HomeMy WebLinkAbout06/21/1994row
Cit 0�
COUYICIV
AGENDA
Tuesday, June 21, 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 I
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.
Please refrain from smoking, eating or drinking
in the Council Chambers.
�Ili.l�ii1011 11.11:
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The City of Diamond Bar uses re�c
and encourages you to do the,
FISSION 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 appy iates your cooperation.
Gar Werner, Mayor
Clair W. Harmony Phyllis E. Papen
Mayor Pro Tem Council o
Eileen R. Ansari r G. Mill
Councilwoman Councilman
Next Resolution No. 94-27
Next Ordinance No. 03(1994)
1. CALL TO ORDER: 6:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor Werner
ROLL CALL: Council Members Ansari, Papen, Miller,
Mayor Pro Tem Harmony and Mayor Werner
2. DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT
MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND OAK TREE
PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP 32400,
CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2;
TENTATIVE TRACT MAP NO. 51253 AND 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 - Continued
from June 13, 1994. The City Attorney has prepared a report
regarding the time frames and decision parameters regarding
this matter.
Recommended Action: None to be taken.
Requested by: City Council
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
None
4. PUBLIC COMMENTS: "Public Comments" is the time reserved o7
each regular meeting agenda to provide an opportunity foi
members of the public to directly address the Council of
Consent Calendar items or matters of interest to the publi4
that are not already scheduled for consideration on thi
agenda. Please complete a Speaker's Card and aive it to th
City Clerk (completion of this form is voluntary). There i
a five minute maximum time limit when addressinq the Cit
Council.
5. COUNCIL COMMENTS: Items raised by individual Councilmembex
are for Council discussion. Direction may be given at thi
meeting or the item may be scheduled for action at a futui
meeting.
6. SCHEDULE OF FUTURE EVENTS:
6.1 GENERAL PLAN ADVISORY COMMITTEE (GPAC) - June 23, 1994
7:00 p.m., Heritage Park Community Center, 2900 S. Br�
Canyon Rd.
6.2 PARKS & RECREATION COMMISSION - June 23, 1994 - 7:
p.m., Heritage Park Community Center, 2900 S. Brea Cany
Rd.
6.3 PLANNING COMMISSION - June 27, 1994 - 7:00 p.m., AQME
Auditorium, 21865 E. Copley Dr.
JUNE 21, 1994
7.
PAGE 2
6.4 GENERAL PLAN ADVISORY COMMITTEE (GPAC) - June 28, 1994 -
7:00 p.m., Heritage Park Community Center, 2900 S. Brea
Canyon Rd.
6.5 CONCERT IN THE PARK - June 29, 1994 - 6:30 - 8:00 p.m.,
E1 Toro Marine Corp Band - Patriotic Music - Sycamore
Canyon Park, 22930 Golden Springs Rd.
6.6 GENERAL PLAN ADVISORY COMMITTEE (GPAC) - June 30, 1994 -
7:00 p.m., Heritage Park Community Center, 2900 S. Brea
Canyon Rd.
6.7 4TH OF JULY HOLIDAY - In observance, City Offices will be
closed Monday, July 4, 1994. Offices will reopen July 5,
1994.
6.8 CITY COUNCIL MEETING - July 5, 1994 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
CONSENT CALENDAR:
7.1 APPROVAL OF MINUTES:
7.1.1 Adjourned Regular Meeting of May 9, 1994 -
Approve as submitted.
7.1.2 Regular Meeting of May 17, 1994 - Approve as
Submitted.
Requested by: City Clerk
7.2 VOUCHER REGISTER - Approve Voucher Register dated June
21, 1994 in the amount of $856,577.60.
Requested by: City Manager
7.3 TREASURER'S REPORT - Receive & File Treasurer's Repori
for the month of April, 1994.
Requested by: City Manager
7.4 GRADING BOND REDUCTION FOR 13 LOT SUBDIVISION AT DIAMON
KNOLL LANE IN TRACT 47722 - The City desires to reduc
Bond No. 3SX77171800 to $22,500.
Recommended Action: It is recommended that the Cit
Council approve the reduction of Grading Bond Nc
3SM77171800 posted to $22,500; and direct the City Clei
to notify the principals.
Requested by: City Engineer
7.5 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNC'
OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION '
THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH A
NOT LONGER REQUIRED AS PROVIDED UNDER ELECTIONS CO
SECTION 14700 - On August 10, 1992, the City w
presented with a "Petition for a Referendum Again
Resolution No. 92-44" adopting a General Plan. Sa
petition was certified as sufficient on March 11,
JUNE 21, 1994
8.
91
PAGE 3
1993. As specified in Section 14700, et seq. of the
California Elections Code, "Elections officials required
by law to receive or file in their offices any initiative
or referendum petition shall preserve the petition until
eight months after the certification of the results of
the election for which the petition qualified or, if the
measure, for any reason, is not submitted to the voters,
eight months after the final examination of the petition
by the election's official."
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX approving the
destruction of petitions and photocopies thereof which
are no longer required as provided under Elections Code
14700, et seq.
Requested by: City Clerk
7.6 POMONA VALLEY HUMANE SOCIETY AGREEMENT FOR FY 1994-95 -
SUPPLEMENT NO. 3 - Annually, the City Council is
requested to review the Agreement for Animal Control
Services with POMONA Valley Humane Society and approve
the annual payment.
Recommended Action: It is recommended that the City
Council approve Supplement No. 3 to the Agreement for
Animal Control Services between the City and the POMONI
Valley Humane Society and authorize the Mayor to sign the
document.
Requested by: City Manager
PUBLIC HEARINGS: None
OLD BUSINESS:
9.1 SECOND READING ORDINANCE NO. 02A(1990): AN ORDINANCE 0
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDIN
ORDINANCE NO. 02(1990) ADOPTING REQUIREMENTS AN
STANDARDS RELATING TO THE COLLECTION, RECYCLIT
TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABI
AND COMPOSTABLE MATERIALS - On June 7, 1994, the Cit
Council conducted a duly noticed public hearing, receiv(
public testimony and approved for first reading, by tit:
only, Ordinance 02A(1990).
Recommended Action: It is recommended that the Ci,
Council approved for second reading and adopt Ordinan
No. 02A (1990).
Requested by: City Manager
9.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNC
OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON C3
OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 1
JUNE 21, 1994 PAGE 4
THE FISCAL YEAR 1994-95 - At their meeting of May 17,
1994, the City Council 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.
Continued from June 7, 1994.
Recommended Action: It is recommended that the City
Council adopt the Resolution No. 94 -XX setting the
assessment for Landscape District No. 38 for FY 1994-95.
Requested by: City Engineer
9.3 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 - At their meeting of May 17,
1994, the City Council 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.
Continued from June 7, 1994.
Recommended Action: It is recommended that the Cit}
Council adopt Resolution No. 94 -XX setting the assessment
for Landscape District No. 39 for FY 1994-95.
Requested by: City Engineer
9.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCI
OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CIT
OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FO
THE FISCAL YEAR 1994-95 - At their meeting of May 17
1994, the City Council approved the Engineer's Report an
adopted Resolution No. 94-24 to declare City's intentic
to levy and collect assessments for District No. 41. Tr
Council also set June 7, 1994 as the public hearing dat
on the levy of the proposed assessments on assessab]
lots within this District for FY 1994-95. Continued frc
June 7, 1994.
Recommended Action: It is recommended that the Ci,
Council adopt Resolution No. 94 -XX setting the assessme
for Landscape Assessment District No. 41 for FY 1994-9
Requested by: City Engineer
9.5 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNC
OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING
BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL Yi
COMMENCING JULY 1, 1994 AND ENDING JUNE 30, 15
JUNE 21, 1994 PAGE 5
INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND
CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR
ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES
THEREIN SET FOR - Submitted for Council review and
approval is the proposed FY 1994-95 Annual Budget and its
accompanying resolution. Continued from June 7, 1994.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX approving and adopting
a budget for FY 94-95.
Requested by: City Manager
9.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 1994-95 FOR THE CITY OF DIAMOND BAR IN
ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1
OF THE CALIFORNIA GOVERNMENT CODE - Submitted for the
Council's review and approval is the Appropriations Limit
recommended for FY 1994-95. In addition, the Council is
being asked to approve the adjustment factors used in the
calculation of the Appropriations Limit.
Recommended Action: It is recommended that the City
Council approve the use of L.A. County's populatior
percentage change for use in calculating the FY 94-9°
Appropriations Limit; approve the use of the City'.c
percentage change in non-residential assessed valuatioi
in calculating FY 94-95 Appropriations Limit; and adopt
Resolution No. 94 -XX.
Requested by: City Manager
9.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL 0
THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE C
CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLIC
- Submitted for Council's review and approval is tt
Proposed Investment Policy for FY 1994-95 and it
accompanying resolution.
Recommended Action: It is recommended that the Cil
Council adopt Resolution No. 94 -XX adopting the Statemei
of Investment Policy.
Requested by: City Manager
9.8 FUNDING OF THURSDAY AND SATURDAY LIBRARY SERVICES FOR
94-95 - During FY 1993-94, the City Council approved
allocation of $70,000 to the Diamond Bar Branch Librar
Of this amount, $60,000 was for the purpose of opens
the Library on Thursdays and Saturdays from February
through June 30, 1994. The cost for this was calculai
at $1,500 per additional open day. We have been infori
by the Library administration that the operational co
JUNE 21, 1994 PAGE 6
for Saturdays can be reduced to $1,400. This would still
maintain the children's program. Also, it is possible
that additional funding might be provided to the Library
system from the Board of Supervisors, which could further
reduce our daily cost, but the results of this will not
be known until July 14, 1994.
Recommended Action: It is recommended that the City
Council authorize the Mayor to execute an agreement with
the Library administration for funding the D.B. Branch
operations on Thursdays and Saturdays during Fiscal Year
1994-95, in an amount not to exceed $160,000.
Requested by: City Manager
9.9 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 June 7, 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
9.10 SELECTION OF CITY ATTORNEY - Eleven firms have submitter
proposals in response to the City Council's solicitatiol
for City Attorney services. Continued from June 7, 1994
Recommended Action: It is recommended that the Cit,
Council conduct confidential interviews of the invite
firms at a Closed Session specifically designated fo
that purpose.
Requested by: City Council
9.11 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICI
- Continued from June 7, 1994.
Recommended Action: It is recommended that the Mays
appoint a Library Services sub -committee of the Ci'
Council comprised of two members of the City Council.
Requested by: Councilwoman Ansari
9.12 DISCUSSION'RE: ORDER OF AGENDA ITEMS, BEGINNING TIME F
REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELAZ
TO THE CONDUCT OF CITY COUNCIL MEETINGS - Contint
from June 7, 1994.
Requested by: City Council
JUNE 21, 1994
PAGE 7
9.13 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM
Recommended Action: It is recommended that the City
Council modify the existing continuing subject matter
committee approach to issue analysis by eliminating that
type of less than a quorum committee; and replacing less
than a quorum of the Council issue analysis with a
specific issue ad hoc committee approach.
Requested by: City Manager
9.14 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS.
Requested by: City Manager
9.15 CITY ATTORNEY REQUEST FOR DIRECTION ON AMICUS CURIAE
MATTERS - Verbal presentation by City Attorney.
Continued from June 7, 1994.
Requested by: City Attorney
10. NEW BUSINESS:
10.1 AWARD OF CONTRACT FOR AUDITING SERVICES - The firm of
Thomas, Bigbie & Smith has prepared the annual audit foi
the City for Fiscal Years 1990 through 1993. A:
indicated in the Budget Message for FY 1995, it i
recommended to retain this firm for the audit of FY 1994
It has become customary that municipalities change audi
firms approximately 'every five years. If Counci
approves this recommendation, this would be the fift
year with this firm. Thomas, Bigbie & Smith is a well
qualified firm in public accountancy. Public client
have included the Cities of Riverside, San Bernardinc
Chino, Corona, Indian Wells, Palm Desert, Indio, Ranct
Mirage, as well as many other cities and public agencies
in Riverside, San Bernardino and Los Angeles Counties
The proposed fee for the FY 1994 audit is $12,500.
Recommended Action: It is recommended that the Ci
Council retain the firm of Thomas, Bigbie & Smith
prepare the annual audit for FY 1994.
Requested by: City Manager
10.2 STATUS REPORT AND REQUEST FOR LEGAL COUNSEL SPECIALIZ]
IN ENVIRONMENTAL MATTERS RE: TO SUPPORT EFFORTS
INDUSTRY MATERIALS RECOVERY FACILITY COMMITTEE -
April, the Council established an ad hoc citizo
advisory committee to stimulate community discussion
the proposed Industry Materials Recovery Facility.
Committee has been meeting on a bi-weekly basis and
approximately 45 members, of which 20 are activ
involved with the committee. The Committee has crea
several subcommittees to address specific issues
JUNE 21, 1994 PAGE 8
interest which include: an Education/ Communications
Subcommittee; a Technical Subcommittee; a Legal/
Legislative Subcommittee and a Community Action Group.
The Committee has been very aggressive in their efforts
to alert the community about the proposed materials
recovery facility. Committee members have dedicated
countless hours manning tables at supermarkets,
collecting signatures on petitions, calling residents to
inform them about the proposed project, reading the Draft
Environmental Impact Report, researching various
technical ways of opposing the project and attending
numerous meetings. The City has been equally as
aggressive in informing the community about this project
and what residents can do to express their opposition.
In addition, the City has supported the Committee's
efforts in a number of ways.
Recommended Action: It is recommended that the City
Council approve the expenditure of $10,000 from the
special legal services fund in order to retain legal
services to review the proposed Industry Material.
Recovery Facility and corresponding environmenta'
documentation. It is further recommended that the Cit,
Council authorize the City Manager to execute ai
agreement with the Trumbull Law Firm to provide: a)
detailed legal analysis of the Draft Environmental Impac
Report; 2) to prepare written comments emphasizing th
major non-CEQA related issues: to coordinate written an
oral comments with the City's environmental consultant
LG&E Power Engineers and Constructors, Inc. and t
prepare an outline of litigation issues and concern
associated with the City's opposition to the project.
Requested by: City Manager
11. ANNOUNCEMENTS:
12. CLOSED SESSION: May convene to consider: Matters of pendi
litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or
purchase/sale of real property (G.C. 54956.8). Records nc
available for public inspection.
13. ADJOURNMENT:
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Regular Meeting at
the South Coast Air Quality Management District Auditorium,
located at 21865 E. Copley Dr., Diamond Bar, California at 7:00
p.m. on Tuesday, June 21, 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 21, 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 17th 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
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: ( 2/ 9�l
TO: City Clerk
FROM: fif �-
ADDRESS : X3.3 Lf��t��y f%LL o 12
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I expect to address the Council on the subject agenda item. Please have the
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ritten above.
Signature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
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7 --poo,
Walnut Valley Unified School District
QUAIL SUMMIT ELEMENTARY SCHOOL
23330 Quail Summit Drive
Diamond Bar, CA 91765 - 57
Friday, June 3, 1994-
: -
Members of City Council of Diamond Bar;
Quail Summit Associated Student Body is asking for
your support in the building of the Cameron M. Todd
Memorial Ball Wali. Cameron was one of our first graders
who was killed tragically in a gun accident in his home on
December 31, 1993. This project is very important to our
students and it will be a special way to remember Cameron
as he really enjoyed playing all kinds of sports.
We have had several projects such as a car wash and
yo-yo sales to raise money for the wall. Other donations
have come from Diamond Bar community groups, our school
Community Club, and from individual parents.
Student Council is hoping to complete the project by the
time school opens in September 1994. We can achieve this
with your support. Several members of our Associated
Student Body Council would like to come to share our project
with City Council during the consent calendar portion of your
June 21, 1994 meeting.
Sincerely,
9hWriNebl o
QSASB Member
Ashby Summm
QSASB Member
%affh%" Mrs. Klinda Burke
QSASB Member QSASB Advisor
TrsJDffAj&swon
QSASB Member
r:0 niaun
Princip
MINUTES OF THE CITY COUNCIL DRAFT
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 17, 1994
1. CALL TO ORDER: Mayor Werner called the meeting to
order at 7:10 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 Don Schad.
ROLL CALL: Mayor Pro Tem Harmony, Council
Members Ansari, and Papen. Mayor Werner and Council Member
Miller were excused.
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.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
2.1 Introduction of new D.B. Team Sergeant of the Walnut
Sheriff Department - Lt. Henson invited everyone to
attend the Walnut Station Open House on Saturday, June
11, 1994 from 10:00 a.m. to 3:00 p.m. He then introduced
new Team Sergeant Brian Smith.
3. PUBLIC COMMENTS: Richard Callard, 24105 Palomino Dr.,
expressed support for the Sister City Program and exchange of
cultural education and activities between D.B. and one or more
Sister Cities in other countries. He reviewed the goals of
the Sister Cities Program and explained that it is a
citizen -run organization. He invited all interested persons
to a formation meeting on a date to be announced at the next
City Council meeting.
Barbara Thompson, 665 Strongbow Dr., expressed concern that
the new addition to her house was approved by City inspectors,
though it currently does not meet City Code due to faulty
construction. She requested that the Council accept her claim
and not reject it as is recommended in item 6.4 of the Consent
Calendar.
MPT/Harmony stated that the City Attorney suggested that the
matter be referred to the District Attorney.
ICA/Montgomery stated that the matter was referred to the
District Attorney, with a copy being sent to Consumer Affairs,
but no response was yet received. Further, under the law, the
City and its inspectors are not liable, as was indicated by
Carl Warren & Co., the City's Risk Manager.
Don Schad commented on how well the traffic signals at Brea
Canyon and Pathfinder Roads are synchronized. He then asked
the Council to reconsider the Tree Ordinance.
MAY 17, 1994 PAGE 2
Barbara Beach-Courchesne expressed concern that C/Papen still
has not signed the Mission Statement, which indicates she does
not agree with the standards outlined. She stated that the
recall committee filed a challenge relative to the number of
qualified signatures needed to place the recall petition on
the ballot.
Red Calkins, 240 Eagle Nest Dr., announced that there will be
a meeting regarding the proposed City of Industry MRF on June
23, 1994, at 9:30 a.m. at 15651 E. Stafford St., in the
Council Chamber of the City of Industry. He stated that
anyone unable to attend the meeting can write a letter
opposing the MRF to the City of Industry, P.O. Box 336, to the
attention of the City Engineer.
Max Maxwell stated that the recall committee feels confident
that they obtained adequate signatures for the recall effort.
He suggested that Council Members Papen and Miller not vote on
major land use decisions that may be brought before the
Council until the issue is resolved. He requested that item
8.9 of the agenda be brought forward for consideration since
it had been continued for the last several months.
Steve Nice, Rising Star Dr., recommended that the Council not
take any action regarding the status of any and all City staff
positions, nor any and all projects requiring the removal of
map restrictions until the outcome of legal action regarding
the recall efforts is resolved.
4. COUNCIL COMMENTS: C/Papen invited Carl Rosen,
President, Chamber of Commerce, to announce the new cable
television program regarding the City of D.B.
Mr. Rosen stated that the new program called "Diamond Bar",
which features an overview of the City and City events, is
sponsored by the Chamber in conjunction with Jones Intercable,
and airs twice a month preceding the Council sessions at 6:30
p.m.
C/Papen stated that the City will begin a program of selling
transit passes for Metrolink, Foothill Transit and MTA buses
at City Hall, designed to comply with Federal and State Clean
Air laws and to improve congestion management in the City.
She suggested that anyone desiring more information regarding
the efforts to oppose the City of Industry's MRF should attend
the Citizens Committee meeting on May 18 at 7:00 p.m., in AQMD
Room CC -6. She then expressed concern that the following
items have not yet been placed on the agenda even though she
received concurrence from three other Council Members:
discussion regarding the $10,000 donation to the library for
materials and regarding the new Brown Act requirement for
Council subcommittees. She further stated it would be
appropriate for Mr. Schad, as a Planning Commissioner, to
request the Planning Commission to agendize the Tree Ordinance
for review and recommendation to the Council. She then stated
MAY 17, 1994 PAGE 3
that she did not and would not sign the Mission Statement
because it is nothing more than rules learned in kindergarten
and because those rules are not being enforced by the Council
equally. She pointed out that some comments made criticizing
certain Council Members are recorded in the Minutes, yet
similar comments directed to the Mayor are stricken.
C/Ansari stated that a list of addresses of local legislators
is available at City Hall for anyone wishing to express
support of Assemblyman Horcher's proposition to amend AB2969
to include opposition of the proposed City of Industry's MRF,
which would address the legitimate concern of citizens living
in the surrounding cities of the proposed City of Industry
MRF. She also stated that AB2815 is being considered by the
Ways and Means Committee on May 18, 1994, which requests that
a defendant of a crime be tested if there is any possibility
that blood, semen, saliva and any other body fluid capable of
transmitting HIV has been transferred from a defendant to a
victim, and that the victims be told the results of the test.
She reported that she had been invited to be a member of a
YWCA committee formed to stop racial injustice and promote
multicultural awareness. She stated that the Council's
Multi -Cultural Committee, designed to bring about cultural
awareness, human resources and a better understanding of each
other as citizens of the community meets the first Monday of
every month at 7:00 p.m., in the AQMD Building.
In response to C/Papen's concern that her requests for
agendized items have been disregarded, C/Ansari pointed out
that perhaps the reason one of the items is not on the agenda
is because there is not a full Council present. She stressed
the importance of respect for each other and the need to
communicate concerns appropriately.
MPT/Harmony brought forth the City of Industry's environmental
impact statement to illustrate the numerous documents prepared
by the City of Industry to support their MRF and to respond to
each concern made regarding their proposal. He stated that
the City hired a consulting firm to challenge them, but it is
absolutely necessary and required, on a political level, that
individual efforts opposing the MRF are received. He reported
that there was been a strong response to a flier faxed to the
community and many have signed up to participate in the com-
mittee opposing the MRF. He announced that Congressman Kim
would be a guest at Sidewalk City Hall to answer questions at
K -Mart from 11:00 a.m. to 3:00. He further stated that C/
Papen will be at Sidewalk City Hall on June 28, 1994 from
11:00 a.m. to 3:00 p.m. at the Lucky Store. He then displayed
the Economic Development Brochure on the overhead and explain-
ed that it is designed to promote the City's economic develop-
ment. He indicated that a citizen expressed concern at
Sidewalk City Hall regarding the increase in crime in one par-
ticular neighborhood and their desire to close off the area as
a private community. He requested staff to research the issue
to determine the feasibility of creating a private community.
MAY 17, 1994
PAGE 4
He requested staff to continue to assist the Montefino
Homeowners in perfecting their case in their lawsuit against
Presley Homes.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission - May 23, 1994 - 7:00 P.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 General Plan Advisory Committee - May 24, 1994, 7:00
p.m., Heritage Park Commun. Center, 2900 Brea Canyon Rd.
5.3 Parks & Recreation Commission - May 26, 1994 - 7:00 p.m.,
Heritage Park Commun. Center, 2900 Brea Canyon Rd.
5.4 MEMORIAL DAY HOLIDAY OBSERVANCE - MAY 30, 1994 - City
Hall closed.
5.5 City Council Public Hearing - May 31, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.6 City Council Meeting - June 7, 1994 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.7 MRF Committee - May 18, 1994 - 7:00 p.m., AQMD Room CC -6,
21865 E. Copley Dr.
5.8 Finance Committee - May 26, 1994 - 3:30 p.m., City Hall,
21660 E. Copley Dr.
5.9 Computer Advisory Committee - May 25, 1994, AQMD Bldg.,
21865 E. Copley Dr.
5.10 Multi -cultural Committee - June 6, 1994 - 7:00 p.m., AQMD
Bldg., 21865 E. Copley Dr.
6. CONSENT CALENDAR: C/Papen moved, C/Ansari seconded to
approve the Consent Calendar. With the following Roll Call
vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
6.1 APPROVED MINUTES:
6.1.1 Regular Meeting of April 19, 1994 - as
submitted.
6.1.2 Adjourned Regular Meeting of May 2, 1994 - as
Submitted.
6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES -
Regular meeting of February 24, 1994.
6.3 APPROVED VOUCHER REGISTER - Dated May 17, 1994.
6.4 REJECTED CLAIM FOR DAMAGES - Filed by Robert and Barbara
Thompson on April 28, 1994 - rejected the Claim and
referred the matter for further action to Carl Warren &
Co., the City's Risk Manager. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
MAY 17, 1994
7. PUBLIC HEARINGS:
PAGE 5
7.1 RESOLUTION NO. 94-21: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ADOPTING A NON -DISPOSAL
FACILITY ELEMENT (NDFE) AS REQUIRED BY ASSEMBLY BILL
3001 - Asst. to CM/Butzlaff reported that Public
Resources Code Section 41730 et seq. requires every
city and county to prepare and adopt a non -disposal
facility element (NDFE) for all new non -disposal
facilities and any expansions of existing facilities
needed to implement local source reduction and
recycling programs.
MPT/Harmony opened the Public Hearing.
Richard Callard inquired as to what is being proposed
for the NDFE.
Asst. to CM/Butzlaff explained that the statute merely
requires the City to identify those facilities to be
used now, or proposed in the future for implementing
the source reduction recycling element.
John Summers, 21864 Stone Pine, expressed concern that
unless the City is specific in the actions to be taken,
the State could force the City to do something that may
be undesirable to the Community.
Asst. to CM/Butzlaff explained that the resolution
merely identifies existing facilities available, and
planned facilities to be used in the future for its
source reduction recycling element.
CM/Belanger stated that the City proposes to use the
following locations: Red Star Fertilizer in Corona;
Puente Hills Materials Recovery Facility; Green Waste
Processing at Spadra Landfill; Recyc In. located at the
91 and 15 freeway; CST Materials Recovery and Transfers
Facility in Anaheim; C & R Waste Recovery in Stanton;
the Waste Transfer & Recycling Facility located at the
405 and Harbor fwys. in L.A.; the Bradley Recycling
Center in Sun Valley and the Chino Institute for Men
Western Waste Industry's Facility.
Max Maxwell, 3211 Bent Twig Ln, inquired if any of the
locations had been used before.
ACM/Butzlaff stated that several of the facilities are
currently being used by the City. He further stated
that the element is updated every five years and will
not have to be updated until the year 2000.
With no further testimony offered, MPT/Harmony closed
the Public Hearing.
MAY 17, 1994 PAGE 6
C/Papen inquired why some of the locations currently
being used are not included in the list, such as the
Redwood in Chino, the facility in Baldwin Park and the
Western Land Fill in Corona.
Asst. to CM/Butzlaff explained that the primary reason
those types of facilities were not included in the
Element is because of the definition of "non -
disposable," which would exclude intermediate
processing centers receiving only recyclable material.
C/Ansari moved, C/Papen seconded to adopt Resolution
No. 94-21 entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ADOPTING A NON -DISPOSAL
FACILITY ELEMENT (NDFE) AS REQUIRED BY ASSEMBLY BILL
3001. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
7.2 ORDINANCE NO. 5A (1991): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66
OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE
LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED,
PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF
DIAMOND BAR - AP/Searcy reported that the Planning
Commission reviewed the Sign Code and the interim
Ordinance and recommended the Ordinance be made a part of
the permanent Sign Code, amending it in order to permit
temporary signs and expedite the monument sign review
process. He then reviewed the recommended amendments as
outlined in the staff report.
C/Papen asked if the current provision in the Sign Code,
which allows businesses to display temporary signs for a
period of 60 days a year, allows that 60 -day period to
run consecutively, and if it would be the same for the
the 90 -day provision.
AP/Searcy stated that the applicant has the option of
displaying temporary signs either in increments or all at
one time with both the 60 -day and the 90 -day provisions,
and would include a maximum request for four permits a
year.
MPT/Harmony opened the Public Hearing.
Carl Rosen, President, Chamber of Commerce, expressed
support for the Sign Code, with the exception of item (h)
pertaining to the $100 deposit requirement, which he felt
was an additional burden on businesses and staff time.
He stated that, as indicated in the staff report,
enforcement of the temporary sign permits has not proven
MAY 17, 1994
PAGE 7
problematic, though it must be monitored constantly by
Code Enforcement.
CM/Belanger, in response to MPT/Harmony, explained that
the purpose of the $100 deposit is to provide an
incentive to the permittee to remove the sign in a timely
fashion within the permit period.
John Summers, 21864 Stone Pine, stated that since the
$100 deposit is refundable upon removal of the sign, the
business community should not object to the provision.
He pointed out that the problem with many communities is
temporary signs that are not removed.
With no further testimony, offered, MPT/Harmony closed the
Public Hearing.
CM/Belanger, in response to C/Papen, stated that if a
check is given for the $100 deposit, it would be cashed
to assure the funds are available; staff would then issue
a City check in that amount to the applicant when the
permit is terminated. He stated that a larger fee of
$125 could be required, as suggested by C/Papen,
refunding a portion of it upon termination of the permit.
C/Papen suggested either making the entire $125 a fee, so
there is no claim for a refund unless the applicant
complies with the terms, or lowering the deposit amount
to $50.
Council concurred to lower the amount to require a $50
deposit.
MPT/Harmony requested clarification regarding roof signs
and projecting signs.
AP/Searcy stated that the new provision would allow
inflatables that are connected to the roof, with a
maximum height of 75 feet above grade, as well as other
types of temporary signs placed on the roof for a short
period of time.
CM/Belanger stated that inflatables must conform to
building safety regulations in terms of how they are
anchored to the building. In response to MPT/Harmony's
concern, he stated that there are no limitations
regarding the maximum number of permits for inflatables
that can be issued at any given time. He stated that the
number of inf latables has not been a problem in the past,
though there could be a potential problem in the future.
In response to MPT/Harmony, AP/Searcy explained that
proposed freestanding monument signs would need to meet
the approved planned sign program requirements of the
shopping center, or be approved by staff based on its
MAY 17, 1994
PAGE 8
architectural conformity to the area and other such
requirements of the Sign Ordinance.
C/Ansari requested clarification regarding the limita-
tions of political signs.
ICA/Montgomery stated that maximum height limits on free-
standing signs must apply to all signs in the City, which
include political signs. He stated that political signs
are to be removed at the conclusion of the political
event.
CM/Belanger stated that signs on private property, other
than height limitations, are not governed by the Code in
terms of duration.
C/Papen moved to approve for first reading by title only
and waive full reading of Ordinance No. 5A(1991) as
amended.
ICA/Montgomery suggested that the Council may desire to
hold the matter over to the next meeting since there is
not a full Council and waiving full reading requires four
votes.
With consensus of Council, the matter was continued to
the next meeting.
7.3 (A) ORDINANCE NO. 02A(1990: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
ORDINANCE NO. 02(1990) ADOPTING REQUIREMENTS AND
STANDARDS RELATING TO THE COLLECTION, RECYCLING
TRANSPORTATION, AND DISPOSAL OF SOLID WASTE,
RECYCLABLE AND COMPOSTABLE MATERIALS
(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.
C/Papen, concerned that Ordinance No. 02A(1990) does not
contain redline or strikeouts indicating changes made,
suggested that the matter be held over to the next
meeting, following public testimony.
Asst. to CM/Butzlaff presented the staff report, high-
lighting the significant changes to Ordinance No. 02A
(1990) and Resolution No. 90-95B, which includes language
more reflective of the changes that have occurred in
solid waste management as a result of the California
Integrated Waste Management Act of 1989. He pointed out
that one of the proposed amendments empowers the City
Manager to determine which day of the week is best suited
for refuse collection services.
MAY 17, 1994 PAGE 9
C/Papen noted that Page 6, item 2, of the Resolution
indicates that hours of collection are 6:30 a.m. to 6:30
p.m. but hours of collection indicated on page 7 is 6:00
a.m. to 6:30 p.m. She suggested that the hours be made
consistent, and changed to 7:00 or 8:00 a.m. so residents
are not disturbed. Noting that permits expire the second
year after they are granted, as indicated on Page 11,
section 9, Term and Renewal, she stated that since
renewal would be December 1, 1995, the same year as a
Council election, the new Council should be given 90 days
after the election before the matter was placed on the
agenda. Referring to Page 19, she suggested that staff
require reports to be submitted on diskettes, along with
a hard copy, so that they can be analyzed and modified
easily.
Asst. to CM/Butzlaff stated, in response to C/Ansari,
that Western Waste notified residents that a 95 gal.
container would be provided for trash, as well as two 18
gal. recycling bins. He stated that residents may use
their own trash containers as long as they adhere to City
specifications.
ICA/Montgomery, clarifying his earlier advice, stated
that the law had changed and first reading can be waived
by unanimous vote of those present on the Council;
therefore the Council could approve item 7.2, Ordinance
No. 5A(1991) for first reading, by number and title only.
MPT/Harmony opened the Public Hearing.
Dr. Lawrence Rhodes, P.O. Box 2258, Walnut, suggested
that grass clippings be required to be composted. He
stated that the Ordinance does not specify how residents
are supposed to dispose of animal waste.
Asst. to CM/Butzlaff stated that special arrangements
have to be made through the waste companies to collect
animal waste, such as livestock manure.
Richard Callard, 24105 Palomino, stated that there needs
to be green waste separation.
Michael Hulse, Integrated Waste Management Coordinator,
stated that green waste separation is an important part
of the overall source reduction recycling program for the
City which is a voluntary program; however, there is an
inadequate market to handle all the material for the
disposition of green waste. He stated that they are in
the process of implementing a curbside collection program
for multifamily complexes. He then stated that, upon the
passage of the new permit system, a voluntary program
would be implemented for green waste, establishing a fair
and equitable price.
MAY 17, 1994 PAGE 10
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd.,
inquired as to who determines if waste haulers are
exercising due diligence in disposal of hazardous waste.
She stated that the City should continue to work toward
encouraging more haulers to compete. She further stated
that even though 6:30 a.m. is early for trash collection,
it is equally important to allow haulers enough time in
a day to collect trash.
Frank Dursa, 2533 Harmony Hill Dr., stated that he was
pleased it was clarified that residents can use their own
trash bins. He expressed support with early trash
collection on Mondays, since that is the day it has been
collected for years, as well as with having more than one
hauler in the community.
Al Simonian, Western Waste Industries, pointed out that,
prior to Incorporation, there was one single hauler in
the City until Western Waste offered a competitive price
introducing a totally new system. He stated that of
their 7,000 customers, only 30 have changed trash
collectors, indicating that the majority are pleased with
the service. He stated that Western Waste is a part of
the community, and has raised money for school equipment
and YMCA programs. He then stated that if the City
forces Western Waste to go back to a Monday schedule, it
will put them out of business in D.B., resulting in only
one hauler in the City and thus eliminating the
competition so desired by the community.
In response to MPT/Harmony, Mr. Simonian stated that they
cannot continue to put 13 trucks into the City on one day
because for the last five years they have been losing
money servicing D.B. He pointed out that if both Waste
Management and Western Waste were to pick up trash on the
same day, there would be 24 to 26 trucks on the street in
one day. He stated that they have made capital
investments for the future of waste management by
investing million of dollars on facilities to grind green
waste on a 20 -acre site, and by being in the process of
permitting an 80 -acre site for composting.
Mr. Summers stated that Western Waste's future
investments are not related to the current contract with
the City. He expressed support with having more than one
contractor in the City and questioned Western Waste's
ability to service the City.
Martha Bruske, 600 S. Great Bend Dr., suggested that the
Council work toward stopping scavengers from taking
recyclables. She expressed concern that the Council may
become more concerned for the profits made by the carrier
than for the citizens concerned over noise, aesthetics
and litter. She suggested that the City be sectioned so
that each area is covered during the same day.
MAY 17., 1994 PAGE 11
Max Maxwell pointed out that Western Waste must be making
some sort of profit in order to be able to make capital
investments. He expressed support of a Monday schedule
for all trash collection so trash bins are only left out
one day a week.
Dr. Rhodes suggested that any trash haulers contracting
with the City be required not to use the proposed City of
Industry MRF under any circumstances.
With no further testimony offered, MPT/Harmony closed the
Public Hearing.
C/Papen inquired if street sweepers, or any other such
company in the City, are regulated to operate only one
day of the week.
CM/Belanger stated that street sweepers operate five days
a week and that private businesses are not regulated in
the same manner as the waste haulers who utilize city
streets to do business on a contractual basis.
C/Papen suggested that it would be more beneficial if the
City were divided into zones, having the street sweepers
follow the next day, so that there are not two or three
trash trucks going up and down one street.
Council concurred to continue the matter to the next
meeting, directing staff to highlight changes made to
Ordinance No. 02A(1990).
RECESS: MPT/Harmony recessed the meeting at 9:20 p.m.
RECONVENE: MPT/HARMONY reconvened the meeting at 10:05 p.m.
8. OLD BUSINESS:
8.1 SELECTION OF CITY ATTORNEY - CM/Belanger reported that
eleven firms submitted proposals in response to the
City's solicitation for Attorney services. He stated
that each Council Member was provided with evaluation
forms, to be compiled after the forms are completed, and
will provide the information to the Council to assist
them in their selection process. The next phase will be
to set up an interview schedule of those firms desired by
the Council followed by a vote of those firms recommended
by Council.
C/Papen suggested that each Council Member inform staff
of the days they are available for the interviews. She
further stated that she was concerned about the late
hour, and suggested that since this is not an action
item, there is no need for public comments, particularly
in regard to the late hour when the Council still has
MAY 17, 1994 PAGE 12
more business to conduct. She suggested that if there is
to be public comment allowed, the individual should be
requested to direct his/her comments only to the issue at
hand.
Barbara Beach-Courchesne noted that one of the areas of
great concern in the past centered on the perception that
at times the City Attorney did not provide sound legal
advice, resulting in contentious and costly law -suits.
She suggested that, given that perception, citizen
representatives should be included in the interviews and
recommendations relative to selection of a new attorney.
She expressed opposition to replacement of ICA/Montgomery
since detailed examination of his performance indicates
that he has provided sound advice and has saved the City
millions of dollars in settled lawsuits.
Wilbur Smith, 21630 Fairwind Ln., suggested that the
eleven proposals should be public information since the
position and legal advice is of utmost importance to the
City and its citizens.
CM/Belanger stated that the selection of the City
Attorney can be a matter for Closed Session; however, the
names of the firms and the forms being used to rate the
proposals are not of a confidential nature at all and are
available to the public.
ICA/Montgomery stated that all of the data submitted by
the firms are matters of public record excluding each
Council Member's personal analysis and rating.
C/Papen questioned why there was not an interview process
at the time ICA/Montgomery was hired by the Council, nor
was there a proposal submitted to the entire Council.
ICA/Montgomery stated that the interview process is a
matter of policy. He also stated that he submitted a
letter to the Council, at the request of M/Werner,
stating the terms under which he would be willing to
serve as Interim City Attorney.
Max Maxwell expressed his opinion that ICA/Montgomery set
an improved standard for the City, and represented the
City well the last few months. He expressed support for
selecting ICA/Montgomery if he submitted a proposal.
Frank Dursa, 2533 Harmony Hill Dr., expressed support for
selecting ICA/Montgomery for City Attorney.
MPT/Harmony suggested that the matter be continued to the
next regularly -scheduled meeting to involve the entire
Council in the selection process. He expressed
concurrence with a suggestion made by an audience member
during Public Comments that there should not be any
MAY 17, 1994 PAGE 13
personnel changes until the legal issue of the recall
action is resolved.
C/Papen pointed out that eleven law firms have waited to
be interviewed and that the matter should not be
postponed any longer. She stated that all five elected
Council Members have equal rights, despite any legal
actions submitted by clients of the current City
Attorney, who may have to disqualify himself from dealing
with the issue. She pointed out that the Council is
merely making a decision on the dates to conduct
interviews. She inquired if the following dates are
convenient: May 27, 1994, May 31, 1994 and June 3, 1994.
ICA/Montgomery clarified that he was the personal
attorney for Mr. Gross in his business dealings and for
the Concerned Citizens; however, he never represented the
Recall Committee.
C/Ansari stated that the City already received a reply
from the State Bar Assn. and the FPPC indicating that Mr.
Montgomery has no conflict of interest.
MPT/Harmony stated that he is not available the three
dates indicated by C/Papen.
C/Papen left the meeting at 11:05 p.m.
8.2 SANITARY SEWERS IN "THE COUNTRY" - CM/Belanger reported
that staff prepared responses, questions, comments and
concerns raised at the April 19 meeting and recommended
that the Council authorize negotiation of a contract with
CPW Geosciences (CPWG) not to exceed $75,000, for profes-
sional services for further investigation, studies,
reports and recommendations. He reported that staff
received a letter from representatives of some of the
homeowners in the affected areas requesting Council to
defer any action for 90 days in order to allow several
critical tasks, specified in the letter, to be completed.
Les Brown, 2696 Shady Ridge, reported that 12 of the 17
lots identified in the Kleinfelder report had been
improved so septic systems are currently functional. He
stated that if the critical tasks discussed in the letter
are completed, the remaining lots should be improved to
a similarly operative condition, or at least identify
those tasks that should be done.
C/Ansari commended the residents for pursuing the issue
and exploring all channels before the City undertook the
project.
Fred Janz, 2683 Shady Ridge, stated that most people d
not have trouble with septic tanks and it would see
inappropriate to convert to sewer pumps. He stated the
MAY 17, 1994 PAGE 14
the City should wait to expend the $75,000 in an area
inaccessible to the majority of the community.
Kay Brown, 2696 Shady Ridge Ln., expressed opposition to
awarding a contract to CPWG since only one member of the
ad hoc committee of "The Country" was present during the
selection process and he was opposed to the choice made.
C/Papen pointed out that three people from "The Country"
were on the evaluation committee including Jim Gardner,
General Manager of the Homeowners' Assn.
Martha Bruske stated that Council is being negligent in
postponing the issue since soil saturated with fecal
material is a serious health concern that should be
closely monitored.
C/Papen inquired how an additional 90 days on this issue
would affect the RFP.
ICE/Wentz stated that the current bid on the RFP is for
a 60 -day period; however, there should be no problem
negotiating with the preferred consultant prior to the
60 -day period.
C/Papen moved, C/Ansari seconded to suspend further
action on the contract for 45 days, and giving "The
Country" Homeowners' Assn. a 90 -day period to accomplish
the specified tasks, requiring a written status report on
their progress in 45 days. With the following Roll Call
vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
8.3 RESOLUTION NO. 93-05A: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 93-0°
ESTABLISHING "NO RIGHT TURN, 4:00 P.M. - 7:00 P.M.,
MONDAY -FRIDAY, EXCEPT SCHOOL BUSES" SIGNS ON ROLLINI
KNOLL ROAD AND COUNTRY VIEW DRIVE AT GRAND AVENUE
Continued to June 7, 1994.
8.4 AWARD OF CONTRACT FOR CONSTRUCTION/MODIFICATION
HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS IN DIAMOND B:
- Continued to June 7, 1994.
8.5 RESOLUTION NO. 94-22: A RESOLUTION OF THE CITY COUNC
OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEEI
REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFOR
STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38;
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMI
FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DIST?
FOR FISCAL YEAR 1994-95; AND FIXING A TIME AND PLACE
MAY 17, 1994 PAGE 15
HEARING OF OBJECTIONS HEREON - CM/Belanger reported
that, pursuant to Council direction on March 15, 1994,
staff prepared the Engineer's Reports for District Nos.
38, 39 and 41 for FY 1994-95. He recommended that the
Council adopt the resolutions declaring the City's
intention to levy and collect assessments for the
districts and direct the City Clerk to advertise Public
Hearings at the Council meeting of June 7, 1994.
MPT/Harmony suggested that personnel services costs of
$37,500 be reduced to reflect an 8% administration level,
which is commensurate with higher figures the County used
when administering their assessment districts. He stated
that an assessment district is a specific charge for a
specific service, and including this high percentage for
administration in the assessment district is a way of
feeding money into the General Fund.
C/Papen pointed out that District No. 38 is the only
district currently under construction, and will be under
construction for many years, and lowering the fees delay
completing the beautification of the City. She stated
that the reason the other districts have a low
administrative fee is because there are only maintenance
costs. She then suggested that the public notice should
also include the dollar amount for next year's fee as
compared to last year's fee.
MPT/Harmony inquired which personnel services are
involved in administrative costs.
CM/Belanger stated that 20% of the Community Services
Director's salary, 20% of the Park Superintendent's
salary and 20% of the Park Maintenance person's salary
are calculated in the budget for personnel services.
Wilbur Smith, 21630 Fairwind Ln., concurred that it would
be beneficial to know the assessment amount for the
different districts, as well as anticipated projects for
each of the areas and the costs involved.
Richard Callard, 24105 Palomino, requested a more
thorough staff report to inform residents of the intent
of each district.
CM/Belanger stated that staff will prepare exhibits for
the Public Hearing which will outline the parcels located
within each district respectively, as well as indicate
which areas are being maintained by the district. He
emphasized that staff is not recommending increases in
any of the three districts' current rates, which are:
District No. 38 is recommended to remain at $15; District
No. 39 is recommended to remain at $73.50; and District
No. 41 is recommended to remain at $220.50. He stated
that there are no capitals projects proposed for District
MAY 17, 1994 PAGE 16
No. 41 or District No. 39; however, a capital project is
proposed for District No. 38, which is construction of
medians from Gona Ct. to the westerly city limits. He
then explained that the Engineer's Report is an indica-
tion of the number of parcels within the districts, the
amount of revenue to be generated given the assessment,
and a budget related to maintenance activities that would
occur in each of the districts respectively. He stated
that the Assessment Engineer will redo the budget to
reflect the 8% administrative cost, as suggested by MPT/
Harmony, if so desired by the Council.
C/Ansari requested that staff prepare the report on the
assessment districts to be ready for public review prior
to the Public Hearing.
C/Papen expressed her opinion that the Council not change
the Engineer's Report based upon an arbitrary figure of
8%, as was recommended by MPT/Harmony. She stated that
the City Engineer properly evaluated the amount of time
needed by staff to assure that the districts are properly
managed.
C/Papen moved, C/Ansari seconded to adopt Resolution No.
94-22, setting a Public Hearing for Landscape District
No. 38 on June 7, 1994; Resolution No. 94-23, setting a
Public Hearing for Landscape District No. 39 on June 7,
1994; and Resolution No. 94-24, setting a Public Hearing
for Landscape District No. 41 on June 7, 1994.
C/Ansari stated that she did not have enough information
at the time to consider changing the administrative costs
to 8% of the fee.
MPT/Harmony, concerned with C/Papen's impression that his
suggested change was arbitrary, explained that his
research two years ago showed that the County does not
charge 20% for administrative fees on the districts, but
rather that 8% is one of the higher figures charged by
the County. He stated that D.B. substantially increased
the fees upon incorporation, and is overtaxing its
residents. He pointed out that this is a good time for
the City to decrease taxes.
C/Ansari stated that she would second C/Papen's motion,
amending it to request staff to investigate the feasi-
bility of reducing the fee for personnel.
C/Papen moved, C/Ansari seconded to adopt Resolution No.
94-22 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED
PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN
MAY 17, 1994
PAGE 17
LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL
YEAR 1994-95 AND FIXING A TIME AND PLACE FOR HEARING OF
OBJECTIONS HEREON. With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
8.6 RESOLUTION NO. 94-23: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S
REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE WITH RESPECT THE CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39; AND
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT
FOR FISCAL YEAR 1994-95; AND FIXING A TIME AND PLACE FOR
HEARING OF OBJECTIONS HEREON - C/Papen moved, C/Ansari
seconded to adopt Resolution No. 94-23. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
8.7 RESOLUTION NO. 94-24: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT
FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN
LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL
YEAR 1994-95; AND FIXING A TIME AND PLACE FOR HEARING OF
OBJECTIONS HEREON - C/Papen moved, C/Ansari seconded to
adopt Resolution No. 94-24. With the following Roll Call
vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
8.8 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY
SERVICES - Continued to June 7, 1994.
8.9 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY
ATTORNEY - Continued to June 7, 1994.
8.10 DISCUSSION RE: GENERAL PLAN ADVISORY COMMITTEE PROGRESS
ON PREPARATION OF THE GENERAL PLAN; TIMETABLE FOR
COMPLETION OF THE GENERAL PLAN IN ORDER TO PLACE IT ON
THE NOVEMBER GENERAL ELECTION BALLOT - Continued to
June 7, 1994.
MAY 17, 1994 PAGE 18
9. NEW BUSINESS:
9.1 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES
OF COUNCIL MEMBERS - Continued to June 7, 1994.
10. ANNOUNCEMENTS: None.
11. CLOSED SESSION: None held.
12. ADJOURNMENT: Due to the lack of a quorum, the
meeting was adjourned at 11:05 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
C RECEIVED 06/17 12:31 1994 AT 909-B61-3117 PAGE
MONTGOMERY LAW OFFICE TEL:1-310-908-1854 Jun z�4,
MEMORANDUM
TO: CITY COUNCIL, CITY OFD D BAR
FROM: INTERIM CITY ATTORN
DATX: JUNE 17, 1994
RF.: VESTING MAP RIGUTS
You have asked for an opinion on vesting map rights, so that you
can have in mind various legal aspects of the process while you are
considering the several maps before you.
A vesting map is subject to the rules, regulations and ordinances on
the date that the application is doomed complete.' An application is
deemed complete if the City does not • give notice of deficiency within
30 days. R The granting of the application requires an existing
general plan", or OPR extension", so that there can be the required
finding that the ambdivis)on is in conformity with either the existing
general plan, or the proposed general plan, in the event of an OPR
letter. ri
If the application is subsequently amended, then it is no longer the
same application, and must look for those rights that exist at the time
the amended application is complete." This is why szomG devolopers
"parallel track" maps, preserving all rights in the first one, while
exploring alternatives with the second map. The City of Diamond Bar
has the following valid periods insofar as vested maps are coneerned,
presuming that the application for a vested tentative map, in
question, was deemed complete during one of the following periods:
1. The County General Plan, after incorporation, and during
the period of the initial OPR letter, which began on April 18, 1989,
expired on August 5, 1992.
2. The period of time from the adoption of the first General
Plan, July 14, 1992, until the referendum petitions were filed on
August 10, 1992.
3. The period of time between the socond adopted General
Plan, July 27, 1993, and the date the second date of referendum
petitions were filed, August 24, 1993.
A. The date the OPR letter was issued, January 31, 1994,
through the present.
' Government Code S66498.1(b)
Government Code $65943(a)
Resource Defense bund, 133 Cal. App.3d 800
Government Code 565361
Horn v. County of Ventura. 24 Cal. App.3d 6051 Harriman Co., 235
Cal. App.3d 388
" Santa Monica Pines, 35 Ca1.3d 858
INTEROFFICE MEMORANDUM
DATE:
June 16, 1994
TO:
Michael Montgomery, Interim City Attorney
'ln...
iPCt dxepy
FROM:
Robert Searcy, Associate Planne
_
SUBJECT:
Chronology of VTM 32400
i5
M
I have reviewed the chronology for the above tract map. Following is a brief overview:
* 1983, 288 (Revised to 255) Unit Senior Citizen multi -family condo project. Non -
vesting map application. Denied by the Board of Supervisors on 12/16/87. County
General Plan
* 1988, Vesting Map revised and submitted in response to the appeal of the
Supervisor's denial. The project was referred back to the Planning Commission as an
80 unit single family residential project. County General Plan
* 1991, Vesting Map revised and submitted to City of Diamond Bar for a 75 unit
subdivision, subject to Ord. No. 4 (1990) Hillside Management Ord., and submitted
while the City operated pursuant to CGC 65360.
* 8/92, Vesting Map revised by applicant and re -submitted to the City as a part of the
South Pointe Master Plan. The project design included 91 residential lots, 2
commercial lots on 5.92 acres, and 8 lettered lots on 8.23 acres. 1992 City of
Diamond Bar General Plan in effect when submitted but unclear on date project deemed
"complete".
* 4/94, Alternative No. 1, is a Revised Vesting Map for Tract 51407 and does not list
itself as Tract 32400. It was submitted as an alternative of the original South Pointe
Master Plan. There are 103 single family lots shown with no commercial development
and no lots proposed for development on Tract 32400. OPR Extension of Time and
subsequent conditions of approval in effect.
Please call if you have additional questions.
C:\LETTERS\TR32400. ICA
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8.
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND JOINT PUBLIC HEARING OF 1111*4*&r
THE CITY COUNCIL AND PLANNING COMMISSION
CITY OF DIAMOND BAR
MAY 9, 1994
CALL TO ORDER: M/Werner called the meeting to order
at 6:09 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 and Lynda
Burgess, City Clerk.
SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
Closed
PUBLIC COMMENTS: Closed
COUNCIL COMMENTS: Closed
SCHEDULE OF FUTURE EVENTS: Closed
CONSENT CALENDAR: Closed
PUBLIC HEARINGS: Closed
OLD BUSINESS:
8.1 SECOND READING OF ORDINANCE NO. 02(1994): AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
TITLE 22 OF THE LOS ANGELES CODE BY ADDING NEW CHAPTER
22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS -
CDD/DeStefano reported that the following changes had
been incorporated into the Ordinance per the request of
the Council during First Reading: the definition of
public nuisance on page 4; adding the phrase "view
obscuring" to define fencing as indicated on page 7 and
commercial vehicles regarding motor vehicle parking.
M/Werner stated that he received correspondence from Al
Rumpilla, as well as phone calls from a few residents,
expressing concern on the intent of the Ordinance in
regard to view -obscuring fences and trash cans in side
yards.
CDD/DeStefano stated that the intent of the provision in
the Ordinance was to conceal, or hide, the materials
stored in side yards so properties are kept in a neat,
clean, safe and sanitary manner.
MAY 9, 1994 PAGE 2
MPT/Harmony concurred that the issue regarding view
obscuring fences as it relates to trash cans needs
further discussion. He also expressed his opinion that
the Council needs to further consider the issue of
storage in front yards, particularly the driveway,
because the Ordinance, as written, allows boats to be
stored in the driveway, but not inoperable vehicles.
C/Papen referring to a letter written by MPT/Harmony in
which he mentions "blue laws," asked the definition of a
"blue law."
MPT/Harmony explained that "blue laws" refer to regula-
tions which specifically prohibit trivial type items such
as spitting on the sidewalk, chalk, finger nail polish,
etc. He stated that the provision requiring trash cans
to be stored behind a view obscuring fence is considered
a "blue law" in his opinion because it is an overregula-
tion and burdensome to the public. He noted that the
majority of the homes in the City utilize wrought iron
fencing for side yards. He further stated that in his
opinion the provision allowing only ten days for a car to
be incapacitated on a driveway is also an over- regula-
tion or a "blue law."
C/Papen pointed out that the Ordinance allows 30 days for
an inoperable vehicle to be stored on the driveway.
M/Werner reiterated his concern that the Ordinance, as
written, prohibits people from storing trash cans behind
a wrought iron fence because it is not view obscuring,
even if it is kept in a neat and orderly fashion.
ICA/Montgomery stated that the intent of "view
obscuring", which is difficult to define, was to block
the view of trash so it is not aesthetically offensive.
He pointed out that since it does not indicate "totally
view obscuring," there is some flexibility in enforcement
of the provision. He also pointed out that since gates
are not addressed in the Ordinance, a see-through gate is
not a violation.
CM/Belanger stated that the underlying intent of the
Ordinance is to encourage people residing on corner lots
abutting the street and interior lots, to keep their
property in a clean condition; however, if they do not
keep it in a clean condition, then they should obscure
its view from others. He stated that the Ordinance is
written to allow some discretion.
Bob Zirbes, President, D.B. Improvement Association
(DBIA), stated that the intent of the provision was to
move the debris out of the front yard and out of view,
and to encourage people to maintain their side yard in a
neat and clean manner. He suggested that perhaps the
MAY 9, 1994
PAGE 3
term "view obscuring" should be omitted.
M/Werner suggested that reference to "side yard" be
deleted from subsection (c) to deal with all side yards,
interior and those abutting a street, so it now reads, "A
side yard, or a side yard abutting a street, shall be
located behind a wall or fence, and if visible to the
public, shall be maintained in a clean and orderly
manner."
C/Papen pointed out that the map on page 19 clearly
distinguishes between side lot lines abutting a street
and those that are on the interior. She stated that the
Ordinance is addressing a view as seen driving down the
street, or walking down the sidewalk.
In response to M/Werner, CDD/DeStefano stated that the
Planning Commission intended the provision to include
both the interior and corner lots.
C/Ansari expressed concern that the Council is paying too
much attention to tiny details and should vote on the
motion made by C/Papen.
M/Werner and MPT/Harmony clarified that they voted "no"
not because they felt the Ordinance was not good, but
because they felt a few issues still remain that need to
be resolved.
C/Ansari indicated that she thought the motion to approve
the Ordinance included changes suggested by M/Werner.
ICA/Montgomery confirmed that the Council may amend an
approved Ordinance whenever they see fit.
MPT/Harmony indicated that he had other issues he would
like the Council to give further consideration.
C/Miller questioned why the Ordinance was voted on and
approved if so many unresolved issues remained.
M/Werner stated that the issues he was concerned with
were minimal. He then asked staff if it would be
appropriate to include reference in the Ordinance that a
Conditional Use Permit (CUP) is available through the
Zoning ordinance allowing property owners to store more
commercial vehicles than currently provided in the
Ordinance.
CM/Belanger stated that a variance is available for the
storage of more vehicles than the Ordinance provides, not
a CUP.
M/Werner felt that the applicant should be able to
proceed with an application for a CUP, which is a less
MAY 9, 1994 PAGE 4
adversarial approach than a variance, as a remedy for
those needing to store more than two commercial vehicles.
MPT/Harmony stated that he had a question regarding the
definition of commercial vehicles, as well as an inquiry
on how it will be enforced under the Ordinance.
The Council agreed to vote on the motion, realizing that
other issues remain unresolved but could be considered at
a future date.
C/Miller, concerned that the Ordinance was approved with
many unresolved issues, stated that he would hope there
is not a perception that the Ordinance was passed without
due consideration.
C/Papen moved, C/Ansari seconded to approve 2nd reading
by title only and adopt Ordinance No. 02(1994) entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING TITLE 22 OF THE LOS ANGELES CODE BY ADDING
NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE
STANDARDS. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Papen, Miller
NOES: COUNCIL MEMBERS - MFT/Harmony, M/Werner
ABSENT: COUNCIL MEMBERS - None
C/Ansari moved, M/Werner seconded to amend Section
22.54.110 to delete reference to "side yard" from sub-
section (a) and have subsection (c) deal with all side
yards, interior and those abutting a street, so it would
read, "An interior and side yard abutting a street shall
be located behind a wall or fence, and if visible to the
public, shall be maintained in a clean and orderly
manner." With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Miller, M/Werner
NOES: COUNCIL MEMBERS - Papen, MPT/Harmony
ABSENT: COUNCIL MEMBERS - None
8.2 ENGINEERING SERVICES CONTRACT FOR THE DEVELOPMENT AND
IMPLEMENTATION OF A PAVEMENT MANAGEMENT SYSTEM -
ACM/Usher reported that it was necessary to retain the
services of a qualified engineering firm to establish a
pavement management system (PMS) in accordance with the
requirements of Prop 111 for State Gas Tax Funds and the
criteria stipulated by Prop C Local Return Guidelines.
Of the four proposals received and evaluated, he
recommended award of a professional engineering service.
contract to Dwight French & Assoc., the second lowest but
most qualified proposer, in an amount not to exceec
$37,020, plus a contingency amount of $3,000, foi
establishment of the PMS.
MAY 9, 1994
PAGE 5
C/Miller pointed out that since responding to an RFP is
costly, it should only be put out to qualified firms, and
it seems that the firm most qualified with the lowest bid
should get the contract. He suggested that perhaps the
City needs to change its policy and develop an acceptable
bid list clearly outlining specifications so RFPs are
sent to only those who would qualify.
ACM/Usher pointed out that State law indicates that
dollar costs alone can not be the basis for making a
selection of a vendor relative to professional services
and that other aspects of responsiveness must be
considered.
C/Miller stated that he is not concerned with staff's
objectivity but rather with the possibility of sending
the wrong message if, repeatedly, the lowest responsible
bidder does not receive the contract. He suggested that
perhaps the City needs to revisit the specifications put
in an RFP.
ACM/Usher, in response to MPT/Harmony, explained that one
of the significant differences in the bid process is the
type of computer software needed. He stated that Dwight
French & Assoc. uses software currently being utilized by
the City, which makes a difference in cost effectiveness.
In response to M/Werner, ACM/Usher stated that staff
evaluated a combination of qualifications with
consideration given to costs.
Senior Engineer David Liu, in response to M/Werner,
stated that the $3,000 contingency is for the entire
budget, not just the contract, to cover costs not
foreseen by staff or by the consultant.
Martha Bruske, Great Bend Dr., expressed concern that
major problem on Diamond Bar Blvd. was not noticed b
Dwight French & Assoc.
C/Miller moved, MPT/Harmony seconded to award
professional engineering services contract to Dwigl
French & Assoc. in an amount not to exceed $37,020, pli
a contingency amount of $3,000. With the following Ro:
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MP
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.3 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBR
SERVICES - Continued to May 17, 1994.
8.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER C
MAY 9, 1994
PAGE 6
ATTORNEY - Continued to meeting of May 17, 1994.
C/Miller suggested that Council move forward with the RFP
for City Attorney Services.
CM/Belanger stated that staff is developing a matrix on
each of the proposals for the Council's review.
C/Papen suggested that the Council set a date to
interview candidates for Attorney prior to evaluation of
the Interim City Attorney.
M/Werner requested staff to place the item on the next
agenda and include options available regarding the
interview process as well as possible scheduling dates.
C/Ansari requested that staff prepare a matrix prior to
the interviews.
RECESS: M/Werner recessed the meeting at 7:15 p.m.
RECONVENE: M/Werner reconvened the meeting at 7:25 p.m. to
meet in joint session with the Planning Commission.
9. CONTINUED PUBLIC HEARING/CITY COUNCIL & PLANNING COMMISSION
ROLL CALL:
Council: Mayor Werner, Mayor Pro Tem Harmony,
Council Members Ansari and Papen.
Planning Commission: Chairman Meyer, Vice -Chairman Plunk,
Commissioners, Flamenbaum, Schad and
Fong.
C/Miller was absent due to a potential conflict of interest.
9.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND
OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP
32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE
PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND
CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO.
92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL
IMPACT REPORT NO. 92-1 - M/Werner announced that the
joint meeting was a study session of the Council and
Planning Commission and would not be 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 conduct a Public Hearing on
this matter at their regular meeting of May 23, 1994, and
the Council will conduct Public Hearings beginning May
31, 1994. He requested that the minutes of both study
sessions of May 3 and May 9, 1994 be incorporated into
the Public Hearing record as an information document on
MAY 9, 1994 PAGE 7
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: exclude
commercial and park development and move 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 asked if
an open space easement had 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 construction of the middle
school.
CM/Belanger stated that staff would provide a report
regarding the feasibility of Alternative Seven for the
City Council's consideration.
C/Flamenbaum inquired what standards are utilized in
determining the benefits of removing deed restrictions on
properties.
CM/Belanger stated that Government Code Section 51093
sets forth 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 not to an open space
easement but rather an open space dedication.
ICA/Montgomery explained that the subdivision maps
recorded for the property on Grand Ave. include open
space easements.
Christine McPeak, 21131 East Lariat Ct., Walnut, Vice
President, Board of Trustees, Walnut Valley Unified
School District (WVUSD), expressed support for immediate
construction of the South Pointe Middle School.
Carolyn Elfelt, President, South Pointe Community Club,
expressed support for immediate construction of the
Middle School, meeting the standards of the community.
Diane Singer, 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 the City cannot sustain
any more retail business.
MAY 9, 1994 PAGE 8
Max Maxwell, 3211 Bent Twig Ln., requested that his
statement be recorded in the Minutes verbatim. He
requested a copy of the title search showing the property
owner of the RnP property. He then requested the
following documents be made 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 9,
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 Ave. project is being presented at this time,
particularly when there are building restrictions. He
then referred to the following information which is of
public 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 property 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 regard to C/Miller should be
reflected in the record as "alleged" conflict of
interest.
Barbara Beach-Courchesne stated that in April 1994, RnP
applied for an application for development of a single
family residential development on lots 01 and #61.
CDD/DeStefano displayed the parcel map that will be the
subject of the Planning Commission's debate and
deliberation on May 23, 1994, which merges two lots on
Grand Ave. owned by RnP Development, Inc. and a slide
showing an aerial of the site.
Barbara Beach-Courchesne requested that her statement be
included verbatim for public record. (Her written
comments are attached hereto as Exhibit A.)
MAY 9, 1994 PAGE 9
RECESS: M/Werner recessed the meeting at 9:25 p.m.
RECONVENE: M/Werner reconvened the meeting at 9:47 p.m.
9.1 DEVELOPMENT AGREEMENTS NOS. 92-1 AND 2: CONTINUED - David
Capestro, 1652 S. Longview, expressed opposition to the
proposed development involving parcels Nos. 1 and 61 off
of Grand Ave.
Anne Flesher, 20647 Larkstone Dr., expressed support for
construction of the Middle School using Alternative No.
1, as well as mitigating the traffic problems on
Larkstone Dr., 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, 1652 Longview Dr., expressed opposition
to the proposed development involving parcels No. 1 and
61.
Michael Long, 1648 Longview Dr., stated that he bought
his property because he was told the property behind him
had building restrictions.
Thomas Cooper, 1662 Summitridge, expressed concern with
traffic circulation with the development of parcel No. 1
and 61 and its effect on the surrounding neighborhoods
and property values.
Harish Singh, 24343 Rimford P1., questioned the real
benefits of developing the 72 acres off of Grand Ave.
Gordon Guber, 24303 Rimford Pl., stated that the propert,
behind his home has building restrictions and should no
be developed.
James Hickey, 24320 Rimford P1., expressed opposition 1
the proposed plan.
Theresa Guber, 24303 Rimford P1., expressed opposition
removing building restrictions and allowing developme
in an area already impacted by traffic.
Haji Dayala, 24324 Knoll Ct., stated that the real est;
disclosure transfer statement indicates that lots No
1 and 61 are restricted open space. He expres
opposition to development of lots Nos. 1 and 61.
Joseph Shu, 1820 Derringer Ln., expressed oppositioi
the development.
Mike Abeyta, 1656 Longview Dr., expressed oppositic
the development off Grand; however, he stated that
MAY 9, 1994 PAGE 10
the pros and cons of the entire proposal should be
properly reviewed.
Steve Nice, Rising Star Dr., suggested that the issue
regarding map restrictions be placed on the ballot, along
with the General Plan, to determine if any restrictions
should be lifted or not.
Frank Dursa, 2533 Harmony Hill Dr., expressed opposition
to the proposals and any development because it would
destroy the City.
Rochelle Abeyta, 1656 Longview Dr., stated that the
issues of the South Pointe project and the development of
Parcel Nos. 1 and 61 should be considered separately.
There being no further testimony offered, M/Werner closed
the meeting and returned the matter to the 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.
10. ANNOUNCEMENTS: None given.
11. ADJOURNMENT: C/Flamenbaum moved, C/Schad seconded
and carried unanimously to adjourn the Planning Commission
meeting at 10:40 p.m.
With no further business to conduct, M/Werner adjourned the
City Council meeting at 10:40 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
ATTACHMENT TO CITY COUNCIL
MINUTES OF MAY 9, 1994
Submitted by Barbara Beach- Courchesne
I am requesting all my comments be read into the minutes/.records of this
meeting in order to have a future record in the event a Court hearing is
necessary.
Further, I am concerned that the majority of homeowners in the
Pathfinder Community Homeowners' Association (as well as the
homeowners near the Grand Avenue property) were just recently
provided written notice of this meeting and may not have been able to
appropriately prepare for this meeting. They also have been denied the
opportunity to hear the explanation of both City staff and developers
regarding this project. Our properties and the quality of our daily lives
will be significantly impacted by this proposed project. In addition, many
of these homeowners (especially from the Pathfinder Community
Association) have expressed significant interest in and opposition to this
project.
And finally, voluminous documentation has been produced in support of
this proposal. I am concerned whether all this information is available to
all residents potentially impacted by it. Having it available at City Hall
simply doesn't cut it. I have spent three entire days reviewing the
material and have yet to get through it all.
Section 15088 of State CEQA Guidelines states "A city, acting as lead
agency, is required to consider ALL public and agency comments. I have
taken a great deal of time and diligence to review the materials.
Therefore, I expect to be heard fully and with respect, by all Council
members and the public. I pledge to do the same.
* In the Agenda information prepared for the May 2, 1994 meeting (Pg.2)
the address listed for RNP is still Rhodelia in Claremont. Mr. Forrester has
publicly stated he is the owner and that he lives in Texas. The record
should so reflect that. Enough of subterfuge!
* The effort to "push" this project through at this time is, in my opinion, a
deliberate effort to circumvent the will of the people of Diamond Bar.
This project sought approval immediately after the July, 27, 1993
"adopted" General Plan. That plan has been successfully referendumed.
Ordinance 4 was attempted, but that did not legally cover the Project.
Now, an effort is to use the "authority:" given under the State letter from
the Governor's Office of Planning and Research. Let me quote from that
letter.
"Until approval of the Draft General Plan by the City Planning
Commission, the City may not approve discretionary land use projects (and
this project does meet the criteria) unless it makes written findings,
supported by substantial evidence in the record, that there is little or no
probability that the project will be detrimental to or interfere with the
future adopted General Plan, if the project is ultimately inconsistent with
that plan."
* The GPAC, even with the developers voting, has already recommended to
have the General Plan state that map/deed restrictions be honored and
enforced. So now, the developers are trying, based on Walnut Valley
Unified School District's "need", to push this project through before the new
General Plan can hinder them! And please, do not construe anything I say
to infer that I am in opposition to the construction of a permanent South
Pointe Middle School. The teachers and administrators of this district
provide State of the Art Education to our students and I want them to have
a State of the Art building. I will not, however, allow this to be used as a
ploy to destroy the quality of my life.
It is incumbent on each of you to weigh very carefully the ramifications of
your decisions regarding this project.
The second point on the Agenda information packet states (Pg. 3) " Time is
of the essence..." We know the school needs to be built. We know there is
urgency in getting the project started. Let the dirt be removed, build the
school and wait for the General Plan to debate the South Pointe Master
Plan (or better yet, reject it as an untenable solution for Diamond Bar).
Once again, I am convinced that the developers are frantically atempting to
push through a development they believe will not be approved under the
new General Plan. And by the way, WHY did anyone ever allow this school
:o be built in an area so remote and without proper access to firefighting
:quipment in the fust place? We keep hearing how unsafe it is. Well, it
was unsafe even in the planning stages, but somehow, that issue was not
addressed! What manipulation!
*(Pg.5) .."The proposed map is consistent with the design and development
standards contained in the Master Plan. Well, the Master Plan is not
consistent with the standards the people of Diamond Bar want for their
City.
*(Pg.5) Tract 51407 is listed as RPD etc. When did that happen? This land
has building restrictions on it so how can it be zoned "planned
development". More subterfuge??
*(Pg.5) Larkstone development, on land owned by WVUSD, has not been in
any previous discussion. The public needs more information on that new
item. Have the residents who live on Larkstone been informed of this new
development?
* The proposed map ... (Pg. 5) As I have stated many times previously the
citizens in the Pathfinder Community Association (and I believe other
developments as well,) were specifically and emphatically assured that
this land would never be developed. We were assured that the land
existed as a "density" transfer option AND because we would have such
beautiful scenery we were required to pay premiums for our lots. We
want that promise honored and we are prepared to use whatever legal
means are necessary to have it honored. And by the way, I understand
that Mr. Werner has stated that the City will be sued either way, by the
developers or the citizens, and is therefore supporting the developers.
Well, there is one big difference! The developers brought land they KNEW
AND ACCEPTED HAD BUILDING RESTRICTIONS ON IT. There was NO
GUARANTEE the restrictions would be lifted! Not unless secret deals were
made, and that is illegal. The homeowners, on the other hand, brought and
paid for property next to building restricted land. Which case do you think
a "reasonable" person is going to honor? I urge each of you to ponder your
response on this issue very, very carefully.
* The last paragraph on the information item (Pg. 5) goes far beyond the
South Pointe Master Plan. It is an effort to have the majority of land in
this City, presently with building restrictions, built up in a manner directly
challenged by 2 successful referendums and a Recall effort that I am
confident will soon be a reality. Have those individuals living in those
localities been apprised of your intent? Do they even know this is being
considered? Has documentation been provided to them of the extent of
the ramifications of this proposal? Are you planning MORE traffic
congestion on Grand Avenue or are you planning a road through the
Country to relieve that traffic, but NOT TELLING the people involved of the
impact on their quiet, serene neighborhoods? Either way, this will not sit
well with the people of Diamond Bar!
* The information refers to a "substantial reduction of environmental
impacts". You are not reducing, you are greatly increasing negative
environmental impacts. Even the "engineers" of the EIR have been forced,
after overwhelming evidence from almost every agency and person
responding to the EIR, to go on record as stating "loss of vegetation
constitutes a significant effect upon the environment". Interestingly, it still
has not included that in its "official" report, only in "responses to
comments".
* Finally, (Pg.8) the report states that this project allows for "provision of
significant community amenities." Over and over again you have heard of
the disruption of peoples lives, of opposition to this project (overwhelming
opposition), of the desire for the people of Diamond Bar to live in a Country
atmosphere, NOT an urbanized setting. I urge you to listen to the people of
Diamond Bar! Failure to do so will result in costly lawsuits and continued
contentious relationships between the people and their elected officials.
NOW, for the EIR!
I have reviewed the comments and responses to those comments. After
reading them and tabulating them I found only 4 in support of this project
and one of those 4 is Jan Dabney, one of the developers' "representatives".
Since most of this information is not available to the public, I feel
compelled to make public the more significant comments and the
responses. Very often, at these meetings, those of us who have spoken,
have been accused of being "rabble rousers" or "not in my back yarders".
Please be aware of how many of these comments are coming from agency
individuals who are authorities in their field (and don't live in Diamond
Bar)!
* Walnut Water expressed surprise at the vastness of the project and that
the water demands of such a project were not given more serious
consideration (they note they will have enough water). They indicate and I
quote "we anticipated more open space".
* LA County Regional Planning notes that a similar project was denied in
1987 (and that was even less extensive!) In addition their comment states
to
removal of 92% of the oaks and essential removal of the entire existing
wildlife is involved." This Department "has concerns re. the conclusion that
no significant impacts will occur with the mitigation proposed." Further,
the letter states (4-63) "emphasis should be placed on the restoration of a
natural ecosystem including oak woodlands. Yet, this is not a mitigation
measure in the document. To approve the project ...... a statement of
overriding consideration must be made, with evidence in the case history
clearly supporting this reasoning."
The letter finally focuses on drainage problems which may impact
residents on Fairlance Drive. and cautions this problem needs to be
disclosed. Has it been? Do people on this street even know about the
planned project?
*5-26 John Beke expresses concerns regarding the loss of the Oak trees and
speaks to the problems caused by traffic by-pass to avoid the Freeway (2.1
miles, with 3 traffic lights vs. 1 mile without). The response: People won't
by-pass! Well, I and many others have been by-passing the freeway from
Brea Canyon to Nogales, since Pathfinder was pushed through!
*5-28 Robert Goodell, Ca. Department of Transportation, points out a
"significant discrepancy between the EIR and the Notice of Preparation.
(135.6 acres vs. DEIR 171 acres). How many more discrepancies are left
undetected?
* 5-31 Carl Blum, Public Works, cites drainage problems, significant traffic
insufficiently addressed with mitigation and waste diversion issues, as well
as the impact on the quality of storm water than will result from
urbanization.
* 5-37 Eric Roth, Southern California Association of Government (SCAG)
stresses the need for a Transportation Demand Management Program and
states the EIR does NOT comply with SIP (State Implementation Plan). The
response: To the extent feasible, the problem has been mitigated --so, if it's
not feasible we just make the people live with it! And, I guess, forget that
we do not comply with State law (SIP).
* 5-41 Fred Worthley, California Department of Fish and Game,
"Coastal sage is considered a "critical resource--S2.1--very
threatened by California Natural Diversity Database (CNDDB). 32 sensitive
animal and 61 sensitive plant species are associated with sage scrub
communities." Yet, the EIR does not identify EVEN ONE SENSITIVE PLANT
OR ANIMAL SPECIES in the canyon --amazing!!. The letter goes on "The
Department disagrees that development of the site would not significantly
affect regional biological resources" (note the word REGIONAL -extending
beyond the boundaries of Diamond Bar).
The letter expresses concerns about walnut woodlands and wetlands. The
Department takes a positon of "no net loss." Whatever mitigation measures
were even considered in the EIR are missing in the ANNOTATED EIR. Is
this merely a clerical problem? By the way, in comparing the DEIR and the
ANNOTATED EIR, I could find no differences, except missing pages in the
ANNOTATED version.
The letter also states contradictory statements in the EIR, specifically
regarding the Oak trees removal. On one page it states mitigation will NOT
offset the potential biological effects and on the next page it says the exact
opposite. Which do we believe?
* 5-53 Kari Rigoni, County of Orange, Environmental Management.
indicates that a manual is not enough to measure air quality issues.
Instead, "computer modeling tools need to be used." Response: We used
the manual, which only addresses schools, hospitals and convalescent
homes. In other words, don't tell us what is the "right way" to do it and it's
OK to have the majority of Diamond Bar residents breathe polluted air!
*5-57 Richard Angorola, Rowland School District, states "a potentially
serious safety problem for the students in Rowland U.S.D.", regarding more
traffic on Morning Sun. I sincerely hope all of us are as concerned about
the students in Rowland as we are the students in Walnut.
* 5-57 Jeffrey Opdyke, U.S. Department of Interior, Fish and Wildlife,
states "(the EIR) inadequately addresses the significance of the
environmental impacts of this project."
* 5-62 Schad: This is a very lengthy comment and I will address only
those areas where responses appear truly absurd or significant.
letter cites concerns regarding the loss of trees, vegetation and
animal life. The response: "There will be an increase in sand/gravel and
these are natural resources". What an incredible response!!
letter cites "noise" concerns. Response: there will be short-term noise
impacts. Now this project is going to take 10 YEARS! Short-term?? I think
NOT!!
letter cites loss of aesthetic value. Response: "changing from a
natural condition to an urban landform does not constitute a significant
impact." Well 5,000 + citizens in Diamond Bar are on record that the
drafters of this EIR are WRONG! !!
Concerns re. traffic --Response "it's going to exist anyway". Traffic
may exist and even increase. However, 200 + homes and 30 acres of
comercial site will have a dramatic effect that Diamond Bar does not need.
Concerns re. increased crime. Placing residential homes directly
adjacent to commercial properties increases this potential, as visitors to the
commercial site often "visit" the residential neighborhood as well and
crimes are then sometimes committed. Diamond Bar has recently
dramatically been impacted by individuals "cruising the neighborhood".
Why is the City Council advocating conditions which will further put our
homes and families at unneeded potential risk?
5-82 States a statement of overriding consideration would be
required to approve a project with so many negative impacts. I have only
heard of 2 considerations. One is the construction of South Pointe Middle
School, which can be accomplished without the South Pointe Master Plan.
The second is MONEY. I contend that the cost to many Diamond Bar
residents far outweighs the benefits money will bring. More people, more
commercial and more "questionable job opportunities" will require
substantially more services that need to be seriously considered.
5-85 CEQA demands issues of an open corridor (relative to animal
migration) be proven, not assumed. Response: We assume it.
5-98 Aesthetics, relating to failure to include the impact on adjacent
development- -response:" Oops, we forgot to consider the adjacent
development."
5-99 Concerns regarding tearing down the hill and the dramatic
impact on the nearby residents --response: "Although project
implementation will result in the removal of existing vegetation, alter
existing topography, and change the visual perception of the site from that
of open space to an urbanized setting, no objective criteria has been
established by the City or other agencies to evaluate the significance of
these impacts." My response: then accept the subjective criteria of the
citizens whose quality of life you are so glibly playing with.
5-100 Wildlife "What will happen"? Response: "elimination of
natural vegetative cover and food sources may result in increased wildlife
mortality, be subjected to increased risk of predation due to lack of
inadequate cover and unfamiliarity with the surrounding habitat". My
response: Many of us in Diamond Bar believe that is too high a price to pay.
Additionally, what do you think Animal Rights Activists would do with
such a callous statement? You have pages of names of children in our City
opposing the destruction of wildlife. Perhaps the children are wiser than
the greedy adults.
5-101 What ecological and environmental benefits will this
development have to the citizens living directly adjacent to this
development" Response: "No ecological/ environmental benefits
have been identified." (Their words, not mine).
5-101 Concerns re. intrusion of commercial lighting --response: there
will be no intrusion. My response: either it will be dark, creating a
safety/security issue or the lighting will intrude. Do the people who are
directly affected get to choose? Will the City pay the citizens for the extra
private security needed to assure a sense of safety and security for
themselves, their children and their possessions?
5-101 concerns re. what type of commercial will be acceptable
(manufacturing, warehouses, waste disposal, etc.) Response: refers back to
signs, parking and lights. Does that mean they don't know or they don't
want us to know?
5-101 concerns re. loss of hills, trees, with replacement of roof tops
and air conditioning equipment --response: "transformation from open
space to urbanized area will be partially mitigated and will conform with
development characteristic of adjoining areas." My response: How can an
urbanized area that replaces natural resources with air conditioning
equipment conform to an existing adjoining open space area? How many
of you sitting there in front of me will choose to look at air conditioning
equipment instead of hills and beautiful trees? WE DID NOT NST FALL
OFF THE SYMBOLIC TURNIP TRUCK!
5-103 questions re. compensation to homeowners whose peace/
tranquility/ quality of life/ home values etc. will be negatively impacted if
this development is approved --response: "No nexus exists between the
impacts identified and the impacts referenced in the above comment." My
response: If you buy that, I have ocean front property in the Mojave
desert to sell you, AND you are in for a VERY rude awakening by the
citizens in this City who plan to use every legal means necessary to protect
their present quality of life!! A word to the wise is sufficient.
Our Interim City Attorney has indicated that an appraisal states that there
will be no negative impact on the properties adjoining the proposed
project. Who hired him? As an impacted homeowner I am ready to
challenge such an absurd appraisal. Anyone who thinks there is no
difference between looking at air conditioning units and looking at tree
tops DID just fall off the "turnip truck". I"m not sure what that means
relative to Mr. Schad, and I apopogize, Mr. Schad, if that causes difficulty
relative to your position on the Planning Commission, but this is too
important an issue not to challenge.
* Hodges 5-104 " The damage to nature and our quality of life cannot be
rationalized by the promise of neighborhood parks and the planting of new
Oak trees" Response: "We will forward your comments to project decision
makers."
"400 + jobs is misleading when you consider an estimated 60% of
commercial space in the City now lies vacant." Response: " Comment is
acknowledged and will be forwarded to project decision makers."
"suggesting a new road will alleviate traffic when anyone who lives
in the area knows that routing all new traffic onto Brea Canyon will only
make the congestion in the area much worse..." Response: "Comment is
acknowledged and will be forwarded to project decision makers." My
response: Since the EIR creators cannot respond to these important issues,
perhaps you project decision makers can!
*4170 "Morning Sun traffic will increase because of 200 more homes and
create a danger to children." Response: " It will increase, but is not
expected to exceed typical traffic volumes found on local residential
streets." My response: Diamond Bar doesn't want to be typical!
* 5-105 #171 Issue has been raised that developers have the right to
develop their property in order to make a profit-- "We feel that a
developer who purchases property in order to develop it is speculating
that he/she will be able to make a profit (especially when they buy it with
building restrictions on it --my added comments). Their desire to develop
said property does not give them the right to devalue our property,
disturb our quality of life, or put us in physical danger. We respectfully
submit to you that all of the above consideration are likely to occur if this
proposal is allowed to go through". My response: AMEN!
* 5-105 #172 "As recently as 5 years ago the County of Los Angeles
rejected a similar proposal at this site. We urge you to also look as
carefully as they did at the long range effects as opposed to the short-term
benefits of this project and to have the wisdom to realize that is is NOT the
best answer to Diamond Bar's future. My response: AMEN! !
* 5-106 Taylor: Concerns: excessive traffic, unsafe condition for children,
loss of rural hillsides and canyons, loss of natural lands, inadequate
absorption of rain (are you picking up a pattern yet --from experts as well
as residents?)
ORAL COMMENTS
* Sharon Bowler: traffic on Morning Sun; safety of children; flood hazard
zone and control of rainfall --Response: "Increase of traffic may equate to
increased hazards to pedestrians and other non -motorists utilizing Morning
Sun. The post development characteristics may be comparable to other
residential areas with similar characteristics and street sections." My
response: If this is not an open invitation to sue the City of Diamond Bar
for deliberately creating unsafe conditions for people, what is?! ! I recall
when I lived in another city and the neighbors requested a left turn signal
be put on the street, because of the safety hazard that existed at that
intersection. The City fathers, in their wisdom, informed us that there
would have to be one more death (there had already been 2) to justify the
expense. Hard as we tried we were not able to get any volunteers to be
the sacrificial victim! By the way, I had reason to be in that vicinity
several months ago and a left hand signal was working wonderfully! I
wonder how much that traffic signal TRULY cost the City and its citizens.
* 5-109 Anne Flescher: concerns about the 26000 truck loads that will
travel down Larkstone in the removal of the dirt from the South Pointe
Middle School site -(4.5 months)- "The Planning Commission needs to
relieve traffic on Larkstone to benefit the children and the residents of
existing property. Diamond Bar has been built by developers who have
used cut and fill land" My response: While I am happy to entertain a
different route ( and several alternatives have been suggested), at the
same time there are residents of existing property in other impacted
neighborhoods (Shaded Wood Road, Peaceful Hills Road and other streets
that will be affected for the rest of their lives by allowing this
development to go through, as opposed to 4.5 months!! By the way, I
believe cut or fill are the two alternatives for builders to use to build land,
unless you can find flat land, similar to the Mid -West, to build on.
* Gross 5-110 "consider trucking the dirt via Brea Canyon ( helps the
residents on Larkstone and creates jobs)"; Response: "not feasible, there
exists a direct vehicular access"-- in other words, we are doing it OUR way
and we're not interested in your suggestions!
* Nellie Reyes 5-113 "Many questions remain unanswered in this EIR".
response: "Comment is acknowledged and will be forwarded to project
decision makers," My response: When can we expect the questions to be
answered TRUTHFULLY AND IN A STRAIGHT FORWARD MANNER?
* Schad 5-114 concern about noise levels rising from 45 Db to 90Db, with
this development --Response: "receptors within 100 feet will receive
maximum noise levels of 85 Db" ( a smoke alarm level --my addition) By
the way, this is in direct contradiction to statements made elsewhere that
such increased noise levels would not occur. " If you keep you windows
closed you can reduce the Db to 60." Now this is just for 10 YEARS, people,
unless, of course, it's permanent. Just 10 YEARS or so of noise pollution to
line developers pockets!!!
* Phil Duarte 5-117 cites denial of similar project 5 years ago; reminds
you that the purpose of incorporation was local control, to CONTROL
GROWTH.; wants to preserve property values, maintain lifestyle, preserve
open space for ourselves and our children; refers you to an article: "A
RADICAL CHANGE IN THE ENVIRONMENT (11/22/87). This was the former
project submitted by Arciero & Sons.
*Joe Larutte 5-118 states he relocated his business from Brea Canyon
Road because of traffic congestion --a business man moving his business
because of traffic congestion (and you want to propose a 30 acre site in the
same place? ---my addition). He requests you consider the long term
effects on the City.
*Elaine Kim (a Real Estate Broker) asks for balance between homeowners
and developers. Concerns cited : density of proposed project; hill slippage,
preservation of trees. (a real estate broker recognizes the negative impact
on our property --my addition). Response: There are negative
environmental impacts, but some are unavoidable". My response: NOT SO!
You can reject this proposal and leave the land in its present state.
* Roy Marcosi 5-121 Concerns: Home devaluation, unmitigated traffic,
unmitigated poor air quality --NO BENEFIT TO EXISTING AREA My
response: I believe there is a Court decision that the deleterious effects of
a development on the nearby residents MUST be considered, EVEN IF
THAT MEANS LESS FINANCIAL BENEFIT TO THE CITY!
* Norman Beach -Courchesne 5-122 indicated some of this property has
not only building restrictions on it, but is also under the jurisdiction of
existing CCRs.
*Oscar Law 5-124 Concerns for destruction of plant and animal life.
* Boran Ahmed Requests the disadvantages of this project be weighed
against the advantages to determine actual benefit.
* Art Fritz 5-126 spoke in support of the project
* Jan Dabney 5-128 indicated that Forrester is dedicating 42% of
ownership to the City. "It is the best opportunity for the City" My
response: It doesn't matter who owns the destroyed land- it is still
destroyed! The citizens have a very different perspective about what is
best for this City.
* Judy Newman "how will the City settle traffic problems in
unincorporated areas" Response: "will work together with County to
mutually resolve traffic problems." My response: there is NO indication
that anything is, planned to resolve --simply a statement that it cannot be
mitigated. Ironically, we are constantly "blaming" Chino Hills for the
congestion on Grand Avenue, and now we are happily trying to do the
same thing to the unincorporated areas of LA County that are adjacent to
us!
* Swany Fong
5-130 points out
$ for parks will be needed vs. a canyon
that takes care
of itself.
She also
points out 900 students are served in
portable classrooms vs.
1124 that
will be housed in permanent structures.
(Destroying 171
acres is
a very
heavy price to pay for an additional 224
children (my addition)).
Please
do not misunderstand me! I fully support
the construction
of South
Pointe
Middle School. I do not believe it should
be built at any
price!
* Oscar Law 5-133 concerns: air quality caused by dirt removal of dirt.
Response: "minor variations may occur in wind patterns, won't affect air
quality or expose residents to higher air pollutants; loss of existing
groundcover will introduce particulate matter into the local environment."
My response: These two statements are contradictory to each other.
Additionally, my understanding of Valley Fever is that often it is the
result of ancient leaf collections, specifically Oak, that has remained on the
ground for long periods of time and is then disturbed. Valley Fever is a
permanent disabling condition for which there is no known cure at this
time. In fact, it could be fatal.
* Oscar Law #197 Points out that trees clean the air and that we are in for
400 years of poorer air quality in Diamond Bar, if all the tress are
destroyed. (And planting newer, younger trees does not compensate for
this loss --my addition). What a frightening thought, when we are already
facing significant levels of polluted air in our City. He also addresses noise
problems. Response: "May exceed local noise standards" --once again, a
contradiction to earlier statements." Some famous person indicated that
one need not fear a faulty memory, if one told the truth --advice that may
well be taken seriously during these meetings!
* Paul Bramonte 5-135 concerned about increased congestion --"Why more
houses when there are many vacant houses?" My response: WHY?
Michael and Susan Collins 5-146 Concerns: traffic, safety, stability of
hillsides, noise and dirt pollution, graffiti, devastation of plant and animal
life, increased crime, loss of habitat forever; "Come out to our
neighborhoods, walk our canyons, and drive our streets. Put yourself in
our place and HONESTLY ask yourself if you would approve this
development if this were YOUR home. The negative aspects of this
mammoth project far outweigh the positive ones." AMEN!
* Norman Beach-Courchesne 5-150 concerned about the burrowing owl.
Response: "not endangered, but a species of special concern" and none are
here" --My response: What owls are here? One hoots almost every
morning at about 2 A.M. and is answered by another distant one from afar
off. And yes, it's pleasant to be in a wilderness area that provides that type
of connection to nature. It sure beats the sound of bullets!
* "Project induced impacts upon property valuation is outside the scope of
CEQA." My response: they well better be in the scope and consideration of
this City Council!
* Oliva concerned about the possibility of an amphitheater. Response:: "It's
a potential improvement, but we don't have enough plans yet, (to discuss --
my addition) My response: So can anything go in under a "potential
improvement" -and who decides it's an improvement --an improvement
over peace and quiet --I think not!
* 5-17 Volume II "Courts look for adequacy, completeness, and a good
faith effort." I conclude that from the many statements from both
professionals and residents (who also may well be professionals) that the
record clearly shows major flaws in adequacy, and completeness and
maybe even in their good faith effort.
If this needs to go to Court (and I hope it doesn't) we will be asking for
depositions from each past and present Council person who has been
involved in this project from its inception as well as from Planning
Commission members, individuals from the Walnut Valley Unified School
District, Jan Dabney, Mr. Rumsey, Dwight Forrester, Frank Arciero, Mr.
Patel, Mr. Perosi, and individuals from Brock builders. Perhaps that may
be the only way to even begin to get at the truth regarding this project.
Once again, I sincerely hope and pray that this project will be rejected on
the basis that its disadvantages far outweigh the benefits. However, let
there be no doubt that those residents who are affected by this proposal
are fully prepared to defend their present life style and to have former
promises honored.
Thank you again for listening. Have a pleasant evening.
I N T E R O F F I C E M E M O R A N D U M
TO: Mayor Pro Tea Harmany and Council Member Ansari
FROM: Linda G. Magnuson ccounting Manager
SUBJECT: Voucher Register, Jun• 21, 1994
DATE: June 15, 1994
Attached is the Voucher Register dated June 21, 1994. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
its entry on the Consent Calender.
The checks will be produced after any recommendations, and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated June 21, 1994 has been
audited approved and is recommended for payment. Payments are
hereby allowed from the following funds in these amounts:
FUND NO. FUND DESCRIPTION
AMOUNT
001
General Fund
$440,987.22
112
Proposition A Transit Fund
4,088.00
115
Integrated Waste Mgt Fund
5,490.00
118
Air Quality Fund
409.28
125
CDBG Fund
170.07
138
LLAD 138 Fund
28,726.04
139
LLAD #39 Fund
800.00
141
LLAD #41 Fund
4,164.56
225
Grand Ave Const Fund
4,014.00
227
Traffic Mitigation Fund
36,114.12
250
CIP Fund
30,429.31
510
Self Insurance Fund
301.185.00
TOTAL ALL FUNDS
$8560577.60
APPROVED BY:
Lin�Magnu o
Accounting Manag r
I/ j
6
/`
lt � ( ,
Terrence L. Belanger
City Managske
Clair W. Harmony
Mayor Pro Tem
'J
Eileen R. Ansari
Council Member
t y :) F -- " a .11 � -1 1 -, z
R�34 TIME: 12:15 06/15/94 V 0 L C H E F R E,: ' S T Z
DUE THRU ................
vENWR NAME D. PREPAID
ACCOUNT PRDJ.TX-M WADHIEW/W. ENTRY/DUE TNI; 10E '1C2:FjP7jDN AMOUNT DATE ;,HE'
----------------------------
7--:V -----------------------------------------------------------------------------------------------
ARA Services
APASwvice
-4010-2525 L 406214 Jl.4
4030-L �T I 40621A x/14 Oc, 21 -Duppl,z--m Lt.er :-,cs
--`meet c. ARA
3
2 40621A
.+T
AT&T
40vi)-1115 3 40621A
—,-1-4090-2125 4 40621A
'c: -,rate Landscape Accurate
4 40621F 01/1758
a:rnuch Cellular Airtouch
2 2
—1-40,31-2125 1 40621A
--ierican Red Cross AmerRedCr
-245
8 406210
1 4062
Arear' f.
6 4062IG
406216
t,�j 7
4 1
(16/114 06/21 K501
"6/14 0kL-11*21
66/414 06/21
06/14 06 1 --•' . �- - - -
0kjj4
06,,14 k -/'-I
,P --ma, r.217jlar Svcs
TOTAL :Jf '.'ENDOR ---------
Luncheor, 'Itg-Mayor
TOTAL r7:-REFAID AM004", ----?
—E 'VEN-GR --------
L
7'--T-L -HE 1!7 -OR --------
Ccn; P-,Izal
Carlow
TP-TAL A'MOL',NT ----
-r:Tk VENDOR ---------
IS.,W 0601/94 fji
1
1.00 06/{,1194
10.()0 0641/94 00000215'Q
lleet,ng S-oollss
OR --------
Suc- )ENV,
'IR, L2r,:: D1i'3rCe Phrl Svc
L.-.i,g I, i zltr- tinSvc -B I a g&Saf t y
TOTAL I[LE 1EN-11GR --------
gra^. 24ve Lanlscape Svcs
24,765.00
---TAL :,UE VENDOR --------
24,768.00
,P --ma, r.217jlar Svcs
TOTAL :Jf '.'ENDOR ---------
Luncheor, 'Itg-Mayor
TOTAL r7:-REFAID AM004", ----?
—E 'VEN-GR --------
L
7'--T-L -HE 1!7 -OR --------
Ccn; P-,Izal
Carlow
TP-TAL A'MOL',NT ----
-r:Tk VENDOR ---------
IS.,W 0601/94 fji
1
1.00 06/{,1194
10.()0 0641/94 00000215'Q
?UN TIME: :.:15 06/15
4
+
_ J _
H, 2 R =
3 : _ - E n
=='•c
Ct'E
'HPI:....
1 .:. '�'4
.'ENDOR NAME
VENDOR I Cj.
"REF 4 i D
ACCOUNT PR3J.TK-N0
---------------------1--------------------------------------------------------------------------------------------------------------
BATpi Pff.LTNE/NO.
ENTRY%DUE
1NVVOiCE
0E:_CPTI"ICN
AMOUNT DATA it=_
.-•': -?:i`_
4i;_2:A
_ 574
��:
F° =w -a5 annua:Me*+berDues
TOTAL DUE VENDOR --------
_0
:,C"amber.ain CCnEL1t1r'q
BE.hamber
1
4Vi
F,,,t'. TIME: 1-2:1`06/15/94
:'0UCHEP
RL..:
C
DUE THRU.............)4
-.,-'a
VENDOR NAME
IIElw ID.
PREFAID . +�
ACCOUNT PPOJ.TX-NO
BATCH P IE/NO.
ENTRY,DUE
T.N!%C:-E
ESCRICT:-,°+
AMOUNT DATE _,+EC!.
-----------------------------------
AV------------------------------------------
- ---------------------------------------------------
arias �+uGott A:c
Inc ChariesAbb
¢•..1 451:,-`_5t,;
4' -1F
a :4
..--- ,j :.:=4
�18
i4
r �i
March SEwE, a.a� :.st
:,
4 1B
._:
j...
C'���, -!a^ CFi1-�A .'V.5-�'^
-
i4
.vj�
_._rrY '_ed: _=3-fA8r--
)EN =R --------,
'-,7.71.0t
5501)
1 40621B
):6./14
06;21
cW,/1
Feb Prof SJcs-SG:dWste
1'" .00
*115 4`15-55exi
V1621B
06/14
06/--1
04470;
ar pf 7-_s-SoIdWSte
:65. )i0
14TAL DUE VDiDOR--------?
5,45-0.00
=_'wumity Disposal CO.
COMNSp0S1
160!-4555-5501
1 40621B 04/1776
06!14
06%21
May Street Sweeo Svcs
10,542.6^
TOTAL DUE VENDOR --------}
10,542.63
Community Industries
Commindust
*001-4555-5503
3 40621B
06/14
0,612-1
Ma/ 94 Litter Abatement
839.44
TOTAL CLE VENDOR --------3
839.44
Lomputer City
r-ompCity
*118-4098-6230
2 40621B 01;1864
06114
06/21
063826
M5 -Word 6.0 Uogrde
409.28
TOTAL DUE VENDOR --------?
40?. -18
,:p. Anne
54
r,
-;..,,_
5 40621A
0.{;!4
+16/21
Rerroat)or °ef;rll
55.00
T^TSL DUE='c`l'_DR--------N
75,00
":_sae'_
Cril
40621B
46114
06!-'l:-__.
_vz ces,0nae boxes
40.00
r -_AL ,_.'
"DUE t�Yl�ll
..
'411.:::)
..k,�
.
-�_•nn_1+:1^4r;62+,B
06/14
:+6!21
�4S- if+6
F1anF.'e',;?ewSYc5-FFL 43-1�
90.00
4UQ1Bt)b114
06121
'�4S 0.
clan Review Svcs
'ap.rn)
TOTAL 2 E VENTOR--------!
247.50
} 4 # tri 1 t y 7 f t . _ -n : - - - - � - 4 .
RUN TIME: 12:15 06/15/94 VOUCHER , E C : 3 7 [ F = SE 4
DUE THRU............... �.
E,110R NAME yew id. c ..
HUCGUNT PROJ.TX-NO /N0. ENTRY,�DLE ;h;',_:,E :F'___t aM`UNT :.AT- _-
.,y_ayuick Dataquick
'GI -4:11+-::130 1 40621B =c -l4 0''21 ':. +'_; _'. 3yr
_, "yc
_gay .. 'dight Copy Center Day&Night
A:u: 4110-21.,, 1 4U621B 01/1865 :c, 114 C;_,/_.
11 -4210 -LI ri 2 40o21C 02/1365 08ii4 .vo,14 C44:
LL ++#tg Pazsctz;
%opy Secs-1CDiF'C Mtg -,'i 532.5a
TOTAL -
SLE V P.�•UF;--------t 87-0,_3
:1awnc Bar Petty Cash PettyCash
4062113 J5,:4 :6,:11 Recreatla,-, Refunds 5.0+) 06/01/94 000 ::15_:
=478 20 4062113 06i14 06/21 Pecreation Refunds 1.5.40 06/01/94 00000211 w.
-R0-2325 7 40621G 06,14 W, 5urr'.1es - CMgr .37..31 06/01/94 00/ri-0-
,001-4030-2135 1 40621G 06/14 06,'21 Parking re:nb - CMgr 31.29 06/01/94 00000:1582
¢::1-4040-2340 1 406210 `?6:'114 ._f:l Mtg - C:t, Clerk 4.39 06/01/94 000X2;5:
4:)01-4090-12006 406216 D6/14 06/21 Supplies uen Govt 7.13 06/01/94 00000:1`6:
.1-4090-2325 4 44621G 06/14 Gr./2'1 Mtg - City Mgr/Staff 54.9: 06/01/94 Wl
*•j01-3095-2353 2 40621G ib!"14 08/21 Supplies - Anniveraary S4.4? tib/01/94 0000621'62
:..-4210-4220 8 4062113 0�ii4 03;:1 Slpplies - GF'aC 44.56 06101,/94
Y?01-4.13-2210 111 406:113 C6/14 nF;2+, Mairt Supplies - Heritage 2.15 06/01/4 000nn21__
o -:G.-4• `.1+-5^05 '_: 4462113 0e; 14 '16/'21 SuPaltas C.-noncert . Park 16.44 06,101/94
.-1-4510-2525 1 406213 D6/14 061:1 'tg - G,.b1ic Wks 15.00 06/01/94 JOC_":;°._
T"TAL PREFAID AMOUNT ----) 488.9
'OT,AL DUE VENDOR --------7 0.00
�..� .c 'Bar Petty Cash FettyCash
41:0-1200 1 406210 06;14 +jhi21 3u� iies -City Mgr 3.:4 06/01194 'j1:0:+:::5..:
-12 0 5 4j62IG /14 +6/21 -Govt Cwt 34."sl 'j6' 1 Q4 "''---.i
"YJ ( 06 f ,r,n',p;
-413 '.1-'2210 4 406210 06/14 06/21 1.a:.- t-1 :'Chen 5.37 06/:71/94 00C'j.::.=-i
-_325 3 4062113 46/14 06/21 3t.,a'::es Ce{eral 3avt :?,59 1;6/01/4 000'
4,;'5-2353 1 406216 06/14 06;21=v;.711es - AP71yersary 13.52 06/01/?4 000 021-
..235
21-...335 1 406219 w 06/14 06,`:11 ieet:-g-.ann:ng 6.60 06/01/94 00600:.._.
3`10-1200 2 4012 06/14 06/21 ;1,NN1:es FubliC Wks :..0 .5,'1`11°4
_ - =lAi� AMOUNT --- .43
0.00
:w_,r.t Fre^Ch t Assoc. OwightFren
'-4511,-6412 06194 1 40621E 01/1332'A 06/14 06/21 101)16:;3 Frof3ycs-GidnSPr/Grd 1Q.13
_ -4`iC-=411 06S14240621E 01/1457A 1+6/:4 :::5;21 :�01b:9 Fra+Svcs-"urdAve Rehan Prt %14.00
-4516-6411 06394 4 40621E 01/1860 06/14 06.121 1001K4 FrcfS,c5-DrdAyenehabFrj ;00.00
t10,':ie;.•yC s -1106. '0 �,14 ,:i N -..':-4f38-6410 068Q4 2 4062.E O1/16
-_-�L EL'= ------- F, 3:3?.63
RUK TIME: 12:1506/15"94
VOtjCHE
0
7°`E
RAGc -
VENCOR NAM
VENDOR ID.
4 PRE°AID * a
ACCOUNT RRtiJ.TX-NO BATCH PO.LIIE/NO.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY,^''E
%10,iEE
E"-."FIgIMN
AMOUNT DATE CNE; -i
Eastman
1200
= 'a -!B 5A'
:;'4
']h'14
n1 4u='_4J
:..=Jiff== ':"PS
i:'.5'
4r:'r-i"06
4f IL 2 1. 5 _ /i -a1
:;14
X6::4
i,l--4'.- -
-Upp1:es''='iur
13, 1.7
;
1 49621B=0r:'^1
11._.1.4
N6/14
01i4,
3ura:Ie3 _
116.50
.__.Q 41'.711
:4
._ :4
.._40')
:l,ppl:es-Cirarle1
A'
_ 1'41 ''J-i2n�j
4'!_.�1B ��,17
.�l 14-=-5n
_cit
437.85
0
4!;c`1q _ 17'
.'14 :14
._.'14
:+154 _:
�'_",_ _
1:2 ry
�� o s ' 1
254.'7
1 421~-1 00
4,,!- 1E q-riJTl
:�F-'14
+,r"14
0 12 11 35a
3,pplies
-0.'^-
11; 1,,_1 :()(141_
1B 4,,17 7 1
:., 14
'6, 14
_1Cd 841'
SuGplie= = 1445
57.'1
4:i6::A
u6 i4
=ef;nj
110 010
-c�o53to, Lou
Esoos:t.oL
-4`.-41:C
5 u :2i
:_,:4
:C1
+ Mta s
40.510
ICTAL WE ','ENDOR--------}
40.00
-ya Federal Credit
)nim Jtu
S
14
0'6;2.
1,625.30 04/1)'1/94
10TtiL :REF'41C AMOUNT ----)
1,61..00
TO'-'- "_'E ;EN:,'OR-------- }
0.00
=t . _srstate
Banff; Fir=t;rntar
06/i4
06/Cj
41.20
1 411,62lic
:6, 14
:L,/21
MI:::'d, _ -s
_.00
_. :,terst_te
BanY Firer
1 40621C
06/14
+)t,cl
5 406210
06/14
06/21
tv aLa , TA _, ,-4
33.8$
2 406210
��6/14
Viµ'/c:i.
_.. :_ .., _�
3.2=
=:rst Interstate
Bank Firs+Lntar
1-40,30-2200
1 40621C
06,14
0 -'I
=^it:a "3ir,.-CMgr
5.95
:•;i,1 -40:0-2x10
1 4! 61G
06/:4
<<6/ 1
= ?i 'yr
25.74
1-40,30-2.°,110
2 4062iC
)6,14
Uo/"�1
rue:- y
20.41
: 40t:iC
iib/114
.:,moi
'tg UL+e :.nte,'CMgr
42.61
=..•,I-400-2:3'25
. 4062iC
X6,14
+6/_:
M_,; dt
40.30-:J
_ 11'1'J�i-
Go, :4
_ -•i
._,_
__ - --- - -
Lvo __ "fir
-115
144.:.
4G
11,:-,,'4
-1
1n'-:7igr
_:.65
-.N TIME: ._ ._ :6,
'4
N114
VENDOR ID.
x =�E=�
_COUNT F'RCJ.TX-N0 BATCH P01DEM0.
---------------------------------- .w-------
ENTR-
_-_ :k':'_:=E
--------------------------------------------------------------------------------
T==_h:=-Tn,
arCt'NT
2- ?.
=.r=_t interstate Park
Firstlnter
`-
4i'_:.0
'14
TC'7.L CUE .'E;' --------?
6c=.4a
__ ,ter=rata _-,
=irstI,ter
,14
T
4'6,'14
Mtg-narmwny .
}
;Vz_ s» i
... .�i
'-,UE V -
_
":-s+ Interstate Banl
[:irst:rter
1 r :=
�r_ ,..
_
06J'0.Jj,4
=ua�1125 ' ZCnE:;harmom.
.>1
:6iQi94 ')G+?ir:.i�c_
Mqr
14i"6,1—
_ _i": ^-.C4iA Rrri veposit
.nl
;-,;
`.TAL PREPAID AMO:NT ----}
�. .;
TG'aL ^uE 'VEN OR--------;
-1=7:ertaL:M, 'Bruce
Fiamentaun
-?IE
06/14
061'21 1
_=
n,3 Coir. y_gs-," ,
00.
100
TC7k '!-!F- 'VENDOR--------%
1CO. Dlcl
=:e?t gall
FleetCall
5 40621C :fix
06/14
0c'/.:
M3. _-Way Fadio Svcs
158.0`
TOTAL CUE 'JENDOR--------1
158.55
FonqF
:1 4061E
itr,,,`14
06'/C1
Ing Oomm Mtgs 5/C,v,
10.00
TOTAL �nL'E Y'ENDOR--------;
IRMO
to :I Tr an_.*
F';othlllTr
b 4i16i1i:
_x,_'14
r)6;'il
Trar.sI~_ —bsCy 'r'rgrm-June
5''6.00
TOTAL I E 'VENDOR--------;
5=6.00
—N. T TME:
- ...............
�.
;Ev.OR NAME
VENDOR :n.
, -E1 a.L
:OUN? PC^
------- -----------------------------------
,Tk iJ0 °ATCH PD.LINE;'NC,"=-
------------------
-----------------------------------------------------------------------
7B
_ - _ -..
,_•_
= t-
.'L
7+ - _=-yrr, l iha�+ ._
-:i;r;,•trl
�;'G„'a4 aritin)_,cz,
t
21G
.-•
.'9 21,
- S�;_3--nn.a1 ilrtj3ir
".'_,;11?
'_j.:!�6f'a4 ._...moi"1
=tl_!E 'JENDOR-------- `'
0.90
_
- EL
Cq�-int Pert 56
T,TAL r111 -ENDI CR-
c-nry Ij:.
4
4'.162._
_-•
_-
`=1...ir'_-.�'te.'llf. _-��'�
_. -�,-'�
.Tc Ca:ifornia
3TE
':.-404,;-2125
2
n,;=
L.•e aerv!CeS
16.12
'.'Ji 4L :SUE ,ENDOR-------->
1,6.12
_ -alifornia
:,-
'�"..a-'_.'-�.�
Tri DUE -?4: _'R -------
_ ::=_r,:a
'TE
:._-__ _
4;E•='1C
; 14
'c,
__ " aPcokDirertr�
5L•�U
T7T� ME ',ENPDR--------,
s1 .,
_ Cal*er,.a
GTE
24J621C
661,14
r)f
E-e F�_""e .S
61,2?
Trry -q it ;ENIiDR-------- `
.1.2^
=Ti= _61:`urila
GTE
-41' -:1:5
`
40621C
066'4
06121.
; F,&-Jo_V:5-p�av
70TIL T"UE EI OR
:- =:a,
--•-_ -
i'
Qfts�lA
_ �K
.: ... tiir?�t'
�'�,_'=i!�:_' �'E F'_1,:
_;�. t0
r1, DO
�UE �t�J.I11R ________t
TVr-L Lr VENDOR
, ,`
t
1F 4
1
"LIN TIME: 12:15 06/15/°4
v
0 J H
E ; -. I
15 ' E ,.
.;GE _
_LE TyFl
...............
21,=.a
VENDOR NAME
VENDOR III.
* PREFAID
�-0jJT °RCJ,TX-NO BATCH PILUNE/NO.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY
DUE
IN4CI,-:
I'ESG�; -;:N
AMQUNT DATE CHECf'
:.ld?nbe , M.c`ael
Goldenberg
4').-!-43`0-4100 1
40621E
06/14
06/21
Pyr•: Mtga-Dec-May
250.00
TOTAL DUE VENDOR --------)
250.00
graffiti Control Systems
GrafitiCon
*i,::%1-4555-5`20 6
40621C 01/1781
06/14
iJ6/14
db0594
Mav Graffiti Removal
2,231.00
TOTAL DUE VENDOR -------->
2,231.00
Grillo Filter Sales
GrllioFilt
+001-4313-2210 5
40�,21C 01/136=3
06/14
06/21
1235
HVACFiltrs-L4rtgPrkHVACSys
42.03
TOTAL 11JE ,'ENDOR--------)
42.03
H.ck:s Muffler Service
Hi&Muffir
#001-444;)-61002
406 1C 01/1529A
06/14
06r12i
92`3
Tow Upgr"E-=ark Truck
479.75
TOTAL DUE VENDOR --------)
479.75
;or.se cf Phones
Hou=_eofp` n
�0, 1-43`0-i?00 2
4C' -:21C 01/13/77
Ot./13
n/,/21
26250
Phones,Answe-mach-SycCyn
294.06
TOTAL DLIE VENDOR --------)
394.06
:=S =Services inC.
IF'S
=-'-4510-6411 0614 1
40621E J1/1�,5'B
)8/14
06/21
tiJ66443
r^'9vo-51dn5prRenab
:_6,004.99
TCTA.. DUE +'E":"2F-------->
:6,094,99
alley Pl, Bulletn 1'•I'P
11` _
406211
%!.,/14
{)6/21
F'ub Hry--,__ UQ
310.75
-- _.15
40620
':•6/14
06/21
-`c'A
"-h Nr.-_.=_ #41
310.75
2115 ;
40621D
06,'14
Oo/21
13_-=
Fut :. _ #,'
:02.50
- r_.=.iESS-7,7uIGTient
r
I
2
406211)
x)6/14
�4,/21
005' 6:
e = _ _.:�G1 C�rges
534.62
ll-at;a0-2200 3
406210
06114
06121
00596:
!ane Xerox "a:r,t Chrges
251.00
T'--_ _.,EN:2R--------}
315.62
Jaca
a_J�J
1FCa'14
40.00
—. DUE „ --------}
40.00
R`1,4TIME! .::1506/15,'4
r=R REG
1 6 T E R
�aE
CUE THRU.............
01,_+, %a
ENiOR NAME
VENDOR iD.
D -
AC[MIN T
---------------------------------------------------------------------------------------------------------------------------------
P,ROu.T(-NO BATCH P01INE/N0.
ENTRY
_UE
:tibC10E
AMICUNT DATE
"'=`n==n.
JohnsonSte
r._4e
4 4121E
PZP °itis SEc-reh
.�. =`11'•
TOTAL DUE VENDOR --------
1_7).b0
y]:dl Lata Systems
_�dGataS,s
4 4'r
n
-
...._-
_Ooi14
''6.21
549,2
Blueprint Paper -Ping
^1.00
l -»51G-12
1 40o21D
Blueprint Paper -Pub Wks
21.01
TOTAL DUE VENDOR --------
42'..)l
: c:lv : _uer
f'ellyPaNer
14
, '1
24417:7
Pantone Cotor Guide
15.46
TOTAL DUE VENDOR --------t
o5.45
a.,s Hardware
: Ens
. 4r:`__lb .",':___;i
1»
i6,,21
68689
Ger Par, :u;plles
:.1�
1:-4
2 4:, .D _',1''_2^
_6 14
C -61:l
15
-ler Park: 3uppl.es
._.51
»'_..il :�..:�.
:[-r:»'3^_,%moi
6'a:.�
Ge^ =.r% Supp 1ics-hrt.,E
__.19
5jI
6,C1
5931`
_s: -_rk Supplies-Petersn
?=
:)6'14
Jj6/21
69024
Gdn Ps"k Supplies
11.15
4.;b<:C
06/14
)6/21
69767
Supplies -Peterson Prk
- _..-._..
»2c21D L=t.
,
h9'`3
Gen ParSupplies
19.25
.-43:
06/14
06;'_1
5Q79;'
Sen Park 5upolies
i8
151.=__
06/14
06/21
69112
Gen Park Supplies
7.47
Cru
»:__Iir 14,`._,23
',14
16/_.
6981,
Supolies-FOC Trailer
Ii..
4 4>;6 1'/18`'3
36li4
;,=:;'1
"_.5
?Pa:ler EOC Suoplie=
4+'_ D 10/1823
06/14
06/21
& .31
'railer EOC Suopl:es
12.__
--- --. .-
40621D 11/1823
06/14
06,'21
'9"71
=.ler ECC SuGpl:es
.'-"
40621D 13/1823
06/14
06121
69396
Bolt Otter
ib.'
. 40621D 04/
16'14
06 ,'21
61V16
r;a-. oar4 Eupn:ies
2''.w0
406210 1113
06/14
06/21
6rQ4
Paint-Summitrdge Prk
X8,34
44�)-:J
40621D 1823
061114
06/21
:,V07
Lumber:Paint-EOC
10.00
fx" -4 1'4
40621D 23/1823
06114
Ob/21
70039
Supplies -Peterson Prk
7.36
40h'1D 01!1823
06/14
06/21
70093
Pain"-Summitridge Prk
123.25
-431'1-12'00
0 406211D .:n 18113
06/14
06/21
70175
Gen -Park Supplies
13.64
4`.1621D IQII '2'
,16/14
06/21
70_(hj
Stage SuperCcnInPrk
7.31
-4;16-1200
i 40621D 22/i32'3
66%14
06/21
70457
Tennis Nets -Maple Hill
4.05
-4_'i:l`:
1 40621D 21'1't'_.
}r„'14
r;F.; l
X045'
T�^ ,_ "Juts-RonF.eay
4.ur
TrTAL CUE VENDOR --------%
548.57
_1N TIME: I':1 46!15,'?4
` --
- F_ _
J_ -.
"'CR NAME
VENDOR ID.
^JUNT ._
-------------------------------------------------------
TX -403
BATON PO.LII�,NO.
-ti'^r
.__
----------------------------------------------------------------------------
:. _.__
==E '1= :�N
N_L,�T :H'.
_-__ '-larcware
'ens
vf.'. a"4.1: -a. •...
411. �1J
- •�
--'tel
4ja._
F ri ].�p�a L_7-W:n_i, N:
._Q
:x)1 —1", 1('- 1 .lr
4()1: 10
' °
2t
= -
-
= _ -Plies
p
12.7.'
4`01-4.=1"-10010
11
4CY D
4
''E/' l
l2
Gen -ar6 ':polies
l =31
:.14
.-433-1-_ ,21 -t
-
--_a6
._ .-
._ -i
:-�'
FBr� :�-;;,.lea-ny��itC`r_�n
i�.•�
ID
�i
:`_1
mer, _="F•p.:es
1�.:
1-4ryi.-i24U
1c
__.:�
-
_:
_,.:'�'•
__- Pa S!' pll==
02
,f .- _.. ._;;4
1.
4'_ ,i'
._ _.
:7441
Cen far'.=ucnIies
31.61
rCr:: 4.i1 -1a..
14
,';21D
:. 14
"c/ i
:3455
Gen Fart. SupD1ie=_
ai
411-2210
i
4(.6210
i,- ��
_'l
1747
irn Par4 ;"p,i:es-PaL,i5rw
-.
-i�10,
lr'c21P
-
.1
ncc
ren Par'-C��Mr1iP=-jy"r'lr;
... nn
a
-1
_'»'''
en Ctrl: c
4.74
-- -- ---
-- --
-'
-- -•
-
-- orf ..rp __ yCt.y'i
_ ��
a
Grsr'E
u,p.:.es-rrtg rrk
4.-7
tC
1
7,'7L.4
Parl 3uaelies-Hr+g PrW
-1=
:: ?-12 Kt
4(1 1
.4
'. `_ _.
. _'(
_- For:' 3uip:.es
21. 36
14
06t -I
7487p
;uoo'::es-Hrtge Prk: Otr
23. 26
_ :4
5..-^1
:97'
_' ppl.es-SycCvrFrk
.05
„'AL DUE VENDOR - -------i
23+s.6Q
} _- -
C'•
H
0c /14
46.21
Recreation Re*und
55.00
-OTAL DUE VENDOR --------}
55.00
�. Eounty-therlff
s Dep LACSherlff
-Y�11-5441
D,
44621D
ht. 14
46/21
225x`
April Helicopter Svcs
242.53
TOTAL BUE VENDOR --------i
242.59
r. ;:ot.nty-Sheriff's Dep LACSheriff
1-4411-540'1 4 446210
_-l-F:r e LE -pt LACFire
14,0_1D
4Er14 �0�21 224i;;
Fr 73-'4,_ontractAglustnnt 122,156.34
TOTAL 'DUE VENDOR --r 1222, 186.64
-LE )ENDOR ]
7.3`'--x.60
7, 555'x.40
')6 : iii:,;: 1411 5.1`15
"_TAL 1;E ;EN50F--------i 5.55
A t
TIME; 12;'5 06/15194 J(J L L
VD,"DOR NAME ymm
Ai—WDUNT PRCJ.TX-?C BATCH %jW/NQ. ENTR Y /jjjE T P.�, [CE 3A---
---------------------------------- % ------------------------------------------------------------------------------------------------
Celiular Telephone LACellular
-el— ar a
I a.' E- ncs-__�4
4ESt Lai JS Sy e�J
Dr
4 406- V ilc-_
4�
5508
.-4--=503 6 406--lD
dnc4�P 'Jest Lands7azeW
=-:gue of Ca. Cities League
$:°''1-40'x^-2,25 5 4062IG
2U
1 4'621A
L
5 4D527D
--d zciocl' House LlttleRed
-6tj 3
-x,;ernment CGwss. �Oca'AOM.
AL .iii= VENOO; ---------
i
�b
24.
5
Ma( need -catamc,
?21
"a, -ape Svcs
QI
-OTAL DUE V'PlJr)-nR ---------
3, 3'36 35
061"14 06121
C,,ty Selsct,,on Mtc-Wrner
22.00 06/1)1(94
TL"AL nPEPAID AMOUNT ----1
_2.r.)
T T-1 '-r"!rgQ --------- i
&%/21
Lues
TOT,Y DUE VENDOR ---------
IF. 'Irl
4 1
14 1
-- ---------
7:7�, - ---------
14
-hL.-UE VENLE-OF - --------
I 5.6i
'h. 14
�E VE'4—
4 4 4
RUN TIME: 1L: 15 '"6,'15/?4
0 U C
d E R 3.
E u, c- E
--JE
DUE THFU
................6
:. 14
'.E"DOR NAME
+iENmOR iD.
n • - _- ID
ACCOUNT ',R0J.TX-NO
----------- -------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/NO.
ENTRY/DLE
ICc_-
L-_ -Inge,es County
LtiLintSvC
.JO
1
4rI._i,'
i4
,::1
1?4
Mar/Apr gager 3,1--s
L.�a
TOTAL DUE VENDOR --------t
2.V3
Los Angeles County
LACLlbrary
u--1 -43t5-5300
1
40t,213
06/14
.)6/'-1
L.orary Svcs -Feb -Mar
1?,Suu,40
TOTAL DUE VENDOR --------)
19,500.::,
-os Angeles .:;anti
,.,Au DUE ';E!JDurt-"------
ti.;,-,
-3 I -g les '=curt,
clerr
LNCClerL
SF'MP EIR;FER'12-001
-.,
06;'07/Q4 004002157(
,_,..
06/07/94 0000+-12157(-
'4
,:1
3FMP EIR;r'ER';1-)C4
53 J`
Oh/47/?4 00004215?1
ICTAL PREPAID AMOUNT ----?
(.75.00
TCT"L DUE VE DIR--------1
0.0(j,
14
...L1
21%':
Ezcur-Temecula Tour 5/21
"0.'+?
14
Ob/2
21074
'raps-TerneCula T ur 5/21
520.0(;
TOTAL "SUE VENDOR --------'r
X00.00
,. -= Printina
MarrsF'r.nt
42.:-4241,'
4
40621E :'11'_=._I
_/14
06/1
Frtg Svcs -MRF Flyers
1,70.71
T1TAL DUE VENDOR --------;
1,570.-I
?�in3 -mut
Medln&R
_-_ 81;0
?
40621E
?6/14
0b /21
'.n Mtys Ge[ -May
24;),t)i;
T2T4L :'UE VE1ZOR-------->
240.00
Metrolink
-_'14
0_ ,,/2-
uuneMetrcMur`_hly-Tr;Ubsdy
576.01)
nE:.18O6
1
Met,-"'TrlpFass-TrSubsdy
50, CK)
ICTAL DUE 'VENDOR --------r
2,'126.x00
_ :av1u"
Mr erU
- ,_ �,_-1i..
___,�
!'i•.4'.C.�i
`'l"g c.C:fm Itg J/2,`,—
1•r_";,04
r-TAL _'UE dEyDOR
1(0 '•'r
�
° t y j 3 UN TIME, 12:15 06/15/94 V O U C H E R R E ,T 3 E 3
I_ E
DUE THR'U.... . .. 14 . ..... i�u, � 1 !'4
'ENDOR NAME vow ID.
ACCOUNT------- #
FROJ.TX-NO BATCH /Mq. ENTRY/DUE :%]:C= E_rRIr''':JN AMOUNT DATE�
--------------------------------------------------------------------------------------------------------------------
gent NelsonT
4Uh_:E 06/14 -,;/14--- - .
:`0 2 406221E ,1 -- ` -,_ -_'�= ,.:,::
1-4
F, :4 )6,':4 .0 :nd`Oys-Ji;re 2? CcnlnP� 414,
7CTAL DUE 'JE'+:CG'
Nc:te ° Assl_lates Inc NolteAssc
1-'=.-4.5.:0-6411 06494 40621E c)1fi307 1:16/14 r)6,'2! -,4;1r
- 'eet:?iprr-DFaf/tiftl 1
TOTAL DUE VENDOR --------i
`,0ite % Assiciates Inc Nolterssc
`!'-451;'-6411 06494 4 406221E 01/1307 06/14 06/24 122.;?lj. 5t—_etlrsorrD5ar;Grd
?,87'.40
TOTAL CLUE VENDOR --------) 01,375,422)
Ortiz, Tom OrtizTom
*Of"'1-455,-4100 4 40621F 0 !14 O6/2tT t, 6", TM , j , 40. 00
TOTAL DUE VENDOR --------) 40,00
�ER3 Neaith Benefits PERSHealth
-`t'`).-2110-1003 1 406210 06/14 06/14
June MeO;.,l ;
,.r•"a-40A0-0030 1 4t1.y2:0 nsur Frew ,`11.;4 Oh;.;.;/��a--
0f,/14 ;)6/14 June Medical Irsur Cho/(c_%y4
TnTAL PREPAID AMOUNT_
----1 Q,5F,5.j4
TOTAL DUE VENDOR --------) 0.00
='sroll Transfer PayrcllTr
10 ' ? 40621 06/14 Oh/21 Payroll Transfer -PP10 46,90t),0U 06/21/94
TOTAL ;,REPAID AMOUNT ----) 46,900.00
TOT 'L DJE VENDOR --------) 0.00
Pa
-.. 1 40621D 06/14 06/21 :aYrc1: Transfer -PP11 47,200.00 06/21,1?4----_.--::
TGTAL PREPAID AMOUNT ----) 47,2W.00
TCTk DUE 'JENDOR--------) 0.100
:—: rowes Credit Corp. PBM
1-4[;'ci-2130 340621E
06/1:4 06/21 Eq::;: RErt-6/10-7;'220 99.5-
v
T,.
,�, T., „_ � Lit rENDOR--------=,Q
:Ur,t: Lvdia E. P1unkL
1 '
4062 ,
1E 1:,14 :�c/21 Pi = -
wRrm `itgs 180.00
TC7AL- - " ENDOR
1 00. � -U
TOTAL DUE VENDOR --------> 65.?0
_'N T I ME ; : _ : 5 ) 6 /: 5
'
«_ TNR_
�K♦�mmr
VENDOR.{
ry^'_'LNT ='4C ,T"•
-------------------------------------------------------------------------------
R T
-JO BATCH P4.LIUE/N0.
ENTFY''�_'E
Ir,�•1:7 r^.-=
n= ^='r•_�_� -•
._
----------------------------------------------------
•^-
h :r
A, 1r �yT �,�
10p:, -:i
Inc 'htchellpe
._ .4 )I,121
1 -"
TreG7crC•'-Ir-'
14 06/21
1.5_ ,:
TraeSCr3,.1vc_-C'f9roch
,
2:c
.4 .= 21
i.1`,4c70
_, _ -ec
42:0 2310;"
�1_
f},: ;:;6„C,
;1`-'`:''_
F_;eI-Plrg
21._,
:.. L:..
4 4::E:. _
__4 . _ .
="ac;E,G
"gel r: ='ec
6.c_
d;..-._;.
4r;621E
::'','14 `r•('1
K24+1 '5'_
._a'- .. F.ec
32.70
FLel-
- .,-Y,.._ �_,_
_-'•'L2C
06'14 W)'21
k.3444416
Fuei--, '4Rec
<,'td 1'.h, >:i
~4W45
F.21 -7e'_ go,.t
35
TOTAL DUE VEN,i' R --------i
211.75
Mor:tgomerv, Mic ;ael
"M ntgomer
211.7-10c._
1 4',°L'E
: ; 14 06/21
Ap.ri? Retire Contrio
8..56
C'6114 ;;fi2i
Ma,' ,eti e '-zntF0
646.98
c,14'r21Dec-Mar
-ec.re Ccntrib
2,440.2$^
-4C_. 4:= i
r, 4:}02.. ''`_; i"�:4A
08/14 ::t,,.:1
"ay La3al Svcs
` 500. CK)
-4,,--
2 4,:,:2iE '.:..7,34A
06/14 06/21
Spec Legai Svcs -Days Inn
466.75
TOTAL DUE jENrCR--------f
2.QS7.4$
?_:�' United .Jay
Urr1 dway
06/14 06,':1
Up Wav Ccntrlb PP 7-12
1`:.0(0
DTAL :'UE 1vE'1P0n ---------
.5_'.'Js}
MyersE
-4Gi,0
5 40621E 26/1787
06/14 0%,'_.
=�:c11
Se. _'_h -:ii 1tg -; 17
1.0
-.
40621E W1717
'76/14 06;21
=4dbii
-,t Sec-C_'oLrci ":g f 6
1611.:0
1' J: •.:::
740621E 3UW
06/14 06!21
'a4dc;i
IT,: Se: 5" LRc;1 57"i
414.00
40621E 2
06/14 06,21'=,ddb1i
Mn' Sec 1.-g Comm 5i:3
48 .X,
i »21V-4.:•
:• 40621E 30/17$!
06/14 06/21
G4db11
Mnt Sec-Fing Comm 4eroatm
69.00
_�Uj -421i-d2 y
7 40621E 27/1787
06/14 06/21
j4dbll
Mnt Sec-GPAC Mtg 5/24
207.00
TOTAL DUE VENDOR --------7
1,7:.'5.00
national Sanitary Supply Nat5anitar
1-4.1 -" 10
10 40621E 04/1217
Go/14 76121
'7„94-3
5uppiies-Nrtg P6
65,30
TOTAL DUE VENDOR --------> 65.?0
H
J, 7 4111 ic" iF r' Ul E
THF ...
4
,E%: -F `,AME VENDW PFEF 1
nL7',IjNT -rr'kOJ.TX-IVO BATCH PDXINEiNO. j
-------------------------------------------------------------------------- --------------------------------------- ------------------
_JICd -omlndrled
4.-
�or,r Loy
I r 0monaLity
`7 4t13_ 417
M. C,
- :4 -.1 "
06/ ' 14 +,0114
06/14t 00/21 1 la,7-
m:ere L22sirg Co. Prnig*e
-a.-.:1».
13 4.'621E O1 1723 06,114 06!21
-er,ce Bureau F:B"
T' --------
�,'s
-T E ?IADCIR --------
IL
Wood Diner Werner
25.00
06/03/94 000002156'-'
TOTAL F-PEPAID AMOUNT ----
25.+:!0
TJTAL DUE VENDOR --------
0.00
4:.76
_L AL DUE 'EN2-OR --------
42.76
PeAmltForms
414,60
K,TAL __JE V _KJOP --------
414,60
F ----,.c
1,500.00
T'_'_AL -_-LAE ,ENIDP --------
339.70
06/01/94 Ooou,):I5'
307.51.
-6;'01/94
AMCLINT ----}1
-'29.37
T,DT--L --'-c-' --------
T,
pjjti TIME: 1 .2:1`_ ' )6,, 15, V 9 H P R
."E""OR NAME VEMM 10.
1 PR' -.TX -O BATCH 004INE/N0. EN T
RY/DUE ANOUNT
-------------------------------------------------------------------------------------------------------------------------------------
1,01 Rpt:-emert P E%I
0 0 1 - 2 0. - I f) Q, lf.'IkltC
: � D71C I Re" 17
-21
211'-1/'108 _1g
C Ign
_
'All
Ra r
iO 4062IG
-:5Vranzer&Assoc C.S. I -,,c RPA
1-45T' -52,7,3 5 40621E
" 4
01-4�5 1 40621E
�5-5",27
-:-a. icsepm T. Fu-,16aui
06.'14 ),' '21
06114 (16,'21 10,864
06/14 06/21
16114 06721
06/14 06/21 2S72
06/14 06/21 2379
06114 06/21
RetirEg,ert OPI.
T_
ibLre
T, P;,4
Pet, -emer,�
?,l K. 73
'I'6103/'c)4
406 21F
06/14
06/21
2':459
0.10
11 40621F
06/14
06/121
242
24, 4
Ret'.rement PPII
1: 40621F
06'/'4
06/21
I, 4+M 2 1 F
-'6,'14
05/'_I
:2240
RetirEg,ert OPI.
14
T, P;,4
Pet, -emer,�
?,l K. 73
'I'6103/'c)4
TOTAL PPFPI'L' AMOUNT ----1
6 '116 3.87
TOTAL DUE VENDOR --------)
0.10
Retirement PP!l
2,V_.^.3
Ret'.rement PPII
1
'94
TOTAL PREFAID !MOUNT
TOTAL DUE VENDOR --------
0.00
ProfS,,cc--Pantera Prk
1,197.36
TOTAL DUE VENDOR -------- )
1,197.S6
Pefund-FFL�4-007 Deposit
1,700.00
P,LnP.-,g FEE Chg-Deposit
200.00-
TU17AL DUE VENEOR -------- )
11,500.00
Plan Check Svcs
393.75
EnQr lnsFect Sic_a
277.88
TOTAL DUE VENDOR ----------
1,271.63
P&F Mtgs Dec -May
280.00
',-.TAL DUE 'VENDOR --------
280.00
Pu[ H.,g DR?'j - 1 ItUP 9.s-4
107.`2
Pub prg ri,* 439
qI3.Q2
Puo Hr� "i;: #-'1
87'.08
:'"b Hrg _`i st 438
71c.20
7C,I,y DLE )rN-C9 -- --------
16.. 3,
;e;jld Hrtge Prk Deposif
20f.�.00
Z "_'F ',FNIOR ----------
20C.00
;Ut• TIME: il:iJ VD!- v4 - _ 7 _ _ -=E
��..........._ -Y
)ENDOR SVENDOR 7D. � �=BE`=ii
ME
_JlA"�T rF'C .Tf-PaO -ATCH PO.LINE/yU. - = - _ =" ''a ,36NT i3'=
_-__________________________________________________________________.-___-________________-_.--___-_________-_-_---_______-_-____-_-_
r� D.
_; ,ple- a=e Emergarlcv c;i,7mpleL:te
Soeedy "cOEeu�
_o. la. joint Power's SCJ"A
sCJFiA
_ ..crn is Jas .A Socarm
:,Lt -ern Ca. Ediser SoCaEdis,x
Ci;`_`•ern Ca. Edis n SoCaEdi_,_r
_TIL
._E ,E'Zc-m,--------
..'X.,
71TUE ENDOF--------,
DUE' ENDOR----------
74.54
.35Wr'ip:-=5_cmGrFreP
Svc -Traffic Control
700.72
-OtAL
DUE '1ENDOR--------)
700.72
=Lrklia9
:'!_- er }aoa Par-..
1tl,ih
T-I'AL _IIE VENDOR --------f
= Feagan Sark
107..1
"en_l-Rb frilmar'y Deoost
153,1?0.00
L,erL:eu caCeSS Deposit
1?,�-h.JO
'EMIR --- ---- •
, k_ ,
41 _ , 7C
Oe,"_ sb Deposit
137,76Q.00
TCTAL DUE VADOR--------?
1'37,769,00
_TIL
._E ,E'Zc-m,--------
..'X.,
TOTAL
DUE' ENDOR----------
74.54
Eier,
Svc -Traffic Control
700.72
-OtAL
DUE '1ENDOR--------)
700.72
Elect
:'!_- er }aoa Par-..
1 026.27
4iect
= Feagan Sark
379.23
0
t 1 T1
TIME;
E
E'd Gk NAME
VENDOR I0.
N PFE°Alli 4
ACCOUNT FFOU.TX-NO BATCH P&LINE/NO.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY.T:UE
:NVC.T1E
I,E3rR!FT70N
AMOUNT
[LATE CHECK
Co tSeT7 =a. Ed:sur.
ScCaEdison
AL
'YAL "UE ')ENDOR--------)
?`0 7a
__!•t`_'1 Cd. EdiSCn
_CCaC'..3✓�
14
5'.:a - L�AD#41
:7.7i
,077 L E .EvDOF--------}
27.711
:,nsurance of
Ore ata ,aardln
4, 1:Suprl:me
ta! rife Ins -Jun
18.00
06/03/94 Ucj(r002l5E:5
TOTAL =;E;'AID AMOUNT ----)
1$.00
TO', 'L DCE dENDOR-------->
0.00
Subway
;u6way
1 -a_10 -a2 7
v ;ri;:lr,
4�l
�^�oi.es
GPaC Mt, = 1 9
- 6J.
27.50
06/07/94 OW21572
TOTAL «EFAID AMOUNT ----}
27.50
TCTk 2CE VENDOR- -------->
0.00
en
TOTAL ZUE VENDOR --------)
110.00
:are Out Personnel Svc. T i,ueOUt
v-
406
06!14
06/21
931223
Temp Svcss-Plug Dept
1$270
:i-4)iJ-4300
1 40621F
06114
06/21
931313
Temp S'.css-PGF Coons
208.80
TOTAL DUE VENW7OR --------)
391.50
=taver.
TyeS
5 40621E
)6/14
06/21
160.00
TOTAL =!'E 'E',?,OR--------)
160.00
USPrinfing
41621E 01/1728
/
O6/ 14
_,_1
OF "'
Sa_
1_
�, --
Pr_., _ _i-J=a�fitiHandout
154.25
T'T�L =L_ )ENDOR--------)
184.25
_, ucai
Unocal
-IF
U r14
_.
F,,=_-°
23.60
-...
SHL _U_ ,t4..J' --------)
23.60
U 7 C.
4N[ I -R
-,-N BATCH
-------------------------------------------------------------------------------------- -------- - -------------------------------- -----
E-l- : I
4' L
Wes t 1115h ,ng Co. WestPub
'.Jr:-lt. Paul g I t P
TOTAL VENIV; - ---------
521 55
,4
CAIC-dt--Pub I i cat- i oric
:ACode ations
46.55
7,TAL DUE VENDOP ----------
7
40'.,X,
TOTAL LWE VENDOR -------- )
405. j0
14
06! 2 1 L i 5 -7' 2 11S
Cop; Paper,, -cTfptr Paper
624.04
TOTAL DUE VENDOR -------- )
Q4.1)4
TOT -L PREPAID---,
I ,U`31 .r.
T07f4L .,JE --------------- 1
73.",`-•45.88
-;Cj'-L REF-JRT ------------- )
056,577.60
FUN T1ME- 5/1`.
uR'
:L- F+F ............ . x, -4
DISBM
G/L ,E 4ILL :--ST mAS :CSTED
FUTURE
TRANSACTIoE
"UND
------------------------------------------------------------------------------------------------------------------------------------
TOTAL
DIRECT SAV RE r-j%E EAHNSE F;E'v&10E EXPENSE
REVENUE
CAFDZE
,kQl General Fund
440,937.22
144,6o7/.54
497.40
;_Lri, #38 Fund
_ , r t„ )4
- •�
Fund
30,425..]
t :caste 1yd,t r
5,4-jQ .,X)
_
�4'
.._ ;Ir +1L'ti.ity Iu.p
-- -a� it -Fee
.b, 1. ,1-
-_- 5ra,-,c Aw Cc: -s*
4, )1Jr,v')
.�. —eft. #41 iLr10
Y, :'t,�/�
4 1•.y -.
_. Self Insurance F
,,.
------------------------------------------------
------------
------------
���
::516 `,T..,)
- -
4=7.40
711,41:._=
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and City Council
MEETING DATE: June 21, 1994 REPORT DATE: June 9, 1994
FROM: Linda G. Magnuson Accounting Manager
TITLE:
Treasurer's Report - April 30, 1994
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of April 1994.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report
Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Spec. (on file in City Clerk's Office)
Other
1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
RE IEWED BY:
errence L. Bela er P k Ushe' Li�G. M uson
City Manager Assistant City Manager Accounting anager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: June 21, 1994
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - April 30, 1994
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the April, 1994 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of April 1994. This statement shows the cash balances for
the various funds, with a breakdown of bank account balances and
investment account balances.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
April 30, 1994
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT $145,052.20
PAYROLL ACCOUNT 1,335.54
CHANGE FUND 100.00
PETTY CASH ACCOUNT 500.00
INVESTMENTS:
TOTAL DEMAND DEPOSITS $146,967.74
TIME CERTIFICATES $0.00
COMMERCIAL PAPER 0.00
L.A.I.F. 12,403,251.23
TOTAL INVESTMENTS 12,403,251.23
TOTAL CASH $12,550,238.97
TRANSFERS
ENDING
BALANCE
GENERAL FUND
$5,400,874.17
$1,607,853.86
$878,685.31
$6,130,042.72
TRAFFIC SAFETY FUND
0.00
10,645.55
10,645.55
GAS TAX FUND
2,465,065.25
24,746.73
1,394.73
2,488,417.25
TRANSIT TX (PROP A) FD
786,967.15
81,601.24
757.80
867,810.59
TRANSIT TX (PROP C) FD
1,226,082.91
73,338.44
1,299,421.35
INTEGRATED WASTE MGT FD
37,102.12
6,922.97
4,724.08
39,301.01
AIR QUALITY IMPRVMNT FD
48,943.40
465.91
2,934.67
46,474.64
STATE PARK GRANT FUND
0.00
0.00
PARK FEES FUND
182,133.04
95,043.81
277,176.85
S PARKS GRANT (PRP A) FD
(12,443.50)
(12,443.50)
COM DEV BLOCK GRANT FD
(17,890.73)
13,279.00
5,967.09
(10,578.82)
LANDSCAPE DIST #38 FD
206,759.84
87,941.34
15,056.47
279,644.71
LANDSCAPE DIST #39 FD
48,078.85
31,826.27
15,238.81
64,666.31
LANDSCAPE DIST #41 FO
119,284.06
41,618.66
5,612.36
155,290.36
GRAND AV CONST FUND
420,236.26
856.65
419,379.61
TRAFFIC MITIGATION FEE FD
0.00
52,744.99
(52,744.99)
CAP IMPROVEMENT PRJ FD
102,560.10
913.01
82,381.71
21,091.40
SB 821 FUND
139,588.76
1,433.85
141,022.61
SELF INSURANCE FUND
381,784.20
3,837.12
385,621.32
TOTALS
$11,535,125.88
$2,081,467.76
$1,066,354.67 $0.00
$12,550,238.97
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT $145,052.20
PAYROLL ACCOUNT 1,335.54
CHANGE FUND 100.00
PETTY CASH ACCOUNT 500.00
INVESTMENTS:
TOTAL DEMAND DEPOSITS $146,967.74
TIME CERTIFICATES $0.00
COMMERCIAL PAPER 0.00
L.A.I.F. 12,403,251.23
TOTAL INVESTMENTS 12,403,251.23
TOTAL CASH $12,550,238.97
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: June 21, 1994 REPORT DATE: June 17, 1994
FROM: George A. Wentz, Interim City Engineer
TITLE: Grading Bond Reduction for 13 Lot Subdivision at Diamond Knoll Lane in Tract 47722.
SUMMARY: The City of Diamond Bar desires to reduce the bond posted for grading located on Tract No.
47722 (Diamond Knoll Lane).
RECOMMENDATION: It is recommended that the City Council approve the reduction of the Grading Bond
posted for grading at Diamond Knoll to $22,500. Further, it is recommended that the City Clerk notify the
American Motorists Insurance Company and Piermarini Homes of the City Council's action.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X Other: Bond Form and Final Grade Sign -Off of
4 No. Lots and Grading Engineer's Letter
1. Has the resolution, ordinance or agreement been reviewed _ Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L Belt
el er
City Man ger
Frank A.sher George A. Wentz
Assistant City Manager Interim City Engineer
MEETING DATE:
TO:
FROM:
SUBJECT:
CITY COUNCIL REPORT
AGENDA NO.
June 21, 1994
Honorable Mayor and Members of the City Council
Terrence L.Belanger, City Manager
Reduction of Bond for Grading on Tract No. 47722
(Diamond Knoll Lane).
ISSUE STATEMENT
This report requests the reduction of a faithful performance and
labor and material bond posted for grading done on Tract No.
47722 by Piermarini Homes.
RECOMMENDATION
It is recommended that the City Council approve the reduction of
the Grading Bond posted for grading at Diamond Knoll to $22,500.
Further, it is recommended that the City Clerk notify the
American Motorists Insurance Company and Piermarini Homes of the
City Council's action.
FINANCIAL SUMMARY
This action has no impact on the City's 1993-1994 budget.
BACKGROUND
All of the rough grading for the formation of the 13 building
pads at Diamond Knoll has now been completed. The Department of
Public Works Inspector inspected and approved all of the building
pads on August 12, 1992. Four of the lots (6, 9, 10 and 13)
received final grade sign -off between February 1993 and February
1994, and five vacant lots have been sold. Therefore, Piermarini
Homes will be constructing and completing final grading on four
more lots. Based on progress to date, Piermarini Homes is
requesting a reduction in the grading bond. The retention
assures that all final grading is adequately protected. However,
it should also be noted that prior to issuance of a precise
grading permit for any of the 'sold' lots, a precise grading bond
must be filed by the Homeowner/Developer with the City.
DISCUSSION
The following listed grading bond needs to be amended to:
Tract No.: 47722
Bond Number: 3SM 771 718 00
Principal: Piermarini Homes
Surety: American Motorists Insurance Co.
Amount: $22.S00(Original Grading Bond Amount
$153,000)
Prepared By:
Anne Garvey
• - J.'. , ! .. , ..a 00
PRM' ' $3,060.00
1 Two Years
Duplicate Original
CITY'or DIAMOND BAR
GRADING PERMIT BOND
Pertaining to Grading Permit No.
KNOW ALL MEN BY THESE PRESENTS:
That we, Piermarini Homes
as principal, and American Motorists Insurance Company
a corporation, as surety, are held and firmly bound unto the CITY
OF DIAMOND BAR, a municipal corporation of the State of Calif orrria,
in the sum of One Hundred Fifty Three Thousand and no/100-------dollars.
( $153,000.00 ),
lawful money of the United States, for the payment of which, well
and truly to be made, we hereby bind ourselves, jointly and
severally, firmly by these presents, subject to the following terms
and conditions:
WHEREAS, an application by the above named principal has been made
to the City Engineer of the City of Diamond Bar for the issuance,
to said principal, of a grading permit to perform excavation and/or
fill work within the City of Diamond Bar in accordance with plans
and specifications therefor on file with the City and including
all matters required by the Planning Commission and City Council
in connection with various steps leading to the completion of all
terms and conditions of said grading permit; and
WHEREAS, the City of Diamond Bar requires as a, condition precedent
to the issuance of said permit, that the principal shall furnish
a bond in the above amount to the City of Diamond Bar, conditioned
as hereinafter set forth:
NOW, THEREFORE, if the principal shall well and truly comply with
all ordinances and regulations of the City of Diamond Bar and all
other applicable laws and ordinances; and
Comply with all of the terms and conditions of the permit for
excavation and/or fill issued pursuant to said application to the
satisfaction of the City. Engineer; and
Complete all of the work contemplated under the permit within the
time limit specified in the peAkit.
THEN, upon completion' of all work and conditions set forth, this
obligation shall become void; otherwise, it shall remain in full
force and effect.
,c
r•
WITNESS WI.EREOF; said Principal and said Surety have caused these presents to be
duly signed aid scaled this 24th day of July 1991.
Piermarini Homes
Principal
by:
American Motorists Insurance Company
Surety
by. Keller, Attorney -in --Fact
STATE OF CALIFORNIA, COUNTr OF Los Angeles
�f WT1pf1,71
On � S.6
r+s+aaixe
Stets �, � `��� before me a Rotary Pabliaredc. vittefa and for the said Count as
• F�xaonall a
basia� of satisfactoryaevidence ipton Keller y d
Inatrtumeat % to be the person whose namoenisosubscribed us (or otodthe within
to me on acknowled fia the Attorney In Fact of and for tine
t � t that he a b RICAN MOTORISTS IpSURANCB COILpANX and
theret a kS ed the name of the AHHRICAN MOTORISTS INSURANCE COMPANr
ety� 5 +,.vria as Attorney In Fact,
F nfr„res?n^oe5w _� Notary Public
„ICA,N MOTORISTS IN1,01ANCE COMPANYfIaTlQa&e
Office: Lang CPOV'a. IL 60040 In
companies
EWER OF ATTOR
.:now All Men By Th se Presents:
That the American Motas•ists Insurance Compo y, a corporation orpeniasd and existing under the lane of the State of
Illinois, and having its principal office in Long gram, Illinois, does hereby eppointmMe11ea11MmeeewMelrMmaeMrYeeeam
Kipton Keller of Los Angeles, California
its true and lawful agent(*) and ottorney(sl-in-fact, to make, exsoute, seal, and deliver during the period beginning
with the data of issuance of this power and ending Darm ktr 31, 1992, unless sooner revoked for and an its behalf as
surety, and as its act and dead: Any and all bonds and undertakings provided the amount
of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS
($500,000.00)
tl tFiEtFiFtF9Fiktk*
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory roots, chook, draft or letter of credit.
This authority dews not permit the some obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as eat forth heroin.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bands and undertakings in pursuance of these presents shall be as binding upon the said American
Motorists Insurance Company as fully and amply to all intents and purposes. as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal office in Long grow. Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE Kra NOUT NOTICE AS OF DECEMBER 31, 1992.
This Paver of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long grow. Illinois, a true and
accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in
full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the paver and authority to appoint agents and
attorneys -in -feet, and to authorize them to execute an behalf of the Ceapany, and attach the seal of the Company
thereto, bonds and undertakings, rseegnizorw as, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company my appoint agents for acceptance of process.”
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the
23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President. or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and
certifications by the Secretary, may be affixed by facsimile an any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors an February 23, 1988 and any such pacer so
executed, sealed and certified with respect to any bond or undertaking to which it is attedsad, shell continue to be
valid mrd bind .V upon the Company,"
In Testimony Nhereof. the American Motorists Insulrance Comprgr hes caused this instrument to be signed end its
corporate seal to be affixed by its authorized officers, this 4th day of SPrf-.PrnbAr , 19 IQQ_-
At-tested and Certified:
�.r•�
AMERICAN MOTORISTS INSURANCE COMPANY
By s -,)& �t-
F. C. McCullough, Secretary
J. S. Kemper, III, Senior Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to
we to be the soma Persons who" names are respectively as Senior Vice President and Secretary of the American Motorists
Inssurarsce Comprry, a Corporation of the State of Illinois# subscribed to the foregoing instrument, appeared before me
this day in Person and severally acknowledged drk they being thereunto duly authorized signeds sealed with the
corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own
free and voluntary act for the uses and purposes therein set forth.
rrw;'OFFICIAL SEAL" ►�� /�` 7�AC�� t�
My commission expires: 5-14-94 Grace Condon
Public � Mabry Public,, Condon
State Illinois ► Croce E. Condors, Notary
.My Commssen Esawn 5111184 jo
r:mr •►.-W W v 1►'W W V'W'W'W
111 836-5 5-90 1M
Power of Attorney - Term PRINTED IN U.S.A.
• �' _ _
-, ',_;.,Tcfty OF DIAMOND- BAs _
- - 21660 E. COPLEY DRIVE, SUITE 100
DIAMOND BAR, CA 91765
11: t v 714 -860 -CI'T'Y . 714-860-2489
SUPERVISED GRADING INSPECTION CERTIFICATE
�� ihl�+•o �i , Ear+-� G�•�.1
JOB ADDRESS/TRACT NO. -41 _g 1.2f.
L,01 - (, �j1'L-rte y7gy,_ PERMIT NO.
OWNER �5,�✓v5yw.x �' 4A2x.,,St CONTRACTOR
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lots were installed upon compet
and properly prepared base material and compacted in compliance with requirements
Building Code Section 7010. I further certify that where the report or reports of
engineering geologist, relative to this site, have recommended the installation of buttr
fills or other similar stabilization measures, such earthwork construction has b
completed in accordance with the approved design.
LOT NOS.
See report dated for compaction test data, recommended allowable s•
bearing values and other recommendations.
E.�CPANSIVE SOILS (YES) (NO) LOT NOS.
BUTTRESS FILLS (YES) (NO) LOT NOS. - -
REMARKS
Engineer
signature
Reg.No Date
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
I certify to the satisfactory completion of rough grading ,'including: grading to approximi
final elevations, property lines located and staked; cut and fill slopes correctly gra(
and located in accordance with the approved design; swales and terraces graded ready
paving, berms installed; and required drainage slopes provided on the building pads.
further certify that where report or reports of an engineering geologist and/or so'
engineer have been prepared relative to this site, the recommendations contained in sl
reports have been followed in the presecution of tbp_ work.
LOT NOS.irSi=wC-Tvr!�y.
REMARKS
�Z� Q YA CSR 2
Engineer Reg. No. Date Z-1--93
SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION
I certify to the satisfactory completion of grading in accordance with the approved plans
All required drainage devices have been installed; slope planting established. and irriga-
tion systems prov' F�gv- required); and adequate provisions have been made for draina
of surface wat l a lding site. The recommendations of the soils engineer and
or engineerin A. ( h persons were employed) have been incorporated in the wo
.\
LOT NO� . (p y �yv Obi
REMARKS a
NO. 43217 ul
Exp 3-31 96
Engineer Reg. No. Date z -� X93
`rl CIVIL \R'
- -- —9j� OF�IF��� -
.1660 E. COPLE'( DR:NE, SME 191
DIAMOND BAR, CA 9'11(5-4177
(909) 396 671
SUPERVISED GRADING INSTEC'[7.0N CERTIFICATE
JOB ADDRESS/LOT AND TRACT NO. /8/3 O/HM'0610 k14Y L Rt:�IO PERMIT NO.
OWNER/�RM�R/Nl IIyC CQN]'RACT�R_ P/ 'h7�iP//V/ T //VG
SOILS ENGINEER'S ROUGH GRADING CERTIFICAIICN
I certify that the earth fills placed on the following lot(s) were installed up)n competent and properly prepared base material and
compacted in compliance with requirements of Building Code Section 7010. I further certify that where the report or reports
of engineering geologist, relative to this site, have recommended the installation of buttresses, fills or other similar stabilization
measures, such earthwork construction has been completed in accordance: with the approved design.
LOT NO.(S)
See report dated
other recommendations.
EXPANSIVE SOILS (YES) (NO) LOT NO.(S)
BUTTRESS FILLS (YES) (NO) LOT NO.(S)
REMARKS
ENGINEER
Signature (and wet -stamp)
for compaction test data, recommended allowable soil bearing values and
REG. NO.
DATE
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
I certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located
and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded
ready for paving, berms installed; and required drainage slopes provided on the building pads. I further c t where report
or reports of an engineering geologist and/or soils engineer have been prepared relative tc this svm dations
contained in soils reports have been followed in the execution of the work.
LOT NO.(S) (-HLEcw ?!) Lo -1 (0 e2)r Te. 47722 i=iAjp!
REMARKS 17 w:4s S;aTs,�:,gcTvrr7
7-_zz-114 130.
ENGINEER (--h � A IJREG. NO. DATE 18713 I
Signature (and wet -stamp)
SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION
I certify to the satisfactory completion of grading in accordance with the approved plans. All res have
been installed; slope planting established and. irrigation systems provided (where required); and adequat`e'provisi ns have been
made for drainage of surface waters from each building site. The recommendations of the soils engineer and engineering
geologist (if such persons were employed) have been incorporated in the work.
o
LOT NO.(S) (,O% /0 7R-1-jr,-7- A10 • 477Z'Z
REMARKSS*e
�U LT A?i�9lly, 6E ye��J Org?� 2-r6 -Y¢
ENGINEER �/�/V REG. NU � /873 DATE
et- p "' rr '
GRADING CERTIFICATION BY THE SOILS ENGINEER AND GRADING ENGINEER IS REQUIRED FOR ROUGH GRADE
INSPECHON AND RELEASE TO BUILDING DEPARTMENT FOR STRUCTURAL PERMITS.
FINAL GRADING CER77FICA71ON BY THE GRADING ENGINEER IS REQUIRED BEFORE FINAL GRADE INSPECHON
AND RELEASE TO BUILDING DEPARTMENT FOR OCCUPANCY OF STRUCTURE.
`,ITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 100
DIAMOND BAR, CA 91765
714 -860 -CITY 714860-2489
SUPERVISED GRADING INSPECTION CERTIFICATE
JOB ADDRESS/TRACT NO. 1831 ��QN�tr'�c1 011 i�✓. PERMIT NO.
OWNER tEivv`- CONTRACTOR
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lots were installed upon competent
and properly prepared base material and compacted in compliance with requirements of
Building Code Section 7010. I further certify that where the report or reports of an
engineering geologist, relative to this site, have recommended the installation of buttress
fills or other similar stabilization measures, such earthwork construction has been
completed in accordance with the approved design.
LOT NOS.
See report dated for compaction test data, recommended allowable soil
bearing values and other recommendations.
EXPANSIVE SOILS (YES) (NO) LOT NOS.
BUTTRESS FILLS (YES) (NO) LOT NOS.
REMARKS
Engineer Reg.No Date
signature
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
I'certify to the satisfactory completion of rough grading.including: grading to approximate
final elevations, property lines located and staked; cut and fill slopes correctly graded
and located in accordance with the approved design; swales and terraces graded ready for
paving, berms installed; and required drainage slopes provided on the building pads. I
further certify that where report or reports of an engineering geologist and/or soils
engineer have been prepared relative to this site, the recommendations contained in such
reports have been followed in the presecution of _t11f-, work.
LOT NOS. CN,-cAzY� U l I.3 f= l �:. 41 2 Z Ft; 'tom 1— l N c9 L �ir�i I�1�y �" )T- Cc%?+S / 1
REMARKS 5)--171 S 1= -1 C- 7'�,�t2.j �L t �1
C `
Engineer Reg. No. Date G - 2 2-' q,3
SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION
I certify to the satis y�p pletion of grading in accordance with the approved plans.
All required drainag orbit%?'
n installed; slope planting established. and irriga-
tion systems provi erA ; and adequate provisions have been made for drainage
of surface waters h bite. The recommendations of the soils engineer and/
or engineering g t (if ons were employed) have been incorporated in the work
:.OT NO$ . 13
2EMARKS
NO. 43?17 N
EXP 3-31-96
�ngineer��A q Reg. No. 4-3217 Date
�,.c.r .,0.UU3
C1 OF DIAMOND BAR
560 E. COPLEY DRIVE, SUITE 100
DIAMOND BAR, CA 91765
714660 -CITY 714-864-2489
�+ SUP£RV. U GRADING INSPECTION CERTIFICATE
309 ADDRESS/TRACT NO. 1?09 b)t �{.)p KF�I�L(r _¢'1�ZZ PERMIT NO._ X43? _
OWNER, P\�✓1r�� 1��� CONTRACTORFiCa(t+l�Ovr1� �++,
SOILS ENGINEER'S ROUGH GRADING ( TIFICATION
I certify that the earth fille laced on the following lots were installed upon competent
and properly prepared base mate al and compacted in compliance with requirements of
,and
code section 7410. I further certify that where the report or reports of an
engineering geologist, relative this site, have recommended the installation of buttress
fills or other similar stabi nation measures, such earthwgrk construction has been
completed in accordance with the pproved design.
LAT NOS.- / . - . -- -- -
See report dated_ for compaction test data, recommended allowable soil
bearing values and other recommei ations.
EXPANSIVE SOILS (YES) (NO) LOT 14
BUTTRESS FILLS (YES) (NO) LOT NO'
REMARKS
Engineer _ Reg.No Date
.signature -
SUPERVISING GRADING ENGINEER'S RcuGH,GRADIHG CERTIFICATION
I certify to the satisfactory completion of rough grading :including I grading to approximate
final elevations, property lines located and stakedl cut and fill slopes correctly graded
and located in acoordanca with the approved design) $wales and terraces graded ready for
paving, berms installed; and required drainage Slopes provided on the building pads. I
further certify that where report or reports of an engineering geologist and/or soils
engineer have been prepared relative to this site, the recommendations contained in such
reports have been followed in the presecution of—thB.work.
LOT Nos.
tsl•tARlc3_�jr��K�l) 11,1001 0r111�46!qI) K(JOLL 1aP. FIIVaL G;oIZfm(C- JT u-.asSi+1r5t=wli.�rry
:ngineer __ Reg. No. Date 4—IS- /913
>UPERvrsiNG GRADING ENGINEERS FINAL GRADING CERTIFICATivN
I certify to the satisfactory completion of grading in accordance wlkh the approved plans.
Allrequireddrainage devices have been installed) slope planting established. and irriga-
tion systems provid �cvlred)� and adequate provisions have been made for drainage
of surface water r��fQg site. The recommendations of the soils engineer and/
or engineering QtRj%T ,QIfersons were employed) have been incorporated in the work
,Ox NOS.
IEMARKS_ . a S NO. a�p17 -
,ngineer_ 1V\ EX -3vo
_Rag. No. )711 Date_� l CIVIlar trnnsrni QrtxT► /
n
M
d,
::3 '94 08 10 KENNETH WILCH & ASSOC 8189682185 P. 2/2
fi
:•. � - N ENGINEERS tsl SdStS� all
���
:=ynD SURVEYORS
t ;1ANDPLANNERS CONsucnrrr
CIVIL
F.N41NrtNs
2440 S. HACIENDA BLVD., SUI -11 124, I-IACIENDA HEIGHTS, CALIF. 91745 • (818) 369.6787 FAX ($Is) 968.2185
May 20, 1994
City of Diamond Bar
21660 East Copley Drive
Suite 190
Diamond Bar, California 91765-4177
Attention: George Wentz, Public works Director
Regarding: Grading Bond Deduction on Tract No. 47722, Diamond Knoll
Gentlemen: I
We hereby request a reduction in the grading bond on Tract No.47722
from $70,000.00 to $18,000.00.
The only remaining lots under this bona are 1, 2,3, 4, 5, 7 and 11.
Lot 3 has a completed home on it which will be ready for final
certification in a couple of weeks. The remaining lots only require `.
fine grading at the time of house construction. The estimated cost
of this work is $3,000.00 per lot totaling $18,000,00 for the six
remaining lots.
Please do not hesitate to call our office if you have any further
questions.
Very truly yours,
"NNETH A. WILCH & ASSOCIATES
0A"M 6-W'
KeTneth A. Wilch ;
i
KAW/plw
Z 0; I I W7 E I Plif 1'.
1�r�ir�dC�13,130
1,11NnWWO) 03AI3338
A DIVISION OF TERRAIN CONCEPTS INC. -
CITY OF DIAMOND BAK
AGENDA REPORT
AGENDA NO.
TO: Honorable Mayor & Members of the City Council
MEETING DATE: June 21, 1994 REPORT DATE: June 8, 1994
FROM: Lynda Burgess, City Clerk
TITLE: RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY
CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER
REQUIRED AS PROVIDED UNDER ELECTIONS CODE SECTION 14700
SUMMARY: On August 10, 1992, the City was presented with a "Petition for a Referendum Against
Resolution 92-44" adopting a General Plan. Said petition was certified as sufficient on
March 11, 1993.
As specified in Section 14700, et. seq. of the California Elections Code, "Elections
officials required by law to receive or file in their offices any initiative or referendum
petition shall preserve the petition until eight months after the certification of the results
of the election for which the petition qualified or, if the measure, for any reason, is not
submitted to the voters, eight months after the final examination of the petition by the
elections official. " Further, pursuant to Government Code Section 6253.5, destruction
of these records is limited to the City Clerk and Section 34090 specifies dt the method
by which records may be destroyed.
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 94 -XX approving the
destruction of petitions and photocopies thereof which are no longer required as
provided under Elections Code 14700, et. seq.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
Yes
_ No
by the City Attorney?
2.
Does the report require a majority vote?
X Yes
_ No
3.
Has environmental impact been assessed?
_ Yes
X No
4.
Has the report been reviewed by a Commission?
_ Yes
No
Which Commission?
5.
Are other departments affected by the report?
_ Yes
X No
Report discussed with the following affected departments:
7erre
IEWED B DEPARTMENT HEAD:
uf-4 I ij�,Vt - &�V�
W-7'
nce L. Belanger Frank M.Afsher JL Burgess
City Manager Assistant City Manager City Clerk
RESOLUTION NO. 94 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING THE DESTRUCTION BY THE
CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH
ARE NO LONGER REQUIRED AS PROVIDED UNDER ELECTIONS
CODE SECTION 14700
WHEREAS, it has been determined that certain City records under the
charge of the following City Department are no longer required for public or private
purposes:
CITY CLERK
WHEREAS, it has been determined that destruction of the above-
mentioned materials is necessary to conserve storage space and reduce staff time,
expense and confusion in handling and informing the public; and
WHEREAS, Section 14700 of the Elections Code of the - State of
California authorizes an elections official to destroy original referendum petitions and
photocopies thereof within eight (8) months after the final examination by the
elections official; and
WHEREAS, it is therefore desirable to destroy said records described as
"Petition for a Referendum Against Resolution 92-44" and photocopies thereof, in
storage, without retaining a copy thereof; and
Attorney.
WHEREAS, said records have been approved for destruction by the City
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
SECTION 1. That approval and authorization is hereby given the City
Clerk to destroy those records described as "Petition for a Referendum Against
Resolution 92-44."
Resolution.
SECTION 2. That the City Clerk shall certify to the adoption of this
PASSED, ADOPTED AND APPROVED this day of
, 1994.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was passed, adopted and approved at a regular
meeting of the City Council of the City of Diamond Bar held on the day of
1994, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City
of Diamond Bar
CITY OF DIt mor -TD BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of Council
MEETING DATE: June 21, 1994 REPORT DATE: June 16, 1994
FROM: Terrence L. Belanger, City Manager
TITLE:
Pomona Valley Humane Society Animal Control Services Agreement - Supplement No. 3.
SUMMARY:
Annually, the City Council is requested to review the Agreement for Animal Control Services with Pomona Valley Humane
Society and approve the annual supplemental payment.
RECOMMENDATION:
Approve Supplement No. 3 to the Agreement for Animal Control Services between the City of Diamond Bar and the
Pomona Valley Humane Society. Authorize the Mayor to sign Supplement No. 3 to the Agreement for Animal Control
Services.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
-2L Yes ! No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
N/A _ Yes _ No
4. Has the report been reviewed by a Commission?
N/A _ Yes _ No
Which Commission?
5. Are other departments affected by the report?
N/A _ Yes _ No
Report discussed with the following affected departments:
REVIEWED BY:
errence L. Belanger
City Manager
Frank shV�
Assistant City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: June 21, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Animal Control Services Contract
ISSUE STATEMENT:
As a part of their annual budget process, the Pomona Valley Humane Society is requesting that the City Council
review its agreement for animal control services.
RECOMMENDATION:
Approve Supplement No. 3 to the Agreement for Animal Control Services.
FINANCIAL SUMMARY:
Annual cost of $54,169.
BACKGROUND:
The City of Diamond Bar entered into an agreement with the Pomona Valley Humane Society of May 21, 1991. This
agreement commenced on July 1, 1991 and was effective for an initial term of 12 months. The agreement
automatically renews on an annual basis until termination by one of the parties.
The City agreed as partial consideration for services performed that the Humane Society was entitled to retain
various fees collected. In addition, the City agreed to supplement the income received by the Humane Society in an
amount which is to be annually determined.
It is being requested that the City Council approve compensation to the Pomona Valley Humane Society for Fiscal
Year 1994-1995. The amount requested for Fiscal Year 1994-1995 is $54,169. This is the first increase since the
inception of the contract in Fiscal Year 1991-1992. Funds have been provided in the proposed budget.
PREPARED BY:
Frank M. Usher
Assistant City Manager
SUPPLEMENT NUMBER 3
TO AGREEMENT FOR ANIMAL CONTROL SERVICES
This Supplement Number 3 is entered into by and between the CITY
OF DIAMOND BAR, a municipal corporation (hereinafter referred to as the
"City"), and THE HUMANE SOCIETY OF POMONA VALLEY, INC., a
corporation (hereinafter referred to as "Humane Society"), with respect to that
certain Agreement dated May 21 , 1991, relating to animal control services
which are provided by the Humane Society on behalf of City (hereinafter,
"the Contract"), this day of June, 1994:
AGREEMENT
The parties hereby acknowledge and agree that, under the provisions of
paragraph 10 of the Contract, the Contract has been renewed for an additional
period of one year commencing July 1, 1994 through and including June 30,
1995.
The parties further acknowledge that under paragraph 8 (b) of the
Contract, the City agrees to make supplemental payments to the Humane
Society in an amount which will be determined annually by the Humane
Society and the City; and that the annual supplemental payment for the 1994-
1995 year will be the sum of $54,169.00.
Except as expressly provided herein, all terms and conditions of the
Contract remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have affixed their
Page 1 of 2
signatures as of the date and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
HUMANE SOCIETY OF
POMONA VALLEY, INC.,
a California non-profit corporation
0
President
By:
Secretary
CITY OF DIAMOND BAR,
a municipal corporation
By:
Page 2 of 2
Mayor
SUPPLEMENT NUMBER 3
TO AGREEMENT FOR ANIMAL CONTROL SERVICES
This Supplement Number 3 is entered into by and between the CITY
OF DIAMOND BAR, a municipal corporation (hereinafter referred to as the
"City"), and THE HUMANE SOCIETY OF POMONA VALLEY, INC., a
corporation (hereinafter referred to as "Humane Society"), with respect to that
certain Agreement dated May 21 , 1991, relating to animal control services
which are provided by the Humane Society on behalf of City (hereinafter,
"the Contract"), this day of June, 1994:
AGREEMENT
The parties hereby acknowledge and agree that, under the provisions of
paragraph 10 of the Contract, the Contract has been renewed for an additional
period of one year commencing July 1, 1994 through and including June 30,
1995.
The parties further acknowledge that under paragraph 8 (b) of the
Contract, the City agrees to make supplemental payments to the Humane
Society in an amount which will be determined annually by the Humane
Society and the City; and that the annual supplemental payment for the 1994-
1995 year will be the sum of $54,169.0.
Except as expressly provided herein, all terms and conditions of the
Contract remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have affixed their
Page 1 of 2
signatures as of the date and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
HUMANE SOCIETY OF
POMONA VALLEY, INC.,
a California non-profit corporation
By:
President
CITY OF DIAMOND BAR,
a municipal corporation
By:
Page 2 of 2
Mayor
Animal Control Activity Report
JANUARY - DECEMBER
1993
Pomou
Ctarenlom
La Verne
Sen Dimas
Cnrno
Mmngair I Diamond Bar I
Ontarm
Cnmo Hills Covina
I West Covina �,
Outside
I TOTAL CALLS OF SERVICE
10,196
2.169
2.121
2.241
4.291
2.223
2.656
9,972
2,603
69
157
DAY
9,861
2,105
2,063
2.376
4,173
2,154
2.548
9,773
2,532
1
1
-
NIGHT
335
64
58
45
116
69
10B
199
71
68
156
II SERVICE TIME - IN HOURS
3.569
739
676
854
1 .500
773
961
3.390
1.041
50
121%
-
/
ANIMALS HANDLED
L StrayDw
2,995
363
355
411
1.041
480
381
2,326
564
530
896
338
b Stray Cat
2,867
402
456
549
1,227
609
514
2.540
432
729
649
38n
c. Owner PmeweDogs
1,146
154
153
1B0
379
219
255
B46
264
89
195
415
/
d. Owner Release Cat
448
96
122
ln5
734
R6
99
449
165
62
7n
7n5
J
e Misc.Anlmals*
807
269
422
469
309
138
500
583
307
54
89
115
I DoesAOOMC
363
103
87
94
194
64
178
280
155
45
76
945
i
c Cats A000teC
144
65
80
52
54
19
90
73
81
29
28
226
c Mlsc AdoateC
30
2
4
5
226
5
5
6
6
9
2
44
1
Doos Redeemed
497
115
136
138
230
102
165
399
181
107
150
189
Cats Redeemed
16
3
14
7
16
5
6
30
7
4
3
12
L Mac. Ratleemec
11
0
1
2
6
1
1
3
3
0
1
10
I Relocated
480
237
186
435
75
61
130
246
130
4
16
150
i
m DogsEumennet
2,608
248
247
296
838
421
313
1,984
395
324
650
482
n GalsEulnmed
3,289
440
491
584
1.478
641
446
3.220
485
801
972
473
o Misc-Eubmizec
3B4
88
145
186
123
47
244
236
121
26
64
46
�l
7.O.h -Dogs
764
62
64
87
193117
103
564
112-
24
47
G D.0.h - Cats
969
141
127
131
392
211
150
795
129
7
13
31
0.0.A - Mac
369
219
15E
1 A
132
42
220
196
13A
2
59
s iranslered ,'nther
104
22
11
14
4P
22
23
55
18
13
1
21
Ease.,
N/A
N/A
N/A
K/A
110
55
K!A
750
B9
L Cruets
409
29
Sc
64
137
76
76
404
118
V Violations**
1,381
181
2n4
189
479
21 R
295
1,273
624
III LICENSE INFORMATION
684:
a CalLearses
4,35n.nn
b Dog Licenses
8,027
7,R24
2,857
3,007
5,n17
1,864
,.inn
8,654
3,120
c DOP L— Revsnoc $
136,690.00
39,720.00
40,075.00
45.150.00
78.980.00 23,241.25
63.420.Onl20.290.00
50.760.On
1
* Farm Animals h Wildlife
**I eRSh lRw h Rarktna
Pomna Val Iev I
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
1994-1995
PROPOSED BUDGET
CONTRACTING ANIMAL CONTROL SERVICES
FOR THE CITIES OF
POMONA CLAREMONT LA VERNE SAN DIMAS
CHINO MONTCLAIR DIAMOND BAR
ONTARIO CHINO HILLS
Second Version
07/25/94x
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
BUDGET
1994 - 1995
TOTAL 1994, - 1995 BUDGET
ANIMAL CONTROL RESPONSIBILITY 1,815,909
HUMANE ACTIVITY RESPONSIBILITY 268,331
TOTAL $ 2,084,240
PROJECTED ANIMAL. CONTROL REVENUE
Budget
Calendar Year
Budget
Name of Account
1993-1994
1993 _
1994__1995
Sale of Dog Licenses
$ 622,000
$ 605,022
$ 697,000
Animal Impound Fees
60,000
63,246
62,000
Ambulance/Owner Release fees
40,000
54,199
40,000
Veterinary Fees
1,000
1,364
2,000
Court Fines
1,000
415
1,000
Rabies Vaccinations
0
5,700
6,000
Interest Income
1,000
4,690
4,000
City Contracts
1,003,909
TOTALS
$ 725,000
$ 734,636
$1,815,909
W/9a
POMONA VALLEY HUMANE SOCIETY
BUDGET 1994 - 1995
PAGE 2
PROJECTED HUMANE ACTIVITY REVENUE
Budget
Calendar Year
Budget
Name of Account
1993-1994
1993
1994-1995
Shelter Service
$ 0
$ 74,500
$ 37,000
Owner Release Fees
10,200
See A/C
11,000
Cat Registration
200
596
500
Adoptions - Dogs
40,000
39,290
42,000
Adoptions - Cats
12,000
11,147
12,000
Adoptions - Misc.
1,000
1,313
1,000
Vaccination Fees
18,000
26,349
27,000
Donations
10,000
7,183
6,000
Misc. Income
2,000
9,274
9,000
Interest Income
1,000
See A/C
2,000
Pet Supplies
15,000
15,234
17,000
Fundraisers
120,150
93,247
103,831
TOTALS
$229,550
$278,133
$268,331
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
BUDGET 1994 -1995
PAGE 3
ADMINISTRATIVE SERVICES EXPENDITURES
Percent
Budget
Calendar
Budget
Animal
Humane
AC -HA
1993-1994
1993
1994-1995
Control
Activities
Office Supplies
93-7
$ 9,000
$ 11,725
$ 12,000
$ 11,160
$ 840
Advertising
93-7
5,000
798
2,000
1,860
140
Community Awareness
and Education
50-50
10,000
11,154
25,000
12,500
12,500
In -Service Training
93-7
10,000
20,723
10,000
9,300
700
Dog Licensing
100AC
25,000
48,648
35,000
35,000
0
Pet Supplies
100AC
10,000
8,907
12,000
0
12,000
Insurance
93-7
50,000
35,127
40,000
37,200
2,800
Utilities
93-7
22,000
23,536
55,000
51,150
3,850
Professional Srv.
93-7
22,000
25,590
18,000
16,740
1,260
Postage
93-7
40,000
49,461
42,000
39,060
2,940
Dues/Subscriptions
93-7
4,500
1,779
2,000
1,860
140
Promotion & Admin.
50-50
6,500
18,421
13,000
6,500
6,500
Employee Relations
93-7
4,000
7,404
6,000
5,580
420
Animal Welfare Proj.100HA
75,000
67,004
75,000
0
75,000
Misc. Expenses
93-7
6,000
1,740
6,000
5,580
420
TOTALS
$311,000
$332,017
$353,000
$233,490
$119,510
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
BUDGET 1994 - 1995
PAGE 4
ANIMAL CONTROL FIELD OPERATIONS EXPENDITURES
Budget
AC -HA
Budget
calendar
Control
Percent
1993-1994
1993
Veterinary Fee Exp.
100AC
$ 15,000
$ 16,347
Safety Equipment
65,000
0
10,000
& Supplies
100AC
7,000
5,707
Vehicles - Gas &
12,000
12,000
0
Maintenance
100AC
60,000
67,854
Uniform Expense
93-7
6,500
4,551
communications
Service Contract
100AC
12,000
8,540
Communication Expense
(La Verne Dispatch)
100AC
16,000
17,417
TOTALS
$116,500
$120,416
ANIMAL CONTROL KENNEL
OPERATIONS
EXPENDITURES
Kennel Supplies
93-7
$ 10,000
$ 12,663
Animal Feed Expense
93-7
12,000
18,555
Disposal Fee Expense
93-7
14,000
16,956
Medical Supply/
Vaccination Expense
50-50
14,000
30,477
Maintenance/Repair
to Shelter
93-7
30,000
31,949
TOTALS
$ 80,000
$110,600
Budget
Animal
Humane
1994-1995
Control
Activities
$ 16,000
$ 16,000
0
7,000
7,000
0
66,000
65,000
0
10,000
9,300
700
12,000
12,000
0
12,000
12,000
0
$122,000
$121,300
$ 700
13,000
$ 12,090
910
25,000
23,250
1,750
22,000
20,460
1,540
40,000
20,000
20,000
32,000
29,760
2,240
$132,000
$105,560
$ 26,440
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
BUDGET 1994 - 1995
PAGE 5
ADMINISTRATIVE SALARIES
Executive Director
Benefits/Taxes
Administrative & Clerical
Overtime
Benefits/Taxes
Humane Education - 2
Benefits/Taxes
Community Relations
Benefits/Taxes
TOTAL ADMINISTRATIVE
FIELD SALARIES
Field Supervisor
Benefits/Taxes
Animal Control/Humane
Officers & Dispatcher (14)
Overtime
Benefits/Taxes
TOTAL FIELD SALARIES
AC -HA
Budget
Budget
Animal
Humane
Percent
1993-1994
1994-1995
Control
Activity
80-20
$ 79,750
$ 81,740
$ 65,392
$ 16,348
80-20
20,500
21,000
16,800
4,200
93-7
211,500
221,000
205,530
15,470
93-7
8,000
4,000
3,720
280
93-7
46,000
47,200
43,896
3,304
50-50
58,000
63,000
31,500
31,500
50-50
11,500
12,500
6,250
6,250
50-50
42,000
43,100
21,550
21,550
50-50
8,400
8,500
4,250
4,250
$485,650
$502,040
$398,888
$103,152
100AC
$ 35,000
$ 36,000
$ 36,000 $ 0
100AC
10,200
10,300
10,300 0
100AC
296,500
305,700
305,700 0
100AC
38,000
30,000
30,000 0
10OAc
93,000
95,500
95,500 0
$472,700
$ 477,500
$ 477,500 $ 0
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
BUDGET 1993 - 1994
PAGE 6
KENNEL SALARIES
Kennel Attendants -(7)
Overtime
Benefits/Taxes
TOTAL KENNEL SALARIES
LICENSING SALARIES
Licensing Clerks/Canvassers
3 Full - 2 Part -Time
5 Canvasers
Overtime
Benefits/Taxes
TOTAL.LICENSING SALARIES
AC -HA
Budget
Budget
Animal
Humane
Percent
1993-1994
1994-1995
Control
Activity
93-7
$ 165,500
$ 172,200
$ 160,146
$ 12,054
93-7
10,000
7,500
6,975
525
93-7
46,000
50,000
46,500
3,500
$ 221,500
$ 229,700
$213,621
$ 16,079
100AC $ 95,000 $ 160,000 $ 160,000 $ 0
100AC 5,000 3,000 3,000 0
100AC 20,000 25,000 25,000 0
$ 120,000 $ 188,000 $ 188,000 $ 0
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
BUDGET 1993 -1994
PAGE 7
CAPITAL PROGRAM
Humane
Activity
0
700
1,050
700
0
TOTALS $ 65,000 $ 80,000 $ 77,550
$ 2,450
AC -HA
Budget
Budget
Animal
Percentage
1993-1994
1994-1995
Control
Vehicle Replacement
100AC
$ 45,000
$ 45,000
$ 45,000
Kennel Equipment
93-7
0
10,000
9,300
Office/Computer
93-7
15,000
15,000
13,950
Equipment
Alarm System
93-7
0
10,000
93,00
Mobile Radios
100AC
5,000
0
0
Humane
Activity
0
700
1,050
700
0
TOTALS $ 65,000 $ 80,000 $ 77,550
$ 2,450
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
BUDGET 1993 - 1994
PAGE 8
1994-1995
1993-1994
PROPOSED ANIMAL CONTROL BUDGET
BUDGET
BUDGET
Salaries with Overhead
$
1,278,009
$
1,186,990
General Operations
460,350
381,160
Capital Expenditures
77,550
63,950
TOTAL PROPOSED ANIMAL CONTROL BUDGET
$
1,815,909
$
1,632,100
PROPOSED HUMANE ACTIVITY BUDGET
Salaries with Overhead
$
119,231
$
114,160
General Operations
146,650
114,340
Capital Expenditures
2,450
1,050
TOTAL PROPOSED HUMANE ACTIVITY BUDGET
$
268,331
$
229,550
PROPOSED CONSOLIDATED BUDGET
Total Salaries with Overhead
$
1,397,240
$
1,301,150
Total General Operations
607,000
495,500
Total Capital Expenditures
80,000
65,000
TOTAL PROPOSED CONSOLIDATED BUDGET
$
2,084,240
$
1,861,650
POMONA VALLEY HUMANE SOCIETY & S.P.C.A.
BUDGET 1993 - 1994
1994 - 1995 ANIMAL CONTROL COST BREAK -DOWN
City
_
Population
Service
Cost
POMONA
27%
$ 137,300
$ 327,351
CLAREMONT
6%
32,700
72,744
LA VERNE
5%
31,350
60,621
SAN DIMAS
6%
33,500
72,744
CHINO
11%
61,300
133,365
MONTCLAIR
6%
29,850
72,744
DIAMOND BAR
7%
54,300
84,869
ONTARIO
25%
140,600
303,102
CHINO HILLS
7%
45,600
84,869
COVINA/
71,469
62,654
37,000
WEST COVINA
(1/2)AC
37,000
N/A
TOTALS
100%
$ 603,500
$1,212,409
au9a
A.C. Responsibility $ 1,838784
1994-1995
1993-1994
Cost
Revenue
Net Cost
Net Cost
$ 464,651
$ 172,000
$ 292,651
$ 276,216
105,444
53,000
52,444
48,898
91,971
52,000
39,971
37,395
106,244
48,000
58,244
54,274
194,665
99,000
95,665
89,352
102,594
29,000
73,594
68,708
139,169
85,000
54,169
49,826
443,702
215,000
228,702
200,000
130,469
59,000
71,469
62,654
37,000
N/A
37,000
N/A
$1,815,909
$ 812,000
$1,003,909
$ 887,323
POMONA VALLEY
May 24, 1994
HUMANE SOCIETY
S. P. C. A.
Society for the
Prevention of
Cruelty to Animals
Mr. Terrance Belanger, City Manager
City of Diamond Bar
21660 East Copley Drive
Diamond Bar, California 91765
Dear Terry:
I have enclosed the Humane Society's 1994-95 Budget and
Animal Control Contract Supplement for your review and approval.
It is a pleasure working with you and the City of Diamond Bar to
provide quality animal care and control service. I'm looking
forward to another productive year.
If you should have any questions please contact me at 909-620-7193.
Sincerely Yours,
William C. Har ord
Executive Director
500 Humane Way - Pomona, California 91766 - 909/623-9777
"Working Together Since 1949 For The Benefit Of All Living Things"
�m
V77
er4 s
j
t
i -j
--Q
CIO
ATI
I have enclosed the Humane Society's 1994-95 Budget and
Animal Control Contract Supplement for your review and approval.
It is a pleasure working with you and the City of Diamond Bar to
provide quality animal care and control service. I'm looking
forward to another productive year.
If you should have any questions please contact me at 909-620-7193.
Sincerely Yours,
William C. Har ord
Executive Director
500 Humane Way - Pomona, California 91766 - 909/623-9777
"Working Together Since 1949 For The Benefit Of All Living Things"
CITY OF DIAMOND BAR /
AGENDA REPORT AGENDANO. I
TO: Honorable Mayor and Members of the City Council
MEETING DATE: June 21, 1994 REPORT DATE: June 16, 1994
FROM: Troy L. Butzlaff, Assistant to the City Manager
TITLE: Ordinance 02A (1990) amending Ordinance 2 (1990) Adopting
Requirements and Standards Relating to the Collection, Recycling,
Transportation, and Disposal of Solid Waste, Recyclable and Compostable
Materials. Second Reading.
SUMMARY: On June 7, 1994, the City Council conducted a duly noticed public hearing, received public
testimony, and approved for first reading, by title only, Ordinance 02A (1990) An Ordinance of the City
Council of the City of Diamond Amending Ordinance 02 (1990) Adopting Requirements and Standards
Relating to the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable and
Compostable Materials.
RECOMMENDATION: It is recommended that the City Council approve second reading and adopt
Ordinance 02A(1990) entitled: Ordinance 02A(1990) An Ordinance of the City Council of the City
of Diamond Amending Ordinance 02 (1990) Adopting Requirements and Standards Relating to
the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable and
Compostable Materials
LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
X Ordinances(s)
_ Agreement(s)
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environmental impact been assessed? N/A
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belanger R -nk ..'Usher
City Manager Assistant City Manager
X Yes —No
_ Yes_ No
_ Yes � No
_Yes _XNo
Troy L. tzlaff
As o the City Mantic er
ORDINANCE NO. 02A (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING ORDINANCE 02 (1990) ADOPTING REQUIREMENTS
AND STANDARDS RELATING TO THE COLLECTION, RECYCLING
TRANSPORTATION, AND DISPOSAL OF SOLID WASTE,
RECYCLABLE AND COMPOSTABLE MATERIALS.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SF,CTION 1: Ordinance 02 (1990) of the City of Diamond Bar hereby is amended to
read, in words and figures, as follows:
SECTION 2: The following provisions are hereby adopted as the Collection, Recycling,
Transportation, and Disposal of Solid Waste, Recyclable, and Compostable Materials Ordinance
of the City of Diamond Bar to read, in words and figures, as follows:
"Solid Waste, Recyclable, and Cornpostable Materials Collection
"Section 1
Legislative Policy,
Section 2
Definitions.
Section 3
Authority of City Council to Issue Permits.
Section 4
Permits for Refuse Collection and Establishment of Collection Fees.
Section 5
Unlawful Collection.
Section 6
Permittee to have Exclusive Rights --Exception.
Section 7
Collection in Emergencies.
Section 8
Hours of Collection.
Section 9
Refuse Collection --Spillage.
Section 10
Residential Refuse Containers.
Section 11
Commercial Refuse Bins.
Section 12
Replacement of Containers for Collection.
Section 13
Time and Date of Placement of Containers.
Section 14
Refuse Removal.
Section 15 Refuse Disposal.
Section 16 Special Provisions Regarding Method of Disposal.
Section 17 Burning, Burial or Dumping.
Section 18 Duration of Storage.
Section 19 Use of Trucks.
Section 20 No Parking of Refuse Trucks on any Public Highway.
Section 21 Trucks --Equipment Required.
Section 22
Specifications and Restrictions on Collection Trucks.
Section 23
Truck Inspection.
Section 24
Permittee's Local Telephone Number.
Section 25
Permittee's Employees.
Section 26
Permit for Removal of Refuse --Prerequisites.
Section 27
Permit Issuance.
Section 28
Charges for Service.
Section 29
Right of Provision Modification.
Section 30
Right to Grant Franchise.
Section 31
Penalty for Violation of Chapter.
Section 32
Civil Remedies Available.
Section 33 Severability.
"Section 1. Legislative Policy. The City Council finds and determines that storage,
accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other
discarded material is a matter of great public concern, in that improper control of such matters
creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect
breeding and rat infestation and other problems affecting the health, welfare and safety of the
residents of Diamond Bar and surrounding cities. The City Council further recognizes that
recycling and waste reduction is of national, regional, and local importance, and that the adoption
of uniform regulations for the collection, disposal, recycling, and transportation of solid waste,
recyclable and compostable materials as provided in this Ordinance are designed to eliminate or
alleviate such problems.
"Section 2. Definitions. For the purpose of this Ordinance, the following words and
phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the
context that a different meaning was intended:
"A. 'AB 939' means the California Integrated Waste Management Act of 1989, as it
OA
may be amended from time to time, and as implemented by the regulations of the
California Integrated Waste Management Board.
T. 'AB 939 Administrative Fee' means the fee or assessment set by the City which is
intended to offset the City's expenses in administering this Ordinance and to
compensate City for the costs associated with compliance to the California
Integrated Waste Management Act of 1989 (AB 939). Any fee or assessment
imposed under this Ordinance, shall be those which the City Council may from
time to time hereafter approve by resolution.
T. 'Animal Waste' means manure, fertilizer, or any form of solid excrement produced
by any and all forms of domestic animals or commercial livestock.
"D. Bins' means those containers provided by Permittee for commercial, industrial,
construction and residential unit uses. Bins are usually two (2) to six (6) cubic
yards in size, which are picked up by refuse trucks by means of front loading
apparatus.
"E. 'Bulky Goods' means discarded household furniture, furnishings or appliances,
including white goods; automobile parts, including tires; rock or brick in reusable
form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in
bundles not exceeding eighteen (18) inches in diameter or four (4) feet in length
and other items the size or weight of which precludes or complicates their handling
by normal collection, processing or disposal methods.
"F. 'City' means the City of Diamond Bar.
"G. 'City Clerk' means the City Clerk of the City of Diamond Bar.
"Fl. 'City Manager' means the City Manager of the City of Diamond Bar or his designee.
"I. 'City Limits' means the boundaries of the City together with all amendments and
changes thereto, which boundaries are shown by maps incorporated herein by
reference and which are on file in the office of the City Clerk.
U. 'Council' means the City Council of the City of Diamond Bar.
"K. 'Commercial Solid Wastes' include all types of solid wastes generated by stores,
offices, governmental institutions and other commercial sources, excluding
single-family residential solid waste.
"L. 'Commercial Unit' means any commercial business, industrial complex, certain
multi -family residences, any mobile home park, any hotel or motel, any office
building, or retail establishment which utilizes bins or other containers, as defined
in this Ordinance, for the collection of solid waste and recyclables..
"M. 'Compostable Materials, Green Waste or Yard Waste means leaves, grass
clippings, brush, branches and other forms of organic waste generated from
landscapes or gardens, separated from other solid waste. Compostable Materials
does not include stumps or branches in bundles exceeding eighteen (18) inches in
diameter or four (4) feet in length.
"N. 'Construction and Demolition Waste' means the waste building materials,
packaging, plaster, drywall, cement and rubble resulting from construction,
remodeling, repair and demolition operations on pavements, buildings and other
structures, (except asbestos- containing materials and reusable rock or brick).
"O. 'Garbage, Refuse or Solid Waste' means putrescible and non-putrescible solid and
4
semisolid material generated in or upon, related to the occupancy of, remaining in
or emanating from residential or commercial/industrial units, such as ordinary
household garbage, refuse, rubbish, paper, ashes, industrial wastes, demolition and
construction wastes, as well as, dead animals of less than fifty (50) pounds in
weight, every accumulation of animal waste, vegetable or other matter which
results from the processing, consumption, decay or decomposition of meats, fish,
fowl, birds, fruits, grains or other animal or vegetable matter normally resulting
from domestic, institutional, commercial, industrial, agricultural, and other
community activities, and other discarded wastes as defined in California Public
Resources Code Section 49503, but excluding certain special waste and materials
set out for recycling, and composting. Solid waste shall not include any hazardous
wastes as defined herein.
"P. 'Hazardous Waste' means any waste materials or mixture of wastes defined as such
pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 dt sea.,
or the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), 42 U.S.C. ss 9601 eta, and all future amendments to either of
them, or as defined by the California Environmental Protection Agency or the
California Integrated Waste Management Board, or either of them. Where there is
a conflict in the definitions employed by two or more agencies having jurisdiction
over hazardous or solid waste, the term "Hazardous Waste" shall be construed to
have the broader, more encompassing definition.
"Q. 'Industrial Waste' means all solid waste and semi-solid waste which results from
5
industrial processes and manufacturing operations.
"R. 'Multi -Family Units' means residential units such as apartments, condominiums and
townhomes, other than Single Family Dwellings, which utilize bins or other
containers, as defined in this Ordinance, for the collection of solid waste and
recyclables.
"S. 'Municipal Solid Waste' means all Solid Waste generated within the City which is
designated for collection under this Ordinance.
"T. 'Occupant' means and includes every owner of, and every tenant or person who is
in possession of, is the inhabitant of, or has the care and control of, an inhabited
residence.
"U. 'Permit' means the written authority by City and evidenced by this Ordinance
granting a qualified refuse collector the right and privilege to: (1) arrange for the
collection of, and to collect refuse, rubbish and other forms of solid waste, (2)
transport to landfill or other licensed disposal facilities as determined by Permittee
unless otherwise specified by City, and (3) recycle from collected refuse,
compostables and recyclable materials, all solid waste, green waste and recyclables
kept, generated and/or accumulated within the City.
" V. Permittee' means the individual, firm, corporation, association, or group or
combination acting as a unit that has been authorized by the City Council to
collect refuse within the City pursuant to this Ordinance.
"W. 'Public Highway' means any public street, alley, road, public place or highway,
R
except state freeways, open to and used by the travelling public and not used as a private
right-of-way within the City.
"X. Recyclable Material' means any material generated on or emanating from
residential or commercial/industrial units which is no longer useful or wanted and
has the potential of being reused or processed into a form suitable for reuse
through reprocessing or remanufacture, consistent with the requirements of the
California Integrated Waste Management Act. Such material may include, but is
not limited to paper, newsprint, printed matter, pasteboard, paper containers,
cardboard, glass, aluminum, PET and other plastics, beverage containers,
compostable materials, used motor oil and such other materials designated by
City's City Manager, or designated as recyclables by the California Integrated
Waste Management Board, or other agency with jurisdiction, and which are
collected by Permittee pursuant to this Ordinance.
"Y. Recycling Container' means a container of a size, design, and weight prescribed by
the City Council by Resolution and delivered to residences covered by this
Ordinance, for the temporary storage and collection of Recyclables.
"Z. 'Refuse Collector' means any person or persons, firm, copartnership, joint venture,
association or corporation engaged in the collection, transportation and/or disposal
of solid waste and/or recyclable materials.
"AA. Residential Solid Waste' means all types of domestic garbage which originate from
residential properties which utilize one or more individual residential type solid
h
waste containers, including any household hazardous waste which may be found to have
been placed in the residential solid waste stream.
"BB. 'Residential Units' means any structure occupying one or more parcels of land
which contain or have located thereon a single-family residence or in some
situations a multi -family dwelling used for living purpose.
"CC. 'Scavenging' means the uncontrolled and unauthorized removal of any recyclable
materials, as defined by California Public Resources Code Section 41950 and
41951, or solid waste without a permit pursuant to this Ordinance
"DD. 'Single -Family Residence or Single -Family Dwelling' means a detached building, or
each unit of a duplex or triplex, of permanent character placed in a permanent
location, which utilizes one or more individual residential type solid waste
containers.
"EE. 'Solid Waste Containers' means a container of a size, design, and weight prescribed
by the City Council and utilized by single-family residences or certain multi -family
units. The term "Solid Waste containers" does not include Bins used by multifamily
residences.
"FF. 'Special Wastes' means any solid waste fisted in Section 66740 of Title 22 of the
California Code of Regulations, or any waste which has been classified as a special
waste by the City Council, including, but not limited to, any material which
because of its source of generation, physical, chemical, or biological characteristics
or unique disposal practices, is specifically conditioned in the solid waste facilities
permit for handling and/or disposal.
8
"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.
"Section 3. Authority of City Council to Issue Permits for Disposal and Collection. The
Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989 ("AB 939"), has declared that it is within the public's interest to
authorize and require local agencies to make adequate provisions for solid waste handling within
their jurisdictions. California Public Resources Code Section 40059, as amended from time to
time or any successor provision or provisions thereto, authorizes the City to determine (i) all
aspects of solid waste handling which are of local concern, including, but not limited to, frequency
of collection, means of collection and transportation, level of services, charges and fees, and
nature, location, and extent of providing solid waste handling services; and (ii) whether the
services are to be provided by means of nonexclusive franchise, contract, license, permit, or
otherwise, either with or without competitive bidding. The City Council has now therefore
determined, pursuant to California Public Resources Code Section 40059(a)(1), that the public's
health, safety and well-being require that permits be granted to qualified solid waste contractors
for solid waste collection, recycling, composting and disposal services in residential, commercial,
construction and industrial areas within the City of Diamond Bar.
"Section 4. Permits for Refuse Collection and Establishment of Collection Fees. The
Council determines that the disposal and/or collection of refuse, trash, rubbish or other solid
9
waste is a service to be performed in the City in accordance with the provisions of this Ordinance.
The City may from time to time issue permits to those parties meeting the criteria of this
Ordinance and such other standards as may be established by resolution of the City Council
regarding the collection of refuse, rubbish and other forms of solid waste from residential and
commercial units. So long as any such permit remains in force, collection of material provided for
herein may be made only in accordance with the terms and conditions thereof. Fees and charges
for such collection, removal and disposal services shall be those which the Council may from time
to time hereafter approve by resolution. No person shall engage in the business of collecting,
removing or disposing of any refuse, trash, recyclable and/or compostable material, or other solid
waste including hazardous wastes or infectious medical waste, within the City from any residential
or commercial units, nor transport the same over any public highway or rights-of-way, unless a
permit to do so has first been obtained from the Council and such person complies with the
provisions of this Ordinance and any other regulations which have been adopted pursuant to this
Ordinance.
"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.
"D. No provision of this Chapter shall prevent the occupant of a residential unit
or commercial unit from selling to a buyer, for a monetary or other valuable consideration, any
source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-
product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging
material, paper or other similar item generated in, on or by a residential or commercial unit, and
no longer useful to the same, but having no market value, whether such buyer is a recycler, junk
11
dealer, or other enterprise engaged in the business of buying and marketing such materials in the
stream of commerce; provided, however, that such buyer is not engaged in the business of
collecting solid waste for a fee or other charge or consideration, and that no such materials are
transported for disposition to a landfill or transfer station as defined in California Public
Resources Code Section 40200.
"E. The collection and removal of recyclable material, including but not limited
to, glass, newspapers, aluminum and cardboard, that are separated either for reuse or for the
manufacture of new products shall not be exempt from the provisions of this Ordinance;
however, such activities may be the subject of a separate permit at the discretion of the Council.
"F. The removal and disposal of refuse from a residential unit by the occupant
or owner thereof shall be exempt from the refuse permit system, subject to the provisions of
Section 13 of this Ordinance.
"Section 6. Permittee to have Exclusive Rights-- Exception. Excepting existing rights that the
City reserves to itself, or as otherwise provided in this Ordinance, persons to whom the City may
issue a permit and the agents, servants and employees of any such person, while the permit is in
effect, shall have the exclusive right to gather, collect and remove refuse, recyclable and/or
compostable material, and other waste material from any residential or commercial unit within the
City subject to such terms and conditions as the Council may apply to the issuance of such permit.
"Section 7. Collection in Emergencies.
"A. In the event that the collection, transportation and/or disposal services of Permittee
12
are temporarily interrupted or discontinued for any of the following reasons: riots, wars,
sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods,
earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other
catastrophic events which are beyond the reasonable control of Permittee, for a period of more
than seventy-two (72) hours, and if as a result thereof, refuse, compostables and recyclables
should accumulate in City to such an extent, in such a manner, or for such a time that the City
Manager should find that such accumulation endangers or menaces the public health, safety or
welfare, the City shall have the right, upon twenty-four (24) hour prior written notice to
Permittee, during the period of such emergency, to issue limited permits to private
persons or corporations to perform any of the services regulated by this Ordinance or
temporarily take possession of any or all equipment and facilities of Permittee previously
used in the collection, transportation and disposal of refuse, compostables and recyclables
under this Ordinance, and to use such equipment and facilities to collect and transport
any or all refuse, compostables and recyclables which Permittee would otherwise be
obligated to collect and transport pursuant to this Ordinance. Permittee agrees that in
such event it will fully cooperate with City to effect such a transfer of possession for
City's use.
"B. Permittee agrees that, in such event, City may take temporary possession of
and use all of said equipment and facilities without paying Permittee any rental or other
charge, provided that City agrees that, in such event, it assumes complete responsibility
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
13
Permittee upon receipt of written notice from Permittee to the effect that it is able to
resume its normal responsibilities under this Ordinance.
"Section 8. liours of Collection.
"A. Collection from residential areas shall be made between the hours of 6:30 a.m. and
6:30 p.m, on weekdays only. Collections from commercial and industrial locations may begin at
6:00 a.m. provided, however, that the permittee's operations do not disrupt the peace and quiet of
adjoining residential neighborhoods. The City Manager may require a permittee to change hours
of operation in commercial and industrial areas if it can be determined that said operations have a
detrimental affect upon the peace and quiet of adjoining residential neighborhoods.
"B. In order to prevent problems of traffic, noise, wear and tear to public highways, or
other problems having the potential to adversely affect the health, safety, and the general quality
of life of the community, the City Council may regulate the routes, intervals, delivery points, and
days for collection by permittees operating within the City.
"C. The City Council may waive the requirements of this Section when necessitated by
conditions beyond the control of the permittee.
"D. The days and hours of collection, transportation and/or disposal services of Permittee
may be established by resolution of the City Council from time to time hereafter.
"Section 9. Refuse Collection --Spillage. Permittee shall exercise all reasonable care and
diligence in collecting refuse and recyclable material so as to prevent spilling, scattering or
14
dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence,
clean up any such spillage.
"Section 10. Residential Refuse Containers.
"A. Permittee shall, at a minimum, provide a 100 -gallon container or suitable
alternative, as approved by the City Manager, for the collection of refuse from Single
Family Residences within the City. Any container provided by Permittee, pursuant to
this Section, shall be at the Permittee's expense and shall meet the specifications for
containers as set forth by Resolution of the City Council.
"B. Nothing in this Section shall prohibit any tenant, lessee or occupant of any
Residential Unit to provide without expense to the City their own container providing that the
container is specifically designed for the containment of refuse, or watertight metal or plastic
containers except as hereinafter provided, which shall have suitable bales or handles and a tight-
fitting cover which shall prevent leakage or escape of odors, and which when filled within four
inches of the top shall contain all refuse which would ordinarily accumulate on such units between
collections. The exterior of such containers, including covers, shall be kept clean from
accumulated grease or decomposing materials. Except when placed in accordance with Section
12 hereof for collection purposes, refuse containers shall be kept and maintained only in storage
locations permitted by the Diamond Bar Zoning Ordinance, as the same presently exists or as
may be amended from time to time, or as specified by use permit or other entitlement for use.
"C. Permittee shall provide a container(s) or suitable alternative, as approved by
the City Manager, capable of storing a minimum of 36 -gallons of commingled
15
recyclables as defined by this Ordinance. It shall be the duty of every tenant, lessee or
occupant of any Residential Unit to maintain said containers in a reasonable safe and secure
manner.
"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. 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.
T. 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.
"G. Extra or unwanted cardboard boxes shall be flattened and tied in bundles not
exceeding four feet in length nor fifty pounds in weight.
"H. 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.
"Section 11. Commercial Refuse Bins.
"A. Permittee shall collect and remove all solid waste that have been
16
placed in bins, from all commercial, industrial, and multi -family residences with the
City at least once every week or more frequently if required to handle the waste stream
of the premises where the bins are located. Permittee shall provide a bin suitable to
each commercial, industrial and multi -family residences for the collection of
refuse.
"B. Each such bin employed solely for the accumulation of commercial garbage
shall be of durable metal or plastic construction, water tight and shall be equipped with a tight-
fitting metal or plastic cover. The use of oil drums of fifty gallon capacity or more is specifically
prohibited.
"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
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.
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"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.
"C. Refuse, recyclables, compostables, salvage and other special waste, as defined
herein, which exceeds the limitations hereinabove set out may, in the discretion of the permittee,
be scheduled for special collection upon the application of the owner or occupant of the premises.
Special collection charges may be assessed by the permittee for this service with prior approval of
above-mentioned occupant of the premises and subject to any requirements set forth in the permit.
"D. No person, other than the owner thereof, the owner's agents or employees
or an officer or employee of the City or a permittee's agents or employees authorized for such
purposes, shall tamper or meddle with any container or bin used for the collection of refuse and
18
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 17.33 11L 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 16. 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
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.
19
T. 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.
"F. Permittee may, but is not required to, provide such collection,
transportation and disposal services for Special Wastes as defined herein. Permittee may
provide such service for Special Wastes if contracted to do so by customers under
separate written contracts negotiated between Permittee and the customer generating such
Special Wastes.
"G. Permittee, at Permittees' sole expense, shall collect up to five (5)
quarts of uncontaminated waste motor oil per Single -Family Residences per month.
Waste motor oil must shall be placed at the curb on the same day of the week as usual
refuse collection in a resealable plastic container and be clearly identified as used and/or
waste motor oil. Permittee shall collect used motor oil in containers that have been
placed at curbside at no additional charge to service recipients. Permittee shall exercise
20
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.
"Section 17. Burning, Burial or Dunipirig.
"A. It shall be unlawful for any person to place, deposit or dump, or cause to be
placed, deposited or dumped any solid waste, recyclable material, hazardous waste or infectious
waste of any kind whatsoever upon any private or public property within a distance of one
thousand (1,000) feet from any public highway in the City, or within a distance of five hundred
(500) feet from any residential or commercial unit, or to cause or suffer or permit such solid
waste, recyclable material, or infectious waste to be placed, deposited or dumped upon any public
or private property within a distance of one thousand (1,000) feet of any public highway or
within a distance of five hundred (500) feet from any residential or commercial unit within the
City, without first having obtained a use permit pursuant to the zoning laws of the City, County,
and State of California, or pursuant to any other zoning law that may be hereafter adopted in the
place and stead of said zoning laws of the City. The provisions of this Section shall not apply to
solid waste, recyclable materials, hazardous waste or infectious waste placed into a container for
pick-up by a refuse collector operating pursuant to a permit issued under this Ordinance.
"B. No person shall burn, bury or dump any refuse, recyclable material,
hazardous waste or infectious waste within the City at any time, without having first complied
with all rules and regulations of the City, the County, the South Coast Air Quality Management
District, or any other agency with jurisdiction.
21
"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);
T. The above periods of time which end in any week in which a holiday occurs
are extended one additional day.
"Section 19. Use of Trucks. Any persons who desire to operate privately owned refuse,
trash or recycling vehicles under provisions of this Ordinance shall utilize vehicles that are
registered with the Department of Motor Vehicles of the State of California, and are of
a size, weight, nature and type to be minimally intrusive on the community with respect
to noise, emissions, maneuverability, safety, fuel efficiency, and other factors necessary
to minimize the impacts of the Permittees' services. The City Manager shall require the
permittee to remove from service or repair those vehicles that allow or permit offensive odors to
escape and/or refuse to be blown, dropped or spilled therefrom.
22
"Section 20. No Parking of Refuse Trucks on any Public Highway.
"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.
"Section 21. Trucks --Equipment Required. Each truck of a permittee shall at all times
have in the cab the registration of the truck, a certificate of insurance, and an identification card
with the name of whom to telephone in case of an accident or emergency. Each truck shall also
be equipped with a five -pound fire extinguisher certified by the California State Fire Marshal and
recharged as needed, but not less than once annually. Vehicles shall be equipped with a shovel and
broom to clean up any spillage.
"Section 22. Specifications and Restrictions on Collection Trucks. All trucks used for
refuse, recyclables or compostable materials collection within the City shall be required;
"A. To be completely enclosed with a nonabsorbent cover while transporting
refuse, recyclables or compostable materials or other waste materials in or through the City.
'Completely enclosed with a nonabsorbent cover' means that refuse, trash, recyclable or
compostable materials shall not be visible from the public highway, nor shall any of the substances
be permitted to leak, spill or become deposited along any public highway;
"B. All trucks used in the course of refuse or recyclable materials collection
23
shall be uniformly painted in colors and identified by truck numerals, a company logo, and local
telephone number in letters and figures no less than five inches (5") high. All collection
trucks shall display the seal of the City of Diamond Bar with the words "Serving the
City of Diamond Bar" in letters no less than eight inches (8") high.
"C. All trucks shall be kept clean and in good repair at all times. Equipment
bodies shall be of metal and reasonably watertight so that no materials shall leak, fall
or be spilled.
"D. All trucks shall be maintained in good and safe mechanical condition.
Vehicles must conform to the California Vehicle Code and all other applicable laws and are
subject to inspection at any time by the City or the California Highway Patrol.
"Section 23. Truck Inspection.
"A. Each of any permittee's trucks shall pass a California Highway Patrol Biannual
Inspection of Terminals. Proof of inspection shall be made available at the discretion of the City
Manager at any point of operation. The Permittee shall not use a vehicle that has failed to pass a
vehicle inspection.
"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. Permittee's Local Telephone Number. Each permittee must maintain a local
telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 p.m. on
24
normal working days, and at all other times with some type of mechanism for the purpose of
taking messages.
"Section 25. Permittee'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.
"Section 25. Permit for Removal of Refuse-- Prerequisites.
"A. Procedure and Required Information. Any person or refuse collector
desiring to obtain a permit to remove or convey any solid waste, recyclable or compostable
material, hazardous waste or infectious waste upon or along any public highway within the City
from any residential and/or commercial unit, shall sign and file an application in the form
25
prescribed by the City and pay a permit application fee as may be established by resolution of the
City Council. To the extent permitted by law, the information submitted in the application shall
be kept confidential. Each permit application shall be filed with the City Manager or his designee
and shall include, at a minimum, the following information:
"(1) Name and description of the permittee;
"(2) Permanent business address and address of local office of the permittee;
"(3) Trade and firm name;
"(4) If a joint venture or a partnership or limited partnership, the names
of all partners of the firm, and the names of the officers and their
percentage or participation interest and their permanent addresses;
"(5) Facts indicating that the permittee has arranged for refuse disposal
in an area where the same may be legally accepted and disposed of
as directed by the City;
"(6) The type of solid waste, recyclable material, hazardous or infectious
waste to be collected in each of the applicable areas: residential,
commercial, multi -family residential, industrial;
"(7) Facts indicating that permittee is qualified to render efficient refuse
collection service;
"(8) Facts indicating that trucks and equipment conform to all applicable
provisions of this Ordinance;
"(9) Satisfactory evidence that permittee has been in existence as a
going concern for in excess of five years and possesses not less than
26
five years' actual operating experience as a going concern in
residential and/or commercial refuse collection and disposal;
"(10) Satisfactory evidence that permittee's experience as a going concern
in residential and/or commercial refuse collection and disposal
derives from operations of comparable size to that contemplated by
the permittee; details shall include length of other contracts, name
and size of municipality, nature of service provided, and the name
of the contact person at the municipality being served;
"(11) Evidence that permittee is in good standing in the State of
California and in the case of a corporation organized under the laws
of any other state, evidence that permittee is licensed to do business
in the State of California;
"(12) A detailed inventory of the permittee's equipment available for use
in refuse collection area;
"(13) A written statement that permittee has complied with or is capable
of complying with all regulations imposed by the County of Los
Angeles and the, State of California for the collection and disposal
of solid wastes.
"(14) Facts indicating that the applicant owns or has under his control, in
good mechanical condition, sufficient equipment to conduct the
business of refuse collection adequately if granted a permit, and that
applicant owns or has access to suitable facilities for maintaining his
27
equipment in a clean and sanitary condition.
"(15) Satisfactory evidence that the issuance of a permit is in the public
interest and convenience in that there is an available market for
refuse collection which can be legally served by the applicant.
"(16) Such other pertinent facts or information as the City Manager may
require, including evidence of State certification, if applicable.
"(17) Any of the above provisions in conflict with certification
requirements imposed by State law shall not be required.
"B. Permit Fees.
"(1) Pursuant to California Public Resources Code Section 41902, the
City may directly assess a fee or may, by agreement, arrange for the fee to be
collected by the Permittee under this Ordinance. Permittee shall pay or collect, as the
case may be, an AB 939 Administrative Fee as may be established by separate
resolution of the City Council and from time to time amended hereafter. Any fee
established pursuant to this Section shall be payable by Permittee to City thirty (30)
days after the close of each quarter of Permittees' fiscal year.
"(2) The Permittee shall remit to City, for its reasonable costs of
granting a Permit, a non-refundable application fee as determined by resolution of the
City Council and from time to time amended.
"(3) The Permittee shall be required to remit to City an annual permit
fee or such fee as determined from time to time hereafter by resolution of the City
Council. The permit fee required by this Section shall be in addition to any other
28
license, permit, or agreement previously granted by the County of Los Angeles or the
City of Diamond Bar.
"C. Reports.
"(1) The Permittee shall submit, in a form approved by the City, an
annual report within 120 days after the close of each fiscal year. This report shall
include, but is not limited to, the following information:
(a) A summary of the previous year's (or, in the case of the initial
report year, the initial year's) activities including, but not limited
to, services begun or discontinued during the reporting year, and
the number of customers for each class of service;
(b) A
report, in a
form satisfactory to the City, on
the City's progress
in
meeting and
maintaining its ability to meet its
goals under AB
939 as applied to the Permit Area, along with any recommended
changes.
(c) A revenue statement, setting forth quarterly AB 939 Administrative
Fees, and the basis for the calculation thereof, certified for
accuracy by an officer of the Permittee;
(d) A list of Permittee's officers and member of its board of directors.
(e) A list of stockholders or other equity investors holding five percent
(5%) or more of the voting interest in the Permittee and any
subsidiaries unless Permittee is a public corporation whose annual
reports are publicly available.
W
"(2) Permittee shall submit, in a form approved by the City, a monthly
program report. These reports shall be due within twenty (20) working days from the
end of the month. At a minimum, the reports shall include:
(a) Summaries of tonnage collected and disposed of by generator type,
disposal facility used and disposal fees paid;
(b) Summaries of tonnage of recycled material collected by material;
(c) Summaries of tonnages of non-recyclables and contaminants
disposed;
(d) Summaries of tonnages, using an approved sampling methodology,
of each material processed, sold or otherwise exchanged for
processing, by material type;
(e) Average market prices for each material sold, and processing
charges or acceptance fees for yardwaste or other applicable
materials;
(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.
"(3) Permittee shall provide up to six (6) reports of varying detail and
011
format, as specifically requested by the City, to meet unforeseeable information queries
of the California Integrated Waste Management Board, Los Angeles County Integrated
Waste Management Task Force, or other public agencies.
"(4) Permittee shall provide City two (2) copies of all reports, or other
material adversely affecting the Permittee's status under this Ordinance, including, but
not limited to, reports submitted by Permittee to the Environmental Protection Agency,
the California Integrated Waste Management Board or any other Federal or State
agency. Copies shall be submitted to City simultaneously with Permittee's filing of such
matters with said agencies.
"(5) The Permittee shall submit to City copies of all pleadings,
applications, notifications, communications and documents of any kind, submitted by the
Permittee to, as well as copies of all decisions, correspondence and actions by, any
Federal, State and local courts, regulatory agencies and other government bodies relating
specifically to Permittee's performance of services pursuant to this Ordinance. Any
confidential data exempt from public disclosure shall be retained in confidence by the
City and its authorized agents and shall not be made available for public inspection.
"(6) Permittee shall submit to the City such other information or reports
in such forms and at such times as the City may reasonably request or require.
"(7) All reports and records required under this or any other section
shall be furnished at the sole expense of the Permittee.
"D. Bonding of Permittee. Before granting a permit under the provisions of
this Ordinance, the Council shall require the permittee as a condition to the permit, to post with
31
the City Clerk a cash bond or surety bond payable to the City in the sum of One Million
Dollars ($1,000,000.00). Said bond shall be secured from a surety company satisfactory
to the City and on terms acceptable to the City Attorney. The bond shall be conditioned
upon the full and faithful performance by the permittee of obligations under the applicable
provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout
the life of the permit and all renewals thereof. Permittee shall also deposit with the Office
of the City Clerk a cash deposit, irrevocable letter of credit, or other such document
evidencing an irrevocable case deposit payable to City, in the amount of Twenty
Thousand Dollars ($20,000.00), in the form approved by the City Attorney.
"E. Indemnification by Permittee. As a condition of the City issuing a permit,
permittee shall agree to appear and defend all actions against the City arising out of the exercise
of such permit, and shall indemnify and save the City, its officers, elected officials, employees and
agents harmless from all claims, demands, actions or causes of actions of every kind and
description, including any repair, cleanup or detoxification, or preparation and
implementation of any removal, remedial, response, closure or other plan (regardless of
whether undertaken due to governmental action) concerning any Hazardous Substance or
hazardous waste at any place where Permittee stores or disposes of municipal solid
waste, and any and all related attorneys' fees and court costs resulting directly or indirectly,
arising out of, or in any way connected with the exercise of the permit, including, but not by way
of limitation, any act or omission of any officer, employee or agent of permittee.
"F. Liability Insurance. Permittee shall obtain and maintain in full force and
effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability
32
(occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00)
aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and
property damage, with any self-insured retention not exceeding $200,000.00 per occurrence.
Said insurance shall protect Permittee and City from any claim for damages for bodily injury,
including accidental death, as well as from any claim for property damage which may arise from
operations performed pursuant to this Ordinance, whether such operations be by Permittee itself,
or by its agents, employees and/or subgrantees. Copies of the policies or endorsements
evidencing the above required insurance coverage shall be filed with the City Clerk. All of the
following endorsements are required to be made a part of the insurance policies required by this
Section:
(a) "The City, its elected officials, employees, agents, and officers, are hereby
added as insureds with respect to liability arising out of activities performed
by or on behalf of Permittee."
(b) "This policy shall be considered primary insurance as respects any other
valid and collectible insurance the City may possess including any
self-insured retention the City may have, and any other insurance the City
does possess shall be considered excess insurance and shall not contribute
with it."
(c) "This insurance shall act for each insured, as though a separate policy had
been written for each. This, however, will not act to increase the limit of
liability of the insuring company."
33
(d) "Thirty (30) days prior written notice by certified mail, return receipt
requested, shall be given to the City in the event of suspension,
cancellation, reduction in coverage or in limits or non -renewal of this
policy for whatever reason. Such notice shall be sent to the City Clerk."
The limits of such insurance coverage, and companies, shall be subject to review and approval by
the City Manager every year and may be increased at that time and match the coverage provided
by the City's own liability insurance policy. The City shall be included as a named insured on each
of the policies, or policy endorsements. All such policies shall contain at a minimum a provision
requiring a thirty -day notice (30) to be given to the City prior to cancellation, modification or
reduction of limits. The amounts of public liability insurance for bodily injury and property
damage shall be subject to review and adjustment by the Council.
"G. Permittee shall obtain and maintain in full force and effect
throughout the entire term of the permit, full workers compensation insurance in accord
with the provisions and requirements of the Labor Code of the State of California.
Endorsements that implement the required coverage shall be filed and maintained with
the City Clerk throughout the term of this Ordinance. The policy providing coverage
shall. be amended to provide that the insurance shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail return receipt requested has been given to City. The policy shall also be
amended to waive all rights of subrogation against the City, its elected or appointed
34
officials, employees, agents or Permittee for losses which arise from work performed by
the named insured for the City.
"H. Permittee agrees to protect, defend (with counsel approved by
City) and indemnify City, its officers, elected officials, employees and agents against all fines
or penalties imposed by the California Integrated Waste Management Board in the event the
source reduction and recycling goals or any other requirement of AB 939 are not met by City with
respect to the Permittee' proportional share of the waste stream collected under this Ordinance.
"I. Compliance with Local and California Laws and Regulations. The
permittee must agree to perform the terms of the permit in such a manner so as to comply with all
applicable local and state laws and regulations pertaining to the collection, storage and
transportation of solid waste. The permittee shall also comply with all other ordinances and
regulations of the City and applicable laws and regulations of the County of Los Angeles and
State of California, and shall obtain and keep in force all required permits and business licenses
throughout the life of the permit and all renewals thereof.
"Section 27. Permit Provisions.
"A. Issuance or Denial of Permit. When an application has been made to the
City for a permit pursuant to this Ordinance or such standards as may be time to time adopted by
resolution of the City Council, it shall be the duty of the City Manager or his designee to consider
the matter; and he or she shall have the right to grant, condition or deny the permit request, and
such decision shall be subject to an appeal of the City Council. In granting, conditioning or
35
denying -the permit request, the City Manager and the City Council may take into consideration
factors, including, but not limited to, the following:
(1) The ability of the permittee to comply with standards and requirements
enumerated in this Ordinance or such other standards as may be established by resolution of the
City Council.
(2) The ability of the permittee to comply with the equipment standards
enumerated in this Ordinance or such other standards as may be established by resolution of the
City Council.
(3) The ability of the permittee to comply with the provisions regarding
insurance or bonds enumerated in this Ordinance or such other standards as may be established by
resolution of the City Council.
(4) The ability of the permittee to cooperate, participate and consult with
City to implement programs as identified in the City's Source Reduction and Recycling
Element (SRRE).
Based on a preponderance of the evidence presented, the City Council shall make
appropriate findings of fact before determining whether the permit should be conditioned
or denied. If, based upon the record, the City Council determines that the performance
of Permittee is not in compliance with any material terms of this Ordinance 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 deny the permit request. The
decision of the City Council shall be final and conclusive.
36
"B. Assignment or Transfer of Permit. No assignment or transfer of a permit
pursuant to this Ordinance or any right accruing under such permit shall be made in whole or in
part by the permittee without the express consent of the Council. In the event any assignment or
transfer is authorized by the Council, the assignee shall assume the liability and all other
obligations of the permittee. Each permittee shall file, on or before July 1 of each calendar year,
with the City Clerk, a statement of ownership and shall verify the same as being true and correct
under penalty of perjury. A permit issued under this Ordinance shall not grant the permittee rights
under California Public Resources Code Section 49520, where at the time the permit is granted
the permittee did not have a right to continue service under this section.
"C. Revocation. A permit may be revoked at the option of the Council in the
event there is a change of ownership of any kind or nature of the operating company, unless
approval therefor has been obtained in writing from the Council. If it is determined by the City
Manager that permittee has not complied with the provisions of this Ordinance, the permit, and all
other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the
permittee in writing of noncompliance and shall order compliance within thirty (30) days. If
noncompliance is not corrected within the above -prescribed thirty (30) day period, the Council,
following a public hearing upon at least ten days' written notice to the permittee, may terminate
the permit.
"Section 28. Charges for Service.
"A. Collection Charge. A charge for the collection of refuse shall be imposed
on the owner or occupant of each residential or commercial units to which refuse collection
37
service is made available. The charge so fixed shall be a civil debt due and owing to the City or
permittee from the owner or occupant of the residential or commercial unit to which the
collection service is made available. The City Council hereby specifically finds and determines
that the periodic collection of refuse and rubbish from all residential and commercial units
benefits all occupants and residents of the City, provides for the health, safety and welfare of all
persons in the City and, therefore, all such occupants or owners are liable for the payment of
collection service provided for hereunder, whether or not any such owner or occupant avails
himself of such collection service.
"B. Rate Adjustments. The Permittee shall provide the City and the owner or
occupant of each residential or commercial unit that receives collection services, at least sixty (60)
days in advance of the beginning of a billing period, written notice of the implementation of
changes in any of its rates and charges which are not subject to regulation by the City. The notice
shall include a statement of the reasons for the rate increase.
"C. Billing and Payment.
(1) Permittee shall bill all customers for all services rendered, whether
regular or special services. Permittee shall provide itemized bills,
distinctly showing charges for all classifications of services,
including but not limited to the charges for late payment, redelivery
fees, charges for additional containers, and other special services
covered under this Ordinance. The Permittee shall designate that
portion of a customer's bill attributable to any fees imposed upon
by the City as a separate item on customers' bills.
38
(2) City may, at City's sole option, elect to bill Residential Subscribers
for refuse collection and recycling through a parcel charge. Should
the City institute a parcel charge, Permittee shall be paid on
and for the premises served. Retroactive
adjustments shall be made on the basis of addresses of premises
added and the date added. Premises ordered after the first of the
month shall be charged on a prorated 30 day/monthly basis.
"Section 29. Right of Provision Modification. This Ordinance is intended to carry out
City's obligations to comply with the provisions of the California Integrated Waste Management
Act of 1989, ("AB 939") as it from time to time may be amended, and as implemented by
regulations of the California Integrated Waste Management Board ("Regulations"), as they from
time to time may be amended. In the event that AB 939 or other state or federal laws or
regulations enacted after this Ordinance has been enacted, prevent or preclude compliance with
one or more provisions of this Ordinance, such provisions shall be modified or suspended as may
be necessary to comply with such state or federal laws or regulations. The City specifically
retains the right to repeal, amend, add to, or modify each and every provision of this Ordinance.
"Section 30. Right to Grant Franchise. The City, subject to all applicable state laws,
specifically retains the right to grant a franchise or franchises for the collection of refuse,
recyclable and compostables materials from any residential or commercial units.
39
tion 31.
��, fes• violation of Ordinance. It shall be unlawful for any person, firm,
provision or to fail to comply with any of the
partnership, or corporation to violate any
PY
requirements of this Ordinance. Any person, firm, partnership, or corporation violating any
provision of this Ordinance or failing to comply with any of its requirements shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding
one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and
artnershi co oration shall be deemed guilty of a
imprisonment. Each such person, firm, p P� or �
separate offense for each and every day or any portion thereof during which any violation of any
of the provisions of this Ordinance is committed, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.
„4 ion 32• `' ' n p,,,Pdi Av ilable. The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the City through civil process by
means of restraining order, preliminary or permanent iunction or in any other manner provided
nj
by law for the abatement of such nuisances.
ion 33. SM&r d . The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any
final court
action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in
full force and effect."
40
SFCTION 3: The City Clerk shall certify to the passage of this Ordinance and shall cause
this Ordinance to be posted in three (3) public places within the City of Diamond Bar within
fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6.
ADOPTED AND APPROVED THIS DAY OF 11994.
Mayor
41
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting of the Council of the City of
Diamond Bar held on this day of , 1994, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the day of
1994, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of Diamond Bar
42
01Tv nu TIaU nun Tin
AGENDA REPORT
AGENDA NO. 1 , Z,
TO: Terrence L. Belanger, City Manager
MEETING DATE: June 21, 1994 REPORT DATE: June 14, 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 adopted
Resolution No. 94-22 to declare 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 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 38.
LIST OF ATTACHMENTS: X Staff Report
X Resolution
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specifications
X Other: Engineer's Report
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:
Lity Manager
Assistant Uity Manager
C: \WPMLWDAKAY\AOEND-91DISTA38.614
interim Lity hngmeer
INTEROFFICE ME1[ORANDWK
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manager le
RE: Landscape District No. 38: Assessment Levy for Short -
Term and Long -Term District Capital Improvements and
Operating Expenses
DATE: June 8, 1994
ISSUE:
Landscape District No. 38 annual assessment levy related to
short-term and long-term administrative, operating,
maintenance and capital improvement project requirements.
RECOMMENDATION:
It is recommended that the City Council approve the proposed
FY 94-95 budget and assessment levy for Landscape District
No. 38; which assessment is $15.00 per parcel per year.
DISCUSSION:
The proposed FY 94-95 management, operations, maintenance,
repairs, capital improvements and capital improvements
reserve requirements, for Landscape District No. 38, came
before the City Council, on June 7, 1994. At the same time,
the recommended FY 94-95 Landscape District No. 38
assessment, which is $15.00 per parcel per year, was
considered by the Council. It should be noted that the FY
1993-94 District No. 38 assessment was also $15.00 per
parcel. The proposed estimated funding for managing,
maintenance, construction, and servicing of Landscape
District No. 38, for FY 1994-95, is $507,212.
Landscape District No. 38 is a city-wide assessment
district, comprised of 17,383 parcels of land, which funds
capital improvements (projects and reserves), management,
operations, maintenance and repairs. The District's
activities are accomplished within the City's arterials,
thoroughfares and other such major roadways. Primarily, the
District's activities have been focused upon the planning,
construction and maintenance of landscaped roadway medians
and other other allowable roadway -related landscaping
activities. Over the years of the District's existence,
major roadway landscaping projects have been constructed on
Diamond Bar Blvd, Grand Ave, Golden Springs Dr and Temple
Ave.
LLD No. 38
June 8, 1994
Page Two
District No. 38 has had as its fundamental goal the creation
and enhancement of the aesthetic beauty and environmental
quality of the major roadways within Diamond Bar. The
District has constructed and maintains major roadway -related
landscaped areas. With the construction of roadway medians,
there has been a collateral benefit, which is a higher
degree of vehicular safety. The construction of landscaped
medians, with curbs/gutters and protected left turn pockets,
physically separates opposing traffic lanes and eliminates
painted medians; thereby, significantly enhancing vehicular
safety.
since City incorporation, Council has as a matter of policy
considered the short-term (annual) needs and the long-term
capital accumulation needs of the District, when the annual
assessment levy for the District is set. One of the general
policies that has been applied to all City managed Funds
(General, Special and Capital Improvement) is the allocation
Of costs which are attributable to a particular Fund. For
example, if City personnel directly provide services
attributable to District No. 38, the costs are charged to
the District. This same cost allocation approach is
utilized for Gas Tax, Prop A, Prop C, CDBG, and other such
Special Funds. The estimate of the cost allocation for City
staff and administrative services is accomplished, when the
annual District budget is approved and related assessment
levy is set.
When considering the annual District assessment, the Council
takes into consideration the long-term capital improvement
projects the District would partially or completely fund.
Since incorporation, the District has funded landscaping
projects on Diamond Bar Blvd, Grand Ave, Golden Springs Dr
and Temple Ave. As an example, the FY 1994-95 District No.
38 budget includes a $260,000 appropriation for the
construction of landscaped medians on Golden Springs Dr,
between Gona Ct and the westerly City limit. As for other
District related landscaping projects the following is a
listing of landscaping projects that have been proposed for
future funding:
Landscaped Med' ans•
-Pathfinder Rd. Landscaped Medians
-Golden Sprngs Landscaped Medians
-Brea Cyn Rd Landscaped Medians (SR60 - north City imt)
LLD No. 38
June 8, 1994
Page Three
Landscaping Projects•
-Lemon Median Landscaping
-Cold Sprngs @ SR57 (Brea Cyn Rd-Fallowfld) Landscaping
-Tin Dr @ Diamond Bar Blvd Landscaping
-Gold Rush @ Diamond Bar Blvd Landscaping
-Golden Sprngs Dr @ Torito Ln Landscaping
-Sunset Xing @ Diamond Bar Blvd Landscaping
-Sunset Xing @ Chaparell Landscaping
-Golden Sprngs @ Golden Prado Landscaping
-Brea Cyn Rd @ Gerndal Landscaping
The estimated cost of constructing landscaped medians would
be an estimated $950,000 (based on $40.00 per lineal foot).
The estimated cost of constructing other landscaping
projects would be approximately $570,000 (Attachment No. 1).
Although the District is not expected to be the sole source
of funding for these projects, it is accurate to say that
the District will be expected to contribute a significant
share of the funds necessary to construct these public
beautification projects. In order to accomplish this shared
project funding objective, the District must continue to
accumulate capital reserves for capital improvement project
purposes.
LANDSCAPING DISTRICT NO 38 ASSESSMENT LEVY
Since incorporation in April, 1989, the City has set the
Landscaping District No. 38 assessment levy at $15.00 per
parcel per year, for each of the fiscal years of the City's
existence (FY 1989-90 through FY 1993-94). Because of the
FY 1994-95 estimated budget appropriations (Attachment No.
2; Engineer's Report, dated May 17, 1994) and the future
capital improvement project reserve requirements, it is
necessary for the Council to set the FY 1994-95 assessment
levy at the recommended $15.00 per parcel per year amount.
AUENDA NO.
MEETING DATE: June Z 1, 1519,1
TO: Honenble Wiy):r turd :vlembers of the City Council
FROM: Terrell *e L. ltt l anger, �ity Manager
SUBJECT: Land, c iping AS �essmtr t District Number 38
ISSUE STATEMENT:
The City Council at the Mx} 17, 1994 meeting approved the Engineer's Report and adopted Resolution
No. 94-22 to declare City's intention to levy and collect assessments for District No. 38. The Council also
set June 7, 1994 as the public hearing date cm 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 38.
FINANCIAL SUMMARY:
The revenues generated by this District will finance the cost. There will be no impact on the City's General
Funds.
BACKGROUND/DISCUSSION:
The landscaping improvements to be maintained by District 38 are the medians and parkways throughout the
City. For Fiscal Year 1994-95, the construction of Golden Springs Drive medians are proposed as landscaping
improvements between Gona Court and the westerly City limits.
The primary benefit derived from the installation and 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 17,383 parcels. The amount assessed upon the lands within
District No. 38 for Fiscal Year 1993-94 was $15.00 per parcel. The amount to be assessed for Fiscal Year
1994-95 is to remain at $15.00 per parcel.
The proposed assessments are for the purpose of (1) meeting operating/maintenance expenses including staff
wages, (2) purchasing or leasing supplies, equipment or materials, (3) meeting financial needs and
requirements, and (4) constructing median islands on Golden Springs Drive between Gona Court and the
westerly City limits.
Prepared By:
David G. Liu
C: \WP60\LMAKAY\CCR-94\DISTH38.614
RESOLUTION N0. 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. 38 FOR THE FISCAL
YEAR 1994-95.
A. RECITALS.
(i) By its Resolution No. 94-22, this Council approved a
report of the City Engineer related to City of Diamond Bar
Landscaping Assessment District No. 38 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-1.11
(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 $15.00 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. 38.
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 PRO TEM
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
of Diamond Bar held on the day of 1994, by
the following Roll Call vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
3
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
INTRODUCTION . .
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Page
1
2
3
4
-5
6
INTRODUCTI N
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
assessablelots 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:
1Landsca ing
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 Bud et
Revenue:
Appropriation Fund Balance (from FY 1993-94) $242,467
Property Tax and Assessments 260,745
Interest Revenue 4.000
TOTAL $ 507,212
Appropriations•
Personal Services
Salaries
$ 28,100
City Paid Benefits
350
Benefits
3,950
Worker's Compensation Expense
1,400
Medicare Expense
450
Cafeteria Benefits
31550
Operating Expenses
Utilities
77,200
Maintenance -Grounds & Bldg
19,200
Professional Services
Contract Services
3,920
Capital Improvements'
46,000
260,000
Reserves
63.092
TOTAL
$507,212.
' 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
apportioned to each assessed upon the lots and parcels within the Disassessable parcel within the District is shown in
trict and the
the table below. amount
Estimated Assessment Requirements:
Estimated Number of parcels:
Estimated Assessment Per Parcel:
1993-94 Assessment Per Parcel:
1994-95 As Per Parcel:
Difference:
R
$260,745
17,383
$ 15.00
$ 15.00
$ 15.00
$ 0.00
ntsAssessor's parcel number, are shown on an
The individual 1994-95 assessme
, tabulated by of Diamond Bar as Exhibit
Assessment Roll on file in the
off -Ice b rCity
1 e Clerk
( -Me Ass s ent Roll is not included in
"B" and are made a part of this repo Y
this report due to its volume.)
1994
Dated: GFB-FItIEDRICH Sc ASSOC., INC.
7
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.'
TO: Terence L. Belanger, City Manager REPORT DATE: June 14, 1994
MEETING DATE: June 21, 1994
FROM: George A. Wentz, Interim City Engineer
TITLE: Landscaping Assessment District Number 39.
roved the Engineer's Report and adopted
SUMMARY: The City Council at the May 17, 1994 meeting approved sed assessments
Council also set June 7, 1994 as the public hearing date on ton assessable
Resolution No.
94-23 to declare City's intention to levy and collect assees�oments for District No. 39. The
he levy of p Po
lots within this District for Fiscal Year 1994-95.
ATION: It is recommended that the City Council adoptN tubattached er 39. Resolution to set the
assessment for Fiscal Year 1994-95 for Landscaping Assessment Distract
Public Hearing Notification
Resolution
LIST OF ATTACHMENTS: X Staff Report —gid Specifications
X
_ Ordinances(s) X Other: Engineer's Report
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST: No
1. Has the resolution, ordinance or agreement been reviewed
X Yes —
by the City Attorney':' ? Majority
2, Does the report require a majority or 4/5 vote. Yes X No
3. Has environmental impact been assessed? Yes X No
4. Has the report been reviewed by a Commission? X No
Which Commission?Yes
5. Are other departments affected by the report? —
the following affected departments:
Report discussed with
REVIEWED BY:
City Manager
rranx Nl. ub►«.
Assistant City Manager
o. \W P60\LIN DAKAy\A(3 SNDA-9\DIST#39.614
VL., ---C'— -
, Interim City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: June 21, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Landscaping Assessment District Number 39
ISSUE STATEMENT:
Cit Council at the May 17, 1994 meeting approved the Engineer's Report and adopted Resolution No.
The y
t June
94-23 to declare City's intention to levy and collect assessment for District ° on assessable lot withe Council also in said
7, 1994 as the public hearing date on the levy of the proposed
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,
FINANCIAL SUMMARY:
es will be borne by the City's General Funds. The revenues generated by this
Perso
nal/Administrative Servic
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
Th P ro sed for District 39.
space areas. For Fiscal Year 1994-95, no new improvements are p opo
cation of sed
spaces
The primary benefit derived from the maintenance of said improvements f theproperty values within the community -
which are used by all residents, and the general is and p P
These benefits derived apply equally to all residents and parcels sessmentswithtin the�districttherefore, The estimated
determined that all taxable parcels would receive the same net asthe
number of parcels within the District is 1,280 parcels. The amount assessed
assessed for Fiscal Yuponlear 1994 95tis to
num P r parcel. The amount to
39 for Fiscal Year 1993-94 was $73.50 pe p
remain at $73.50 per parcel.
Prepared By:
David G. Liv
C: �W p6p\LIN DAKAY\CCR-94\DIST #39.614
RESOLUTION NO. 94-
CITy OF DIAMOND
A RESOLUTION OF THE CITY COUN OE
N CITY OF DIAMOND HAR
BAR LEVYING AN ASSESSMENT
LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL
YEAR 1994-95.
A. RECITALS. roved a
(i) By its Resolution No. 94-23, this Council app
report of the City Engineer related to City of Diamond Bar
pursuant to
Landscaping Assessment District No. 39 prepared
California Streets and Highways Code Section 22623,
described the
im rovements thereon and gave notice of and fixed the time and
P
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-2'1
(ii) Said hearing was duly and properly noticed, commenced at
the
South Coast Air Quality Management Auditorium, 21865 Fast
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: of
1. In all respects as set forth in the Recitals, Part A,
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
lot
to hereinabove and the assessment of $73.50 for each assessable and
located within said District are hereby adopted and confirms
1 ear.
said assessment hereby is levied for the 1994-95 fiscal y
expressly
overrules .any and all
4. This Council hereby the proposed improvements specified
protests objecting to
herein or the assessment levied thereby. resenting
5, The City Treasurer shall deposit all moneys rep
assessments collected by the County to the credit of a special fund
for use in Assessment District No. 39. d and directed to file
6. The City Clerk is hereby authorize
the diagram and assessment with the County Auditor, together with
a certified copy of this Resolution upon its adoption.
of the assessment and diagram shall be
7. A certified copy en for public
filed in the office of the City Clerk and op
inspection. the adoption of this
8. The City Clerk shall certify to
Resolution. 1994.
ADOPTED AND APPROVED this . day
Of '
MAYOR PRO TEM
2
' of the City of Diamond Bar, do
LYNDA BURGESS, City Clerkassed, approved
I' Resolution p
the foregoing w
certify that City Council oftheCity
hereby of the
ted at the regular meeting 1994, by
and adopted of
f Diamond Bar held on the — day
o_
the following Roll Call vote:
COUNCIL MEMBERS:
AYES:
COUNCIL MEMBERS:
NOES:
:
COUNCIL MEMBERS
ABSENT:
ABSTAINED: COUNCIL MEMBERS:
ATTEST: ess, City Clerk
Lynda Burg
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
Page
INTRODUCTION
I
BOUNDARIES OF DISTRICT
2
IMPROVEMENTS
3
Landscaping
FINANCIAL ANALYSIS
4
Revenue
Appropriations
METHOD OF APPORTIONMENT
5
ASSESSMENT
6
ASSESSMENT ROLL
7
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. 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.
District is shown on the Assessment0Diagram (l fills of real property
n the Office of the
The boundary of the All parcels
City Clerk at the City Hall of Diamond Bar as Exhibit S n)file in the Los Angeles County
included within the District are described in detail on m
Assessor's Office -
2
included within the District areas follows:
The
facilities and items If servicing and maintenance
'on of any landscaping, the operation of
Lan � �igau
the furnishing of water f other improvements.
Servicing means aintenanCe of any and usual
any fountains, or them materials for the ordinary
ns the furnishing of servicesro a ent, including:
Maintenance -lea d servicing of any improvement.
maintenance, operation an a� o f any landscape
lacement of all or any p , including without
1. Repair, removal or rep beauty of landscaping for disease
rowth, health and fertilizing, or treating
for the life, g trimming, spraying,
2 providing ation,
limitation, cultivation, irrig
or injury- other solid waste -
of of trimmings, rubbish, debris and
3. 'rhe re icing of mini -parks,
39 is for the maintenanCe and sere
u ose of Assessment in District
D trict-
The p � . en spaces within .
slopeS and op
3
and servicing
of landscaping for the update o
for maintenance is as follows:
The estimate funding a 1994-95 Fiscal Year 1994-95
Assessment'Dis"ict No. 39 for �' Bud et
R�mmended
evenue•
from FY 1993-94)
Reserve Fug lance
Xssessrnents
Property T
Interest Revenue
TOTAL
A ro nations:
personal services
Operating Expenses
Utilities Grounds & Bldg
�•
Niainten�"
professional Services
Contract Se o ev mems
Capital .Imp
Reserves
TOTAL
4
$ 58,066
94,090
-��A=_"pp
$ 156,146
$ 0
60,500
17,500
1,410
'74,600
0
,2136
$ 156,146
PP RTI NMENT .,l
METK D of A
this report is
rdanct with assessable
e District in a amount among all l from
lands within distributes the each lot or parte
assessed ue�od which fairly be received by - oVernents
ount t0 benefits to ing ents
The net am b a formula and m e estimated ublic landscaP'ng 'mprovem
rt. ed y to the servicing of p benefit
app° parcels in proporuo the maintenance and icing of public rovides a spial b their
lots or p namely and sere of Diamond Bar p enhance
the improvements, The maintenance a City ict, tending to
District. laces in a' 1 within the Distr
within such ublic P
cons�ucmd inpublic lot or p��
installed and ived by each and every
which is rece
. value. � set forth below. Diamond Bar.
benefits of landscaping are
ed by all of the residents in
The Primary streets which a used within the District.
$eautification of the str b all residents
1 • be util'ized and enjoyed y
public p�� which can well -mi $rte
n spat'
2• tide resulting from the forego"'?,
sense of cornmun'tY p from -.
3 property which results residences -
3. value a District are. has been
Of
The enhanCeme°t of the e is within th
11 of t p��and parcels
4. that a mall residents nt. .
information indicates ly egally net assessor
Existing land use nefits derived app rive the same
ecial sable parcels would
Because ed
the
all asses
determined
5
The amount to be assessed upon the lots and parCels within the District
apportioned to each assessable parcel within the District is shown in the table belothe amount
w.
Estimated Assessment Requirements:
Estimated Number of Parcels:
Estimated Assessment Per Parcel;
1993-94 Assessment Per Parcel:
1994-95 Assessment Per Parcel:
Difference:
0
$ 94,080
1,280
$ 73.50
$ 73.50
$ 73.50
$ 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
Q¢Of E 5S/ON l
GFB-FRIEDRICH & ASSOC., INC.
NO. 77861 * ,
�4k FRI D C
CIVIL
FOF ceM0��\�
7
CITU OF DIAMOND M
AGENDA REPORT
AGENDA NO. `1 '-/
TO: Terrence L. Belanger, City Manager
MEETING DATE: June 21, 1994 REPORT DATE: June 14, 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:
_
C: \V,l 0 INDAY-AY\AGEND-91DIST#41.614
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: June 21, 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: \W P60\LINDAKAY\CCR-94\DIST#41.614
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 N0. 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
t located within said District are hereby adopted and confirmed
to year.
and said assessment hereby is levied for the 1994-95 fiscal d all
a an
4. This Council hereby expressly overrules any
protests filed objecting to the proposed improvements specified
herein or the assessment levied thereby. representing
5. The City Treasurer shall deposit all moneys P
assessments collected by the County to the credit of a special fund
1.
for use in Assessment District No. 4 authorized and directed to file
6. The City Clerk is hereby au
together with
the diagram and assessment with the County Auditor,
A certified copy
a certified copy of this Resolution upon its adoption -
7.
Of the assessment and diagram shall be
ublic
filed in the office of the City Clerk and open for p
inspection.
8
The City Clerk shall certify to the adoption of this
.
Resolution. 1994.
ADOPTED AND
APPROVED this day Of
MAYOR PRO TEM
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
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
1994, by
ENGINEER'S REPORT
Update of
ASSESSMENT DLSnUCT NO. 41
Fiscal Year 1994-95
CITY OF DIAMOND BAR
May 17, 1994
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6.809 Indiana Avenue, Suite 201
Riverside, CA 92506
TABLE OF CONTENTS
Page
INTRODUCTION
1
BOUNDARIES OF DISTRICT
2
IMPROVEMENTS
3
Landscaping
FINANCIAL ANALYSIS
4
Revenue
Appropriations
METHOD OF APPORTIONMENT
S
ASSESSMENT
6
ASSESSMENT ROLL
7
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. 41
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-3"). 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.
K
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. 41 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. 41 for the 1994-95 Fiscal Year is as follows:
1994-95
Recommended Budget
Revenue:
Appropriation Fund Balance (from FY 1993-94) $ 113,480
Property Tax and Assessments 124,141
Interest Revenue 3.000
TOTAL $ 240,621
ADDroDriations:
Personal Services $ 0
Operating Expenses
Utilities 57,600
Maintenance -Grounds & Bldg 12,000
Professional Services 1,870
Contract Services
Contract Services 43,050
Weed/Pest Abatement 6,000
Capital Improvements 0
Reserves 120.101
TOTAL $ 240,621
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 I 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
elow:
Estimated Assessment Requirements:
Estimated Number of Parcels:
Estimated Assessment Per Parcel:
1993-94 Assessment Per Parcel:
1994-95 Assessment Per Parcel:
Difference:
3
$ 124,141.50
563
$ 220.50
$ 220.50
$ 220.50
$ 0.00
The individual 1994_95
Assessment Roll on. file assessments, the Office to theme by Assessor's pard number
.B ' and are made a City Clerk of the Ci � are shown on an
this re p� of this report by reference, City of Diamond Bar as Exhibit
Port due to its volume) Me Assessment Roll is not included in
Dated: 24L—Z���—
1994
GEB-FRIEDRICH & ASSOC., INC.
7
:: Z � s.
11111111111'
I11111111l1
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!ING DATE:
[:
CITY OF DIAMOND BAR AGENDA NO -
AGENDA REPORT
Honorable Mayor and City Council
REPORT DATE: June 8, 1994
June 21, 1994counting Manager
Linda G. Magnuson r Ac
LE:
ppropriations Limit - Fiscal Year 1994-1995
MARY:
royal is the Appropriations Limit
In addition the Council 1 of being
the
ubmitted for the Council's review and app. the calculation
•ecommendation for Fiscal Year adjustment 1994-95.in
used in
Lsked to approve the adj
appropriations Limit.
;OMMENDATION:
Angelesy of Los population percentage change for
approve the use of the FY94t95 Appropriations Limit.
use in calculating a change in non-residential
Approve the use of the City of Diamond Bar percentag
ssed valuation in calculating FY94-95 Appropriations Limit -
assessed Appropriations
Approve Resolution 94-____f which establishes the FY94-95
Limit at $13,169,824
[ST OF ATTACHMENTS: public Hearing Notification
X Staff Report — Bid Spec. (on file in City Clerk's Office)
X Resolution(s) — Other
Ordinances(s) _
— Agreement(s)
;ETERNAL DISTRIBUTION:
3UBMITTAL CHECKLIST: agreement been reviewed
L, Has the resolution, or
or
by the City Attorney? or 4/5 vote?
2. Does the report require a majority act been assessed?
3. Has environmental i peviewed by a Commission?
4. Has the report been
Which Commission7 the report?
5. Are other departments affected by lowing affected departments:
Report discussed with the fol
tE IEWED BY:
rrence B
City Manager
Frank M. usner
Assistant City Manager
Yes No
Yes— No
- Yes— No
Yes_ No
L nda G. Ma n son
Accounting Ma ager
CITY COUNCIL REPORT
AGENDA NO.
SETING DATE: June 21, 1994
7:
Honorable Mayor and Members of the City Council
ROM: City Manager
0 osed FY94-95 Appropriations Limit, and approval of Limit
UBJECT: Prop
adjustment factors.
:ssUE STATEMENT:ado t
Government Code Section 7910 requires the City Council to formally Pn
by
resolution the Appropriations Limit for Fiscof the
al Year 1City 994 Council
addition, Proposition 111 requires
being ied vtn the calculation of the
regarding the annual adjustment f
Appropriations Limit.
RECONNENDATION: percentage
Approve the use of the County of Los Angeles population
change for use in calculating the FY94-95 Appropriations Limit.
ercentage change in non -
Approve the use of the City of Diamond Bar p
residential assessed valuation for use in calculating the FY94-95
Appropriations Limit. the FY94-95
Approve Resolution 94-
which establishes
Appropriations Limit at $13,_169,824•
DISCUSSION:
Government Code Section 7910, the City Council is being
Gove
As required by Appropriations Limit for
adopt by resolution the
asked to formally P
Fiscal Year 1994-95.
addition, Proposition 111 requires a recorded vote of the lied
City
In the annual adjustment factors which are being applied
of
Council regarding The factors recommended are the Cit
for Fiscal Year tape c5. growth.
Diamond Bar percentage change in non-residential in assess
valuation, , an
the County of Los Angeles percentage change in population
be used by the City could either be the
The price factor which may er ca pita personal income or the
percentage change in California p
percentage change in the local assessment roll due ear the California
P .71�. The non -
local non-residential
income sshowedo an T increase fiscalhis of
per capita pe
residential new construction assessment valuation showed an increase o
6.95%.
ge 2 - Appropriations Limit Report
her the
Section 7901 of the Government Codeallows the ncrease with n thetcounty.
S e Chang
population increase within the City o o ulation percentage
In previous years, the L.A. County overall p p of Diamond This
opposed to the
has been higher than the increase within
lulatione was y3 � as opp Bar.
year the increase in the.75$y'Therefore, it is recommended that the
Countywide increase of
population increase within the County be used.
REPARED BY:
inda G. Ma nuso
RESOLUTION NO. 94 -
CITY
A RESOLUTION OF COUNTYCITY
OFCOUNCIL
THE
ANGELES # STATE
OF DIAMOND BART
OF CALIFORNIA, SETTING TH8 APPROPRIATIONS
LIMIT FOR FISCAL YEAR 1994-95 FOR THE CITY OF
THE PROVISIONS
DIAMOND AR I9 OFC RDAN EIW OF H THE CALIFORNIA
OF DIVISION TITLE
GOVERNMENT CODE
I B of the Constitution of the State
WHEREAS, Article XII
of California as proposed by the Initiative Measure approved by the
people at the special statewide election held on November 6,
1979,
provides that the total annual appropriations limit of such entity
for the prior year be adjusted for changes in the non-residential
assessed valuation and population except as otherwise specifically
provided for in said Article;
and
WHEREAS, The State Legislature added Division 9
(commencing with Section 7900) to Title 1 of the Government Code of
the State of California to implement Article XIII B of the
California Constitution; and
WHEREAS, Section 7910 of the Government Code provides
that each year the governing body of each local jurisdiction shall,
by resolution, establish its appropriations limit for the following
fiscal year pursuant to Article XIII B at a regularly scheduled
meeting or a noticed special meeting. Prior to such meeting,
iation limit
documentation used in the determination of the appropr
shall be available to the public; and,
WHEREAS, Proposition 111 as approved by the voters of the
State of California, requires a recorded voice vote of the City
Council regarding which of the annual adjustment factors have been
selected each year; and
and 7902.6 of the Government
WHEREAS, Section 7902 (a)
Code sets forth the method for determining the appropriations limit
for each local jurisdiction for the 1994-95 fiscal year; and
WHEREAS, the City Council of the City of Diamond Bar
wishes to establish the appropriation limit for fiscal year 1994-95
for the City of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Diamond Bar, California, as follows:
Section 1. That it is hereby found and determined that the
mination of the appropriations limit
documentation used in the deter
for the City of Diamond Bar for fiscal year 1994-95 was available
to the public in City offices of said City at least fifteen days
prior to this date.
Section 2. That the County of Los Angeles LUCID, established the
appropriations for the newly incorporated City.
Section 3. That the City of Diamond Bar percentage increase in
Non -Residential Assessed Valuation and the percentage change in Los
Angeles County population were selected as factors.
Section 4. That the Appropriations Limit for the City of Diamond
Bar as established in accordance with Section 7902(a) and Section
7902.6 of the California Government Code is $13,169,824.
Section 5. That the Mayor of the City of Diamond Bar shall sign
and the City Clerk shall certify to the passage and adoption of
this Resolution No. 94-
AND ADOPTED this day of
PASSED, APPROVED
1994.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar
do hereby certify that the foregoing
Resolution was p
assed, and
a roved and adopted at a regular meeting of the City Council of
pp 1994,
the City of Diamond Bar held on the
day of
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the
City of Diamond Bar
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK SHEET
1994-1995
Non -Residential Assessed Valuation
% Change Over Prior Year
Population Change
% Change Over Prior Year (County)
Non -Res AV Change Converted to a Ratio
Population Change Converted to a Ratio
Calculation of Growth Factor
1993-94 Appropriations Limit
1994-95 Appropriation Limit
6.95%
0.75%
1.069500
1.007500
1.077521
$12,222,333
$13,169,824
ASTv A" RTIVAUB 51n
AGENDA REPORT AGENDA NO. %'l
TO: Honorable Mayor and City Council
MEETING DATE: June 21, 1994-/r� REPORT DATE: June 9, 1994
FROM: Linda G. Magnuson, Accounting Manager
TITLE:
F.Y. 94-95 Investment Policy
SUMMARY:
Submitted for Council's review and approval is the Proposed Investment Policy
for Fiscal Year 1994-95, and it's accompanying resolution.
RECOMMENDATION:
Approve Resolution 94 -
LIST OF ATTACHMENTS:
X Staff Report
X Resolution(s)
Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
which adopts the FY94-95 Investment Policy.
Public Hearing Notification
_ Bid Spec. (on file in City Clerk's Office)
Other
1.
Has the resolution, ordinance or agreement been reviewed
X Yes—
No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
X Yes
No
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:
errence L. Belan lr' Frank U her Lifida G. Ma n son
City Manager Assistant City Manager Accounting Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: June 21, 1994
To: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: F.Y. 1994-95 Investment Policy
ISSUE STATEMENT:
The State of California requires that municipalities annually adopt a
City investment policy (section 53646 of the Government Code).
RECOMMENDATION:
Approve Resolution 94- which adopts the FY 94-95 Investment Policy.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the F.Y. 94-95 Investment
Policy and its accompanying resolution.
The proposed investment policy basically states the goal of the City's
investment activities, the types of investments the City will invest
idle funds in, and the monthly reporting requirements.
There have been no changes in the investment policy for FY94-95, from
the adopted policy for FY93-94.
PREPARED BY:
Linda G. Magnuson
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA,
ADOPTING THE STATEMENT OF'INVESTMENT POLICY
WHEREAS, it is necessary to annually adopt the City
investment policy as provided for in Government Code Section 53646,
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Diamond Bar that the attached Statement of Investment
Policy (Exhibit A) be adopted as presented herein.
PASSED, ADOPTED and APPROVED by the City of Council of
the City of Diamond Bar, California, this 21st day of June, 1994.
MAYOR PRO TEM
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
Council of Diamond Bar held on the day of
1994,
by the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
City Clerk
MUTATT A
CITY OF DIAMOND BAR
INVESTMENT POLICY - FY 1994-95
As a General Law City, Diamond Bar operates its pooled idle cash
investments under the prudent man rule. This insures that
11 ..investment shall be made with the exercise of that degree of
judgement and care, under circumstances then prevailing,
which
persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation but for
investment considering the probable safety o2261ei capitalhis as well the
as the probable income to be derived." ( #2261)
City a broad spectrum of investment opportunities, so long as the
legistmentlation is deemed prudent of the State f Californias allowable and the Genera under Lawcofrent
the
legislation
City of Diamond Bar.
The City of Diamond Bar strives to maintain the levelof mend
of all idle funds as near 100% as possible, g daily
projected cash flow determinations. Idle cash management and
investment transactions are the responsibility of the Treasurer and
investments are allowed in the following media:
Securities of the U.S. Government, or its agencies (and the
'when issued' market)
Certificates of Deposit (or Time Deposits), placed with
commercial banks and savings and loan companies
Bankers Acceptances
Negotiable Certificates of Deposit
Commercial Paper
Local Agency Investment Fund demand deposits
Repurchase Agreements and Reverse Repurchase Agreements
Passbook Savings Account demand deposits
Money market funds comprised of investments rated in the
highest category by Moody's Investors Services Inc. or by
Standard & Poor's Corporation.
Investment agreements or contracts representing the
unconditional obligations of entities (1) the secured long-
term debt obligations of which are rated in the top three
categories by Moody's Investors Service, Inc. or by Standard
& Poor's Corporation or (2) the short-term debt obligation of
which is rated in the highest category by either of such
rating agencies.
Tax-exempt obligations rated in either of the two highest
rating categories by Standard & Poor's Corporation or
Moody's Investor's Service, Inc., including money market
funds comprised solely of such obligations.
CITY OF DIAMOND BAR
Investment Policy
Page 2
hest quality investments
agency paper are the hug Certif icates Of
Government anddterms of safety and liquidity. and bankers
available in repurchase agreements,
deposit, savings accounts, Only commercial paper,
Standard & Poor's ratings, is purchased.
acceptances are insured or collateralized.
1 Moody's and P-1 of
with A- with the exception
highly liquid, deposit held by banks
Most investments are ate cash
ep
collateralized and insuNiaturi iescertlareeselected to ea anticipate
and savings and loans. the need for limited to
needs, thereby obliterating the
one year) are generally
Longer-term investments (or less.
maturities of five y hest yield obtainable when
is to obtain the hig eria for safety
Diamond Bar attemp provided that the criositive yield curve,
selecting investments, P through a positive
those of
liquidity are met. or
(i.e., long is to ladder its maturities longer term the Cltynatte p rates are higher a hug
shorter maturities), needs irk such a way that carry s or less.
meet anticipatedacthe extremely short market of 30 day
than State and self -
rates its investment pool with many
The City straints. It does not buy stocks or deal in futures or
imposed con
options. provided to the City
A monthly report of investments will be
po t are as follows:
Manager. The required elements of this rep
a) Type of investment
b) Institution
C) Date of Maturitycost of security in excess
d) Amount of deposit or
e Current market value of securities with maturitof
of twelve months the report to the statement
f) Statement relating
Investment Policy
g) Rate of interest
statement that there are sufficient funds to meet the next
h) S
30 days' obligations
of Diamond Bar's investment
The basic premise underlying the City s available when needed.
philosophy is to insure that money is alway
Terrence L. Belanger
City Manager
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of Council
MEETING DATE: June 21, 1994 REPORT DATE: June 17, 1994
FROM: Terrence L Belanger, City Manager
TITLE: Funding of Thursday and Saturday Library Service - Fiscal Year 1994-1995.
SUMMARY: During Fiscal Year 1993-1994, the City Council approved an allocation of $70,000 to the Diamond Bar
Branch Library. Of this amount, $60,000 was for the purpose of opening the library on Thursdays and Saturdays from
February 14 through June 30, 1994. The cost for this was calculated at $1,500 per additional open day.
We have been informed by the Library administration that the operational cost for Saturdays can be reduced to $1,400.
This would still maintain the children's program. Also, it is possible that some additional funding might be provided to the
library system from the Board of Supervisors, which could further reduce our daily cost, but the results of this will not be
known until July 14, 1994.
It is our recommendation , through the budget for Fiscal Year 1994-1995, to provide sufficient funding to keep the
Diamond Bar Branch open on Thursdays and Saturdays. $160,000 is provided for this purpose. In order to avoid a lapse
in this service, it is advisable that the Council authorize the Mayor to execute an agreement with the Library administration
for the purpose of funding the Diamond Bar Branch operations on Thursdays and Saturdays during Fiscal Year 1994-1995,
in an amount not to exceed $160,000.
RECOMMENDATION: That the City Council authorize the Mayor to execute an agreement with the Library
administration for the purpose of funding the Diamond Bar Branch operation on Thursdays and Saturdays during Fiscal
Year 1994-1995, in an amount not to exceed $160,000.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
_ Yes _ No
by the City Attorney?
N/A
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
N/A _ Yes —No
4.
Has the report been reviewed by a Commission?
N/A _ Yes _ No
Which Commission?
5.
Are other departments affected by the report?
N/A _ Yes _ No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Lange Frank M. Us er
City Manager Assistant City Manager
�!,7
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Clair Harmony, Mayor Pro Tem �.
RE: Project Signs - City Council Names
DATE: May 17, 1994
ISSUE:
Should the City Council ban the placing of Council Member
names on public works construction project signs?
RECOMMENDATION:
It is recommended that the City Council no longer place the
names of Council Members on public works construction
project signs.
DISCUSSION:
The monies used to fund public works construction projects
come from a variety of sources. The planning, design and
actual constrution of a public works project involve the
work and effort of many community persons. Instead of
singleling out just the five City Council members for credit
on project signs, the credit for the construction of public
works projects by the City should be,more general, e.g.,
..brought to you by the people of Diamond Bar..." or
s betterment..."
"...your tax dollars at work for community'
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manager')1
RE: 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 -Committee For Library Services
DATE: April 19,1994
ISSUE:
Shall the City Council establish a sub -committee of the
Council for library services liaison and related matters?
It is recommended that the
sub -committee of the City
of the Council.
DISCUSSION•
Mayor appoint a Library Services
Council, comprised of two members
The community of Diamond Bar is provided library services
through the County of Los Angeles Library District. The
District has suffered significant reductions in revenue, as
a consequence of State of California legislation which has
shifted property taxes, from County revenues, thereby
adversely affecting the full funding of library services.
The City recently provided short-term (March through June
funding support to the Library District to add two days of
library services, to the three days of County funded
services. There continues to be a need to communicate with
the County, the Library District, library user and support
groups, other cities and the State legislature regarding the
ices. A Council Library
future provision of library sery
sub-committee is an effective mechanism to accomplish such
objectives.
AGENDA ITEM NO. 9.12
NO DOCUMENTATION AVAILABLE
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City ManagerC,kj
rk''
RE: Brown Act - Council Continuing Subject Matter
Committees
DATE: May 17, 1994
ISSUE:
Brown Act affect upon City Council, less than a quorum,
continuing subject matter committees.
RECOMMENDATION:
It is recommended that the City Council modify the existing
continuing subject matter committee approach to issue
analysis by eliminating that type of less than a quorum
committee; and, replacing less than a quorum of the Council
issue analysis with a specific issue ad hoc committee
approach.
DISCUSSION:
The recent amendments to the Brown Act have changed the
rules as they apply to less than a quorum of the Council
committees (a memorandum regarding the affect of the new
changes on such committees is attachbd). Besides the
disadvatages to a less than than a quorum committee member
related to privately discussing issues within the ambit of
their continuing subject matter committee, the requirements
of the Brown Act -result in virtually every less than a
quorum committee meeting becoming a "mini" -Council meeting
complete with notice, agenda, record, staff reports, staff
presewo, meeting space which accommodates public attendance
and appropriate follow-up activities.
The City Council currently has designated twenty (20)
continuing subject matter committees, comprised of less than
a quorum of the Council. Each committee formally meets with
varying degrees of frequency, ranging from bi-weekly to once
or twice a year. However, under the Brown Act, the
frequency of meetings is not the determining criterion.
Rather, it is the designation of a continuing subject matter
jurisdiction that determines the applicability of the Brown
Act.
Council Committees
May 12, 1994
Page Two
DISCUSSION (coni):
The contraints and burdens placed upon continuing subject
matter committee members and staff would not appear to be
beneficial or desireable vis avis the relatively few
meetings that most of the committees hold. Instead, the
Council may wish to consider the retention of a very few
continuing subject matter committees, e.g., Finance/Budget,
Personnel.
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manager `\W
RE: Brown Act Requirements re Less Than Quorum Meetings Of A Legislative
Body
DATE: April 29, 1994
ISSUE:
A question has been raised regarding the application of the Brown Act as it
relates to less than a quorum meeting of members of a legislative body.
BROWN ACT:
California Government Code Section 54952 defines a 'legislative body" to be:
"...the governing body of a local agency ... a commission... committee, board, or
other body of a local agency,...whether permanent or temporary, decision-making
or advisory, created by charter, ordinance, resolution, or formal action of a
legislative body. However, advisory committees, composed solely of the members
of the legislative body which are less than a quorum of the legislative body are not
legislative bodies, except that standing committees of a legislative body,
irrespective of their composition, which have continuing subject matter
jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or
formal action of a legislative body are legislative bodies for purposes of this
chapter (The Brown Act)."
DISCUSSION:
Less than a quorum, that is less than a majority, of a legislative body may have
contacts or conversations between members of the legislative body and/or any
other persons, except that there cannot be any use of direct communication,
personal intermediaries, or technological devices employed by a majority of the
members of the legislative body to develop a collective concurrence as to action to
be taken on an item by members of the legislative body.
Diamond Bar legislative bodies include: City Council, Planning
Commission, Parks and Recreation Commisssion, Traffic and
Transportation Commission, General Plan Advisory Committee, Industry
Materials Recovery Facility Committee, Multi -Cultural and Resources
Committee, Council continuing subject matter sub -committees.
BROWN ACT
PAGE TWO
DISCUSSION (CON'T):
Simply stated. Individual members and/or less than a quorum group of members
of the Council, Commissions, or Committees can meet with each other and/or
members of the public and not be subject to the requirements of the Brown Act,
subject to the certain exceptions discussed above.
CITY COUNCIL APPOINTMENTS
(Effective 12-14-93)
COMMITTEA
�L�iE3I� ALTERNATE
California Contract Chiles Association
Sam Olivito, Exec. Dir., 10810 Paramount, Suite 202, wney, 90241, 310-861-3908
Meets 3rd Wednesday of each month at 6:30
restaurant locations of host City. Reservations required. hour), 7:30 p.m., dinner, various
CLOUT Bill Alexander, Chairman, Ansae f
Rancho Cucamonga Chamber of Commerce, 8280 Utica St., Ste. 160, Rancho Cucamonga,
CA 91730, 987-1012
Meets 4th ThLrer IX of each month at 7:30 a.m., Ontario Airport Marriott
Council of Governments (COG)
D.B. Chamber of Commerce
Maria Ochsner, Gen. Mgr., 22640 E. Golden Springs, A, 91765, 861-2121
Board of Directors: Meets 3rd Monday at 6:30 p.m., Chamber Office. Executive Committee:
Meets Tuesday at noon prior to monthly Board Meeting, at various restaurants, if needed.
East San Gabriel Valley Planning Committee DeStef "
Chris Lancaster, 818-858-7212
Meets 4th Thursday of each month at 6:30 p.m., at various restaurant locations of host city.
Planning Directors Sub -Committee:
Meets 4th Monday of each month at 12:00 noon at ,Cal Poly.
Foothill Transit Zone
p8H
Bill Forsythe, 100 N. Barranca #1980, W. Covina, 9179818-967-3147arMOnY
Meets 4th Thu 2dAy of each month at 8:00 a.m. at above address.
Four -Corners Study Sftering Committee Wernm
Anaarl
Meets as needed.
L.A. County Sanitation District No. 21 yyN
Charles Carry, Chief Engineer & Gen. Mgr., H�mony
Mailing: P.O. Box 4998, Whittier 90608-4998, 310-699-7411VI Rd., Whittier 90601-4998
Meets 4th Wednesday of each month at 1:30 p.m. at District Office
Rev. June 7, 1994
CITY COUNCIL APPOINTMENTS (Cont'd.)
(Effective 12-14-93)
League of Calif. Cities --L.A. County Division Werner Harmony
Jack O'Neil, Exec. Dir., 600 E. Huntington Dr., Ste. C, Monrovia 91016, 818-305-1315
Meets 1 st Thursday of each month at 6:30 p.m. at Almansor Court, 700 S. Almensor Street,
Alhambra
L.A. County City Selection Committee Werner Harmony
Larry J. Monteilh, Secretary, 383 Hail of Administration, 500 W. Temple St., Los Angeles,
90012, 213-974-1431
Meets: After the League of Calif. Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.)
San Gabriel Valley Council of Governments Ansad Werner
David Smith, Exec. Dir., 14156 Magnolia Blvd., Ste. 103, Sherman Oaks 91423, 818-907-
1664, FAX 818-784-1187
Meets 3rd Thursday of each month at 6:30 p.m. at various locations. Executive Session
5:00 P.M.
San Gabriel Valley Coalition Werner Harmony
Bill Forsythe (818)967-4700
Meets first Monday of each month 5:00 p.m., Arcadia City Hall, 240 W. Huntington,
Arcadia 91007
S.A.N.E. Program/Council Liaison Warner
Blanche Wilson, Starr Center
Colima & Telegraph, Whittier
Contact: Audrey Warner, W.V.U.S.D., 595-1261
Meets "as needed"
Sister Cities International Werner Anson►
120 S. Payne Street, Alexandria, Virginia 22314, 703-836-3535
FAX: 703-836-4815
Southeast Mosquile Abatement District Harmony
9510 Garfield Ave., South Gate, 90280, 310-927-6526
Meets 2nd Thursday at address above at 7:30 p.m.
Southern California Assn. of Governments (SCAG) Harmony Anson
Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213-236-1800
Tom Sykes, Representative for Dist. 37, City of Walnut, 595-7543
General Assembly meets annually each March - location to be announced
Rev. June 7, 19%
CITY COUNCIL APPOINTMENTS (Cont'd.)
(Effective 12-14-93)
Southern Califori" Joint Powers Insurance Authority Miller Harmony
4952 La PaMw Ave., La Palma, 90623, 714-827-3361
General Board Committee meets annually each July - location to be announced
L.A. County Metropolitan Transportation Authority Papen
818 W. 7th Street, Suite 1100, Los Angeles 90017
Meets: as necessary
Rev. JUM 7, 19%
City of Industry Llaisor►r
CITY COUNCIL SUB -COMMITTEES
(Effective 12-14-93)
WernwlAnsarl
Meets "as needed"
Animal Control
Papen/Mi/Aw
Meets "as needed"
City on Line Technical
Weiner
Meets "as needed"
Code Enforcement Committee
Warner/Ansarl
Meets "as needed"
Economic Development
Answi/Hannony
Meets was needed"
Entry Signs
Mlilllsr/Papen
Meets "as needed"
Finance
Ans&41Harnany
Meets "as needed"
Graffiti
Aww/Papen
Meets "as needed"
General Plan Advisory Committee
Warner/Ansarl
Meets 2nd & 4th Tuesdays of each month
Historical Committee
MANw/Papen
Meets "as needed"
Jones Intercable
Wernw Marmony
Industry Materials Recovery Facility 0MRF)
Harnwny/Ansa f
Library Funding
Multi -Cultural
Warnrr/Ansed
Personnel
Werner/Harmony
Meets "as needed"
Pomona Unified School District
Wirner/Harmony
Brenda Engdahl, 800 S. Garay Ave., Pomona 91769-2900, 622-0486
Mailing: P.O. Box 2900, Pomona 91769-2900, 622-0489
Meets: as necessary
Rev. June 7, 1994
CITY COUNCIL SUB -COMMITTEES (Cont'd.)
(Effective 12-1493)
Senior Citizen Issues
Meets was needed"
Solid Waste
Meets "as needed"
Ranch Festival
Meets "as needed"
Undeveloped Land Entitlements
Meets "as needed"
WernerlAnsad
Harmony/Wernar
MI//er/Papen
Ans&WH&v wny
Walnut Valley Unified School Dist. Warner/Assad
Joann Hanson, Sec'y., 880 S. Lemon Ave., Walnut 91789, 595-1261
Meets 1st and 3rd Wednesdays. 7:00 p.m., W.V.U.S.D. Board Room
Wildlife
Rev. Jit 7, 1994
CITY COUNCIL APPOINTMENTS
(Effective 12-14-93)
COMMITTEE
Al TERNAT
California Contract CMOs Association
rmony Ansarl
Sam Olivito, Exec. Dir., 10810 Paramount, Suite 202, Downey, 90241, 310-861-3908
Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30
restaurant locations of host City. Reservations required. p•m•• dinner, various
CLOUT Bill Alexander, Chairman, Ansarl
Rancho Cucamonga Chamber of Commerce, 8280 Utica St., Ste. 160, Rancho Cucamonga,
CA 91730, 987-1012
Meets 4th Thursday of each month at 7:30 a.m., Ontario Airport Marriott
Council of Governments (COG)
D.B. Chamber of Commerce
Maria Ochsner, Gen. Mgr., 22640 E. Golden Springs, A, 91765, 861-2121
Board of Directors: Meets 3rd Monday at 6:30 p.m., Chamber Office. Executive Committee:
Meets Tuesday at noon prior to monthly Board Meeting, at various restaurants, if needed.
East San Gabriel Valley Planning Committee
Chris Lancaster, 818-858-7212 DeStefano
Meets 4th Thursday of each month at 6:30 p.m., at various restaurant locations of host city.
Planning Directors Sub -Committee:
Meets 4th londay of each month at 12:00 noon at Cal Poly.
Foothill Transit Zone
Bill Forsythe, 100 N. Barranca #980, W. Covina, 91791, 818-967-3147
Meets 4th Thursday of each month at 8:00 a.m. at above address.
Four -Corners Study Sbering Committee
Werner Ansai-i
Meets as needed.
L.A. County Sanitation District No. 21
Charles Carry, Chief Engineer & Gen. Mgr., Werner Harmony
8
Mailing: P.O. Box 4998, Whittier 90601-4998, 30699-74111 Rd., Whittier 90601-4998
Meets 4th Wednesdav of each month at 1:30 p.m. at District Office
Rev. June 7, 1994
CITY COUNCIL APPOINTMENTS (Cont'd.)
(Effective 12-14-93)
League of Calif. Cities --L.A. County Division Werner Harmony
Jack O'Neil, Exec. Dir., 600 E. Huntington Dr., Ste. C, Monrovia 91016, 818-305-1315
Meets 1 st Thursdav of each month at 6:30 p.m. at Almansor Court, 700 S. Almansor Street,
Alhambra
L.A. County City Selection Committee Werner Harmony
Larry J. Monteilh, Secretary, 383 Hall of Administration, 500 W. Temple St., Los Angeles,
90012, 213-974-1431
Meets: After the League of Calif. Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.)
San Gabriel Valley Council of Governments Ansari Werner
David Smith, Exec. Dir., 14156 Magnolia Blvd., Ste. 103, Sherman Oaks 91423, 818-907-
1664, FAX 818-784-1187
Meets 3rd Thursday of each month at 6:30 P.M. at various locations. Executive Session
5:00 p.m.
San Gabriel Valley Coalition Werner Harmony
Bill Forsythe (818)967-4700
Meets first Monday of each month 5:00 p.m., Arcadia City Hall, 240 W. Huntington,
Arcadia 91007
S.A.N.E. Program/Council Liaison Werner,
Blanche Wilson, Starr Center
Colima & Telegraph, Whittier
Contact: Audrey Warner, W.V.U.S.D., 595-1261
Meets "as needed"
Sister Cities international Werner Ansari
120 S. Payne Street, Alexandria, Virginia 22314, 703-836-3535
FAX: 703-836-4815
Southeast Mosquito Abatement District Harmony
9510 Garfield Ave., South Gate, 90280, 310-927-6526
Meets 2nd Thursday at address above at 7:30 p.m.
Southern California Assn. of Governments (SCAG) Harmony Ansi/
Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213-236-1800
Tom Sykes, Representative for Dist. 37, City of Walnut, 595-7543
General Assembly meets annually each March - location to be announced
Rev. June 7, 1994
CITY COUNCIL APPOINTMENTS (Cont'd.)
(Effective 12-14-93)
Southern California Joint Powers Insurance Authority Miller Harmony
4952 La Palma Ave., La Palma, 90623, 714-827-3361
General Board Committee meets annually each July - location to be announced
L.A. County Metropolitan Transportation Authority Papen
818 W. 7th Street, Suite 1100, Los Angeles 90017
Meets: as necessary
Rev. June 7, 1994
City of Industry Liaison --
Meets "as needed"
Animal Control
Meets "as needed"
City on Line Technical
Meets "as needed"
Code Enforcement Committee
Meets "as needed"
Economic Development
Meets "as needed"
Entry Signs
Meets "as needed"
CITY COUNCIL SUB -COMMITTEES
(Effective 12-14-93)
Werner/Ansarl
Papenlmmbr
Werner
Werner/Ansarl
Ansari/Harmony
Finance Ansarl/Harmony
Meets "as needed"
Graffiti MlNWIPapen
Meets "as needed"
General Plan Advisory Committee Wyraw7,gnsad
Meets 2nd & 4th Tuesdays of each month
Historical Committee Miller/Papen
Meets "as needed"
Jones Intercable
Werner/Harmony
Industry Materials Recovery Facility (IMRF)
Harmony/Ansarl
Library Funding
Multi -Cultural
Werner/Ansarl
3ersonnel
Werner/Harmony
Meets "as needed"
'omona Unified School District
WernwMarmony
Brenda Engdahl, 800 S. Garay Ave., Pomona 91769-2900, 622-0486
Mailing: P.O. Box 2900, Pomona 91769-2900,
622-0489
Meets: as necessary
Rev. June 7, 1994
CITY COUNCIL SUB -COMMITTEES (Cont'd.)
(Effective 12-14-93)
Senior Citizen Issues
Meets "as needed"
Solid Waste
Meets "as needed"
Ranch Festival
Meets "as needed"
Undeveloped Land Entitlements
Meets "as needed"
Werner/Ansarf
Harmony/INerner
Millef/Papen
Ansari/Harmony
Walnut Valley Unified School Dist. Werner/Anserl
Joann Hanson, Sec'y., 880 S. Lemon Ave., Walnut 91789, 595-1261
Meets ist and 3rd Wednesdays, 7:00 p.m., W.V.U.S.D. Board Room
Wildlife
Rev. June 7, 1994
AGENDA ITEM NO. 9.14
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 9.15
NO DOCUMENTATION AVAILABLE
VERBAL PRESENATION BY CITY ATTORNEY
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. /0, /
TO: Honorable Mayor and Members of Council
MEETING DATE: June 21, 1994 REPORT DATE: June 17, 1994
FROM: Terrence L. Belanger, City Manas;er
TITLE: Auditing Services for Fiscal Year 1994.
SUN04ARY: The firm of Thomas, Bigbie & Smith has prepared the annual audit for the City of Diamond Bar for Fiscal
Years 1990 through 1993. As indicated in the Budget Message for Fiscal Year 1995, it is our recommendation to retain
this firm for the audit of Fiscal Year 1994. In significant part, this recommendation is made because of the necessary
maternity leave and absence of two of the three Finance Department employees during the audit period.
It has become customary that municipalities change audit firms approximately every five years. If Council approves this
recommendation, this would be the fifth year with this firm.
Thomas, Bigbie & Smith is a well-qualified firm in public accountancy. Public clients have included the Cities of Riverside,
San Bernardino, Chino, Corona, Indian Wells, Palm Desert, Indio , Rancho Mirage, as well as many other cities and public
agencies in Riverside, San Bernardino, and Los Angeles Counties. The proposed fee for the Fiscal Year 1994 audit is
$12,500.
RECOMMENDATION:
That the City Council retain the firm of Thomas, Bigbie & Smith to prepare the annual audit for the City of Diamond Bar
for Fiscal Year 1994.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
N/A _ Yes —No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
N/A _ Yes _ No
4.
Has the report been reviewed by a Commission?
N/A _ Yes _ No
Which Commission?
5.
Are other departments affected by the report?
N/A _ Yes _ No
Report discussed with the following affected departments:
REVIEWED BY:
�_� 2 5 5 L7Terrence L. BelaAer Frank M. Usher
City Manager Assistant City Manager
L RECEIVED 06/17 14.el j7l H TFIC� BIGBIE,SMITH
JIN�l-17-1994 14:46
Thomas, Bigbie &Smith
C,t,&dPubUC AecountantR
June 17, 1994
Terrence L. Belanger, City Manager
City of Diamond Bar
21660 East Copley
CaliforniaDrive,
91765-4177
Diamond Bear,
Dear Mr. Belanger:
DOMW 4 Whom•*, CPA I(&rnJ)
V.C. Sm& Jr.. CPA
k` D. Bigbie, CPA
RidaM A. TeNman,CaA
this
Pursuant ton your request, W" i arepleased
lDi�nd Barfort the year ended
osal
for the Annual Audi
Juno 30, 1994.
For purposes of simplicity
our proposal of April 20, 1994 remains
in effect except our proposal is for one year only.
For 1993-94 we propose a maximum annual fee of $12,500.
As ws demonstrated last year, the maximum fees include other
accounting servicesno related
elat rto eport a the State Controller anannual audit d
preparation o! the annual
assistance with various accounting and budgeting methods an
matters.
concern over any costs incurred by the City
We can appreciate your to you personally and explain in more
and would be happy to
talk detail our position in this matter.
Sincerely,
THOMAS, BIGBIE Corporation
An Accountancy
46-j a J..
By: Richard A. Teaman
Certified public Accountant
cc: Linda Magnuson
420118 1 rocjLton Avenue, Suite 106 - Riverside, California 92561 • Te4hwe (909) 662 -WI • Facsimile (909) 6K -6W
TOTAL P.02
)0, Z
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
DATE: June 7, 1994
TO: Honorable Mayor and Members of the City Council
VIA: Terrence L. Belanger, City Manager
FROM: Troy L. Butzlaff, Assistant to the City Manage
SUBJECT: Status Re ort and Request for S ecial Legal Services
The following is a status report on the activities of the Materials Recovery Technical
Advisory Committee and the City with respect to the proposed Materials Recovery Facility
in the City of Industry.
In April, the City Council established an ad hoc citizens advisory committee to help
stimulate broad-based community discussion on the proposed Industry Materials Recovery
Facility. The Committee has been meeting on a bi-weekly basis and has approximately
45 members of which 20 are actively involved with the committee. The Committee has
created several subcommittees to address specific issues of interest. These
subcommittees include: a Education/Communications Subcommittee; a Technical
Subcommittee; a Legal/Legislative Subcommittee; and a Community Action Group.
The Committee has been very aggressive in their efforts to alert the community about the
proposed materials recovery facility. Committee members have dedicated countless hours
manning tables at supermarkets, collecting signatures on petitions, calling residents to
inform the about the proposed project, reading the Draft Environmental Impact Report,
researching into various technical ways of opposing the project, and attending numerous
meetings. The City has been equally as aggressive in informing the community about this
project and what residents can do to express their opposition. In addition, the City has
supported the Committee's efforts in a number of ways. Some of the more significant
efforts include:
The City has prepared several different information pieces that have been distributed to
the community. In March, the City prepared and distributed a special newsletter entitled
"The MRF File." This newsletter was entirely dedicated to inform the public about the
proposed facility and its potential environmental impacts. Earlier this month the City
prepared an informational flyer on the proposed project highlighting some of the more
significant environmental impacts that the proposed facility would have on our community.
This flyer was distributed with the City's Quarterly Community Newsletter which is mailed
to all residences in the City. In addition, the City, in conjunction with the MRF Committee,
has prepared a letter to Industry businesses informing them about the proposed project
and how this project could negatively affect them. It is anticipated that this letter will be
mailed to all 1685 businesses in the City of Industry next week. A copy of this letter has
been attached for your information.
The City's environmental consultant, LG&E Power Engineers and Constructors
Incorporated gave a technical presentation on Wednesday, June 8, 1994. The primary
focus of this presentation was to address some of the environmental issues pertaining to
California Environmental Quality Act (CEQA) and to outline some of the consultant's
preliminary findings regarding the Draft Environmental Impact Report. Following the
presentation, the consultant answered a number of the Committee's questions and
engaged in some useful discussion regarding the proposed MRF.
The City has been actively tracking Assembly Bill 2969 which was introduced by
Assemblyman Horcher. If approved, AB 2969 would prohibit the sitting of a transfer or
processing station, including a materials recovery facility, within a 2,000 feet radius of
property that has been zoned for single or multiple family residences, a hospital, school
or child care facility. The Bill was scheduled to be heard in the Senate Governmental
Organizational Committee on Tuesday, June 14, 1994, but was pulled by the author at the
last minute. The Bill is now scheduled to be heard by the same Committee on Tuesday,
June 21, 1994. The Mayor has sent the attached letter to Chairman Dills indicating the
City's support for this legislation and the significant importance that this Bill has to our
community. The Mayor is scheduled to appear before the Committee next Tuesday and
will be providing oral testimony in support of this Bill.
On Wednesday, June 15, 1994, Terry Trumbull, senior counsel for The Trumbull Law Firm
specializing in solid waste and recycling law, and Tom Jordon, an environmental partner
in the law firm of Hopkins & Carley, made a presentation to the Committee regarding legal
strategies for opposing the proposed City of Industry Materials Recovery Facility. The
Committee was genuinely impressed by this presentation and has suggested that the City
retain the services of Mr. Trumbull and Mr. Jordon to analyze the Draft Environmental
Impact Report and to prepare written comments that can be incorporated into the
comments being prepared by LG&E Power Engineers and Constructors, Inc.
At the suggestion of the Committee, staff has made arrangements to visit an operational
recycling and waste reduction facility in San Marcos, California. The tour of the North
County Recycling and Waste Reduction Facility will be held on Tuesday, June 21, 1994.
The City has arranged for bus transportation to and from the San Marcos facility.
Interested residents are asked to assemble in the rear parking lot of City Hall at 8:30 a.m.,
on the day of the tour. The. bus will depart promptly at 9:00 a.m., return at approximately
4:00 p.m., and will include a stop for lunch prior to returning to Diamond Bar.
The City will be offering round-trip shuttle service for any Diamond Bar resident interested
in attending the June 23rd., public hearing on the proposed Materials Recovery Facility
in the City of Industry. Residents desiring to take advantage of this service are asked to
meet in front of City Hall. The shuttle will transport resident to and from the public hearing
beginning at 8:30 a.m., on the day of the hearing. Shuttle services will be available once
per hour throughout the duration of the hearing.
COMMITTEE'S REQUEST
The Committee has expressed concern that without immediate legal representation the
City may be relinquishing its .legal right to properly respond to the Draft Environmental
Impact Report and to raise any future issues of concern. They have recommended that
the City Council retain special legal counsel, from a firm specializing in environmental or
land -use law, to review the Draft Environmental Impact Report and to work in conjunction
with the City and the City's consultant LG&E Power Engineers. and Constructors
Incorporated in preparing written comments. Furthermore, the Committee has expressed
concern that the City's paid lobbyist, Joe Gonsalves and Son, may have an inherent
conflict of interest in representing the City's interest on the proposed MRF because they
also represent the City of Industry. This perceived conflict of interest has generated a
great deal of debate at Committee meetings and has caused some members of the
Committee to request another lobbyist to represent the City's interest on this issue. The
MRF Committee has also requested that the City allocate funds for the purchase of
banners, buttons, T-shirts, posters, and other items to help heighten community awareness
on the proposed project. For the Council's information, a copy of the MRF Committee's
request is attached.
City staff has asked Mr. Terry Trumbull to submit a proposal for legal services. Mr.
Trumbull has submitted the attached proposal outlining an aggressive scope of work.
Considering the relatively short amount of time before the comment period expires, staff
has engaged the services of Mr. Trumbull and Mr. Jordan to examine the Draft
Environmental Impact Report to insure that the City's legal rights are protected. In
addition to their legal analysis, Mr. Trumbull and Mr. Jordon will prepare draft testimony
that can be presented by the Mayor at the upcoming public hearing. City staff believes
that the other tasks outlined in Mr. Trumbull's proposal are important and would be
beneficial for the City to undertake.
RECOMMENDATION: It is recommended that the City Council approve the expenditure
of $10,000 from the special legal services fund (001-4020-4021) in order to retain
specialized legal services to review the proposed Industry Materials Recovery Facility and
corresponding environmental documentation. It is further recommended that the City
Council authorize the City Manager to execute an agreement with The Trumbull Law Firm
to provide: (1) a detailed legal analysis of the Draft Environmental Impact Report; (2) to
prepare written comments emphasizing the major non-CEQA related issues; to coordinate
written and oral comments with the City's environmental consultant, LG&E Power
Engineers and Constructors, Incorporated; and to prepare an outline of litigation issues
and concerns associated with the City's opposition to the project.
Industry Materials Recovery Facility
Technical Advisory Committee (IMRF-TAC)
21160 East Copley Drive, Suite 100, Diamond Bar, CA 91765 - (909) 396 MURF
Dear Neighbor:
�J
June 13, 1994
We are contacting you and other business leaders in our community to urge your partici-
pation in our efforts to stop the Materials Recovery Facility (MRF) that the City of Industry
is proposing to locate near the intersection of Grand Avenue and Valley Boulevard. This
site is in the valley between the communities of Diamond Bar and Walnut. While this
project may be beneficial to the City of Industry, the economic and personal hardships that
will be suffered by the rest of us who live and work in the area will be considerable.
Consider how you and your business will be affected by the following: massive traffic
congestion, repulsive odor, unhealthy air, disease and rodents. This valley is our home,
the place we've chosen to raise our kids and earn our living. We already have four major
dumps, an aquifer on the "Superfund" list and nearly 180 days a year of "unhealthful" air.
Enough is enough.
Together, we are a community. Your neighbors who live in Walnut and Diamond Bar do
much of their shopping in the City of Industry. We are asking that you join us in our fight to
stop the MRF. Please use your influence to convince the City of Industry to be a good
neighbor, and to realize that the MRF will discourage trade, severely damage property
values and affect the health of all of us.
We encourage you to call or write the following individual to voice your concern, and to
attend the Public Hearing on Thursday, June 23, 1994, at 9:30 a.m. in the City of Industry
Council Chambers (address below):
John Ferrero, Mayor City of Industry (818) 333-2211
City of Industry 15651 East Stafford Street
Industry, CA 91744
Sincerely,
Mary Razavi, Co -Chairman Curtis Postel, Co -Chairman
News and
Information
from the
City Of
Diamond Bar
• FOR IMMEDIATE RELEASE •
"Diamond Bar Residents To Get
Legal Facts About MRF"
Diamond Bar, CA — Mr. Terry Trumbull, senior counsel for
The Trumbull Law Firm in San Jose, California, will be making a
presentation outlining legal strategies for opposing the proposed City
of Industry Materials Recovery Facility, on Wednesday, June 15,
1994, at 7:00 p.m.,
in the South Coast Air Quality Management
District, Room CC -6.
The City of Industry's plan to construct a materials recovery
facility adjacent to the City of Diamond Bar border has caused
residents to form a pro -active group that actively opposes the
proposed City of Industry facility. The group, known as the Industry
Materials Recovery Facility Technical Advisory Committee (III RF -
TAC) has been consistently campaigning against the MRF, and has
worked closely with the City of Diamond Bar in initiating a series of
informational meetings for local residents.
The June 15th meeting, to be held at the SCAQMD, 21865
Contact: Troy Butzlaff
Assistant to the
City Manager
(909) 396-5689
City of Diamond Bar • 21660 E. Copley Drive, Suite 100 • Diamond Bar, California 91765 • (909) 860-2489
East Copley Drive, Diamond Bar, CA, will focus on the legalities
and potential courses of action that may be available to the
Diamond Bar community.
Mr. Trumbull, who represents The Trumbull Law Firm, a
Page respected legal agency that specializes in environmental and land
2 Of 2 use issues, will address concerned residents, and will field
questions that pertain to regulatory compliance. Specifically, Mr.
Trumbull will provide information which relates to meeting
California Environmental Quality Act (CEQA) requirements.
The Trumbull Law Firm has represented public and private
sector clients since 1984, and currently represents over 100
California local governments. Mr. Trumbull has been directly
involved in two of the nation's largest "superfund cases — the
$650 million Operating Industries case and the $5 billion cleanup
of Los Angeles harbor. He has also worked on over 100
contaminated property issues throughout the state.
Concerned residents of the communities of Diamond Bar
and Walnut are encouraged to attend the meeting, become more
informed and participate in the effort to halt the MRF project.
40
News and
Information
from the
City of
Diamond Bar
+ FOR IMMEDiA-VE IKLLEASl: •
"City Invites Community to
Examine A MRF"
Diamond Bar, CA — The City of Diamond Bar is offering
residents an opportunity to visit a fully operational recycling and waste
reduction facility in San Marcos, California on Tuesday, June 21, 1994.
The tour, which is sponsored by the City, will provide Diamond
Bar residents and officials with a firsthand look at what they may be
facing if the City of Industry's proposed Materials Recover Facility is
constructed. The City of Industry would like to place the MRF site
adjacent to Diamond Bar and Walnut city borders, and many residents
are concerned about the potential negative impacts the facility will have
on their environment.
Transportation to and from the San Marcos facility will be
provided by the City. However, Diamond Bar residents who are
interested in participating in the fact-finding visit are encouraged to call
(MORE)
Contact: Troy Butzlaff
Assistant to the
City Manager
(909) 396-5689
City of Diamond Bar - 21660 E. Copley Drive, Suite 100 - Diamond Bar, California 91765 - (909) 860-2489
Page
2 of 2
the City and reserve a seat, as seating is limited.
Tour participants should assemble at the rear parking lot of City
Hall, 21660 E. Copley Drive, at 8:30 a.m. on Tuesday, June 21. The bus
will depart promptly at 9:00 a.m., return at approximately 4:00 p.m., and
will include a stop for lunchpriorto returning to Diamond Bar. The actual
facility tour will last approximately 1-1/2 hours.
For additional information, or to place a reservation, contact Troy
Butzlaff at the City of Diamond Bar, (909) 396-5689. Reservations
should be made no later than Monday, June 20th, at 1:00 p.m.
• FOR IMMEDIATE RELEASE •
"Shuttle Service Offered to
Diamond Bar Residents"
News and Diamond Bar, CA — The City of Diamond Bar will be offering
Information
from the round-trip shuttle service for any Diamond Bar resident interested in
City Of attending the June 23, 1994 public hearing on the proposed Materials
Diamond Bar Recovery Facility (MRF) in the City of Industry.
The free shuttle service is being provided for Diamond Bar
residents who require transportation assistance, and further demon-
strates the City's commitment to the environment by reducing individual
vehicle trips through the implementation of bus -type -services.
The public hearing is scheduled to begin at 9:30 a.m. at the City
of Industry Council Chambers. Residents desiring to take advantage of
this service are asked to meet in front of the Diamond Bar City Hall,
21660 E. Copley Drive. Shuttle service will begin at 8:20 a.m., and will
run once per hour throughout the duration of the hearing.
Contact: Troy Butzlaff
Assistant to the
City Manager
(909) 396-5689
City of Diamond Bar • 21660 E. Copley Drive, Suite 100 • Diamond Bar, California 91765 • (909) 860.2489
21660 EAST COPLEY DRIVE • SUITE 100
DIAMOND BAR, CA 917654177
909-860-2489 • FAX 909-861-3117
L/
June 10, 1994
Honorable Ralph Dills, Chairman
Senate Governmental Organization Committee
5048 Capitol Building
Sacramento, CA 95814
Re: SUPPORT Assembly Bill 2969 (Horcher)
Dear Senator Dills:
The City of Diamond Bar seeks your favorable consideration for legislation which will
preserve the quality of life in our community and many others by preventing the con-
struction of transfer or processing stations within close proximity to residences, child
care centers and hospitals where the potential environmental impacts of these facilities
can cause the most harm.
If approved, Assembly Bill 2969 would prohibit the issuance of a solid waste facility
permit to any transfer or processing station, including a materials recovery facility,
located within a 2,000 feet radius of property that has been zoned for single or multiple
family residences, a hospital, school, or child care facility.
The City of Diamond Bar is cognitive of the State's solid waste crisis and the rapidly
diminishing disposal capacity of local landfills and has developed an aggressive source
reduction and recycling ethic. The City is not capriciously opposed to materials
recovery facilities or transfer stations, but believes that these facilities, if properly sited,
can be a viable means of reducing the volume of waste being disposed of in landfills.
However, we are strongly opposed to the placement of these facilities in areas where
they are incompatible and inconsistent with surrounding land -uses. For example, the
City of Industry is considering plans to build a 5,700 tons per day Materials Recovery
Facility located less than 1/4 mile from Diamond Bar homes, a State hospital for the
physically and mentally disabled, and less than 1,000 feet from the local YMCA and
adjacent softball fields. Our community is particularly concerned about the serious
environmental risks, especially the potential odors, vectors, vermin, noise, light glare,
traffic congestion, and increased air pollution, that this facility would have to the
Gary H. Wemer Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
RECYCLED PAPER
Letter to Senator Dills
June 10, 1994
Page Two
thousands of residents forced to live near it; the doctors, nurses, staff, and hundreds of
physically and mentally disabled patients of the Lanterman State Hospital and Develop-
mental Center; and to the members of the local sports organizations, senior citizens and
hundreds of children who regularly use the YMCA and adjacent softball fields. For the
thousands of people who will ultimately be impacted by this facility we ask; Why should
a city, which has now residentially zoned property of its own near the proposed site, be
able to arbitrarily impose this facility and all of its associated environment impacts upon
our community. Although the answer may never be known, this is exactly what AB
2969 was crafted for; the irresponsible and incompatible siting of waste transfer or
processing facilities.
While I can understand that some may see this legislation as preemptive of local land use
authority, I believe that the State has a responsibility, if not a duty, to insure that all
solid waste facilities are appropriately located in order to minimize their environmental
impacts upon surrounding land uses. Specifically, California Public Resources Code
Section states that "the state shall exercise its legal authority in a manner that ensures an
effective and coordinated approach to the safe management of all solid waste generated
within the state and shall oversee the design and implementation of local integrated waste
management plans." AB 2969 will insure an "effective and coordinated approach to the
safe management of all solid waste" by requiring that solid waste facilities, like the
proposed City of Industry Materials Recovery Facility, are properly sited near compati-
ble land uses. Without AB 2969, the City of Industry may be able to proceed with their
proposed project without regard to the thousands of men, women, and children they will
place in peril.
On behalf of the Diamond Bar City Council, I strongly urge you and your colleagues on
the Governmental Organizational Committee to support AB 2969. In doing so you will
protect the residents of our community from the selfish financial interests of another
community and their insensitive land -use decisions.
Sincerely,
Gary H�erner
Mayor
GHW:TLB:nbw
cc: Assemblyman Paul Horcher
City Council
Memorandum
To: Mayor Gary H. Werner and City Council Members
From: IMRF - Technical Advisory Committee
Date: May 28, 1994
Subject: Request for Legal Counsel/Diamond Bar Lobbyist
As you are aware, the City of Industry has issued a new Draft
Environmental Impact Report concerning the Materials Recovery
Facility that is proposed for construction immediately adjacent to the
City of Diamond Bar. According to a letter dated September 2, 1993,
from Peter Lewandowski of LG &- E Power Systems to the Diamond Bar
City Manager, "[t]he City of Diamond Bar ... has legitimate
environmental concerns about the potential impacts upon the City and
its residents should the City of Industry Materials Recovery Facility
(IMRF) be developed as proposed." Based upon the materials reviewed
to date by the Technical Advisory Committee, it appears that many of
the adverse environmental impacts may be impossible to mitigate for
both the City of Diamond Bar and its residents.
With the above in mind, it seems likely that, legal action will ultimately
be necessary to stop the proposed IMRF. Moreover, it is the
understanding of the members of the Technical Advisory Committee
that state law requires that all objections to the proposed IMRF be
raised during the Draft EIR public review period in order to preserve
those issues for future legal action, should such action become necessary.
Accordingly, the Technical Advisory Committee makes the following
recommendation to the City Counsel:
Immediately retain legal counsel, who specializes in
environmental law, to work in conjunction with both the City of
Diamond Bar and the consultants from LG S& E Power Systems.
Legal counsel should, at this time, be hired for a limited retainer
fee with the express purpose of ensuring that the legal rights and
remedies of the City and its residents are preserved for possible
future litigation. Because the public comment period expires on
July 5, 1994, time is of the essence in considering this request.
In addition to the above request, it has come to the attention of the
Technical Advisory Committee that the Sacramento lobbyist employed
by the City of Diamond Bar to represent the City and its residents is the
same lobbyist that is employed by the City of Industry. Given the
serious health and environmental impacts of the proposed IMRF, and
the fact that legislation currently proposed could impact on the project
(i.e. AB 2969), the Technical Advisory Committee expresses its concern
to the City Council over this potential and serious conflict of interest.
Thank you for your attention to these matters.
Sincerely,
Curtis Postel
Committee Co -Chair
imrf-3.1
Mary Ellen Razavi
Committee Co -Chair
2
L RECEIVED 06/16 17:05 1994 Al ��j;-rr,- � __' !.
--
JUN 16 '94 17:25 020 HOPKINS SJ +1 P.02
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TRUMBULL LAW SouLXVAIM MM 137-4100 AIM=M
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WNMtWM9ffAL LAN AM LAM USS
June 16,1994
Tenam BelanSa, ah► WW=W
26pB&A Copley privy, Static 100
piamood Bar, CA 9170-3117
Subject: Opposition to bW is City of IndushY
near Mr.
nit to y W in the City °f Tn�• s NW
we are very pleased to Have the oppoltu y
`Phis work would consist of 3 tesla.tp 21 ft hming on lune 23. ;
1. fm of dtait Many for the Mayor ro Pam Tw*Mbe Eby � 1u1Y 5
2. p�radw of dewed c � ts oaf th � will be to deter m
written colnnleat$ daedt . m bpd. So y� AMS coaman W to in"Wile OWN
I== raised hY my pts
the aommm" of the C Ws CFQA consultnt; amoc�md with the CSity's
3.' Prepmatim of on autl W of the lid Umm and cancans
oppostdon to the pfojact.
Upon signorcure of ft letter by you, we will bqP work °" the It* task You arm to
immedistely disbuns a check to us at that time faf $S,M
Work as the second and third task will not aaeur it k work Off� ° f these bastes. � its
lune 21 meeting. We will bill you 55000 tot this
No additional work will bs done without express written a dWd fiom YML
'lima lettrx, wtdch we are required to send to you Pwsmt ill Seam 148 of the Ce ifon is
Buslnm and Frofwions CO&, W11 rmfir m ft be& *x wM* oor feral *M pto►►Z�>�
mvim to you and bill you for Se ccs and COSM
'The usdeftned notate of any additional
workm*W it� po b� do ofamount
of fees em may be in=n& InstePid, you wM races
fess and costs lnctnred aurin$ tine prior month. Our wank will be pol-CE-mea at ymWyoud6c"L
Nabuilly, we expect You to ask us about the pcosible tendo of lbs subject enter orf the
However,
wee cannot ,,,Mtss any porta ftr re Uj1L Wo nop about
the outcome of the matte and any opinim of fired by us doss Plot cWWtult a 8aes"
TMILY A.'rRil suU,MOW 3• R"XN
HOPKINS SJ *1 P. 63 `AIED PACE 3) ]
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1� ALWATW aDUUMARD XUtM 1373
SAN rOe$ G 43113 409-2 -1313 FAX gW47W
HNV1210MA N[AL LAW AND LAND tnB
'W" have ty
a the by t Mer ii a of for your wreseattdon, end the firm WM tate other MMU" and
aoncecrts but eotercise of our pd"g� judpmt. Ifatany time You hm questiot�a,
informed orally P� Contact me at Ofift Nattaariy, we expect yon to WV m reasommy
t developments in tl,atoen l kdng m our wade.
wereview an sk*nwu befbte they ate iaa and to wow dist the amoantqqm3pjate,
y R10 t�T oil me AuAs wu-uu alutur ou~ v UM d is i� I �aww An
a* nqs and � aw6hwta *vhu did "work. r y
Our hourly rata aro bmed upon the acpakncc, woe and abiiity of" Lw)w or d%l
uWan't Pwftwird the Mmioee. and for 19% ranMe 1tetum Sl 80 and SM >lwhm for
e00r'1 A' dni0. &W betwom So and S" for the time of 1cga1 aiwim"tL My time u =nwoy
trilled at the hanrdy rxa• of 2'7S.
per how far your wCrlc. Il wm0r, both Tom 7ottdan and I will reduce our t>t to 1250
Out howly time is obargod in iwoments of I/IV of an bone (i.e., d minae unfits), perm
sftvcture in goenerW or the later of particular IAWYM sat be
u�y adjusted as of the beginning of each calendar ma be
flnitr time to time, and is
It will be neoesssry for tis to bill you for items am* a, but not Umited to, Car andlong duqwe
WsPhono antis, tiling fra, phojwqp*D, stcr is W overtime, oomputt�,7M 1 1
jUwbe
U10-'These'aeras aro tbparaady Itemized on our ata wimit m � � +�awums wall d
the
billed in additiOn to tits pe+ofesdonel pas.
We will send you motWlly statements, and tacpeet p11Ymwt wilt 30 days of the billing dalL
We wely have disputes with clients over our feet. N
are entitled m require #W any * di � you sttotttd be awaro that you
at eBn tt b to arbitration talcs for be resolved by birWWg albiiratioa in 143 Angdee Coultty
legal fee disputa of the Los Angdes County Bar Asaooietion.
You have the dght w wmimto our reprtambWw al Ruy $iv1 am& We have dw stats
subjoot to an obUgtaloo CO right.
c��• Y� �e seCtt� new outlnsel � �' to atr� dln,u�tihrt lGtitati�n, Tn esithrr
OMPN a AMY In dw 3111WOution of the neer MM*d �,�Nd of MWr& u >�bk and to
termietWan of aw ql, you wiil remain >tiolwT� the
p� tiwdo. ob d to pry b us all rises and Coda iwwred
SWtr law ri�uiers altorstiys � dlecloa � carrier sed secant' of dtetir est ttnrd nmittRinntt
insu:once, TruftWI Law Firm is wvWW by Grrales and OUdsajou inaunt;ttoe with i awyen
Muttasl Insurance Company,
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JU1 16 94-1,7:21- 020 HOPKINS SJ *1 P.04
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TRUM13lJLL LAW FARM..
tso ALMAD» sotnXVARD Sucre 1375
SAN 301a CA 95129 4-299-1913 IMAX 144790
wWa ORM2 TAL 1 Aw AND LAND USE
I apologize for the fortmllty of this Uetter. Agdn, we aro MP*Gd by Catifm "tare to ¢wide this
information to you in writing.
Please review the iatvgaing and, if it meets wkh your app vval, +dp a w'py of ttdis and,+slurs
it to nte. If you have any question=, Please fed fret to Ca11 M& we iwk forwwd to wod3ng with
you.
1 understand and agm to ft above.
5ignat< m
Terrenoo Hd>w*cr
City mmm4 e, Diamond Har
June ,19%
TERRY A. TRum*ULL. NAawa'3. Rami
City of Diamond Bar
Meeting Agenda F.o Tuesday: June
PRIVATE r Page: 1 14, 1994
June 21, 1994
1• CALL TO ORDER:
7:00 P.M.
PLEDGE OF ALLEGIANCE;
MAYOR WERNER
ROLL CALL: COUNCIL MEMBERS ANSARI, PEN
Mayor Pro Tem harmony and Mayor WerAP
MILLER,
2. SPECIAL PRESENTATIONS, PROCLAMATIONS,
None_R LAMATIONS, CERTIFICATES
, ETC.
3- PUBLIC COMMENTS;
4. COUNCIL COMMENTS:
5- SCHEDULE OF FUTURE EVENTS:
5.1 GENERAL PLAN ADVISORY COMMITTEE
7:00 p.m,, Heritage Park Communit (GpAC) - `TUNE 23
Canyon Rd. y Center, 2900 S•' 1994 -
Brea
5.2 PARKS 6 RECREATION COMMISSION
Heritage Park CommunityCenter 2900 S3' 1994 - 7:00 P.M.
� Brea Canyon Rd.
5.3 PLANNING COMMISSION - JUNE 27
Auditorium, 21865 E. Copley Dr. ' 1994 7'00 P.M. AQMD
5.4 GENERAL PLAN ADVISORY COMMITTEE (GpAC) - JUNE 28
7:oo p.m., Heritage Park Community Center ' 1994
Canyon Rd. , 2900 S. Brea
5.5 CONCERT, IN THE PARK
E1 Toro Marine Co JUNE 1994 - 6:30 - g;Op P.M.,
n Springs Rd. Patriotic Music
Park, 22930 Golde- Sycamore Canyon
5.6 GENERAL PLAN ADV
7:00 p.m.ISORY COMMITTEE (GpAC _
, Heritage Park Community Center gOp�g.1994
Canyon Rd.
Brea
5.7 4TH OF JULY HOLIDAY
closed Monday, - IN OBSERVANCEjCITY OFFICES WILL BE
1994. y, July 4, 1994. Offices will reopen July 51
5.8 CITY COUNCIL MEETING
Auditorium, 21865 E. CoP y Dr.
JULY
5' 1994 - 7:00 P.M., AQMD
6• CONSENT CALENDAR:
6.1 APPROVAL, OF MINUTES:
6.1.1 ADJOURNED REGULAR MEETING OF MAY 9, 1994 - APPROVE A
submitted. S
Requested by: City Clerk
City of Diamond Bar
PRIVATE Meeting Agenda For
June 21, 1994
6.1.2 REGULAR MEETING OF MAY 17,
Requested by: City Clerk
Tuesday: June 14, 1994
Page: 2
1994 - APPROVE AS SUBMITTED
6.1.3 SPECIAL MEETING OF MAY 26, 1994 - APPROVE AS SUBMITTED
Requested by: City Clerk
6.2 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED JUNE 21
1994 in the amount of $
Requested by: City Manager
6.3 TREASURER'S REPORT - RECEIVE & FILE TREASURER'S REPORT FOR
the month of April, 1994.
Requested by: City Manager
6.4 GRADING BOND REDUCTION FOR 13 LOT SUBDIVISION AT DIAMOND
KNOLL LANE IN TRACT 47722 - The City desires to reduce Bond
No. 3SM77171800 to $18,000.
Recommended Action: It is recommended that the City Council
approve the reduction of Grading Bond No.
to $18,000; and direct the City Clerk
Principals. to notifylthe00 posted
Requested by: City Engineer
6.5 GRADING BOND RELEASES:
6.5.1 GRADING CASH BOND POSTED
FOR COUNTRY" - The City desires to4release theRcash
RbondIeTHE
Posted for 2476 Indian Creek Rd., in the amount of
$13,390.65.
Recommended Action: It is recommended that the City
Council approve and accept work completed and release
the cash bond posted with the City in July, 1992;
further, direct the City Clerk to notify the
principals.,
Requested by: City Engineer
6.5.2 GRADING BOND RELEASE ON PARCEL
14Ap O_The City desires to release Surety Bond135No94NA1I000304NT PA
in the amount of $163,801 for grading located on
Golden Spgs. Dr. adjacent to Diamond Bar County Golf
course.
Recommended Action: It is recommended that the City
Council approve and release Bond No. NA100304 in the
amount of $163,801; and, direct the City Clerk to
notify the principals.
City of Diamond Bar
PRIVATE Meeting Agenda For Tuesday: June 14, 1994
June 21,r 1994 Page: 3
6.5.2 GRADING BOND RELEASE ON PARCEL
MAP NO. 13.594 (MONUMENT P)
Requested by: City Engineer
6.6 RESOLUTION NO.
OF THE CITY OF 94 -XX: A RESOLUTION OF THE C
DIAMOND BAR APPROVING THE DESTRUCTION
CITY CLERK OF CITY RECORDS AND DOCS THE
REQUIRED AS PROVIDED UNDER ELECTIONS CODE SECTION 14700 -
�TS WHICH ARE NO LONGER
August 10; 1992, the City was presented with a �� On
a Referendum Against Resolution No. 92-44u adop"Petiting aion for
General
Plan. Said petition was certified as sufficient on March it
1993• As specified in Section 14700
California Elections Code �� , et seq. of the
law to receive or file in�theircOffices fan ins required by
referendum petition shall Y initiative or
months after the certificationeof ethethe
petition until eight
results of the election
for which the petition
reason, is not submitted toithe dvoters, eight if the emonths aft any
the final examination of the petition by the election's
official. 11 after
Further, pursuant to Government Code Section
6253.5, destruction of these records is limited to the Cit
Clerk and Section 34090 specifies
records may be destroyed. 41,
the method by which
Recommended Action: It is
adopt Resolution No. 94 -XX
Petitions and photocopies
required as provided under
Requested by: City Clerk
7. PUBLIC HEARINGS: NONE
8. OLD BUSINESS:
recommended that the City Council
approving the destruction of
thereof which are no longer
Elections Code 14700, et seq.
8.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
THE CITY OF DIAMOND BAR LEVYING OF
DIAMOND BAR AN AN ASSESSMENT ON CITY L ASSESSMENT DISTRICT NO. 38 FOR THE
FISCAL YEAR 1994-95 -
CityFISCouncil a At their meeting of May 17, 1994, the
pproved 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.
also set June 7, 1994 as thehearing
nda The Council
Of the proposed assessments onuassessable lotstwithinhthilevy
s
District for FY 1994_95. Continued from June 7, 1994.
Recommended Action: Adopt the Resolution No. 94 -XX
the assessment for Landscape District Nsetting
No. p 38 for FY 1994-95.
Requested by: City Engineer
8.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAOF
MONDHE
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR -THE FISCAL
City of Diamond Bar Tuesday: June 14, 1994
Meeting Agenda For Page: 4
PRIVATE June 21, 1994
8.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
YEAR 1994-95 - At their meeting of May 17, 1994, the City
Council 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.. Continued from June 7, 1994.
Recommended Action: Adopt Resolution No. 94 -XX setting the
assessment for Landscape District No. 39 for FY 1994-95.
Requested by: City Engineer
8.3 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. 41 FOR THE FISCAL
YEAR 1994-95 - At their meeting of May 17, 1994, the City
Council 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 FY 1994-95. Continued from June 7, 1994.
Recommended Action: Adopt Resolution No. 94 -XX setting the
assessment for Landscape Assessment District No. 41 for FY
1994-95.
Requested by: City Engineer
.4^ORDINANCE NO. 02A(1990): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 02(1990)
�J 1 ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE
COLLECTION, RECYCLING TRANSPORTATION, AND DISPOSAL OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - 2nd reading.
Recommended Action:
Requested by: City Manager
8.5 CONSIDERATION OF FISCAL YEAR 1994-95 GENERAL MUNICIPAL BUDGET
SPECIAL FUNDS AND CAPITAL IMPROVMENT 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. Continued from June 7, 1994.
Recommended Action:
Requested by: City Manager
8.6 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF
COUNCIL MEMBERS - To ban placing City Council Members' names
City of Diamond Bar Tuesday: June 14, 1994
_
PRIVATE Meeting Agenda For Page: 5
June 21, 1994
8.6 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF
on public works construction project signs. Continued from
June 7, 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
8.7 SELECTION OF CITY ATTORNEY - ELEVEN FIRMS HAVE SUBMITTED
proposals. in response to the City Council's solicitation for
City Attorney services. Continued from June 7, 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
8.8 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES -
Continued from June 7, 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 City Council.
Requested by: Councilwoman Ansari
8.9 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR
REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO
THE CONDUCT OF CITY COUNCIL MEETINGS - Continued from June
7, 1994.
Recommended Action:
Requested by: City Council
8.10 CITY ATTORNEY REQUEST FOR DIRECTION ON AMICUS CURIAE MATTERS -
Vorbal presentation by City Attorney. Continued from June 7,
1994.
Ali Requested by: City,Attorney
R. NEW BUSINESS
9.1 AWARD OF CONTRACT FOR`AUDITING SERVICES -
Recommended Action:
Requested by: City Manager
INSTALLATION OF DIAGONAL PARKING AT HERITAGE PARK COMMUNITY
CENTER - During their regularly scheduled meetings held on
City of Diamond Bar
Meeting Agenda For
PRIVATE June 21, 1994
Tuesday: June 14, 1994
Page: 6
9.2 INSTALLATION OF DIAGONAL PARKING AT HERITAGE PARR COMMUNITY
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
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
9.3 POMONA !9 E SOCIETY AGREEMENT FOR FY 1994-95
Recommended Action:
Requested by: City Manager
9.4 GREEMENT WITH SAN GABRIEL VALLEY CONSORTIUM RE: JTPA -
Recommended Action:
Requested by: City Manager
9.5 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF
�/�Z'ALIF`6N3A� SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR
1994-95 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE
PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA
GOVERNMENT CODE - Submitted for the Councils review and
T approval is the Appropriations Limit recommended for FY
1994-95. In addition the Council is being asked to approve
the adjustment factors used in the calculation of the
Appropriations Limit.
Recommended Action: It is recommeded that the City Council
approve the use of L.A. County's population percentage change
for use in calculating the FY 94-95 Appropriations Limit;
approve the use of the City's percentage change in
non-residential assessed valuation in calculating FY 94-95
Appropriations Limit; and,, adopt Resolution No. 94 -XX.
Requested by: City Manager
L9_6)RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY -
,�� Submitted for Council's review and approval is the Proposed
O�'A �';I Investment Policy for FY 1994-95, and its accompanying
City of Diamond Bar Tuesday: June 14, 1994
Meeting Agenda For Page: 7
PRIVATE June 21, 1994
9.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
resolution.
Recommended Action: It is recommended that the City Council
adopt Resolution No. 94 -XX.
Requested by: City Manager
9.7 REQUEST FOR LEGAL COUNSEL SPECIALIZING IN ENVIRONMENTAL MATTERS
RE: MRF & FUNDING TO SUPPORT EFFORTS OF INDUSTRY MATERIALS
RECOVERY FACILITY COMMITTEE - Report
Recommended Action:
Requested by: City Manager
10. ANNOUNCEMENTS:
11. CLOSED SESSION:
12. ADJOURNMENT:
CITY OF DIAMOND BAR A
I N T E R O F F I C E M E M O R A N D U M
DATE: June 7, 1994
TO: Michael G. Montgomery, Interim City Attorney
FROM: Lynda Burges`, City Clerk
SUBJECT: Records Destruction
Attached is a copy of a proposed Resolution and agenda cover letter
providing for the destruction of petitions against the first
General Plan adopted by the City Council in 1992. Please indicate
your concurrence with said destruction by signing the bottom of
this memo and returning it as soon as possible.
Thank you for your assistance in this matter.
RECORDS APPROVED FOR DESTRUCTION:
Ci y Attorn
CITY OB DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Honorable Mayor & Members of the City Council
MEETING DATE: June 21, 1994 REPORT DATE: June 8, 1994
FROM: Lynda Burgess, City Clerk
TITLE: RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY
CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER
REQUIRED AS PROVIDED UNDER ELECTIONS CODE SECTION 14700
SUMMARY: On August 10, 1992, the City was presented with a "Petition for a Referendum Against
Resolution 92-44" adopting a General Plan. Said petition was certified as sufficient on
March 11, 1993.
As specified in Section 14700, et. seq. of the California Elections Code, 'Elections
officials required by law to receive or file in their offices any initiative or referendum
petition shall preserve the petition until eight months after the certification of the results
of the election for which the petition qualified or, if the measure, for any reason, is not
submitted to the voters, eight months after the final examination of the petition by the
elections official." Further, pursuant to Government Code Section 6253.5, destruction
of these records is limited to the City Clerk and Section 34090 specifies that the method
by which records may be destroyed.
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 94 -XX approving the
destruction of petitions and photocopies thereof which are no longer required as
provided under Elections Code 14700, et. seq.
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 vote? X Yes No
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: DEPARTMENT HEAD:
Terrence L. Belanger Frank M. Usher Lynda Burgess
X,
RESOLUTION NO. 94 - XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING THE DESTRUCTION BY THE
CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH
ARE NO LONGER REQUIRED AS PROVIDED UNDER ELECTIONS
CODE SECTION 14700
WHEREAS, it has been determined that certain City records under the
charge of the following City Department are no longer required for public or private
purposes:
CITY CLERK
WHEREAS, it has been determined that destruction of the above-
mentioned materials is necessary to conserve storage space and reduce staff time,
expense and confusion in handling and informing the public; and
WHEREAS, Section 14700 of the Elections Code of the State of
California authorizes an elections official to destroy original referendum petitions and
photocopies thereof within eight (8) months after the final examination by the
elections official; and
WHEREAS, it is therefore desirable to destroy said records described as
"Petition for a Referendum Against Resolution 92-44" and photocopies thereof, in
storage, without retaining a copy thereof; and
Attorney.
WHEREAS, said records have been approved for destruction by the City
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
SECTION 1 _ That approval and authorization is hereby given the City
Clerk to destroy those records described as "Petition for a Referendum Against
Resolution 92-44."
Resolution.
SECTION 2 That the City Clerk shall certify to the adoption of this
PASSED, ADOPTED AND APPROVED this
day of
, 1994.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was passed, adopted and approved at a regular
meeting of the City Council of the City of Diamond Bar held on the day of
1994, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City
of Diamond Bar
--0fY- YY\ -E (\:- rS qaj fi l`ce.
The issue of development in Sandstone Canyon and the building of
South Pointe Middle School is tearing our community apart. As far
as I can tell everyone wants South Pointe Middle School built.
Anyone in this community or anyone on city council that says that
there are any members on council that do not want the school built,
are liars, manipulating the truth for housing development on
restricted land. The council does differ on whether the school
should be built on its own merits, or be part of a master plan
housing development project.
I feel, and I believe, there are two members on council that feel
the same way, that the school is a stand alone project and should
not be held hostage to any housing development. Anyone who
requires that housing development take place on map restricted land
in order for the school to be built, is quilty of manipulating the
school, its students, as well as all the students in the Walnut
Valley Unified School District.
In 1988, Mr. Arciero sold land to the Walnut Valley Unified School
District for a school site. In that agreement, Arciero was to,
among other things, grade the site and place the soil on the
remaining property of Arciero. Unfortunately, there is still a
mountain of dirt amounting to over 400 thousand cubic yards on the
school site. On September 16, 1993, the school district settled a
law suit they had against Arciero. Let me read some excerpts from
that agreement.
As you can see, Arciero was to have obtained all permits necessary
to move the dirt legally on to his property. I challange Mr.
Arciero to show proof that he has fullfilled his obligation under
this agreement. I challange Mr. Arciero to prove that he has ever
even attempted to obtain the necessary permits to move this dirt on
to his property. In my opinion, Mr. Arciero had no intention of
fulfilling this agreement right from the start. At the time he
signed the agreement, I believe he was already working behind the
scenes to establish a South Pointe Master Development Program.
Why has 9 months gone by without the school district requiring Mr.
Arciero comply with their own agreement. Mr. Clay Chapet,
Facilities administrator from the school district told City Council
that it is too late to move forward based on their settlement
agreement. To me this is proposterous. In my opinion, Dr.
Hockwalt, Mr. Chapet and the Walnut Board of Trustees have placed
8 million dollars of construction apportionments for the school in
jeopardy by their inaction. They have allowed this problem to
escaluate to a crisis. Arciero has had 9 months to comply with the
settlement agreement and over 6 years to comply with the initial
sale agreement to the district. However, incompetent action by Mr.
Chapet as Facilities Manager, the school board and others, have
gotten us where we are today.
I appeal to the parents within the Walnut Valley Unified School
District, to demand that the district take what ever action is
necessary to force Mr. Arciero to comply with the settlement
agreement.
Open space is an important issue among the residents and voters in
our city. Development on the RNP property as supported by Mayor
Werner, and Councilwomen Papen will require the lifting of map
restrictions placed by the county to preserve open space. As a
member of the General Plan Advisory Committee, I recently made a
motion that these types of open space restrictions can only be
removed by a vote of the people. The motion passed by an
overwhelming majority. In this way, the people who live in Diamond
Bar will have control over its destiney. This is what we thought
we were getting when we were incorporated. By voting on these map
restrictions, each voter will have their say. As the General Plan,
approved by the GPAC moves on to the Planning Commission and City
Council, please pay close attention to this issue and don't let
anyone take your voting rights away.
In conclusion, lets get South Pointe Middle School built. Lets
tell the school board and Mr. Arciero, as so eloquently stated by
Carolyn Elfelt and her group of concerned parents, that a promise
is a promise. These promises, these legal agreements must be
honored. If they are honored, the school will be built.
Diamond Bar City Council
211560 E. Copley Dr. Suite 190
Diamond Bar, CA
Dear Diamond Bar City Council,
6 -a -r -9y
F: _5 () P. rn
I am na Working oDan Gomes. I am a Boy Scout from Troop x•707 in
requirements is to write a lefts t the Community mertt badge and one oftheadministrator of the city about a
Problem that affects me.
The problem I have chosen is that of the South pointe school
and commercial prooeot I live at 1604 Morning gun Ave., Walnut using
right next to the SouthPointe development. They want to a r Which is
cul-de-sac. This would cause a � of traffic on e y street Pund the
on our
surrounding streets. There are no sidewalks or stop signs on an of the
streets. y se
Another problem is the development of the hill. All my life I have
hikes up there. I have seen deer, coyotes, skunks, owls, hawk taken
rabbits, and many other animals. s, squirrels,
destroyed if the hou Most of these animals would be
on the hillside that burnednWOM built. About 21 P yearn ago, there was a fire
have watched everything most Of the hill, destroying about everything. I
and full of wildlife. I ome
and From dead, black dirt, to green trees;
want all of this to be destroyed for goodl
I think the school should be built, but keep everythingelse th
hope tis letter may help in saving the hillside. If it's o mucsame
h I
would appreciate a response. not uch trouble, I
Sincerely,
Daniel Hodges
1604 Morning Sun Ave.
Walnut, CA 91789
Council Members: June 21st,1994.
I want to call your attention to the Landscape District 38, annus
assessment levy1
related to long term capital improvement projects.
When have the twelve proposed projects been brought to the
attention of the public?
While this council can override any and all protests filed
objecting to the proposed Capitol improvements in District 38.
It really should consider reducing Districts 38 assessment b
to $5.00 dollars because of the surplus funds in that district.
To show good faith to the community,
the city really would be showing the residents these hard economic times,
that they are trying
to save taxpayers monies. As for future proposed landscaping
projects, the council should set aside these p g
economic climate improves in the city, projects until the
As for the medians enhancing property values, It's All Blue Sk
yl
and speculation. What determines the value ofour h
sellin 1' Property is the
g price of your neighbors and comparable properties. As for
the recent improvements on Golden Springs Dr. can anyonerove
me that an B to
y property value in Diamond Bar has increased due to this
District. I want this speech to be entered into the minutes.
Frank Dursa.