officials 59 games X 2 officials/game at $20 game 2,360 Artwork - Logo . 20 Total Expenditures Basketball $ 3,700 Coed Volleyball Revenue - 8 teams X $210 team = $1,680 Officials - 59 matches at $19/match $ 1,121 Set-up/Take-down - 11 wks X $10 wk 110 Artwork - Logo 20 Total Expenditures Coed Volleyball $ 1,251 Softball Revenue 24 teams X $375 team = $ 9,000 Senior Leader (Supervisory Staff Person)- 11 wks X 12hrs/wk = 132 hrs 132 hrs X $9.01 hr = $ 1,189 Leader - 11 wks X 10 hrs wk = 110 hrs 110 hrs X $6.99 hr = 769 96 Senior Leader - 10 hrs X $8.58 hr 86 Game Officials- 12 games/day X $20/game = $240 $240 X 11 wks = $ 2,640 Field Prep - 88 fields X $8.58 hr 755 Artwork Logo 20 Total Expenditures Softball $ 5,459 Youth Sports (Baseball - Paul C. Grow and Heritage) Paul C. Grow - 4 - 7 years/T-ball, Coach Pitch Revenue 216 players X $50 per player = $10,800 Coaches Training - 16 hrs X $6.66 $ 107 8 hrs x $8.15 65 Skills Day - 8 hrs X $6.66 53 4hrs X$8.15 33 Field Prep - 2 hrs X $6.66 X 6 wks X 5 days 400 Game Officials - 3 hrs X 5 days X 6 wks X $6.66 599 3 hrs X 4 days X 6 wks X $6.66 480 Player Draft - 4 hrs X $6.66 27 4 hrs X $8.15 33 On Site Coordinator - 3.5 hrs X 5 days X 6 wks X $8.15= 856 Total Expenditures Paul C. Grow Baseball $ 2,653 Heritage Park - 8 - 13 years Revenue 264 players X $50 per player = $13,200 Coaches Training - 16 hrs X $7.13 $ 114 Skills Day 8-11 yrs- 5 staff X 5 hrs X $8.15 hr 204 Skills Day 12-13 yrs -4 staff 2.5 hrs X $8.15 hr 82 Field Preparation- 6 hrs X 7 wks X $7.13 hr 299 Game Officials - 5 hrs X 5 days X 7 wks X $7.13 hr 1,248 5 hrs X 5 days X 7 wks X $7.13 hr 1,248 Saturday Games 10 hrs X 7 wks X $7.13 499 10 hrs X 7 wks X $7.13 499 Sign -Up Date 6 hrs X $8.15 49 On Site Coordinator - 3 hrs X 5 days X 7 wks X $9.01 hr 946 Total Expenditures Heritage Baseball $ 5,188 $90,200 % OVERHEAD $19,844 Liability Insurance covering 18 weeks $ 4,764 GRAND TOTAL CONTRACT COSTS $114,808 PROGRAM COST BREAKDOWN ADMINISTRATION RECREATION SUPERVISOR $11,655 SR. RECREATION LEADER 2,433 MILEAGE 251 BENEFITS 169 LIABILITY 4,764 OVERHEAD 22% 19,844 ADMINISTRATION TOTALS 1 $39,116 CONTRACT CLASSES COMMUNITY SERVICES SPECIALIST $ 5,883 ADMINISTRATIVE CLERK 6,988 MILEAGE 251 BENEFITS 2,497 INSTRUCTOR PAYMENTS 31,800 MEETINGS 30 CONTRACT CLASS TOTAL BUDGET $47,449 CONTRACT CLASS PROJECTED REVENUE - $53,000 ATHLETICS COMMUNITY SERVICES SPECIALIST $ 4,792 COORDINATOR 2,773 MILEAGE 251 BENEFITS 2,176 PERSONNEL ADULT ATHLETICS 4,119 PERSONNEL YOUTH ATHLETICS 7,841 CONTRACTED SUPPORT STAFF 6,231 ARTWORK 60 ATHLETICS TOTAL BUDGET $28,243 ATHLETICS PROTECTED REVENUE - $39,660 GRAND TOTAL CONTRACT COSTS $114,808 W� F! A A A A C • w yQ m m m ao m m m w n In P n H� n O n 1 N O N w r o ►•+ O M 17 A Y 6� M A p 4 tl A 1 W 1 O q q 1 + V w N 1 J • N O J • q W + J W J s o b o g W J o 0 0 • • r ►+ r ►+ r J J q q V O • V W 0 0 N J W w V q O N r O V N N Q + w V q r b u r+ J O W 1 q J ■ W � i 1 ■ M O I O O ■ • O O O ■ � ■ A 1 ■ « 1 I ■ O 1N Q�1 r J 1 W V J u i N W r V J q 1 ■ q R w I q O q b W V N W b J u O I O O ■ Qr• J I u J • q M M O N J Y N O I O O ■ ■ O r I r W V O 30 W W a V O O I O O ■ • N 1 s • O b O b O J O O O I / 1 / I ■ 1 W I rr ■ b Q N 1 r r O I MW V ■ W • 11 W r O 1 N r W W r W O • q J I w W ■ q R W W 1 b q r b N W V O r O V I / v R • 1 O I b r ■ • N W q r N W M r V W W O + I • N ■ Q • I O N YI O J i i q W r O i ■ R 1 ■ n 1 ■ I.1 W N I W W r r W J W r b W N \ n R W I Y1 V J N + q W r O b • r V r ■ II / W 1 J q b V q r W q • F+ W • N X O � W W O • J V V q b W i O I O r ■ 6 • q I W b O N V O i W. W r O + I O N ■ V I O V N O J W i W W r 0 I ■ N I 1 r 1 b r i w i r N W r WN O I W O W W r J q V W W W I q O N V W W O • W J J J I O W + O W q V N N V V V 1 V W V N b q i q O b W 1 I I 1 r 1 I q 1 r r W r N O W • W W r J q V W W W W q O N V W W O b W J J J O W • O W q V N N V V V I V W V N O q+ q O O W I I I I w I r W W W r r r g W O O 1 N q J N W • W V • N J N I W O O • + J r J N N N NI N q N M w W O N O 10 O I Rd i i M M tl M u q 0 0 M • r r W W N 1 N W W 1 q J b I Nq O 1 1 O O 1 O v O I + N r 1 q 1 J b ■ M `C b 1 b 1 V V r q Y 1 + I q b O 1 O O 1 1 r � 1 in a MVI N w .r ■ 1 p I 1 O q O N1 N 1 q O r R N + 1 V N p V I • N O II 1 n n I II � ■ N I W W r O 1 q + •••• V 1 J r I r 1 I b W I O 1 1 I q 1 O I J W N V W I •p 1 F q I r I q V V W I f WI 1 WI O I I 1 1 1 I 1! N 1 j n R •� r W 1 ■ N 1 + O I I O 1 1 O W i 1 r W M I r I O W + J 1 N I O I • O O W DIAMOND BAR RECREATION SERVICES PROPOSAL SUMMARY SHEET SEPTEMBER 1, 1994 - APRIL 30, 1995 34 WEEKS REVENUES Contract Classes Adult Athletics Youth Athletics Grand Total Revenues EXPENDITURES Administration Mileage Training/Memberships Benefits Contract Classes Adult Athletics Youth Athletics Special Events Contract Subtotal 22% Overhead Liability Insurance Grand Total Contract Expenditures $77,000 33,000 11,875 $121,875 $68,017 920 640 9,301 46,200 22,193 4,734 1,341 153,346 33,736 4,763 $191,845 DIAMOND BAR RECREATION PROPOSAL SEPTEMBER 1, 1994 - APRIL 30, 1995 I. ADMINISTRATION COSTS* Recreation Supervisor 1,190hrs/E/$19.45 $ 23,146 Community Services Specialist 816 hrs/G/$14.36 11,718 Community Services Specialist 680 hrs/F/$14.00 9,520 Community Services Coordinator -Athletics Office Hrs 510hrs/E/$10.795,503 Administrative Clerk 1,020 hrs/K/$13.27 13,535 Senior Leader 510 hrs/G/9.01 4,595 Total Expenditures Administration 68,017 *These positions subject to memorandum of understanding effective July 1, 1 iJr 11. Mileage Administration - 1,270 miles x .29/mile Contract Classes - 1270 miles x .29/mile Athletics - 634 miles x .29/mile Total Expenditures Mileage III. TRAINING/MEMBERSHIPS C.P.R.S. Memberships - 3 staff at $135 S.C.M.A.F. Memberships - 3 staff at $15 L.E.R.N Memberships - 1 staff at $110 S.C.M.A.F. Institute - 2 staff at $25 Contract Class Supervisors Meetings - 3 at $10 Total Expenditures Training/Memberships $ 368 368 184 $ 920 $ 405 45 110 50 3-0 $ 640 IV. Benefits' Full Time Positions PERS $2976 Medicare 308 Flex Benefits 5141 Total Expenditures Full Time Benefits $8425 Part Time Positions Medicare $ 7 Total Expenditures Part Time Benefits $876 *Subject to memorandum of understanding increase effective July 1, 1994. V. Contract Classes Projected Contract Class Revenue - $77,000 Projected Participants - 2,950 Contract Class Instructors - $77,000 x 60% $ 46,200 Total Expenditures Contract Classes $ 46,200 VI. Adult Athletics Basketball - 24 teams, 288 participants Volleyball - 24 teams, 288 participants Softball - 48 teams, 720 participants Basketball Revenue - 24 teams x $415/team = $9,960 Senior Leader (Supervisory Staff Person) 22 wks x 8 hrs/wk =176 hrs 176 hrs x $8.58 $ 1,510 Leader/Scorer - 22 wks x 7 hrs/wk = 154 hrs 1,150 154 hrs x $7.47 Officials - 139 games x 2 officials at 520/game 5,560 Artwork -Logo 4C Total Expenditures Basketball $ 8,26C Volleyball Revenue - 24 teams x $210/team = $5,040 Officials - 117 matches at $19/match $ 2,223 220 Set-up/Take-down 22 weeks at $10/week $ 245 1,223 On Site Coordinator/Official x 22 wks x 1 official x $19/match 418 Artwork -Logo 40 Total Expenditures Volleyball $ 2,901 Softball Revenue - 48 teams x $375/team = $18,000 522 Senior Leader (Supervisory Staff Person) 22 weeks x 12 hrs/wk = $ 2,379 264 hrs. x $9.01 hr AM Leader - 22 weeks x 10 hrs/wk = 220 hrs 1,566 220 hrs x $7.12 hr 257 Senior Leader - 30 hrs x $8.58 Game Officials - 12 games at $20/game = $240 5,280 $240 x 22 weeks = 1,510 Field Prep - 176 fields at $8.58 each 40 Artwork -Logo Total Expenditures Softball $ 11,032 Total Expenditures Adult Athletics - $22,193 VII. Youth Athletics Youth Basketball - 160 players, 16 teams Track and Field - 600 participants Youth Basketball - 4 years - 3rd Grade Revenue 160 Players at $50 = $8,000 Sign-ups - 2. staff at $8.15 x 15 hrs $ 245 1,223 Practice - 10 wks x 3 days/week x 5 hrs/week x $8.15 82 Coaches Training - 10 hrs x $8.15 130 Skills Day - 2 Staff x $8.15/hr x 8 hrs 245 Court Set-up/Take-down - 10 wksx 3 hrs/wk x $8.15 hr 522 Official - 8 wks x 8 games/wk x $8.15 34E Official - 8 wks x 8 games/wk x $5.43 AM Scorer - 8wks x 8 games/wk x $7.12 Total Expenditures Youth Basketball $ 3,25' Youth Track and Field Meet Revenue 600 participants x $5 (City Meet) - $3,000 S.G.V.M.A.A. Meet 350 participants x $2.50 -$875 5 staff at 10 hours x $8.15 hr 10 staff at 10 hours x $7.12 hr Starter Announcer S.G.V.M.A.A. Meet 2 staff at $8.15 x 10 hrs Total Expenditures Youth Track and Field Total Expenditures Youth Athletics - $4,734 VIII. Special Events City Sixth Anniversary Celebration 3 staff x 11 hours x $7.12 hr 3 staff x 11 hours x $8.15 hr 1 staff x 11 hours x $19.45 hr Total Expenditures City Sixth Anniversary Celebration Ranch Festival Weekend 28 hours x 1 staff x $7.12 28 hours x 1 staff x $8.15 10 hours x 1 staff x $19.45 Total Expenditures Ranch Festival Weekend Total Expenditures Special Events $1,340 IX. Liability Insurance Liability Insurance covering 34 weeks Total Expenditures Libility Insurance GRAND TOTAL CONTRACT COSTS $ 408 712 100 100 163 $ 1,483 $ 235 269 14 $ 718 $ 200 228 195 $ 623 4,763 $ 4,763 $ 191,845 PROGRAM COST BREAKDOWN ADMINISTRATION Recreation Supervisor Senior Recreation Leader Mileage Training/Memberships Benefits Liability Overhead 22% Administration Total Budget CONTRACT CLASSES Community Services Specialist Administrative Clerk Mileage Training and Memberships Benefits Instructor Payments Contract Class Total Budget Contract Class Projected Revenue $77,000 ATHLETICS Community Services Specialist Coordinator Mileage Training/Memberships Benefits Personnel Adult Athletics Personnel Youth Athletics Contracted Support Staff Artwork Athletics Total Budget Athletics Projected Revenue $44,875 SPECIAL EVENTS Part Time Staff Costs Special Events Total Budget GRAND TOTAL CONTRACT COSTS $ 23,146 4,595 368 150 876 4,763 33736 67,634 $ 11,718 13,535 368 275 4213 46,200 76309 $ 9,520 5,503 184 215 4212 8,372 4,534 13,901 120 46561 1.34 $ 1,340 $ 191,845 DIAMOND BAR RECREATION SERVICES PROPOSAL SUMMARY SHEET MAY 1, 1995 - JUNE 30, 1995 9 WEEKS REVENUES Contract Classes Adult Athletics Youth Athletics Grand Total Revenues EXPENDITURES Administration Mileage Benefits Contract Classes Adult Athletics Youth Athletics Contract Subtotal 22% Overhead Liability Insurance Grand Total Contract Expenditures $ 3,250 24,640 24.000 $ 51,890 $18,705 279 2,479 1,950 10,633 771 34,817 7,659 1.58E 44,064 DIAMOND BAR RECREATION PROPOSAL MAY 1, 1995 - JUNE 30, 1995 I. ADMINISTRATION COSTS* Recreation Supervisor 351 hrs/E/$19.45 $ 6,827 Community Services Specialist 216hrs/G/$14.36 3,102 Community Services Specialist 180hrs/F/$14.00 2,520 Community Services Coordinator -Office Hrs 135hrs/E/$10.79 1,457 Administrative Clerk 270 hrs/K/$13.27 3,583 Senior Leader 135 hrs/G/9.01 1.21 Total Expenditures Administration $18,705 *These positions subject to memorandum of understanding effective July 1, Mileage Administration - 356 miles x .29/mile Contract Classes - 356 miles x .29/mile Athletics - 250 miles x .29/mile Total Expenditures Mileage 111. Benefits* Full Time Positions PERS Medicare Flex Benefits Total Expenditures Full Time Benefits $ 102 102 7- $ 27c $78E 8: 1.36C $ 2,23( Part Time Positions Medicare 24� Total Expenditures Part Time Benefits $ 24`. *Subject to memorandum of understanding increase effective July 1, 1994. IV. Contract Classes Projected Contract Class Revenue - $3,250 Contract Class Instructors - $3,250 x 60% Total Expenditures Contract Classes VI. Adult Athletics Basketball - 12 teams, 144 participants Volleyball - 8 teams, 96 participants Softball - 24 teams, 360 participants Basketball Revenue - 12 teams x $415/team = $4,980 $ 1,950 Senior Leader (Supervisory Staff Person) 11 wks x 8 hrs/wk = 88 hrs 88 hrs x $8.58 $ 755 Leader/Scorer - 11 wks x 7 hrs/wk = 77 hrs 77 hrs x $7.47 565 Officials - 59 games x 2 officials at $20/game 2,360 Artwork -Logo 2C Total Expenditures Basketball $ 3,70C Volleyball Revenue - 8 teams x $210/team = $1,680 Officials - 59 matches at $19/match $ 1,121 Set-up/Take-down 11 weeks at $10/week 11C On Site Coordinator/Official x 11 wks x 1 official x $19/match 20S Artwork -Logo 2C Total Expenditures Volleyball $ 1,46C Softball Revenue - 24 teams x $375/team = $9,000 Senior Leader (Supervisory Staff Person) 11 weeks x 12 hrs/wk= 132 hrs. x $9.01 hr $ 1,18 Leader - 11 weeks x 10 hrs/wk =110 hrs 110 hrs x $7.12 hr 78: Senior Leader - 10 hrs x $8.58 8E Game Officials - 12 games at $20/game = $240 $240 x 11 weeks = 2,64( Field Prep - 88 fields at $8.58 each Artwork -Logo Total Expenditures Softball Total Expenditures Adult Athletics $10,633 VII. Youth Athletics (Baseball - Paul C. Grow and Heritage) Paul C. Grow 4 - 7 years/ T -ball, Coach Pitch Revenue 216 Players at $50 = $10,800 Coaches Training - 16 hrs x $6.78 8hrs x$8.15 Skills Day - 8 hrs x $6.78 4hrs x$8.15 Player Draft - 4 hrs x $6.78 4hrs x$8.15 Total Expenditures Youth Baseball Heritage Park - 8 - 13 years Revenue 264 players x $50 per player = $13,200 Coaches Training - 16 hrs x $7.26 Skills Day - 8-11 yrs - 5 staff x 5 hrs x $8.15 hr Skills Day - 12-13 yrs - 4 staff x 2.5 hrs x $8.15 hr Sign-up Date - 6 hrs x $8.15 Total Expenditures Heritage Park Baseball Total Expenditures Youth Athletics $771 X. Liability Insurance Liability Insurance covering 9 weeks Total Expenditures Libility Insurance 755 20 $ 5,473 S 108 65 54 33 27 U $ 320 $ 11E 204 K 4C $ 451 $ 1.58E $ 1,58E GRAND TOTAL CONTRACT COSTS $ 44,06-1 PROGRAM COST BREAKDOWN ADMINISTRATION S 6,827 Recreation Supervisor 1, 216 Senior Recreation Leader 103 103 Mileage 249 Benefits 1'588 Liability 771 Overhead 22%� 6,440 Administration Total Budget 17,642 CONTRACT CLASSES $ 3,102 Community Services Specialist 3,583 Administrative Clerk 103 Mileage 1,115 Benefits A „e„ Instructor Payments -' Contract Class Total Budget 9,853 Contract Class Projected Revenue $ 3,250 ATHLETICS $ 2,520 Community Services Specialist 1,457 Coordinator 73 Mileage 1,115 Benefits 4,133 Personnel Adult Athletics 771 Personnel Youth Athletics 6,440 Contracted Support Staff 6C Artwork Athletics Total Budget 16,56c- 6,56°Athletics AthleticsProjected Revenue $48,640 GRAND TOTAL CONTRACT COSTS $ 44,06 CITY OF DIAMOND D kD AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: June 7, 1994 FROM: Bob Rose, Director of Community Services REPORT DATE: June 1, 1994 TITLE: A resolution of the City Council of the City of Diamond Bar approving Plans an City-wide Street Tree Maintenance in said city and authorizing and directing thCit d spy receive bids. y Clerk SUMMARY: The City of Diamond Bar is about to complete its second one- ear contractor to provide city-wide street tree maintenance. co tr Service has been excellent and staff continuing the use of private contractors to provide this service. The attached specifications ar contract, but use the City of Diamond Bar the option to renew the contract on an annual e i ba; additional years. COMMENDATION: It is recommended that the Ci Council and specifications for city-wide street tree maintenance and o direct City Clerk ooadve a e fo the bids. mise fo. LIST OF ATTACHMENTS: X Staff Report X ResolutionPublic Hearing Notification _ Ordinances(ss) X Bid Specifications (on file in City Cl Other: X Agreement(s) — EXTERNAL DISTRIBUTION: SUBMITTAL CCKI-IST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney?_ Yes x 2. Does the report r _ 3 • Has environmental impact majority �? vote? Majority 4. Has the report been reviewed by a Commission? _ Yes X Which Commission? _ Yes X 5. Are other departments affected by the report? Report discussed with the following affected departments: Yes X l REVIEWED BY: i errpnce L. F City Manager Frank M. Usher—'-'� Assistant City Manager c:'WP60\L ND AKAY4\OENDA-9\traMAiN.BOB _4a� Bob Rose Community Services CITY COUNCIL REPORT AGENDA NO MEETING DATE: June 7, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, g City Manager SUBJECT: City-wide Street Tree Maintenance ISSUE STATEMENT: Shall the City of Diamond Bar wide street tree maintenance provide this service? RECOMMENDATION: take the attached specifications fo: out to bid to secure a private contri It is recommended that the City Council adopt Resolution No. XX a the plans and specifications for cit Y -wide street tree maintenance direct the Cit y Clerk to advertise for and receive bids. FINANCIAL SUMMARY: The City Council has a Year for Cit strppreet t r ma $100,000 in the current 1993-94 ] y -wide street tree maintenance. yet been determined. Therefore, the attachedT specifications he budget for lhave 9I flexible so that tree maintenance work can be scheduled to stay 1994/95 budget appropriation. The budget for street tree main the General Fund. wit tenar. BACKGROUND: The City of Diamond Bar is about to complete its second Year of Cit• street tree maintenance by a private tree maintenance firm. Over t] two years, over 3000 trees were trimmed. The tree maintenance Prog� provides service under a two pronged approach. (1) (2) Routine maintenance is scheduled every five City of Diamond Bar's 11,000 street trees. As -needed work is completed on an emergency health and safety needs are at issue. DISCUSSION: Years for eact basis, when pu The contract for each of the past two for a single year of service. Years of street tree maintenan� The specifications this changed to allow the cit basis, for u Y the option of renewingYear have abeei n4 p to five additional the contract on an years. The new specifications also more flexibility in scheduling routine tree trimming. PREPARED BY: B Ros Director of rn,n '�uriitV S"rV1ePe C: \WP60\LINDAKAY\CCR-94\t"IMAIN•BOB RESOLUTION NO. 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PLANS AND SPECIFICATIONS FOR CITYWIDE SAID CITY AND AUTHORIZING AND DIRECTING THE CITREETY TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain c, improvements in the City of Diamond Bar `'WHEREAS, the City of Diamond Bar has prepared plans and specificati4 maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DI BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER, FOLLOWS; SECTION 1. That the plans and specifications presented to the City of Di be and are hereby approved as the plans and specifications for Citywide Street Tree Mainten, SECTION 2. That the City Clerk is hereby authorized and directed to adv, required by law for the receipt of sealed bids or proposals for doing of the work specified in t Plans and specifications, which said advertisement shall be substantially in the following work to wit: "NOTICE. INVTrrnT^ cs � LED BmS OR PROPOS Pursuant to a Resolution of the City Council of the City of Diamond Bar, Li County, California, directing this notice, NOTICE IS HEREBy GIVEN that the said City of will receive at the office of the City Clerk in the City Hall of the City of Diamond Bar, o or b� hour of 11:00 o'clock A.M. on Tuesday, June 28, 1994, sealed bids or proposals for Citywide Maintenance in said City. tyw, Bids will be opened and publicly read immediately in the office of the City Cl 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City Diamond Bar, California, marked, "Bid for Citywide Street Tree Maintenance". PREVAILING WAGE: Notice is hereby given that in accordance with the I Of California Labor Code, Division 2, Part 7, Chapter 1 not less than the general prevailing he Contractor is requ rate of per diem wages fort work of a stimilar character in the which the public work is performed, and not less than the general prevailing rate of per diem he holiday and overtime work. In that regard, the Director of the Department of Industrial Relatiwzk on State of California is required to and has determined such general prevailing rates of per diem the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive California, and are available to any interested P e3' nve a copy of such determinationsPly upon request. The Contracting Agency to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as pei of Diamond Bar, not more than fifiy ($50.00) for each laborer, workman, calendar day or portion thereof; if such laborer, workman,or mechanic emp: Prevailing rate of wages hereinbefore stipulated for any work done under the less than the by any subcontractor under him, in violation of the provisions of said Labor Code.hed contr In accordance with the provisions of Section 1777.5 of the Labor Code Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Appy Council, properly indentured apprentices may be employed in the prosecution of t as he work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the concerning the employment of apprentices by the Contractor or any subcontractor under him Section 1777.5 as amended, requires the Contractor of subcontractor emPl tradesmen in any apprenticeable occupation to apply the joint apprenticeship committee nBare the public works project and which administers the apprenticeship program in that trad approval. The certificate will also fix the rat of the contract. o of apprentices to 'ourne a for a The ratio of apprentices a 'ymen that will be used i to five except: journeymen eymen in such cases shall not be A. When unemployment in the area of coverage by the joint apprenticeship has exceeded an average of 15 percent in the 90 days prior to the reque; certificate; or B. When the number of apprentices in training in the area exceeds a ratio of or C• When the trade can show that it is replacing at least 1/30 of its members apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered appre all of his contracts on an annual average of not less than one apprentice tc ,journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or 'ou apprenticeable trade on such contracts and if other Contractors on the public works site aree en in contributions. maki The Contractor and subcontractor under him shall comply with the requ, Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and oth may be obtained from the Director of Industrial Relations, ex -officio the Administrator of � San Francisco, California, or from the Division of Apprenticeship Standards and its bran ch Eight (8) hours of labor shall constitute a legal day's work for all workme the execution ofthis contract and t be governed by the laws of the the Contractor and any subcontractor under him sng hours hall State of California having to do with workias con 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. fc The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twee ($25.00) for elaborer, workman, or mechanic employed in the execution of the contr subcontractor under him, ach upon any of the work hereinbefore mentioned, to labor more than eientioned, for each calend violation of said Labor Code. ct which said laborer, workman, or mechanic is required or Permitted d� eight Contractor agrees to pay travel and subsistence pay to each workman need the work required by this Contract as such travel and subsistence payments are defined in the collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified ch bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 amount of said bid as a f awarded to Santee that the bidder will enter into the proposed contractpercent the sa hun, and in event of failure to enter into such contract said cash, cashier's check o; check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, th4 the lowest bidder's security shall be applied by the City of Diamond Bar to the difference bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest betwe bidder. The amount of the bond to be given to secure a faithful performance of the cc said work shall be one hundred percent (100%) of the contract price thereof and an additional amount equal to fifty percent (50%) of the contract price for said work shall be given d tis oral l Payment of claims for any materials or supplies furnished for the performance of the work contr, done by the Contractor, or any work or labor of any kind done thereon, and the Contractor required to furnish a certificate that he carries compensation insurance covering his employees will to c done under contract which may be entered into between him and the said Ci of Di the construction of said work. P ogees u� City Diamond No proposal will be considered from a Contractor who is not licensed as a Cla; C-61 Contractor at the time of award in accordance with the provisions of the Contrac (California Business and Professions Code, Section 7000 et s toes Licen Pursuant thereto or to whom a proposal form has not been issued by theCityof Divamaond Bar�ptl The work is to be done in accordance with the profiles, plans, and specil City of Diamond Bar on file in the office of the City Clerk at Copies of the plans the City Hall, Diamond B and specifications will be furnished upon application to the Ci of Payment of $5.00, said $5.00 is non-refundable. �' Dia] when said request Upon written request by the bidder, copies of the plans and specificationi is accompanied by payment stipulated above together reimbursable payment of $5.00 to cover the with an additional cost of mailing nal 8 charges and overhead. Diamond Bar. The successful bidder will be required to enter into a contract satisfactory In accordance with the requirements of Section 9-3 of the General provisi forth in the plans and Specifications regarding the work contracted to be done by th Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense authorized securities in lieu of monies withheld (performance retention). Xpense The City of Diamond Bar, California, reserves the right to reject any and al By order of the City Council of the City of Diamond Bar, California. Dated this 7th day of June, 1994. ADOPTED AND APPROVED this--Ah—day of�� � 1994. MAYOR ATTEST: CITY CLERK hereby certify thatI, LYNDA BURGESS, City Clerk of the City of Dian City Council of the City the foregoing Resolution was passed, approved and adopted at a regular of Bar held on the Diamond —__ da of n vote: y , 1994, by the AYES: NOES: ABSENT: ABSTAINED: LYNDA BURGESS, City Clerk City of Diamond Bar COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS. CITY OF DIAMOND BAR STATE OF CALIFORNIA SUCMCATj[OWNS FOR CffYW]0DE STREET TREE MAINTENANCE TheThe City Clerk of the City of Diamond Bar 11:0a.m. on Tuesday, June 28, mon ]Bar win receive at her office in the City Hall, in said Ci Proposals for the performance of the above described services. CITY OF DIAMOND BAR Gary H. Werner, Mayor Clair W. Harmony, Mayor Pro Tem Eileen R Ansari, Councilmember Gary G. Miller, Councilmember Phyllis E. Papen, Councilmember Terrence Belanger, City Manager TABLE OF CONTENTS NOTICE OF INVITING SEALED BIDS INFORMATION FOR BIDDERS BIDDER'S PROPOSAL CONTRACTOR'S INDUSTRIAL SAFETY RECORD NON -COLLUSION AFFIDAVIT FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND BIDDER'S BOND SCHEDULE OF PRICES AGREEMENT SPECIAL PROVISIONS TECHNICAL SPECIFICATIONS APPENDIX A EXHIBIT "All 2 2 2 2 2: 2! 2E 35 41 53 54 SPECIFICATIONS FOR CITYWIDE STREET TREE MAINTENANCE INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be subn time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in ac the provisions of the Standard Specifications for Public Works Construction, 1991 Edition. the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes outside the name of the bidder, his address, and the name of the project for which the bid i; the sole responsibility of the bidder to see that the bid is received in proper time. Any bid n scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashi check or by a bid bond in the amount of not less than ten percent (10%) of the amount nar proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamo be given as a guaranty that the bidder, if awarded the work, will enter into a contract withi after written notice of the award and will furnish the necessary bonds as hereinafter provid refusal or failure to enter said contract, the check or bond, as the case may be, shall be for. No bidder's bond will be accepted unless it conforms substantially to the form furnished b} is bound herein, and is properly filled out and executed. 3. SIGNATURE The bid must be signed in the name of the bidder and must bear the sign of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the worl alternative proposals or any other modifications of the bid form which is not specifically c contract documents may result in the Owner's rejection of the bid as not being responsive to bid. No oral or telephonic modification of any bid submitted will be considered but a to modification may be considered and only if a postmark evidences that a confirmation of d signed by the bidder was placed in the mail prior to the opening of bids. The bid submitte4 contain any erasures, interlineation, or other corrections unless each such correction is sui authenticated by affixing in the margin immediately opposite the correction the surname c person or persons signing the bid. 5. rrSC FPANCIES IN PROPOSALS: In case of discrepancy between words and fig shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the shown by the bidder the correctly adder total of the individual items shall prevail over the shown. The estimated quantities and amounts are for the purpose of comparison of bids < Council of the City of Diamond Bar reserves the right to reject any or all bids and to wai, or informality in any bid to the extent permitted by law. 9 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of tl work and the contract documents therefore. It will be assumed that the bidder has investiga satisfied as to the conditions to be encountered as to the character, quality, and quantity of furnished, and as to the requirements of the contract, specifications and drawings. The nam individual who examined the site of the work and the date of such examination shall be stat proposal. By submitting a bid, the bidder will be held to have personally examined the site and the dr, carefully read the specifications, and to have satisfied himself as to his ability to meet all the attending the execution of the proposed contract before the delivery of his proposal, and a3 awarded the contract, he will make no claim against the City of Diamond Bar based on ign misunderstanding of the contract provisions. 7. WITBDR AWAi OF BIDS: Any bidder may withdraw his bid either personally, by writ by telegraphic request confirmed in the manner specified above at any time prior to the sct time for receipt of bids. g. INSIJRANCE AND BONDS: The Contractor shall not commence work under this con secured all insurance and bonds required under this section nor shall be allow any subcont. commence work on this subcontract until all similar insurance and bonds required of the si have been obtained. All insurance issued in compliance with this section shall be issued in an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates the amounts required shall be furnished by the contractor to the City prior to the commen, The contractor shall maintain adequate Workmen's Compensation Insurance under the lai California for all labor employed by him or by any subcontractor under him who may cow protection of such Workmen's Compensation Insurance laws. The contractor shall mainta insurance to protect said contractor and the City against loss from liability imposed by lav account of bodily injury, including death resulting therefrom, suffered or alleged to have 1 any person or persons, other than employees, resulting directly or indirectly from the pert execution of this contract or any subcontract thereunder, and also to protect said contrac against loss from liability imposed by law, for damage to any property, damage insurance maintained by the contractor in full force and effect during the entire period of performan contract, in the amount of not less than $500,000 for one person injured in the accident o of not less than $1,000,000 for more than one person injured in one accident and in the a than $500,000 with respect to any property damage aforesaid. The City shall be named a regardless of fault. 10 The contractor shall secure with a responsible corporate surety, or corporate sureties, satisi conditioned upon faithful performance by the contractor of all requirements under the Conti the payment of claims of materials, men and laborers thereunder. The Faithful Performance in the sum of not less than one hundred percent (100%) of the estimated aggregate amount payments to be made under the contract computed on the basis of the Cprices (50%)stted in the p of the esti Labor and Material Bond shall be in the sum of not less than fifty p amount of the payments to be made under the contract computed on the basis of the prices proposal. 9 : If any person contemplating si for the proposed contract is in doubt as to the true meaning of any part of the drawings, sF other contract documents, or finds discrepancies in, or omissions from the drawings and sl may submit to the Owner a written request for an interpretation or correction thereof. The submitting the request will be responsible for its prompt delivery. Any interpret ation or co: contract documents will be made only by Addendum duly issued and a copy of such adder mailed or delivered to each person receiving a set of the contract documents. No person i. make any oral interpretation of any provision in the contract documents to any bidder, anc authorized to rely on any such unauthorized oral interpretation. 10. me nrrAI IFICATION OR MOMS: More than one proposal from an individual, i corporation, or association under the same or different names, will not be considered. Ref for believing that any bidder is interested in more than one proposal for the work conteml the rejection of all proposals in which such bidder is interested. If there is reason for belie collusion exists among the bidders, all bids will be rejected and none of the participants in will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsib total base bid or on any one of the alternates indicated in the proposal. Bids will be comp of the lowest possible cost relative to the alternate or alternates selected and the contract be awarded to a responsible bidder whose proposal complies with the requirements of thi The award, if made, will be made within sixty (60) calendar days after the opening of the provided that the award may be made after said period of the successful bidder shall not: City written notice of the withdrawal of his bid. 12. AT. RNATES: If alternate bids are called for, the contract may be awarded at the E governing board to the lowest responsible bidder on the base bid, or on the base bid and combination of alternates. 13. CETENCY OF BIDDERS: In selecting the lowest responsible bidder, consider not only to the financial standing but also to the general competency of the bidder for th the work covered by the proposal. 14.1 MING cTrRrONTRACTORS: No subcontractors shall be permitted. 11 15. SAT : In accordance with the provisions of Section 3700 nt Code, the Contractor shall secure the payment of compensation to his employees. work under sign and file with the Owner the following certificate prior to performing am aware of the provisions of Section 3700 of the Labor Code which require compensation undertake self-insurance in accordance with the provisions of that code, and I will comply provisions before commencing the performance of the work of this contract." 16. RTD DEPOSIT RE_'TUSN: Deposits of three or more low bidders, the number being at of the Owner, will be held for sixty days or until posting by the successful bidder of the Bot return of executed copies of the Agreement, whichever first occurs, at which time the depc returned after consideration of the bids. 17. FXErT TTION OF COI�ITRA I: The bidder to whom award is made shall execute a m with the City on the form agreement provided, and shall se= all insurance and bonds as within ten (10) days from the date of written notice of the award. Failure or refusal to ente stipulated requirements in connection the Of the sti re as herein provided, or to conform to arty P cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the co! second lowest responsible bidder. If the second lowest responsible bidder refuses or fails t contract, the City may award the contract to the third lowest responsible bidder. On the fg such second or third lowest bidder to execute be ahe contract, such bidder's guarantees shall forfeited to the City. The work may the 18. "OR EOIIAL': Pursuant to Division 5, Chapter 4, Article 4 (commencing S 3 Oev Code, all specifications shall be deemed to include the words or equal, provided exceptions hereto shall be specifically noted in the specifications. 19. ENjP ( OF APPRF S: The contractor, and all subcontractors, shall provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the Calif, or and any subcontractor under concerning the employment of apprentices. The contract with the requirements of said sections in the employment of apprentices; however, the cc full responsibility for compliance with said Labor Code section, for all apprenticeable oo regardless of any other contractual or employment relationships alleged to exist. In addii State Labor Code Requirements regarding the employment of apprentices and trainees, I all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Rep 20. SPONSIBILITY: Upon the request of the City, a bidder whose consideration for the award of the contract shall submit promptly to the City satisfactor the bidder's financial resources, his construction experience, and his organization and pl available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated Inviting Sealed Bids" section of these specifications. Pursuant to Labor a liars de Section 00) shall forfeit as penalty to the City of Diamond Bar, not more than fifty 12 workmen, or mechanics employed for each calendar day, or portion thereof, if such labors mechanic employed is paid less than the general prevailing rate of wages herein referred tc for any work done under the proposed contract, by him, or by any subcontractor under hi: the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Cop. collective bargaining agreements relating to the work as set forth in the aforementioned L file and available for inspection in the Office of the Department of Industrial Relations, Di Statistics and Research. 22. PERMITS FEES AND LICENSES: The Contractor shall possess a valid City of Diamond license prior to the issuance of the first payment made under this contract. 2 3. TIME OF COMPLETION AND LIOUIDATED DAMAGES: Bidder must agree to commei before the date of the written "Notice to Proceed" of the City and to fully complete the pi in Exhibit "A" within one hundred twenty (120) calendar days thereafter. Bidder must agi liquidated damages, the sum of one -hundred dollars ($100.00) for each calendar day there in the General Conditions. 24. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised payment of the appropriate purchase price, the set of contract drawings and specification; property of the purchaser and are not to be returned to the City of Diamond Bar. 25. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the responsible bidder whose proposal complies with all the requirements described. 26. QUANTITIES: The quantity of work for the unit price items to be done under the cc the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied sty actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eE the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for an} sort because of any difference between the estimated and actual quantities of work done decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids a irregularity or informality in any bid to the extent permitted by law. 27. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the for opening of bids upon presentation of a written request to the City's Engineer signed t representative of the bidder or by the person filing the bid. 28. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for re( not be considered. 13 proposals shall not be changed. Any additions, 29 The wording of the propo ro osal irregular and may conditions, limitations, or provisions inserted by the bidder will render the p P cause its rejection- tore of the bidder. Erasures of interlineations in the proposal must be explained °r noted over the signs : The City Council of the City of Diamond Bar reserve TI�� informality or defects in bids receil, 30. e� � Nr � rt�� bid or reject any or all bids and to waive any the right to accept any � as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected- Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected• � �: If a unit price bid item total amount arrived ai n •,.m eC`.RFFIVIBI�ILOF�I 31. does not agree with the total amount entered for the item multiplying the unit price tunes the quantity the total amount isnot entered, the unit price and the corrected e7�enS1Ori � be consider as representing the bidder's intentions. the unit price for the item but not the unit Price, If in a unit price bid item the total amount's entered the item by the number of units m the h4 be that which is derived by dividing the total amount bid for up to the total amount shown, the cc If the amounts bid on individual items re�vaildfor) do not add over the � amount. added total of the individual item P : The Engineer may, from time to time, issue add r..�r n, a T ,. ^n�'TP eC'T t�OCUMErIT�. 32• period of advertising for bids, for the purpose of clarifying or co . the contract documents duringth special provisions, plans or bid pre Po fuies of such addenda, either by fust clan s of contract documents will be �shed with cop will be sent to the address the during the period of advertising. The addenda Purchaser or personal delivery, the contract documents left with or furnished the City of D Purchaser of iamond Bar at the timet e purchase was made. TF�M O • 33. this bid bid are binding through June 30, 1995. Con Fees presented m be extended annually at the option of the City. Agreement, the Contractor's In the event the City excercises its oustonent rie term men thissoe extended term and aMU compensation shall be subject to add thereafter. in coin ensatin will be negotiated between the City and the contractor, with the lim Any increase P no increase to a maximum of the cost of living. 14 The increase, if any, will be calculated with reference to cost of living during the previous to, the increase will be calculated by multiplying the contractor's compensation as of the a the percentage by which the Consumer Price Index ("CPI") for the Los Angeles-Anaheim metropolitan areas for the month immediately preceding the Adjustment Date (the "Index reported by the Bureau of Labor Statistics of the United States Department of Labor, has the CPI for the month one year prior to the Index Month. If the Index is discontinued, th shall, at its discretion, substitute for the Index such similar index as it may deem appropri 15 BIDDER'S PROPOSAL E STREET TREE SERVICE IN THE CITY OF DIAMOND BAR' TO PID ROVIDE CITYw CALIFORNIA Date To the City Council of the City of Diamond Bar: The Undersigned hereby declares: principals are the ,19 — (a) That the only persons or parties interested in this propos oration and the name of its president, M oration, give the name of the corp artnership does t (If the bidder is a corp give the name under which the co -p treasurer, and manager. If a copartnership, and the names and addresses of all co-partners. If an individual, state the name under which the c to be drawn.) (b) That this proposal is made without collusion with any I or corporation. (c) That he has carefully examined the location of the prof self with all of the physical and climatic conditions, and makes this bid and has familiarized him his own knowledge• off, he acknow. (d) That by submitting this Bidder's Prop s sent by the City of Diamond Bar to 1 and knowledge of the contents of thoof Diamond Ba °When this ropose form was obtained. address furnished by him to the Crty (e) That he has carefully examino � as aforresaidnand r detail, and the drawings attached hereto, and communications sent proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a vvritte the performance of the proposed work with the City Of Diamond (g) That he proposes to enter into such contract and to payment for the work actually done thereunder the prices shown m the it schedule. ly and agreed that the quantities set forth are but estimates, and that the unit prices a gr quantities whatever they may be. 16 Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to f City of Diamond Bar in the sum of OLLARS ($ said bidder's bond has been duly executed by the undersigned bidder and by a financially company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of cont the contract and furnish acceptable surety bonds, then the proceeds of said check, or bid( become the property of the City of Diamond Bar, but if this contract is entered into and furnished, or if the bid is not accepted then said check shall be returned to the undersigns will be released from the bidder's bond. Address of Bidder Telephone of Bidder City Zip Code Signature of Bidder 17 The undersigned further agrees that in case of default in executing the required conte including Sundays and legal holidays, after having necessary bond, within ten (10) days, not ed and is ready for signature, the proceeds of the notice that the contract has been award roperty of the City of Diamond Bar, and this prof accompanying his bid shall become the p the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DAT SUPERVISORS CERTIFIED TREEWORKER - Na e• I declare under penalty of perjury of the laws of the State of California that the represen made herein are true and correct in accordance with the requirements of California Bi and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 18 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TThis information must include all construction work undertaken in the State of California by the bidder an partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owe five calendar years and the current calendar year prior to the date of bid submittal. Separate information shl for each particular ppartnership, joint venture, corporation or individual bidder. The bidder may attach any mation or explanation of data which he would like taken into consideration in evaluating the safety record.. must be attached of the circumstances surrounding any and all fatalities. 1990 1991 1992 1993 Total C 1. No. of Contracts 2. Total dollar amount of contracts (in thousands of $) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving permanent transfer to another job or termination of employment. 6. No. of lost workdays * The information required for these items is the same as required for columns 3 to 6, Code 10, Occupati Summary Occupational injuries and illnesses, OSEA No. 102. The above information was compiled from the records that are available to me at this time and I penalty of perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Signature Address State Contractor's Lic. No. & Classification City Zip Code Telephone 19 NON -COLLUSION AFFIDAVIT To: The City of Diamond Bar: State of California ) ) SS County of Los Angeles) being first duly sworn, deposes and says that he or she is of the party making and foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited the other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES) Subscribed and sworn to before me this day of .1994 Notary Public in and for the County of , State of California (Notary Public) 20 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY TBESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contractte shall i any way release said Contractor or the Surety thereunder nor shall any item granted under the provisions of said cocrtreof theeCont Contract hereby waived tractor or said Surety and notice of such alterations or extensions by such Surety. In the event suit is brought upon �this CBond �y�� obligee and by the City. nude h suit,gement including recovered, said Surety shall pay a reasonable attorney's fees to be fixed by the Court. WITNESS WHEREOF, we have hereunto set our hands and seals this IN day of PRINCIPAL BY: (SEAL) 21 SURETY IM LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", S sum of States of America, for the payment of which sum, well lawful money of the United and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter intoheann n tContractrwith said City for construction of the work under the Crty's pe catiled and is required by said City to ection with the execution of said Contract; give this bond in conn NOW, THEREFORE, if said Contractor in said Contract, subcontractoror rthe use fails to pay for any materials, provisions, provender or other supplies, implements or machinery, used in, upon, for or about the perfo k dcor f rheamountswork contracted to be done, or for any work or labor thereon of any due under the Unemployment Insurance Act with respect to sthe swum Specified said Surety will pay for the same in an amount not exceeding above, and also in case suit is brought upon ihis ob ndhe benefit ofble attorneys fee) o any and persons be fined by the court. Thus bond shall immure 92.1 of the Code of Civil Procedure of the entitled to file claims under Section 11 State of California. be PROVIDED, that any alterations in the work to be terms of said the raterial to not in furnished, which may be made pursuant to the all any way release either said Contractor or said Surety thereunder nor shall any sions of extensions of time granted under the proviteraticontract on orextensions of her said Contractor or said Surety, and notice of such al Contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seal1 9s this day of PRINCIPAL SURETY BY: (SEAL) BY: (SEAL) 22 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as Surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten per< total amount of the bid of the Principal above named, to be paid to the said City or its cel successors and assigns; for which payment will and truly to be made, we bind ourselves, executors and administrators, successors or assigns, jointly and severally, firmly by these In no case shall the liability of the Surety hereunder exceed the sum of S THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar CiV Hall on Tuesday, June 28, 1994 at 11:00 a.m. for citywide street tree maintenance. NOW, THEREFORE, If the aforesaid Principal is awarded the Contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. 23 BIDDER'S BOND (CONT.) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1994 PRINCIPAL SURETY ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 24 (seal) (seat) (seal) (seal) (seal) (seal) (seal) CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, #100 DIAMOND BAR, CA 91765 BID PRICES FOR CITY-WIDE TREE MAINTENANCE IN DIAMOND BAR Name of Bidder (Company) By (Name) Bidder's Address City Telephone _ Bid Summary Fax (Title) Zip I. Total for Routine Scheduled Work II. Total for Removals/Stump Grind III. Total for Root Pruning IV. Total for Emergency Charges Total Bid for Items I, II, III, and IV Total Bid Amount Written In Words _ The undersigned declares that he has read the terms and conditions for the goods and set listed herein and agrees to furnish to the City of Diamond Bar said requirements in strict conformity to the specifications thereto. By/Title Date (Authorized Signature) (Title) 25 WORKSHEET I. Charges for routine scheduled work The City of Diamond Bar will provide a list of trees that require service to the contractor various times throughout the year. The number of trees on the list could vary from one tc one thousand. Please enter a per tree bid price for each bench mark quantity listed below A. Single Tree Service $ per tree x 1 tree = $ (trimming of any single tree) B. Small Quantity Service $ per tree x 10 trees= $ (Trimming of two to ten trees) C. Medium Quantity Service $ per tree x 100 trees-- (Trimming rees=(Trimming of 11 to 100 trees) D. Large Quantity Service $ per tree x 1000 trees= $ (Trimming of 101 to 1000 trees) I. Total for Routine Scheduled Work = S. H. Removals/Stump Grind Indicate charges for work according to the listed trunk diameter at breast height. 0-6" 7" - 12" 13"-24" Over 24" Total Diameter Diameter Diameter Diameter (18 3/4" Cir) (37 5/8 Cir) (75 3/8 Cir) Removal $ $ $ $ x 10 $_ removals/ year Stump Grind $ $ $ $ x 10 Stump $_ grinds/year II. Total for Removals/Stump Grind $_ III. Root Pruning 0-25' 25'-100' 100'-500' 500'+ Tota Cost Per Linear Foot $ $ $ $ x 10 = $ _ III. Total for Root Pruning $ — 26 IV. Emergency Charges Emergency Charges shall include all personnel, equipment and other materials uses completing work. A. Minimum Service Charge $ per hour x 20 hours =$ Charge per Response with two (2) hour minimum B. Charges beyond the minimum time $ per hour x 20 hours =$ _ IV. Total for Emergency Charges $_ 27 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made a entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by an between nerematter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received. publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written cont with Contractor for furnishing labor, equipment, and material for Citywide Street Tree Service as described in Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. MMRAI, SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for citywide street tree service. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DO ANTS TO BE CONSMERED COMPLE The aforesaid specifications are incorporated herein by -reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. S. documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the wor properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it t ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 28 a. The undersigned bidder agrees to execute the contract within ten (10) calendar from the date of notice of award of the contract or upon notice by City after ten (10) cal( days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one hundred twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ( $100.00) dollars for eac. calendar day the work remains incomplete beyond the expiration of the completion date. may deduct the amount thereof from any monies due or that may become due the Contra under this contract. Progress payments made after the scheduled date of completion shall constitute a waiver of liquidated damages. 4. .INS m AN(" F: The Contractor shall not commence work under this contract until has obtained all insurance required hereunder in a company or companies acceptable to Ci nor shall the Contractor allow any subcontractor to commence work on his subcontract u� all insurance required of the subcontractor has been obtained. The contractor shall take o and maintain at all times during the life of this contract the following policies of insurance; a. Comnensa_tion Insurance: nc e: Before beginning work, the contractor shall furnish to the Engineer a certificate of insurance as proof that hi taken out full compensation insurance for all persons whom he may employ directly or through subcontsactors in carrying out the work specified herein, in accordance with the laws of the State of Californi Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California L Code, every contractor shall secure the payment of compensation to 1 employees. Contractor, prior to commencing work, shall sign and fil( with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code whi requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract. " b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) S500,000 each person; $1,000,000 each accident. 29 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City Or Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance 30 provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to 31 journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that i. is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. i.FrAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws Or the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 32 9. CONTRACTORS LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 33 10. NON-DISCRIMINATION* No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated 1994, in the total amount of $ 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date BY: Title APPROVED AS TO FORM CITY OF DIAMOND BAR, CALIFORNIA City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time BY: Mayor BY - City Clerk 34 SPECIAL PROVISIONS All work shall be done in accordance with the 1991 Edition of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. (a) amination of Plans Specifications 011=71511 PrOvis'ons._.aad Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal ismade by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. (c) ate„ �T rT�,r,.+�alc ('ontaining Alterations Erasures or Irreaul na 'ties: Proposals may be rejected if they show any alterationg of form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or 35 irregularities of any kind. (d) Bidder's ('n3aranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in le amounts , cashll�s proposal, certifiedand heck, or bidder'sal shall be s bond in idered unless such cash, enclosed therewith. e) Award of ontract: The award of the contract, if it be awarded, will be to the lowest responsible bidder. (f) Retu of Bidd: Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. subsectio , 5 1 Planc and Sne�ific tionc C•enPral �. ended_hYAhQ addition of the An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5 Utilities. This section is modified by addition of the following subsections. cnhcPrt,nn � 1 L��a+ion This s0. +ion is amendd by addition of the followit�: The Contractor shall notify Underground Service Alert (USA) at 1-800-4224133 two working days prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated: 36 Utilb owner Identification. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (714)865-3307 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (714) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (714)595-7554 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (714) 394-4327 Underground Service Alert 1 (800) 4224133 Subsection 5-2. Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenance— which may be within the work area. Particular attention shall be given to water valves. Section 6 Construction Schedule and Commencement of Work is amended by the addition of the following: Prior to commencing construction the contractor shall submit for approval a construction schedule. Section 7 Responsibilities of the Contractor in Conduct of His Work Subsection 7-2 Labor is g_mended by the addition of the following. Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and 37 every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part W, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7-3 1 Contractor's Re Until acceptance of the work in writing by the City of Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. 38 The City of Diamond Bar permits stockpiling of excavation material and/or construction m only in an authorized location. This requirement also applies to the location of a material a equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the coin construction of the project shall be restored to a condition equal to or better than, in all res the existing improvements removed or damaged unless otherwise specified or noted on the drawings. Full compensation for conforming to the requirements of this section shall be included in c items of work performed and no additional compensation will be allowed. 4Lbse.,�ion 7-� 1 Duration of ontract: The Contractor shall begin work on or before the date of a written "Notice to Proceed" ai complete the entire project work within one hundred -twenty (120) calendar days. SubcPction 7 10 1 Traffic and Access is amended by addition of the fn1.1_owing: No public street, or portion thereof, may be closed to through traffic as a part of this Con However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Ba close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in othe of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights barricade delineators, and other facilities which are necessary to expedite the passage of traffic through or around the work or to prevent accidents or damage or injury to the pul give adequate warning to the public of any dangerous conditions to be encountered. Thi Trans "Manual of Traffic Controls" shall be used for all traffic control on this project. Shoring of excavations is not generally required on this project, however, the City's Eng determine that shoring is required in portions of the construction area, due to the type o excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will rec shoring. Shoring of excavation if required shall be in accordance with the requirements of Subs amended, of the Standard Specifications, and shall meet all the requirements of the Con Orders of the Department of Industrial Relations, State of California and of OSHA. Ap fencing and barricading will also be provided by the Contractor as a part of this item. P excavation the Contractor shall obtain all permits required thereby. 39 The Contractor shall conform to the Section 6424 of the California State Labor Code rega and bracing of excavations. of special importance in this regard is the following extract $ "For the excavation of any trench or trenches five feet or more in depth, the Contr for acceptance by the awarding body, or by a registered civil or structural engineer awarding body, to whom authority has been delegated, in advance of excavation, i showing the design of shorings, bracing, sloping or other provisions to be made fa protection from the hazard of caving ground during the excavation of such trench such plan varies from the shoring system standards established by the Constructio, the plan shall be prepared by a registered civil or structural engineer. Full compensation for conforming to the requirements of this section shall be included in work involved and no additional compensation will be allowed. The Contractor agrees that the payment of the amount under the contract, and the adjust for any work done in accordance with any alterations of the same, shall release the City c the City Council, the City Manager, and the City Engineer of any and all claims or liabilil work performed under the contract or any alterations thereof. Progress Payments. The Contractor shall be entitled each month to a monthly progress amount equal to ninety percent (90%) of the estimated percentage of actual work comp] the preceding calendar month, based on the contract price less all previous payments, pr events the City shall withhold no less than ten percent (10%) of the contract price until i and acceptance of the work. The contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of, material of the contract, nor shall it in any way govern the final estimate. Final Pavements. After the completion of the contract, the Engineer shall make a final i work done thereunder, and if entirely satisfactory and complete, the City shall pay to th amount which, when added to the payments previously made and deductions allowable equal ninety percent (90%) of the contract price. Thereafter the balance of the contras unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by payment of the final amount due under the contract and the adjustment and payor ent fo accordance with any alterations of the same shall release the City from any and all slain work performed under the contract or any alterations thereof. 40 TECHNICAL SPECIFICATIONS The work to be performed consists of two types: 2. Project Work - this work is described in E the class description per these specExhibit "A" and will include trimming in accordance u ifications. Additional "As Needed Work" Typically this as assigned by the City - This work will This work may type of work is generated by citizen r be Performed as needed y occur in parkways, requests emergencies and departmental need work in this care o y 'Parks' this maintenance FE districts and open spaces. The amount c have been g is undeterminable at this time. FTistoricall serviced on an as -needed basis. This work shall include trimming, 300 trees per yE ��g' The total number of trees to be serviced on an n need than historically8, movals and stem serviced. ed basis may be more or less Procedure for additional work: 1 • The contractor shall provide the City within 3 working days of verbal or with a written bid in accordance with the unit class bid shee 2' written request for extra work by the City. Upon acceptance and authorization by the City to proceed complete the extra work within 5 working days. wrth extra work, the contractor shall g It is the City's intent to provide the highest and most responsive 1 Diamond Bar. evel of service to the residents of B. IYot1fi .Minn T? For project work, the contractor shall provide, at his sole ex ens the project area. This notification shall be in two forms. P e notification to all affected residents in 1 NO Parking Signage -The contractor shall post no parkin servicing is to occur. The signageg signage on streets where street tree Posted at least 48 hours in advance he dattate e work is toe date of be he Perking restriction and shall be 2• Resident Notification -The contractor shall notifyPe�ormed. servicing activityNotification shall be accomplished all residents in the project type ci work to be done, and theapproximate ccomplished b p Jew area of the tree occur 5 to 10 days prior to the work beginning in y means of a door hanger, indicating the gmme date that the work will take place. Notification shall name shall be prominently placed on the hang a specific area. The City of Diamond Bar and be identified as the contact number for complaint resolution. T ger. The contractor's phone number shall appear, phone number shall be listed, and identified as the contact numb he City of Diamond Bar's number for information purposes. 41 The text of the doorhangers shall be approved by the City prior to use. �1� •IEW-717 M Fees presented in this bid are binding through June 30, 1995. Contract may be extended annually at the option of the City . In the event the City excercises its option to extend the term of this Agreement, the contractor's per unit compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter. Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If agreed to, the increase will be calculated by addidng to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles - Anaheim -Riverside metroplitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. �'lt.t_i•of • s • • 7r"T 1. Class I - Fine Pruning Fine Pruning shall consist of the removal of dead, dying, diseased, interfering, objectionable, obstructing and weak branches as well as selective thinning to lesson wind resistance Medium Pruning shall consist of the removal of dead, dying, diseased, interfering, objectionable weak branches on the main trunks as well as those within the leaf areas. An occasional branch up to one inch in diameter may remain within the main leaf area where it is not practical to remove it. ADDITIONS to the standard specifications: All girdling roots visible to the eye are to be reported to a supervisor and/or the owner. 42 9111W M. II exerorlrpl W-qqT O. Coarse Pruning shall consist of the removal of dead, diseased or obviously weak branches, two inches in diameter or greater. Cutting Back or Drop Crotch Pruning shall consist of the reduction of tops, sides, under branches or individual limbs. This practice is to be undertaken only in cases of utility line interference or where certain portions of the roots or root systems have been severed or severely damaged, or when there is unusual or rapid tree growth, where it is necessary to reduce the top, sides or under branches or for specific topiary training or dwarfing. Before any work commences, Contractor shall prune one typical tree of each different species scheduled for work. Work shall be to the satisfaction of the City Engineer and will be the form all other trees are trimmed to. a. Trees with diffuse branching habit (Elms, Ash, Maples, Etc.) Remove all limbs to thirteen (13) feet of clearance from top of curb line. Remove all suckers, water sprouts, crisscrossing, dead, diseased, broken, heavily laden branches, and enough less desirable branches to reduce crown weight forty percent (40%). Remaining branches shall be radially distributed to form scaffold branches in a circular space around the trunk, with a vertical space of 18-24" if possible. The crown shall form a symmetrical half sphere with the weight evenly distributed after pruning. b. Trees with dominant main trunk or single leader and small horizontal branches (Liquidamber, Pines, Cypress, etc.) 43 Remove all limbs to thirteen (13) feet of clearance from top of curb line. Remove all suckers, water spouts, crisscrossing, dead, diseased, broken, heavily laden branches, and enough less desirable branches to reduce crown weight by thirty percent (30%). The finished tree shall forma pyramid shape. LVA? -M I.6 •� ik eM,u T I. All dead or dropping fronds shall be removed as close to the trunk as possible, leaving five to seven healthy fronds evenly spaced at top of trunk. Upon completion, the tree trunk shall be cleared of all frond remnants. Remnants shall be cleaned from trunk with a tile knife or similar tool. 3 M I.T4 96341 r1ron O nk Clean all debris from base of tree. Trim tree per Group 1, Section b. (Trees with dominant main trunk), removing forty percent (40%) of crown weight. Upon completion, the tree shall have a conical shape with even distribution of weight around main trunk. Removal of all limbs to thirteen (13) feet of clearance from top of curb line. Topping shall consist of reducing the head size from the tree crotch by twenty five percent (25%). Group 3 trees shall be topped at forty (40) feet in height. 44 The maintenance superintendent will mark tree for removal with an orange 'W'. Should a tree be scheduled for removal and not be marked, or if there is any doubt about the tree to be removed, the Maintenance Superintendent shall be contacted before work commenced. All trees shall be removed by sections; no single section shall exceed five (5) feet in length. Trunks and/or limbs over six (6) inches in diameter shall be cut in sections not to exceed five (S) feet in length and lowered to the ground. The means of lowering shall be acceptable to the City. All stumps and large surface roots shall be cut off at ground level to not less than twelve (12) inches below existing grade and area backfilled to grade. Raise tree to thirteen (13) foot height around entire right of way area; clean all debris from base of tree. Remove all limbs two feet back from curb face or edge of pavement the entire height of tree on one side only. MORM All cuts shall be made close to the trunk without curing into the branch collar so that closure can readily start under normal conditions. Clean cuts shall be made at all times. Remove the weaker or lease desirable of crossed or rubbing branches. It is necessary to pre-cut branches too heavy to handle to prevent splitting or pealing the bark. a. Small Limbs Small limbs (less than one (1) inch in diameter), including water sprouts and suckers, shall be cut as per Appendix A. b. Large Limbs Large limbs (over one (1) inch in diameter) shall be cut with a saw, using the following procedure: Make the first cut on the under side of the branch, one to 45 two feet from crotch. The undercut should be at least 1/3 of the diameter. Make the second cut on the topside, e�aldceoffbetwete� he two cuts. ee inches Theer third cut sm the hall ch than the first; the Jun should be made as per Appendix A. The cut shall be made in healthy wood well below the infection, twelve to eighteen (12-18) inches if possible. When pruning diseased wood, pruning equipment shall be sterilized with an effective disinfectant between each cut. Treatment of cuts and wounds with tree dressing is optional except where open wounds in certain trees may attract insects that carry disease or allow fungus invasion. Trunks and/or limbs over six (6) inches in diameter shall be cut in sections not to exceed five (5) feet in length and lowered to the ground. The means of lowering shall be acceptable to the City. All stumps and large surface roots shall be cut off at ground level to not less than twelve (12) inches below existing grade and area backfilled to grade. 10. Tnlyylrwl ll Old injuries are to be inspected. The presence of any structural weakness, disease conditions, decayed trunk or branches, split crotches or branches should be reported in writing to the City Engineer. All pruning tools (extension pruners, handsaws, power saws, topers, hand pruners and pruning knives) shall be kept sharp and in good working condition. 11. chmbim Spikes shall not be used for climbing live trees without written permission of the City Engineer. 46 12. lean -Un The Contractor shall chip or remove brush as work progresses. The street and parkway and private property shall be kept clean of debris at all times. Any debris left upon the site after the close of each day's operation shall be removed by the City of Diamond Bar and the cost deducted from the Contractor's Payment. 13. FQuipIl MA Bidders are required to have the following minimum equipment available for use in the City: 1 Skyworker 1 Brush Chipper 1 Pickup Truck 1 Stump Grinder 1 1 1/2 Ton Brush Truck 6 Chain Saws All vehicles shall have the Contractor's name clearly visible. All equipment used for trimming or removal of City trees shall be kept in good working order. A representative of the Division of Engineering shall judge the condition of equipment used. Any piece of equipment judged to be unsafe shall be removed from the job site immediately. Successful bidder, at the time of the execution of the contract, shall provide a California State Certification of Condition for his Skyworker. 14. Work Schedule Work will be assigned and completed on an "as needed" basis. Majority of work will be scheduled in the spring, winter and fall months. Contractor will secure a list of projects from the Engineering Division. Routine projects must be completed within thirty (30) days of assignment . All work performed in the City, other than emergencies, shall occur on Monday 47 through Friday, from 8:00 a.m. to 5:00 p.m. The hours of tree servicing shall be as specified except in cases of tree servicing in median islands. Due to traffic volumes, work shall not begin before 9:00 a.m. and shall be completed by 3:00 p.m. Work shall not occur on the weekends or holidays unless it is an emergency. All changes as to the work schedule must be approved in advance by the Division of Engineering. Approved changes will be issued to the Contractor on an Addendum List. Contractor shall respond to emergency calls within two (2) hours from time of notification. Contractor must designate a person within his company who will respond to emergency calls 24 hours a day. Contractor shall submit telephone number(s) to the Division of Engineering that can be used to obtain emergency service on a 24 hours basis. The contractor's name and telephone number will also be listed with the Police Department. Upon arriving at an emergency situation it shall be the responsibility of the Contractor to eliminate all unsafe conditions which would adversely effect the health, safety or welfare of the public. During the progress of the work, adequate provision shall be made by the Contractor to so accommodate the normal traffic over the public streets and park roadways so as to cause a minimum of inconvenience to the general public, and shall hold the City harmless from all claims arising from any act or 48 omission on his part pertaining to any injury, death or damage to any person or property by reason of any use of any street by anyone while the Contractor is working or has any equipment or barricades thereon or in working thereon. Means of ingress and egress for occupants of property or buildings shall be provided as far as possible. Lawn areas of parks shall not be driven upon by truck or other equipment unless one (1) week prior notice has been given to the Parks and Maintenance Department, and in no case if conditions would result in permanent impression by vehicle wheels. The Contractor will be held responsible for the preservation of all public -and private property along and adjacent to the work being done, and will be required exercise due precaution to avoid and prevent any damage or injury thereto as a consequence of his operation. All trees, shrubs, ground covers, fences, warning signals, street signs, walks, walls, structures and stairways shall be adequately protected and should not be removed or disturbed without permission from the City Engineer or his representative. Any damages resulting from Contractor neglect shall be repaired/replaced at the Contractor's own expense. The Contractor shall be responsible for repairing/replacing any existing plant material or irrigation systems in the landscape damaged during pruning operations to their original condition at his own expense. All damage to landscape areas shall be reported to the City Engineer immediately. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference or annoyance to the public. aliffrorTT"T, "I Inspections will be performed by representatives of the Engineer at specified times and at random visits when the consultant may be on the site. All inspections called for by the Contractor shall be requested and referred to the Engineer in writing at least seventy two (72) hours prior to the anticipated inspection. 49 All work shall meet the approval of the City, or be rectified by the Contractor to a condition that does meet this acceptance, at no additional cost to the City. If the Contractor calls for inspections and is not ready for the inspections, he shall be charged back hourly, including travel time for all members of the team of Inspectors involved. The completion of the contract will be accepted and Notice of Completion recorded only when the entire contract is completed satisfactorily to the City. Unauthorized tree removals will incur the following penalties: a. Under 12" Diameter $ 500.00 b. 12" to 36" Diameter $ 1,000.00 C. 36" Diameter or Greater $1,500.00 50 TERMINOLOGY BRANCH COLLAR Wood tissue that forms around the base of a branch between the main stem and the branch. Usually as a branch begins to die, the branch collar begins to increase in size. CALLUS New growth made by the cambium layer around all of wound. CAMBIUM LAYER Growing point between the bark and sapwood. CLOSURE Refers to the roll of the callus growth around the wound area. THE CUT The exposed wood area that remains after the branch has been removed. CUT BACK Specified reduction of the overall size of the tree or individual branches; may include the overall reduction of the sides as well as the top of the tree. DORMANT A condition or non-active growth. Deciduous trees are considered to be dormant from the time the leaves fall until new foliage begins to appear. GIRDLING ROOTS Located above or below ground level, whose circular growth around the base of the trunk or over the individual roots applies pressure to the bark area, thereby choking or restricting the flow of sap. LIFTING The removal of lower branches for underclearance. PARENT STEM The main trunk system of the tree. PRECUT OR The removal of the branch at least six (6) inches beyond the PRECUTTING to prevent splitting into parent stem or branch. PRUNING The removal of dead, dying, diseased, live interfer- ing, objectionable and weak branches in a scientific manner. SAP FLOW The definite course assumed by sap in its movement through a tree. 51 SCARS OR Natural or man-made lesions of the bark in which wood is exp, INJURIES SUCKERS Abnormal growth of small branches usually not following the general pattern of the tree. THINNING OUT The removal of live branches to reduce wind resistance and to create more space. TOPPING Same as "Cut Back". TRACING Careful cutting of the bark along the lines of sap flow to encourage closure and to be the outline of the wound area. TRB MING Same as "Pruning" 52 APPENDIX A Natural Target Prui PRUNE CORRECTLY: Correct pruning i s - the best thing you can Hardwoods do for your tree. Here are the guidelines: 00ad Branch - Natural target prunirLQ �•�., A Branch 1. Locate the branch bark ridge (BBR) cut �. �Bark Ridge Z. Find target A - outside BBR. First 3, Find target B - where branch meets B collar. 4. If B cannot be found, drop an imaginary 9ranchf line at AX. Angle XAC equals XA8• Collar 5. Stub cut the branch. 6• Make final cut at line AB (with power - saws make -final cut on upstroke). Do Not: Conifers Make flush cuts behind the BBR Branch i Leave living or dead stubs `� Bark Rid9 Injure or remove the bramch collar i Paint cuts. Cut First _ 8 The best time to prune living branches is late in the dormant season or very early Branch in spring before leaves form. Dead and Collar dying branches can be pruned anytime. Use sharp tools! Make cleanis first! Be careful for 0044.8rom ®i"I with all tools. Safety To in Cut line bE at an angle approximately the same angle stemsstub, angle not paintBthe Donot leave 53 Topping Cut First BrancP Bark Ridge E { EXMrr "N' the For the purposes of the Street Tree Maintenance narodated Jans� Tree Inventory summary of the City „ n. of the inventory contacting the Community Service; 1, 1991 shall serve as Exhibit A °p 909) 860-24 available for inspection by Clerk at 396-5694 or the City Director at (909) work to be completed under the terms of thotr Amount of the City Manager or his designee. shall be determined by 54 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (Z/ v TO: Honorable Mayor and Members of Council MEETING DATE: June 7, 1994 FROM: Terrence L. BelM921, City Mar►ager REPORT DATE: June 3, 1994 TITLE: Agreement for the City of Diamond Bar, et a, Service in re Committee to Recall Pap en and Miller v. Lynda Burgess, City Clerk of SCARY: As indicated in my memorandum of May 26, 1994, the accompanying agreement for 1 subject litigation is being provided for City Council ratification and approval. The fine of Wallor legal services in the & Petht was selected by staff and is recommended to the Council after interviews with five qualified Kress, Reisman, Price were conducted by the Assistant City Manager, the City Clerk, and myself q firms. The interviews Our decision was based on Mr. Wallins knowledge ofthe law, City Clerks regarding his experience in other similar cases. his approach to the case , and recommendations from other RECOMMENDATION: Approval of the agreement is respectfully recommended. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1 Has the resolution, ordinance or agreement been reviewed by the City Attorney? — Yes --X No 2. Does the report require a majority or 4!5 vote? 3. Has environmental impact been assessed? Majority 4. Has the report been reviewed by a Commission? NSA — Yes — No Which Commission? NSA — Yes — No 5. Are other departments affected by the report? Report discussed with the following affected departments: NSA —Yes — No REVIEWED BY: VvY Te nce L. Belan r Frank City Manager Us er Assistant City Manager CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT TO: Honorable Mayor and Members of the City Council MEETING DATE: June 7, 1994 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: a. - REPORT DATE: June 3, 1994 vr,an9es to the City' System s Solid Waste Collection, Disposal and Recycling SUMMARY; For the past several years, the City has issued permits wishing to provide solid waste collection services. In response to so permitted waste haulers, and to establish a more e p its to qualified waste companies City's standards and requirements for solid waste collection a me concern raised by the City's ffective means of administering and enforcing the that would modify the City's enabling Ordinance and corresponding and disposal, several changes are proposed originally :discussed at the May 17 1994 system. This item was 9 permit s special edition of the proposed Ordinance. Council meeting, and continued in order to prepare a RECOMMENDATION: It is recommended that the City Council con Public testimony, waive full reading and approve Ordinance 02A 1990 adopting requirements and standards relatingto the continue the public hearing, receive disposal Of solid waste, recyclable and standards stable materials. recycling,'t transportation, onaand 2 (1990) approve Resolution 90-958 terials. It is further recommended that the City Council disposal R solid waste, and,d which staff amends and notice the existing permit system for the collection and of the City's intent to issue all waste haulers and other interested parties Permits for the collection, transportation, recycling, composting, and dis osa the City. p I Of solid waste, recyclables, and compostable materials generated within LIST OF ATTACHMENTS: XStaff Report -X public Hearing Notification -X Resolution(s) _ Bid Specification Ordinances(s) j" Edition -Agreement(s) SUBMITTAL CHECKLIST: 1 • Has the resolution, ordinance or agreement been reviewed by the City Attorney? �C Yes No _ 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? MAJORITY 4. Has the report been reviewed by a Commission? N/A Yes Which Commission? _. No 5. Are other departments affected by the report? — Yes � No Yes ANo Report discussed with the following affected departments: _ REVIEWED 13Y.- Terrence Y:Terrence L. Belang r City Manager Frank M. Usher ��-- Assistant City Manager Troy utzlaff Assi the City Manager indicates the addition of new language indicates the deletion of existing language ORDINANCE NO. 02A (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY REQUIREMENTS OFDID BAR AMENDING ORDINANCE 02 (1990) AD OPTING AND STANDARDS RELATING TO THE COLLL CD ION, RECYCLING ND DISPOSAL OF SO EP RECYCLABLE AND TRANSPORTATION, COMPOSTABLE MATERIALS. The City Council of the City of Diamond Bar does hereby ordain as follows: � O 1 : Ordinance 02 (1990) of the City of Diamond Bar hereby is amended to read, in words and figures, as follows: ad : The following provisions are hereby opted as the Collection, Recycling, 5ES�4� ostable Materials Ordinance Transportation, and Disposal of Solid Waste, Recyclable, and Comp of the City of Diamond Bar to read, in words and figures, as follows: "Section 1 Legislative Policy. Section 2 Section 3 Definitions. Authority of City Council to Issue Permits. and Establishment of Collection Fees. Section 4 Permits for Refuse Collection Section 5 Unlawful Collection. is --Exception. have Exclusive Rights --Exception. Section 6 Permittee to Section 7 Collection in Emergencies. Section 8 Hours of Collection. g • Collection --Spillage. Section 9 section• 10. Refuse ResidentialRefuse Containers. iSection "W. co Replacement of Containers for Collection. 12 Timed Date Placement of Containers. Section 13 14 Refuse if Section Section 15 Refuse Disposal. Regarding Method of Disposal. Section 16 Section 17 Special Provisions Burning, Burial or Dumping. Section 18 Duration of Storage. Use of Trucks. public Highway• Section 19 of Refuse Trucks on any Section 20 No Parking wired. Section 21 Trucks --Equipment Req 5 ecifications and Restrictions on Collection Trucks. Section 22 p Inspection. Section 23 Truck Insp elep hone Number. Section 24 Permittees Local T Section 25 Permittee Section Employees. U71 sites. Section 26 Permit for Removal of Refuse—Prereq '`Charges Section for Service. 28 f Provision Modification. Section 29 Right o Section 30 Right to Chant Franchise. Section 31 Penalty for Violation of Chapter. Section 32 Civil Remedies Available. Section 33 Severability. ;dative T The City Council finds and determines that storage, it rubbish, solid waste, debris and other accumulation, collection and disposal of refuse, trash, public concern, in that improper control of such matt discarded material is a matter of greatp fire hazards, illegal dumping insl creates a public nuisance, which may lead to air pollution, c the health, welfare and safety of t reeding and rat infestation and other problems affecting b recognizes tha surrounding cities. The City Council further residents of Diamond Bar ands 1 regional, and local importance and that the recycling and waste reduction is of national, re , g transportation of solid regulations for the collection, disposal, recycling and Of uniform ed to elimi recyclable and compost able materials as provided in this Ordinance are design alleviate such problems. �lPfin• For the purpose of this Ordinance, the following wort II er set out, unless it is apparent f phrases are defined and shall be construed as hereinaft context that a different meaning was intended: 2 all forms of domestic L1117,VL, -- livestock ,,imals Of co 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. w IM -MI WA Council, means the City Council of the City of Diamond Bar. ...... ...... 4 >:'> ::<`:* .:;:.: ��>� ..:.. ...... . ..:... �:... ;.:.: _.....::....:...::.::.,.:: �:n+:•t::•r:r:��l::.:;rcw$fYYk`9Y�.C�lii�;!i/...�!7.^,F_i,14!},..�..:..a .......... "T. 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Ji}. v.Y:,a'{iy.,ar,. -:S rf:•i. �.:`d:?`�"a',tt�'r is .i::ffi::: �• t.: i'Sss' ilk : -:nom:::.v.......:nw •'l.•}S:{Y ......................................:::::: •:-:::::.•::::::•:::::::::::::::-:::::::::{.; }':.v: •1""F.•}: }J}l ;:;'::;:: }::.}::YY}YY':•;Jy}}:�Yi .................. .................................:....::;:::::::::::::::::»:::.,:.::.::.:.::.}}}}::;.}::}}}:.��tr�t;.�::::f;:t.:}'.�;;f:ii'::;:if?isJ'ff«}:<::f:}<:;;.;}•:.>:<.:;.::.: Y"rSi :•Yv: '•Y'r .b.. v:2�#Ava}"«£•: ##;Y::ir': }}} :fiai-+' g�� ',:q•,.w . w+■ic:2:.x 'if="` ':j. :; w•. „c:y:: •:::: •f::r.�"i}}�•:i�fp:-:J • • 7tlY5' 0 `` "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. �:.:::::�::t::'i::•.::E'::�.t::•i.E::.:."l.2:t....:E.:�.L:E...�e:..::..S.:',...:c..i}.....:z.....:,t..F..:{...'.:si....:....o:�..}..:.4..:....i.:n,.<...:.7..:.:Y....:< ..:.I.::..Y.{:..,:..::,..:F......:..• H.:::..}.::?..•:Y;..•.:.:..t..:o ;..::...:}...::}.�....}.�.ryn:::':`:..t:•tt.::•{:o:::...:.,}}:i••:':.v.nyi:Ft...}�t,?.r•:: �.Y••v:.::.'i:.:s:.:t:..:,}::..o:}}•-:v.•`+,•r.::-:::::.f :.}•::: '{-.:•,.:.`:}:',.:...•:,i,.YY'..?•.vv}I:}.„-:ii:?:.,.•,,yt{,.'}i'h.L•}C::•ik•};.:.:}-}:::}.:.Y}}}::::: ?: x o:..•�•i.}7'u}ti.::n.?t ::{•%:%:•,:.J;:,j•c}{„:j...::}:ci:i,:.%l•::v:i .?.'?:. t:,:Y::(:..i,,?•.o: .'::{nt ••.a:i?:;,: Issue ssue ?P.:t:..<?..r{•}::}..'::r .:.r{:•�:efr�r{ :;:.•5aF:.::4•:�mC>t: }. : •::,r :»r}O.:..i•�:{ X.i.tY•:,r.�:.::} :Ss7:,:}.:'. • 'C. :,{:,. �'r:5r.•%,%:a;or: �.•: -'..rY',$}..,:Y :}-Q}r.:rt:.:{:.:,f'S.�r4}kt;::�:{+?f•.:'t}i:�:rp .:•e:. !)> :2!."`.0..rYri•::.:�-;:.'FR:.•::/.'%,':•..{,i�::>,::n$X':rit..:•-Y.•..:s:t r'.ii:..h::. °.:;i:r.:.'•? }..'.f'?:..e:.::Y:'. ..`.y i. irix: o::<.:.:. . :,i `•} :GiE1E3: .;,.;,.:{R,:.. r..,.,.: k:. {:{r.;.,�, ti' ..... jry.•::. r.::}ja•:r.. tt<?.} .ft$ :. : r,; .f,.. ,}c,•. ,Y#::.t•.E•:•.z,t ;. f a ' A .. :>.....:......: 't: •?::{9?:}^: -!•i :Yr.:;"'t:`-� ,s}` f"%'+%• }'YEi?ii:Rv^•.'•itY'i,.:t.:.t?c.,Es,tta..??f<tEi n.iL::'t'fs}c:?,}.'?t£:tf r?S }{. ?}' ..t;.t titq}' }?:fs:x:.::Y;}{�:ltpQ�firFu-{?t} a't+::}" :?f` N v ! ' r;f''•' r:' f..�.:;.?}}:?; # ?34F. `# :rr{ ?> #: .#? {.} ;:.'�}.:.'{# Y {{r •'t%::1�?� Iva MAM ..::::::......: ........... :<;rr;.�::::�::;tcw:??uw::.::.{...r••ur->•:.. /.•. srre: : 9:.;2 r' •-:,:5,.:. ?:}r-}�wn.yy�{:{•+�•�� ,. f''f.,., S.2;S #x.;''if: .;;.}•.; •:.�: ••....r::.:::}•:• }•e•• .: .. ..:.. ..,f�x:n;.�..T .. • „ .. y�jj Edi♦ .. ......r •: •:?:•Y.•}±:?.y::?: n�. � e:..v:?:i::.•???:'?f:?'}}}}:'riY}:ii:•:}?!Ci}{}.i:4::?iii}iiiii}: Lii:viv:� ii: ri: ::::: ::::::::::::.�y.�::.....:•:::•: }::::..:. �:::•x:.:.:::: ,•:::. �; .»::?•:::::. •:: •:.�:.r....;; .._r..n:._::r::::., �::: r. -:.,w::: '::i;: {<zziv..:;ri<{:'Y.;.v.v..Y{ A;- tY. ..:t• :.c,.. .}::.:: �:.?: day{■]���•rti�;:�., �i#�i.��� tiM1'�?•.. M1,,.,. .rl,. l v�., t.,--:, •�:,.� •^" `�X.x;r:v:::: n.: fi:.»,v.v..�:: ::::::::w::. ':>}::}:'::::.:::c:}:s::::t:t??. ::..}. ::.:.:: :.yr: ......... ::�. :.#.}: :::;: .::.�•:: K-w:y �::...?�. �::..,,v: {.w•. '.. .}::•;�fr ..i•.} •• L .SS•Z!Y:. ..... ttL{ Lam:-?i:Y , .I ' ONMO • -s. In, I Imm.I TQM', • • MUSTIN Council determines 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 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. "Section 5. Unlawful Collection. 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 10 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. .........................::.::.::::::..::::...;:.:.;;:::.r.:::::.,;;:;;::::;.,.:.:.,...::.:3»:ss's::>:> <:>_:>;:>:<r s:>`• ;r">:> ?`:fx >>»>'>:: ;: 11 "D 16. 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. E 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. ion 6. Permi+ to have Ex 1 iv ghtS-- Excentio�. Excepting existing rights that the i 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 iiiiii ..� •. - - Eel plill ud I lie]:------:uL•W•!Wilu«. •r ■ria��auu�en�.�r•ia•��•ay[ r.�a►�-�ar_n�.�:!�'�•i•ua�ua..�n=� 13 ��, ection 7. Collection in EmerondU. CilcullISMIX-5, Whole 13 14 RIM 15 'y frf �':{�!ri •f:1r4:rjr} ::i iUtii:jf�{.;y r;:Z;...}::•S __ riftk}frrii%'.::Y};:i:y:i�:i �•.'•;•':'.}:.�r..•..:}'yi{ ;�y} �:�. : :•::: :•: :v::: is /. n..� .::.: r.::: i.}••::::: is • :•: • .r .. __......:.:::::.:::.>:::::rr:;•r.:::;:St�rrif ::'::`: "•;:2::ti$i�xi3;:•iiii%;r'<•_f_aL�r'a�wiYi�[�f .. vn�,.::'' fii`vi�i •i•:'R<;'n,''.i:: :y r::'• tiLy%}•'''i�S:t¢Y� ...... :..:..... if:C:+•4: i}ti^Y�;j":':'i: �i;•i:,•, l.L.•: „�- nihage• Pernuttee shall exercise all reasonable care and . ,ion 9 D��,�Pr^pection dili ence in collecting refuse and recyclable material so as to prevent spilling, scattering or g dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence, clean up any such spillage. •! .' •.� ,Inn •!o 1' 16 f UGII I tfi M;l iY1�I{1J 11111_ /�IIIIY•IIIK�il A�lll�iY.IIIhIJ (:),Y�11111•L:LSA`I R7f�1 �:A`f 11 r.�L113;1I11�71I1{�i1�I1U11�11111:1 (1' 11n11MIMIjor. .711ao111tmi1 �1 • IAYa ll=lnnlii�ltt'ult�i t�illlll{�Ilt�lll�(H�/A`ia ! �y,"AN :r:S{OWN �a7� }}}x;•iv tu:####A: '•`i';:}'::i> .:}£:J:�'f, d x• �:x rt -w tY':ri' ': k:Je: ; ;}4t:}}}:.. qL ''] y f y Y i}} •s ..: R . .##'. n Y : .: .#:.,,r f..; •r,.; •;Fs:} i' r r; •:j::}•.. }: .:}},1'�•. }:: }>2 N2kj •ss; „J;�aM�;�l•.,:.1:�.,,�..:.:.'�• ���:L;�.?RI..�..�'�.,��'.9��.: i4 f} nT . 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Y.. .::}f}}. :f..:.. ::Y:... -... ..: { :::.;: }.,. .. : ^•.3T'fi •.!f L.: ••n::::.}..... .n;, .... .. :.: �:L}':;:?:iFii,:F:%:;kx.;}:E;:;;xi;:i:.,..yYy;.;.�;; . ��/( Fr � }#. •.}r;: yp +� „ .:y '�. }'{:.f•Lr:isji:}:i::YjSi.•Si?}}:'l,.i;..;j#•4>�-^'(i �iiY#::j:::: ���,��,,./:��?Y.•..•�:.r...•.•.::T;}y,•:,:•;,.,�.,.,.,.�',.�.,.,,.,.�,.,.',+c;�l'.<;{.: :... :�•i`.'!!••�:,�,4.ba.:.. F::.'�`:•:.�.. is y xr.:.}. •:�.....nr,'r".: 'r}'v. ;it,:. 17 .....: ..: .....:{-::.;{.i;t.;,}..; .,}..{.. ...... ...... .; ..: ::. .. S'{c •{ ;. :..: {':t••{t .. c•7.{. M }, •}}}},, },.•}n.: :}. .}}}S}}S}F}>}:•r }:}}:/i`:i<FF::FF•:FF;F: F. .. }.F :S:}}n :.}:..}}jF�<SF;:r:SFj:::G:FFjF;+:j..54l:FFF$FFFY}ij;:4•:j$Fj. •FFFFF%�F,v,:FS;:tfiS F'•Y.>i. F}•jS'FFFY'FFFiF '.•}:<{-F:c}::g:;:;:£.�.,--.-?�-.;t :t�:{ •{;��ti�'*i�;:�•.ai%�,r}d{F{::c-}>:r..:.'•r•>:•:a{�.;�{.;{?{.�.}-z.-�-::#:{::`-..::.t�:-:� :-:#?: }.•?:::'<,t.6...3-:.:{.:::: 1174+. •i:.i..... .:.:y.:....• .�i35, �i9fJY,.: ilfii.. •V.F'1F.::F } D!•':•}:•}• "$ 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 designed bags, as above mentioned, or cardboard boxes. If cardboard boxes are used, the cardboard boxes, along with the contents, shall be considered refuse set out for collection and both the cardboard boxes and contents shall be collected. "e A. Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or wire, in bundles not exceeding four feet in length nor eighteen inches in diameter. "L Newspapers and magazines may be either deposited in metal or plastic containers, as above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty pounds in weight. " E ?fir. Extra or unwanted cardboard boxes shall be flattened and tied in bundles not exceeding four feet in length nor fifty pounds in weight. " 1* Any container designed to be emptied by hand shall have a capacity of not less than fifteen gallons nor more than forty-five gallons, and which shall not exceed fifty pounds in weight when loaded, adequate to contain the amount of garbage and combustible rubbish normally accumulating during the interval between collections thereof. 18 l•��i=��a.ir•�hi=i r*y.�tortOL���.��:�is�via e�i=sisn����i :::::::::::::::::::,r �:.}Y`"L}}:;•}:.:.., :.,•. •.... .....J<+;:s<SSS moi.. F {.: .. 'V, ............ ..:::. r}:. •:<:.:;,,}.+.:+r+ '3 ';'i •:+<:..i. ..3�}•.n r! �•. .F.i.:!<, Iit.; ?Jls 53:E.,+�..:�•.•:..••�.••••rn��+���1�'•:ix��„<v�r,�•'.•.•.S�°,.ri�r��'.�:���f.•'.,,�,:c• x z�,'',•.,::5<>`.:'•.,,•���.,•'.,•:nv::.w,.:.,•..•. • .•�•�,��•. •:::: v::�...v... r:r�••:. } •:+J.;t<i+f•. •.,:..<,:}oRL.t �;t2+:::'::.. <;;uf":tf`:':: L.::•`�:<'k};':'4" •:";ktir.<� •� rL,'J{: �•• /,. r ::v4,C: ���<-•:'-`...:.i'�: �.fi.wr:�v: :::::::::::: x: v.�}-:: x:::::: nwn ;: x: v.�•.:• :J.+<•, F`lh,+:i+:f4, ::ntii .....; .. ,.}�.•. .•�r�'r.•. •f•'•YS?n: .: Y . .. . • •+��'•� �•'-• .. yrs LS x. .. N .Y .. }F:' .. . : .. .. u`. ii . ..:.... .. ... ... ........................................................::: ...: w:::: w::; v: v. �: v: nr...::::.•••r.:•.:. ;...r•':Y.}}:"+v 'L:'r:'::.,� ...i ti'.}•+•:Lr.; t...i.:�. ::.v::.v.; .... ; .....�, .. ., ..n er:• .j L 2;'....k 2, +rya{.,v.,,. ;.': } •.4 kiFL2Sf .� '/',t�:•. . •rri}FFF++` f'3k":n;�:k::4}n,ryfv.• � r: 'i:•IX+: � •r[k{}'h. ............................................:. �:::.�:::.:.�. �::::.::.:.�::..:::::::::::: �•}}:•}:.;•::::::.},.:::::.}>}}>•r.}:•}••}r:•}:•k}:S:}:SS:`:; •ky}}:SSS:::`:S:;:F<:}.'::,;:: •r:'; �>S::SFii•r:S•:Sf: Fi:ik::f;SfSS}ffir�:rY:Yr{�;}}'`:.}}}:<:: :•f:•: f;ir:+;;»;.:;;:; ::}:Y• f:S: r}}'�•} � :{<?2; :k.t.. {.;, s3. }',••r•i<:. , .,..}.s.}r:..:::.:::.:.::oryrrrrr>>:;:;rrrrr:•r::sr.++srt •:.:.:,:.,.:.:. •::::' .. ;;.}f}Jry. ++ ...ky; :... ::�•:fr ..ic,r ::.: .:: �:.�. �.:� •::........::::: <•:< ::}:•;:::•2 .:?<,:•:,$x•}:•';•:;{•r.•�:;�''ti2>:5::'�it • ::••:i8:k?k.....,.. *•}:c <k,.. ;.. }5;: : ;:: :::: }'f 536 ............................... p?` "Section 12. Placement of Containers for Collection. 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 19 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. "Section 13. Time and Date of Placement of Containers. "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. T. 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 20 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 any container or bin from the location where the same shall have been placed by the owner thereof or owner's agent. "Section 14. Refuse 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. "Section 15. Refuse Disposal. 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. "Section. Special Provisions Regarding Method of Disposal. "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 21 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 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. .757 b4.. is :}ON ';i: .........a:•'%•.•.•;r:v:::�w: :j::::: �. �:rt:.�:..Fy:���,:i�A•1Y:]K'•:�i:i7iiV���<��ViliJl•i.;?ii:: 22 .......................... ............ .. ......... .... -k"**"""""":,:":,��""'" ............. . ............. .. ...... .. . .. .... ....................................... ................................................... ........ ....... ...... M M ............. ...... . .... &OWSMOWAN.17rel �1- :iTrvmrGmD3 "Ill ll-JELUOJ - ---- Nis L" lapis 1111111. 911MIRR"Autsl7lut - ;424 1111wol rM Aff", . ... ............. ..... .. 11 23 ...........................................:..:::..::::::....: v:: w...-: w- : n;:?. i�Y {NL:O>:f>:•::i:i:i:i.:iv'," :fL:L{i{+.•>+:.:;tx'r:{{tf�iFir''i'f{t::i::i:4:;'{�:-:-:� ..................................... 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L:Yryl i':i:%y i jj FSS {S�: :::Y.:!{M:4:{:}Y..S• . ' F.FR� - t r{ ;.,; .. J?.•}.?.• .. .,} v .. { . r "n "Section 18. Duration 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. 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. 24 ............. Y .... A NOW ♦'l. 1. RRIV • •. "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. 25 I=UD EEUiDA— >>L'red. 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. �• �necifica ions and Restrictions on Collection Trucks. All trucks used for refuse, recyclables or compostable materials collection within the City shall be required: 01A, 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; 26 :s:.£. •#'rr }; ''r5'.f:11 .;,,+.o;{.-, :.. � n}:q{>o-•, :s::•r.:::{rs? {;.•: ::v;:c;»;.ay r,...2:>.:}';:::i':}i}>';kii:.`..:k52�r �:2;�: `t(:?�:::::: i:i.:: "r.'%£f`f?.`:;`; •:;• ..:.:.. :��R. ..s. :..:��.rG.i.•. I,`�r..��. '..••.'.,�•,�,},,E:i��:£1!: `:.�•Y.•.v�.. �'..�. ��kk'. �':`it•:�3{: � ''::�.i� '� :tki:it:;{rs}r:i.:^sxr}:�}}}::.:ssssrrs;}>}»}..>:>:s»:}>.}}}}:>}ssssss'•r•}s:;:: }..::. �:.�.�:::::.�:. ••`'tt•,�'• :,:SSS::: sµfSk iii: •:Sift:: iiii::} Sff:>;Si:.2:�ii}}}{}3:':Ss::fL.'•:'• t .:.::: Y . : $'•:{>:f;h{}:f<:}: }:}., ^ v .^' }' i ..}:;:.: }}.,� ., .;,}..: .:::.:} }yv v ••}'h}•. v: }�f::.i:•vr :•::i: ry y:; .} ::: ;•}X •::. •. .::: v. •.vnv. •:.v::::::::: :• 2e t,:rk .w.,tv. ,•..•.E &} }• ; #1 :,kk ,;}E :..,;{. #, • {«#'?c: :{:if :.,}}k .. 5�, ....kkik>ktk::;:r�R'Y;'G:�"Y}';:•}:f<:•`:�;3+n:#$:C}'n:Y,<i:f: :}:j}}:::•.;:.::.yam: •• :::.}\'+::: ..............:.:.iiti.......................i:.w•i.::"4:U.::-:}.v:: •i:.;'.. : r.<: •r<C.f:>• t :. �s,S. f. -F ru •s:.::>'.: <::fk:}r .:: f.><.,,..y,: .,..fitt:..,r s r;:;;�;;{;:::::5:::;$;:)i:•.'•:::s::::�t::: :s}:':s':k:;::i:::: t.0 w •!i.•4: r. i'� :,' Jt � N< • Yi2:•a`$:� • :: {. k•.:, . k wfi- w is":�#.t:.,•.,�.,,} ttcakt #tit#tat :e Pr- TWOMM L . 1 1"y •! :::..::::.:::.:...�:.v.;rrr:}}r�.rr:;:?ay}rri;i.r::� i:i............ :........................................:::::::::::..................,.................................................. :;:::.:.;.... .:. .... :.. «.: •:. ..... 40-11 }:;:; ..v.. ,•::....'.:<�:fssr:•s^:csr•'s:�:icrrsrss�ss}s•: .,;.�:::..».v ::}i �ws:..::.}:. ::.: .......: ... .::..... .: }s; ... ,. ,::::r..; .. �.......... .::.^•.Y(Y#:';'Bast>^:S:>'•':{:Sits:: 'ti;S:<�::,:• �:.� .s:4:: •}sx:;#:? tf±l.:..,;,:....:..:?k "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. "Section 24. Permitte '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 27 normal working days, and at all other times with some type of mechanism for the purpose of taking messages. "Section 25. Permitte 's 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. T. 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. N 011 ?':k::.:.{•:. 4<� } <:�f>�'`•i::. ::3`:>'£..:%r:?::Y+ff<><>::f: ck:.:i;;�;};•; ';•)',c':iiti:F?^ :::•$if4: f:?:L: UY.•� is �4: ":''/.•:::;i: vi': ':'•::Y.:; :....a:: ........ $..:::;.t..:.:.:::::;::.:.:::. t : :.:.:.: ...:.•.. ti : ::}.... �y; ;•:;.'..Y,::; y.. ;.ti:Y •r ::::�(.i:: ,..t :.#?�:x$?` ;'?. +•:r:.::::.t:: Fr•:f,.:':;:.; ....:. .. ••... < ;:. ;•x..4.5.$;;;.'•...; ..,..,.. 28 ;:.; •:::::::.YY •'1.•�::{: �}}}'::.::: r::,:::: .}:.;':''SSS:': '<':Y: :.: : 2 .: .........t,}. `: Si::+ •: iY-S `SS' :#LhF:^`v^' th ::'f w. f:::.,: .. 4>:.F::: .F::• Fx ..{.{:.: .h.: ^SF'': *'�r .F. 'i4 }ii":FFFF�: Ft:'<.:ji;}Y: ft:�-{•:}: :tt�vn t�,��r .:j:,.;'f�.. v.:i: ::,V:. V:n{.. .. ;....,:}t• •: :,.}, .:., R:' ::: •:.; 4.:Y:.; .....,n....}`w.... �#'•.:?:..;.t:..;.{;,+f.{...;?::Y�t.Y....i..irriz:t{tE y:?i� L• w• :•}:;UM+,{;r,{::::::j::L:;ttt;+,{:{•p}:{•}:'v}:,}:.:::: ..... nom:. ..:. ............. •}:Li::{� �;{O:;ptf: "; �'.}+'r:4: y.}.:: rt{y::.; :.:: ... . ...... ... (:: v:: ::..... .}... i. }.:w••Y•W �.•: SiS:;...i.::"+'o}i�SSl:St;'6'::•}}:•}•.}StS': ........ .... .Y•.::.:. 'r+}: [� :ntr:: •>: •x:;tin"';}.yl {.:.t x.F/.: :r y.l..F: �.xF'hr r}: rF :¢. :.F':C �S;;yC v r, '{::{C. •;/r i.}\f:;p�•�.;;:ry�:x♦.:..:i5":v::}S:�:yi;.; �':i:y::i{::. 1 1 MU �< �sl >, : .^�+. >ri>Yiv .ti:p •3 : . {•:C ..}{{:{>i •:;:...:: {: { •: Jf. '.}}: �;:, :.:: :�/:' i <'> t :}j ':r {�:S'{:' . .,ir{S?'}J>Sl' ti` v :<': ' iii}s� .. :�ti:�•�;• •:5•: y:. ::aiE't:::fk'";%Sts:.. >#; ,;5,.€,. .,i,•.• j r:t;::•tr 'frY:.f�;i's�i j�;; "(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; 29 "(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; 11(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 30 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. 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Bonding of Permittee. 1 • • .1 - • 1 .1 - • / - 1 - 1 .A r• 1 •] INIESM41 L.AIIjv1 • / • - - / • • • t - / • • 1 . • / • - - 1 - • / . • 1 .1 t / 1 • 1 • • / • - / - 1 • I • • 1 • 1 41 /wilt 1 / - - 1 1 . 1 - 1 • • • 1 1 • • • / - - 1 1 • m • °Q .7 0,. f;. k /av c a a0:� ✓f 8 R o• •` 8 35 11E Indemnification by Permittee. As a condition of the City issuing a permit, hall agree to appear and defend all actions against the City arising out of the exercise permittees gr to ees and of such permit, and shall indemnify and save the City, its officers, elected officials, emp y kind and agents harmless from all claims, demands, actions or causes of actions of every • ..4... •i ::: description, d and all related attorneys' fees and court costs resulting directly or indirectly, anany but not by way arising out of, or in any way connected with the exercise of the permit, including, of limitation, any act or omission of any officer, employee or agent of permittee. "F. Liability Insurance. x Y,.W. •---- tV uiv -.1 r--- 36 37 . .. . .. .. .......... . .................. ................ .... ...... ......Nil ........... x. ........................... 38 ............. iiijiji Se:^i>iiii;:l:'vFi'�:C:y : i::ii': t:.g;;':y�ti%{�?•,:'.::: : Ill. 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 withal' 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 applicable laws and regulations of the Count of Los Angeles and regulations of the City and app gu y 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. .. ...... ...... .. .. .. W ......................... NOW" 40 M. Assignment or Transfer of permit. No assignment or transfer o permit g. an ri ht accruing under such pest shall be made in whole or in pursuant to this Ordinance or y g assi I,ment or p� by the permittee without the express consent of the Council. In the event any g he Council, the assignee shall assume the liability and all other transfer ms authorized by t '>> ' 1 of each permittee. Each permittee shall file, on or before 3ui9 obligations of the pemrnm and shall verify the same as being the City Clerk, a statement of ownership ........... ..: . calendar Year, "�s........r o P m] nett under penalty >::>:»:;:::;:x;;<" true and co....... ...... :; ernllt may ne rGwVn�" --. -- . 11C. Revocation. A P an unless event there is a change of ownership of any kind or nature of the operating company, ev the City n obtained in writing from the Council. If it is determined by approval therefor has been ermit, and all ee has not complied with the provisions of this Ordinance, the P Manager that permmtt shall notify the applicable statutes, ordinances, rules and regulations, the City Manager other app liance within thirty (30) days. permittee in writing of noncompliance and shall order comp 41 „j fnoncomplianCe is not correct Council, ed within the above -prescribe following a public he d thirty (30) day period, the te'7ninate the anng upon at least ten da permit. Ys written notice to the perinitte e' may „A' Collection on the owner or occupant Charge. A charge for the collection of each reside ofrefuse service is made residential or shall be unposed available Commercial units to The Charge so Which refuse collection Permittee from fixed shall be the owner or occupant ccu a c'vi1 debt due collection servicePant of the residential and owing to the is or co City or made available. The commercial unit that the City Council to Which the Periodic collection hereby specificall benefits of refuse and rubbish from Y finds and all occupants and re esidential and c residents of the City, provides f commercial u persons in the Cit nits Y and, therefore °r the health, safety :ollection se 'all such occupants and welfare of service provi or owners are liable for the all ded for hereunder, whether 'mselfofsuch collection se or not Payment of service. any such owner or occupant avails Rate Adjustments. 42 Cli - 43 Nil 44 The City, subject to all apphcao►G franchises for the c ollection of refuse, rant a franchise or flan specifically retains the righ t tog tiles materials from any residential comp°sta °r commercial units. recyclable and It shall be ulawful for any person, firm, fo TOV1510n 2SUor to fall to comply vnth any of the. or corporation to violate any p or corporation violating any partnership, firYn, partnership, Ordinance. Any Person, 1 be deemed with any of its requirements steal requirements of this to comply ' of this hall be punished by a fine not exceeding Ordinance or failing Provision ' misdemeanor and upon Conv1CtjOn thereofs or by both such fine and guilty of a nu six months, imprisonment not exceeding ilt of a one thousand dollars, or byoration shall be deemed gu y Each such person, firm, partnership, or corp imprisonment. thereof during w�ch any solation of any day or any portion d every permitted by such person, firm, separate offense for each committed, continued or perms Ordinance* of the provisions Of this Ordinance is commi . hable therefor as pr°ceded in this ' or corporation, and shall be deemed punas partnership 45 The violation of any of the Provisions of this bated by the City through civil process by Ordinance shall constitute a nuisance and may e a u nction or in any other manner provided means of restraining order, preliminaryor per'nanent'nJ by law for the abatement of such nuisances. declares that, shouted any P rovision, section, The City Council ��Car i final court rendered or declared invalid by any a h, sentence, or word of this ordinanCe be reemptive legislation, the P�agr P or by reason of any p action in a court of competent jurisdiction, emaining Provisions, sections, paragraphs' sentenc es and words of this Ordinance shall remain in r full force and effect." d shall cause rk shall certify to the passage of this Ordinance an STCDON-1, The City Cle of Diamond Bar within this Ordinance to be posted in three (3) Public places within the City prescribed by Resolution No. 89-6. fifteen (I S) days after its passage in the manner p 1994. OPTED AND APPROVED THIS _— DAY OF Mayor 46 f the City of Diamond Bar, do hereby certify that I, Lynda Burgess, City Clerk o of the City of at a regular meeting of the Council Ordinance was introduced 1994, and was finally pass at a the foregoing Of of Diamond Bar held on this —, day and gar held on the � day Diam Cit of Diamond ar meeting of the City Council of the y regal vote: 1994, by the following COUNCIL AMBERS'. AYES.. COUNCIL j j6MBERS NOES: COUNCIL NIF ERS: ABSENT-. BSENT: COUNCIL MEMBERS-. ABSTAINED: ATTEST • City Clerk of the City of Diamond Bar 41 CITY OF DIAMOND BAR I N T E R O F F I C E KE M 0 R A N D U M DATE: June 3, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Administrative Charge Percentage re: Landscape Assessment District No. 38 At the City Council meeting held on May 17, 1994, a question was raised regarding the percentage of the total appropriations for Landscape Assessment District No. 38 being charged for personnel services. The amount shown in the financial analysis is $37,800 which is 8.5% of the amount appropriated for Fiscal Year 1994-95 ($444,120). 8% of the appropriated total is $35,530. The adminis- trative costs cover charges for community services personnel, engineering personnel, management and finance personnel. The City has not established an administrative charge percentage. This data is provided to you for your information to assist you in your deliberations regarding the assessment for Landscape Assessment District No. 38. 0ITV or DIAmn" PAP, AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager PORT DATE: June 2, 1994 MEETING DATE: June 7, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Assessment District Number 38. SUMMARY: The City Council at the May 17, 1994 meeting approved the Engineer's Report and ai Resolution No. 94-22 to declare City's intention to levy and collect assessments for District No. 38, Council also set June 7, 1994 as the public hearing date on the levy of the proposed assessments on asse lots within this District for Fiscal Year 1994-95. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to assessment for Fiscal Year 1994-95 for Landscaping Assessment District Number 38. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification X Resolution — Bid Specifications _ Ordinances(s) X Other: Engineer's Report _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes — No by the City Attorney? y or 4/5 vote? Majority 2. Does the report require a majorit 3. Has environmental impact been assessed? — Yes X No 4. Has the report been reviewed by a Commission? _Yes X No 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. Usher fr George A. Wentz City Manager Assistant City Manager Interim City Engineer C: \ WP6o\LINDAKAY\AGEND-9\DISTA38.607 CTTY COUNCIL REPORT AGENDA NO. MEETING DATE: June 7, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 38 ISSUE STATEMENT: The City Council at the May 17, 1994 meeting approved the Engineer's Report and adopted Resolut No. 94-22 to declare City's intention to levy and collect assessments for District No. 38. The Couni set June 7, 1994 as the public hearing date on the levy of the proposed assessments on assessable lots said District for Fiscal Year 1994-95. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fisc 1994-95 for Landscaping Assessment District Number 38. FINANCIAL SUMMARY: The revenues generated by this District will finance the cost. There will be no impact on the City's Funds. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 38 are the medians and parkways throug City. For Fiscal Year 1994-95, the construction of Golden Springs Drive medians are proposed as Ian, improvements between Gona Court and the westerly City limits. The primary benefit derived from the installation and maintenance of said improvements are thebeaueaes u of open spaces which are used by all residents, and the general enhancement of the property community. These benefits derived apply equally to all residents and parcels within this district and t it has been determined that all taxable parcels wouldreceive the same net assessment within the disti estimated number of parcels within the District is 17,383 parcels. The amount assessed upon the Ian District No. 38 for Fiscal Year 1993-94 was $15.00 per parcel. The amount to be assessed for Fi 1994-95 is to remain at $15.00 per parcel. The proposed assessments are for the purpose of (1) meeting operating/maintenance expenses inclu wages, 2) purchasing or leasing supplies, equipment or materials, (3) meeting financial n requirements, and (4) constructing median islands on Golden Springs Drive between Gona Coul westerly City limits. Prepared By: David G. Liu C:\WP60\LINDAKAY\CCR-94\DIST#38.607 RESOLUTION NO. 94- OND A RESOLUTION OF THE CITY COUNCIL OF THE OF DIAMOND OF MBAR ASSESSMENT ON CFOR THE FISCAL BAR LEVY ING AN ITY LANDSCAPING ASSESSMENT DISTRICT NO. 38 YEAR 1994-95. A. RECITALS. roved (i) By its Resolution No. 94-22, this Council app Cit of Diamond BF report of the City Engineer related to Y No. Landscaping Assessment District 38 prepared pursuant t California Streets and Highways Code Section 22623, described t] im rovements thereon and gave notice of and fixed the time a P place of the hearing on the question of assessment thereon 1994-95. A diagram of the area encompassed by sa fiscal year as Exhibit "A-1.' assessment district is attached hereto commenced pro erly noticed, co (ii) Said hearing was duly and p P the South Coast Air Quality Management Auditorium, 21865 E; Copley Drive, Diamond Bar, California on June 7, 1994, and concluded prior to the adoption of this Resolution (iv) All legal prerequisites to the adoption of t Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond does hereby find, determine and order as follows: 1. In all respects as set forth in the Recitals, Part P. this Resolution. 2. The improvements specified in the report herein referred to which is on file with the City Clerk of the Cit Diamond Bar are hereby ordered to be completed. t diagram contained in the report referrer 3. The assessmen e assessment of $15-00 for each assessable 1 n said assessment hereby to hereinabove and th adopted and confirmed a located within said District are hereby e 1994-95 fiscal year. is levied for and a expressly overrules any 4. This Council hereby improvements specific protests filed objecting to the proposed herein or the assessment levied thereby it all moneys represents 5, The City Treasurer shall dep special f� assessments collected by the County to the credit of a for use in Assessment District No. 38. Clerk is hereby authorized and directed to f Audito 6. The City together V r, the diagram and assessment with the County tion_ on its adop a certified copy of this Resolution up ram shalt 7. A certified copy of the assessment and diagram filed in the office of the City Clerk and open for Pu inspection. to the adoption of g. The City Clerk shall certify Resolution. 1994. ADOPTED AND APPROVED this — day of (MAYOR 2 City Clerk of the City of Diamond Barr do LyNDA BURGESS, was passed, approves I' Resolu hereby tion that the foregoing Cit and adopted certify of the City Council of the ted at the regular meeting 1994, x of Diamond Bar held on the day of the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: ess, City Clerk Lynda Burg City of Diamond Bar E ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 1994-95 CITY OF DIAMOND BAR May 17, 1994 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6809 Indiana Avenue, Suite 201 Riverside, CA 92506 TABLE OF CONTENTS Fm INTRODUCTION I BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 5 ASSESSMENT 6 ASSESSMENT ROLL EXHIBITS INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1994-95 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landg&q:WQ Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Specific improvements to be serviced and maintained include median islands on Golden Springs Drive from Gona Court to the westerly City limits. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 1994-95 Fiscal Year is as follows: 1994-95 Recommended Budget Revenue: 242,467 Appropriation Fund Balance (from FY 1993-94) $ 260,745 Property Tax and Assessments 4 0�0 Interest Revenue $ 507,212 TOTAL Appr Mdgions: Personal Services $ 29,100 Salaries 350 City Paid Benefits 3,950 Benefits 1,400 Worker's Compensation Expense 450 Medicare Expense 3,550 Cafeteria Benefits Operating Expenses 77,200 Utilities 19,200 Maintenance -Grounds &Bldg 3,920 Professional Services 46,000 Contract Services 260,000 Capital Improvements',Q�2 Reserves $ 507,212 TOTAL ' Note: Capital Improvements include Golden Springs Drive median islands from Gona Court to the westerly City limits - 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would -receive the same net assessment. 5 The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $ 260,745 Estimated Number of Parcels: 17,383 Estimated Assessment Per Parcel: $ 15.00 1993-94 Assessment Per Parcel: $ 15.00 1994-95 Assessment Per Parcel: $ 15.00 MMI E Difference: The individual 1994-95 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the Cty of DRmond Bar not as Exhibit x ib t "B" and are made a part of this report by reference. ( M this report due to its volume.) �1 �101 -, /`��i� *, FRlfa O * — NO. -27.961 1 EXP I. y _, CIVIL GFB-FRIEDRICH & ASSOC., INC. 7 AV, tv\ Ile CITY Op I3IAUI= AID AGENDA REPORT AGENDA NO.-/ TO: Terrence L. Belanger, City Manager MEETING DATE: June 7, 1994 REPORT DATE: June 2, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Assessment District Number 39. SUMMARY: The City Council at the May 17, 1994 meeting approved the Engineer's Report and adopted Resolution No. 94-23 to declare City's intention to levy and collect assessments for District No. 39. The Council also set June 7, 1994 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for Fiscal Year 1994-95. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1994-95 for Landscaping Assessment District Number 39. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution _ Bid Specifications _ Ordinances(s) X Other: Engineer's Report _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? _ 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVIEWED BY: Terrence L. Belange Frank . Usher 10 George A. Wentz City Manager UAssistant City Manager Interim City Engineer c: \W P60\LINDAKAY\AQENDA-9\pISTA39.607 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 7, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 39 ISSUE STATEMENT: The City Council at the May 17, 1994 meeting approved the Engineer's Report and adopted Resolution No. 94-23 to declare City's intention to levy and collect assessments for District No. 39. The Council also set June 7, 1994 as the public hearing date on the levy of the proposed assessments on assessable lots within said District for Fiscal Year 1994-95. It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1994-95 for Landscaping Assessment District Number 39. FINANCIAL SUMMARY: Personal/Administrative Services will be borne by the City's General Funds. The revenues generated by this District will finance the remainder costs. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 39 are the parkways, mini parks, slopes, and open space areas. For Fiscal Year 1994-95, no new improvements are proposed for District 39. The primary benefit derived from the maintenance of said improvements are the beautification of open spaces which are used by all residents, and the general enhancement of the property values within the community. These benefits derived apply equally to all residents and parcels within this district and therefore, it has been determined that all taxable parcels would receive the same net assessment within the district. The estimated number of parcels within the District is 1,280 parcels. The amount assessed upon the lands within District No. 39 for Fiscal Year 1993-94 was $73.50 per parcel. The amount to be assessed for Fiscal Year 1994-95 is to remain at $73.50 per parcel. Prepared By: David G. Liu C: \ WP60\LMAKAY\CCR-94\DIST#39.607 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR TEE FISCAL YEAR 1994-95. A. RECITALS. (i) By its Resolution No. 94-23, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 1994-95. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 7, 1994, and was concluded prior to the adoption of this Resolution. (iv) 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 hereby find, determine and order as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 3. The assessment diagram contained in the report referred to hereinabove and the assessment of $73.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1994-95 fiscal year. 4. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied thereby. 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in Assessment District No. 39. 6. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 7. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. g. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 1994. MAYOR 2 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 1994, by of Diamond Bar held on the _— day of the following Roll Call vote: ATTEST: City Clerk Lynda Burgess, City of Diamond Bar 3 COUNCIL MEMBERS: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk Lynda Burgess, City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 1994-95 CITY OF DIAMOND BAR May 17, 1994 Prepared by: GFB-FRIEDRICH & ASSOC-, INC. 6809 Indiana Avenue, Suite 201 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS PaU 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2.of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1994-95 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a.lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 1994-95 Fiscal Year is as follows: Revenue: Reserve Fund Balance (from FY 1993-94) Property Tax and Assessments Interest Revenue TOTAL Aoorooriations: Personal Services Operating Expenses Utilities Maintenance -Grounds & Bldg. Professional Services Contract Services Capital Improvements Reserves TOTAL n 1994-95 Recommended Budget $ 58,066 94,080 4.OQ0 $ 156,146 60,500 17,500 1,410 74,600 0 2,136 $ 156,146 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $ 94,080 Estimated Number of Parcels: 1,280 Estimated Assessment Per Parcel: $ 73.50 1993-94 Assessment Per Parcel: $ 73.50 1994-95 Assessment Per Parcel: $ 73.50 Difference: 1.1 The individual 1994-95 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of che City. of Diamond is Burot ins Exhiudedbit "B" and are made a part of this report by reference. (Th this report due to its volume.) Dated: , 1994 r• NO. GIC—I11-,L- OF OF cw' GFB-FRIEDRICH & ASSOC., INC. 7 CITY OF DIAMOND BAR AGENDA REPOKT AOnjjl>A NO. TO: Terrence L. Belanger, City Manager MEETING DATE: June 7, 1994 REPORT DATE: June 2, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Assessment District Number 41. SUMMARY: The City Council at the May 17, 1994 meeting approved the Engineer's Report and adopted Resolution No. 94-24 to declare City's intention to levy and collect assessments for District No. 41. The Council also set June 7, 1994 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for Fiscal Year 1994-95. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1994-95 for Landscaping Assessment District Number 41. LIST OF ATTACHMENTS:—X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specifications _ Ordinances(s) X Other: Engineer's Report _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? — Yes X No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: Terr nce L. BelanFrank M. Ush eorge A. Wentz City Manager Assistant City Manager Interim City Engineer C:xv w\LMAKAY\AGEND-9\DIST#41.607 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: June 7, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 41 ISSUE STATEMENT: The City Council at the May 17, 1994 meeting approved the Engineer's Report and adopted Resolution No. 94-24 to declare City's intention to levy and collect assessments for District No. 41. The Council also set June 7, 1994 as the public hearing date on the levy of the proposed assessments on assessable lots within said District for Fiscal Year 1994-95. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to set the assessment for Fiscal Year 1994-95 for Landscaping Assessment District Number 41. FINANCIAL SUMMARY: Personal/Administrative Services will be borne by the City's General Funds. The revenues generated by this District will finance the remainder costs. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the parkways, mini parks, slopes, and open space areas. For Fiscal Year 1994-95, no new improvements are proposed for District 41. The primary benefit derived from the maintenance of said improvements are the beautification of open spaces which are used by all residents, and the general enhancement of the property values within the community. These benefits derived apply equally to all residents and parcels within this district and therefore, it has been determined that all taxable parcels would receive the same net assessment within the district. The estimated number of parcels within the District is 563 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 1993-94 was $220.50 per parcel. The amount to be assessed for Fiscal Year 1994-95 is to remain at $220.50 per parcel. Prepared By: David G. Liu C:\WY60\LINDAKAY\CCR-94\DISTk41.607 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1994-95. A. RECITALS. (i) By its Resolution No. 94-24, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 1994-95. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 7, 1994, and was concluded prior to the adoption of this Resolution. (iv) 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 hereby find, determine and order as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 3. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 1994-95 fiscal year. 4. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied thereby. 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in Assessment District No. 41. 6. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 7. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 8. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of MAYOR 2 1994. 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 1994, by of Diamond Bar held on the day of 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 3 �1111t����t���111111►t III k9lit �'� ■ 111/ ��►�� ENGINEER'S REPORT Update of ASSFSSMENT DISTRICT NO. 41 Fiscal Year 1994-95 CITY OF DIAMOND BAR May 17, 1994 prepared by: GFB-FRIEDRICH & ASSOC., INC. 6809 Indiana Avenue, Suite 201 Riverside, CA 92506 INTRODUC'T'ION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS PPUe 1 2 3 4 5 6 7 Council of the City of Diamond Bar, this report is prepared Pursuant to the order of the City ter 1, Landscaping and Lighting Act of in compliance with the requirements of Article 4, Chap 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 1994-95 Fiscal Year for the district known Th as: ASSESSMENT MSTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). special benefit assessments, provides funding for the maintenance of landscaped This District, by spec to public rights-of-wa. within the areas owned by the City of Diamond Bar which are located p City of Diamond Bar. ments to be levied Section 22573, Landscaping and Lighting Act of 1972,reuie 3ecsse states: according to benefit rather than according to assessed value. The net amount to b assessed upon lands within an assessment district may be among all e net ed b an formula or method which fairly aeddistributesito be received by each apportion y Y assessable lots or parcels in proportion tothe eStiin benefits such lot or parcel from theimprovements.m the rovements The determination of whether or not a lot or parcel will bo(Division7 (commencing with shall be made pursuant to the Improvement Act of 1911State of California]." Section 5000)) of the Streets and Highways Code, they are considered a user's fee, not a tax, As the assessments are levied on the basis of 1 XIf i et, . the California Constitution. and, therefore, are not governed by b public agencies, such as a city, county, state or the federal government, Properties owned y P are not assessable by law. and of the District is shown on the Assessment �Diagram Allparcels of real Property in the offIce of the The Hall of Diamond Bar as Exhibit A-3) P City Clerk at the City Angeles County included within the District are described in detail on maps on file in the Los Assessor's office - 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. 3 The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 1994-95 Fiscal Year is as follows: 1994-95 Recommend ud et v e• 113,480 Appropriation Fund Balance (from FY 1993-94) $ 124,141 property Tax and Assessments 3•000 Interest Revenue TOTAL $ 240,621 Anoronriations: 4 $ 0 Personal Services Operating Expenses 57,600 Utilities 12,000 Maintenance -Grounds & Bldg 1,870 Professional Services Contract Services 43,050 Contract Services 6,000 Weed/Pest Abatement 0 Capital Improvements 12 1 1 Reserves $ 240,621 TOTAL 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. , Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 5 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below: Estimated Assessment Requirements: Estimated Number of Parcels: Estimated Assessment Per Parcel: 1993-94 Assessment Per Parcel: 1994-95 Assessment Per Parcel: Difference: 6 $ 124,141.50 563 $ 220.50 $ 220.50 $ 220.50 $ 0.00 ASSESSMENT ROLL The individual 1994-95 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "B" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: , 1994 r FP'E\ R� Z NO. 27861 Of ra► GFB-FRIEDRICH & ASSOC., INC. 7 m ■ ■ u i1111111111f1111 �/111/111111111 moss .�• 1EF CITY OF DIAXOND BAR MEMORRMUN DATE: June 1, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manage SUBJECT: Proposed City of Diamond Bar Budget -Fiscal Year 1994-1995 l • qQ I am pleased to transmit to you the Fiscal Year 1994-95 City of Diamond Bar Annual Budget. The FY 1994-95 budget has been prepared and developed utilizing the City Council's strategic priorities of highest quality services, economic development, and maintenance, repair, improvement and expansion of City assets as an interlocking foundation. The 1994-95 Budget for the City of Diamond this document. General Fund revenues are Proposed City General Fund appropriations percent decrease from the previous year's $9,176,853. REVENUE OUTLOOK: Bar is presented to you in estimated to be $10,319,015. total $8,833,526, a 3.7 appropriations of The City general operating funds' resources are forecasted at $8,762,900 for 1994-95. This represents an decrease of 6.4 percent from the total operating funds' revenue estimated to be received during 1993-94 ($8,321,700). The City's major revenue source is the motor vehicle in -lieu tax. $2,500,000 is anticipated to received in FY 94-95, which is the amount that will be received in FY 93-94. The City's second largest revenue source, sales tax, is projected at $2,200,000, a 10 percent increase from 1992-93 estimated revenue. Sales tax revenue projections for 1994-95 are higher than those approved by the City Council for 1993-94, which is based on actual revenues. However, it is fiscally prudent to evaluate at least two quarters, before determining whether mid -year adjustments to the anticipated sales tax revenues should be undertaken. Property tax revenues, the City's third largest revenue source, reflects the positive affect of the property tax allocation agreement reached by the City and the County of Los Angeles, which settled a lawsuit between the agencies. As a part of the repayment of past due property taxes, the City will receive $778,000, August, 1994, which is the second of three repayment installments. The final installment of $778,000 will be received, in August, 1995. Estimated FY 94-95 property tax revenues are $1,900,000. 1 BUDGET MESSAGE: FY 94-95 JUNE 1, 1994 PAGE TWO The City has begun a program to recover actual costs for planning, zoning, building, and engineering services, in accordance with AB1600 legislation. During 1994-95, under AB 1600 provisions, the City Will 1) update the fees for 2 rSees schedule Development impact Pr gram to changed for three years); a ) institute a assure that development activities contribute to the funding of future public infrastructure improvements. The 1994-95 budget continues to anticipate the future basis for State subvention allocation revenue. At incorporation, the City's wasased on population was established at 74,115, which pope ation ata threeetimes formula that sets newly incorporated city's population The the number of registered voters at the time of incorporation. City will continue to receive State per cthrou hetheu199697Ita nfiscal based upon the 74,115 population number, g o ulation at an year. The 1990 Federal Census has set the Ciitpon increase since estimated 53,500. There has been a slight p Pulatthe State formula 1990 to an estimated 54,600. As a consequence, ulation (54,600), population (74,115), compared to the current p p provides the City $800,000 ineGeneral ost Fund en revenuesbegins3to/utilize Gas Tax revenues, that actual rather than incorporation population numbers. Revenue enhancement decisions must be implemented over the nextfew fiscal years to eradicate the affects of the formula pop n The property tax allocation agreement will help to partially "backfill" lost revenues. Nevertheless, the City Council must continue to be open to creating and expanding the City's revenue base. 1994-95. BU1XiET SIIMMARY The City of Diamond Bar will conclude the 1993-94 fiscal year in a stable financial position. The proposed 1994-95 operating budget, being forwarded to the City Council is based upon existing levels of service. Twenty-five (25) full-time staff positions are proposed. However, there is proposed an full-time staff addition,, with as full - Public Works Director/City Engineer position being proposed time staff position. This change will result in a budget savings of $50,000. This Plannerprositionsal rewhichnds savesthe $67,650elimination in Prop Athe monies. Transportation P The Public Safety appropriation would provide for an increase in services, with the partial funding of an Asian relations deputy. There will also be inflation -related increases to contract goods and services. In terms of major functions, $6,873,350 or 71.5 percent of the general operating funds budget, is devoted to public safety, public works/ engineering, community services and community development. Allocated en enpublic safety operations is 44.6 percent, or $3,939,830 of the operating funds. 2 BUDGET MESSAGE JUNE 1, 1994 PAGE THREE Public Safety The 1994-95 appropriations for law enforcement services, through a contract with the Los Angeles Sheriff's Department, total $3,850,500 compared with $3,795,749 in 1993-94. Traffic enforcement vehicles have been diversified to include motorcycles, as well as, the usual traffic automobiles. The SANE Program, which serves Diamond Bar located Walnut Valley and Pomona District schools, continues to be funded at a full-time level. The LASO contract will provide for the partial funding of an Asian Relations Deputy. Monies have been appropriated for Emergency Preparedness services ($27,600), which includes the completion of the mobile emergency operations center. Also, Emergency Preparedness includes regional plan coordination, City emergency plan revisions, neighborhood -based emergency plan implementation. Emergency Preparedness activities will accomplished through the utilization of staff employees and community volunteers. Animal Control services are provided through a contract with the Pomona Valley Humane Society ($54,200), which reflects a 7.75% increase over FY 93-94. The increase is a result of increased operating services costs. It should be also noted that there hasn't been a contractual increase for two years. Public Works The Public Works Director/City Engineer position is being proposed to be accomplished through a full-time professional staff position. The professional staff Public Works Director/City Engineer is expected to provide a higher level of operating effectiveness and efficiencies. Some engineering support services are accomplished by contract (e.g., traffic engineering, plan checking, construction inspection, etc.). However, in order to provide more responsive client services and to expedite City capital improvement projects, full-time staff Senior Engineer, Assistant Engineer, Administrative Assistant and Secretary positions will continue to be funded. Also being proposed is the entering into a public works maintenance contract (time and materials basis), with the City of Brea. There is a proposed overall reduction in appropriations of 19.54% ($313,288) for FY 94-95. The proposed Public Works budget is $1,289,700. Community Services The Community Services Department is staffed with a Community Services Director, an Administrative Assistant, a Parks Superintendent and a Parks Maintenance Man. In May 1991, Diamond Bar began to directly provide recreation services through a contract with the City of Brea, which has provided for ever-expanding recreation programs and activities being offered throughout the community. One of the more exciting programs is the Concert in the Park series, at Sycamore Park ($10,500). In 94-95, the Concert series Will present eight concerts. BUDGET MESSAGE JUNE 1, 1994 PAGE FOUR Community Services management supports and administers the recreation services contract and staffs the Parks and Recreation Commission. The recreation staff has been relocated to Sycamore Cyn Park. As a result, this proposal allocates $5,000 for furniture and equipment Recreation services activities fees will generate an estimated $289,500 in revenue. Parks personnel are responsible for the contract maintenance of City parks and open space and Lighting and Landscaping Districts 38, 39 and 41. There is a proposed reduction in Community Department expenditures of 1.8% ($18,090) for FY 94-95. Community Development The Community Development Department is comprised of planning, zoning, building safety and code enforcement. Building Safety services are provided through a contract with a private company. The contractor is paid a percentage of the building code fees collected. It is estimated that the cost Building Safety services will be the same as in FY 93-94 ($220,000). The preparation of the City's General Plan is to be completed and adopted, in FY 94-95. Consultant's costs for the preparation and processing of the General Plan are included in the FY 94-95 Budget. Also, Community Development will be revising the City's Development Code, to bring it into conformance with the General Plan. The amount allocated for the General Plan completion and the Development preparation is $35,000. The City has adopted a property maintenance ordinance, which is expected to result in some increases in code enforcement costs. The Community Development budget has a proposed allocation of $6,000, which would fund code enforcement prosecution services. This amount for prosecution of code violations is an estimate based upon the experience of other municipalities with similar ordinances. The total appropriation for the Community Development Department is $658,350, which is 5.8% ($40,550) less than the FY 93-94 appropriation. General Government The General Government Department will increase by $93,050 (14.4%). Appropriations have been made for a replacement truck ($12,000), which was "totaled" in an accident. Also, there are allocations for office equipment (paper shredder and cash register)($4,500); computer software (network upgrade, graphics/image editing)($5,000); computer hardware (network printer, PCs for pavement management, Community Development and Assistant City Manager)($12,500); and, a voice mail system ($9,800). $6,000 has been appropriated for professional services in Finance to cover the time when the Senior Accountant and Account Clerk are both simultaneously off on maternity leave. As a related issue, it is recommended that the audit firm that has audited the City's financial systems the past four fiscal years, continue to provide audit services for FY 93-94 financial systems. In significant part, the primary reason for this recommendation is due to the reality that two of the three Finance Division employees will not be available during the audit period. 4 BUDGET MESSAGE JUNE 1, 1994 PAGE FIVE This budget allocates $155,000 for lease of City Hall offices. It is recommended that, during the first quarter of FY 94-95, the Staff prepare a feasibility study regarding the possibility of purchasing a building for a "short-term" City Hall. This budget also allocates $5,000 for a management audit of Council and Staff performance. There is an appropriation of $10,000 for Economic Development planning and implementation. Legislative DeAartment The Legislative Services, which include the City Council, City Attorney, City Manager and City Clerk functions, will experience an overall decrease in 1994-95, from $1,089100 to $837,360. This is due to the settlement of several lawsuits. It should also be noted that there is not an election allocation in this budget, although it is recognized that an election related to the adoption of the General Plan is a possibility. It is recommended that the allocation for such an election be made at the time the election is called by the Council. The preparation of the municipal code for the City will be completed in FY 94-95, with an appropriation of $10,000 to complete the project. 7 Ole, L'AMCITNTFEV A" _73 4:157 -TI The 1994-95 budget includes the City's annual Capital Improvement Program (CIP). The CIP reflects projections of capital improvement needs for the upcoming year. Major projects funded in FY 93-94 which are under construction and due to be completed in FY 93-94 include: -Shadow Canyon Traffic Signal -Fountain Springs Traffic Signal -Handicap Access Sidewalk Ramps The Capital Improvement Program appropriations in 1994-95 are funding the annual CIP. The total capital improvements appropriations will be $4,356,080. The funds to support the CIP come from a variety of sources including: General Fund, Intermodal Surface Transportation Enhancement Act (ISTEA); Gas Tax; Proposition "A" (transportation); Proposition "C" (transportation); Proposition "A" (parks); Community Development Block Grant (CDBG); Traffic Safety (OTS); Metropolitan Transportation Authority (MTA) grant; Grand Avenue Traffic Mitigation Fund; and Landscape and Lighting Maintenance District No. 38. The proposed capital projects to be funded in FY 94-95 include: Street Improvements -Grand Avenue Overlay (East City Limit to Golden Springs) -Diamond Bar Blvd Overlay: Phase I (Grand Ave to Brea Cyn) -Brea Cyn Rd (Fountain Springs to Cold Springs) -Citywide Slurry Seal -Phase V -Diamond Bar Blvd Sidewalks BUDGET MESSAGE 5 JUNE 1, 1994 PAGE SIX CAPITAL INPROVINK 8 PROGRAM -Diamond Bar Blvd @ Fountain Springs -Diamond Bar Blvd @ Shadow Canyon -Golden Springs @ Prospectors (north) -Golden Springs @ Golden Prados -Golden Springs @ Carpio -Grand Ave Traffic Signal Synchronization -Three Traffic Signals (To Be Determined) Golden Springs) -Left-Hand Turn Signals (Brea Cyn Rd at Parks Improvements -Pantera Park Design and Development -Peterson Park Athletic Field Lights -Handicap Access to Parks Facilities Retrofit (ADA) -City Parks Signage Retrofit -Basketball and Tennis Courts Resurfacing -Feasibility Analysis - Purchase of City Hall -Land Acquisition - Walnut Valley Water Dist. (Brea Cyn Rd) In addition to the capital improvement projects that the City is funding directly from City resources, there are two other projects of note. First, the City and Southern California Edison will be jointly undergrounding the utility poles from Temple Avenue to Gold Rush Drive. The City will be committing its Rule 20 monies for the next seven (7) years ($430,000 existing and each year's thereafter) to find the undergrounding construction. The undergrounding project an estimated $1,500,000. Second, a traffic signal is to be installed at Brea Cyn Cut-off at Fallowfield, in conjunction with a residential development currently under construction in Los Angeles County. CONCLUSION FY 94-95 MUNICIPAL BUDGET The City Council will be reviewing and adopting the Fiscal Year 1994- 1995 Diamond Bar Municipal Budget, in June 1994. The Council will hear testimony on the Budget, on June 7 and June 21, 1994. The Municipal Budget reflects the proposed levels of municipal services and the manner in which those services are to be delivered; either,by contract, or by city staff. The Budget sets forth the revenue sources and estimated revenue levels necessary to fund the proposed expenditures. However, the Municipal Budget is a dynamic revenue/expenditure plan. In short, the 1994-95 budget has been structured to have the flexibility to be modified, as changing circumstances may require. BUDGET MESSAGE JUNE 1, 1994 PAGE SEVEN The City of Diamond Bar will continue to implement the communitf values that have been identified, through public participatory forums, e.g., Council, commission, oet- rganizati nowillrk econtinuectomrespondeto ings and others. Th Y and reflect the same high quality of services that is demandeed994 95e public. Besides accommodating operating service demand, budget addresses long teoseslan ambitious anning needs and capitalplanasseteenhancement, The FY 94-95 budget prp revitalization and expansion program, which provides for frastructure projects of capital improvements to benefit the City and fixed assets. g a balanced budget to the City Council is Preparing and recommendin , considering the limited financial always a difficult process resources and the wide variety of citizen requests. The demands for expenditure level increases, coupled with the recessed articularly environment, have made the preparation of this budget p challenging. The 1994-95 budget for the City of Diamond Bar continues h e alitsound and fiscally prudent approach of balancing the demand for hig qu Y services and programs with the reality of resource he City Council should take justifiable tpridesinnthe availability. T tremendous progress the City has made, over the five years of t remendoAll involved with the City look forward, with enthusiasm, to assuring that Diamond Bar continues to be an exceptionalt0000nveyY� in which to live and work. To that end, it is my pleasure to you the Fiscal Year 1994-95 Municipal Budget. 7 AGENDA ITEM No. 7.5 Budget Documentation available for inspection in the City Clerk's Department CITY OF DIAMOND BAR PROPOSED ANNUAL BUDGET Fiscal Year 1994 - 95 CITY OF DIAMOND BAR BUDGET PHILOSOPHY AND OPERATING GUIDELINES 1. The City of Diamond Bar's budget is designed to serve four major purposes: • definition of policy in compliance with legal requirements for General Law cities in the State of California, Governmental Accounting Standards Board (GASB) financial reporting requirements and audit standards, and fiscal directions of the City Council. • utilization as an operations guide for administrative staff in the management and control of fiscal resources. • presentation of the City's financial plan for the ensuing fiscal year, itemizing projected revenues and estimated expenditures. • illustration as a communications document for citizens who wish to understand the operations and costs of City services. 2. Departmental budgets will be originated within each department. 3. Where applicable, the department head will assign priorities to projects and activities in preparing program budgets for the department. 4. Department Heads are responsible for 'operating within their budget amount as approved by the City Manager and authorized by the City Council. 5. The City Council has the legal authority to amend the budget at any time during the fiscal year. The City Manager has the authority to make administrative adjustments to the budget as long as those changes will neither have a significant policy impact nor affect budgeted year-end fund balances. 6. Current year requirements of the Capital Improvement Program (CIP) will be incorporated into the annual operational budget and defined as the capital budget. 7. Fund balances will be maintained at levels which will protect the City from future uncertainties. -1- -2- u r <• • p r , • 1~ =o i r o rr 20p S p 1i <o� r • ra -2- CITY OF DIAMOND BAR PERSONNEL SUMMARY FISCAL YEAR 1994-95 FUL_ L TIME 1994-95 1993 94 POSTT ON AnD�roved Actual -City Manager 1 1 1 1 1 1 -Assistant City Manager 1 1 1 -Community Develop. Dir. � 1 -Public Works Director 0 1 1 -Dir. of Community Services 1 1 1 -City Clerk 1 1 1 -Accounting Manager 1 1 1 -Assistant to City Manager 1 1 -Associate Planner 1 0 0 -Transportation Planner 1 1 -Senior Engineer 1 1 1 1 -Senior Accountant 1 1 1 -Supt of Parks & Mtnce. 1 1 1 -Secretary to City Manager 3 3 -Administrative Assistant 1 1 1 -Community Rel Officer 1 1 -Deputy City Clerk 1 1 1 1 -Administrative Secretary 1 1 -Secretary 1 1 1 -Assistant Planner 1 1 1 -Assistant Civil Engr. 1 11 1 -Code Enforcement Officer 1 1 -Maintenance Worker II 1 1 1 -Clerk Typist Totals 25 24 25 PART TIME 1994-95 1993-94 POSITION ARR o= Ac ual -Account Clerk 1 1 1 1 1 1 -Clerk Typist 1 1 1 -Comm. Serv. Coordntr 2 2 2 -Comm. Serv. Leader 0 3 3 -Pks Maint Helper 1 1 2 -Planning Intern 2 1 3 Admin'strati Intern 8 10 13 Totals -3- THIS PAGE LEFT INTENTIONALLY BLANK --4- GENERAL FUND BUDGET -5- THIS PAGE LEFT INTENTIONALLY BLANK sm CITY OF DIAMOND BAR GENERAL FUND BUDGET F.Y. 1994-95 -7- 1993-94 Actuals as of C► Manager Amended 031311194:_R8conlmet�ded ESTIMATED RESOURCES 1,382,348 2,711,000 Property Taxes 2,201,600 2,825,000 1,701,664 3,090,000 Other Taxes 2,533,500 1,372,102 2,457,700 State Subventions 60,500 47,192 79,000 Fines & Forfeitures From Other Agencies 503,000 812,800 476,888 754,000 Current Svc Charge 212,200 128,249 254,400 Use of Money & Prop. 954,700 301,974 752,915 Transfer -in Other Funds 499,500 499,500 220,000 Reserved Fund Balance 10,602,800 5,909,917 10,319,015 Total Est. Revenue APPROPRIATIONS fi6,079 102,660 City Council 93,910 420,000 334,022 175,000 City Attorney 336,750 220,987 370,400 City Manager 238,440 131,565 189,300 City Clerk 197,350 135,205 201,150 Finance 334,350 206,666 417,600 General Government 114,650 62,825 120,650 Community Information 478,400 321,937 438,350 Planning 220,000 135,527 220,000 Building and Safety 959,890 603,560 985,470 Community Services 3,795,749 2,083,739 3,850,500 Law Enforcement 7,526 7,530 Fire 50,000 37,369 54,200 Animal Control 36,850 20,503 27,600 Emergency Prepardness 1,602,988 899,318 1,289,700 Public Wks/Engineering 290,000 383,416 Transfer -out Other Funds 9,176,853 5,259,302 8,833,526 Total Appw"tlons NET CHANGE IN FUND BALANCE 1,425,947 650,615 1,485,489 -7- THIS PAGE LEFT INTENTIONALLY BLANK REVENUE SUMMARY I= CITY OF DIAMOND BAR GENERAL FUND ESTIMATED REVENUES 1994-95 Fines & Forfeitures: General Fines Parking Fines Vehicle Impound Fees False Alarm Fees Narcotics Seizure Revenue Graffiti Restitution From Other Agencies: Intergovt. Revenue Current Svc. Charges: Building Fees: Bldg Permits Plumbing Permits Electrical Permits Mechanical Permits Grading Permits Industrial Waste Fee Permit Issuance Fee In Fees Plan Check Fee SMIP Fee 10,000 1993.04 Actuals as of City .s.noW 31,894 Amded':Estknete 03/31194 Recomrnw..!ded Property Taxes: 5,000 4,780 2,500 Current Secured 2,110,600 929,193 1,800,000 Current Unsecured 91,000 68,572 91,000 Supplemental Roll 7,800 28,869 30,000 Prior Year Property Taxes 63,948 339,923 775,000 Misc. Property Taxes 2,000 15,791 15,000 Interest, Pen. & Del. 2,201,600 1,382,348 2,711,000 Other Taxes: Sales Tax 2,000,000 1,281,912 2,200,000 Transient Occupancy 150,000 119,666 180,000 Franchise 615,000 237,963 615,000 Property Transfer 60,000 62,123 95,000 2,825,000 1,701,664 3,090,000 Subventions - State: Motor Veh-in Lieu 2,500,000 1,359,688 2,430,000 Mobile Home In -Lieu 7,000 730 6,000 Homeowners Exemption 25,000 11,251 20,000 Off Highway Tax 1,500 433 1,700 2,533,500 1,372,102 2,457,700 Fines & Forfeitures: General Fines Parking Fines Vehicle Impound Fees False Alarm Fees Narcotics Seizure Revenue Graffiti Restitution From Other Agencies: Intergovt. Revenue Current Svc. Charges: Building Fees: Bldg Permits Plumbing Permits Electrical Permits Mechanical Permits Grading Permits Industrial Waste Fee Permit Issuance Fee In Fees Plan Check Fee SMIP Fee 10,000 7,355 13,000 30,000 31,894 50,000 13,000 7,560 12,000 5,000 4,780 2,500 500 383 500 2,000 2,113 1,000 60,500 47,192 79,000 503,000 503,000 117,300 77,863 120,000 11,800 7,850 12,000 18,200 12,589 19,000 8,500 4,780 8,000 15,000 11,715 15,000 8,000 2,113 3,000 19,500 16,335 20,000 7,800 6,101 7,000 104,500 63,948 100,000 600 1,433 2,000 -10- CITY OF DIAMOND BAR GENERAL FUND ESTIMATED REVENUES 1994-95 Planning Fees: Environmental Fees Adv. Planning Fees Current Planning Fees Miscellaneous Permits Engineering Fees: Engr. Plan Check Fees Engr. Review Fees Engr. Permit Fees Engr. Inspection Fees Recreation Fees: Community Activities Athletics Fee Programs Contract Classes Special Event Fees Use of Money and Property: Interest Earnings Returned Check Charges Rents & Concessions Sale/Printed Material Sale/Printed Material-Engr Miscellaneous Interfund Transfers GENERAL FUND TOTAL 1993-94 Actuals as o� 11 d� ,> Amded E$Wmte 03f3:1124 15,000 11,833 15,000 500 1,000 175 32,59 50,000 75,000 2700 500 90,000 50,58 5 65,000 25,000 25,000 12,420 500 500 96 800 2,000 6,000 22,000 13,192 22,000 73,000 73,000 40,239 17,642 23,000 22,600 7 7,251 7064 131,500 131,500 40,000 40,000 476,888 754,000 812,800 200,000 118,347 240,000 200 200 2 4,590 7,000 5,500 4,538 5,700 5,000 772 1,500 1,500 212,200 128,249 254,400 954,700 1301,974 752,915 10 103 300 5410417 10099015 -11- THIS PAGE LEFT INTENTIONALLY BLANK -12- EXPENDITURE DETAIL L•I7 DEPARTMENT -13- CITY OF DIAMOND BAR Department - Legislative • City Council ♦ City Attorney ♦ City Manager ♦ City Clerk -15- CITY OF DIAMOND BAR DEPARTMENT: Legislative ESTIMATED EXPENDPTURES 199495 IACCOUNT#. DIVISION: Summary 44104040 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended PERSONNEL SERVICES $525,460 $354,551 $570,860 SUPPLIES 6,250 4,727 6,400 OPERATING EXPENDITURES 84,350 20,621 36,900 PROFESSIONAL SERVICES 472,640 372,432 223,200 CAPITAL OUTLAY 400 322 0 DEPARTMENT TOTAL $1,089,100 $752,653 $837,360 -16- OF DIAMOND BAR DEPARTMENT: Legislative Printing CITY D,VtSION:'- summary 2120 ESTIMp►TED EXPENDPCU"S ACCOUNT S.4010-4040 Telephone 1994-95 RentaULease-Equip. 2200 Equipment Moint. 1993-94 Actuals as of City Manager Recommended Fuel Amended Budget 03131/94 PERSONNEL SERVICES 362,100 240,509 401,450 0 0010 Salaries 0 763 23,856 19,800 0020 Overtime 0030 Wages - Part time 31,300 6,400 3,077 6,600 56,250 0070 City Paid Benefits 34,892 57,000 6,297 8,410 0080 Benefits 0083 Worker's Comp ExP• 7,050 7,860 5,532 7,400 70,950 0085 Medicare 0090 Cafeteria Benefits 53,750 39,625 $525,460 $354,551 $570,860 TOTAL PERSONNEL SVCS 1 373 1,650 SUPPLIES 1100 Office Supplies 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2120 Postage 2125 Telephone 2130 RentaULease-Equip. 2200 Equipment Moint. 2310 Fuel 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2335 Mileage & Auto Allow 2340 Education & Training 2390 Elections TOTAL OPERATING FRCP. PROFESSIONAL SERVICES 4000 Professional Svcs 4020 Legal Services 4021 Special Legal Svcs 4023 Self Ins. Defense TOTAL PROF SVCS 3,100 2,820 889 0 5,300 2,100 1,018 1,100 1,050 $4,727 $6,400 $6,250 1,366 1,000 1,000 2,723 4,200 3,200 74 100 100 1,670 2,350 1,800 0 200 200 295 750 650 618 1,000 1,000 1 373 1,650 1,450 590 900 1,100 2,485 6,650 7,150 7,405 13,500 13,000 5900 1,000 900 3,600 3,300 1,432 0 49,500 $20,621 $36,900 $84,350 38,410 48,200 52'640 45,945 75,000 75,000 288,077 100,000 345,000 0 0 0 $372,432 $223,200 $472,640 0 0 CAPITAL OUTLAY 0 322 0 6230 Computer Equipment 400 $0 6240 Communication Equipment $400 $322 TOTAL CAPITAL OUTLAY $837,360 DEPARTMENT TOTAL $1,089,100 $752,653 -17- CITY OF DIAMOND BAR ACTIVITY COBMBUTARY 1994-95 p1K=QN NO 4 _0 10 DIVISIONTTTI.E: CITY COO�TCIL body for the The City Council is the legislative and policy-making City of Diamond Bar. Five elly rmsn Of l off ice . rs areThe council lannu ides four-year, overlapping or. The Mayor Pres elects one of its members to serve as May over all Council meetings and is the ceremonial head of the City for official functions. entatives, the City Council As Diamond Bar's elected repres eping ace with viable expresses the values of the electorate ithe quality of municipal community needs and for establishing services in the urban envirionsnthrough the adoption of an . The council determines annual levels and revenue obligac contracts and expenditures; establishes budget; authorizes City tilpolicies; and adopts such regulatory City service and be enecessary for the mutual protection of the measures as may community. Councilmembers also represent the City on various intergovernmental organizations to achieve goverwmthtthe needs of the ecommunity, and programs that are consistent pZRSOMZL City Council Members 5.0 -18- CITY OF DIAMOND BAR LACCOUNT#: T Legislative ESTIMATED EXPENDITURES eg 199495 City Council 4010 PERSONNEL SERVICES 0010 Salaries 0070 City Pail Benefits 0080 Retirement 0083 Workers Comp. Exp. 0085 Medicare 0090 Cafeteria Benefits 2395 TOTAL PERSONNEL SVCS SUPPLIES 1100 Office Supplies 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2340 Education & Training 2395 Misc. Expenditures 300 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 4000 Professional Svcs TOTAL PROF. SERVICES DEPARTMENT TOTAL 1993-94 Budget Actuals City Manager -Amended as of 03/31/94 Recommended 30,000 22,576 30,000 2,850 1,029 2,700 4,750 2,614 4,200 300 271 360 610 13,700 509 12,685 450 $52,210$396j4 23,250 $60,960 500 136 500 $1,000 27 $163 1,000 $1,000 500 1,174 500 100 73 100 400 4,000 341 400 8,000 1,147 3,937 4,000 2,500 8,000 2,500 $15,500 $6,672 $15,500 25,200 $25,200 19,560 25,200 $19,560 $25,200 $93,910 $66,079 $102,660 -19- CITY OF DIAMOND BAR ACTIVITY COMMUOTARY 1994-95 O DIVISION TTmr�• CITY ATTORN$Y DIVIB y ucr 4020 legal counsel, prepares City Attorney acts as the City's and advises the City The and agreements; eration of resolutions, ordinances Council and staff on all legal matters relating to the op l s the municipal government. This se elawoffices edn of Michael an interim basis through a contract with retainer fee which covers Montgomery. The City pays a monthly attendance at meetings and general consulting services. special legal services required in addition to the contract are also included within this division. PERSONNEL Total positions 0.00 -20- CITY OF DIAMOND BAR EST MATED EXPENDITURES DEPARTMENT: Leglstalve 199495 [iNtS1L�N: City Attorney ACCOUNT #: 4020 1993-94 Actuals as of City Manager PROFESSIONAL SERVICES Amended Budget 03131/94 Recommended 4020 Legal Services 75,000 4021 Special Legal Svcs 45,945 75,000 345,000 4023 Self Ins. Defense 288,077 100,000 TOTAL PROF. SVCS. 420,000 334,022 175,000 DEPARTMENT TOTAL $420,000 $334,022 $175,000 -21- CITY OF DIAMOND BAR ACTIVITY COMM 1994-95 DIVISION TITLE: CITY MANAGER DIVISION NO. 4030 THe City Manager's Office budget provides for continued administrative direction to all operating departments in compliance with the City's Municipal Code. This department is responsible for the execution of Council policy and the enforcement of all laws and ordinances. The City Manager, in concert with the City Council, establishes policy, provides leadership and implements efficient and effective services. The City Manager is the director of all City personnel. As such, he establishes and maintains appropriate controls to ensure that all operating departments adhere to Council and legally mandated policies and regulations. Additionally he is responsible for the preparation and administration of the annual budget. Administrative and clerical support to the City Council members is also provided through the City Manager's office. PERSONNEL FULL TIME POSITIONS City Manager 1.000 Asst. City Manager .975 Asst. to City Manager .250 Executive Secretary .750 Clerk Typist .650 Admin. Assistant .700 Sub -Total 4.325 PART TIME POSITIONS Admin. Intern 2.000 Sub -Total 2.000 Total Positions -22- 6.325 CITY OF DIAMOND BAR DEPARTMENT: Legislative ESTEWATED EXPENDITURES DIVISION: City Manager 199495 ACCOUNT #: 4030 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part time 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp 0085 Medicare /Social Security 0090 Cafeteria Benefits 2320 TOTAL PERSONNEL SVCS SUPPLIES 1100 Office Supplies 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2120 Postage 2125 Telephone 2130 Equipment Rent 2200 Equipment Maint. 2310 Fuel 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2335 Mileage & Auto Allow 2340 Education & Training 500 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 4000 Professional Svcs TOTAL PROF. SVCS. CAPITAL OUTLAY 6240 Communications Equipment TOTAL CAPITAL OUTLAY 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended 214,950 136,571 254,300 171 31,300 22,701 19,800 1,850 1,052 2,300 33,800 21,498 35,650 5,600 4,997 6,650 5,550 3,747 5,250 22,800 15,334 30,450 $315,850 $206,071 $354,400 500 449 800 452 1,300 600 574 600 $1,900 $1,475 $1,900 500 121 500 200 200 100 74 100 1,500 1,432 2,000 200 200 500 187 500 1,000 618 1,000 1,000 1,010 1,200 600 167 400 3,000 1,271 2,500 4,000 3,258 4,500 500 231 500 500 500 $13,600 $8,369 $14,100 5,000 4,750 0 $5,000 $4,750 $0 $400 $322 $0 $400 $322 $0 DEPARTMENT TOTAL $336,750 $220,987 $370,400 -23- CITY OF DIAMOND BAR IDEPARTMENT. Legislative ESTEVIATED EXPENDITURES 199495 Printing IDNISlow AGC6UNT #: City Clerk 4040 1993-94 Actuals as of City Manager 2,723 Amended Budget 03/31/94 Recommended PERSONNEL SERVICES 238 350 2200 0010 Salaries 117,150 81,362 117,150 0020 Overtime Membership & Dues 592 290 0030 Wages - Part Time 2320 1,155 100 0070 City Paid Benefits 1,700 996 1,600 0080 Retirement 18,450 10,780 16,400 0083 Worker's Comp. Exp. 1,150 1,029 1,400 0085 Medicare/Social Security 1,700 1,276 1,700 0090 Cafeteria Benefits 17,250 11,606 17,250 TOTAL PERSONNEL SVCS $157,400 $108,796 $155,500 SUPPLIES 1,432 0 1100 Office Supplies 2,100 2,235 $7,300 1200 Operating Supplies 800 410 3,000 1300 Small Tools & Equip 450 444 500 TOTAL SUPPLIES $3,350 $3,089 $3,500 OPERATING EXPENDITURES 2110 Printing 71 2115 Advertising 3,000 2,723 4,000 2125 Telephone 300 238 350 2200 Equipment Maint. 150 108 250 2315 Membership & Dues 350 290 350 2320 Publications 100 82 100 2325 Meetings 150 67 150 2330 Travel-Conf & Mtgs 1,000 210 1,000 2335 Mileage & Auto Allow 400 359 500 2340 Education & Training 300 600 2390 Elections 49,500 1,432 0 TOTAL OPERATING EXP $55,250 $5,580 $7,300 PROFESSIONAL SVC 4000 Professional Svcs 22,440 14,100 23,000 TOTAL PROF. SVCS $22,440 $14,100 $23,000 DEPARTMENT TOTAL $238,440 $131,565 $189,300 -25- CITY OF DIAMOND BAR Department - General Government ♦ Finance ♦ General Government ♦ Community Relations -27- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 199495 DEPARTMENT; DlYlS[014: ACCOUNT #: Genera, Govt: Summary 4050-95 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended PERSONNEL SERVICES $163,500 $109,241 $214,200 SUPPLIES 25,000 17,109 28,200 OPERATING EXPENDITURES 352,600 199,564 356,600 PROFESSIONAL SERVICES 96,100 71,393 90,600 CONTRACT SERVICES 0 0 0 CAPITAL OUTLAY 9,150 7,389 49,800 ALLOCATED COSTS 0 0 0 DEPARTMENT TOTAL $646,350 $404,696 $739,400 -28- CITY OF DIAMOND BAR DEPARTMENT. 'General Govt. ESTIMATED EXPENDITURES Summary 199495 4050-95 1993-94 Actuais as of City Manager Amended Budget 03/31/94 Recommended PERSONNEL SERVICES 122,450 84,309 161,900 0010 Salaries 0 99 0 0020 Overtime 0 0 0 0030 Wages - Part time 1,600 1,109 2,050 0070 City Paid Benefits 19,250 11,214 22,700 0080 0083 Benefits Worker's Comp Exp. 1,200 576 1,950 2,400 0085 Medicare 1,800 16,200 1,223 9,948 22,200 0090 Cafeteria Benefits 1,000 763 1,000 0093 Benefits Administration TOTAL PERSONNEL SVCS $163,500 $109,241 $214,200 SUPPLIES 500 488 0 1100 Office Supplies 24,000 5,831 27,700 1200 Operating Supplies 500 10,789 500 1300 Small Tools & Equip $25,000 $17,109 $28,200 TOTAL SUPPLIES OPERATING EXPENDITURES 4,662 6,500 2100 Photocopy 5,000 8,900 7,812 22,500 2110 Printing 1,000 391 1,000 2115 Advertising 22,500 14,694 25,500 2120 Postage 24,000 20,560 28,000 2125 Telephone 0 100 2126 Utilities 500 500 367 500 2128 Banking Charges 17,000 15,043 24,200 2130 Rental/Lease-Equip. 156,000 52,0 1,000 2140 Rent/Lease-Real Prop 5,03311 1 144 ,000 2200 Equipment Maint. ,000 5,000 5 4,582 8,000 2205 Computer Mafnt 13, 500 9,421 18,000 2210 Maint-Grounds & Bldg 500 411 700 2310 2315 Fuel Membership & Dues 2 ,950 21,680 2 ,000 1,550 1 2320 Publications 1 2,150 2,150 1,124 2,454 3,650 2325 Meetings 750 752 1,000 2330 Travel-Conf & Mtgs 200 1 151 200 2335 Mileage & Auto Allow 1,500 275 1,700 2340 Education &Training 1,000 1 1,000 2345 Employment Physicals 50,000 37,07722 0 2350 Newsletter 0 0 1,500 2352 Promotional Items 1,500 0 1,500 2353 Anniversary 7,500 0 7,500 2355 Contr-Community Grps 0 5,000 2360 Graffiti Reward Program 5, 000 750 940 1,000 2395 Misc. Expenditures 0 0 7200 Insurance Expense 0 0 0 7225 Insurance Retention, TOTAL OPERATING EXP. 0 $352,600 $199,564 $356,600 -29- PROFESSIONAL SERVICES 4000 Professional Svcs 4010 Auditing Services 4020 Legal 4030 Data Processing Svcs 4260 Economic Development 6240 TOTAL PROF SVCS CONTRACT SERVICES 5000 Contract Services 5300 Contr Svcs -Com. Svcs TOTAL CONTRACT SVCS CAPITAL OUTLAY 6100 Auto Equipment 6200 Office Equipment 6220 Office Furniture 6230 Computer Equipment - Hardware 6235 Computer Equipment - Software 6240 Communications Equipment 6250 Misc. Equipment 6310 Bldg Improvements 14,000 TOTAL CAPITAL OUTLAY ALLOCATED COSTS 9980 Less Allocated Costs TOTAL ALLOC COSTS DEPARTMENT TOTAL 1993-94 Actuals as of City Manager Amended Bud et 03/31/94 Recommended 51,540 37,748 48,000 3,600 16,800 18,600 1,100 11100 0 14,860 7,983 14,000 25,000 7,762 10,000 $96,100 $71,393 $90,600 0 0 0 0 0 0 $0 $0 $0 0 0 12,000 0 0 4,500 3,000 2,758 1,000 5,100 3,203 12,500 0 0 5,000 0 0 9,800 1,050 1,428 5,000 0 59,150 0. $7,389 0 $49,800- 0 0 0 $0 $0 $0 $646,350 $404,696 $739,400 -30- THIS PAGE LEFT INTENTIONALLY BLANK -31- CITY OF DIAMOND HAA ACTIVITY COMMENTARY 1994-95 DIVISION TITLE: FINANCE DIVISION NO. 4050 The Finance Division provides accounting control over assets, revenues, receivables and maintains budgetary control over all City funds. This department is responsible for the proper receipt, custody and disbursement of all City The Finance Division processes all financial transactions of the City. Specific activities include accounts payable, cash receipts, payroll, fixed assets, budget maintenance, audits, financial reporting, and the refinements and mantenance of the general accounting system. The Finance Division is also responsible for the safety, liquidity and maximization of the yields of the City's financial resources. In conjunction with the payroll function, the Finance Division is responsible for the administration of the personnel function. This includes benefit administration, personnel review and salary adjustments. PERSONNEL FULL TIME POSITIONS Accounting Manager 1.00 Senior Accountant 1.00 Subtotal 2.00 PERMANENT PART TIME POSITIONS Account Clerk I •75 Total positions 2.75 -32- -33- DIAMOND BAR DEPARTMENT: General Govt. CITY OF EXPENDITURES DIVISION: Finance 4050 ESTIMATED ACC4t1NT #: 199495 1993-94 Actuals as of City Manager Recommended Amended Budget 03!31/94 PERSONNEL SERVICES 122,450 84,309 122,450 0010 Salaries 99 0020 Overtime 0030 Wages - Part time 1,600 1,109 1,500 0070 City Paid Benefits 19,250 11,214 17,150 0080 Retirement 1,200 1,029 1,450 1,800 0083 Wk's COmP• 1,800 1,223 16,200 0085 Medicare 0090 Cafeteria Benefits 16,200 $162,500 9,948 $108,931 $160,550 TOTAL PERSONNEL SVCS SUPPLIES 500 489 1100 Office Supplies 500 323 1,200 1200 Departmental Supplies 1300 Small Tools & Equip $1,000 $812 $1,200 TOTAL SUPPLIES OPERATING EXPENDITURES 1,500 996 1,500 2110 Printing 2200 Equipment Maint. 450 100 500 2315 Membership & Dues 300 290 350 2320 Publications 150 46 150 2325 Meetings 750 621 1,000 2330 Travel-Conf & Mtgs 200 151 200 2335 Mileage & Auto Allow 500 275 700 2340 Education & Training $3,850 $2,479 $4,400 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 6,000 4000 Professional Services 15,540 15,000 15,000 4010 Auditing Services 13,860 71983 14,000 4030 Data Processing Svcs. $29,400 $22,983 $35,000 TOTAL PROF SVCS CAPITAL OUTLAY 600 6230 Computer Equipment $600 -----$0--$0 TOTAL CAPITAL OUTLAY $197,350 $135,205 $201,150 DEPARTMENT TOTAL -33- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1994-95 DIVISION TITLE: GENERAL tiOVERMKM DIVISION NO. 4090 This division provides funds for the operating, rental and general operation of City Hall. Included in this are items which cannot be specifically identified as one division's expenditure, such as utilities, duplicating, postage, etc. This division provides for the purchase of general office furniture and equipment. PERSONNEL Total Positions 0.00 -34- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1994-95 DEPARTMENT: DIVISION: ACCOUNT M General Govt. General Govt. 4090 1993-94 Actuals as of City Manager PERSONNEL SERVICES Amended Budget 03/31/94 Recommended 0083 Worker's Comp. Exp. (453) 0093 Benefits Administration 1,000 763 1,000 TOTAL PERSONNEL SVCS $1,000 $310 $1,000 SUPPLIES 1100 Office Supplies 0 1200 Operating Supplies 1300 Small Tools & Equip 10,500 5,508 9,500 TOTAL SUPPLIES 500 $11,000 643 $6,151 500 $10,000 OPERATING EXPENDITURES 2100 Photocopy 2110 Printing 5,000 4,662 6,500 2115 Advertising 5,000 4,556 6,000 2120 Postage 1,000 391 1,000 2125 Telephone 16,000 12,495 18,500 2126 Utilities 24,000 20,560 28,000 2128 Banking Charges 100 500 100 2130 Rental/Lease-Equip. 14,000 367 12,207 500 21,200 2140 Rent/Lease-Real Prop 2200 Equipment Maint. 150,000 52,008 155,000 2205 Computer Maint 6,000 5,031 14,000 2210 Maint-Grounds & Bldg 5,000 13,500 4,582 8,000 2310 Fuel 9,421 18,000 2315 Membership & Dues 500 26,500 411 21,580 700 26,500 2320 Publications 2325 Meetings 1,000 834 1,200 2330 Travel-Conf & Mtgs 2,000 2,408 3,500 2340 Education & Training 1,000 131 2345 Employment Physicals 1,000 134 1,000 2395 Misc. Expenditures 1,000 TOTAL OPERATING EXP. $272,100 390 $152,168 500 $311,200 PROFESSIONAL SERVICES 4000 Professional Svcs 4010 Prof Svcs -Auditing 36,000 37,748 42,000 4020 Prof Svcs - Legal 3,600 1,100 1,800 3,600 4030 Prof Svcs -Data Proc 1,000 1,100 TOTAL PROF SVCS $41,700 $40,648 $45,600 CAPITAL OUTLAY 6100 Auto Equipment 6200 Office Equipment 12,000 6220 Office Furniture 3,000 2,758 4,500 1,000 6230 Computer Equipment -Hardware 4,500 3,203 12,500 6235 Computer Equipment -Software 6240 Communications Equipment 5,000 6250 Misc. Equipment 1,050 1,428 9,800 5,000 TOTAL CAPITAL OUTLAY $8,550 $7,389 $49,800 DEPARTMENT TOTAL $334,350 $206,666 $417,600 -35- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1994-95 DIVISION TITLE: COMMUNITY RELATIONS DIVISION NO. 4095 This division is to provide for the general advancement of the City of Diamond Bar. Included in this budget are funds for the creation and the publication of the City newsletter. Various community awards, certificates, and recognition plaques will be funded through this department. Also the City will be providing support to the local business community through various economic development programs. PERSONNEL FULL TIME PERSONNEL Community Relations Officer 1.00 Total Positions 1.00 -36- PERSONNEL SERVICES 0010 Salaries 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits SUPPLIES 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2120 Postage 2130 Rental/Lease of Equipment 2350 Newsletter 2352 Promotional Items 2353 Anniversary 2355 Contr Community Grps 2360 Graffiti Reward Program 2395 Misc. Expenditures $0 TOTAL OPERATING EXP. PROFESSIONAL SVCS 4260 Economic Development TOTAL PROF SVCS DEPARTMENT TOTAL $114,650 $62,825 $120,650 -37- 39,450 550 5,550 500 600 6,000 $0 $0 $52,650 13,000 10,146 17,000 $13,000 $10,146 $17,000 2,400 2,260 15,000 6,500 2,199 7,000 3,000 2,836 3,000 50,000 37,072 1,500 1,500 1,500 7,500 7,500 5,000 5,000 750 550 500 $76,650 $44,917 $41,000 25,000 7,762 10,000 $25,000 $7,762 $10,000 DEPARTMENT TOTAL $114,650 $62,825 $120,650 -37- THIS PAGE LEFT INTENTIONALLY BLANK Mr -c CITY OF DIAMOND BAR Department -Community Develo mer ♦ Planning ♦ Building & Safety -39- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 1994-95 PERSONNEL SERVICES SUPPLIES OPERATING EXPENDITURES PROFESSIONAL SERVICES CONTRACT SERVICES DEPARTMENTAL TOTAL -40- DEPARTMENT Community Dev. DlYtSIpN: Summary ACCOUNT''#: 4290»4220 1993-94 Amended Budget Actuals as of City Manager 03/31/94 Recommended 323,600 3,050 230,261 325,600 16,050 3'180 9,493 3,050 131,200 78,735 12,500 220,000 $693,900 135,527 88,200 226.000 $457,196 $655,350 CITY OF DIAMOND BAR DEPARTMENT: Community Dev. ESTIMATED EXPENDITURES 1994-95 Photocopying VISION: ZCOUNT#..- Summary 4210-4220 10,000 1993-94 Actuals as of City Manager 474 Amended Budget 03/31/94 Recommended PERSONNEL SERVICES 2,803 2,000 2120 0010 Salaries 227,400 159,595 231,300 0020 Overtime 4,000 3,792 1,500 0030 Wages - Part time 17,250 17,763 19,800 0070 City Paid Benefits 2,800 1,768 2,650 0080 Retirement 35,850 21,333 32,400 0083 Worker's Comp Exp. 3,950 3,207 4,150 0085 Medicare 4,100 3,660 4,900 0090 Cafeteria Benefits 28,250 19,143 28,900 TOTAL PERSONNEL SVCS $323,600 $230,261 $325,600 SUPPLIES 1,851 3,000 2335 1100 Office Supplies 1,500 2,036 1,000 1200 Operating Supplies 1,500 1,144 3,000 1300 Small Tools & Equip 50 TOTAL OPERATING EXP. 50 TOTAL SUPPLIES $3,050 $3,180 $3,050 OPERATING EXPENDITURES 2100 Photocopying 500 4,934 10,000 2110 Printing 2,000 474 1,000 2115 Advertising 5,000 2,803 2,000 2120 Postage 200 77 200 2130 Equipment Rent 1,000 796 900 2200 Equipment Maint. 700 706 750 2310 Fuel 700 512 700 2315 Membership & Dues 1,000 736 1,000 2320 Publications 450 288 450 2325 Meetings 500 273 500 2330 Travel-Conf & Mtgs 3,000 1,851 3,000 2335 Mileage & Auto Allow 500 567 1,000 2340 Education &Training 500 410 1,000 $5,000 TOTAL OPERATING EXP. $16,050 $9,493 $12,500 PROFESSIONAL SERVICES 4000 Professional Svcs 10,000 4,934 10,000 4100 Commissioner Comp. 7,200 2,520 7,200 4110 Com. Comp-SEATAC 1,000 1,000 4210 Planning -Regional 0 10,000 4220 General Plan 68,000 49,873 35,000 4240 Environmental Svcs 45,000 21,408 25,000 TOTAL PROF SVCS $131,200 $78,735 $88,200 CONTRACT SERVICES 5201 Contr Svcs -B & S 220,000 135,527 220,000 5211 Contr Svcs -Code Enforcement 6,000 TOTAL CONTRACT SVCS $220,000 $135,527 $226,000 CAPITAL OUTLAY 6220 Office Furniture 5,000 268 3,000 TOTAL CAPITAL OUTLAY $5,000 $268 $3,000 DEPARTMENT TOTAL $698,900 $457,464 $658,350 -41- CITY OF DIMOND BAR ACTIVITY COMMZNTARY 1994-95 DIVISION TITLE• PLANNING DIVISION NO 4210 The Department of Community Development is responsible for the functions related to current and advanced planning, building & safety, code enforcement, and economic development. It consists of two operating divisions. The Planning Division provides the community with long and short term planning in order to coordinate and monitor growth and development. It is charged with the development and implementation responsibilities of the General Plan. It prepares and administers the zoning and subdivision ordinances and reviews development projects for compliance with various development ordinances. The Planning Division insures that all projects receive the required environmental review in compliance with CEQA. Further, it provides technical support to the City Council and the various planning related committees/commissions. The Planning Division is also responsible for the development and administration of economic development. It updates and maintains records for the general public and coordinates projects and programs with other governmental agencies. PERSONNEL FULL TIKE POSITIONS Community Development Director .975 Associate Planner 1.000 Assistant Planner 1.000 Code Enforcement Officer 1.000 Admin. Secretary 1.000 Subtotal 4.975 PART TIKE POSITIONS Planning Intern 2.000 Total Positions -42- 6.975 CITY OF DIAMOND BAR ESTEWATED EXPENDITURES MENT: EACC:OUNT#: Community Dev. 199495 : PI�r►rting 4210 1993-94 Actuals as of City Manager PERSONNEL SERVICES Amended Budget 03/31/94 Recommended 0010 Salaries 0020 Overtirne 227,400 159,595 231,300 0030 Wages - Part time 4,000 3,792 1,500 0070 City Paid Benefits 17,250 1 ,763 19,800 0080 Retirement 2'800 1 1,768 2,650 0083 Worker's Comp. Exp, 35,850 21,333 32,400 0085 Medicare/Social Security 3,950 3,207 4,150 0090 Cafeteria Benefits� 4,100 3,660 4,900 TOTAL PERSONNEL SVCS 28'250 $323,600 19,143 28,900 $230,261 $325,600 SUPPLIES 1100 Office Supplies 1200 Operating Supplies 1,500 2,036 1300 Small Tools & Equip 1.500 1,144 3,000 TOTAL SUPPLIES 50 $3,050 $3,180 50 $3,050 OPERATING EXPENDITURES 2100 Photocopying 2110 Printing 500 2115 Advertising 2,000 474 1,000 2120 Postage 5,000 2,803 2,000 2130 Equipment Rent 200 77 200 2200 Equipment Maint. 1,000 796 900 2310 Fuel 700 706 750 2315 Membership & Dues 700 512 700 2320 Publications 1,000 736 1,000 2325 Meetings 450 288 450 2330 Travel-Conf & Mtgs 500 273 500 2335 Mileage & Auto Allow 3,000 500 1,851 3,000 2340 Education & Training 567 1,000 TOTAL OPERATING EXP500 $15,550 410 1,000 $9,493 $12,500 PROFESSIONAL SERVICES 4000 Professional Svcs 4100 C =ftsloner Comp. 10,000 4'9 34 10,000 4110 Com. Comp - SEATAC 7 200 2,520 7,200 4210 Planning 1,000 1,000 4220 General Plan 0 10,000 4240 Environmental 68,000 49,873 35,000 TOTAL PROF SVCS45,000 $131,200 21,408 25,000 $78,735 $88,200 CONTRACT SERVICES 5211 Cont Svcs - Code Enf Prosecution $06,000 $0 $6,000 CAPITAL OUTLAY 6220 Office Furniture TOTAL CAPITAL OUTLAY 5,000 $5,000 268 3,000 $268 $3,000 DEPARTMENT TOTAL $478,400 $321,937 $438,350 -43- CITY OF DIAMOND BAR ACTIVITY COXXZNTARY 1994-95 AND SAF$TY DTVTSTON 1dO. 42� DIVISION TITLE.. BUILDING The Building and Safety Division is responsible for the protection of public health and safety through the enforcement of the Building Code and other related codes. This division provides for Building and Safety plan check, permit issuance, and inspection services. These services are currently being provided under contract with D & J Engineering. pERSONNEL Total positions 0.00 -44- CITY OF DIAMOND BAR DEPARTMENT: Community Dev. ESMUTED EXPENDITURES DIVISION owl; A Safety 199495 ACCOUNT #: 4220 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended CONTRACT SERVICES 5201 Bldg & Safety 220,000 135,527 220,000 TOTAL CONTRACT SVCS $220,000 $135,527 $220,000 DEPARTMENT TOTAL $220,000 $135,527 $220,000 -45- THIS PAGE LEFT INTENTIONALLY BLANK -46- CITY OF DIAMOND BAR Department - Community Services ♦ Park Administration ♦ City Parks Paul C. Grow Park Heritage Park Maple Hill Park Peterson Park, Ronald Reagan Park Starshine Park Summitridge Park Sycamore Canyon Park ♦ Recreation -47- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES DEPARTMENT: Community Svcs 199495 OlVFSrOI�y Summary ACCOUNT#; 4310-435Q 1993-94 Actuals as of City Manager PERSONNEL SERVICES Amended Budget 03/31/94 Recommended SUPPLIES 220,160 130,5¢2 224,950 OPERATING EXPENDITURES 28,300 28,124 39,000 PROFESSIONAL SERVICES 207,400 125,54 2 CONTRACT SERVICES 13'800 2,7754 4,810 4 ,800 CAPITAL OUTLAY 528,250 312,226 464,510 DEPARTMENT TOTAL 5,650 $1,003,560 4,466 $603,560 .22,400 $985,470 -49- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 199495 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages -Part Time 0070 City Paid Benefits 0080 Benefits 0083 Workers Comp. Exp. 0085 Medicare 0090 Cafeteria Benefits TOTAL PERSONNEL SVC SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2120 Postage 2125 Telephone 2126 Utilities 2130 Equipment Rent 2140 Rent/Lease-Real Prop 2200 Equipment Maint. 2210 Maint-Grounds & Bldg 2310 Fuel 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Meetings 2335 Mileage 2340 Education & Training TOTAL OPERATING EXP. PROFESSIONAL SERVICES 4100 Commissioner Comp 4300 Professional Svcs TOTAL PROF SVCS CONTRACT SERVICES 5300 Contract Services 5305 Concerts in the Park 5310 Excursions TOTAL CONTRACT SVCS CAPITAL OUTLAY 6100 Auto Equipment 6200 Office Equipment 6230 Computer Equipment 6250 Misc. Equipment 6410 Captial Improvements TOTAL CAPITAL OUTLAY DEPARTMENT TOTAL DEPARTMENT; Community Svcs DIVISION; Summary ACCOUNT * 4310-4350 1993-94 Amended Budget Actuals as of City Manager 0 03/31/94 Recommended 141,300 500 71,374 129,150 28,400 2'070 27,081 500 2,300 922 43,200 21,150 12,2231, 750 5,250 2, 755 20,900 4,150 2'821 6,250 17,110 11,306 4,000 $220,160 $130,552 19,200 $224,950 28,300 0 28,124 39,1)00 $28,`11,: j $28,1240 _$39,000 500 187 0 100 400 188 100 4,900 326 1,7060 86,050 53,231 7'180 500 82 101, 830 70,000 34 500 4,500 ,126 1,463 70, 000 34,100 30,4013,000 2,800 1,733 39,850 300 125 2,800 100 0 350 2,05o 880 100 700 6 2,050 0 1,600 400 8 8 292 50 $207,400 $125,438 400 $229,810 4,800 91000 880 4,800 $13, 800 1,874 $2, 754 0 $4,800 498,950 10,400 295,493 435,110 18,900 10,403 10,500 $528,2506,330 $312,226 18,900 $464,510 0 0 0 3,000 0 0 1,000 5,650 0 4 4, 000 0 ,466 0 9,400 $5,650 $4,466 51000 $22,400 $1,003,560 $603,560 $985,470 ESTIMATED EXPENDITURES DEPARTMENT: Community Svcs' 199495 #glOt�:Park Admin. Gat1N+tT llt: 43.1 1993-94 Actuals as of City Manager PERSONNEL SERVICES Amended Budget 03/31/94 Recommended 0010 Salaries 0020 OveMm 63,950 28,512 64,400 0030 Wages - Part Time1,812 7,900 0070 City Paid Benefits 1,959 0080 Retirement 1,150 374 850 0083 WWS Comp. Exp. 9,100 4,274 9,050 0085 Medicare /Social Security 3,250 1,831 3,200 0090 Cafeteria Benefits 1,450 589 950 TOTAL PERSONAL SVCS 10 ,300 $97,100 5,334 9,300 $44,685 $87,750 SUPPLIES 1200 Operating Supplies 6,800 1300 Small Tools & Equip 7,836 7,000 TOTAL SUPPLIES $6,800 $7,836 $7,000 OPERATING EXPENDITURES 2110 Printing 2115 Advertising 0 2120 Postage 100 t88 100 ui 2130 Equipment pment Rent 50 2200 Equipment Maint. 500 82 500 2210 Maint-Grounds & Bldg 2,000 1,463 3,000 2310 Fuel 2,000 1,220 3,400 2315 Membership & Dues 2,800 1,733 2,800 2320 Publications 300 125 350 2325 Meetings 100 100 2330 Travel-Conf & Mtgs 250 81 250 2335 Mileage 700 690 1,600 2340 Education & Trainin 8 50 TOTAL OPERATING EXP 400 $9,200 292 400 $5,882 $12,550 PROFESSIONAL SERVICES 4300 Prof. Services TOTAL PROF SVC 0 194 $0 $194 CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC 0 0 0 $0 $0 $0 CAPITAL OUTLAY 6100 Auto Equipment 6200 Office Equipment 3,000 6230 Computer Equipment 1,000 6250 Misc. Equipment 4,000 TOTAL CAPITAL OUTLAY 31400 $0 $0 $11,400 DEPARTMENT TOTAL $113,100 $58,597 $118,700 -51- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES DEP/IRTIiAtMT: Community soca 199495 DlVItE3iYt: L3rovr Park ACCCP1lrlT A."AI . 1983-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended OPERATING EXPENDITURES 2125 Telephone 2126 Utilities 2210 Maint-Grounds & Bld 9 10,200 5,404 720 11,730 TOTAL OPERATING EXP 2,500 $12,700 2,483 $7,887 3,000 $15,450 CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC 13,750 8,800 13,850 $13,750 $8,800 $13,850 CAPITAL OUTLAY 6250 Misc Equipment $0 $0 1,000 $1,000 DEPARTMENT TOTAL $26,450 $16,687 $30,300 —52— CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 199495 T: DIVISION_ EACCOUNT#: community Svcs Herage,Park 4313 1993-94 Actuals as of City Manager Approved Budget 03/31/94 Recommended OPERATING EXPENDITURES 2125 Telephone 2,800 645 2,800 2126 Utilities 2210 Maint-Grounds & Bldg 9,400 4,300 3,991 3,173 10,800 TOTAL OPERATING EXP $16,500 $7,809 5,250 $18,850 CONTRACT SERVICES 5300 Com. Svcs. contract 12,000 8,238 9,500 TOTAL CONTRACT SVC $12,000 $8,238 $9,500 CAPITAL OUTLAY 6250 Misc. Capital Equipment 4,150 $3,100 $3,000 TOTAL CAPITAL OUTLAY $4,150 $3,100 $3,000 DEPARTMENT TOTAL $32,650 $19,147 $31,350 =IC -54- DIAMOND BAR QirPARTMI~NT. �,Ikc CITY OF ESTIl�IATED EXPENDITURES DtYt$rld:�l: P AC OOUE�IT 199495 1993-94 Actuals as of City Manager Recommended Amended Budget 03131194 SUPPLIES 1200 Operating Supplies $0$0 $0 TOTAL SUPPLIES OPERATING EXPENDITURES 720 2125 Telephone 11,500 5,946 13,225 2126 Utilities 2210 Maint-Grounds & Bldg 4,000 2,222 4,000 $8,168 $17,945 TOTAL OPERATING EXP $15,500 CONTRACT SERVICES 12,000 7,200 11,340 5300 Com. Svcs. contract $12,000 $7,200 $11'340 TOTAL CONTRACT SVC CAPITAL OUTLAY 3,000 6410 Capital Improvements $0 $0 $3,000 TOTAL CAPITAL OUTLAY DEPARTMENT TOTAL $27,500 $15,368 $32,285 -54- CITY OF DIAMOND BAR DEPARTMENT: Community sVCB ESTIMATED EXPENDITURES DWISIQN: P+lyfertzori Park 1994-95 ACCOUNT #: 4319' -55- 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended OPERATING EXPENDITURES 2125 Telephone 2126 Utilities 2210 Maint-Grounds &Bld 9 15,500 8,239 720 15,500 TOTAL OPERATING EXP 4,200 $19,700 4,106 $12,345 4,200 $20,420 CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC 22,000 9,600 15,120 $22,000 $9,600 $15,120 CAPITAL OUTLAY 6410 Capital improvements 1,000 $0 $0 $1,000 DEPARTMENT TOTAL $41,700 $21,945 $36,540 -55- SUPPLIES 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2125 Telephone 2126 Utilities 2210 Maint-Grounds & Bldg TOTAL OPERATING EXP CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC CAPITAL OUTLAY 6410 Capital Improvement 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended 0 5] 0 720 10,800 9,502 14,375 2,100 1,833 2,500 $12,900 $11,335 $17,595 13,100 8,000 13,100 $13,100 $8,000 $13,100 0 1,000 0 1,000 DEPARTMENT TOTAL $26,000 $19,335 $31,695 -j6- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 199495 DEP,ARTi4AEMT: GtYI$IE ACCOUNT #: ConiM tnity Svcs Staashs Park 4326 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended OPERATING EXPENDITURES 2126 Utilities 4,300 3,981 5,900 2210 Maint-Grounds & Bldg 1,000 447 1,000 TOTAL OPERATING EXP $5,300 $4,428 $6,900 CONTRACT SERVICES 5300 Com. Svcs. contract 5,700 4,428 6,300 TOTAL CONTRACT SVC $5,700 $4,428 $6,300 DEPARTMENT TOTAL $11,000 $8,856 $13,200 -57- 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended OPERATING EXPENDITURES 16,350 11,049 21,100 2126 Utilities 7,000 6,148 4,000 2210 Maint Grounds & Bldg TOTAL OPERATING EXP $23,350 $25,100 $17,197 CONTRACT SERVICES 20,40012,287 18,900 5300 Com. Svcs. contract TOTAL CONTRACT SVC $20,400 $12,287 $18,900 DEPARTMENT TOTAL $43,750 $29,464 $44,000 -58- CITY OF DIAMOND BAR ESTMATED EXPENDITURES 199495 DEPARTIyi ; OIV15tE3N: ACCt7UNT #. Community Svcs Sycatrtoce Pari 4391 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended OPERATING EXPENDITURES 2125 Telephone 2126 Utilities 2,100 1,061 1,500 2210 Maint-Grounds & Bldg 8,000 9,500 5,119 8,769 9,200 TOTAL OPERATING EXP $19,600 $14,949 12,500 $23,200 CONTRACT SERVICES 5300 Com. Svcs. contract TOTAL CONTRACT SVC 30,000 22,481 40,000 $30,000 $22,481 $40,000 CAPITAL OUTLAY 6250 Misc. Equipment TOTAL CAPITAL OUTLAY $0 $0 2,000 $2,000 DEPARTMENT TOTAL $49,600 $37,430 $65,200 DTZ CITY OF DIAMOND BAR ESTIMATED EXPENDITURES DEPARTMENT; Community Svcs 199495 DIVISION: Recrea#Ion ACCOUNT #: Al 1993-94 Actuals as of City Manager PERSONNEL SERVICES Amended Budget 03/31/94 Recommended 0010 Salaries 0020 Overtime 77,350 42,862 64,750500 0030 Wages -Part Time 258 500 0070 City Paid Benefits 20,500 25,122 43,200 0080 Retirement 1,150 548 900 0083 Worker's Comp. Exp. 12,050 7,949 11,850 0085 Medicare 2,000 924 3,050 0090 Cafeteria Benefits 2'700 2,232 3,050 TOTAL PERSONNEL SVC 11,900 $128,150 5,972 9,900 $85,867 $137,200 SUPPLIES 1200 Operating Supplies 1300 Small Tools $ Equip 21,500 20,288 32,000 TOTAL SUPPLIES $21,500 $20,288 $32,000 OPERATING EXPENDITURES 2110 Printing 2120 Postage 500 187 2140 Rent/Lease of Prop. 350 326 2325 Meetings 70,000 34,126 70,000 TOTAL OPERATING EXP $71'800 2,650 799 $35,438 1,800 $71,800 PROFESSIONAL SVCS 4000 Professional Services 4,000 4100 Commissioner Comp 1,680 4300 Prof Svcs -Com Svcs 4,800 880 4,800 TOTAL PROF SVCS 5,000 $13,800 $2,560 $4,800 CONTRACT SERVICES 5300 Com. Svcs. contract 5305 Concerts In the Park 300,000 214,459 307,000 5310 Prop A Excursions 10,400 10,403 10,500 TOTAL CONTRACT SVC 18,900 $329,300 6,330 18,900 $231,192 $336,400 CAPITAL OUTLAY 6250 Misc. Equipment 1,500 1,366 $1,500 $1,366 $p DEPARTMENT TOTAL $566,900 $376,711 $582,200 -60- CITY OF DIAMOND BAR Department - Public Safety ♦ law Enforcement ♦ Fire ♦ Animal Control ♦ Emergency Preparedness -61- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES 199495 DEPARTMENT: ©IVI$Il'3N; ACCOUNT #: Pub0c suety Summary 4411-4440 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended SUPPLIES 2,900 132 5,000 OPERATING EXPENDITURES 25,549 15,880 27,600 PROFESSIONAL SERVICES 17,500 11,098 0 CONTRACT SERVICES 3,834,526 2,106,098 3,891,730 CAPITAL OUTLAY 9,650 8,403 15,500 DEPARTMENT TOTAL $3,890,125 $2,141,611 $3,939,830 W10 CITY OF DIAMOND BAR DEPARTMENT; Public Safety ESTIMATED EXPENDITURES 1994-95 DIVISION: Su„mry ACCOUNT #E: 4411-4440 -63- 1993-94 Amended Budget Actuals as of City Manager SUPPLIES 03/31/94 Recommended 1200 Operating Supplies TOTAL SUPPLIES 2,900 132 5,000 2,900 132 5,000 OPERATING EXPENDITURES 2110 Printing 2120 Postage 2,100 0 0 2125 Telephone 0 0 11500 2126 UtNties 1,000 784 1,000 2130 Equipment Rent 200 86 100 2200 Equipment Maint. 0 0 21,000 2315 Membership & Dues 18,249 14,605 0 2325 Meetings 3,000 0 3,000 2340 Education $ Training 500 405 500 TOTAL OPERATING EXP,500 $25,549 0 500 $15,880 $27,600 PROFESSIONAL SERVICES 4040 Emergency Co-ord TOTAL PROF SVCS 17,500 11,098 0 $17,500 $11,098 $0 CONTRACT SERVICES 5401 Contr Svcs -Sheriff 5402 Cony Svcs -Fire 3,672,000 2,014,659 3,720,000 5403 Contr Svcs -An Contri 7'526 0 7,530 5404 Contr Svcs - Sheriff S Evts 50,000 37,369 54,200 5405 Parking Citation Admin 40,000 22,855 40,000 5531 CS - Crossing Guards5,000 2,844 5,000 TOTAL CONTRACT SVCS 60,000, $3,834,526 28,371 65,000 $2,106,098 $3,891,730 CAPITAL OUTLAY 6100 Vehicle Equip 6240 ' Communications Eq 9,000 8,403 4,500 6230 Computer Equipment 0 0 0 6250 Misc Equipment 0 0 2,500 6310650 ft Improvements 0 0 TOTAL CAPITAL OUTLAY 0 $9,650 8,500 $8,403 $15,500 DEPARTMENT TOTAL $3,890,125 $2,141,611 $3,939,830 -63- CITY OF DIAMOND BAR ACTIVITY COMENTARY 1994-95 DIVISION TITLE: LAW ENFORCMUMM DIVISION NO. 4 The City of Diamond Bar contracts with the Los Angeles County Sheriff's Department for law enforcement services. These services include general law enforcement and traffic safety. General law enforcement provides an assortment of officers to provide crime prevention via around-the-clock street patrols, narcotics prevention, special investigations and the general enforcement of laws. Traffic safety provides routine traffic patrol as a means of encouraging motorists and pedestrians to comply with traffic laws and ordinances and, when necessary, issue citations and/or warnings for violations. Traffic accidents are investigated and their circumstances recorded and analyzed. This division also includes contract services for crossing guards and the administration of the City's parking citations. With the passage of AB408, Cities are now required to issue and collect their own parking citations. The City is currently under contract with Judicial Data Systems for the administration of parking citations. -64- CITY OF DIAMOND BAR DEPARTMENT: Publ11 Safety ESTEWATED EXPENDITURES DIVISION: Law Enforcement 199495 ACCOUNT#: 4411 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended OPERATING EXPENDITURES 2130 Equipment Rent 2200 Equipment Maint. 18,249 14,605 20,000 2325 Meetings TOTAL OPERATING EXP. 500 405 500 $18,749 $15,010 $20,500 CONTRACT SERVICES 5401 Contr Svcs -Sheriff 3,672,000 2,014,659 3,720,000 5404 Contr Svcs -Sheriff Sp Events 40,000 22,855 40,000 5405 Parking Citation Administration 5,000 2,844 5,000 5531 CS -Crossing Guards 60,000 28,371 65,000 TOTAL CONTRACT SVCS $3,777,000 $2,068,729 $3,830,000 DEPARTMENT TOTAL $3,795,749 $2,083,739 $3,850,500 -65- CITY OF DIAMOND BAR ACTIVITY CoXKZNTARy 1994-95 �IVIBION TITLB• pTno A DIVISIAN NO. 4421 The City, upon incorporation protection within the City boundaries came responsible for fire Thereore the City assumed wildland fire protection. This has requiredfadditional resources to be used by the Consolidated Fire Protection District. It is a responsibility of the City to pay annually for these added costs. -66- CITY OF DIAMOND BAR ESTII"TED EXPENDITURES 199495 DEPARTMENT: public Safety plYt310i�: Fire ACCOI. #: 4421 City Manager 1993-94 Actuals 94 of R ended Amended Bud et 03/31119 $7,530 CONTRACT SERVICES $7,526 7,530 5402 Contr Svcs -Fire 7,526 TOTAL CONTRACT SVCS $7,530 $7,526 DEPARTMENT TOTAL -67- CITY OF DIAMOND BAR ACTIVITY COKUNTARY 1994-95 DIVISION TTTLB• ANI sr CONTAor Animal Control provides for the care, animals who stray from their homes or This service, currently provided by Society,•includes enforcement of leash shelter for homeless animals. -68- DIVISION NO. 4431 protection, and control of are abused by their owners. the Pomona Valley Humane laws and the provision of a CITY OF DIAMOND BAR DEPARTMENT: Public Safety ESTIMATED EXPENDITURES DIVISION: AnhnotPontmi 1993-94 ACCOUNT*: 4431 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended CONTRACT SERVICES 5403 Contr Svcs-An Contrl 50,000 37,369 54,200 TOTAL CONTRACT SVCS $50,000 $37,369 $54,200 DEPARTMENT TOTAL $50,000 $37,369 $54,200 -69- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1994-95 DIVISION TITLE: EMERGENCY PREP DIVISION NO. 4440 EMERGENCY PREPAREDNESS The preservation of life and property is an inherent responsibility of local, state and federal governments. The City of Diamond Bar therefore, has prepared a comprehensive planning document, known as the Multihazard Functional Plan, which serves as the basis for the City's emergency organization and emergency operations. The primary objectives of this plan are to enhance the overall capabilities of government to respond to emergencies. This is accomplished by incorporating the policies, principles, concepts and procedures contained within this plan into an efficient organization capable of responding adequately in the face of any disaster. PERSONNEL Total Positions 0.00 -70- CITY OF DIAMOND BAR LACCOUNT41, TMENT: Public Safety ESTIMATED EXPENDITURES DIVISION" Emergency Prep 4440 199495 1993-94 Acutals as of City Manager Amended Budget 03/31194 Recommended SUPPLIES 2,900 132 5,000 1200 Operating Supplies $2,900 $132 $5,000 TOTAL SUPPLIES OPERATING EXP. 2,100 2110 Printing 1,500 2210 Postage 1,000 784 1,000 2125 Telephone 200 86 100 2126 Utilities 1,000 2130 Equipment Rent 3,000 3,000 2315 Membership & Dues 500 500 2340 Education &Training $6,800 $870 $7,100 TOTAL OPERATING EXP PROFESSIONAL SVCS 17,500 11,098 4040 Emergency Co-ord 17,500 11,098 TOTAL PROF SVCS CAPITAL OUTLAY 9,000 8,403 4,500 6100 Vehicle Equipment 2,500 6230 Computer Equipment 8,500 6240 Communications Eq. 650 6250 Equipment9,650 TOTAL CAPITAL OUTLAY 8403 , 15,500 DEPARTMENT TOTAL $36,850 $20,503 $27,600 -71- THIS PAGE LEFT INTENTIONALLY BLANK -72- CITY OF DIAMOND BAR Department - Public Works ♦ Public Works ♦ Engineering ♦ Traffic & Transportation ♦ Landscape Maintenance -73- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1994-95 DEPARTMENT TITLE: PUBLIC WORXB/ GINEERTNG DEPT NO. 4510-4556 The Public Works Department provides information on General Engineering matters relating to City streets, public right-of-ways, City's Capital projects, utilities, traffic related issues, etc. to the general public, contractors, developers, utility companies, and other public agencies. It coordinates City projects and plans with other governmental agencies to ensure that the City's concerns are addressed (i.e. SCAG, LACTC, CalTrans, County of Los Angeles) This department manages and enforces the City's requirements for subdivisions, lot development, utilities, vehicle/pedestrian traffic, and the use of public right-of-way. All plans and projects for proposed development are reviewed and any required reports are prepared for the Planning Commission, Traffic and Transportation Commission, and the City Council. The department is responsible for the City's traffic and transportation activities, grant administration, and the administration of related Capital Projects Funds. The department is also responsible for the day-to-day maintenance of all publically owned properties, including streets, curbs, gutters, sidewalks, traffic signals, signs, street lights, sewers and storm drains. The department administers the maintenance contracts to accomplish the fore mentioned items. PERSONNEL FULL TIME POSITIONS Public Works Director 1.00 Senior Engineer 1.00 Assistant Civil Engineer 1.00 Admin Assistant 1.00 Secretary 1.00 Sub Total 5.00 PART TIME POSITIONS Intern 1.00 Total Positions 6.00 -74- CITY OF DIAMOND BAR DEPARTMENT: Pub#c'works ESTEWATED EXPENDITURES 199495 DIVISION: ACCOUNT #: Summary 45:104556 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended PERSONNEL SERVICES 223,250 108,934 320,550 SUPPLIES 5,000 2,270 5,000 OPERATING EXPENDITURES 56,500 39,000 67,550 PROFESSIONAL SERVICES 61,600 2,750 46,000 CONTRACT SERVICES 1,252,638 745,956 849,100 CAPITAL OUTLAY 4,000 408 1,500 DEPARTMENT TOTAL $1,602,988 $899,318 $1,289,700 -75- PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part time 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits 2330 TOTAL PERSONNEL SVCS SUPPLIES 1100 Office Supplies 1200 Operating Supplies 1300 Small Tools & Equip TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2120 Postage 2125 Telephone 2126 Utilities 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs 2335 Mileage & Auto Allow 2340 Education & Training 4,300 29,600 TOTAL OPERATING EXP PROFESSIONAL SERVICES 4000 Professional Svcs 4100 Commissioner Comp 4230 Pavement Mgt 4240 Enviromental TOTAL PROF SVCS CONTRACT SERVICES 5221 CS -Engineering 5222 CS -Traffic 5223 CS -Plan Check 5224 CS -Soils 5226 CS -Surveying 5227 CS -Inspection (CIP 5500 CS -PW 5501 CS -Street Sweeping 5502 CS -Road Maint 5503 CS -Pkwy Maint 5504 CS-Sidewlk Insp/Rep 1993-94 Amended Budget Actuals as of City Manager 2,600 03/31/94 Recommended 157,050 78,120 237,700 10,250 137 2,923 0 91900 2,350 24,750 1,145 2,700 1,700 10,375 33,350 3,150 993 1,363 3,000 24,000 13,878 4,300 29,600 $223,250 $108,934 $320,550 3,000 1,036 0 2,000 1,234 5,000 00 $5,000 $2,270 0 $5,000 2,500 2,565 1,750 2,600 177 1.700 700 0 0 1,000 86 0 45,000 34,750 60,000 800 338 700 500 68 500 500 1,000 90 500 700 0 81 11000 1,200 845 200 1.,200 $56,500 $39,000 $67,550 3,000 11990 3,000 3,600 55,000 760 3,000 00 0 30,000 $61,600 $2,750 10,000 $46,000 73,938 67,609 9,000 18,500 85,000 8,528 38,000 25,000 24,217 30,000 51000 801 51000 40,000 0 13,734 2,500 30,000 153,000 66,022 0 100,000 59;765 104,000 200,000 81,136 200,000 145,700 132,791 9,500 0 0 45,000 io- CITY OF DIAMOND BAR IDIEPARTMENT: Public Warks ESTIMATED EXPENDITURES DIVISION Summary. 1994-95 1ACC.04JNT.:*.. 46.104-6.66 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended 5505 CS-Crb/Gutter Repair 0 0 52,000 5506 CS-Stp/Mk/Sign 40,000 15,722 40,000 5507 CS -Traffic Signals 50,000 38,466 55,000 5508 CS-Veg Control 100,000 100,411 65,000 5509 CS -Tree Trimming 100,000 84,202 75,000 5510 CS -Tree Watering 22,000 16,521 22,000 5512 CS -Storm Drainage 10,500 8,758 10,500 5513 CS -Bridge Maint 4,000 0 4,000 5514 CS -Mapping 30,000 0 0 5520 CS -Graffiti Removal 40,000 18,922 30,000 5521 CS -Litter Abatement 0 0 10,600 5530 Contr Svc -Ind Waste 10,000 8,351 12,000 TOTAL CONTRACT SVCS $1,252,638 $745,956 $849,100 CAPITAL OUTLAY 6200 Office Equipment 4,000 408 0 6230 Computer Equipment- Hdwr 0 0 1,500 TOTAL CAPITAL OUTLAY $4,000 $408 $1,500 DEPARTMENT TOTAL $1,602,988 $899,318 $1,289,700 -77- CITY OF DIAMOND BAR DERAaTtuw: Public works ESTIMATED EXPENDITURES ©tYtSION:' Publts works 199495 ACCOUNT #: 4510 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part time 0070 City Paid Benefits 0080. Retirement 0083 Worker's Comp Exp. 0085 Medicare /Social Security 0090 Cafeteria Benefits 2330 TOTAL PERSONNEL SVCS SUPPLIES 1100 Off ce Supplies 1200 Operating Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2120 Postage 2125 Telephone 2126 Utilities 2315 Membership & Dues 2320 Publications 2325 Meetings 2330 Travel-Conf & Mtgs. 2335 Mileage 2340 Education & Training 17,600 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended 85,100 45,328 162,600 5227 88 5500 10,250 2,923 9,900 1,150 724 1,600 13,400 6,009 22,800 950 590 2,050 2,050 888 3,150 12,000 12,356 17,600 $124,900 $68,906 $219,700 3,000 1,036 10,500 2,000 1,234 5,000 $5,000 $2,270 $5,000 1,000 2,565 1,500 500 75 1,000 700 1,000 86 45,000 34,750 60,000 100 80 250 500 68 500 500 90 0 1,000 0 200 81 0 1,200 845 0 $51,700 $38,640 $63,250 4230 Pavement Management 55,000 30,000 4240 Environmental 10,000 TOTAL PROFESSIONAL SVCS. 55,000 0 40,000 CONTRACT SERVICES 5221 CorMrect Svcs - Engineering 5227 Contract Svcs - Inspections 5500 Contract Svcs -Public Wks 5501 Contract Svcs - Street Sweeping 5502 Contract Svcs - Road Maintenance 5504 Contract Svcs - Sidewalk Repair 5505 Contract Svcs - Curb/Gutter 5506 Contract Svcs - Marking/Sign Maint 5507 Contract Svcs - Traffic Signals 5512 Contract Svcs - Storm Drainage 5513 Contract Svcs - Bridge Insp Maint 5530 Contract Svcs - Industrial Waste 38,466 TOTAL CONTRACT SVCS 2,974 1,970 4,000 40,000 13,125 15,000 153,000 66,022 0 100,000 59,765 104,000 200,000 81,136 200,000 45,000 52,000 40,000 15,722 40,000 50,000 38,466 55,000 10,500 8,758 10,500 4,000 4,000 10,000 8,351 12,000 $610,474 $293,315 $541,500 0": 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended CAPITAL OUTLAY 4,000 408 0 6200 Office Equipment 1,500 6230 Computer Equipment $4,000 $408 $1,500 TOTAL CAPITAL OUTLAY DEPARTMENT TOTAL $851,074 $403,539 $870,950 -79- CITY OF DIAMOND BAR DEPARTMENT. Public Works ESTIMATED EXPENDITURES DIVISION. Engineering 199495 ACCOUNT#; 4551 PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part Time 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits 6,000 TOTAL PERSONNEL SVCS OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2315 Membership & Dues 2325 Meetings 2330 Travel - Conterences & Meetings 2335 Mileage 2340 Education $ Training 6,000 TOTAL OPERATING EXP. CONTRACT SERVICES 5221 Cont Svc -Engineering 5222 Cont Svc -Traffic 5223 Cont Svc -Plan Check 5224 Cont Svc -Soils 5226 Cont Svc -Surveying 5227 CS -Inspection 5514 Cont Svc -Mapping Svc 6,000 TOTAL CONTRACT SVCS 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended 42,450 22,139 42,450 600 235 550 6,700 2,944 5,950 450 272 550 650 320 650 6,000 866 6,000 $56,850 $26,776 $56,150 1,000 2,000 500 500 178 250 500 1,000 500 200 1,200 $4,000 $178 $3,650 70,964 65,639 5,000 30 85,000 24,217 30,000 25,000 801 5,000 5,000 2,500 0 609 15,000 30,000 0 $215,964 $91,296 $57,500 DEPARTMENT TOTAL $276,814 $118,250 $117,300 -80- CITY OF DIAMOND BAR DEPARTMENT: Public Works ESTIMATED EXPENDITURES D1VOOK Traffic & Trans 1994-95 ACCOUNT #: " 4553 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended PERSONNEL SERVICES 0010 Salaries 0020 Overtime 0030 Wages - Part Time 0070 City Paid Benefits 0080 Retirement 0083 Worker's Comp Exp. 0085 Medicare 0090 Cafeteria Benefits $44,700 TOTAL PERSONNEL SVCS SUPPLIES 1100 Office Supplies TOTAL SUPPLIES OPERATING EXPENDITURES 2110 Printing 2115 Advertising 2315 Membership & Dues 2320 Publications 450 TOTAL OPERATING EXP. PROFESSIONAL SERVICES 4000 Professional Svcs 4100 Commissioner Comp TOTAL PROF SVCS CONTRACT SERVICES 5222 Cont Svc -Traffic TOTAL CONTRACT SVCS 29,500 10,653 32,650 49 600 186 550 4,650 1,422 4,600 300 131 400 450 155 500 6,000 656 6,000 $41,500 $13,252 $44,700 $0 $0 500 250 100 102 200 200 80 200 $800 $182 $650 3,000 1,990 3,000 3,600 760 3,000 $6,600 $2,750 $6,000 18,500 8,498 38,000 $18,500 $8,498 $38,000 DEPARTMENT TOTAL $67,400 $24,682 L $89,350 -81- CITY OF DIAMOND BAR ESTIlVMATED EXPENDrruREg DEPARTMENT: Public Works 199495:Landscape Maint DIVLACCOUNTI: 4558 CONTRACT SERVICES 5503 CS -Pkwy Maint 5508 CS -Vegetation Cntrl 5509 CS -Tree Trimming 5510 CS -Tree Watering 5520 CS -Graffiti Removal 5521 CS -Litter Abatement 84,202 TOTAL CONTRACT SVCS DEPARTMENT TOTAL -82- 1993-94 Amended Budget Actuals as of City Manager 03/31/94 Recommended 145,700 132,791 9,500 100,000 100,411 65,000 100,000 84,202 75,000 22,000 16,521 22,000 40,000 18,922 30,000 $407,70010,600 $352,847 $212,100 1407—.70-0---$3-52,8-47—$212, 100 CITY OF DIAMOND BAR Department - Transfers Out ♦ Transfers Out -83- CITY OF DIAMOND BAR ACTIVITY COMMENTARY 1994-95 DIVISION TITLE. TR MffTZRS OUT DIVISION NO. 4915 cal Interfund transfers frtransfers to the Self Insurance Fund the General Fund to other funds rand sthe Year 94-95 const Capital Projects Fund. The transfers to the Self Insurance Fund includes the annual transfer as required by City Resolution 89-53 and the i budgeted amount for the City's general liabilityinsurance p m The transfer to the Capital Improvement Projects Fund is for the annual lease purchase payment for the land which is being purchased from the Walnut Valley Water District. This transfer will occur as the funds are expended. -84- CITY OF DIAMOND BAR ESTIMATED EXPENDITURES DEPARTMENT: -::I Transfer out 199495 DIVISION.''Transfer Out AGCOUN'i 1993-94 Actuals as of City Manager OPERATING TRANSFERS OUT Amended Budget 03/31/94 Recommended 9250 Transfer out-CIP Fd 9510 Transfer out -Ins Fd 279,154 285,752 120,000 DEPARTMENT TOTAL 190,000 $469,154 $285,752 263,416 $383,416 -85- THIS PAGE LEFT INTENTIONALLY BLANK -86- SPECIAL FUNDS BUDGETS _87_ THIS PAGE LEFT INTENTIONALLY BLANK -88- OTHER GENERAL FUNDS -89- THIS PAGE LEFT INTENTIONALLY BLANK CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 1994-95 LIBRARY SERVICES FUND FUND DESCRIPTION. FUND TYPE: E3enerat Fund FUNCTIQN: I 7-7 Services FUND This fund is being established this Fiscal Year to account for revenues and expenditures related to the possibility that the Cily would supplement the LA County Public Library funding. This fiscal year It Is being proposed that $160,000 be allocated to fund an additional two days of library operation and $40,000 be allocated for the purchase of additional library materials. The proposed funding source is the possible sale of $310,000 In Prop A Transit funds @ .65, which would net approximately $200,000. FY93-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended ESTIMATED RESOURCES: 3355 intergovt Revenue 200,000 3610 Interest Revenue TOTAL $0 $0 $200,000 APPROPRIATIONS: 4355-1200 Departmental Supplies 40,000 4355-5300 Contract Services - Library 160,000 TOTAL $0 $0 $200,000 -91- THIS PAGE LEFT INTENTIONALLY BLANK -92- SPECIAL REVENUE FUNDS -93- THIS PAGE LEFT INTENTIONALLY BLANK -94- CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 199495 TRAFFIC SAFETY FUND FUND TYPE: Special,Revenue FUNCTION: Traffic Safety FUND #: 110 Funu ucw^#' • section 1463(b)) The City receives traffic fines levied by local courts. California Penalsafety purposes- Code funds are recorded requires that these funds and then aredcfor o consequently tly transferred to the General Fund for traffic in the Traffic Safety safety purposes. FY93-94 ACtuals as of City Manager Amended Budget 03131194 Recommended ESTIMATED RESOURCES: 75,000 83,685 75,000 619 600 3215 Vehicle Code Fines 200 $75,600 3610 Interest Revenue $75 200 $84,204 TOTAL APPROPRIATIONS: 75,200 84,204 75,600 4915-9001 Trans out - Gen Fund $75 200 $84,204 $75,600 TOTAL CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: StrMaint/Const 199495 FUND** 1;I II GAS TAX FUND FUND DESCRIPTION: The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street -related purposes such as new construction, rehabilitation, or maintenance. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3171 Gas Tax - 2106 3172 Gas Tax - 2107 3173 Gas Tax - 2107.5 3174 Gas Tax - 2105 3610 Interest Revenue 4915-9001 TOTAL APPROPRIATIONS: 4099-0010 Salaries 4099-0070 City Palo Benefits 4099-0080 Retirement 4099-0083 Worker's Comp Exp 4099-0085 Medicare Exp 4099-0090 Cafeteria Benefits 4915-9001 Trans out - Gen Fund 4915-9225 Trans out - Grand Av 4915-9227 Trans out - Trf Mitgtn 4915-9250 Trans out - CIP Fund 2550 Reserves TOTAL 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended $2,443,396 $2,443,395 $2,279,531 276,377 217,054 274,200 605,114 455,357 577,000 7,500 7,500 7,500 403,244 303,497 417,250 60,000 57,210 100,000 $3,795,631 $3,484,013 $3,655,481 9,113 81 1,213 112 132 299 744,500 401,720 752,315 300,000 300,000 460,600 343,574 1,885,000 262,702 1,892,105 405,531 711,061 $3,795,631 $1,01046 $3,655,481 —96— CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 199495 GAS TAX FUND CAPITAL JECTS INCLUDE: Various Street Improvements Carry over from FY93-94 05695 DB Blvd -Sidewalks 06495 DB Blvd -Rehab 07095 DB BVShCyn/FtnSpgs 07195 Gkdn Spg@Prospectors 07295 Gldn Spg@Gldn Prados 07395 Gldn Spg @ Carpio 06395 Grand Ave Overlay FY94-95 Projects 01495 Slurry Seal - #5 SB Gldn Spgs/DB Blvd -Left Turn Gkdn Spgs - Seepage NB DBar Blvd @Pathfinder -Left Turn Rule 20A Undergrounding Signal - DB a@ 57 on/off Ramps Grand/Longview Mast Arm Extension TS: #A - from Warrant Study TS: #B - from Warrant Study TS: #C - from Warrant Study TRANSFER TO GENERAL FUND: Salaries & Benefits Utilities PW -Engineering PW Admin-Contr Svcs Inspection Street Sweeping Road Maint Sidewalk Repair Pkwy Maint Crb/Gutter Repair Strping/SpnMg Storm Drainage Bridge Maint Traffic Signals T & T - Operating Ex T & T - Traffic -97- 38,165 60,000 104,000 200,000 45,000 52,000 40,000 10,500 4,000 55,000 650 38,000 647,315 FUND: TYPE: Special Revenue FUNCTION, Str Maint/Const FUND #: 111 150,000 392,000 145,000 124,000 124,000 124,000 300,000 1,359,000 185,000 17,500 100,000 30,000 50,000 72,605 3,000 125,000 125,000 125,000 833,105 2,192,105 . CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET AMENDMENT 1994-95 PROP A TRANSIT FUND FUND TYPE: Special Revenue' FUN&10N: Pub Trnsprtn FUND #: 112 FUND DESCRIPTION: The City receives Proposition A Tax which is a voter approved sales tax override for public transportation purposes. This fund has been established to account for these revenues and approved project expenditures. Budgeted expenditures for this fiscal year include holiday shuttle, excursions, and transit services. Contributions - Other Government is for the proposed sale of Prop A money to fund additional library services. ESTIMATED RESERVES: 2550 Fund Balance Reserve 3110 Local Trans Tx-Prp A 3610 Interest Revenue 3485 Transit Subsidy Prg Revenue 3915 Transfer in/Gen Fd 4099-0085 TOTAL APPROPRIATIONS: 4090-7230 Contribs.-Other Govt 4099-0010 Salaries 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 wWs Comp Exp. 4099-0085 Medicare Exp. 4099-0090 Cafeteria Benefits 4360-2115 Advertising 4360-5310 CS-Exurslons 4360-5315 CS -Holiday Shuttle 4360-6100 Auto Equipment 4553-5500 Professional Svcs 4553-5528 Public Transit Svcs. 4553-5529 Para -Transit Svcs. 4553-5533 Transit Subsidy Program 4915-9250 Trans out - CIP Fund 4915-9001 Trans out - Gen Fund 2550 Fund Balance Reserve TOTAL FY93-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended $495,592 $495,592 $854,000 483,580 345,673 538,600 18,000 12,468 15,000 50,000 $997,172 $853,733 $1,457,600 310,000 51,600 843 600 7 8,150 112 500 10 800 12 6,000 28 500 1,100 25,000 15,918 25,000 25,000, 23,965 27,000 5,500 5,500 20,000 12,919 20,000 25,000 4,586 27,000 80,000 225,000 20,000 20,000 788,522 788,733 723,600 $977,172 $853,733 $1,457,600 CAPITAL PROJECTS INCLUDE: Bus Pads - Diamond Bar Blvd. 150,000 D Bar Park & Ride Expansion 75,000 225,000 -98- CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 1994-95 PROPOSITION C FUND ffUNCTI E: Special Revenue Str taint/Const 113 Los Angeles The City periodically receives beadditionaltr� felatedfState Gas Tax purposes such as funds tru tion, rehabilitation, County. These funds must must submit a project to the County for or maintenance. In order to receive these funds the City approval. Budgeted as a transfer to the General Fund is $55,000 for pavement management and an additional $20,000 for contract engineering costs. CAPITAL PROJECTS INCLUDE: $450,000 07494 Grand Ave Signal Synch. 420,000 06494 Diamond Bar Blvd Rehab $870,000 —99— 1993-94 Actuals as of City Manager Recommended Amended Budget 03/31/94 ESTIMATED RESOURCES: $913,429 $913,429 $1,508,429 2550 Fund Balance Reserve 400,000 250,596 438,150 3112 3350 Transportation Tax Intergovt - County 270,000 41,535 20,825 30,000 3610 Interest Revenue $1,583,429 $1,226,385 $1,976,579 TOTAL APPROPRIATIONS: 4090-6100 4915-9001 Trans out -Gen Fund 75,000 620,000 30,000 870,000 4915-9250 Trans out - CIP Fund 888,4291,076,579 2550 Fund Balance Reserve $1,583,429 $0 $1,976,579 TOTAL CAPITAL PROJECTS INCLUDE: $450,000 07494 Grand Ave Signal Synch. 420,000 06494 Diamond Bar Blvd Rehab $870,000 —99— CITY OF DIAMOND BAR FUND TYPE: SPECIAL FUNDS BUDGET Special Revenue 199495 FUNCTION: Wasie Mgt INTEGRATED WASTE MANAGEMENT FUND FUND DESCRIPTION: The Integrated Waste Management Fund was created during FY 90-91, to account for expenditures and revenues related to the activities involved with the City's efforts to comply with AB939. Revenues recorded in this fund are the recently adopted waste hauler permit fees, ESTIMATED RESOURCES: 2550 Reserve Fund Balance 3340 Intergovt Revenues 3480 Waste Hauler Permits 3481 Application Fees 3482 AB939 Admin Fees 3483 Annual Fees 3610 Interest Revenue 4515-2100 TOTAL APPROPRIATIONS: 4099-0010 Salaries 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 Wkr's Comp Exp. 4099-0085 Medicare Exp. 4099-0090 Cafeteria Benefits 4515-1200 Dept. Supplies 4515-2100 Photocopying 4515-2110 Printing 4515-2115 Advertising 4515-2120 Postage 4515-2320 Publications 4515-2340 Education & Training 4515-XXXX Contributions -Incentives Pgm 4515-4000 Prof Svcs -JPA 4515-5500 Contract Services 4515-6230 Computer Equipment 2550 Reserve Fund Balance 500,298 TOTAL PERSONNEL: Full Time: Asst to City Mgr Exec. Secretary Total Positions 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended $19,760 $19,760 $39,105 54,642 $22,427 73,000 10,000 2,000 78,000 800 484 2,000 500 $95,560 $74,886 $152,032 31,290 20,647 31,850 430 143 150 5,020 2,752 4,500 310 255 400 460 299 500 4,500 1,146 4,500 1,000 5,000 1,500 500 500,298 7,500 250 42 2,500 1,500 100 11500 2,500 25,00051000 10,199 30,000 23,800 $95,560 39,105 55,532 $74,886 $152,032 -100- .50 .25 .75 CITY OF DIAMOND BAR FUNDTYPE. specialROve ."09 SPECIAL FUNDS BUDGET FUNCTION, Ak 1994-95 FUND: 118 AIR QUALITY IMPROVEMENT FUND FUND DESCRIPTION: This fund was established in FY 1991-92 to account for revenues received as a result of AB2766. AB 2766 authorizes the imposition of an additional motor vehicle registration fee to fund the implementation of air quality management plans and provisions of the California Clean Air Act of 1988. 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended ESTIMATED RESOURCES: 41,434 41,434 31,344 2550 Approp. Fund Balance 40,000 43,958 40,000 3315 Pollution Reduc Fees 1,000 955 1,750 3610 Interest Revenue TOTAL $82,434 $86,347 $73,094 APPROPRIATIONS: 10,610 6,469 10,610 4099-0010 Salaries 150 36 150 4099-0070 City Paid Benefits 1,6 859 1,0 4099-0080 Benefits 1110 0 79 1 1550 4099-0083 Wkr's Comp Exp 93 200 4099-0085 Medicare 950 1,500 353 1,500 4099-0090 Cafeteria Benefits 4098-1200 Operating Supplies 312 4, 408 2,500 4098-2110 Printing 1,000 4098-2120 Printing 109 699 1,000 4098-2125 Telephone 1,779 1,00 4098-2205 Computer Maint 100 1,916 1 100 4098-2320 Publications 1,700 4098-2325 Membership & Dues 15,000 4098-4000 Professional Svcs 7,000 6,461 5,000 4098-5000 Contract Svcs 7,500 4098-6100 Vehicle Equipment 7,500 2,500 11,326 5,000 4098-6230 Computer Equipment 13,000 25,000 4098-7250 Emp Computer Purchase Pgm 2'684 2550 Approp. Fund Balance 31,344 48,948 $86,347 $73,094 TOTAL $82,434 PERSONNEL: Asst to City Mgr -101- 0.50 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 1994-95 PARK GRANT FUND FUND TYPE; SpeCldl Revenue FUNCTl0N; Park Improwemnt FUND #: 121 FUND DESCRIPTION: The City receives State Park Grant money for the purpose of the development of new parks and the initial purchase and/or installation of equipment in new and existing parks. This fund accounts for these financial transactions. -102- 1993-94 Amended Budget Actuals as of City Manager 03/31/94 Recommended ESTIMATED RESOURCES: 3320 Park Grant Revenue $40,000 TOTAL $40,000 40,000000 $40, APPROPRIATIONS: $0 4915-9250 Trnsfer out - CIP Fd TOTAL 40,000 40,000 $4 0,000 $40,000 $0 -102- CITY OF DIAMOND BAR FUNDTYPEi: Special Revenue SPECIAL FUNDS BUDGET AMENDMENT FUNCTION:'' Park Improvemnt 199495 FUNDI: 1:22 PARK FEES FUND FUND DESCRIPTION: Within the Subdivision Map Act of the California State Constitution is a requirement that developers either contribute land or pay fees to the local municipal government to provide recreational facilities within the development. This fund is used to account for the fees received. APPROPRIATIONS: 9001 Transfer Out -Gen Fd FY 93-94 Actuals as of City Manager 2550 Reserves Amended Budget 03/31/94 Recommended ESTIMATED REVENUE: 2550 Approp. Fund Balance $188,187 $188,187 $195,687 3456 Quimby Fees 100,000 93,000 3610 Interest Revenue 6,000 4,045 7,000 TOTAL $294,187 $192,232 $295,687 APPROPRIATIONS: 9001 Transfer Out -Gen Fd 10,000 9250 Transfer Out-CIP Fd 88,500 10,100 2550 Reserves 195,687 182,232 TOTAL $294,187 $192,332 $0 CAPITAL PROJECTS INCLUDE: 07594 Park Sign Retrofit $30,000 07694 BsktbalI&Tennis Ct Imp 8,500 Various Park Improvements 50,000 $88,500 -103- CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 199495 PROP A - SAFE PARKS ACT FUND TYPE: Special Revenue FUNCTION: Park mprovemnt FUND #: 123 FUND DESCRIPTION: 1992. This act provides The Los Angeles County Sa`eeNeighborhood and toreP parks. For passed Y9 94nthe City of Diamond Bar funds to riled to improve, p Since the development of Pantera Park and the was awarded $2,040,000 for this purpose. Peterson Park light project was not completed In FY93-94, the balances are being carried forward into FY94-95. 1993-94 Actuals as of City Manager Amended Budget 03/30/94 Recommended ESTIMATED REVENUE: 2,040,000 $2,040,000 $2,020,000 3320 Park Grants $2 040 000 $2,040,000 $2,020,000 TOTAL APPROPRIATIONS: 4915-9001 Transfer Out Gen Fd 30,000 1,610,000 12,443 1,590,000 4915-9250 Transfer Out-CIP Fd 400,000 430,000 2550 Reserves $2,040,000 $12,443 $2,020,000 TOTAL CAPITAL PROJECTS INCLUDE: $1,450,000 06594 Pantera Park -Design &Development 140,000 02494 Peterson Park - Lights $1,590,000 -104- CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGETFU[VCT!(}N: Corrxnun#ty Dev 199495 FUND #• 125 COMMUNITY DEVELOPMENT BLOCK GRANT FUND FUND DESCRIPTION: The City receives an annual CDBG allotment from the federal government via the Community Development Commission. The purpose of this grant is to fund approved community development programs and projects. PERSONNEL INCLUDES: Admin Assistant 1993-94 Actuals as of City Manager 0.100 Com Dev Director Amended Budget 03/31/94 Recommended ESTIMATED RESOURCES: 0.450 CS Coordinator/Seniors 2550 Approp. Fund Balance 3330 CDBG Revenue TOTAL 322,105 43,858 433,780 $322,105 $43,858 $433,780 APPROPRIATIONS: 4215-0010 4215-0030 Salaries Wages - Part Time 18,610 8,488 16,500 4215-0070 City Paid Benefits 7,870 88 17,160 4215-0080 Retirement 260 105 750 4215-0083 Wkr's Comp Exp. 2,930 1,132 4,710 4215-0085 Medicare Exp. 290 106 400 4215-0090 Cafeteria Benefits 890 130 500 4215-1200 Departmental Supplies 12,700 606 6,600 4215-2115 Advertising 241 7,267 4215-2325 Meetings 195 250 4215-2355 Contrbtns-Com Groups48,500 16,170 250 4215-)000( Housing Rehab 50,000 4215-4000 Professional Svcs30,351 51000 4215-6250 Misc Capital Equip 32,750 7,850 4915-9250 Transfer Out-CIP 13,580 27,685 21,000 2550 Reserves 2 23,582 \ 6,798 251,000 TOTAL $322,105 $61,744 19,192 $433,780 PERSONNEL INCLUDES: Admin Assistant Clerk Typist 0.300 Asst. City Manager 0.100 Com Dev Director 0.025 0.025 0.450 CS Coordinator/Seniors 1.000 CAPITAL PROJECTS INCLUDE: 06694 ADA Park Retrofit 179,000 06794 Handicap Access Ramps 72,000 $251,000 -105- CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION Landscape 1994-95 FUND #: 138 LANDSCAPE MAINTENANCE - DIST. #38 FUND FUND DESCRIPTION. The City is responsible for the operations of the LLAD #38. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district. 1993-94 Actuals as of City Manager ESTIMATED RESOURCES: Amended Budget 03/31/94 Recommended 2550 Approp. Fund Balance $173,645 $173,645 $242,467 3015 Prop Tx -Sp Assessmnt 256,500 157,069 260,745 3610 Interest Revenue 2,000 3,583 4,000 TOTAL $432,145 $334 297 $507,212 APPROPRIATIONS: Personal Services 4538-0010 Salaries 4538-0070 City Paid Benefits 4538-0080 Benefits 4538-0083 WWS Comp Exp. 4538-0085 Medicare Exp. 4538-0090 Cafeteria Benefits Total Personal Svcs Operating Expenses 4538-2126 Utilities 4538-2210 Maint-Grounds S Bldg Total Operating Expense Professional Servkea 4538-4000 Professional Svcs Contract Services 4538-5500 Contract Svcs Capital Outlay 4538-6410 Capital Improvements Fund Balance Reserves 2550 Reserves TOTAL CAPITAL PROJECTS INCLUDE: 06894 Gln Sprgs Medians 28,000 17,739 26,400 400 195 330 4,400 2,324 3,750 1,200 644 1,300 400 257 400 3,600 11659 3,350 38,000 22,818 35,530 66,000 45,364 77,200 15,000 9,772 19,200 81,000 55,136 96,400 10,488 5,076 3,920 41,500 27,110 46,000 203,690 17,394 260,000 -106- 57,467 65,362 $432.145 $127534 $507,212 260,000 $260,000 CITY OF DIAMOND BAR 'FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Landscape 199495 FUND *:> 139 LANDSCAPE MAINTENANCE - DIST. #39 FUND FUND DE 1ON: The City Is responsible for the operations of the LLAD #39. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district. ESTIMATED RESOURCES: 2550 Reserve Fund Balance 3015 Prop Tx -Sp Assessmnt 3610 Interest TOTAL APPROPRIATIONS: Personal Services 4539-0010 Salaries 4539-0070 City Paid Benefits 4539-0080 Retirement 4539-0083 Wkrs Comp Exp. 4539-0085 Medicare Exp. 4539-0090 Cafeteria Benefits 0 Total Personal Svcs Operating Expenses 4539-2126 Utilities 4539-2210 Maint Grounds & Bldg 4539-7200 Insurance Expense 60,500 Total Operating Expense Professional Servkrsa 4539-4000 Professional Svcs Contract Servk es 4539-5500 Contract Svcs cap#sl outlay 4539-6410 Capital improvements Fund Balance Reserves 2550 Reserve Fund Balance TOTAL 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommmended $105,273 $105,273 $58,066 91,781 54,546 94,080 4,000 1,937 4,000 $201,054 $161,756 $156,146 0 15,582 0 0 175, 0 0 2,037 0 0 617 0 0 226 0 0 1,484 0 0 20,101 0 53,000 33,606 60,500 15,000 11,405 17,500 -107- 68,000 45,011 78,000 2,988 1,201 1,410 72,000 47,361 74,600 58,066 2,136 $201,054 $113,674 $156,146 CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Landscape 199495 _ FUND #: 141 LANDSCAPE MAINTENANCE - DIST. #41 FUND FUND DESCRIPTION: The City is responsible for the operations of LLAD #41. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special fund. -108- 1993-94 Actuals as of City Manager ESTIMATED RESOURCES: Amended Budget 03/31/94 Recommended 2550 Approp. Fund Balance 3015 Prop Tx -Sp Assessmnt $133,764 $133,764 $113,480 3610 Interest Revenue 121,154 2,800 66,149 124,141 TOTAL $257,718 2,590 $202 503 3,000 $240,621 APPROPRIATIONS: Personal Services 4541-0010 Salaries 0 4541-0070 City Paid Benefits 0 13,663 0 4541-0080 Retirement 0 146 0 4541-0083 WWs Comp Exp. 0 1,800 0 4541-0085 Medicare Exp. 0 511 0 4541-0090 Cafeteria Benefits 0 198 0 Total Persona/ Services 0 1,262 0 Operating Expenses 17,580 0 4541-2126 Utilities 4541-2210 Maint-Grounds & Bldg 50,000 37,772 57,600 Total Operating Expense 51000 55,000 2,863 12,000 Professional Servkes 40,635 69,600 4541-4000 Professional Svcs Contract Servkes 2,488 1,644 1,870 4541-5500 Contract Svcs 4541-5519 Weed/Pest Abatement 41,000 23,357 43,050 Total Contract Services 16,000 57,000 0 23,357 6,000 CapltalOutrp 49,050 4541-6410 Capital Improvements 25,000 Fund Balarme Reesrvas 2550 Reserve Fund Balance 118,230 48,156. 120,101 TOTAL _ $257 718 $131 372 $240 621 -108- CAPITAL PROJECTS FUNDS -109- Iq Iq °i Mo o a N C N M T T T O O M O 10 O M a IV O G O S c C N LOP, CO) Q C J � F- U O m' O pppppp ppgSo O O O N 0 0 0 0 W) CD 10 000 0N Q a M T r M r (V ZT 0ZXw� = i C3 uiO c co a/ CL 000000000 000000ppoo M 0 0 _ U 0 0 0 J �w1W)Wr00mW)0 Q N CL Q U H tiMNNNCCC � J c M Ch M m J a vi O Y M -a� Q LO T T T T E.C t0)mCD r_ C3 T T r > `"°3mmm-vm z r CL CO 10 coo 01. r W O 10 O M a IV 000000 0000000000000000 000000000 000 O O O O O O S 000 N N NNtiMNN N c 0CL E� A y O G 1A � � u2 0cnco 2a ov� 4,N �333a o >. coo �0 OM, acnc—v c c c c c„ Om��� 20�cncncn 0 ukkkkk JEO T N M r� P� P� N X 0 0 0 0 0 CL E a C CD O 0 0 0 0 0 0 0 0 000010000M Oa00M� 0010 IO�OMrapapsr ti 0000000000 00p 000010000 OOOOo001"»00 OO�OC76C6 --w p V 00 CV) r r T r r c .tQ y N c � 3 m c 1l ig 4P IS 2)°�.� b�v 3.2� y Cc�r 72 .2) .'c Y� yam = �.c�� Yx c `cY Ra (A(0CL aH -0 gR O 10 Y o m `}��� C== F- m �-♦ OC Z L N m �adQUa=v'iu ito� V bl0itWOOTN 1010 Y a0 N t0 1*- 00 OD 00 a c0 OD `� 0 0 0 0 0 0 0 0 0 0 CL O 0 0 0 0 O O O O c O T N c co 0 0 0 0 0 0 0 10 0 0 0 10 10 0 0 0 80 100 0 0 0 0( O S �NNN tiMNNNCCC Im LO T T T T T T r C) r r N r 000000 0000000000000000 000000000 000 O O O O O O S 000 N N NNtiMNN N c 0CL E� A y O G 1A � � u2 0cnco 2a ov� 4,N �333a o >. coo �0 OM, acnc—v c c c c c„ Om��� 20�cncncn 0 ukkkkk JEO T N M r� P� P� N X 0 0 0 0 0 CL E a C CD O 0 0 0 0 0 0 0 0 000010000M Oa00M� 0010 IO�OMrapapsr ti 0000000000 00p 000010000 OOOOo001"»00 OO�OC76C6 --w p V 00 CV) r r T r r c .tQ y N c � 3 m c 1l ig 4P IS 2)°�.� b�v 3.2� y Cc�r 72 .2) .'c Y� yam = �.c�� Yx c `cY Ra (A(0CL aH -0 gR O 10 Y o m `}��� C== F- m �-♦ OC Z L N m �adQUa=v'iu ito� V bl0itWOOTN 1010 Y a0 N t0 1*- 00 OD 00 a c0 OD `� 0 0 0 0 0 0 0 0 0 0 CL U) U W �a i W 2 LUO cr CL 2 Q a U N W a S N r S C 8 N C c N I -111- CITY OF DIAMOND BAR FUND TYPE: capital Project SPECIAL FUNDS BUDGET FUNCTION: Str Improvement 199495 FUNDI:. 225 GRAND AVE CONSTRUCTION FUND FUND DESCRIPTION: During FY 89-90, the City entered into an agreement with the County of San Bernardino to settle its Grand Ave. litigation. This agreement state that the County would provide the City with funds for improvements which are relevant to the Grand Ave. opening. The agreement state that these funds were to be held in a special fund and expenditures for Improvements were to be made from this fund. This fund was established to record these activities. ESTIMATED RESOURCES: 2550 Approp Fund Balance 3915-9111 Transfer in -Gas Tax 3915-9255 Transfer in-SB821 TOTAL APPROPRIATIONS: 4099-0010 Salaries 4099-0070 City Paid Benefits 4099-0080 Retirement 4099-0083 Worker's Comp Exp 4099-0085 Medicare Exp 4099-0090 Cafeteria Benefits 4510-6411 Street Improvements 4510-6412 Traffic Control Improvements 4915-9001 Transfer to Gen Fd 2550 CIP Reserve TOTAL CAPITAL PROJECTS INCLUDE: 06394 Grand Ave. Overlay 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended -112- 442,841 762,841 300,000 20,000 $762,841 $762,841 $0 6,656 57 883 81 96 213 770,000 8,013 8,827 6,602 (16 086) $762,841 $14,615 $0 $770,000 This fund was established in FY 90-91 to account for traffic mitigation fees received from developers. These revenues are to be used to Improve traffic flow around and through major developments, such as the Gateway Corporate Center. ESTIMATED RESOURCES: 2550 Reserved Fund Bal 3466 Engr-Traffic Mit. Fees 3610 Interest Revenue 3915-9255 Transfer In-SB821 3915-9111 Transfer In -Gas Tax TOTAL APPROPRIATIONS: 4510-6411 Street Improvements 4510-6412 Traffic Control Imp 2550 Reserved Fund Bal TOTAL 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended 312,554 312,554 10,000 20,000 20,000 460,600 343,574 $793,154 $686,128 $0 530,000 622,909 5,771 35,903 257,383 $793,154 $658,812 $0 -113- CITY OF DIAMOND BAR FUND TYPE: SPECIAL FUNDS BUDGET FUNCTION: 1994-95 FUND #: CAPITAL IMPROVEMENT PROJECTS FUND Capital Project Capital Project 250 ESTIMATED RESOURCES: 2550 CIP Reserve-Traf Sig 102,395 3455 Developer Fees 127,400 102,395 37,500 3610 Interest Revenue 165 3915-9001 Transfer in -Gen Fd 238,154 285,752 120,000 3915-9111 Transfer in -Gas Tx 1,932,768 262,703 1,892,105 3915-9112 Transfer in-Prp A 225,000 3915-9113 Transfer In -Prop C 620,000 870,000 3915-9121 Transfer in -Pk Grant 40,000 40,000 3915-9122 Transfer in -Pk Fees 88,500 10,100 74,630 3915-9123 Tmsfer in-Prp A Pks 1,610,000 12,444 1,590,000 3915-9125 Transfer in-CDBG 168,580 6,798 293,800 3915-9138 Transfer in-LLAD #38 260,000 3915-9255 Transfer In -SB 821 60,000 50,000 TOTAL $4,885,402 $720,357 $5,515,430 APPROPRIATIONS: 4510-00xx Saiarles & Benefits 1,375 4510-6411 Street Improvements 1,445,000 185,247 1,437,000 4510-6412 Traffla Control Imp 1,145,000 77,455 1,515,000 4310-6415 Park & Rec Imprmts 1,783,100 289,595 1,845,630 4510-6416 Landscape & Irr Imp 260,000 4215-6420 Municipal Bldg & Fac 182,980 114,790 457,800 2550 CIP Reserve-Traf Sig 102,400 2550 CIP Reserve-Str Imp TOTAL $4,658,480.> $668,462 $5,515,430 -114- - -- - 'K 11 AJU imrK0VEMENT EROJECTS INCLUDE: STREET IMPROVEMENTS: 01494 Slurry Seal (V Phase) Gas Tax $185,000 05694 D Bar Blvd Sidewalks DB BL/Shadow Cyn/Ftn Spgs Gas Tax 150,000 06494 Diamond Bar Blvd Rehab 170,000 Gas Tax (392,000) 892,000 Prop C (450,000) 07194 SB 821 (50,000) SB Gkln Spgs/DB Blvd Left Turn Gas Tax Gas Tax (17,500) 30,000 Developer (12,500) Golden Springs - Seepage NB DB Biv 100,000 Rule 20A Underrg ounding Tum 30,000 Gas Tax 50,000 TOTAL STREET IMPROVEMENTS 61,437,000 TRAFFIC CONTROL IMPROVEMENTS: 07094 DB BL/Shadow Cyn/Ftn Spgs Gas Tax (145,000) 170,000 Dev Fees (25,000) 07194 Gidn Sprgs @ Prospector's Gas Tax 124,000 07294 Gidn Sprgs @ Gk1n Prados Gas Tax 124,000 07394 Gldn Sprgs @ Carplo Gas Tax 124,000 07494 Grand Ave Signal Synchr Prop C (MTA) 420,000 Signal -DB @ SR on/off Ramps Gas Tax (72,605) 175,000 CIP Reserve - TS (102,395) Grand/Longview Mast Arm Ext, Gas Tax 3,000 -115- CITY OF DIAMOND BAR SPEC4L FUNDS BUDGET 1994-95 FUND TYPE.. Capital Project FUNCTION: capftw t_ FUND #- 250 CAPITAL IMPROVEMENT PROJECTS FUND TS: #A - from Warrant Study 125,000 TS: #B - from Warrant Study 125,000 TS: #C - from Warrant Study 1 Gas Tax 25,000 MUNICIPAL BUILDINGS & FACILITIES: 06394 Land Acquisition General Fund 6120,000 06794 Handicap Access Ramps CDBG 112,800 Diamond Bar Blvd -Bus Pads Diamond Bar Park & Ride Ex 150,000 ans Prop A p 75,000 TOTAL MUNICIPAL BUILDINGS & FACILITIES $457,800 LANDSCAPE & IRRIGATION IMPROVEMENTS 06894 Golden Springs Medians LLAD #38 260,000 TOTAL LANDSCAPE & IRRIGATION IMPROVEM 6260,000 GRAND TOTAL - CAPITAL PROJECTS -116- $6,515,430 TOTAL TRAFFIC CONTROL IMPROVEMENTS PARK & REC IMPROVEMENTS: $1,515,000 06594 Pantera Pk -Design & Dev Prop A -Safe Pks $1,450,000 02494 Peterson Pk -Lights Prop A -Safe Pks 140,000 06694 ADA Parks Retrofit CDBG 181.000 07594 City Park Signage Retrofit 08094 Peterson Park - Picnic Shelter 30,000 08194 Heritage Park -Basketball Ct. Ext 13,880 08294 Sycamore Cyn - Playground Pilin 10,000 08494 Starshine - Picnic Table 3,350 08594 Maplehill-Tennis Light Fixture 1'400 08694 Reagan Park - Tennis Light Fixtur 8,000 Quimby Act 8, 000 TOTALPARKIMPROVEMENTS 61.845,630 MUNICIPAL BUILDINGS & FACILITIES: 06394 Land Acquisition General Fund 6120,000 06794 Handicap Access Ramps CDBG 112,800 Diamond Bar Blvd -Bus Pads Diamond Bar Park & Ride Ex 150,000 ans Prop A p 75,000 TOTAL MUNICIPAL BUILDINGS & FACILITIES $457,800 LANDSCAPE & IRRIGATION IMPROVEMENTS 06894 Golden Springs Medians LLAD #38 260,000 TOTAL LANDSCAPE & IRRIGATION IMPROVEM 6260,000 GRAND TOTAL - CAPITAL PROJECTS -116- $6,515,430 CITY OF DIAMOND BAR FUN TSE: Capital;Project SPECIAL FUNDS BUDGET FUNCTlOW Capital Project'' 199495 FUNQ #: 255 SB 821 FUND FUND DESCRIPTION: The state allocates funds to cities for the specific purpose of the construction of bike and pedestrian paths via SB821. This fund has been established to account for transactions related to the receipt and expenditure of these funds. 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended ESTIMATED RESOURCES: 3350 From Other Agencies 21,000 18,000 3610 Interest Revenue 3,000 3,364 3,000 2550 CIP Reserve 156,255 156,255 100,255 TOTAL $180,255 $159,619 $121,255 APPROPRIATIONS: 20,000 4915-9225 Trans out -Grand Ave 20,000 4915-9227 Trans out -Traffic Mit 20,000 20,000 4915-9250 Trans out-CIP Fd 60,000 50,000 51,255 2550 CIP Reserve TOTAL 80,255 $180,255 $20,000 $121,255 CAPITAL PROJECTS INCLUDE: 06394 Grand Ave Rehab 20,000 06494 Diamond Bar Blvd 50,000 70,000 -117- THIS PAGE LEFT INTENTIONALLY BLANK -118- INTERNAL SERVICE FUNDS -119- THIS PAGE LEFT INTENTIONALLY BLANK -120- CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 199495 SELF INSURANCE FUND FUND DESCRIPTION. FUND TYPE: Internal Svc FUNCTION: Self Insurance FUND #k: 510 This fund was established In accordance with Resolution #89-53. The resoluWn states the City will establish a self -Insurance reserve fund. The purpose of the fund shall be to pay all self - assumed losses and related costs. Contributions to the fund shall be pro -rata from all other City funds afforded protection under the program based upon each of the funds exposure to liability. ESTIMATED RESOURCES: 2550 Reserved Fund Bal 3610 Interest Revenue 3915-9001 Transfer In -Gen Fd TOTAL APPROPRIATIONS: 4810-7200 Insurance Exp. 4810-7210 Insurance Deposit 4810-7220 Claims & Judgements 2550 Self Ins Reserve TOTAL 1993-94 Actuals as of City Manager Amended Budget 03/31/94 Recommended 460,655 460,655 432,886 10,000 8,874 10,000 190,000 263,416 $660,655 $469,529 $706,302 -121- 90.000 87,745 163,416 100,000 570,655 539,788 442,886 $660,655 $627,533 $706,302 THIS PAGE LEFT INTENTIONALLY BLANK -122- GLOSSARY -123- THIS PAGE LEFT INTENTIONALLY BLANK -124- GLOSSARY Activity - The smallest unit of budgetary accountability and control which encompasses a specific unit of work or service responsibility. A sub -unit of a Function budget. Adoption - Formal action of the City Council which sets the spending limits for the fiscal year. Allocate - To divide a lump -sum appropriation which is designated for expenditure by specific organization units and/or for specific purposes, activities, or objects. nnual Budget - A budget applicable to a single fiscal year. il which theroCitY ADRRriation to incurthorization obligationsmade andbytoh makencexpenditures permits of resources. Audit - Prepared by an independent Certified Public Accountant (CPA), the primary objective of an audit is to determine if the City's Financial Statements present fairly the City's financial position and results of operations in conformity with generally accepted accounting principles. In conjunction with their performance of an audit, it is customary for an independent auditor to issue a Management Letter stating the adequacy of the City's internal controls a well as recommending improvements to the City's financial management practices. Bu - A financial plan for a specified period of time .that matches planned revenues and expenditures to municipal services. Budget Calendar - A schedule of key dates which the City follows in the preparation, adoption, and administration of the budget. Budget Message - Included in the opening section'of the budget, the Budget Message provides the council and the public with a general summary of the most important aspects of the budget, changes from the previous fiscal years, and the views and recommendations of the City Manager. CaR to nt rogram (CIP)_ - A program to provide for the maintenance or replacement of existing public facilities and assets and for the construction or acquisition of new ones. Contingency - An appropriation of funds to cover unforeseen events that occur during the fiscal year, such as flood emergencies, Federal Mandates, shortfalls in revenue, and similar eventualities. -125- Contractual Services - Services rendered to City activities by private firms, individuals or other governmental agencies. Examples of these services include traffic engineering, law enforcement, and city attorney services. Department - A major organizational unit of the City which has been assigned overall management responsibility for an operation or a group of related operations within a functional area. Desi anated Fund Balance - A portion of unreserved fund balance designated by City policy for a specific future use. Encumbrance - The legal commitment of -appropriated funds to purchase an item or service. To encumber funds means to set aside or commit funds for a future expenditure. Fees for Services - Charges paid to the City by users of a service to help support the costs of providing that service. Fiscal Year - The beginning and ending period for recording financial transactions. The City has specified July 1 to June 30 as its fiscal year. Fixed Assets - Assets of long-term nature such as land, buildings, machinery, furniture, and other equipment. The City has defined such assets as those with an expected life in excess of one year and an acquisition cost in excess of $300. Franchise Fee - A franchise fee is charged for the privilege of using public rights-of-way and property within the City for public or private purposes. The City currently assesses franchise fees on cable television, bus stop shelters and utilities. Fund - An accounting entity that records all financial transactions for specific activities or government functions. The generic fund types used by the City are: General, Special Revenue, Capital Project, and Insurance Funds. Fund Balance - The excess of current assets over current liabilities, and represents the cumulative effect of revenues and other financing sources over expenditures and other financing uses. General Fund - The primary operating fund of the City, all revenues that are not allocated by law or contractual agreement to a specific fund are accounted for in the General Fund. With the exception of subvention or grant revenues restricted for specific uses,. General Fund resources can be utilized for any legitimate governmental purpose. Goa - A statement of broad direction, purpose, or intent. Infrastructure - The physical assets of the City, i.e., streets, water, sewer, public buildings, and parks, and the support structures within a development. -126- Investment Revenue - Revenue received as interest from the investment of funds not immediately required to meet cash disbursement obligations. Key Objectiv* - A statement of specific direction, purpose, or intent based on the needs of the community and the goals established for a specific program. Line -Item Budget - A budget that lists detailed expenditure categories (salary, materials, telephone service, travel, etc.) separately, along with the amount budgeted for each specified category. The City uses a program rather that line -item budget, although detail line -item accounts are maintained and recorded for financial reporting and control purposes. Municipal - In its broadest sense, an adjective which denotes the state and all subordinate units of government. In a more restricted sense, an adjective which denotes a city or village as opposed to other local government. Objects of Expenditure - The individual expenditure accounts used to record each type of expenditure City operations incur. For budgeting purposes, objects of expenditure are categorized into groups of similar types of expenditures called major objects of expenditure. The principle objects of expenditure used in the budget are: • Personal Services: Salaries and benefits paid to City employees. Includes items such as special duty salaries and retirement. • Supplies: Amounts paid for items that are consumed or deteriorated through use or that lose their identity through fabrication' or incorporation into different or more complex units or substances. • Operating Expenditures: Office supplies, materials and other items used in the normal operations of the City departments. Includes items such as books, maintenance materials and contractual services. • Professional Services: Services supporting the government. These professionals include physicians, lawyers, architects, auditors, therapists, systems analysts, planners, etc. -127- Capital Outlay: Expenditures which qualify as capital costs according to accounting standards. This includes furniture, fixtures, machinery, equipment and other relatively minor fixed assets. Operating operations Budget - The portion of the budget that pertains to daily providing basic governmental services. The program budgets in the financial plan form the operating budget. ordinan - A formal legislative enactment by the City Council. It has the full force and effect of law within the City boundaries unless it is in conflict with any higher form of law, such as a State statute or constitutional provision. Pct - A direction that must be followed to advance toward a goal. The direction can be a course of actin or a guiding principle. Fro erty Tax - A statutory limited tax levy which may be imposed for any purpose. Proar= - A grouping of activities organized to accomplish basic goals and objectives. Program Budaet - A budget that focuses u on the ective of an agency or jurisdiction rather than upon its organizoals and ational budget units or object classes of expenditure. $essrye - An account used to indicate that a portion of a fund's balance is legally restricted for a specific purpose and is, therefore, not available for general appropriation. Resolution - A special order of the City, Council which requires less legal formality than an ordinance in terms of public notice and the number of public readings prior to approval. Revenue - Funds that the government receives as income. It includes such items as tax payments, fees from specific services, receipts from other governments, fines, forfeitures, grants, shared revenues and interest income. Risk Manav ftn - An organized attempt to protect an organization's assets against accidental loss in the most cost-effective manner. Sales Tax - A tax on the purchase of goods and services. SCJPIA - Southern California Joint Powers Authority. Special Assessment - A compulsory le properties to defra levy made against certain y part or all of the cost of a specific improvement or service deemed to primarily benefit those parties. -128- SRe"ial Revenue Funds - Funds used to account for the proceeds from specific revenue sources (other than trusts or major capital projects) that are legally restricted to expenditures for specific purposes. Subventions - Revenues collected by the State (or other level of government) which are allocated to the City on a formula basis. The major subventions received by the Cit from the State of California include motor vehicle in -lieu, cigarette taxes and gasoline taxes. Trust and Agency Funds - Also known as Fiduciary Fund Types, these funds are used to account for assets held by the City in a trustee capacity or as an agent for private individuals, organizations or other governmental agencies. User Fees - The payment of a fee for direct receipt of a service by the party benefiting from the service. Working CaQital - Difference between current assets and current liabilities. -129- INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City RE: Manager City Attorney Selection Process DATE: May 17, 1994 The City Council has solicited proposals for City Attorney services. Eleven (11) firms have submitted proposals for the City Council's consideration. Staff has provided the Council with a proposal evaluation form. When the Council members have completed their individual evaluations of each of the proposing firms, the staff will compile the data and provide the compiled evaluations to the Council, to assist in the determination of which firms the Council would want to interview. Once the firms to be interviewed has been decided, staff will conduct background interviews and prepare a summary report, to assist the Council in the interviewing and selection process. Staff will also prepare interview questions and an interview appraisal matrix. Also, staff will provide other interviewing and selection information to assist in the process. Staff recommends that the Council conduct confidential interviews of the invited firms. Also, staff recommends that the Council conduct the interviews at a special Council meeting and that the Council allot 1 1/2 hours for the interviewing of each firm. INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Councilwoman Eileen Ansari RE: Council Sub-Commlttee For Library ServiCes DATE: April 19,1994 ISSUE_ittee of the Shall the City Council establish a sub-comm Council for library services liaison and related matters? RECOMMFNDATION:_ Services Mayor appoint a Library Council, comprised of two members It is recommended that the May Sub -committee of the City of the Council. DISCrTcSTON • Services . of Diamond Bar is provided library The The community of Los An. Library District. as nif. nt reductions in revenue, through the County legislation which has District has suffered sig thereby a consequence of State of Cal iforniarevenues! Services. shifted property. taxes, from County of library adversely affecting the full funding rm March through June recently provided shor -te ct to add two days of The City funded funding support to the Library s of County unicate with library services, to the three dayneed to 00 services. There continues to be alibrary user and support the County, the Library District, legislature regarding the S other cities and the State leg A council Library groups, services. accomplish such future provision of library 'ttee is an effective mechanism to sub -comma objectives. lNnROFFICE MEMORANDUM CITY OF DIAMOND BAR Honorable Mayor and Members of the City Council TO: FROM: Frank M. Usher, Assistant City meager SUBJECT; Materials Grant to Diamond Bar Library DA'L'E: June 7, 1994 of a $10,000 ty grant for library Council app rove the use s and materials appropriate for ATION. That the Cinodical material I,BCOMIE� uisition of reference and I� materials for the acq high school students. 000 to the Council has previously approved the allocation h library on The City 000 was for the purpose of opening BACKGROUND Of this amounts $�' Diamond Bar Library- isoal year 1993-1994. The balance $101( 00 pularion thatas to be Thursdays and Saturdays through F thelg months atter Purchase• hese of books and other media mate ca for at least but for the purc rant for these materials be kept at the Diamond Bar ran to accept the g indicating that the Library would be happy The letter also laced in the regular circulation system.for a rental We received a letter aey would have to be p t to the Friends of the Library materials , but that they providing the gran of Friends of the Library, to indicated that we nught consider p uently met with both Beverly eM o Deane Dana's office, to inquire if collection. I have subs an i with Mishal Mathai, of Sup on general circulation. I found discuss this possibility, Library's P°h�' g stem for it, and that there might be some modification of the County l eneral circulation policy - that have not yet established a rental collection ° Irib �la S n system that the Friend ort for a change iii the County there would not likely be support of acquiring materials for the Diamond Garofalo the possibility ested I have discussed today with Mr - for use at other branches. He sug8 for high school students. These Bar branch which would note . dicals,kely be randf materials appropriatech. His staff acquiring reference books, p be used only at the Diamond Bar branch. staff that by their nature, would most likely Therefore, it is respectfii1lY materials, o f these materials next week• agreement with the Library Will provide a listing meager to execute an agr These materials the City Council authorize the City appropriate disposition of funds. administration for this purpose and toprepare will then be placed in circulation at the Diamond Bar Library* nbw attachment cc.. City Manager 909-861"311-7 PAGE 29 1994 AT TC: RECEIVED06/0? 12: FROM:WEST CODINA REG LIB ,Terrance Belanger nager pity of piamontl Bar city Drive Suite E t Copley 4111 21650 , CA 91166- oi among gar PAG �199&11T 1c u (PRIED 11a`� 909-861-3117 APH I » 0 1994 48 ori to NiOHMATIstr« 0r rm 8ist1 M -, pool tv� i 000ty Or Las6s 1801W"t184 M GA 91110 0 Hilt co ll) !6; X195 4#181 3��.o� FA rnt.nn•t: to Dear W. Belanger, pity of Oiamo� i.athat the if ie rant from r ^eeds to be clarthe Purchase of the grant n o for pne &.PeGt-,, Library that would 9 the CounOf ty of the Of °e� library Pug l 000, at the Las g AngaPDr bookg evide0 , Cfls' etc.. usher that Such rant, Frank accept materials• Eileen Ansari and gratefully flection, to Meeting, Z told library 's Library °O where public County library le Oltour 1/4/94 m f tv%e ttus gifts to thmaterials at the ova;fab 1icY of Library po rials, to a to locate such. of the county Thus, for longstandingfor materia such gifts, a,, materia network are available gifts toe all and to make interlibrary 10jibraries n and gifts toour fully cats from, h our Haight. library, ieg• e ifs coma throug Rowlands Diamond gar r nearby fibrae it "On users arYlnut or, at othe � use the a, f lib r fts to the oen to users to users -,ted States ° eAsoplet 91 ,library available through nd gar,, library usiest llbrarY in the United t for the �i�brArY oorsi.. ti a $10.000 gr t library With 81 happy t0 �{f St the D{&mond gar catelogs Library very the staf fd acquires gystaa• would ted circ hifdren on Library Bar Library wau She county City Of Disawndd then t On our autlss for old be theteriafs. t , terisls f rau needed *a as new mater -,of no plater terialshelq at the wouldaSGl� r est �w1de arA and audio�visuafN�ld be t�s would select class materials staff both new custop1ers' Alf the and adults, library vjith popular Bopuularar library p RECEIVED 96/07 . WEST 12:39 1994 Al. GOVINA REG LIB 3 tVV1NTED PAGE- - , 1994 1c 311 AGE JON7 PAGE 909-861'311? T0: roralo 410/94 only allow rra. Mj,�' as policy and or more. �•rry 141• to change our po for a Year of 'Pro L•ttor to Usher 'Wanted ant borrow these materia a err a P°J j Gj es county branch ri and Mr• library to a 8 Mrs'he piaMood Sade our e -A all glib library users at 11 users is tt possible u is for p to the This n° all materia OD would equal access t° f piamond gar to Sive 3The Friends libraries- ion. Voluntaers for the city ° tel collet mater OL ren isle' priend tat such the r option na Bar library for Gircu s&touch activity; or�r1endg' rlogued. ,,other the piam° and manuallhand1e 1 work• not Ca he has Friends °f vire, Process' Friends t° Such additiOleGtion• are that ah° a need to acq by the handle Library col indicated library on recruited staff to County Libr en has at the raised cFunds ould by r Library of the lwoman Papp tear GI Pay g° are not Partial l y . Cou 1 Ailing to do Vol ro3ect for onal new material s col l asei Ci rculat o caniZed an �srY Worth ph Purchase addit and ma Y Volunteers Would be be used t n basis. Thi$ w tion c°Uld fro y a rant ends l rental toll®coon. nava no rant of the 1 the Library the Friends 4i Golden for the Fr Friends of resident °f he Diamond Ba contact the P Beverly fan 'itterso 23 ht wish to ° tion= 39b-0966, pt pgegeYo� mig d. use thisC pgi765, X909) a 8 Ghon Library to i'�nd gar, p isle t th collections. ol le new mater for piamond prive� q 232, b Springs a grant for, K, -V Sp s the matter of alarif1ec sitate to call ma, or Mr I hope thisDo not he Bar library• piamend information. further sincerely' paP�n� Wong+ McClintock' AnsariHunt van Citters , Werner, cc: C:\W5FUNp\gieMGR�49 MpG 4/14/94 V Agenda Item No, 8,4 No Documentation Available MA• INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of Cit FROM: Clair Harmon y Council Y, Mayor Pro Tem RE: Project Signs - Cit0—y Council Names DATE: May 17, 1994 ISSUE: Should the City Council ban the names on public.works construction proj of Council Member RECOMMENDATION: Proect signs? It is recommended that the Cit names of Council Members e y Council no longer Public works construction project signs.Ce the DISCUSSION: The Comemfromsaused to varietyfofdsoubllc works construction projects actual constrution of a rces. The plannin P ]ects work and effort of Public works g, design and singlelin many communit project involve the g out just the five City Persons. Instead of on project signs, the credit for theuconstrucil mbion for Public credit works projects by the City should be moreOf •.brought to y P lic of you b the people of Diamond Bar... or ••.your tax dollars at work for community's betterment... of TO: fismond Bar City Council FROM: ;tutan & Tucker t-0 DATE: March 1, 1994 RE: Public Records Issue 1. ISMODUC'rIO This office was requested by the Interim City Attorney to follow up on our previous opinion regarding the public record status of Councilmember Gary Miller's personal financial documents which were used in the formation of a "no conflict' opinion by the former City Attorney. There appears to be two major issues involved. The first issue is whether such records are 'public' for the purpose of dissemination to the general populace. The second issue is whether such records would be available for review by the other members of the City Council. These issues are discussed separately below. 1. We reiterate our previous opinion that a city attorney's review of personal financial documents of a covacilmember for the purpose of rendering a conflict of interest opinion does not necessarily serve to transform these documents into 'public records" u the Public Records Act. As previously noted, the Act provi8ss a "catch-all" exception to public disclosure requirements if there is no applicable statutory exception. This exception states that a document is not subject to public disclosure if on the facts of the particular case the public interest served by not making the record public clearly outweighs P3217WtS413-=113 NM- 0SM94 the public interest served by disclosure of the record.' (0ov'; Code § 6255.) Althogh there are no cases which construe 5 6255 in the factual context of the present matter, we believe that a better argument can be made for nondisclosure under the facts presented here. First, any documents produced by Mr. miller were done so voluntarily and with the expectation of confidentiality in order to receive an opinion from an attorney. The purpose of producing the documents was to allow the City Attorney to render an informed opinion regarding the implication of a conflict. Most of the documents at issue were not directly used in forming that opinion, and all contain personal financial information belonging to Mr. Miller and others, the disclosure of which would constitute a public airing of private economic matters. The argument in favor of disclosure would be that it would permit others in the community to 'double check' the opinion rendered by the former City Attorney. However, this would be the function of the FPPC alone, which has apparently chosen not to pursue this matter. Therefore, the utility of public examination of the documents would be to merely publicize a councilmember's personal financial information. This office contacted FPPC staff attorney Janette Turvill regarding this issue, who stated that Public Records Act issues were not directly within the purview of FPPC opinions. However, she did provide useful information regarding the way the FPPC. handles documents it relies upon in rendering conflict opinion@. During the process of forming an opinion, the FPPC often M11l 34134WIY=6LIL MMU" -2- obtains personal financial documents from the subject individual. The FPPC does not consider such documents as automatically becoming public mexvy because they were used in forming the opinion. FPPC file documents are segregated into 'disclosures and "nondisclosure• categories ror the purpose of Public Records Acs requests. . Mo. Turvill stated that financial records which are already public, such as the Statement of Economic Interests filed by all public officers, are disclosed by the FPPC. However, personal financial documents which are not normally subject to public disclosure, such as personal checks, personal transaction records, or tax returns, are most often not considered subject to disclosure under the Public Records Act and are placed in the 'nondisclosure' portion of the file. Therefore, even if this matter had been subject to a full investigation and opinion by the FPPC, it is likely that the documents at issue would not be subject to public dissemination. In the present situation, the question of whether the documents reviewed by the former City Attorney are public is now moot because the City does not even have possession of any of those documents and has no way of responding to a Public Records Act request. If the documents are subsequently revealed to the present City Attorney, we believe that they would still not be subject to disclosure to the public at large under the Public Records Act for the reasons previously stated. 3. 7W second issue is whether information revealed to a city attorney by one councilmember must be revealed to the other members of the council. There are differing views on this issue, and there does not appear to be any case law directly on point. FUM"13413AMnmsax 05=1" .3- The argument against revealing such information is that it would further tle public policy of full disclosure of facts to the city attorney without concern that these facts will be disseminated to others. This policy was furthered in the present situation, as mr. Miller's voluntary disclosure of confidential information permitted the former City Attorney to render a more informed opinion than otherwise would have been possible. The argument in favor of disclosure to the other councilmeanbers would be that the City itself is the client and the entire council constitutes the decisiorumking body of that entity. In the present situation, even if the attorney-client privilege was inapplicable vis-a-vis the other four members of the council, the privilege would still apply as between the Council as a whole and the rest of the public. The attorney-client privilege applies to public agency clients even outside the purview of the Brown Act procedures (Raberts v. City Of Palmdala (1993) 5 Cal.4th 363), and a public officer is entitled to claim the privilege to prevent.public disclosure of requested information falling within the scope of that privilege. (70 Op. Atty.Gen. 28 (1987).) Therefore, even if there in no barrier to other Councilmembers' review of whatever documents Mr. Miller may choose to later provide to the City Attorney, we believe that the documents would still not be subject to public disclosure because (1) they are subject to 5 6255 of the Public Records Act, and (2) they are subject to the attorney-client privilege. We will be happy to answer any questions the Council may have concerning this matter. wr�+o�m ups aomua s�. M/01M -4- LAW OFFICES MICHAEL B. MONTGOMERY A LAW CORPORATION 13200 CROSSROADS PARKWAY NORTH SUITE 350 CITY OF INDUSTRY, CALIFORNIA 91748 TELEPHONE (310) 908-1850 FACSIMILE (310) 90&1854 ALSO ADMITTED TO FLORIDA AND HAWAII STATE BARS MEMORANDUM TO: Leonard Hemphill Robert Owen FROM: Interim City Attorney DATE: February 18, 1994 OF COUNSEL MATTHEW C. BISHOP ALAN R. BURNS* JOHN ROBERT HARPER' NAPA COUNTY OFFICE 1475 FOURTH STREET NAPA, CALIFORNIA 94669 (707) 2584WO ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE, CALIFORNIA 92008 (714) 771-7728 WENDY D. DAWER RE: Your Public Records Opinion of February 15, 1994. The City Council, at its meeting of February 15, 1994, decided to take you up on your generous offer to, "discuss this matter further if the Council so desires As I discussed with Leonard on the phone, there is no dispute with your opinion, so far as it goes. Certainly the mere fact that a writing is in the possession of the public, does not make it a public record, nor does the mere fact that the City Attorney happens to review it. One point is significant, and that is that the question may well be moot. Mr. Arczynski's letter of February 1, 1994, states, " . . . if I had the documents, I would not divulge the same; however, since I do not, the point is somewhat academic, is it not?" My inquiry was not concerned with the subject matter of the documents, but simply whether or not the documents were public records. Along that line, at least two unanswered questions remain: 1. If the City Attorney happens to review the documents in his official position as City Attorney, by a Councilmember who intends to, and then does, rely and act on the City Attorney's opinion re conflict of interest, and at public meetings, then is the populace at large entitled to review the documents upon which the City Attorney, based his opinion of "no -conflict"? You may wish to add to the quotient the fact that the votes in this case could affect the permanent nature and character of the community in that the issues involved general plan adoption and major discretionary land use permits for major developments; and M aM - r a- a"M \ H amp h 1. 1 1\ Owa n Paq® 1 LOW OFFICES MICHAEL B. MONTGOMERY 2. If the City Attorney represents the Council, as a body, who holds the privilege of confidentiality? My initial opinion of January 6, 1994, was very brief,. as I did not expect the issue to be elevated to the level of its present concern. I based that opinion on an extension of Ward, which I believe is the current trend. Let me recite some of the passages from papers presented at the City Attorney's division at the last League meeting in October 1993: 1•. the city attorney's communications with staff members cannot be kept secret from supervisors and that communications with individual members of the city council cannot be kept confidential from the full city council. It is important that each city official fully understand this principal in order to avoid misunder- standings." 2. "City officials must understand that their communications with the city attorney are not protected from disclosure to supervisors within the organization. Even though this knowledge may in some situations preclude frank conversations with the city attorney, it is import- ant that this fact be communicated to staff members or members of the city council before a staff member or members of the city council have a communication with the city attorney that the person incorrectly believes will be kept confidential." 3. "The practice of some city attorneys to advise their councils that they will not disclose to the council itself any conflict of interest advice which has been given to an individual council member thus appears to be in direct violation of this Rule [3-600]." For the foregoing reasons, I declined the offer of Coun- cilman Miller to review his copies of the documents, because I felt I would not be able to maintain his condi- tion of confidentiality. Councilman Harmony has requested that if your ultimate opinion differs from mine, that statutory or decisional authority be provided for reference. cc: City Manager City of Diamond Bar MaMo-a_a"M\Humph117\C->W__ Page 2 JAMES L. MARKMAN ANOREW V. ARCZYNSK1 RALPH O. HANSOM JEFFREY KING 0-CRAIGFOK WILLIAM P. CURLEY (Q MARSHA G.SLOUGH JULIA A. KEMP PAMELA P. KING HERIBERTO F. 0IA2 BONNIE BAILEY -JONES February 1, 1994 Michael Montgomery 13200 Crossroads Parkway Suite 350 Industry, California 91786 Re; NUMSER ONE CIVIC CENTER CIAC_E P O. BOX '059 BREA. CALIFORNIA 92622-1059 TELEPHONE fl 17141 990.0901 310169'-361, 9113 FOOTHILLLAILEVARft SUITE 200 RANCHO CUCAMONGA,��IfOR �•�70 TELEPHONE (90�'9s0-iii ., �• ,c ?INr,7- IN REPLY PLEAS"EFE Brea_ cn Your corresP ondence of Janus til Dear Mr. Montgomery; ry 6, 1994 to It is the purpose of this correspondence to res Yours of January 6, 1994 Of Public record re F which appears to "rely a pond documents and recordswithto theom One Terri Bnon•is y some sort Bar Councilmember Ga pertaining to euphemistically titles Millers be in i sue of Diamond undoubtedly well aware South Pointe Master PlanhM somewhat interest in a I Mr- Miller, at one time As y°u are Pointe Area. Portion of the real property wiinhad an subject Having divested himself of an the South property well over one (1) year y interest in the application being filed, I prior to the opinion that, pursuant to the°ceded the quite Unremarkable the Political Reform quirements and strictures of 87000, st SB Act of 1974 (California Government Passing f 9 0, the Provisions of which I Code gg g amiliar,.Mr Miller had no conflictuundertthd YOU are As a result of that divestiture the law. involved, it was abundantl , and the time frame conflict of interest. Yet, clear to all that Mr. that "politics" did not enter an attempt time had no unequivOcall the fray,p °n his part to ensure not participateninuthed to all and sund Mr- Miller clearly and as your self-st led h deliberations on the at he simply would Miller even went so citizens groUP" client Must recall, fact, meetings at which itfar wasadto iscussedlly absent himself from over the gavel to the May or pro (and, while Mayor, part of Mr. Miller were not only Tempore). a handing virtuallyP )• Those actions on the to be counterproductive, y unavailing, they were subject to the In hindsight, if Mr. Personal abuse, venomous attacks land ler was Michael Montgomery February 1, 1994 Page Two vituperative slurs of members of the public in any event, he probably should have participated. Your desire to serve as a conduit to the public under a purported Public Records Act (California Government Code §§ 6250, et seq.) request perplexes me. I know of no attorney representing cities in California who considers his or her files to be available to the public under the California Public Records Act. To presume that such files are available thereunder strikes me as the height of folly and would, if nothing else, eviscerate the salutary purposes of the attorney-client privilege. Moreover, to simply share, with all who have some chimerical need to rummage in the affairs of a public official, the most personal of documents, including tax returns and the like, is the antithesis of the zealous safeguarding of a client's matters required of those of us who attempt to honorably engage in the profession of law. As I have stated, with some frequency, to Councilmembers (including your erstwhile clients Ms. Ansari and Messers. Harmony and Werner) I will not, and do not, share such auricular matters with the merely inquisitive who purport to espouse a "need to know". To do so would not at naught the ability to provide thoughtful counsel to those requesting the same. We take on faith that you would not remonstrate your clients to forthrightly and candidly share all of the facts and documents necessary to a thoroughgoing analysis of the client's lot, all the while knowing that you will simply divulge the aggregate thereof to any who inquire. That approach would, doubtless, produce a client unwilling to impart, frankly, the true state of the facts since, perforce, all will be presented in the public domain and the postulate for candid analysis will be reduced to absurdity. Stated otherwise, if one's client cannot feel secure that what is conveyed to one's lawyer goes no further, there seems little, if any.point, to the exercise. The client will simply provide a factual presentation that puts him or her in the best light or, worse, will enshroud the pertinent data all with the deleterious effects as have been visited upon others unable or unwilling to confide in their counsel the unvarnished truth. The lawyer's role will, then, be reduced to the provision of an endless stream of homilies or truisms, with a dollop of twaddle thrown in for good measure. Michael Montgomery February 1, 1994 Page Three Leaving all of that aside, as manifestly stated to your client, Max Maxwell, in September of the year last past, all of the documents provided by Mr. Miller were returned to Mr. Miller and not retained by this office for reasons which should be abundantly clear, even to those who seek the documents. To assert that this office "lost" the same is laughable and requires no further response. In summary then, if I had the documents, I would not divulge the same; however, since I do not, the point is somewhat academic, is it not? Very ly yours, Andrew V. Arczynski AVA:clf C\1011\LMONTG cc: Councilmember Gary Miller bcc: Terrance Belanger, City Manager LAW OFPC" MICHAEL B. MONTGOMERY A LAW COPPORATION IMO CROWKPJ a PAWWAY NORTH amm My OF Gs' MM. CAFOIMM 01744 TELD406 0141 swim FACSM/ We OW11" MEWRANDUM ALSO AOMOM TO FLORIDA AND KAv iN STATE GARS TO: Mayor and Members of the City Council City of Diamond Aar THRMUR: City Manager pROY: Interim City Attorn DATY: January 6, 1994 SUBJECT: Separate Legal Opinions OF COUNSEL MATTHEW C. &SHOP ALAN R. BURNS' JOHN RWERT HARPER' NACA C21 MMOFFICE 1475 FOMM STREET NAM, CALMOIMIIA 04460 M 2504 000 ARAMOE Cr7 &M OFFlCE 44, S. aLASOM STREET ORANN. CJIIJMMIA "M (f14) 771.7720 91IOFU@&ft OOF* MT&d WENOT D. OAWER I have reosived the enclosed request for an as a whole opinion from Councilmember Papen . I am responding to the COM individual opinion because I am unclear of the Council's policy requests. First, responding tp Mrs. Papen's question, the appellate decision in ward v. Suoerlor Cotta, 1977, To Cal. App.sd 93, 136 Cal. Rptr. , pro des that the" can be no separate attorney-client relationship between the public apnoy attorney and each separate offloer. As stated at page 33, "He in no wise repramU the officers pereonan " Therefore, there is no attortuyolient relationship between the attos»ey and the individual ==bars ad the couvOn• No such relationship ndsting, any records given to me in Tay capacity as City Attorney, would of necessity have to be turned over to the City Clark. As to the second part of the rsqu.st, personu19l end disciplinarywotd oxm*mattors, aret from diselasuro, where the release constitute an unwarranted invasion of personal privacy." Governmet►t Coe tM4. I snit, the council to clarify whether or not the City Attorney is expend to respond to individual opinion requests . rAXZD THIS DATE rp: Michael Montgomery, InterimCit ttorney TAGKI Phyllis Paden, Councilmembe DATE: January 5, 1994 EVBJr•CT: Attorney -Client privilege Of Councilmember/ CCs Terry 9elanger, City Manager • r r r � r r r . r • r r r � r • r • • � i r • � � � r • • � r • At the conclusion of last night's council mostinq or rather early this morning fapprox. 3,05m),, Mr. Masmony raised an issue regarding attorney client privilege for aouncilmembers. pleas• provide the council with the background information, a diy dssfanoof the issues inion. code section, etc. that Ig I understand your statement, Councilmembers proprietary personal, business or financial information is not confidential. Does this also apply to personnel files? Disciplinary actions? JAMES L. MARKMAN ANDREW V. ARCZYNSKI RALPH D. HAMSOM JEFFREY KING D• CRAIG FOA WILLIAM P. CURLEY CQ MARSHA G. SLOUGH JULIA A. KEMP PAMELA P. KING NERIBERTO F. DIAZ BONNIE BAILEY -JONES _&w/ /7 ,�(/ a t t�stwse,POW/ 01 P.. �G �yzgd NUMBER ONE CIVIC CENTER CIRC, September 24, 1993 Max Maxwell 3211 Bent Twig Lane Diamond Bar, California 91765 Re: Yours of August 10, 1993 Dear Mr. Maxwell: P.O. six 1069 BREA.CALIFORNIA 91622.1089 17141 960-0901 TELEPHONE salol s91 -rill 9113 FOOTHILL BOULEVARD SUITE 200 RANCHO CUCAMONGA. CALIFORNIA 9 x19091 960-27.1 TELEPHONE! 1,19091 341-0214 IN REPLY PLEASE REFER TO: Brea This correspondence is in response to yours of August 10, 1993 with regard to a request for information pertaining to Mayor Miller's alleged conflict of interest concerning the South Pointe project. Preliminarily, let me point out that I have spoken with Mr. Montgomery with regard to corresponding with you, directly, and Mr. Montgomery, on September 22, 1993, indicated that he has no concerns with my direct correspondence with you. Additionally, it must be noted that your correspondence was directed to me at the City Hall. As you may know, I do not maintain an office presence at the Diamond Bar City -Hall on a daily basis and, accordingly, mail `directed to me at that location is collected by the City Clerk's office and forwarded to me. Unfortunately, the letter dated August 10, 1993 was not received by the undersigned until shortly after September 9, 1993. - Specifically with regard to your query, please be advised that I have reviewed the files pertaining to Mr. Miller's interests, or more appropriately, lack thereof, vis-a-vis the South Pointe area. As you may know, the matter is considssed by this office to be attorney-client privileged as to ash information presented to me by Mr. Miller and, additiamlly, any information provided by this office to Mr. Miller with regard to the topic in question or related topics. However, Mr. Miller has specifically instructed as to correspond with you on the topic and to provide whatever Max Maxwell September 24, 1993 rage Two information I may have in my possession which he has provided tome. Accordingly, Mr. Miller has instructed me, notwithstanding the attorney-client privilege, to correspond with you regarding the matter. My review of our files reveals that the information provided to me by Mr. Miller was returned to Mr. Miller or destroyed by this office after review by the undersigned. Stated otherwise, it is not my normal practice to maintain personal, confidential records either of a business or individual nature with regard to clients on conflict of interest matters. I typically return such.documents or, at the request of the client, destroy the same in order to preclude any inadvertent release of personal, private and privileged information. Accordingly, specifically with regard to your request, this office does not maintain the material which was supplied to us. Very truly yours, rev V. Arczynski City Attorney City of Diamond Bar AVA/nlc N\1011\LMAXWELL\DB 28.1 cc: Mayor Gary Miller (transmitted by fax) Max Maxwell 3111 Bent Twig Ln. Diamond Bar, CA 91765 714 861-4121 Andrew Arczynski, City Attorney City of Diamond Bar 21660 E. Copley Dr., Ste. 100 Diamond Bar, CA 91765 Dear Andrew Arczynski; August 10, 191 I am requesting copies of the information Mayor Gary Mill, submitted to your office that clearly states his position on n having a conflict of interest in the South Pointe Master Plan, the R -N -P Development Inc. properties. Gary Miller stated publicly that this information is available fr your office many months ago. I have already asked for th information, however all the City gave me is a letter dated Janus 5, 1993 addressed to Councilman John Forbinq, where Gary Kill stated his position as: "The purpose of this letter is to info my city Council colleagues that -I have made a decision to not involved in either the processing of nor the decisions relating one of the maps that has been submitted (Map No. VTM 51407) that a part of the South Pointe Master Plan." The above statement is NOT a clarification of Gary Millet potential conflict of interest, nor does it most the requiremer of supplying to the pudic enough material to clarify the issue Please forward the material that Gary Miller has submitted. the above letter is all that exists, please respond in writing clarify the matter. Thank you, Max Maxwell urr MEAAMY Agenda Item No• 9.1 No Documentation Available Agenda Item No. 9.2 No Documentation Available City of Diamond Bar Meeting Agenda For PRIVATE June 7, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER cr) I Tuesday: May 24, Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: 2.1 PRQCLAIMINGyll , �, ;�� .'r �•�,¢,, 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: "NATIONAL FLAG DAY" , U 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - JUNE 9, 1994 - 6:3 Hearing Room, 21865 E. Cop�jley g.� t 0 l�A,,(QM"D �7Dr. - 7:00 P.M., AQMD 5.2 PLANNING coMKISSI N - Jr?E 13, 1994 Auditorium, 21865 E. Copley Dr. IS'�%,h 5.3 GENERAL PLAN ADVISORY COMMITTE MEETING - JUNE 14, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 CITY COUNCIL MEETING - JUNE 21, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 REGULAR MEETING OF MAY 3, 1994 - APPROVE AS SUBM Requested by City Clerk 6.1.2 ADJOURNED REGULAR MEETING OF MAY 9, 1994 - APPRO' Requested by: City Clerk 6.1.3 REGULAR MEETING OF MAY 17, 1994 - APPROVE AS SUB] Requested by: city Clerk 6.3 PLANNING COMMISSION MINUTES - 6.2.1 REGULAR MEETING OF MARCH 28, 1994 - RECEIVE & FI Requested by: Community Development Director 6.g.2 REGULAR MEETING OF APRIL 11, 1994 - RECEIVE & FI Requested by: Community Development Director City of Diamond Bar Meeting Agenda For Tuesday: May 31, 1994 PRIVATE June 7, 1994 Page: 2 .2.1 REGULAR MEETING OF MARCH 28, 1994 - RECEIVE & FILE /Requested by: Community Development Director -2.2 REGULAR MEETING OF APRIL 11, 1994 - RECEIVE & FILE Requested by: Community Development Director 6 .3 REGULAR MEETING OF APRIL 25, 1994 - RECEIVE & FILE /Requested by: Community Development Director 2.4 REGULAR MEETING OF MAY 9, 1994 - RECEIVE & FILE Requested by: Community Development Director 6.3 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED JUNE 7, 1994 in the amount of $525,799.19. Requested by: City Manager TPM 2L{031 7. PUBLIC HEARINGS: 7.1 (A) ORDINANCE NO. 02A (1990): AND ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 02(1990) ADOPTING REQUIREMENT AND STANDARDS RELATING TO THE COLLECTION, RECYCLING TRANSPORATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - Continued from May 17, 1994. (b) 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 - Recommended Action: Requested by: City Manager 7.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1994-95 - Recommended Action: Requested by: City Engineer 7.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRCT NO. 39 FOR THE FISCAL YEAR 1994-95 - Recommended Action: City of Diamond Bar Tuesday: May 24, Pa e• 3 Meeting Agenda For g PRIVATE June 7, 1994 7.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL ( Recommended Action: Requested by: City Engineer 8. OLD BUSINESS: 8.1 ORDINANCE NO. 5A(1991): AN ORDINANCE OF THE CITY COUNCI: THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES CO ASHERETOFOREPERTAININGT HE CITY DIAMOND BARecondreadin LATIO SIGNAGEIN THE g. Recommended Action: Requested by: Community Development Director 8 AWARD OF CONTRACT FOR CONSTRUCTION/MODIFICATION OF HAND] CCESS RAMPS AT VARIOUS LOCATIONS IN DIAMOND BAR - On Al 5, 94, the Council adopted Resolution No. 94--16 appro� if ication c plans specifications for construction/ Notice to handicap a ess ramps at various locat' s. bidders was p ished on April 6, 4. Eleven bids wee submitted and pe on May 3 94. The lowest apparei bidder was Perry Mann ustries, Inc., of Long Beacl Recommended Actio It is r mmended that the City Co' receive the bi and award the p osed contract to Per Man Ind ries, Inc., in an amou not to exceed $2 Furthe e, it is recommended that the ouncil author Contin ncy amount of $3,500 for project ch ge orders aper ed by the City Manager. Requested by: City Engineer 8.3 RESOLUTION NO. 93-05A: A RESOLUTION OF THE CITY COUNC3 THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 93-05 ESTABLISHING "NO RIGHT TURN, 4:00 P.M.- 7:00 P.M., MONDAY -FRIDAY, EXCEPT SCHOOL BUSES" SIGNS ON ROLLING Kr ROAD AND COUNTRY VIEW DRIVE AT GRAND AVENUE - The City received a request from the Walnut Valley Unified Schoc District to allow school buses transporting students t4 from Quail Summit Elementary School to.make right turn Rolling Knoll Rd. and Country View Dr. at Grand Ave. matter was discussed and approved by the Traffic & Transportation Commission on April 14, 1994. Recommended Action: Adopt Resolution No. 93-05A amend Resolution No. 93-05 establishing "No Right Turn" sign Rolling Knoll Rd. and Country View Dr. Requested by: City Engineer Tuesday: May 31, 1994 City of Diamond Bar Page: 4 Meeting Agenda For g PRIVATE June 7, 1994 8.4 DISCUSSION RE: COUNCIL 1994•COMMITTEE FOR LIBRARY SERVICES Contineud fromMy 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 8.5 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNSS CARRYING NACouncil sESnOF ames COUNCIL MEMBERS - To ban placing City ion project signs. Continued from on public works construct May 17, 1994. Recommended Action: It is recommended that the ublicCity worksncil no longer, place names of Council Members on p construction project signs. Requested by: Mayor Werner 8.6 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY Continued from May 17, 1994. Requested by: Mayor Pro Tem Harmony 9. NEW BUSINESS:. - BREA RECREATION FOR 18 WEEK EXTENSION 9.1 CONTRACT AMENDMENT 17 Recommended Action: Requested by: Community Services Director HE CITY OF 9.2 RESOLUTION NO. 94 -XX: APPRROVINGLUTION OF PLANS ANDTSPECIFICAT SPECIFICATIONS CITY OF DIAMO TREE TRIMMING SERVICES - Recommended Action: Requested by: Community Services Director 9.3 ENGINEERING SERVICES CONTRACT - Recommended Action: ' Requested by: City Engineer 9.4 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING SSUES TIME FOR TO REGULAR CITY COUNCIL MEETINGS, AND THE CONDUCT OF CITY COUNCIL MEETINGS - Recommended Action: Requested by: City Council Tuesday: May 24, 1 City of Diamond Bar Page: 5 Agenda genda For PRIVATE June 7, 1994 COMMLTNI7 9.1 INSTALLATION OF DIAGfacilit�Gthe Center AT GdoegRnot have because the parking y at sufficient number of parking spaces to accomodate all the members. Therefore, the Traffic and Transportation Commission recommends the installation of diagonal parkin Brea Canyon Rd. as soon as p ossible. Recommended Action: It is recommended that the City cesono n approve the installation of diagonal pa Canyon Rd., and that it be included as part of the Brea Canyon Rd. Improvements t. Requested by: City Engineer 9.2 CONTRACT AMENDMENT - BREA RECREATION FOR 18 WEEK EXTENSI( Recommended Action: Requested by: Community Services Director 9.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF TSPECI CITY COUNCIL O NCILF CITY OF DIAMOND BAR APPROVING PLANS TREE TRIMMING SERVICES - Recommended Action: Requested by: Community Services Director 9.3 ENGINEERING SERVICES CONTRACT Recommended Action: Requested by: City Engineer : ORDER OF AGENDA ITEMS, BEGINNING TIME F 9.4 DISCUSSION RE REGULAR CITY COUNCIL C UNCILGMEETINGSTHER ISSUES RELATET THE CONDUCT OF CITY Recommended Action: ested by: City Council 10. ANNOUNC&MS : 11. CLOSED SESSION: Matters of pending litigation (G -C May convene to consider: or purchase/sale of real 54956.9), Personnel (G.C. 54957.6), property (G.C. 54956.8). Records not available for public inspections. 12. ADJOURNMENT: City of Diamond Bar Meeting Agenda For PRIVATE June 7, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER DRAFT Thursday: June 2, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: 14 -s- 2. 4 -s' 2 . 1 PROCLAIMING -1 U n e 14 t lel `'I `1 "NATIONAL FLAG DAY" 2.2 COMMENDATION - DIAMOND BAR FCI GIRLS SOCCER - 2.3 COMMENDATIONS - SPELLING BEE WINNERS 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 MATERIALS RECOVERY FACILITY (MRF) COMMITTEE - JUNE 8, 1994 7:00 p.m., AQMD Room CC-, 21865 E. Copley Dr. 6 5.2 TRAFFIC & TRANSPORTATION COMMISSION - JUNE 9, 1994 - 6:30 P.M. AQMD Hearing Room, 21865 E. Copley Dr. 5.3 PARKS & RECREATION USER GROUP MEETING - JUNE 9, 1994 - 7:00 Rd. P.M., 5.4 PLANNING COMMISSION - JUNE 13, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.5 GENERAL PLAN ADVISORY COMMITTE_�MEETING - JUNE 14, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.6 MATERIALS RECOVERY FACILITY (MRF) COMMITTEE - JUNE 15, 1994 - 7:00 p.m., AQMD Room CC-, 21865 E. Copley Dr. 5.7 CITY COUNCIL MEETING - JUNE 21, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - REGULAR MEETING OF MAY 3, 1994 - APPROVE as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - 6.2.1 REGULAR MEETING OF MARCH 28, 1994 - RECEIVE & FILE City of Diamond Bar Thursday: June 2, 1994 Meeting Agenda For Page: 2 PRIVATE June 7, 1994 6.2.1 REGULAR MEETING OF MARCH 28, 1994 - RECEIVE & FILE Requested by: Community Development Director 6.2.2 REGULAR MEETING OF APRIL 11, 1994 - RECEIVE & FILE Requested by: Community Development Director 6.2.3 REGULAR MEETING OF APRIL 25, 1994 - RECEIVE & FILE Requested by: Community Development Director 6.2.4 REGULAR MEETING OF MAY 9, 1994 - RECEIVE & FILE Requested by: Community Development Director 6--3 to d M \ V\ -u 1 t -- s-- t7 - It �-1 6.3 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED JUNE 7, 1994 in the amount of $525,799.19. Requested by: City Manager 6.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING PARCEL MAP NO. 24031... - Recommended Action: Requested by: Community Development Director 6.5 SUPPORT BLOOD TESTING; FIRST STRIKE LEGISLATION - 141 V Recommended Action: Requested by: City Manager n 4'j•'1 1% �ji�(�2'/✓`e.-� 7. PUBLIC HEARINGS: 7.1 (A) ORDINANCE NO. 02A (1990): AND ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 02(1990) ADOPTING REQUIREMENT AND STANDARDS RELATING TO THE COLLECTION, RECYCLING TRANSPORATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - Continued from May 17, 1994. (b) 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 - Recommended Action: Requested by: City Manager 7.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1994-95 - The City Council at the May 17, 1994 City of Diamond Bar Thursday: June 2, 1994 Meeting Agenda For Page: 3 PRIVATE June 7, 1994 7.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF meeting approved the Engineer's Report and adopted Resolution No..94-22 to declare the City's intention to levy and collect assessments for District No. 38. The Council also set June 7, 1994 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1994-95. Recommended Action: It is recommended that the City Council adopt the attached Resolution to set the assessment for FY 1994-95 for Landscaping District No. 38. Requested by: City Engineer 7.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRCT NO. 39 FOR THE FISCAL YEAR 1994-95 - The City Council at the May 17, 1994 meeting approved the Engineer's Report and adopted Resolution No. 94-23 to declare the City's intention to levy and collect assessments for District No. 39. The Council also set June 7, 1994 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 1994-95. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX to set the assessment for FY 1994-95 for Landscaping Assessment District No. 39. Requested by: City Engineer 7.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF.DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1994-95 - The City Council at the May 17, 1994 meeting approved the Engineer's Report and adopted Resolution No. 94-24 to declare the City's intention to levy and collect assessments for District No. 41. The Council also set June 7, 1994 as the public hearing date on the levy of the proposed assessments on assessable lots within this District for FY 94-95. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX to set the assessment for FY 1994-95 for Landscaping Assessment District No. 41. Requested by: City Engineer 7.5 CONSIDERATION OF THE FISCAL YEAR 1994-95 GENERAL MUNICIPAL BUDGETS SPECIAL FUNDS AND CAPITAL IMPROVEMENT PROGRAM - Recommended Action: Requested by: City Manager City of Diamond Bar Thursday: June 2, 1994 Meeting Agenda For Page: 4 PRIVATE June 7, 1994 7.5 CONSIDERATION OF THE FISCAL YEAR 1994-95 GENERAL MUNICIPAL 8. OLD BUSINESS: 8 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 - Second reading. Recommended Action: Requested by: Community Development Director RESOLUTION NO. 93-05A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 93-05 (� ESTABLISHING "NO RIGHT TURN, 4:00 P.M.- 7:00 P.M., MONDAY -FRIDAY, EXCEPT SCHOOL BUSES" SIGNS ON ROLLING KNOLL �t m� ROAD AND COUNTRY VIEW DRIVE AT GRAND AVENUE - The City received a request from the Walnut Valley Unified School District to allow school buses transporting students to and from Quail Summit Elementary School to make right turns on Rolling Knoll Rd. and Country View Dr. at Grand Ave. This matter was discussed and approved by the Traffic & Transportation Commission on April 14, 1994. Continued from May 17, 1994. Recommended Action: Adopt Resolution No. 93-05A amending Resolution No. 93-05 establishing "No Right Turn" signs on Rolling Knoll Rd. and Country View Dr. Requested by: City Engineer 8.3 SELECTION OF CITY ATTORNEY - ELEVEN FIRMS HAVE SUBMITTED proposals in response to the City Council's solicitation for City Attorney services. Continued from May 17, 1994. Recommended Action: It is recommended that the City Council conduct confidential interviews of the invited firms at a Closed Session specifically designated for that purpose Requested by: City Council 8.4 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES Contineud from May 17, 1994. 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 8.5 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To ban placing City Council Members' names Thursday: June 2, 1994 of Diamond Bar Page' 5 City Meeting Agenda For June 7, 1994 PRIVATE CARRYING NAMES OF 8.5 DISCUSSION RE: PUIMPROVEMENT o BLIC IMPROVEMEN eCtlsNgn on public works coContinued from nstruction project May 17► 1994'tcouncil Recommended Action: It is recommended that tublicworks no longer place names of Council Members on p construction project signs. Requested by: Mayor Werner REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - 8.6 MATTER OF 1994. Continued from May 17, Requested by: Mayor Pro Tem Harmony g -7 m f� C- S' ca �� S. �� fVo , — 9. NEW BUSINESS: TO PROVIDE RECREATION OF FOR 1994/95 FISCAL YEAR - g LETTER OFF R CIITTYNOF DIAMOND YBAR F Provided recreation SERVICES s a contractor, has p Under terms The City of Brea a for the past three years. reVeuP- services in the City year contract, cost and mutual of the existing three y on mutual written be made to the contract uP of Brea provides adjustments may from the City a 3 100 consent. The attached proposal . participation and $ ► for a 158 person increase with a $,320 decrease in net costs. increase in revenue, that the City Council It is recommended the 1994-95 FY, ected approve the Rec Recommended Action: reement forro reation Services 306,653 and P 7 with projected n the expenditures of $ or to sig 4,535, and authorize the May revenues of r21 letter of agreement. Requested by' Community Services Director CITY OF g, RESOLUTION NO. 94 -XX: A RESOLUTION OFDT6PECIFICAT ONSLFOR THE CITY OF DIAMOND BAR plppROVING PLUS �� TO p�VERTISE TO CITY-WIDE STREET TREE MAINTENANHE CE IN SAID CITY AN second AUTHORIZING AND DIRECTINis about to complete itsrsecO RECEIVE BIDS - The City contract with a private contractor to provide one-yearService has rivate SOK city-wide street tree maintenance. the use of p The specifications are excellent and ostaff rroviecommends ecomienservicelnuing the option to contractorsto contract, but allows the City for a one y up to five additional renew the contract on an annual basis, years. Council It is recommended sect theaCityeclerk to Recommended Action: 94 -XX an adopt Resolution No. advertise for and receive bids. Requested by: Community Services Director Thursday: June 2, 1994 City of Diamond Bar aMeePage: 6 Meeting Agenda For June 7, 1994 PRIVATE ES CONTRACT 9.3 GINEERING SERVIC- f c �( R ommend � n City Engineer Requested by: BEGINNING TIME FOR g,4 DISCUSSION RE. ORDER OF AGENDA ITDEMER ISSUES RELATED TO REGULAR CITY COUNCIL MEETINGS, THE CONDUCT OF CITY COUNCIL MEETINGS Recommended Action: Requested by: City Council MATTERS 9,5 CITY ATTORNEY REQUESTS DIRECTION ON AMICUS CURIAE Recommended Action: Requested by: City Attorney 10. ANNOUNCEMENTS: G.C. Pe litigation 11. CLOSED SESSION: Matters of o purchase/sale of real May convene to consider: 54957.6), for public 54956.9), Personnel (G.C. ro erty (G -c- 54956.8). Records not available inspections- 12, ADJOURNMENT: City of Diamond Bar Meeting Agenda For PRIVATE June 7, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER �� Tuesday: May 24, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: 2.1 PRQCLAIMING - "NATIONAL FLAG DAY" 3• PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURF. FUrVrrc City of Diamond Bar eeting Agenda For PRIVATE June 7, 1994 6.J.2 REGULAR MEETING OF APRIL 11, 6.'x.3 REGULAR MEETING OF APRIL 25, Community Development Director Tuesday: May 24, 1994 Page: 2 1994 - RECEIVE & FILE 1994 - RECEIVE & FILE 6.3.4 Requested by: REGULAR MEETING OF MAY 91 1994 - RECEIVE & FILE Requested by: Community Development Director 6. VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED JUNE 7, in the amount of $ 1994 Requested by: City Manager 7. PUBLIC HEARINGS: 7.1 (A) ORDINANCE NO. 02A (1990): AND ORDINANCE OF THE CITY COUNCIL OF THE CITY OFDD�D STANDARDS DING RELATING ORDINANCETO THE 02(1990) ADOPTING REQUIREMENTSpORATION, AND DISPOSAL OF SOLID COLLECTION, RECYCLING IRAN - Continued from WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS May 17, 1994. THE CITY A RESOLUTION OF b) RESOLUTION NO. 90-95B: ESTABLISHING NG A PERMIT SYSTEM OR COUNCIL OF THE CITY OF DIAMOND BAR THE COLLECTION AND DISPOSAL OF SOLID WASTE Recommended Action: Requested by: City Manager 7.2 RESOLUTION NO - 94 -XX: A RESOLUTION OF THE CITY COCTY OF UNCIL OF THE CITY OF DIAMOND BAR ASSEING SSMENT DISTRICTNNO. N38IFOR THE DIAMOND BAR LANDSCAPING FISCAL YEAR 1994-95 - Recommended Action: Requested by: City Engineer ON OF 7.3 RESOLUTION NO. 94 -XX: A RESOL AS CITY OF DIAMOND BAR LEVYING SESSMENTEONICITY OFTY CDIAMOND IL OF HE YEAR BAR LANDSCAPING ASSESSMENT DISTRCT NO. 39 FOR THE FISCAL 1994-95 - Recommended Action: Requested by: City Engineer N OFETHEOCI Y C 7.4 OFCDIAMONDIL or HE RESOLUTION NO. 94 -XX: A RESOLUTION CITY OF DIAMOND BAR LEVYING AN BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1994-95 - City of Diamond Bar Tuesday: May 24, 1994 Meeting Agenda For Page: 3 PRIVATE June 7, 1994 7.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE Recommended Action: Requested by: City Engineer 8. OLD BUSINESS: 8.1 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 - Second reading. Recommended Action: Requested by: Community Development Director 8� AWARD OF CONTRACT FOR CONSTRUCTION/MODIFICATION OF HANDICAP / CCESS RAMPS AT VARIOUS LOCATIONS IN DIAMOND BAR - On April 5, 94, the Council adopted Resolution No. 94-:16 approving plans specifications for construction/ ification of handicap a ess ramps at various locat' s. Notice to bidders was p ished on April 6, 4. Eleven bids were submitted and ope on May 94. The lowest apparent bidder was Perry Mann ustries, Inc., of Long Beach. Recommended Actio It is r mmended that the City Council receive the bi and award the p osed contract to Perry Manness Ind ries, Inc., in an amou not to exceed $28,805. Furthe e, it is recommended that the�chge cil authorize a contin ncy amount of $3,500 for project orders to be appr ed by the City Manager. Requested by: City Engineer 8.3 RESOLUTION NO. 93-05A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 93-05 ESTABLISHING "NO RIGHT TURN, 4:00 P.M.- 7:00 P.M., MONDAY -FRIDAY, EXCEPT SCHOOL BUSES" SIGNS ON ROLLING KNOLL ROAD AND COUNTRY VIEW DRIVE AT GRAND AVENUE - The City received a request from the Walnut Valley Unified School District to allow school buses transporting students to and from Quail Summit Elementary School to.make right turns on Rolling Knoll Rd. and Country View Dr. at Grand Ave. This matter was discussed and approved by the Traffic & Transportation Commission on April 14, 1994. Recommended Action: Adopt Resolution No. 93-05A amending Resolution No. 93-05 establishing "No Right Turn" signs on Rolling Knoll Rd. and Country View Dr. Requested by: City Engineer City of Diamond Bar Meeting Agenda ForTuesday: May 24, 1994 PRIVATE June 7, 1994 Page: 4 8.4 SELECTION OF CITY ATTORNEY - ELEVEN FIRMS HAVE SUBMITTED proposals in response to the City Council's solicitation for City Attorney services. Continued from May 17, 1994. Recommended Action: It is recommended that the City Council conduct confidential interviews of the invited firms at a Closed Session specifically designated for that purpose Requested by: City Council 8.5 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES Contineud from May 17, 1994. 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 8.6 D CUSSION RE: GENERAL PLAN ADVISORY COMMITTEE PROG ON TH REPARATION OF THE GENERAL PLAN; TIMETABLE OF TH GENERAL PLAN IN ORDER TO PLACE IT OMPLETIa GENERAL ECTION BALLOT - This matt E NOVEMBER Plan Advis y Committee ates to the General a simple ma quorum ether the quorum should be j ity rather t 'the current "super" majority quorum (two-th ds of GPAC membership); the completion o General Plan if the Council eintends table oto place it on th�r ov er 1994 General Election Ballot. Request!4,15y,: Mayor W 8.7 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - To ban placing,City Council Members' names on public works construction project signs. Continued from May 17, 1994. 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 8.8 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Continued from May 17, 1994. Requested by: Mayor Pro Tem Harmony 9. NEW BUSINESS: 9.1 INSTALLATION OF DIAGONAL PARKING AT HERITAGE PARK COMMUNITY CENTER - During their regularly scheduled meetings held on Tuesdays, members of the Diamond Bar Senior Citizens Club Park diagonally on Brea Canyon Rd., near.the Heritage Park Community Center. They utilize Brea Canyon Rd. for parking City of Diamond Bar Meeting Agenda ForTuesday: May 24, 1994 PRIVATE June 7, 1994 Page: 5, 9.1 INSTALLATION OF DIAGONAL PARKING AT HERITAGE PARK COMMUNITY because the parking facility at the Center does not have a sufficient number of parking spaces to accomodate all the members. Therefore, the Traffic and Transportation Commission recommends the installation of diagonal parking on Brea Canyon Rd. as soon as possible. Recommended Action: It is recommended that the City Council approve the installation of diagonal parking spaces on Brea Canyon Rd., and that it be included as part of the Brea Canyon Rd. Improvements Project. Requested by: City Engineer 9.2 CONTRACT AMENDMENT - BREA RECREATION FOR 18 WEEK EXTENSION - Recommended Action: Requested by: Community Services Director 9.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR TREE TRIMMING SERVICES - Recommended Action: Requested by: Community Services Director 9.3 ENGINEERING SERVICES CONTRACT Recommended Action: Requested by: City Engineer 9.4 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR THE CONDUCT OF REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO CITY COUNCIL MEETINGS - Recommended Action: Requested by: City Council LO. ANN ovNc S. L1_ CLOSED SESSION: May convene to consider: Matters of pending litigation (G.C. 54956.9), Personnel (G.C. 54957.6)1 or property (G.C. 54956.8). Records not availableforlpubof liceal inspections. e 2. ADJOURNMENT: