HomeMy WebLinkAbout1/16/1996cit'19
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AGENDA
Tuesday, January 16, 1996
6:30 P.M.
Regular Meeting
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
City Manager
City Attorney
City Clerk
Eileen R. Ansari
Bob Huff
Clair W. Harmony
Carol Herrera
Gary H. Werner
Terrence L. Belanger
Michael Jenkins
Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item,
please contact the City Clerk at (909) 860-2489 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
I11.1�IIIIII 11.11; �
Please refrain from smoking, eating or drinking
in the Council Chambers.
The City of Diamond Bar uses re cled paper
and encourages you to do the same.
DIAMOND BAR CITY COUNCIL MEETING RULES
PUBLIC INPUT
The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the
Council on the subject of one or more agenda items and/or other items of which are within the subject matter
jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to
the City Clerk.
As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in
order to facilitate the meeting, persona who are interested parties for an item may be requested to give their
presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the
total amount of time allocated for public testimony based on the number of people requesting to speak and the
business of the Council.
Individuals are requested to refrain from personal attacks toward Council Members or other persona. Comments
which are not conducive to a positive business meeting environment are viewed as attacks against the entire City
Council and will not be tolerated. If not complied with, you will forfeit your rem -ening time as ordered by the
Chair. Your cooperation is greatly appreciated.
In accordance with Government Code Section 54954.3(a) the Chau may from time to time dispense with public
comment on items previously considered by the Council. (Does not apply to Committee meetings.)
In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least
72 hours prior to the Council meeting. In case of emergency or when a subject matter arises subsequent to the
posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted
agenda.
CONDUCT IN THE CITY COUNCIL CHAMBERS
The Chair shall order removed from the Council Chambers any person who commits the following gets in respect
to a regular or special meeting of the Diamond Bar City Council.
A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and
orderly course of said meeting.
B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly
course of said meeting.
C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from
addressinx the Board; and
D. Any other unlawful interference with the due and orderly conduct of said meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72
hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer
through a phone modem.
Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal
charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the public
speaking are. Sign language interpreter services are also available by giving notice at least three business days
in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489
Computer Access to Agendas (909) 860 -LINE
General Information (909) 860-2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
. � �• Y.S 4 �•�"5ftIV
Next Resolution No. 96-03
Next Ordinance No. 0X(1996)
1. CLOSED SESSION: 5:30 p.m.
CONFERENCE WITH LEGAL COUNSEL
PENDING LITIGATION:
Name of Case:
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
(Subdivision (a) of Section 54956.9)
Oak Tree Lanes v. City of Diamond Bar
6:30 p.m. January 16, 1996
Mayor Ansari
ROLL CALL: Council Members Harmony, Herrera,
Werner, Mayor Pro Tem Huff, Mayor
Ansari
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
3.1 Presentation of Certificates of Recognition to the
members of the Diamond Bar High School Academic Decathlon
Gold Medal team winners, San Gabriel Valley and Silver
Medal Team Winners, Eastern Region, 14th Annual Los
Angeles County 1995 Academic Decathlon.
3.2 Presentation of Certificate of Recognition to Diamond Bar
resident Dorothy Bordanave, author and co-founder of
"Diamond Bar Friends of the Library."
3.3 Presentation of City Tile to Carol Herrera for her
17
years service as Board Member of the Walnut unified
School District.
4. PUBLIC COMMENTS: "Public Comments" I s the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Although the City Council values your comments,
pursuant to the Brown Act, the Council generally cannot take
any action on items not listed on the posted agenda. Please
Next Resolution No. 96-03
Next Ordinance No. 0X(1996)
1. CLOSED SESSION: 5:30 p.m.
CONFERENCE WITH LEGAL COUNSEL
PENDING LITIGATION: (Subdivision (a) of Section 54956.9)
Name of Case: Oak Tree Lanes v. City of Diamond Bar
2. CALL TO ORDER: 6:30 p.m. January 16, 1996
PLEDGE OF ALLEGIANCE: Mayor Ansari
ROLL CALL: Council Members Harmony, Herrera,
Werner, Mayor Pro Tem Huff, Mayor
Ansari
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
3.1 Presentation of Certificates of Recognition to the
members of the Diamond Bar High School Academic Decathlon
Gold Medal team winners, San Gabriel Valley and Silver
Medal Team Winners, Eastern Region, 14th Annual Los
Angeles County 1995 Academic Decathlon.
3.2 Presentation of Certificate of Recognition to Diamond Bar
resident Dorothy Bordanave, author and co-founder of
"Diamond Bar Friends of the Library."
3.3 Presentation of City Tile to Carol Herrera for her 14 1/2
years service as Board Member of the Walnut Unified
School District.
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Although the City Council values your comments,
pursuant to the Brown Act, the Council generally cannot take
any action on items not listed on the posted agenda. Please
JANUARY 16, 1996 PAGE 2
complete a Speaker's Card and give it to the City Clerk (completion
of this form is voluntary). There is a five minute maximum time
limit when addressing the City Council.
5, COUNCIL COMMENTS: Items raised by individual Council -
members are for Council discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
6. SCHEDULE OF FUTURE EVENTS:
6.1 PLANNING COMMISSION - January 22, 1996 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
6.2 PARKS & RECREATION COMMISSION - January 25, 1996 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
6.3 COL TECHNICAL ADVISORY COMMITTEE - January 31, 1996 -
6:30 p.m., Heritage Park, 2900 S. Brea Canyon Rd.
6.4 CITY COUNCIL MEETING - February 6, 1996 - 6:30 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
7. CONSENT CALENDAR:
7.1 APPROVAL OF MINUTES - Regular Meeting of December
9, 1995 - Approve as submitted.
Requested by: City Clerk
7.2 VOUCHER REGISTER - Approve Voucher Register dated January
16, 1996 in the amount of $159,312.84.
Requested by: City Manager
7.3 NOTICE OF COMPLETION FOR GRAND AVENUE STREET
REHABILITATION, TRAFFIC SIGNAL SYNCHRONIZATION, AND
INTERSECTION MODIFICATION PROJECT BETWEEN GOLDEN SPRINGS
DRIVE AND THE SAN BERNARDINO COUNTY LINE - On June 12,
1995, Council awarded a contract to Gentry Brothers, Inc.
for the Grand Ave. Street Rehabilitation, Traffic Signal
Synchronization and Intersection Modification Project
between Golden Spgs. Dr. and San Bernardino County Line.
A final job walk was conducted on November 17, 1995 to
determine the adequacy of all constructed improvements.
Recommended Action: It is recommended that the City
Council accept work performed by Gentry Brothers, Inc.,
JANUARY 16, 1996 PAGE 3
and authorize the City Clerk to file the Notice of
Completion and release any retention amounts.
Requested by: City Engineer
7.4 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF THE
REQUEST FOR PROPOSALS (RFP) FOR LANDSCAPE ARCHITECT
SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR ADA
IMPROVEMENTS AND TOT LOT DRAINAGE CORRECTION AT PETERSON
PARK - The Americans with Disabilities Act of 1990 (ADA)
requires that all public facilities be accessible to the
physically challenged, including public parks. Peterson
Park is the second park scheduled for retro -fit per ADA
requirements. Because the work is mandated by federal
legislation, CDBG funds may be utilized to complete these
improvements. The City Council budgeted CDBG funds for
this project in the 1995-96 FY budget.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX authorizing release of
the RFP for a Landscape Architect to prepare plans and
specifications for ADA improvements and Tot Lot drainage
correction at Peterson Park.
Requested by: Community Services Director
7.5 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE REVISED PLANS
AND SPECIFICATIONS FOR PHASE II A.D.A. MODIFICATIONS AT
MAPLE HILL PARK IN THE CITY OF DIAMOND BAR AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - At their
meeting of January 9, 1996, Council rejected all bids
submitted by contractors to complete construction of
Phase II improvements at Maple Hill Park. Due to a
change in existing conditions at the park due to Phase I
construction Change Order No. 2, plans and specifications
for Phase II improvements have been revised and are now
prepared to go out to bid.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX approving revised
plans and specifications for Phase II retro -fit of Maple
Hill Park to meet accessibility requirements of the
Americans with Disabilities Act of 1990 and direct the
JANUARY 16, 1996 PAGE 4
City Clerk to advertise to receive bids.
Requested by: Community Services Director
7.6 AWARD OF CONTRACT FOR INSPECTION SERVICES FOR PHASE II OF
MAPLE HILL PARK ADA RETRO -FIT PROJECT - In order to be
assured of a properly built construction project, it is
necessary to employ the services of an inspector. D. &
J Engineering has been providing quality construction
inspection services at competitive rates as the City's
consultant since January, 1994. Phase II of the Maple
Hill Park project includes a handicap accessible ramp up
a slope to the tennis courts and construction of a picnic
shelter. Construction will begin in late March, 1996 and
will be completed within 60 days, weather permitting.
Recommended Action: It is recommended that the City
Council authorize the Mayor to enter into a professional
services agreement with D & J Engineering, the City's
current Building & Safety inspector, for inspection
services for Phase II of Maple Hill Park ADA Retro -fit
Project, in an amount not to exceed $4,250.
Requested by: Community Services Director
7.7 APPROVAL OF CONTRACT AMENDMENT TO ADD NEW LOCATION TO
WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE CONTRACT -
The City has a contract with Landscape West, Inc. to
provide weed control along parkways and to clean
sidewalks located in the public right-of-way. Due to
requests from the community, staff desires to add an
undeveloped parkway area located west of Calbourne to the
City limits and east of Calbourne to the first
residential lot on the north side of Walnut/ Flintgate to
the contract as an amendment. The area will require an
initial clean-up by hand crews at a cost of $320. The
area will then be maintained on a monthly basis by
chemical application and hand work at a cost of $84 per
month. Funds are currently available in the vegetation
control account of the 1995/96 FY budget to complete this
work for the remainder of the fiscal year.
Recommended Action: It is recommended that the City
Council approve an amendment to the Weed Control/Sidewalk
and Parkway Maintenance contract with Landscape West,
JANUARY 16, 1996 PAGE 5
Inc. and authorize the City Manager to sign the change
order in an amount not to exceed $824.
Requested by: Community Services Director
8. PUBLIC HEARINGS: None
9. OLD BUSINESS:
9.1 RESOLUTION NO. 96 -XX: RESOLUTION REAFFIRMING AND
SUPPORTING THE CITY OF DIAMOND BAR GENERAL PLAN -
Continued from January 9, 1996.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 96 -XX reaffirming and
supporting the City's General Plan.
Requested by: City Council
9.2 ORDINANCE NO. 0X(1996): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR DECLARING A NEED FOR A
REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF DIAMOND
BAR - Shall the City establish a redevelopment agency?
Cont inu-ed from January 9, 1996.
Recommended Action: It is recommended that the City
Council take the following actions related to the
establishment of redevelopment agency: Adopt Ordinance
No. 0X(1996) declaring the need for a Redevelopment
Agency to function in the City; designate the City
Manager as the redevelopment agency Executive Director
and the City Attorney as the redevelopment agency General
Counsel; and direct staff to prepare an agreement between
the City and the D.B. Redevelopment Agency, which purpose
would be to advance (loan) funds to the Agency to have a
comprehensive feasibility study completed (the monies
advanced by the City would be repaid by the Agency, if
project areas were established and tax increment monies
were generated).
Requested by: City Manager
9.3 REORGANIZATION OF CITY COUNCIL AGENDA - Continued from
January 9, 1995.
JANUARY 16, 1996 PAGE 6
Requested by: City Council
10. NEW BUSINESS:
10.1 ORDINANCE NO. OX (1996) - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR REPEALING ORDINANCE
02(1990) AND ORDINANCE O2A (1990) AS HERETOFORE ADOPTED
AND REVISING CHAPTER 8.16, TITLE 8 OF THE DIAMOND BAR
MUNICIPAL CODE ADOPTING REQUIREMENTS AND STANDARDS
RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION,
AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE
MATERIALS - Since 1991, collection and disposal of solid
waste, recyclables and compostable materials has been
regulated through a modified permit system. This system,
structured like a business licensing system, requires any
solid waste contractor wishing to provide solid waste
collection and disposal services within the City's
boundaries to first obtain a permit from the City. In
order to eliminate the redundancy that exists between the
City's enabling legislation and to establish a more
uniform standard for collection and disposal of solid
waste, recyclables and compostable materials, staff is
recommending the adoption of the proposed Ordinance.
Recommended Action: It is recommended that the City
Council approve first reading by title only and waive
further reading of Ordinance XX(1996) repealing Ordinance
02(1990) and Ordinance 02A(1990).
Requested by: City Manager
10.2 CAMPAIGN CONTRIBUTION -LIMITATION - Election contributions
are regulated by California Government Code Chapter 2,
Title 9, Section 81000, et seq. Section.85101 authorizes
local government to impose lower campaign contribution
limitations for candidates for elected office in its
jurisdiction.
Recommended Action: It is recommended that the City
Council discuss the possibility of instituting campaign
contribution limitations, designate an Ad Hoc Committee
to study the matter and bring back a draft Ordinance to
the City.Council.
Requested by: City Council
JANUARY 16, 1996 PAGE 7
10.3 DISCUSSION RE: APPOINTMENT OF EX -OFFICIO YOUTH MEMBERS ON
TRAFFIC & TRANSPORTATION, PARKS & RECREATION AND PLANNING
COMMISSION FROM THE POMONA AND WALNUT VALLEY UNIFIED
SCHOOL DISTRICTS.
Requested by: City Council
11. ANNOUNCEMENTS:
12. 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 in
the AQMD Auditorium, located at 21865 E. Copley Dr., Diamond Bar,
California at 6:30 p.m. on Tuesday, January 16 1996.
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 agenda for the Regular Meeting of the Diamond Bar City
Council, to be held on January 16, 1996 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 12th day of
January, 1996, at Diamond Bar, California.
/s/ Lvnda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
R ,'-Vd DATE: 1 V96
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PHONE:�`��
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m
name and address as written above.
Signature
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VOLUNTARY REQUEST TO ADDRESS THE CITY COIF i a.,
TO: CITY CLERK n
FROM: S ! " �/� ' A "-/,4 DA: �: �/��v A0
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
If I
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLE) RK
FROM: CO �/ 5L'%1'49
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
DATE: �— (v J
PHONE: 5 q5 316
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
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Signature
12)17/1995 04.50 909-961-ee9e
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ATTEN110N Mr. Terrence L. Belanger / City Menages
FROM- M.r At Rumpilla
510-JECT (.-tty CounipilApmdEL
AL RUIVIFUI-A DATE: 12/17/95
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DIAMOIND BAR, CA 91765
Phoue (9W) wl- 3898 (7)
SLMJIE(-r: 11GM—ITEM 9.3 DISCUSSION OF REORGANIZAMON OF CITY CO
COLN.01. AGEIDA,
I will mk. ilml m3 written cauuumft be pan of the ngnutm of the city -cn
cmucil mecting of Tuesdoy 19, Eft. 1995-
CHAN611"S'M. AT COULD BE MADE FOR A BETTER RUN COUNCIL, NOWMG.
1.A. CAI k - -m--im: 630 pm Stat Nbefinp an timel ..............5 sec.
H. Pledge orf Allegiance (No Color Gaur&topoet FUSm) ....... I mute
(No Prqs)
C. Roll (:all . ................................................ I minute
2. SpeciM. Pmentstion, Prmlm* tions, de. Not to emceed .......10 minifies
(Or have ci)utwil weefing set a side for these peowAAafiom
011130
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7 ALL PAM ARE NOT MUM CAIL " 2614M
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3. Public: Can inxints: S nikutes per speaJu � without being eing mdmrtgAed. Do not
move on V) cie-:r :tem until everyone Ams had a cheace to address the council.
avg.f#c�t,l,�,��.er:. ill.............................................50minutea
Public Conmmdi should stay at the being of the ny:Jtings because than the
only time a ckmi bas to ask for a comment r>+rW-- ilam b be nmow
Also if the (NmmKsil moves this item to the and of do =�f ing� it will be
look utxaa -is 1 tt.c C mwd is cl mming the doom a4 the Put)1ic.
4. Council Comments: 5 miai>tm per Com-Im n imr to only answer or &sic a
question of tht al ftker. Or put that subject on the m d mgulw ix -eking as
a apenia iters, On debate. All other Council Comments should be at the end of
each mets in,t u: have shown below ................... ...25 mi vu m
5. Sdihiedule. of Ftmm Events ........................ am to a meed 5 m�vite7
6. Coamd Ca bender .............................................. 15 milaues
7. Old Business . ..................................................? mimtlea
(Slten11d be en cane of before new business and public Hearings)
S. Public Hearing: ............................................ . ... 7 mim>Zes
The C'cx mil -;tfo ►ld lad Schedule mo+e thew oese or two items on the agenda
that the- k -nom- sue a vary coehoA—my wbjod and fire Council ate* Vee
a largo audie)ux.;.i.e. South Point Master Plan)
9. New Birti:x..vs.. ................................................ ? mim
10. Council r,amamnis: NO TRAE LIIvM an Council during these coiumnts,
Council ,111c.�VAA to speak on anything at this time.
I 1. Anne oux:rnents..................... 2 minute-- per Cotmvilrr—mbw 10 mimites
12. Close Session: ...................... ......................... 15 minutes
13. Amxmom %nv action taken in close session.....................5 mixmtea
NULGM OF PAGES IIiCY.t,>lMiG OOVIM MT: TEMEE
12/17/1995 04:50 909-861-8898
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in a titin --I%- tim-mox,
Algo I wmdd like the Chair to mH out the vote whey tRbmk because the
vette does acct 4b:)w up vay aim or s* ImS enough to be mar&d by the
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CITY SURVEY
PUBLIC COMMENTS/COUNCIL COMMENTS
December 13, 1995
PUBLIC COMMENTS COUNCIL COMMENTS
CITY Location on Agenda I Time Limit Location on Agenda Time Limit COMMENTS
Pomona Beginning 3 minutes Last 1 No limit Public Comments limited to
1/2 hour only.
Claremont Beginning 3 minutes n/a n/a Comments as items appear
no specific location
Brea
Beginning
5 minutes
Last
No limit
Dana Point
Beginning_
3 minutes
Beginning
No limit
Public Comments limited to
15 minutes.
Laguna Niguel
Beginning
3 minutes
Last
No limit
San Dimas
Beginning
3 minutes
Last
No limit
Lake Forest
Beginning
3 minutes
Last
No limit
Public comments limited to
20 minutes
Mission Viejo
Beginning
3 minutes
Last
No limit
Public Comments limited to
30 minutes
Temple City
Beginning
5 minutes
Last
No limit
Walnut
Beginning
3 minutes
Last
No limit
Yorba Linda
Beginning
5 minutes
Middle
No limit
Laguna Hills
Beginning
3 minutes
Last
No limit
Chino Hills
Beginning
3 minutes
Last
No limit
DIAMOND BAR
Beginning
5 minutes
Beginning
No limit
bl lP�i.. 1J R,
City of Diamond Bar
4 N.,�1 { 6 P" 3: ti l
Proposed Campaign Fin nce Ordinance
Objective:
To limit the ability of city council members and members of city commissions from using their
position within the city to "extract" political contributions from individuals and businesses doing
business within the city.
To limit the ability of individuals and businesses doing business within the city of Diamond Bar
from unduly influencing the decisions of members of the City Council and commissions with
campaign contributions.
What Does It Do:
This measure would prohibit any City Council member or commissioner from voting on a
"project or business" in which a campaign contributor is associated if the campaign contributor
has donated funds to "any campaign by the City Council member or commissioner" for
Diamond Bar City Council or other office within the last 2 years, if the donation exceeded
$2,000.00.
This ordinance would calculate the cumulative amount of a donation as the total amount of
contributions made by the business, the individual employees of the business, spouses and
direct family members of individual employees of the business, and subcontractors and
independent contractors of the business.
When Take Effect:
January 1, 1996, or as soon as possible, to be effective for all contributions from adopted date
forward.
1NTEKOMiLL MEMORANDUM
CITY OF DIAMOND BAR
TO: Kellee A. Fritzal, Administrative Assistant
FROM: Anne Haraksin, Intern
SUBJECT: CAMPAIGN CONTRIBUTION - LEWrATIONS
DATE: January 15, 1996
In review of Government Codes relating to Campaign Contributions, the following have changed
since 1994:
85300. Limitations on Co 1tiorks from Persons
(a) No person shall make a contra cation to any candidate totaling more than $1,000 for
each of the following elections in which the crndidete is on the ballot or is a write-in candidate:
a primary election, a $amid a spwW election or special runoff election.
(b) No orgsnirMion sha0 make to any candidate a contribution or contributions totaling
more than $2,500 for each election mentioned in above section ( a):
(c) No person shall make to any committee a contribution totaling more than $1,000 per
year which supports or opposes any k1opIative candidate.
(d) No organization shall make a contribution or contributions to a candidate totaling
more than $2,500 per year.
85301. Limitations on ConVVqjimWSMm SnVii Contributor Political Action Committees
(a) No small conU*Aot poRical action committee (PAC) shall make a contribution to
any candidate totaling more than $5,000 for the elections aforementioned in 85300 Section (a).
(b) No small contribaw PAC *All make to any committee supporting or opposing a
legislative candidate a contri radon or contributions totaling more than $5,000 in a two-year
period.
85302. Limitations on Contributions to Political Parties And T 4slative Caucus
Committee$
No person, inchu it „ an orpr i7otion or a small contributor PAC, shall make to any
political party committee suppostmg or opposing legislative candidates or legislative caucus, a
contribution or contributions totaling more than $5,000 in a two-year period.
85303. Legislation on Contrib%iors from PolitirAj Parties And j,,eg *five Caucuses
No more than a total of $50,000 in the case of an Assembly candidate, and a total of
$75,000 in the case of a Senate candidate, for a general election or special runoff election, shall
be accepted in contributions from legislative caucus committees and political party committees
A contribution shall not be considered to be received if it is not negotiated, deposited, or utilized,
and in addition it is returned to the donor within fourteen (14) days of receipt.
85312 Aggregation of Payments
For purposes of the contribution limitations in Sections 85300-85307, inclusive, and Section
85310, the following shall apply:
(a) All payments made by a person, organization or small contributor PAC whose
contributions or expenditure activity is financed, maintained or controlled by any business entity,
labor organization, association, political party, or any other person or committee, including afty
parent, subsidiary, branch, division, department or local unit of the business entity, labor
organization, association, political party or any other person, or by an group of such persons
shall be considered to be made by a single person, committee or small contributor PAC.
(b) Two or more entities shall be treated as one person when any of the following
circumstances apply:
(1) The entities share the majority of members of their boards of directors.
(2) The entities share two or more officers.
(3) The entities are owned or controlled by the same majority shareholder.
(4) The entities are in a parent -subsidiary relationship.
(c) An individual and any general partnership in which the individual is a partner, or an
individual and any corporation in which the individual owns a controlling interest, shall be
treated as one person.
(d) No committee which supports or opposes a candidate shall have as officers
individuals who serve as officers on any other committee which supports or opposes the same
candidate. No such committee shall act in concert with, or solicit or make contributions on
behalf of, any other committee. This subdivision does not apply to treasurers of committees.
85313 Loans
(a) A loan shall be considered a contribution from the maker and the'guarantor of the
loan and shall be subject to the contribution limitations of this chapter.
(b) Every loan to a candidate shall be by written agreement and shall be filed with the
candidate's campaign statement on which the loan is first reported.
(c) The proceeds of a loan made to a candidate by a commercial lending institution in
the regular course of business on the same terms available to members of the public and which is
secured or guaranteed shall not be subject to the contribution limits.
(d) Extensions of credit for a period of more than thirty (30) days are subject to the
contribution limitations.
85314 Family Contributions
(a) Contributions by a husband and wife shall be treated as separate contributions and
shall not be aggregated.
(b) Contributions by children under 18 shall be treated as contributions by their parents
and attributed proportionately to each parent (one-half to each parent).
85315 Candidate for Statewide or Local Office
The contribution limitations shall not apply to any contributions to a candidate where such
contributions are made to support the candidate's campaign for a specifically named statewide or
local elective office, and all the following conditions are met:
(a) The candidate specifically names the non -legislative office being sought.
(b) A separate committee and account for the non -legislative office being sought shall
be established for the receipt of all contributions and the making of all expenditures in
connection with the non -legislative office.
(c) The contributions to be exempted from the contribution limitations in this chapter
are made directly to this separate committee's account.
(d) No expenditures from such an account shall be made to support the candidate's
campaign, or any other candidate's campaign.
85316 One Campaign Committee and One Checking Account per Candidate
A candidate shall have no more than one campaign committee and one checking account out of
which all expenditures shall be made.
85317 Time Periods for Primary Contributions and General Election Contributions
For purposes of the contribution limitations, contributions made at any time before July 1 of the
election year shall be considered primary contributions, and contributions made from July 1 until
December 31 of the election year shall be considered general election contributions.
Contributions made at any time after the seat has become vacant and up through the date of the
election shall be considered contributions in a special election, and contributions made after the
special election and up through fifty-eight (58) days after the special runoff election shall be
considered contributions in a special runoff election.
cc: Terry Belanger, City Manager
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tem
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
Recycled paper
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860.2489 • Fax: (909) 861-3117
Internet: http://www.d.diamond-bar.ca.us
WILDLIFE CORRIDOR CONSERVATION
AUTHORITY
MINUTES OF JANUARY 10, 1996
Meeting called to order by Chairman Bob
Henderson, Council member, City of Whittier
at 7:00 p.m., at Brea Civic and Cultural
Center.
New Governing Board Member, Carol Herrera,
Council Member, City of Diamond Bar, was
administered the oath of office by Joe Ed-
miston, Executive Director.
Community Workshops are being held to ac-
quaint the public with HR1280, with the ob-
jective of gaining public support in writ -
letters to Congressmen Torres, David Dreir,
and Jay Kim. Recent meetings held in Row-
land Heights were very successful. Staff
is coordinating similar meetings to be held
in Diamond Bar. We will want to include
the Chamber of Commerce, Schools, Local
Historical Society, and all other inter-
ested groups.
Two new members were approved for the Ad-
visory Committee: David Salahi and Wilbur
Smith, from Diamond Bar. This brings the
Committee membership to 14, it is hoped to
have a full complement of 18 within the
next several months.
The 95-96 Budget was approved, as was the
Auditors Report.
The next meeting is scheduled for Wednes-
day, Feb. 7, 7:30 p.m.
The meeting was adjourned at 9:20 p.m. by
Chairman Bob Henderson.
Minutes respectfully submitted:
Carol Herrera,
Diamond Bar City Council Member
DRAFT
MINUTES
of the
WILDLIFE CORRIDOR CONSERVATION AUTHORITY
November 15, 1995
The meeting of the Wildlife Corridor Conservation Authority was called to order by the Chair at 7:40 pm at the
Brea Civic and Cultural Center, Plaza Room, One Civic Center Drive Circle, Brea, California.
II. Roll call.
Mr. Bob Henderson, Mr. Glenn Parker, Mr. Judy Hathaway Francis, Mr. Jerome Daniel, Mr. Steve Feld and
Ms. Claire Schlotterbeck were present. Ms. Phyllis Papen was absent.
Representing staff were: Mr. Joseph Edmiston, Executive Officer, Ms. Belinda Faustinos, Deputy Executive
Officer, Ms. Rorie Skei, Assistant Executive Officer, Ms. Laurie Collins, Staff Counsel, Ms. Randi Spivak,
Division Chief and Ms. Rebecca Tolstonog, Executive Analyst.
The Executive Officer swore in Mr. Clair Harmony as the alternate representative for the City of Diamond Bar.
III. Comments from members of the public on items not on the agenda and public testimony on
all agenda items.
Ms. Spenger spoke on culverts. She stated that Dr. Beir recommended that culverts should be 600 feet wide.
IV. Approval of minutes.
The minutes of the October 11, 1995 meeting were approved as submitted.
V. Advisory Committee Report and possible action on proposed recommendations.
Ms. Faustinos gave report on this item. The Advisory Committee plans to submit a wildlife movement study
for the next Board meeting. She also gave a update on the Advisory Committee Schbarum Trail tour.
Ms. Faustinos stated Mr. David Salahi and Mr. Wilbur Smith were recommended for appointment to the
Advisory Committee.
Mr. Feld suggested contacting the two mentioned candidates and request that they give a two minute
presentation about themselves at the next Board meeting.
VI. Report on Rio Hondo Riverfront Project, Whittier Narrows Recreation Area.
Ms. Randi Spivak gave a presentation on this item.
WCCA Minutes
November 15, 1995 Page 2
VII. Status report and possible action on the nomination of the wildlife corridor as a "Heritage
Area" in accordance with provisions of H.R. 1280.
Mr. Edmiston distributed and discussed the Puente -Chino Hills Heritage booklet.
Mr. Feld suggested adding a list of endorsements in the back of the booklet.
VIII. Consideration and possible action regarding application for the Environmental Enhancement
Mitigation Program Grant and the Intermondel Surface Transportation Efficiency Act Grant.
Mr. Edmiston discussed a possible resolution.
On motion of Mr. Glenn Parker, and seconded by Ms. Judy Hathaway Francis, the Authority unanimously
adopted the following resolution.
95-17
Resolved, That the Wildlife Corridor Conservation Authority supports Chino Hills State Park's
efforts to apply for an Environmental Enhancement and Mitigation Grant for land resources.
(Full text is on file with the Authority)
On motion of Ms. Judy Hathaway Francis, and seconded by Mr. Steve Feld, the Authority unanimously
adopted the following resolution.
95-18
Resolved, That the Wildlife Corridor Conservation Authority supports the application by the City of
Diamond Bar for an Environmental Enhancement and Mitigation Grant for reforestation of the 60
and 57 Freeway Corridor with a proposed planting list to include only native species.
(Full text is on file with the Authority)
IX. Quarterly Treasurer's Report.
On motion of Ms. Judy Hathaway Francis, and seconded by Mr. Steve Feld, the Authority unanimously
adopted the following resolution.
95-19
Resolved, That the Authority adopts the Treasurer's Report as submitted.
(Full text is on file with the Authority)
X. Consideration and possible action on Advisory Committee member appointments.
This item was discussed under Agenda Item V.
WCCA Minutes
November 15, 1995 Page 3
XI. Legislation.
Mr. Edmiston reported that SB 128D did not pass.
XII. Statements, responses, questions or directions to staff pursuant to Section 54954.2(a) of
the Government Code.
Mr. Parker suggested that staff research the cost for obtaining professional assistance for the Advisory
Committee for gathering scientific data for the wildlife movement study. Mr. Parker further indicated that
he will discuss this issue with appropriate City of Brea staff.
Mr. vom Dorp mentioned that the Advisory Committee will provide a wildlife movement study proposal by
December 6, 1995 and requested suggestions for important areas to concentrate on.
XIII. Announcement of future meetings and adjournment.
The next meeting will be on January 3, 1996.
The Chair adjourned the meeting at 8:55 pm.
MINUTES OF THE CITY COUNCIL 4,+1
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 19, 1995
'SION: Mayor Ansari called the meeting to order at 5:30 p.m. in
S� �p`orium, 21865 E. Copley, Diamond Bar, California.
C GA ,t WITH LEGAL COUNSEL
,NG LITIGATION: (Subdivision (a) of Section 54956.9)
Name of Case: Diaz, Ramos, Martinez, Wills v. City of Diamond Bar
Case Status: Approved for Settlement
Name of Case: Oak Tree Lanes v. City of Diamond Bar
Name of Case: Schad v. City of Diamond Bar
Case Status: Directed City Attorney to represent the City in this case.
ADJOURNMENT: Mayor Ansari adjourned Closed Session at 6:40 p.m.
2. CALL TO ORDER: Mayor Ansari called the meeting to order at 6:48
p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance
by Council Member Werner.
ROLL CALL: Council Members Harmony, Papen, Werner,
Mayor Pro Tem Huff and Mayor Ansari.
Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City
Manager; Michael Jenkins, City Attorney; George Wentz, City Engineer; Jim
DeStefano, Community Development Director; Bob Rose, Community Services
Director, and Lynda Burgess, City Clerk.
Regarding Closed Session, CA/Jenkins reported that Council approved a settlement
agreement in the case of Diaz, Ramos, Martinez, Wills v. City and directed the City
Attorney to represent the City's interest in defense of the lawsuit entitled Schad v.
City.
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.:
3.1 A City Tile was presented to Tom Sykes in appreciation of his service to the
Southern California Association of Governments.
3.2 Certificates of Appreciation were presented to James Paul Akin, Rocky
Vernel, Shirley Leone, Robert Allen, Gerald'Arnet and Michael Goldenberg,
members of the Community Advisory Committee.
9. OLD BUSINESS:
DECEMBER 19, 1995 PAGE 2
9.1 TIE VOTE BETWEEN CANDIDATES HERRERA AND SCHAD -
CM/Belanger reported that at the December 5, 1995 Meeting, both Carol
Herrera and Don Schad expressed a desire to have an election to break the
tie. Mr. Schad also indicated that he would like to be free to pursue his legal
options. Mr. Schad then filed a lawsuit and that a hearing had been set to
consider Mr. Schad's request that two ballots should have counted.
CA/Jenkins indicated that the Elections Code requires that a tie vote be
decided by lot. In reviewing the "lot" or "run-off election" options, he reported
that the risks associated with pursuing a special run-off election were. the
possibility of 1) civil action being brought against the City either pre-election
to restrain the election from going forward or post-election to invalidate the
results of that election; 2) criminal remedies contained within the Elections
Code for non-compliance. Risks could be minimized by the candidates by
agreeing to conduct a special run-off election and waiving any rights they
might have to contest or challenge the procedure and the outcome of the
procedure.
C/Ansari asked if the Council decided to determine the tie by lot, would the
January 18, 1996 hearing change the Council's decision.
CA/Jenkins advised that the Elections Code specifically provides that if an
election contest is properly conducted, a Judge may in fact set aside
Council's decision if the Council were to decide the matter by lot.
C/Werner asked if the Council decided on a run-off election, what would the
possibility be of another tie and how would that be resolved.
CA/Jenkins stated that he has no idea if the run-off election would result in
a tie and if a tie happened during the run-off election, it would be resolved in
the same by lot.
Ron Everett stated that he favored a run-off election but because of possible
legal problems, the City may wish to utilize the services of the Dispute
Resolution Center in Claremont to settle the matter.
Wilbur Smith, 21630 Fairwind Ln., asked who would conduct the process of
determining by lot.
Don Schad, 1824 Shaded Wood Rd., explained that he requested a court
ruling on the matter because of the unusual circumstances relating to
breaking the tie. He further stated that he was not suing the City, any
candidate or the City Clerk.
Bill Key suggested that the City end the gridlock and decide by lot and get
back to work.
DECEMBER 19, 1995 PAGE 3
Carol Herrera stated that she was in favor of a run-off election and would
sign a legal agreement to abide by the results of that election. If the City
cannot conduct a run-off, she requested that the lot be conducted
immediately.
Max Maxwell, 3211 Bent Twig Ln., suggested waiting for the judge's decision
in January before the Council take action.
Steve Nice, Rising Star Dr., asked whether or not the City can require a run-
off election and if the City still withdraw from the election if there is a Court
decision that would pull one candidate ahead of another in the November 7,
1995 election.
In regard to the Dispute Resolution Center suggestion, CA/Jenkins explained
that a dispute resolution center would not have the authority to count and/or
discount ballots voted in an election. With respect to conduct of the lot, the
Elections Code states that the lot is drawn or conducted by the Elections
Board (the City Council) but does not prescribe the method by which it is
accomplished which would then be at the discretion of Council.
C/Werner moved, seconded by MPT/Huff to break the tie by way of lottery
immediately.
M/Ansari asked Mr. Schad if he would be willing to sign a waiver. She
indicated that Don Schad said "no".
C/Harmony moved to amend C/Werner's motion to delay the drawing of lots
until after the court's consideration of the matter on January 18, 1996. He
further moved to direct that the City not take any actions to delay the
hearing. Motion died for lack of a second.
With the following Roll Call vote, motion by C/Werner carried:
AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Huff, M/
Ansari
NOES: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - Papen
CM/Belanger recommended resolving the tie by having the candidates place
their names in an envelope, sealing it themselves and placing it themselves
in a bag. A designated person would then reach into the bag without looking
and with draw an envelope.
MPT/Huff moved, seconded by M/Ansari to use the recommended envelope
method and have Mr. Maxwell and Mr. Neely inspect the names and
envelopes to make sure that there are no visible signs of alterations to the
DECEMBER 19, 1995 PAGE 4
envelopes; place them into a bag and shaken, and then have someone pick
one.
C/Werner amended the motion to include that the Mayor be the person
designated to withdraw the envelope from the bag.
M/Ansari further amended the motion to include that a member of the
Sheriffs Dept. hold the bag and do the shaking.
C/Harmony suggested that both candidates meet and work out a formal
process with which they feel comfortable.
Motion by C/Werner, seconded by MPT/Huff to direct that M/Ansari withdraw
the envelope from the bag. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - Harmony
ABSTAIN: COUNCIL MEMBERS - Papen
C/Papen asked for the floor for her outgoing speech and stated that she is
very proud of the City's accomplishments. She advised that she leaves the
Council with a sense of pride and joy and wished the new City Council good
luck.
CC/Burgess distributed paper, pens and envelopes to both Mr. Schad and
Mrs. Herrera. Both were instructed to write their names on the paper and
hand the paper and envelope to their witness for sealing and placement in
an empty waste receptacle.
Mr. Schad chose not to participate in the lot and CA/Jenkins was requested
to write Mr. Schad's name on Mr. Schad's paper.
Mr. Maxwell, acting as Mr. Schad's witness, announced that the envelope
given to him was empty. He then placed Mr. Schad's name in the envelope
and sealed the envelope and confirmed that there were no markings on the
envelope.
Mr. Neely, acting as Mrs. Herrera's witness, announced that the envelope
give to him was also empty. He placed Mrs. Herrera's name in the envelope,
sealed the envelope and confirmed that there were no markings on the
envelope.
M/Ansari asked Sergeant Landruff to shake the waste receptacle.
C/Werner asked that the contents of the waste receptacle not be displayed
on the television monitors due to the possibility of M/Ansari being able to
DECEMBER 19, 1995 PAGE 5
determine where the envelopes were.
M/Ansari removed herself from the room until the waste receptacle was
shaken.
M/Ansari then reached into the waste receptacle, which was held above her
head, opened an envelope and announced the new Council Member as
Carol Herrera. She asked Mr. Schad to open the other envelope and read
the name. She also asked the City Clerk to read the chosen name.
Mr. Maxwell opened the remaining envelope and read the name "Schad."
For the record, Mr. Maxwell and Mr. Neely agreed that the procedure was
done accurately and correctly.
The Oath of Office was administered to Mrs. Herrera by Assemblyman Gary
Miller.
RECESS: M/Ansari recessed the meeting at 8:05 p.m.
RECONVENE: M/Ansari reconvened the meeting at 8:30 p.m.
With consensus of Council, Oscar Law was allowed to speak prior to the
Public Comment period.
Oscar Law, 21511 Pathfinder, stated that he has no objections to a city
funded Christmas party for the employees; however, he objected to the City
paying for employees' family members to participate in the party.
9.2 ADOPTION OF RESOLUTIONS CALLING A SPECIAL MUNICIPAL
ELECTION TO BE HELD MARCH 26, 1996 FOR THE SUBMISSION OF AN
INITIATIVE MEASURE PROPOSED TO ADOPT A GENERAL PLAN
DOCUMENT:
a) RESOLUTION 95-72: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A
PROPOSED INITIATIVE MEASURE - C/Werner offered alternative
wording for Resolution No. 95 -XX, page four as follows: "...along with
certain specified changes, repealing and replacing, the City's current
plan."
CA/Jenkins advised that the current wording does not have a specific
clause repealing the General Plan. He expressed concern with using
the word "repealing" because it does not expressly do that; however,
DECEMBER 19, 1995 PAGE 6
in effect, it would be a repealer and replacement.
C/Werner requested that "as modified" be added to the portion ending
General Plan Advisory Committee.
Wilbur Smith asked the Council to pass the Resolutions and allow the
citizens to vote on the General Plan.
Dr. Lawrence Rhodes, Fiber Court, asked if the GPAC's final version
is a legal planning document.
Max Maxwell asked the Council to approve the Resolutions in order
for the people to vote on the matter. He suggested some wording
changes needed in the Resolutions.
Jack Gutowski, Kiowa Crest Dr., asked staff to stay out of the election
and to clearly write the initiative for the public to understand.
In regard to Mr. Maxwell's concerns, CA/Jenkins advised that the
Resolution before the Council merely accomplishes the goal of
placing the initiative on the ballot. Further, that the third "whereas"
clause recites the fact that the Council has two choices which include
either adopting the General Plan or placing it on the ballot.
C/Harmony complimented the City Attorney on his wording for the
initiative. He asked the Council to consider the less expensive,
newsprint sample ballot to help cut costs.
MPT/Huff concurred with C/Harmony's request in printing this on
newsprint; however, he was concerned that newsprint would not
reproduce maps. He asked what other options the City has in placing
the matter on the 1997 election.
CA/Jenkins explained that, per the Election Code, Council has the
option of requesting a special election and/or placing it on the ballot
at the next regular municipal election, which would be November
1997.
MPT/Huff stated that he was not in favor of postponing this issue for
the 1997 election.
CM/Belanger advised that a special election would cost approximately
$75,000; however, if the City chooses to consolidate this ballot
initiative with the County's ballot, there will be a reduced cost.
In response to C/Werner, Mr. Maxwell stated that he would like to see
DECEMBER 19, 1995 PAGE 7
it on the March ballot.
MPT/Huff moved, seconded by C/Wernerto adopt RESOLUTION NO.
95-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON
TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A
PROPOSED INITIATIVE MEASURE, as amended. With the following
Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
b) RESOLUTION NO. 95-73: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE
STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE -
CA/Jenkins reported that this Resolution would be amended on
Section 2 to correspond with the change in the language adopted by
Resolution No. 95-72.
C/Harmony moved, seconded by M/Ansari to adopt Resolution No.
95-73 Entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD
ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY
ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION
10403 OF THE ELECTIONS CODE, as amended. With the following
Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
c) RESOLUTION NO. 95-74: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING
PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A
CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS - In response to C/Werner,
DECEMBER 19, 1995 PAGE 8
CA/Jenkins stated that if the Council wishes to authorize itself or any
of its members to prepare an argument, then now would be the time
to do that. Further, if the Council chooses not to, then the Elections
Code contains a panel of people who have priority to submit
arguments in favor and against.
C/Werner asked to write a statement against the initiative.
C/Harmony asked to write a statement in favor.
MPT/Huff asked to place his name with those against.
C/Herrera asked to place her name with those against.
C/Werner moved, seconded by MPT/Huff to adopt Resolution No. 95-
74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING
A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS, as amended. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
d) RESOLUTION NO. 95-75: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROVIDING FOR
THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS. C/Werner moved,
seconded by C/Harmony to adopt Resolution No. 95-75: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL
ELECTIONS. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
CM/Belanger asked the City Council to take action authorizing the
budget so that there is no question of the amount of money that will
be allocated. He stated that the budgeted amount is approximately
$73,000 for the election which included the cost to print the entire
DECEMBER 19, 1995
PAGE 9
initiative document, including arguments for and against and rebuttals
for and against, on newsprint in a ballot pamphlet to be sent to all
registered voters within the community.
M/Ansari moved, seconded by C/Wemer to have the ballot printed on
the newsprint paper, the ballot pamphlet contain the full text of the
initiative General Plan, the City Attorney's impartial analysis, two
arguments for and against, two rebuttals for and against, and front
and back covers. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,
MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
In response to M/Ansari, CM/Belanger advised that the Council has
the prerogative of placing other measures on the ballot and suggested
that a special meeting be held to address those issues.
CA/Jenkins advised that the City has until December 29, 1995 in
order to qualify any other matters for the March 26, 1996 primary
ballot.
M/Ansari asked for the Council's consensus to adjourn the meeting to
a special meeting to discuss overnight parking, term limits, voting by
district and other issues for the March 1996 ballot.
Following discussion, it was agreed that these matters would be
discussed at further meetings for consideration of placement on a
ballot.
4. PUBLIC COMMENTS: Clara Burch opposed the election of Carol Herrera to the
Council.
Max Maxwell objected to the independent analyses of the initiative issue and asked
why they were so expensive. He also asked why Tonner Canyon was not
discussed in the analysis.
Jack Gutowski asked if citizens would be allowed to participate in writing arguments
for and against the General Plan.
CM/Belanger advised that the $73,000 ballot cost is based on estimates of costs
received from a firm that specializes in printing of election materials. The estimated
cost for the consolidated election is based on the City's experiences with other
consolidated elections. He recommended not using any other printer to prepare
these materials. In regard to the independent analyses, he reported that the dollar
DECEMBER 19, 1995 PAGE 10
amount proposed included the Economic Analysis and the Planning Analysis. He
speculated that Tonner Canyon was not discussed in the report because it is not
within City Limits.
5. COUNCIL COMMENTS: C/Herrera announced that she was pleased to be sitting
on the Council and that she was looking forward to opportunities to work with the
citizens that supported other candidates. In regard to Clara Burch's comments, she
stated that she sympathized with her and her family.
C/Werner welcomed C/Herrera and wished everyone a safe and happy holiday
season.
C/Harmony welcomed C/Herrera and promised that he would work with the City
toward economic development; however, he would make sure that neighborhoods
are not disturbed by businesses.
MPT/Huff welcomed C/Herrera and complimented staff in keeping employee
numbers low. He suggested that all citizens read the General Plan before voting.
In regard to the staff Christmas party, he stated that he was in favor of the party
which was a way of showing thanks to staff for their hard work. He reminded
everyone that the deadline for comments on the MRF EIR is December 23, 1995.
He the announced that the Diamond Bar Brahmas took the CIF championship. He
asked that everyone support the construction of Diamond Ranch High School.
M/Ansari also welcomed C/Herrera. She announced that the Dial -A -Cab is still
operating free -of -charge to all residents until December 31, 1995; that there are four
seats available for the Rose Parade in Pasadena; that the City -On -Line Technical
Advisory Committee will meet December 21, 1995 at 6:00 p.m. at Heritage Park
Community Center; that she and MPT/Huff were invited to Ganesha High School
for unveiling of the marquee donated by the City; that Ganesha High School
finished second in their football league.
6. SCHEDULE OF FUTURE EVENTS:
6.1 CITY ON-LINE TECHNICAL ADVISORY COMMITTEE - December 21, 1995
- 6:00 p.m., Heritage Community Center, 2900 S. Brea Canyon Rd.
6.2 CITY OFFICES CLOSED FOR HOLIDAYS on December 25-26,1995 and
January 1, 1996.
6.3 CITY COUNCIL MEETING - January 2, 1996, 1996 - 6:30 p.m., AQMD
Auditorium, 21865 Copley Dr. - Quorum not anticipated.
6.4 CITY COUNCIL MEETING - January 9, 1995 - 6:30 p.m., AQMD Auditorium,
21865 E. Copley Drive.
7. CONSENT CALENDAR: In response to CNVerner, CM/Belanger advised that the
General Fund Balance at the June 30, 1995 year-end was $8,178,014, which is a
net increase from the previous year 1993-94 of $1,294,252. Further, that the Total
DECEMBER 19, 1995 PAGE 11
Fund Equity and Net Fund Equity is at approximately $19,000,000.
C/Werner moved, seconded by C/Harmony to approve the Consent Calendar with
the exceptions of Agenda items 7.1 and 7.10. With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.2 APPROVED VOUCHER REGISTER - dated December 19, 1995 in the
amount of $296,759.63.
7.3 RECEIVED & FILED TREASURER'S REPORT - month of October, 1995.
7.4 RECEIVED & FILED COMPREHENSIVE ANNUAL FINANCIAL REPORT
AND FINAL AUDIT REPORT FOR YEAR ENDED JUNE 30, 1995 -
7.5 AWARDED PLAN CHECKING SERVICES FOR VESTING TENTATIVE
TRACT 47850 IMPROVEMENT PLANS AND FINAL MAP TO HALL &
FOREMAN, INC., IN AN AMOUNT NOT TO EXCEED $32,659.
7.6 BUDGE'i ADJUSTMENT/SUBSTITUTE FOR SUBCONTRACTOR FOR
MAPLE HILL PARK A.D.A. RETRO -FIT PROJECT, PHASE I - Approved
budget adjustment of $410,010 from the CDBG Reserve Fund to the Maple
Hill Park ADA Retrofit Project, Phase I; approved Change Order No. 2 in the
amount of $9,100 and provided for an additional 10% (of the change order
amount) contingency in the amount of $910 for the project and approved
substitution of the landscaping subcontractor from E.S.T. Assoc. to
Mercado's Landscape.
7.7 ADOPTED RESOLUTION NO. 95-76: A RESOLUTION OF THE CITY OF
DIAMOND BAR SUPPORTING THE WALNUT VALLEY WATER DISTRICT
IN ITS EFFORTS TO HAVE THREE VALLEYS MUNICIPAL WATER
DISTRICT EQUITABLY LEVY MWD'S NEW READINESS -TO -SERVE
CHARGE.
7.8 AWARDED CONTRACTS FOR ON-CALL LANDSCAPE ARCHITECTURAL
SERVICE TO FORMA AND PURKISS ROSE -RSI.
7.9 AWARDED CONTRACT TO CONVERSE CONSULTANTS WEST IN AN
AMOUNT NOT TO EXCEED $24,300 WITH A CONTINGENCY AMOUNT
OF $3,000 AND APPROPRIATED $27,300 FROM THE UNALLOCATED
GAS TAX FUND TO ACCOUNT NO. 4551-5221 (ENGINEERING
CONTRACT SERVICES ACCOUNT) TO INVESTIGATE GROUNDWATER
DECEMBER 19, 1995 PAGE 12
SEEPAGE ALONG MEADOWGLEN. DRIVE AND AMBUSHERS STREET.
7.11 ADOPTED RESOLUTION NO. 95-78: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE SUNSET CROSSING ROAD CUL-DE-SAC
IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY)
IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
MATTERS WITHDRAWN FROM CONSENT CALENDAR FURTHER DISCUSSION.
7.1 APPROVAL OF MINUTES - Special Meeting of December 4, 1995 -
MPT/Huff advised that he pulled this item because both he and C/Herrera
were not in attendance of this meeting and they need to abstain from the
vote.
C/Werner moved, seconded by C/Harmony seconded to approve the
Minutes of Special Meeting of December 4, 1995. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Werner, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - Herrera, MPT/Huff
7.10 RESOLUTION NO. 95-77: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR SUPPORTING APPROVAL OF SB 96
(GREENE), KNOWN AS THE PUBLIC FACILITIES BOND ACT OF 1996-
MPT/Huff reported that SB 96 is the same measure as AB 1168 and that SB
96 was defeated because it was linked with a prison bond issue. He asked
to amend the Resolution to include AB 1168 with SB 96 and to show the
Assembly that D.B. is behind both of these measures.
MPT/Huff moved, seconded by C/Herrera to adopt RESOLUTION NO. 95-
77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR SUPPORTING APPROVAL OF SB 96 (GREENE), KNOWN AS THE
PUBLIC FACILITIES BOND ACT OF 1996 AND TO INCORPORATE WITH
THIS AB 1168. Motion carried by the following vote:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/
Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. PUBLIC HEARINGS: None
DECEMBER 19, 1995 PAGE 13
9. OLD BUSINESS (cont'd):
9.3 DISCUSSION OF REORGANIZATION OF CITY COUNCIL AGENDA -At the
request of C/Werner, Council agreed to continue the matter until January 9,
1996 meeting for public input.
10. NEW BUSINESS:
10.1 ORDINANCE NO. 07(1995): AN ORDINANCE OF THE CITY OF DIAMOND
BAR ADOPTING BY REFERENCE AND AMENDING THE LOS ANGELES
COUNTY CODE, TITLE 32, FIRE CODE; AMENDING TITLE 16 OF THE
DIAMOND BAR CITY CODE; AND DECLARING THE URGENCY THEREOF
- MPT/Huff moved, C/Harmony seconded to adopt ORDINANCE NO.
07(1995): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING
BY REFERENCE AND AMENDING THE LOS ANGELES COUNTY CODE,
TITLE 32, FIRE CODE; AMENDING TITLE 16 OF THE DIAMOND BAR
CITY CODE; AND DECLARING THE URGENCY THEREOF. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/
Huff, M/Ansari
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
10.2 COUNCIL COMMITTEE APPOINTMENTS - M/Ansari asked for consensus
to continue the matter until January 9, 1996 with the exception of any special
meetings and subcommittees that will be meeting from this date until January
9, 1996. She asked MPT/Huff to attend the Foothill Transit meeting
scheduled for January 4, 1996, C/Werner to attend the Sanitation District
meeting and C/Herrera and C/Werner to attend the Finance Committee
meeting. She stated that she would attend the League of California Cities
meeting herself.
11. ANNOUNCEMENTS: None
12. ADJOURNMENT: There being no further business to discuss, M/Ansari
adjourned the meeting at 10:45 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
I N T E R O F F I C E M E M O R A N D U N
TO: Councilmember Werner and Councilmember Herrera
FROM: Linda G. Magnuson Accounting Manager
SUBJECT: voucher Register, January 16, 1996
DATE: January 10, 1996
Attached is the Voucher Register dated January 16, 1996. As
requested, the Finance Department is submitting the voucher
register for the Finance Committees review and approval prior to
its entry on the Consent Calendar.
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 January 16, 1996 has been
reviewed, approved, and recommended for payment.. Payments are
hereby allowed from the following funds in these amounts:
FUND NO.
FUND DESCRIPTION
001
General Fund
112
Prop A Fund
138
LLAD 138 Fund
139
LLAD 139 Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
/' ,
Linda G. Ma son
Accounting Manager
Terrence L. Belanger
City Manager
AMOUNT
$130,930.29
17,091.50
524.27
6,166..37
4.600.41
$159,312.84
&Uid'
Carol A. Herrera
Councilmember
�{ City of Diamond Bar
RUN TIME: 17:2401%10;96 VOUCHER REGISTER
DUE THRU.............01/16/96
PAGE 1
VENDOR NAME
I VENDOR ID.
* F
pRcp"4n
ACCOUNT
------------------------------------------------------------------------------------------------------------------------------------
PRDJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
AMOUNT DATE
CHECK
Accurate Landscape
*139-4539-51500
001-4311-5300
*001-4313-5300
*001-4316-5300
*001-4319-5300
*001-4322-5300
*001-43.25-5300
#001-432E-5340
*001-4331-5307
Accurate Landscape
*139-4539-22110
*001-4322-2210
*001-438-2210
*001-4322-2210
All City Management
*001-4411-5531
*001-4411-5531
Accurate
2 60116A 01/3376
2 60116A 01/3143
2 60116A 02/3143
60116A 03/3143
2 60116A 04/-3140
2 60116A 05/3143
2 60116A 06/3143
60116A 07/3143
2 60 11 6A 00/3143
Accurate
2 60116A 01/3559
6 60116A 08%:458
2 60116A 01/3680
4 60116A 03/^458
All City
4 60116A 01/3384
2 60116A 01/3384
Boomerang Blueprints BoomerangB
*001-4510-2110 2 60116A 02/3766
*250-4510-6412 09096 2 60116A 01/3766
*250-4510-6411 10196 4 60116A 01/3853
Boy Scout Troop 73' ByScout737
*001-2300-1002 1 60116A
Brea, City of
*001-4350-5300
BreaC i ty
2 60116A 01/3140
Bryan A. Stirrat & Assc BryanStirr
*001-4510-5227 10 60116D 01/3658
01/10 01/•16 40G94
01/10 01/16 40732
01/10 01/16 40732
01/10 01/16 40732
01/10 01/16 40732
01/10 01/16 40732
01/10 01/16 40732
01/10 01/16 40732
01/10 01/16 40732
01/10 01/16 40468
01/10 01/16 40484
01/10 01/16 40591
01/10 01/16 40592
01/10 01/16 728
01/10 01/16 766
01/10 01/16 142007
01/10 01/16 142007
01/10 01/16 142308
Dec Maint Dist #39
Dec Maint Paul Grow Prk
Dec Maint-Heritage Prk
Dec Maint-Maple Hill
Dec Maint-Peterson Prk
Dec Maint-Ron Reagan Prk
Dec Maint-Starshine Prk
Dec Maint Summtrdge
Dec Maint Syc Cyn Prk
TOTAL DUE VENDOR
Add'l Maint Dist #39 -Nov
SprnklrRplcmnt-RnReagan
Irrig Controller-Summtrdg
Topsoil/SeedRplcmnt
TOTAL DUE VENDOR --------
CrssgGrdSvcs-11/26-12/9
Crssg6rdSvcs-1'/10-15
TOTAL DUE VENDOR --------
Prints-GldSprBikeLane
3•deilum5ets-Gldn5prg/DBar
2-VellumSets-SunstCrssg
TOTAL DUE VENDOR --------
01/10 01/16 Ref Sec Depst-Hrtg Prk
TOTAL DUE VENDOR --------
01/10 01/16 55057
01/10 01/16 96991
Dec -Recreation Svcs
TOTAL DUE VENDOR --------
InspectSv_s-ArmitosOr
TOTAL DUE VENDOR --------
6,090.00
1,100.00
750.00
90;.00
1, 200. CH)
1,000.00
500.00
1,500.06
1,600.00
14,640.00
76.37
64.87
1,299.85
175.00
1,616.09
2,828.65
1,480.00
4,308.6,`,
22.46
58.46
49.19
130.11
100.00
100.00
36,717.75
36,717.75
56.25
56.25
4 4 4 C i} y D i m 0 n 8 3 4 4 4
RUN TIME: 17:24 01/10/96 V O U C H E R R E G I S T E R ''ACE
DUE THF:J............. 01,LS/9G
VENDOR NAME VENDOR ID. * * PREPAID
ACCOUNT PRDJ.TX-NO BATCH PO.LINE/N0. ENTRY/ UE I�JVOICE DESCRIPTION AM!CLTIT DATE C =_I'
------------------------------------------------------------------------------------------------------------------------------------
CA Redevelopment Assoc CARedevelp
*001-4096-1200 2 60116A 01/3892 01/10 01/16 Redevlopment Publications 153.17
TOTAL DUE VENDOR --------) 153.17
Charles Abbott & Asc Inc CharlesAbb
*001-4510-5502
2 60116A 01/31,13 01/10
01/10 01/16
01/16
049113
AsphltRnvlArea6SlurrySeal
3,523.12
*001-4510-4520
2 60116B
01/3739
01/10
01/16
39
City Engr Svcs -Sept 95
5,630.00
*001-4510-5227
2 60116E
01/3495
01/10
01/16
39
SewerPumpInspectSvcs-Sept
2,078.70
*001-4510-5221
4 60116B
01/3544
01/10
01116
39
InspSvcs-EP95-1088
112.50
*001-4551-5223
2 601166
O1/C2797
01/10
01/16
39
Plan Check Svcs -47851
750.00
*001-4551-5227
2 60116B
01/C2456
01/10
01/16
39
Grdng Inspectn-47851-Sept
854.00
TOTAL DUE VENDOR --------) 12,948.32
Charles Abbott & Asc Inc CharlesAbb
}001-4510-4520 4 60116B 01/3739 01/10 01/16 38 City Engr Svcs -Aug 14,460.00
*001-4551-5223 4 60116B 01/3055 01/10 01/16 38 Plan Check Svcs-Woodbrdg 215.48
*001-4551-5223 6 601168 01/3413 01/10 01/16 38 P1nChkSvcs-Stplchse 340.00
TOTAL DUE VENDOR --------> 15,015.48
Charles Abbott & Asc Inc CharlesAbb
*001-2300-1010
3 60116B
01/10 01/16
37
Plan Check Svcs-FPL92-30
1,282.50
*001-2300-1012
1 60116B
01/10 01/16
37
PlanChkSvcs-GonaCrt
715.00
+001-2300-1012
2 60116B
01/10 01/16
37
Plan Check Svcs-EN95-087
382.50
*001-4510-4520
6 60116B 01/3739
01/10 01/16
37
City Engr Svcs -July
10,940.07
*001-4551-5223
8 601168 0l/C2520
01/10 01/16
37
Pln Chck Svcs-IndianCreek
258.75
*001-4551-5223
10 60116B 01/C2797
01/10 01/16
37
Plan Check Svcs-TR47851
750.00
*001-4551-5227
4 60116B OlIC2456
01/10 01/16
37
Inspection Svcs-JCCProj
595.00
TOTAL DUE VENDOR --------) 14,923.75
Cintas
Cintas
*001-4310-2130
6 60116A 01/3206
01/10
01/16 640414454
UnifrmsPrkStaff-N/ofl2/25
16.65
TOTAL DUE VENDOR --------)
16.65
Coffnerce City Maintenance ComCtyMain
*001-4314-2210
6 60116A 01/3325
01/10
01/16 73098
JanitorSvcs-HrtgPrk-Dec
425.00
TOTAL DUE VENDOR --------)
425.00
Community Industries
CommIndust
*001-4558-5503
2 60116A 01/3145
01/10
01116
WeedAbatemnt-8/11-11/30
2,136.08
*001-4558-5521
2 60116A 02/3145
01/10
01/16
Nov -Litter Abatement
839.44
TOTAL DUE VENDOR --------)
2,975.82
I
* * * City of Diamond Aar * * *
RUN TIME: 17:24 01/10/96 V O U C H E R R E 3 I S T E R
DUE THRU.............01116/96
VENDOR NAME VENDOR ID. * * PREPAID * #
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRYIDUE INVOICE DESCRIPTION AMOUNT BATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
Crowe, Christina CroweC
*001-3476 1 60116.A 01;10 01116, Recreation Refund
TOTAL DUE VENDOR --------) 29.00
DyJ Engineering D&JEngine
*250-4310-6415 06696 10 60116B 0113689 01/10 01/16 95db;nhp01 InspectnSvcs-MplHill 3,412.50
TOTAL DUE VENDOR --------> 3,412.50
Dept of Transportation DeptTrans
*001-4510-7:07 2 60116B 01/3632 01/10 01/10 136554 Signal/Lightng Maint-Oct 914.07
TOTAL DUE VENDOR --------) 914.07
Diamond Bar Petty Cash PettyCash
*001-4010-1200
6 60116D
01/10
01/16
Supplies -City Council
29.76
*001-4040-12oO
1 60116D
01/10
01/16
Supplies -City Clerk
5.25
*001-4050..-1200
1 60116D
01/10
01/16
Supplies -Finance
7.09
*001-4090-12003
60 1161)
01/10
01/16
Supplies -Gen Govt
12.23
*001-4090-2120
3 60116D
01/10
01/16
Postage -Gen Govt
^ `6
*001-4695-1200
2 601161)
01/10
01/16
Supplies -Comm Inf
9.74
*001-4210-2325
2 60116D
01/10
01/16
Mtgs-CommDvlpmnt
17.00
*001-4310-2200
7 601161)
01/10
01/16
Equip Maint-Comm Svcs
10.00
TOTAL DUE VENDOR --------) 93.63
Engineering -Environmental EngEnvueol
*001-2300-1012
3 60116E
01/10
01/16
G511131AI88
Prof Svcs -EN 95-067
35.00
*001-2300-1012
4 60116B
01/10
01/16
G511131AI88
Prof Svcs -EN 95-067
127.50
*001-2300-1012
5 60116B
01/10
01/16
G512129IA235
Prof Svcs -EN 95-101
455.00
TOTAL DUE VENDOR -------->
617.50
Federal Express Corp.
FedExpress
*001-4090-2120
1 601168.
01/10
01/16
567322::79
Express Mail Svcs-GenGovt
74.35
*001-4210-4220
1 60116E
01/10
01/16
567322379
Express Mail Svcs-GenPlan
28.00
TOTAL DUE VENDOR --------)
102.85
Flamenbaum, Bruce
Flamenbaum
*001-4210-4100
1 60116D
01/10
01/16
Ping Comm Mtg-11/27
60.00
TOTAL DUE VENDOR -------->
60.00
Fong, Franklin
FongF
*001-4210-4100
4 60116D
01/10
01/16
Ping Comm Mtg 11/27
60.00
TOTAL Iff VENDOR --------)
60.00
TOTAL DUE VENDOR --------) 1,016.20
*
City
of
Diamond
Bar##
RUN TIME: 17:24 01/10/96
V
0 U C
H E R R E
G I S T E R
PAGE 4
DUE THRU.............01/16/96
VENDOR NAME
VENDOR ID.
* PREPAID * +
ACCOUNT PROJ.TX-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/ND.
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE ' CHECK
Foothill Transit
FoothillTr
*112-4553-5533
4 60116D 01/3722
01/10
01/16
4629
Dec-TrnstSubsdyPrgm
949.30
*112-4553-5535
4 60116D 02/3722
01/10
01/16
4629
Dec-TrsSubsdyFares
3,765.70
TOTAL DUE VENDOR --------)
4,715.00
GTE California
GTE
*001-4440-2125
2 601168
01/10
01/16
Phone Svcs -Einer Prep
56.99
TOTAL DUE VENDOR --------)
56.99
GTE California
GTE
*001-4210-2320
2 601168 01/3808
01/10
01/16
Cross Refernce Directory
75.58
TOTAL DUE VENDOR --------)
75.58
GTE California
GTE
*001-4331-2125
3 601168
01/10
01/16
Phone Svcs-Syc Cyn Prk
65.14
TOTAL DUE VENDOR --------)
65.14
GTE Leasing
GTELease
*001-4090-2130
4 60116B 01/3306
01/10
01/16
NorstarEquipRent-Nov/Dec
933.58
TOTAL DUE VENDOR --------)
933.58
Goldenberg, Michael
Goldenberg
*001-4350-4100
2 60116D
01/10
01/16
Prk&Rec Comm Mtg 12/28
40.00
TOTAL DUE VENDOR --------)
40.00
Graphics United
GraphicUni
*001-4095-2110
5 60116B 01/3793
01/10
01/16
5777
Prtg-ComAwsltr-hinter
6,114.53
TOTAL DUE VENDOR --------)
6,114.53
Hall & Foreman
Hall&Forem
*001-4551-5223
14 601168 01/3582
01/10
01/16
031055
Pln Check Svcs-RockyTrail
43.10
*001-4551-5223
16 601168 01/3737
01/10
01/16
031055
Plan Check Svcs-LodgePole
450.00
*001-4551-5223
12 601166 01/3477
01/10
01/16
031058
P1nChk5vcs-RckyTrail
112.50
TOTAL DUE VENDOR -------->
605.60
HighPaint,Graphics
HighPoint
*001-4095-2111
4 60116B 01/3252
01/10
01/16
51352
PrePressSvcs-BusnessCards
19.49
*001-4095-2111
2 60116B 01/3252
01/10
01/16
51496
PrePressSvcs-WinterNwsltr
996.71
TOTAL DUE VENDOR --------) 1,016.20
Jitof Diamond Sar ���
RUN TIME: 17:24 01/10/96 V O Y U C H E R R E G I S T E R PAGE 5
SUE THF -1J .............01/16/96
VENDOR NAME VENDOR I0. # # PREPAID #
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/lUE INVCICE DESCRIPTION AMOUNT DATE LNECK:
--------------------------------------------------------------------------------------------------------------------------------
Huff, Bob
HuffB
01/10
01/16
10529
Pub Hrg-FPL 95-051
*001-4210-4100
2 60116D
01/10
01/16
10529
Ping Comm Mtg 11/27
#001-4040-2115
8 601160 01/3241
01/10
01/16
223510
TOTAL DUE VENDOR --------
Image IV Systems Inc.
Image4Sys
01/10
01/16
223535
Bids-G1dSprDrainageProj
*001-4090-2200
6 60116C 01/3347
01/10
01/16
194684
Oct -Konica Maint Svcs
*001-4090-2100
4 60116C 02/3347
01/10
01/16
197803
Nov -Copy Charges
*001-4090-2200
8 60116C 01/3347
01/10
01/16
197003)
Nov -Konica Maint Svcs
*001-2300-1012
6 60116C
01/10
01/16
584680
TOTAL DUE VENDOR --------
Inland Valley Dly Bulletn IVDB
*001-2300-1010
4 601160
01/10
01/16
10529
Pub Hrg-FPL 95-051
*001-2300-1010
5 6011,C
01/10
01%16
10529
Pub Hrg-FPL 95-056
#001-4040-2115
8 601160 01/3241
01/10
01/16
223510
Bids-LftTrnSignlsDB/MtLrl
*001-4040-2115
6 60116C 01/3241
01/10
01/16
223535
Bids-G1dSprDrainageProj
*001-4040-2115
10 601160 01/3241
01/10
01/16
227587
Pub Notce-FinanceReports
TOTAL DUE VENDOR -------->
Kleinfelder
Kleinfeldr
*001-2300-1012
6 60116C
01/10
01/16
584680
ProF Svcs -EN 95-100
TOTAL DUE VENDOR--------
L.A. County -Sheriff's Dep LACSheriff
*001-4411-5401
2 60116C
01/10
01/16
74161
Nov -Helicopter Svcs
TOTAL DUE VENDOR --------1
L.A.County Public Mocks LACPubWk
*001-4510-5506
1 60116C
*001-4331-5300
4 601160 01/3129
*001-4510-5530
2 60116C 01/3635
*001-4558-5510
2 60116C 01/3128
*001-4510-5507
4 60116C 01/3634A
League of Ca. Cities LQague
*001-4030-2330 3 60116C
Legacy Travel & Tours LegacyTrav
*001-4350-5310 7 60116C 01/3782
*001-4350-5310 5 60116C 01/3783
*001-4350-5310 3 60116C 01/3784
01/10 01/16 95000006897 Signing/Striping-Mar
01/10 01/16 96000005176 SumpPu*%int-Nov
01/10 01/16 96000005175 Indust Waste Svcs -Nov
01/10 01/16 96000005174 TreeWaterSvcs-Nov 95
01/10 01/16 96010000250 Traffic Signl Maint-Nov
01/10 01/16
01/10 01/16 A0204
01/10 01/16 A0206
01/10 01/16 A0209
TOTAL DUE VENDOR ---
Mtg2/14-6,Ushr,Btzlf,Frtz
TOTAL DUE VENDOR --------}
WhaleExcurs-3/2Deposit
Excurs-OrchdShw3/16Depost
Excurs-RamnaPagntDeposit
TOTAL DUE VENDOR --------
60.00
60.00
150.00
4.79
150.00
:304.79
48.58
431.59
52.25
48.59
22.00
220.01
397.50
397.50
453.34
453.34
45.38
332.80
1,364.21
3,549.70
2,910.73
8,202.82
705.00
705.00
200.00
200.00
.00
700.00
700.00
City
of Diamonar ���
d
BR
RUN TIME: 17:24 01/10/96
V O U C
H E R R E G I S T E
PAGE 6
DUE THRU.............01/16/96
VENDOR NAME
VENDOR ID.
* * PREPAID * ¢
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO.
------------------------------------------------------------------------------------------------------------------------------
ENTRT/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK:
Lewis Engraving Inc.
LewisEngra
}001-4095-2352
8 60116C 01/3383A
01/10 01/16
20040,59
TileEngrvSvcs-Papen
114.20
*001-4095-2"352
6 60116C 01/3C83A01!10
01/16
20066
TileEngrv5vc5-Lantz
17.32
TOTAL DUE VENDOR --------}
131.52
Los Angeles County
LACIntSvc
*001-4090-2130
6 60116C 01/3304
01/10 01/16
395
Rent/Lease-Pagers-Nov
125.66
TOTAL DUE VENDOR --------}
125.66
Los Angeles County
LACMTA
*112-4553-5533
2 60116C 01/3721
01/10 01/16
12950623
Dec-TrsSubsdyPrgm
29'3.60
*112-4553-5535
2 60116C 02/3721
01/10 01/16
12950623
Dec-TrsSubsdy-Fares
718.40
TOTAL DUE VENDOR --------}
1,012.00
Marathon Copier Service
MarathonCo
*001-4090-2100
6 60116C 02/3287
01/10 01/16
725744
Dec -Copy Charges
416.70
*001-4090-2200
18 60116C 01/3287
01/10 01/16
725744
Xerox Base Charge -Jan
250.00
TOTAL DUE VENDOR --------}
666.70
Mariposa Horticultural
Mariposa
*138-4538-2210
2 60116C 01/3591
01/10 01/16
8548
Irrg Repairs Dist 438 -Nov
320.75
*138-4538-2210
4 60116C 01/3591
01/10 01/16
8549
Irrg Repairs Dist 438 -Nov
203.52
TOTAL DUE VENDOR --------7
524.27
Medina, Raul
MedinaR
*001-4350-4100
4 60116D
01/10 01/16
Prk&Rec Comm Mtg 12/28
40.00
TOTAL DUE VENDOR --------}
40.00
Metrolink
Metrolink
*112-4553-5533
6 601160 01/3720
01/10 01/16
Dec-TrnstSubsdyPrgrm
2,182.60
*112-4553-5535
6 60116D 02/3720
01/10 01/16
Dec-TrnsSubsdyFares
8,499.40
TOTAL OLE VENDOR --------?
10,682.00
Microage
Microage
-
*001-4090-6230
7 60116C 01/3867
01/10 01/16
16027
Computerinterfce Cable
5.3.04
TOTAL DUE VENDOR -------->
53.04
Mobil
Mobil
*001-4310-2200
2 60116C 01/3849
01/10 01/16
13137
SmogCertifictn-P&RTruck
25.20
*001-4310-2200
4 60116C 01/3849
01/10 01/16
13160
SmogCertifictn-P&RTruck
25.20
*001-4090-2200
10 60116C 02/3849
01/10 01/16
13167
SmgCertifictn-Corsica
25.20
*001-400-2200
12 60116C 02/3849
01/10 01/16
13169
SmogCertifictn-Tempo
25.20
*001-4310-2200
6 60116C 01/3849
01/10 01116
13170
SmogCertifictn-P&RTruck
25.20
#¢* Citof Diamond ���
RUN TIME: 17:2 y Bar 4 01/10/96 V O U C H E R R E 0 I S T E R PACE 7
DUE THRU.............01/16/96
VENDOR NAME VENDOR ID. PREPAID #
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------
Mobil Mobil
*001-4090-2200 14 60116C 02/3849
*001-4090-2200 16 60116C 02/3849
*001-4310-2200 3 60116C
Monrovia, City of Monrovia
*001-4350-2325 1 60116C
Mullikin, Katherine MullikinK
*001-3476 2 60116C
Norco Alarm Inc
*001-4331-2126
*001-4314-2126
*001-4314-2126
NorcoAlarm
2 601160 01/3207
5 60116D 03/3207
3 60116D 03/3207
OCB Reprographics OCBReprogr
(CONTINUED)
18 601160
01/10 01/16 13173
SmogCertifictn-Olds
01/10 01/16 13176
S"Certifictn-Taurus
01/10 01/16 P93849
SmogCertifictn-CodeEnfTrk
14 60116D
TOTAL DUE VENDOR --------
01/10 01/16
CommConcrtMtg 1/15 -Rose
264375
TOTAL DUE VENDOR --------
01/10 01/16 25153
Refund-TinyTotsPrgrm
01/3511A
TOTAL DUE VENDOR --------
01/10 01/16 53547
SecrtySystm-SycCy-1st8tr
01/10 01/16 53553
Fire/ScrtyAlarmHrtg1st9tr
01/10 01/16 53554
Fire/ScrtyAlaroWtgistgtr
01/10
TOTAL DUE VENDOR --------
*250-4310-6415 06596
18 601160
01/3511A
01/10
01/16
264072
PanteraPark-Blackline
*250-4310-6415 06596
14 60116D
01/3511A
01/10
01/16
264375
PanteraPark-ProfSvcs
*250-4310-6415 06.596
16 60116D
01/3511A
01/10
01/16
264491
PanteraPark-Prof Svcs
*250-4310-6415 06596
12 60116D
01/3511A
01/10
01/16
267260
PanteraPark-ProfSvcs
Pender, Barbara
*001-3620
Photo Plus by Kim
*001-4095-2112
PenderB
1 601160
PhotoPlus
2 60116D 01/3251
Pomona Vly Transportation PomonaVly
*112-4360-5310 4 60116D 01/3672
1
TOTAL DUE VENDOR --------
01/10 01/16 23028 Refund-ExcurPrdeofLights
TOTAL DUE VENDOR --------
01/10 01/16 Photo Svcs-CommtyNwsltr
TOTAL DUE VENDOR --------
01/10 01/16 5438 Transp-TinyTotsEccurll/15
TOTAL DUE VENDOR --------)
25.20
25.20
25.20
201.60
6.00
6.00
68.00
68.00
78.00
60.00
66.00
204.00
33.88
22.50
74.27
74.11
254.76
82.00
82.00
4.03
4.03
682.50
6bi.50
RarKranzer&Assoc C.E. Inc RKA
*001-4551-5223
#
City
of Diamond
Bar +#
Plan Check Svcs -Dec
RUN TIME: 17:24 01/10/96
*001-4551-5223
V
G U C
H E R R E
G I S T E R
PAGE 8
256.50
*001-4551-5223
22 60116D 01/3637A
DUE THRU.............01/16/96
01/16
4042
VENDOR NAME
VENDOR ID.
*001-4551-5223
24 60116D 01/3692
01/10
01/16
+ PREPAID {
ACCOUNT PROJ.T%-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/N0.
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Postage By Phone
PostEyfhon
116.68
*001-4551-5223
28 601160 01/3786
01/10
01/10
*001-4090-2120
2 60116D
01/10
01/16
Postage Replenishment.
1,500.00
TOTAL DUE VENDOR -------->
11,500.00
Premiere Leasing Co.
PremiereLe
*001-4350-2140
6 60116D 01,13716
01/10
011116
100734
Rent-SycCynBldg 1/16-2/16
389.70
TOTAL DUE VENDOR -------->
389.70
Princess Resort
PrinResort
*001-4030-2330
4 60116D
01/10
01/16
Accm-2/14-6,Ushr,Btzf,Frt
722.70
'OTAL DUE VENDOR --------}
722.70
Rana, Lata
RanaLata
*001-2300-1002
2 60116D
01/10
01/16
Refnd-HrtgPrkComctDepst.
200.00
*001-3620
2 60116D
01/10
01/16
Refnd-HrtgPrkConCtRental
332.50
TOTAL DUE VENDOR --------}
532.50
Remedy The Intelligent
Remedy
*001-4210-4000
2 60116D 01/3690
01/10
01/16
484183
TempSvcs-ComDevSecr
18.96
*001-4210-4000
4 60116D 01/3690
01/10
01/16
487472
TempSvcs-Com DevSecretary
227.52
TOTAL DUE VENDOR -------->
246.48
Repro Graphics
ReproGraph
*001-4090-2110
4 60116D 01/3798A
01/10
01/16
7586
Bus Card Preprints
600.28
TOTAL DUE VENDOR --------}
600.28
RarKranzer&Assoc C.E. Inc RKA
*001-4551-5223
18 60116D 01/C2988
01/10
01/16
4042
Plan Check Svcs -Dec
21.00
*001-4551-5223
20 60116D 01/3466
01/10
01/16
4042
P1nChkSvc-Steeplchse-Dec
256.50
*001-4551-5223
22 60116D 01/3637A
01/10
01/16
4042
Pin Check Svcs-Bently-Dec
31.50
*001-4551-5223
24 60116D 01/3692
01/10
01/16
4042
P1nCheckSvcs-OakKno1l-Dec
199.82
*001-4551-5223
26 60116D 01/3751A
01/10
01/10
4042
PlanCheckSvcs-Bently-Dec
116.68
*001-4551-5223
28 601160 01/3786
01/10
01/10
4042
P1anCheckSvcs-OakKnol-Dec
178.50
TOTAL DUE VENDOR --------} 804.00
RonKranzer&Assoc C.E. Inc RKA
*001-4510-5221
8 601160 01/3465
01/10 01/16
3465
InspectSvcs-Stardust
112.50
*001-4510-5227
6 60116D 01/3774
01/10 01/16
4007
Inspection Svcs-OeltaDr
112.50
*001-4551-5227
6 60116D 01/C2881
01/10 01/16
4007
Inspection Svcs-Steeplchs
596.25
*001-4551-5227
8 60116D 01/3762
01/10 01/16
4007
Inspectn Svcs -Chinook
112.50
*001-4551-5227
10 60116D 01/C2827
01/10 01/16
4007
Inspection Fees-Braideft
139.50
*001-4551-5227
12 60116D 01/C2874
01/10 01/16
4007
Inspection Svcs-RoligKnol
112.50
TOTAL DUE VENDOR --------} 1,185.75
* * * City of Diamond Bar ***
RUN TIME: 17:24 01/10/96 V O U C H E R R E G I S T E R PAGE 9
DUE THRU.............01/16/96
VENDOR NAME VENDOR ID. # PREPAID #
ACCOUNT PROJ.TX-NO BATCH PO.LINEJNO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK,
------------------------------------------------------------------------------------------------------------------------------------
Ruzicka, Joseph T. RuzickaJ
*001-4350-4100 1 60116D
San Gabriel Vly Tribune SGVTribune
*001-4040-2115 12 601160 01/3240
Schad, Don SchadD
*001-4210-4100 3 60116D
01/10 01/16
01/10 01/16 11027
01/10 01/16
Siecke, Warren C. SieckeW
*250-4510-6412 07496 6 60116D O1/C3043 01/10 01/16 33588
*250-4510-6412 10496 4 60116D 01/C•2'579 01/10 01/16 355912
Sigma Nu Fraternity
SigmaNu
TOTAL DUE VENDOR --------)
40.00
PubNot-AnnualFinceRprt
*001-2300-1002
3 60116D
01/10
01/16
22624
*001-3620
3 60116D
01/10
01/16
22624
South Coast Engineers
SoCoastEng
8.25.50
SecDepositRef-HrtgComCtr
200.00
*00I-4090-2120
4 60116D
01/10
01/16
Refund-OvrpymntMaiingFees
Tim's Mobil
TinMobil
15.00
VehclMain-VolPtrlCar
13.19
*OU1-4415-2200
4 601160 01/3346
01/10
01/16
8028
*001-4415-22200
2 601160 01/3875
01/10
01/16
8037
Tye, Steven
TyeS
City Wide TreeMaint-12/21
450.00
TOTAL DUE VENDOR --------)
*001-4350-4100
3 60116D
01/10
01/16
West Coast Arborist Inc.
WCArbor
*001-4558-5509
2 60116D 01/3146
01/10
01/16
10502
*001-4558-5509
4 60116D 01/3146
01/10
01/16
10521
*001-4558-5509
6 60116D 01/3146
01/10
01/16
10530
Prk&Rec Cans Mtg 12%28
40.00
TOTAL DUE VENDOR --------)
40.00
PubNot-AnnualFinceRprt
24.15
TOTAL DUE VENDOR --------)
24.15
Ping Come Mtg 11/27
60.00
TOTAL DUE.VENDOR--------)
60.00
CIP-GrndAveRehab
68.50
LeftTurn5ignlPthfndr
757.00
TOTAL DUE VENDOR --------)
8.25.50
SecDepositRef-HrtgComCtr
200.00
Damage Chgs-HrtgConCtr
195.00 -
TOTAL DUE VENDOR --------)
5.00
Refund-OvrpymntMaiingFees
15.00
TOTAL DUE VENDOR --------)
15.00
VehclMain-VolPtrlCar
13.19
BrakeShoes/Pads-VolPtrlVh
215.04
TOTAL DUE VENDOR --------)
228.23
Prk&Rec Mtg 12/28
40.00
TOTAL DUE VENDOR --------)
40.00
Tree Maint-December
2,420.00
EnerCallOut-12/13
400.00
City Wide TreeMaint-12/21
450.00
TOTAL DUE VENDOR --------)
3,270.00
Citof Di
RUN TIME: 17:24 01/10/96 V O y U C H E R k amond E G I S T E BR ar
DUE THRU.............01/16/96
VENDOR NAPS VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
------------------------------------------------------------------------------
West Publishing Co. WestPub
+001-4090-2320 4 60116D 01/3239
Yosemite Waters YosemWater
*001-4310-1200 2 60116D 02/3230
*001-4310-2130 8 60116D 01/3230
PAGE 10
* PREPAID *
AMOUNT DATE CHECK:
--------------------------------------
01/10 01/16 81491019 AnnotatedCaCode-Publctn 69.95
TOTAL DUE VENDOR --------> 69.95
01/10 01/16 Water-SycmoreCyn 20
01/10 01/16 EquipRent-SycCynPrk-Dec 12.00
TOTAL DUE VENDOR --------) 32.85
TOTAL PREPAID -----------) 0.00
TOTAL DUE ---------------) 159,312.84
TOTAL REPORT ------------) 159,312.84
Citof Diamon��#
y d Bar
RUN TIME: 17:24 01/10/96
V O U C H E R R E G I S T E R
PAGE 1
FUND SUMMARY REPORT
DUE THRU.............01/16/96
DISBURSE
G/L GJE WILL POST GJE HAS POSTED
FUTURE TRANSACTIONS
FUND
------------------------------------------------------------------------------------------------------------------
TOTAL
DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE
REVENUE
EXPENSE
001 General Fund
130,930.29
3,992.17
316.50
126,621.62
139 LLAD 439 Fund
6,166.37
6,166.37
250 C.I.P. Fund
4,600.41
4,600.41
112 Prop A -Transit F
17,091.50
17,091.50
138 LLAD 438 Fund
524.27
524.27
TOTAL
------------
------------------------------------------------------------
------------
ALL FUNDS
159,312.84
3,992.17
316.50
------------
155,004.17
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. .:2:2
TO: Terrence L. Belanger, City Manager
MEETING DATE: January 16, 1996 REPORT DATE: January 10, 1996
FROM: George A. Wentz, City Engineer
TITLE: Notice of Completion for Grand Avenue Street Rehabilitation, Traffic Signal Synchronization, and
Intersection Modification Project Between Golden Springs Drive and the San Bernardino County Line
SUMMARY: The City Council, on June 12, 1995, awarded a contract to Gentry Brothers, Inc. for the Grand
Avenue Street Rehabilitation, Traffic Signal Synchronization, and Intersection Modification Project between
Golden Springs Drive and the San Bernardino County Line. The final job walk was conducted on November
17, 1995 to determine the adequacy of all constructed improvements.
RECOMMENDATION: It is recommended that the City Council accept the work performed by Gentry
Brothers, Inc., and authorize the City Clerk to file the proper Notice of Completion and release any retention
amounts per previously approved plans and specifications.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specifications (on file in City Clerk's office)
X Other: (Notice of completion)
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
N/A _ Yes _ No
Majority
N/A _ Yes _ No
N/A —Yes _ No
N/A Yes _ No
TeInce L. Bela g r Frank WU6& eorge A. Wentz
City Manager Assistant City M ager City Engineer
c: A W P60\ LindaKay\Agen96\g mreha0.109
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: January 16, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Notice of Completion for Grand Avenue Street Rehabilitation, Traffic Signal
Synchronization, and Intersection Modification Project Between Golden
Springs Drive and the San Bernardino County Line
ISSUE STATEMENT
File and Submit for recordation a Notice of Completion for Grand Avenue Street Rehabilitation,
Traffic Signal Synchronization, and Intersection Modification Project between Golden Springs
Drive and the San Bernardino County Line
RECOMMENDATION:
It is recommended that the City Council accept the work performed by Gentry Brothers, Inc., and
authorize the City Clerk to file the proper Notice of Completion and release any retention amounts
per previously approved plans and specifications.
FINANCIAL SUMMARY:
This process of filing Notice of Completion has no financial impact on the City's 1995-1996
budget.
BACKGROUND/DISCUSSION:
The City Council, at their regular meeting of June 12, 1995, awarded the contract for the Grand
Avenue Street Rehabilitation, Traffic Signal Synchronization, and Intersection Modification Project
Between Golden Springs Drive and the San Bernardino County Line to Gentry Brothers, Inc. the
lowest responsible bidder. The final construction contract amount, including change order items,
was $920,231.31. On November 17, 1995, a final job walk was conducted with Gentry Brothers,
Inc. to determine the adequacy of all constructed improvements. Staff has determined that the
work is in accordance with the plans and specifications prepared and approved by the City.
Prepared By:
David G. Liu
C: \W P60\LINDAKAY\CCR-96\gmfeha0.109
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name CITY OF DIAMOND BAR
Street 21660 EAST COPLEY DRIVE, STE
Ad'ress
C.tyS DIAMOND BAR, CA 91765-4177
State
L
ATTN: CITY CLERK
10
NOTICE OF COMPLETION
It
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated Wo'+r in the property hereinafter described:
2. The full name of the owner is CITY OF DIAMOND BAR
3. The full address of the owner is 21660 EAST COPLEY DRIVE, STE. 100
DIAMOND BAR, CA 91765-4177
4. The nature of the interest or estate of the owner is; In fee.
(If other than fee. strike "in fee' and insert, for example, "purchaser under contract of ocrchase;' or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ACORESSES
6. A work of improvement on the property hereinafter described was completed orAOVEMBER 17. 1995 The work done was:
GRAND AVENUE STREET REHABILITATION, TRAFFIC SIGNAL SYNCHRONIZATION, AND INTERSECTION
1.�DIFICATION PROJECT BETWEEN GOPEN SPRINGS DRIVE AND TR SAN—BERNARDINO CUIIRTY LINE.
ie name o he contractor, If any, for such work alt Improvement was
JUNE 27, 1995
(If no contractor for work of improvement as a whole, insert "none".) (Date of Contract)
8. The property on which said work of Improvement was completed is in the city of DIAMOND BAR
County Of LOS ANGELES , State of California, and is described as follows: GRA Nn AVENUE STRF.FT REHABILITATION,
TRAFFIC SIGNAL SYNCHRONIZATION, AND INTERSECTION MODIFICATION PROJECT BETWEEN GOLDEN
SPRINGS DRIVE AND THE SAN BERNARDINO COUNTY LINE.
9. The street address of said property is --
Iif no street address has been officially assill, insert "none'.)
Dated:
Verification for Individual Owner
Signature of owner cr corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the DEPUTY DIRECTOR OF PUBLIC WORKS the declarant of the foregoing
("President of". "Manager of', "A partner of', "Owner of', etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 19, at California.
(Date of signature.) (City where sigced.)
(Personal signature of the individ:al who is swearing that the contents of
the notice of completion are true.)
U1TY VF DIA1 UND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: January 16, 1996 REPORT DATE: January 9, 1996
FROM: Bob Rose, Community Services Director
TITLE: Resolution No. 96 -XX of the City Council authorizing the release of the Request for Proposals (RFP)
for Landscape Architect to design ADA improvements and Tot Lot drainage correction at Peterson Park.
SUMMARY: The Americans with Disabilities Act of 1990 (ADA) requires that all public facilities be accessible
to the physically challenged, including public parks. Peterson Park is the second park in Diamond Bar (Maple
Hill Park was the first) scheduled to be retro -fit per ADA requirements. Because this retro -fit work is mandated
(continued on page 2)
RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 96 -XX
authorizing the release of the RFP for a Landscape Architect to prepare plans and specifications for ADA
improvements and Tot Lot drainage correction at Peterson Park.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specifications
_ Ordinance(s) X Other: Request For Proposals
Agreement(s)
EXTERNAL DISTRIBUTION: None
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
reviewed by the City Attorney? X Yes —No
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? _2L Yes _ No
What Commission? Parks and Recreation Commission
5. Are other departments affected by the report? _X_ Yes —No
Report discussed with the following affected departments: Public Works
Community Development
REVIEWED BY:
Terrence L. Belan r Frank sher Bob Rose
City Manager V Assistant City Manager Community Services Director
Agenda Report
Peterson Park ADA Retro -fit
Meeting Date: January 16, 1996
Page Two
SUMMARY: (continued)
by federal legislation, CDBG funds (Federal funds) may be utilized to complete these improvements. The City
Council budgeted CDBG funds for this project in the 1995/96 Fiscal Year budget.
The improvements scheduled to be completed at Peterson Park include replacement of drinking fountains,
replacement of play equipment, installation of an accessible surface in the tot lot, improvements to the
restroom/concession building including partitions in the restrooms with doors, installation of required signage,
correction of walkway/parking lot cross slopes and consideration for a walkway around the perimeter of the park.
One of the benefits of this project is that proper drainage will be installed in the tot lot that will prevent this
facility from flooding during future rain storms.
Scheduling for the construction of these improvements will be coordinated with the installation of the ballfield
lights and drainage correction in the athletic fields. This will result in the least inconvenience to the public.
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: January 16, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manger
SUBJECT: Resolution No. 96 -XX of the City Council authorizing the release of the Request for
Proposals (RFP) for Landscape Architect to design ADA improvements and Tot Lot drainage correction
at Peterson Park.
ISSUE STATEMENT: The City Council has budgeted CDBG funds in the 1995/96 Fiscal Year budget
to design the ADA improvements and Tot Lot drainage correction at Peterson Park. The services of a
landscape architect are required to develop the plans and specifications for these improvements. The RFP
process is the method used to select the firm that is most qualified to complete this work.
RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 96 -XX
authorizing the release of the RFP for a Landscape Architect to prepare plans and specifications for ADA
improvements and Tot Lot drainage correction at Peterson Park.
FINANCIAL SUMMARY: The City Council has budgeted Community Development Block Grant
(CDBG) funds in the 1995/96 Fiscal Year budget to complete the design for these improvements at
Peterson Park.
BACKGROUND: The Americans with Disabilities Act of 1990 (ADA) requires that all public facilities
be accessible to the physically challenged, including public parks. Peterson Park is the second park in
Diamond Bar (Maple Hill Park was the first) scheduled to be retro -fit per ADA requirements. Because this
retro -fit work is mandated by federal legislation, CDBG funds (Federal funds) may be utilized to complete
these improvements. The City Council budgeted CDBG funds for this project in the 1995/96 Fiscal Year
budget.
DISCUSSION: The improvements scheduled to be completed at Peterson Park include replacement of
drinking fountains, replacement of play equipment, installation of an accessible surface in the tot lot,
improvements to the restroom/concession building including partitions in the restrooms with doors,
installation of required signage, correction of walkway/parking lot cross slopes and consideration for a
walkway around the perimeter of the park. One of the benefits of this project is that proper drainage will
be installed in the tot lot that will prevent this facility from flooding during future rain storms.
Scheduling for the construction of these improvements will be coordinated with the installation of the
ballfield lights and drainage correction in the athletic fields. This will result in the least inconvenience to
the public.
PREPARED BY:
Bob Rose
Community Services Director
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING THE RELEASE OF THE REQUEST FOR PROPOSALS (RFP) FOR
LANDSCAPE ARCHITECT SERVICES TO PREPARE PLANS AND
SPECIFICATIONS FOR ADA IMPROVEMENTS AND TOT LOT DRAINAGE
CORRECTION AT PETERSON PARK.
WHEREAS, it is the intention of the City Council to construct certain improvements in the
City of Diamond Bar.
WHEREAS, the Americans with Disabilities Act of 1990 (ADA) mandates that public facilities
must be accessible to the physically challenged.
WHEREAS, the City of Diamond Bar has authorized the use of Community Development
Block Grant funds (Federal Funds) to design and construct ADA mandated projects.
WHEREAS, such improvements will also benefit the entire Diamond Bar community.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Diamond Bar shall release the
Request For Proposals seeking the services of a Landscape Architect for the design of the
improvements in Peterson Park.
Proposals are to be delivered by 5:00p.m., February 16, 1996, to the Community Services
Department, City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, CA 91765.
By order of the City Council of the City of Diamond Bar, California.
Dated this day of , 1996.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Diamond Bar
this day of , 1996.
City of Diamond Bar
Landscape Architect Services
Page 1
MAYOR
ADA Improvements/Tot Lot Drainage
at Peterson Park
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify
that the foregoing Resolution was duly and regularly passed and adopted by the City Council of
the City of Diamond Bar, California, at its regular meeting held on the day of
, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
City of Diamond Bar
Landscape Architect Services
LYNDA BURGESS, CITY CLERK
CITY OF DIAMOND BAR, CALIFORNIA
Page 2
ADA Improvements/Tot Lot Drainage
at Peterson Park
REQUEST FOR PROPOSALS
Americans with Disabilities Act (A.D.A.)
Retro -fit of Peterson Park
The City of Diamond Bar is seeking responses from qualified firms. to provide professional
landscape architectural services for the preparation of plans, specifications and cost estimates
for the A.D.A. retro fit of Peterson Park, including support for the project during the
construction phase.
GENERAL BACKGROUND
Peterson Park is a developed nine acre park located at 24142 E. Sylvan Glen Road in the City of
Diamond Bar. The City plans to construct improvements in order to meet federal Americans with
Disabilities Act of 1990 accessibility requirements.
The intent of the City is to retro -fit the park to create a totally accessible facility. This includes
the tot lot, restroom/concessions building, walkways, signage, athletic facilities, parking lot,
drinking fountains and picnic areas and any other area found to be in need of retro -fit during the
review portion of the design process.
This project will be funded under the federal Community Development Block Grant Program.
Approximately $170,000 in CDBG funds will be used for landscape design, engineering,
construction inspection and construction costs.
SCOPE OF SERVICES
1. Meet with City staff to finalize the scope of services and set a schedule for completion of
the project.
City of Diamond Bar RFP Landscape Architectural Services
1 - ADA Retro -fit of Peterson Park
2. Review current conditions and recommend the work necessary to create a totally accessible
facility per ADA requirements.
3. Provide a topographical survey of the site to establish existing grades/cross slopes.
4. Prepare a conceptual plan of the planned improvements, with cost estimates. Plan to
attend two Parks and Recreation Commission meetings to support the conceptual plan.
When directed by City staff, prepare 40 scale plans and specifications for the construction
of park improvements and entire bid document package (including Community
Development Block Grant (C.D.B.G.) requirements). Include engineer's estimate of cost
to construct project.
6. Plan to attend one City Council meeting to support the bid documents during the approval
process of the plans and specifications.
7. Prepare and distribute any necessary addendum to the bid documents. Also review
submittals during bid process and recommend approval or rejection.
8. Attend the bid opening and review all submitted bids for completeness and check licenses
and references of apparent low bidder (prime and sub -contractors).
9. Provide a written recommendation for the apparent low bidder based on information
obtained in the submitted documents, interviews with references, State of California
Consumer Affairs and other sources with first hand knowledge regarding the competency
of the contractor to successfully complete the work described in the bid documents.
10. Attend the City Council meeting to support the. award of the contract to the apparent low
bidder.
11. Attend the pre -construction meeting to present information on the construction documents.
Pre -construction meeting will include a site visit.
12. Review submittals and change order requests and provide written recommendations on
their approval or rejection during the construction phase.
13. Provide support of the construction documents by attending a meeting on-site up to once
per week during the construction process and by providing telephone support as -needed
to City staff, project manger, general contractor and City Inspector.
14. Attend final walk through of project and provide written recommendation on the
acceptance of the project.
15. Prepare and submit as -built 40' scale drawings on mylar to the City after the completion
City of Diamond Bar RFP Landscape Architectural Services
2 - ADA Retro -fit of Peterson Park
of project construction.
16. Attend the City Council meeting to support acceptance of the project and the filing of the
notice of completion.
17. Prepare, compile and present all necessary documentation, forms, and reports for review
by the U.S. Department of Housing and Urban Development, Los Angeles County Office
of Affirmative Action Compliance, Los Angeles County Community Development
Commission, and other governmental entities during project and audit review sessions.
SUBMISSION PROCEDURES
The proposal must include the following:
♦ Cover letter including name, address and telephone number for the firm, background
information and the name of the contact person.
♦ Names and qualifications for the project team that will be providing the services, including
resumes
♦ Scope of Services
♦ Proposed Fee (Must be submitted in separate, sealed envelope)
♦ Breakdown of Proposed Fee by task and hourly rate.
♦ Proposed hourly billing for each project team member that would be assigned and any
expected additional expenditures
♦ Experience of the assigned team members with similar work
♦ Firm's capabilities relative to performing the required work within very reasonable time
frames
♦ At least three references for similar work
♦ Schedule of required time line to complete the project
SUBMITTAL DEADLINE
Interested firms must submit four copies of the proposal to:
Bob Rose, Community Services Director
City of Diamond Bar
21660 E. Copley Drive, Ste 100
Diamond Bar, CA 91765
Proposals are due by:
Friday, February 16, 1996 by 5:00p.m.
City of Diamond Bar RFP Landscape Architectural Services
3 - ADA Retro -fit of Peterson Park
SELECTION CRITERIA
Selection of the firm will be done on a competitive basis. In reviewing and evaluating the
response to this RFP, City staff will be considering the following: o
1. Responsiveness and comprehensiveness of the proposal with respect to this Request for
- Proposals (RFP);
2. Experience of the firm designing park retro -fit projects to meet ADA requirements.
3. Related experience and qualifications of the proposed project manager and project team.
4. Availability of project team and their ability to complete this project in a timely manner.
S. Information obtained from references.
6. Willingness to enter into standard City of Diamond Bar Consulting Services Agreement.
7. Reasonableness of the proposed fee.
8. Minority or Women's Business Enterprise Status and Section 3 requirements.
The criteria should not be construed so as to limit other considerations which may become
apparent during the review and selection process. The City reserves the right to reject any or all
proposals and may elect to make a decision without further discussion or negotiation. This
solicitation for proposals is not to be construed as a contract of any kind. The City is not liable
for any cost or expenses incurred in the preparation of the proposal.
In addition, since this program is funded with Community Development Block Grant (C.D.B.G.)
funds, the selected firm or individual shall comply with all applicable C. D.B.G. requirements and
regulations.
QUESTIONS
All questions concerning this RFP should be directed to Bob Rose, Community Services Director
at (909) 396-5694.
Attachment:
Consulting Services Agreement
City of Diamond Bar RFP Landscape Architectural Services
4 - ADA Retro -fit of Peterson Parts
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of by and between the City of Diamond
Bar, a municipal corporation ("City") and . ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to City as set forth in Exhibit "A."
B. Consultant represents that it is fully qualified to perform such consulting services by virtue
of its experience and the training, education and expertise of its principals and employees.
C. Since this is a Federally assisted construction project, Davis -Bacon will be enforced, and if
the State and Federal wage rates are applicable, then the higher of the two will be used. The Federal
Labor Standards provisions (Form HUD -4010), HUD's Section 3 requirements Federal Minority
Business Enterprise / Women's Business Enterprise (MBE/WBE) requirements and the Federal Wage
Determination are attached and made part of this agreement, and compliance will be enforced. Any
prime contractor or subcontractor working on a Federally assisted project must be eligible to
participate. Any agreement must contain the same Federal language.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "A."
B. Level of Services/Time of Performance. The level of and time of the specific
services to be performed by Consultant are as set forth in Exhibit "A."
2. Term of Agreement. This Contract shall take effect .1996, and shall
continue until . unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which
Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit
"A." Payment will be made only after submission of proper monthly invoices in the form specified by
City. Total payment to Consultant pursuant to this Agreement shall not exceed
dollars
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall
control.
5. Addresses.
City: City Manager Consultant:
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765-4177
95052510573-00001 Isyadl 1092677 4
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the
conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are
in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under
this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties,
and interest asserted against City by reason of the independent contractor relationship crested by this
Agreement. In the event that City is audited by any Federal or State agency regarding the independent
contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant agrees to reimburse
City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals
relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant fialher agrees to indemnify and hold City harmless
from any failure of Consultant to comply with applicable wodwes compensation laws. City shall have
the right to offset against the amount of any fees due to Consultant under this Agreement any amount due
to City from Consultant -as a result of Coosultenfs failure to promptly pay to City any reimbursement or
indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work to the highest
professional standards and in a manner reasonably satisfictory to the City Manager or the City Manager's
designee.
S. Indemnification. Consultant is skilled in the professional calling necessary to perform
the services and duties agreed to be performed under this Agreement, and City is relying upon the skill
and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law,
Consultant hereby agrees. at its sole cost and expense, to defend, protect, indemnify, and hold harmless
the City of Diamond Bar and its elected of dad officw% attoer )% 411016 employees, volunteers,
successors, and assigns (collec&* `fin mdoesl from and against any and all damages, costs,
expenses, liabilities, claims, dsmmds, causes of action, proceedings, expenses, judgments. penalties.
liens, and losses of any naotnrre wrbataoever. including fees of accountants, attorneys, or other
professionals and all costs anoeimed therewith, arising or claimed warise, directly or indirectly, out of,
in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or
any of its offices, arata, slrvanb. empkrj* . wbcantrartors, nidwialmeo, suppliers or their officers.
agents, servants or employees, arising or claimed to arise, directly or indirectly. out of. in connection
with, resulting from, or related to this Agreement or the performance or failure to perform Any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, Of subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence- This
indemnity provision shall survive the termination of the Agreement and is in addition to any other rights
or remedies which Indemnitees may have under the law. Payment is not required As a condition
precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment
against an Indemnitee shall be conclusive in favor of the hAemnitee's right to recover under this
9XW IGM40001 to IMS77 4 Page 2
indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in
enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall
be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent
that the undtrlyiag Agreement is subject to Civil Code § 2782(a) or.(b) the contracting public agency's
active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b).
This indemnity is effective without reference to the existence or applicability of any insurance coverages
which may have been required under the Agreement or any additional insured endorsements which may
extend to Indemnitees.
Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from
all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence
by the Indemnitees.
In the event them is more than one person or entity named in the Agreement as a Consultant, then all
obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several.
9. Insumace. Consultant shall at all times during the term of this Agreement cavy,
maintain, and keep in full force and effect, with an insurance company admitted to do business in
California and approved by the City (1) a policy or policies of broad -form comprehensive general
liability insurance with minimum limits of 51,000,000.00 combined single limit coverage against any
injury, death, loss or dump as a resuhh of wrongful or negliput acts by Consultant, its officers,
employees, agents, and independent contractors in performance of services under this Agreement; (2)
property damage insurance with a minimum limit of S500,000.00; (3) automotive liability insurance,
with minimum combined single limits coverage of SSW,000.00-, (4) professional liability insurance
(errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions,
or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5)
worker's compensation insurance with a minimum limit of SS00,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers s shall be named as additional
insureds on the policy(ies) as to comprrbuuive general liability, property damage, automotive liability,
and worker's compensation caveespas. Tine polio+ (les) ss to comprehensive general liability, property
damage, authomobile liability, sad peofimional liabiUty shall provWethat they are primary, and that any
insurance maintained by the City shall be excess instance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, orod wm modified (except through the addition of additional insureds to
the policy) by the fimmu s carrier without the iosuruace carrier givt2+g City thirty (30) day's prior,
written notice thaueof. Consultant agrees that it will not cancel, reduce or otherwise modify the
insurance coverage.
B. Consultant agrees that if it does not keep the insurance in full force and effect,
and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay
the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost
of such insurance may be deducted, at the option of City, from payments due Consultant.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance policy
endorsements indicating compliance with all other minimum bwzancs requirements above, not less that
,!8115 105724001 WOW 10=77 4 page 3
one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on
City's appropriate standard forms entitled "Additional Insured Endorsement".
lo. Confidentiality. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Consultant covenants that all data,
documents, discussion, or other, information developed or received by Consultant or provided for
performance of this Agreement -are deemed confidential and shall not be disclosed by Consultant without
written authorization by City. City shall grant such authorization if disclosure is required by law. All
City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under
this section shall survive the termination of this Agreement.
11. Ownenbip of Materials. All materials provided by Consultant in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to. be performed by Consultant under
this Agreement, or which would conflict in my manner with the performance of its services hereunder.
Consultant f usher covenants that, in performance of this AReemeot no parson having my such interest
shall be employed by it. Furthermore, Consultant $hail avoid the sppearanoe of having any interest
which would conflict in any manmer with the performance of its services pursuant to this Agreement.
B. Consultant covenant: mot to pve or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the termination of
this Agreement.
13. Termination. City may terminate this Apvemeot with or without cause upon fifteen
(15) days' written notice to Consultant. The effective data of termination shall be upon the date specified
in the notice of termination, or. in the event no deet is specified, upon the f fiventh (1 Sth) day following
delivery of the notice. In the event of such termhodon, City apvn to pay Consultant for services
satisfactorily rendered prior to the effective daft of tatmiaadon. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing saviees.
14. p"WE 4 Consultant represents flat it has, or will secure at its own expense, all
personnel requited to perform the services under this Agreement. All of the services required under this
Agreement will be perAwmed by CaosukM or under it supervision. ad all personnel engaged in the
work shall be qualified to perform such services. Cen mPAM reserves the right to determine the
assignment of its own employees to the performance of CoofutlMes services under this Agreement, but
City reserves the right. for good cause, to require Consultant to excbde any employee from performing
services on City's promises.
15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted
documentation acceptable to the City Manager, allbUsMq that it is financially solvent, such that it can
reasonably be exported to perform the services requited by this Agieemeut. Within thirty (30) days of
the fust anniversary of the effective daft of this Agreement. and each year thereafter throughout the term
of this Agree. ent, Consultant shall submit such financial information as may be appropriate to establish
"an IOM40001 *%& IOM7 r 4 Page 4
to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was
the case prior to entering into this Agreement. Financial information submitted to the City Manager shall
be returned to Consultant after review and shall not be retained by City.
16. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as torace, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will comply
with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be
limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
H. Consultant will, in all solicitations or advertisemeab for employees placed by or
on behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
17. Assignment, Consultant shall not assign or transfer any interest in this Agreement nor
the performance of any of Consultanes obligations hereunder, without die prior written consent of City,
and any attempt by Consultant to so assign this Agreement or any rigbts, duties, or obligations arising
hereunder shall be void and of no effort.
18. Performance Evalaatfow For any contract in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of the
first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of
this Agreement. The work prvdura required by this Agreement shall be utilized as the basis for review,
and any comments or complaints received by City during the review period, either orally or in writing.
shall be considered. City shall meat with Consnittmt prior to preparing the written report. If any
noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or,
in the alterative, may terminaee this Agreement as provided herein.
19. Compliaaee with Laws. Consultant shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
20. Noa-waiver of Terms', Rights and Remedies. waiver by either party of any. one a
more of the conditions of performance under this Agreement shall not be a waiver of any other condition
of performance under this Agreement. In no event shall the making by City of any payment to
Consultant constitute or be constroW as a waiver by City of any breach of covenant, or any default which
may then exist an the part of Consultant, and the m"g'of any such payment by City shall in no way
impair or prejudice any right or remedy available to City with regard to such brach or default.
"OSn 100724MI WA 10M" 4 Page 5
21. Attorney's Fem in the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including
reasonable attorney's fees and costs, including costs of expert witnesses and consultants.
22. Nodees. Any nptices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during regular business hours or by
facsimile before or during regular business hours; or (b) on the third business day following deposit in
the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of
this section.
23. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
24. Counterparts. This Agreement may be atecuted in any number of counterparts, each of
which shall be deemed to be the original, and all of which together shall constitute one and the same
instrument.
23. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represent the entire and integrated agreement between Consultant and City. This
Agreement supersedes all prior oral or written negotidioos, r epresentaiom or agreements. This
Agreement may not be amended, nor any provision or brach hereof waived, except in a writing signed
by the parties which expressly refers to this Amt. Amendments on behalf of the City will only be
valid if signed by the City Manager or the Mayor end attested by the City Cleric.
26. Exhibits. All exhibits referred to in this ASreament are incorporated herein by this
reference.
IN WITNESS WHEREOF, the patios have executed this Agreemei t as of the date first
written above.
"City"
ATTEST: CTTY OF DIAMOND BAR
By:
City clack
Approved as to farm:
By:
City Attorney
MW ISM48001 ry a ioMrra
By:
city Manager
"CONSULTANT"
By:
Its:
Page 6
ADDITIONAL INSURED ENDORSEMENT
COMPREiIENSIVE GENERAL LIABELM
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or a *city f es) insured.
Notwithstanding any incoasistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The ("Public
Agency'% its elected officials, Officers, cers, attorneys. agents, OnPWYeas. and volunteers are additional
insureds (the above named additional mmroda are hereafter referred to as the "Additional Insureds")
under the policy in relation to those acdvida deewond generally above with regard to operations
performed by or on behalf of the Named Insured. TM Additional Insureds have no liability for the
payment of any premiums or assessment under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other inswana maintamed by the Additional Insureds shall be called upon to
contribute with the bwxmcm coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brougbtexcept with respect to the limits of the Company's
liability.
4. Nothing in this contract of inwrwe shall be cooawed to preclude coverage of a claim
by one insured uAdw the policy against another insured under the policy. All such claims shall covered
as third -patty claims, i.e., in the same maturer as if sepwate policies had been issiied to each insured.
Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability
as provided under the policy.
5. life insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insunnce) includes liability assumed by the Named
Insured under the irtdemnificatian and/or hold harmless provisions) contained in or executed in
J-1 ADOtflONAL 1lMAED 04MRSEMENT
�sosss �osrt�ooeu yr s ca>srr coomwam team cwdr L UABIU TY
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
F. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Ptiblic Agency, by certified mail, return receipt requested, not less than
thirty (30) days prior to the effective data thereof. In the event of Company's failure to comply with this
notice provision, the.policy as initially drafted will continue in full force mad effect until compliance with
this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligsoce by the Additional bssweds.
S. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of inwuance.
9. This endorsement and all notices given heretmder shall be sent to Public Agency at
10. Except as stated above and not in eonfiiet with this endorsement nothing contained
herein shall be held to waive, aper or extend any of tbs limits6 agreeme sb, or exclusions of the policy to
which this endorsemaat is attacbed.
Z - r Iw
1.1 ail P.• la„1J,I *I.I-�-
1 D, 114161
= I 11
11. Scheduled items or locatioes are to be identified on an sumcbed sheet. The following
inclusions relate to the above covaaga. Includes:
A ADDMXM pjVj 1E0 90MEMENT
»ems �ertt i re>arsr� CiO titiNE GDOEPAI LIAsAM
❑ Contractual Liability
❑ Owners/Lwdlords/tenants
❑ Manufacturers/Contractors
O Products/Completed Operations
❑ Broad Form Property Damage
❑ Extended Bodily Injury
❑ Broad Form Comprehensive
❑ General Liability Endorsement
0 Explosion Hazard
❑ Collapse Hazard
❑ Underground Property Damage
❑ Pollution Liability
❑ Liquor Liability
C'
❑
Ful
12. A ❑ deductible or ❑ self-insured retention (check ons) of S applies
to all coverage(s) except:
fif none, so stats). The deductible is applicable ❑ per claim or ❑ per
occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effwdve on at 12:01 A.M. and forms a part
of Policy Number
11 (print Harm), hereby
declare under penalty of perjury under the I" of the State of California, that I have the authority to bind
the Company to this endorsement and that by my cmation hereof; I do so bind the Company.
Executed .19__
Phone No.:
"OW 105M on WA lona►•
Signature of Authorized Representative
(Orlsrrai signatt m only; no facsimile signature
or initialed signowe accepts
.W ADOInoWL peUREt) ENDMEMEM
t;OMp11EMENdNE GENERAL L"IUT-r
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBELE L1ABUXry
Nance and address of named insured ("Named Insured"):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s). twense(s), and/or ac&uy(w) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereaft attached thereto; it is agreed as follows:
1. 'Ilse and volunteers are
("Public Agency" ), its elected officials, officers. attwwn agents. emPloyees.
additional insureds (the above named additional inwreds are be mft referred to � -egard Additional
Insureds') under the Policy is relation m those activities described pnaaliyabove
operations performed by or on behalf of the Named bm med. 'Ile Additional Insureds have no liability
for the payment of any premiums or assesomts under the Policy.
2. The insurance cover ape efibrded the Addib=W Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance eovaaps provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or snit is brought except with respect to the limits of the Company s
liability. _
4. Nothing in the oontraet of Wmuwlce shall be construed to preclude coverage of a claim
by one insured under the policy spirit another inwrad under the policy. All such calms shall covered
as third -party claims, i.e., in the same manna as if separate Policia had beer issued to each insured.
Nothing contained in this povisioa shall oPerate m imam or replicate the Company$ limits of liabillr7
as provided under the policy.
S. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes -liability e Nuned
Insured under the indemnification and/or hold harmless penvision(s) contained Named Insured
uted in
conjunction with the written sgmemept(s) or permits) designated above, between
the and the Additional Insureds.
J-4 ADDzflOtrllL PSIIRED ENDMEME Wr
MnTUl ME Lwsk r'''
9"M ISM4=1 W IGMY 14
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than
thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and, effect until compliance with
this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
S. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limit, agreemenit, or exclusions of the policy to
which this endorsement is attached.
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes -
(3 Any Automobiles
O All Owned Automobiles
O Non -owned Automobiles
O Hired Automobiles
noes IGM 00MI yes 10M" 4
O Truckers Coverage
O Motor Carrier Act
O Bus Regulatory Reform Act.
O Public Livery Covasage
❑ Scheduled Automobiles O
O Garage Coverage ❑
12. A O deductible or ❑ self-insured retention (check one) of S
applies to all coverage(s) except:
(if now, so state). The deductible is applicable O per
claim or O per occurrence (check one).
13. This is an ❑ occurrence or O claims made policy (check one).
14. This endorsement is effective on ._— at 12:01 A.M. and forms a part of Policy
Number --
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that have have the authority to bind
the Company to thin endorsement and that by my execution hereof, I do so bind the Company.
Executed .19__.
Sisoatme of Authorized Representative
(Opkkw soman 0*' mo J6CsMde signemoe
or bitd&dsWAwwv aMP04
Phone No.: L—J
/10DMM MDQ S
"" wn-�I wa ieaar 4
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreememt(s), permit(s), licaue(s), and/or activity(iss) buwv&
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy') or in any endorsement now or hereafter attached theretoo it is agreed as follows:
1. The -
("Public Agency"), its elected officials, officaS, attorneys, agents, emPWYees. and volunteers am
additional insureds (the above named additiond insursda are baea6 referred to as the "Additional
Insureds') under the policy in mlgdoa to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. lie insurance coverages afforded the Additional Insureds under the Policy shall_ be
primary insurance, and no other int maistaiaed by the Additional Insureds shall be called upon to
contribute with the inanrance coverages provided by the Policy.
3. Each insu ancs cover W under, the Policy shall apply separately to each Additional
Insured against whom claim is mads ar suit is brought except with respect to the limits of the Companys
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy allmost another insured under the policy. All such claims shall covered
as third -party claims, i.e., is the same mamer as if separate policies had ban. issued to each insured.
Nothing contained in this provision shall operate to iacreaaa or replicate the Companys limits of liability
as provided under the policy.
S. The insurance afforded by the Policy for, contractual liability insurattce.(subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provisions) contained in or executed in
J•t ADOffXWL WSUpEO EmDMEMENT
EXCESS LLABILITY
"@in MT440001 boa 103M 4
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than
thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, liom all claims, losses and liabilities arising out of
or incident to the perils insured against
in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
S. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and ant in conflict with this endorsement, nothing contained
herein sha11 be bold to waive, alar or amod any of the limit, agreements, or exclusions of the policy to
which this endorsement is attacbed.
. . .I
1:i :I,IDA I: „�a.j W.1 0 IF.144;lam 11
O Following Form
O Umbrella Liability
F
J4
"OW 10724Mi yr s IOM774
IR,MOF
LI RrUr C
ADW"" msUM EMOMEMEW
EXCEL LU►BUry
12. The following inclusions, exclusions, extensions or specific provisions relate to the
above coverages:
13. A O deductible or 0 self-insured retention (check one) of S applies
to all coverage(s) except:
(if none, so state). The deductible is applicable O per claim or 0 per oeeurrenee.(check one).
13. This is an a occurrence or 0 claims made policy (check one).
14. This endorsement is effective on at 12:01 A.M. and forms a part
of Policy Number
1, (print nam), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the company to this endorsement and that by my c mcudw harm f. I do so bind the Company.
Executed .19
Sip of Authorized Reptesentative
(Original slptamv only; no jbrsimile signature
or initfoW sfpwtt" occeptso
Phone No.:(
t.E ADDf WHAM WSURED ENWRSEt F.W
EXCESS LLOWTV
"dw 14 M40M I"d ISM?? •
I
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. 5
TO: Terrence L. Belanger, City Manager
MEETING DATE: January 16,1996 REPORT DATE: January 10, 1996
FROM: Bob Rose, Community Services Director
TITLE: Resolution No. 96 -XX of the City Council of the City of Diamond Bar Approving the revised Plans
and Specifications for Phase II A.D.A. Modifications at Maple Hill Park in the City of Diamond Bar and
Directing the City Clerk to Advertise to Receive Bids.
SUMMARY: At its meeting on January 9, 1996, the City Council rejected all bids submitted by contractors to
complete the construction of Phase II improvements at Maple Hill Park. Due to a change in existing conditions
at the park due to Phase I construction Change Order #2, the plans and specifications for Phase II improvements
have been revised and are now prepared to go out to bid.
RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 96 -XX approving
the revised plans and specifications for Phase II retro -fit of Maple Hill Park to meet the accessibility requirements
of the Americans with Disabilities Act of 1990 and direct the City Clerk to advertise to receive bids.
LIST OF ATTACHMENTS: X Staff Report _
Resolution(s) X
Ordinance(s) _
_ Agreement(s)
Public Hearing Notification
Bid Specifications (on file in City clerk's
Office)
Other:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
reviewed by the City Attorney?
—2L- Yes _ No
2. Does the report require a majority vote?
—2L- Yes _ No
3. Has environmental impact oeen assessed?
Yes No
4. Has the report been reviewed by a Commission?
X Yes _ No
What Commission?
Parks & Recreation Commission
5. Are other departments affected by the report?
Yes _ No
Report discussed with the following affected departments:
Community Development Department
REV WED Y:
Terrence L. Belan Frank M. Usher , Bob Rose
City Manager Assistant City Manager Community Services Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: January 16, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrance L. Belanger, City Manger
SUBJECT: Resolution No. 96 -XX of the City Council of the City of Diamond Bar Approving
the revised Plans and Specifications for Phase II A.D.A. Modifications at Maple Hill Park in the
City of Diamond Bar and Directing the City Clerk to Advertise to Receive Bids.
ISSUE STATEMENT:
Shall the City Council adopt Resolution No. 96 -XX approving the revised plans and specifications
for Phase II of the retro -fit of Maple Hill Park to meet the accessibility Requirements of the
Americans with Disabilities Act of 1990?
RECOMMENDED ACTION:
It is recommended that the City Council adopt Resolution No. 96 -XX approving the revised plans
and specifications for Phase II of the retro -fit of Maple Hill Park to meet the accessibility
requirements of the Americans with Disabilities Act of 1990 and direct the City Clerk to advertise
to receive bids.
FINANCIAL SUMMARY:
The Maple Hill Park A.D.A. retro -fit project is an approved C.I.P. Project in the 1995/96 fiscal
year budget. There are $149,175 in C.D.B.G. funds allocated for this project. The engineer's
estimate for the cost of the project is $61,500.
BACKGROUND:
At its meeting on January 9, 1996, the City Council rejected all bids submitted by contractors to
complete the construction of Phase II improvements at Maple Hill Park. Due to a change in
existing conditions at the park due to Phase I construction Change Order #2, the plans and
specifications for Phase II improvements have been revised and are now prepared to go out to bid.
DISCUSSION:
The retro -fit design of Maple Hill Park is in response to the Americans with Disabilities Act of
1990 (A.D.A.) that requires public parks to be accessible to the physically challenged. The items
in the park that are being constructed during Phase I include:
Council Report
Maple Hill Park
Phase H ADA Modifications
Meeting Date: January 16,1996
Page 2
DISCUSSION: (continued)
1. Restrooms, to make them fully equipped for handicapped use.
2. Proper signage for the entrance of the park
3. Accessible playground surfacing and play equipment for the disabled.
4. Improvement of access from the handicap parking stalls to compensate for the steep
cross -slope in the parking lot.
5. Change of grading in the restroom and playground area to remove the steep sloping of
the walkways.
Phase II of the project will include:
1. Reconfiguration of the walkway to the tennis courts to make the courts accessible.
2. Construction of a picnic shelter to provide accessible picnic tables and barbecues.
The estimated construction schedule for the completion of this project is:
January 16, 1996 - Approval of Plans and Specifications by the City Council
February 16, 1996
- Bid Due Date
March 5, 1996
- Award of Construction Contract to Contractor by the City Council
March 15,1996
- Execution of Contract
March 19,1996
- Pre -Construction Meeting
March 25, 1996
- Work Starts on Project
May 24, 1996
- Work Completed
PREPARED BY:
Bob Rose
Community Services Director
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE REVISED PLANS AND SPECIFICATIONS FOR
PICNIC/SHADE STRUCTURE A.D.A. MODIFICATIONS AT MAPLE HILL PARK IN
THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS.
"This is a Federally assisted construction contract and Federal labor standards, including
the Davis -Bacon. requirements, will be enforced. If Federal and State wage rates are
applicable, then the higher of the two will prevail. "
WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements
in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and specifications for the purchase
and installation of certain improvements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the revised plans and specifications presented to the City of Diamond Bar
be and are hereby approved as the plans and specifications for improvements at Maple Hill Park
in the City of Diamond Bar.
SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required
by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid
plans and specifications, which said advertisement shall be substantially in the following words
and figures, to wit:
Z1 10kno 1aM W.1 P 0111111 I) I's 013343 *-19
Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles
County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of
Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or
before the hour of 11:00 o'clock A.M. on Friday, February 16, 1996 sealed bids or proposals for
improvements at Maple Hill Park in said City.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100,
21660 E. Copley Drive, Diamond Bar, California.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar,
California, marked, "Bid for Maple Hill Park in the City of Diamond Bar".
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California
Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not
less than the general prevailing rate of per diem wages for work of a similar character in the
locality in which the public work is performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work. In that regard, the Director of the Department of
Industrial Relations of the State of California is required to and has determined such general
prevailing rates of per diem wages are on file in the office of the City Clerk of the City of
Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to
any interested party on request. The Contracting Agency also shall cause a copy of such
determinations to be posted at the job site.
Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of
Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed
for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than
the general prevailing rate of wages hereinbefore stipulated for any work done under the attached
contract, by him or by any subcontractor under him, in violation of the provisions of said Labor
Code.
In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter
971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
be used in the performance of the contract. The ratio of apprentices to journeymen in such cases
shall not be less than one. to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee has
exceeded an average of 15 percent in the 90 days prior to the request for certificate; or
B. When the number of apprentices in training in the area exceeds a ratio of one to five; or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally; or
D. When the Contractor provides evidence that he employs registered apprentices on all of
his contracts on an annual average of not less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship programs if he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other Contractors on the public works site are making
such contributions.
City of Diamond Bar
Page 2
Picnic/Shade Stmctnre and A.D.A. Modifications
Maple Hill Park
The Contractor and subcontractor under him shall comply with the requirements of Sections
1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standard, wage schedules, and other requirements may
be obtained from the Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
Eight (8) hours of labor shall constitute a legal days work for all workmen employed in the
execution of the contract and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours as set
forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00)
for each laborer, workman, or mechanic employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day
during which said laborer, workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute the
work required by this Contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's
bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10 %) of the
amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same
is awarded to him, and in event of failure to enter into such contract said cash, cashiers check, or
certified check, or bond shall become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the
lowest bidder security shall be applied by the City of Diamond Bar to the difference between the
low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of the contract for said
work shall be one hundred percent (100%) of the contract price thereof, and an additional bond
in an amount equal to one hundred percent (100%) of the contract price for said work shall be
given to secure the payment of claims for any materials or supplies furnished for the performance
of the work contracted to be done by the Contractor, or any work or labor of any kind done
thereon, and the Contractor will also be required to furnish a certificate that he carries
compensation insurance covering his employees upon work to be done under contract which may
be entered into between him and the said City of Diamond Bar for the construction of said work.
City of Diamond Bar
Page 3
Picnic/Shade Structure and A.D.A. Modifications
Maple Hill Park
No proposal will be considered from a Contractor who is not licensed at the time of award in
accordance with the provisions of the contractor's License Law (California Business and
Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to
whom a proposal form has not been issued by the City of Diamond Bar.
The work is to be done in accordance with the profiles, plans, and specifications of the City
of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon application to the City of Diamond
Bar and payment of $25.00, said $25.00 is non-refundable.
Upon written request by the bidder, copies of the plans and specifications will be mailed when
said request is accompanied by payment stipulated above, together with an additional
non -reimbursable payment of $10.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract satisfactory to the City of
Diamond Bar.
In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in
the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
Engineer's Estimate: $61,500
Contractors License Requirement: A license (General Engineering)
The City of Diamond Bar, California, reserves the right to reject any and all bids.
By order of the City Council of the City of Diamond Bar, California.
Dated this day of 1996.
PASSED, APPROVED AND ADOPTED this day of , 1996.
ATTEST:
CITY CLERK
City of Diamond Bar
Page 4
MAYOR
Picnic/Shade Structure and A.D.A. Modifications
Maple Hill Park
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council
of the City of Diamond Bar held on the day of , 1996 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
LYNDA BURGESS, City Clerk
City of Diamond Bar
City of Diamond Bar
Page 5
Picnic/Shade Structure and A.D.A. Modifications
Maple Hill Park
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: January 16, 1996 REPORT DATE: January 9, 1996
FROM: Bob Rose, Community Services Director
TITLE: Award of Contract for Inspection Services for Phase II of Maple Hill Park ADA Retro -fit Project.
SUMMARY: In order to be assured of a properly built construction project, it is necessary to employ the
services of an inspector. D & J Engineering has been providing quality construction inspection services at
competitive rates in Diamond Bar as the City's consultant since January, 1994. Phase II of the Maple Hill Park
project includes a handicap accessible ramp up a slope to the tennis courts and the construction of a picnic shelter.
Construction will begin in late March, 1996 and will be completed within 60 days, weather permitting.
RECOMMENDED ACTION: It is recommended that the City Council authorize the Mayor to enter into a
professional services agreement with D & J Engineering, the City's current Building and Safety inspector, for
inspection services for Phase II of Maple Hill Park ADA Retro -fit Project, in an amount not to exceed $4,250.00.
LIST OF ATTACHMENTS: -X_ Staff Report _ Public Hearing Notification
X Agreement _ Bid Specifications
Ordinance(s) _2L Other: Proposal
EXTERNAL DISTRIBUTION: D & J ENGINEERING
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
reviewed by the City Attorney? X Yes _ No
2. Does the report require a majority vote? Yes _ No
3. Has environmental impact been assessed? _ Yes --X- No
4. Has the report been reviewed by a Commission? _ Yes -.2L No
What Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments: Community Development Department
REVIEWED BY:
IZ:h
Terrence Belanger Frank Usher Bob Rose
City Manager Assistant City Manager Community Services Director
CITY UMNUM IlEro T
AGENDA NO.
MEETING DATE: January 16, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrance L. Belanger, City Manger
SUBJECT: Award of Contract for Inspection Services for Phase II of Maple Hill Park ADA
Retro -fit Project.
ISSUE STATEMENT:
Shall the City secure the services of an inspector for the construction of Phase II of the Maple Hill
Park ADA Retro -fit project.
RECOMMENDED ACTION:
It is recommended that the City Council authorize the Mayor to enter into a professional services
agreement with D & J Engineering, the City's current Building and Safety inspector, for
inspection services for Phase II of Maple Hill Park ADA Retro -fit Project, in an amount not to
exceed $4,250.00.
FINANCIAL SUMMARY:
Inspection services for Phase II Maple Hill Park ADA Retro -fit Project is budgeted in the 1995/96
Fiscal Year Community Development Block Grant program.
BACKGROUND:
D & J Engineering began providing Building and Safety services to the City of Diamond Bar in
January, 1994. D & J Engineering was selected to provide these services to the City after a
competitive RFP process in which 10 other firms were considered. One of the Building and
Safety services provided to the community by D & J Engineering is inspection of construction
projects. In order to be assured of a properly constructed project at Maple Hill Park, Phase II,
the services of an inspector are required.
DISCUSSION:
Phase II of the construction of Maple Hill Park ADA Retro -fit improvements includes a handicap
accessible ramp up the slope to the tennis courts and a picnic shelter. Construction is scheduled
to begin in late March, 1996 and will be completed within 60 calendar days, weather permitting.
PREPARED BY:
Bob Rose
Community Services Director
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. Z
TO: Terrence L. Belanger, City Manager
MEETING DATE: January 16, 1996 REPORT DATE: January 11, 1996
FROM: Bob Rose, Community Services Director
TITLE: Approval of Contract Amendment to add new location to Weed Control/Sidewalk and Parkway
Maintenance Contract.
SUMMARY: The City Council has a contract with Landscape West, Inc. to provide weed control along
parkways and to clean sidewalks located in the public right-of-way in Diamond Bar. Due to requests from the
community, staff desires to add an undeveloped parkway area that is located west of Calbourne to the City limits
and east of Calbourne to the first residential lot on the north side of Walnut/Flintgate to the contract as an
amendment. The area will require an initial clean-up by hand crews at a cost of $320. The area will then be
maintained on a monthly basis by chemical application and hand work at a cost of $84 per month. There are
funds currently available in the vegetation control account of the 1995/96 Fiscal Year budget to complete this
work for the remainder of the fiscal year.
RECOMMENDED ACTION: It is recommended that the City Council approve the contract amendment for
the Weed Control / Sidewalk and Parkway Maintenance contract and authorize the City Manager to sign the
purchase order, for an amount not to exceed $824.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Agreement _ Bid Specifications
Ordinance(s) Other: Contract Amendment
Map of Area
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
reviewed by the City Attorney? N/A _ Yes _ No
2. Does the report require a majority vote? X Yes _ No
3. Has environmental impact been assessed? _ Yes No
4. Has the report been reviewed by a Commission? _ Yes _2L No
What Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments: Public Works
REVIEWS BY:
rl U. jwavi —
Teri nce L. Belan Frank M. slier
City Manager Assistant City Manager
Community Services Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: January 16, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manger
SUBJECT: Approval of Contract Amendment for Weed Control / Sidewalk and Parkway
Maintenance Contract.
ISSUE STATEMENT:
Shall the City add the maintenance of the public right-of-way that is located west of Calbourne
to the City limits and east of Calbourne to the first residential lot on the north side of
Walnut/Flintgate to Landscape West, Inc's contract as a contract amendment.
RECOMMENDED ACTION:
It is recommended that the City Council approve the contract amendment for the Weed Control
/ Sidewalk and Parkway Maintenance contract and authorize the City Manager to sign the
purchase order, for an amount not to exceed $824.
FINANCIAL SUMMARY:
The contract for Weed Control / Sidewalk and Parkway Maintenance is funded by the General
Fund. The current contract for the 1995/96 Fiscal Year is for a total of $54,742. This contract
amendment totals a maximum of $824 for the current fiscal year. The current contract plus the
contract amendment totals $55,566. There are $56,000 budgeted in the 1995/96 Fiscal Year
budget for this contract.
BACKGROUND:
On September 21, 1993, the City Council awarded a contract to Landscape West, Inc. in the
amount of $54,742, for City-wide weed control / sidewalk and parkway maintenance in Diamond
Bar. The City Council has extended this contract through June 30, 1996. Staff desires to add a
new area to be maintained by this contractor, in response to complaints by residents in the area
that is located west of Calbourne to the City limits and east on Calbourne to the first residential
lot on the north side of Walnut/Flintgate. The area is in the City of Diamond Bar's public right-
of-way and the characteristics are similar to many other areas in Diamond Bar that are maintained
under this contract. Staff believes that it will be a benefit to the community to properly maintain
this portion of public right-of-way.
DISCUSSION:
The area under consideration that is described in the contract amendment will require an initial
Council Report
Weed Control/Parkway Maintenance
- Contract Amendment
Meeting Date: January 16,1996
Page 2
DISCUSSION: (continued)
clean-up by hand crews and will then be maintained by a combination of hand work and chemical
application. The initial clean-up will be completed at a one-time cost of $320. The area will then
be maintained on a monthly basis at a cost of $84 per month ($1,008 per year). With six months
remaining in this fiscal year, the maximum cost will be $824 ($84 x 6 months = $504 + $320
_ $824).
PREPARED BY:
Bob Rose
Community Services Director
City of Diamond Bar
21660 E. Copley Drive, Ste 100
Diamond Bar, CA 91765
CONTRACT AMENDMENT
THIS CHANGE ORDER IS APPLICABLE TO:
PROJECT NO.
PROJECT TITLE Weed Control & Parkway Maintenance
CONTRACTOR
Landscape West, INc.
1705 S. Clauxli_na Way
Anaheim, CA 92805
NOTICE TO PROCEED
TOTAL OF CONTRACT PRIOR TO
SCHEDULED COMPLETION DATE THIS CHANGE ORDER $ 54,742.
CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES:
Additional Maintenance Responsibilities:
Weed Control / Sidewalk & Parkway Maintenance of area on the North side of
Walnut, West of Calbourne to the City Limits and east of Calbourne to the
first residential lot.
Increase of $84. per month beginning January 1, 1996 through June 30, 1996.
The area will require an initial clean-up by hand crews at a cost of $320.
THE AMOUNT OF THE CONTRACT WILL BE INCREASED BY THE SUM OF $824.00
THE CONTRACT PERIOD WILL BE CONTRACT TOTAL INCLUDING
/UNCHANGED n/a DAYS THIS CHANGE ORDER $55, 566.00
REVIEWED BY INITIALS DATE APPROVED BY DATE
PROJECT COORDINATOR
CONTRACTOR
PROJECT MANAGER
CITY MANAGER
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177
(909) 860.2489 • Fax (909) 861-3117
April 10, 1995
Barry Konier, President
Landscape West, Inc.
1705 S. Claudina Way
Anaheim, CA 92805
RE: WEED CONTROUSIDEWALK AND PARKWAY MAINTENANCE
CONTRACT
Dear Mr. Konier:
Per our recent telephone conversation, the City of Diamond Bar is interested
in extending the Weed Control/Sidewalk and Parkway Maintenance Contract
with Landscape West, Inc. from July 1, 1995 through June 30, 1996. The
contract will remain the same as the 1993/94 and 1994/95 fiscal years,
$54,742.
Upon approval of this contract extension by the Diamond Bar City Council,
Phyllis E. Papen a purchase order in the amount not to exceed $54,742 will be processed and
Mayor
.forwarded to you.
Gary H. Werner
Mayor Pro Tem Sincerely,
Eileen R. Ansari
Council Member
Clair W. Harmony Bob Rose, Director
Council Member Community Services Department
Gary G. Miller By signing below, the parties agree to the above terms.
Council Member
Ma or Date President Date
City of Diamond Bar Landscape West Inc.
Attest: Approved as to Form:
s s
1
City Clerk Date City Attorney Date
Recycled paper
ti
X
m
pr
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following agreement
is made and entered into, in duplicate, as of the date executed by
the City Clerk and the Mayor, by and between
LANDSCAPE WEST, INC.
hereinafter referred to as the "CONTRACTOR" and the City of Diamond
Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals,
bids were received, publicly opened and declared on the date
specified in said notice; and
WHEREAS, City did accept the bid of Contractor
LANDSCAPE WEST, INC. and;
WHEREAS, City has authorized the City Clerk and Mayor to enter
into a written contract with Contractor for furnishing labor,
equipment and material for Weed Control/Sidewalk and Parkway
Maintenance in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: The work to be done under this
Agreement shall include the furnishing of all labor, material and
equipment necessary for the provision of maintenance services as
set forth in .the specifications for Weed Control/ Sidewalk and
Parkway Maintenance in the City of Diamond Bar.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY•
The aforesaid specifications are incorporated herein by reference
thereto and made. a part hereof with like force and effect as if all
of said documents were set forth in full herein. Said documents,
the Resolution Inviting Bids attached hereto, together with this
written agreement, shall constitute the contract between the
parties. This contract is intended to require a complete and
finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental
regulations shall be performed by the contractor whether set out
specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this
written agreement, the provisions of this written agreement shall
control.
L _y_ 1 W-W-KNi
a. The undersigned bidder agrees to execute the
contract within ten (10) calendar days from the
date of notice of award of contract. This
agreement shall take effect and commence on October
1. 1993 for a period of twelve (12) months.
b. The City shall have the option to extend this
agreement up to five (5) additional one (1) year
periods, subject to the same terms and conditions
contained herein, by giving the contractor written
notice of exercise of this option to renew at least
thirty (30) days prior to the expiration of the
initial term of this Agreement, or of any
additional one (1) year extensions.
4. INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all insurance required
hereunder in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The contractor shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Compensation Insurance: Before beginning work, the
Contractor shall furnish to the City a certificate
of insurance as proof that he has taken out full
compensation insurance for all persons whom he may
employ directly or through subcontractors in
carrying out the work specified herein, in accord-
ance with the laws of the State of California.
Such insurance shall be maintained in full force
and effect during the period covered by this
contract.
In accordance with the provisions of Section 3700
of the California Labor Code, every contractor
shall secure the payment of compensation to his
employees. Contractor, prior to commencing work,
shall sign and file with the City a certification
as follows:
"I am aware of the provisions of Section 3700 of
the Labor Code which require every employer to be
insured against liability for workers' compensation
or to undertake self insurance in accordance wit
the provisions of that Code, and I will comply with
such provisions before commencing the performance
of work of this contract."
b. For all operations of the Contractor or any sub-
contractor in performing the work provided for
herein, insurance with the following minimum limits
and coverage:
1) Public Liability - Bodily Injury (not auto)
$500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto)
$250,000 each person; $500,000 aggregate.
3) Contractor's Protective - Bodily Injury
$500,000 each person; $1,000,000 each
accident.
4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each
person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in
paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do
business in the State of California.
2) Name as additional insured the City of Diamond
Bar, its officers, agents and employees, and
any other parties specified in the bid
documents to be so included;
3) Specify it acts as primary insurance and that
no insurance held or owned by the designated
additional insured shall be called upon to
cover a loss under said policy;
4) Contain a clause substantially in the
following words:
"It is hereby understood and agreed that this
policy may not be canceled nor the amount of
the coverage thereof reduced until thirty (30)
days after receipt by City of a written notice
of such cancellation or reduction of coverage
as evidenced by receipt of a registered
letter."
5) Otherwise be in a form satisfactory to the
City.
2
d. The policy of insurance provided for in
subparagraph a. shall contain an endorsement which:
1) Waives all right of subrogation against all
persons and entities specified in subparagraph
4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided
for in paragraph b. by reason of any claim
arising out of or connected with the
operations of Contractor or any subcontractor
in performing the work provided for herein;
2) Provides it shall not be canceled or altered
without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall, at the time of the execution
of the contract, present the original policies of
insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company,
showing the issuance of such insurance, and the
additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public
works is performed, and not less .than the general prevailing rate
of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the State
of California is required to and has determined such general
prevailing rates of per diem wages. Copies of such prevailing
rates of per diem wages are on file in the Office of the City Clerk
of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive,
Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to
be posted at the job site.
The Contractor shall forfeit, as penalty to City,. not
more than fifty dollars ($50.00) for each laborer, workman or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general pre-
vailing rate of wages hereinbefore stipulated for any work done
under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the
provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statutes of 1939, and in accordance with the
regulations of the California Apprenticeship Council, properly
indentured apprentices may be employed in the prosecution of the
work.
Attention is directed to the provisions in Section 1777.5
of the Labor Code concerning the employment of apprentices by the
Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
a. When unemployment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
b. When the number of apprentices in training in the
area exceeds.a ratio of one to five, or
C. when the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
d. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
. The Contractor is required to make contribution to funds
established for the administrative of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the Contractor and any sub-
contractor. under him shall comply with and be governed by the laws
of the State of California having to do with working hours set
forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to City,
twenty-five dollars ($25.00) for each laborer, workman or mechanic
employed in the execution of the contract, by him or any sub-
contractor under him, upon any of the work hereinbefore mentioned,
for each calendar day during which said laborer, workman or
mechanic is required or permitted to labor more than eight (8)
hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its
officers, agents and employees shall not be answerable or account-
able in any manner for any loss or damage that may happen to the
work or any part thereof, or for any of the materials or other
things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen employees of the
contractor, of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The
Contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from
any cause whatsoever, except the sole negligence or willful mis-
conduct of City, its employees, servants or independent contrac-
tors who are directly responsible to City during the progress of
the work or at any time before its completion and final acceptance.
The Contractor will indemnify City against and will hold
and save City harmless from any and all actions, claims, damages to
persons or property, penalties, obligations or liabilities that may
be asserted or claimed by any person, firm, entity, corporation,
political subdivision, or other organization arising out of or in
connection with the work, operation, or activities of the
Contractor, his agents, employees, subcontractors or invitees pro-
vided for herein, whether or not there is concurrent passive or
active negligence on the part of City, but excluding such actions,
claims, damages to persons or property, penalties, obligations, or
liabilities arising from the sole negligence or willful misconduct
of City, its employees, servants or independent contractors who are
directly responsible to City, and in connection therewith:
a. The Contractor will defend any action or actions
filed in connection with any of said claims,
damages, penalties, obligations or liabilities and
will pay all costs and expenses, including
attorneys' fees incurred in connection therewith.
b The Contractor will promptly pay any judgment
rendered against the Contractor or City covering
such claims, damages, penalties, obligations and
liabilities arising out of or in connection with
such work, operations or activities of the
Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
I
C. In the event City, without fault, is made a party
to any action or proceeding filed or prosecuted
against the Contractor for damages or other claims
arising out of or in connection with the work,
operation or activities of the Contractor
hereunder, the Contractor agrees to pay to City and
any all costs and expenses incurred by City in such
action or proceeding together with reasonable
attorneys' fees.
So much of the money due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may
be retained by City until disposition has been made of such actions
or claims for damages as aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made in
the employment of persons upon public works because of the race,
color or religion of such persons, and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Division 2, Part 7, Chapter 1 of the
Labor Code in accordance with the provisions of Section 1735 of
said Code.
11. CONTRACT PRICE AND PAYMENT: Except where additional
compensation is specifically provided for in this Agreement, City
will pay contractor for his services under this Agreement set forth
in Bid Sheet, one month in arrears, on the last day of the month,
or as soon thereafter as payment is approved by the City Council.
Conract Price: S 54.742.
In the event the City exercises its option to extend the
term of this Agreement as provided in paragraph 3.b., Contractor's
monthly compensation shall be subject to adjustment at the
commencement of the extended term and annually thereafter .("the
adjustment date") as follows:
The compensation provided herein shall be adjusted to
reflect the increase, if any, in the cost of living during the
previous year. This will be accomplished by multiplying the
current level of the contractor's compensation by the percentage of
increase in the Consumer Price Index ("CPI") for the month
immediately preceding the Adjustment Date (the "Index Month") over
the CPI for the month one year prior to the Index Month. The 11CPI11
index that will be used for this calculation is identified as the
Los Angeles -Anaheim -Riverside Metropolitan area Index as reported
by the Bureau of Labor Statistics of the United States Department
of Labor. If the Index is discontinued, the Director's office
shall, at its discretion, substitute for the Index such other
similar index as it may deem appropriate.
12. ATTORNEY'S FEES: In the event that any action or
proceeding is brought by either party to enforce any term or
provision of the Agreement, the prevailing party shall recover its
reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This Agreement may be terminated by the
City upon, the giving of a written "Notice of Termination" to
Contractor at least thirty (30) days prior to the date of
termination specified in said notice. In the event of such
termination, Contractor shall only be paid for services rendered
and expenses necessarily incurred prior to the effective date of
termination.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No. 417109
September 14, 1993
Date
APPROVED TO ORM:
By:
Date
1705 S. Claudina Way
Anaheim, CA 92805
By:
B T1�� L. Ko�President
Y
Title
CITY OF pIAMOND BAR./�FORNIA
By:
By
C
Contractor's Business Phone: (714)991-1705
Emergency Phone at which
Contractor May be reached at any time: (714)991-1705
RESOLUTION NO.
RESOLUTION REAFFIRMING AND SUPPORTING
THE CITY OF DIAMOND BAR GENERAL PLAN
WHEREAS, the City of Diamond Bar appointed the General Plan Advisory Committee (GPAC)
to prepare a General Plan, with assistance of City staff and consultants; and
WHEREAS, the GPAC held 15 public meetings, the purpose of which were to discuss and
prepare a draft General Plan; and
WHEREAS, the GPAC presented a draft General Plan to the Planning Commission for its review,
modification, and recommendation; and
WHEREAS, the Planning Commission conducted 14 public meetings, the purpose of which were
to receive public comments, make changes where appropriate to the draft General Plan; and
WHEREAS, the Planning Commission recommended a draft General Plan to the City Council and
transmitted that General Plan to the City Council on October 14, 1994; and
WHEREAS, the City Council conducted 17 public meetings at which public comments were
received, modifications were made to the draft General Plan that had been proposed by GPAC
and modified by the Planning Commission; and
WHEREAS, after extensive public participation, the City council adopted the City of Diamond
Bar's General Plan on July 25, 1995; and
WHEREAS, the Diamond Bar General Plan evolved through 46 public meetings over a 18 -month
period of time through work of GPAC, the Planning Commission, the City Council, and countless
community members adopted a General Plan that provides fairness and equity to both property
owners and residents within the City and which allow for a balance of growth and preservation.
THEREFORE, NOW, BE IT RESOLVED, that the City of Diamond Bar City Council hereby
reaffirms and supports the Diamond Bar General Plan and encourages each and every resident of
the community to become familiar with the contents of the General Plan to satisfy themselves of
the General Plan's benefits and opportunities as we work together in making Diamond Bar the
community we desire it to be.
PASSED, APPROVED AND ADOPTED THIS th day of
Eileen R. Ansari, Mayor
1996.
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the City
of Diamond Bar held on the th day of
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
1996, by the following vote:
Lynda Burgess, City Clerk
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. '�, L
TO: Honorable Mayor and Members of the City Council
\IEETING DATE: August 1-5, 1995, REPORT DATE: August 9, 1995
FROM: Terrence L. Belanger, City Manage K4
TITLE: ACTIVATION OF A REDEVELOPMENT AGENCY
ISSUE: Should the City Council of the City of Diamond Bar activate a Redevelopment Agency in the
City?
BACKGROUND: The California Health and Safety Code (Section 33000, et. seq.) provides for the existence,
activation and operation of redevelopment agencies in cities and counties.
"There is in each community a public body, corporate and politic, known as the
redevelopment agency of the community" (§33100).
A Redevelopment Agency is activated through adoption of an ordinance by the Legislative
Body, the City Council, "...declaring that there is a need for an Agency to function ..."
(§33101). Inactivating an Agency, the Legislative Body may appoint a Board of Directors
consisting of five or seven persons. Alternatively, the Legislative Body may".. . declare
itself to be the Agency ... " (§33200). This is the most common form of Redevelopment
Agency in California, particularly in cities of medium and small size. If this form is used, and
if a member of the Legislative Body does not wish to serve on the Agency, a replacement,
who is an elector of the City, may be appointed (§33200).
The Diamond Bar General. Plan, in its Public Services and Facilities Element, states the goal
to "provide adequate infrastructure facilities and public services to support development and
planned growth" (Goal 1). It provides an objective to "establish and implement solutions to
the financing of public facilities and services which best protect the interests of the taxpayer"
(Objective 1.2). It calls for a strategy to investigate, and if feasible, initiate the establishment
of a Redevelopment Agency in the City of Diamond Bar to facilitate the mitigation of traffic
and circulation deficiencies, the financing of public improvements and other similar tasks"
(Strategy 1.2.2).
At this point, without the adoption of a redevelopment plan and project area, any Agency
operations would necessarily be funded through a loan agreement between the City and the
Agency. The ability of the Agency to repay any loans would be dependent upon the future
adoption of a redevelopment plan and generation of positive tax increment flow.
The immediate purposes of a Redevelopment Agency could include the designation of
survey areas for project study purposes (§33310, §33311). The purpose of such survey areas
is to determine the feasibility of a redevelopment project or projects. Another purpose of a
Redevelopment Agency could be to act as an agent for the City in providing economic
development assistance in Diamond Bar. Generally, this type of assistance needs to be
determined to be of benefit to an adopted redevelopment project area.
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manger
RE: Establishment of a Redevelopment Agency
DATE: January 9, 1996
ISSUE:
Shall the City of Diamond Bar establish a redevelopment agency?
RECOMMENDATION:
It is recommended that the City Council take the following actions related to the
establishment of a redevelopment agency:
Adopt an ordinance which declares the need for a redevlopment agency, activates
the redevelopment agency and designates the City Council as the Diamond
Bar Redevelopment Agency Board of Directors (a Chair Person and Vice Chair
Person would need to be determined). The ordinance is entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DECLARING A NEED FOR A REDEVELOPMENT AGENCY TO
FUNCTION IN THE CITY OF DIAMOND BAR".
2. Designate the City Manager as the redevelopment agency Executive Director and
the City Attorney as the redevelopment agency General Counsel.
Direct staff to prepare an agreement between the City of Diamond Bar and the
Diamond Bar Redevelopment Agency, which purpose would be to advance (loan)
funds to the Agency to have a comprehensive feasibility study completed (the
monies advanced by the City would be repaid by the Agency, if project areas were
established and tax increment monies were generated).
By separate cover, we are providing to the Council a copy of the Citizen Guide to
Redevelopment. This is a comprehensive overview of the purpose of redevelopment and its
process. It is prepared by the California Redevelopment Association and has been revised
since the significant changes in the California Redevelopment Law made by A.B. 1290 in the
1993-1994 legislative session.
OPPORTUNITIES: Activation of a Redevelopment Agency would be a first step in the serious examination of
areas of the City which could benefit from the exercise of redevelopment authority. It would
enable us to study areas of the City which may be appropriate for inclusion in a
redevelopment project area. If a redevelopment project area is adopted, it would provide the
authority for land assemblage and future financial assistance in efforts to enhance economic
growth.
RISKS: The greatest risk in activation of an Agency is the creation of unrealistic expectations.
Activation of an Agency does not create a new revenue source. New revenue, (tax
increment) is only derived, after the adoption of a project area, from the growth of property
taxes caused by growth in the project area resulting in an increase in property valuation.
Without some very significant new development, this is not a rapid process. As is the usual
case, initial funding of a Redevelopment Agency would have to be through loans from the
City to the Agency, to be repaid from any tax increment generated in future years. Such tax
increment would necessarily be predicated upon the adoption of a redevelopment plan and
project area, and the growth of property valuation in the project area.
PREPARED BY: Frank M. Usher
Assistant City Manager
Agenda Item No. 10.3
"Citizen Guide to Redevelopment"
was previously provided.
AGENDA ITEM NO. 9.3
DOCUMENTATION AVAILABLE
CITY OF DIAMOND BAR
AnrMnA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: January 16, 1996 REPORT DATE: January 12, 1996
FROM: Troy L. Butzlaff, Assistant to the City Manager
TITLE: Proposed Changes to the City's Solid Waste Collection, Disposal and Recycling
System
SUMMARY: Since 1991, the collection and disposal of solid waste, recyclables, and compostable
materials has been regulated through a modified permit system. This system, which is structured like a
business licensing system, requires any solid waste contractor wishing to provide solid waste collection
and disposal services within the City's jurisdictional boundaries to first obtain a permit from the City
Council authorizing them to provide such services. In order to eliminate the redundancy that exists
between the City's enabling legislation and to establish a more uniform standard for the collection and
disposal of solid waste, recyclables, and compostable materials staff is recommending the adoption of
the proposed Ordinance.
RECOMMENDATION: It is recommended that the City Council approve by title only and waive full
reading Ordinance XX (1996)repealing Ordinance 02 (1990) and Ordinance 02A (1990) as heretofore
adopted and revising Chapter 8.16 Title 8 of the Diamond Bar Municipal Code adopting requirements
and standards relating to the collection, recycling, transportation, and disposal of solid waste, recyclable
and compostable materials.
LIST OF ATTACHMENTS: X_Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
XOrdinances(s) Edition
_ Agreement(s)
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? N/A
_ Yes No
4.
Has the report been reviewed by a Commission?
_ Yes X No
Which Commission?
5.
Are other department y affected by the report?
_ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belang r
City Manager
Frank N(. Usher' Troy I utzlafi--� V J
Assistant City Manager Assists to the City M nager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: January 16, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Proposed Changes to the City's Solid Waste Collection,
Disposal and Recycling System
ISSUE STATEMENT:
Since 1991, the collection and disposal of solid waste, recyclables, and
compostable materials has been regulated through a modified permit system.
This system, which is structured like a business licensing system, requires
any solid waste contractor wishing to provide solid waste collection and
disposal services within the City's jurisdictional boundaries to first obtain
a permit from the City Council authorizing them to provide such services. In
order to eliminate the redundancy that exists between the City's enabling
legislation and to establish a more uniform standard for the collection and
disposal of solid waste, recyclables, and compostable materials staff is
recommending the adoption of the proposed Ordinance.
RECOMMENDATION:
It is recommended that the City Council approve by title only and waive full
reading Ordinance XX (1996)repealing Ordinance 02 (1990) and Ordinance 02A
(1990) as heretofore adopted and revising Chapter 8.16 Title 8 of the Diamond
Bar Municipal Code adopting requirements and standards relating to the
collection, recycling, transportation, and disposal of solid waste,
recyclable and compostable materials.
BACKGROUND:
Historically, local government has been given broad authority, under state
law, to regulate, whether by ordinance or resolution, all aspects of solid
waste collection and disposal. While the primary authority to regulate the
collection and disposal of solid waste is derived from a city's general
police powers, Section 40059 (a) (1) of the California Public Resources Code
specifically states that the City Council has the authority to determine
"aspects of solid waste handling which are of local concern, including but
not limited to, the frequency of collection, the means of collection and
transportation, level of services, charges and fees, nature, location, and
extent of providing solid waste handling services. Furthermore, the City
Council can determine whether these services are to be provided by means of
nonexclusive franchise, contract, license, permit, or otherwise, either with
or without competitive bidding, or if, in the opinion of the City Council,
the public health, safety, and well-being so require, by partially exclusive
or wholly exclusive franchise, contract, license, permit, or otherwise.
In 1990, the City Council adopted Ordinance 02 (1990) which repealed in its
entirety, Chapter 20.72 of Title 20 of the Los Angeles County Code and
established requirements and standards relating to garbage and refuse
collection in the City.
Although the possibility of establishing an exclusive waste collection and
disposal franchise has been considered in the past, the City Council has
determined that the issuance of multiple permits to qualified solid waste
collectors, through the creation of a modified permit system, is in the best
interest of the community because it promotes competition amongst companies
and grants residents and businesses the right to select the company of their
choice. Thus, in 1990, the City Council adopted Resolution 90-95A
establishing a permit system for the collection and disposal of solid waste.
DISCUSSION:
Last year, the City Council adopted Ordinance 02A (1990) which significantly
modified the provisions of the original enabling legislation (i.e., Ordinance
02) by including language that is more reflective of the changes that have
occurred in solid waste management as a result of the California Integrated
Waste Management Act of 1989 (AB 939). In addition to revising the enabling
ordinance, the City Council approved a number of sweeping changes to the
City's permit system through the adoption of Resolution 91-95B.
Over the past several months, staff has met with representatives from the two
permitted waste companies servicing the City to discuss aspects of the City's
permit system including their concerns and recommendations on how to improve
the existing system. In response to those concerns, staff has thoroughly
reviewed the existing requirements and standards for solid waste collection
services and has prepared new ordinance. A marked -up version of this
ordinance showing the proposed modifications and/or deletions has been
attached for the Council's use and information.
The proposed ordinance would eliminate the redundancy that exists between the
enabling ordinance and Resolution 90-95B which establishes the City's permit
requirements. In addition, several sections of the proposed ordinance have
been revised in response to concerns raised by the City's permitted waste
2
haulers. Specifically, the following changes are being suggested to address
those concerns:
• Extend the period of time that recyclable materials can be stored from
one to two weeks (Section 18.16.150 [B]).
• Eliminate the provision requiring fingerprinting of the permittee's
employees (Section 8.16.220 [A]).
• Eliminate the provision requiring an irrevocable cash deposit of
$20,000.00 (Section 8.16.430 [D]).
• Modify the requirement for no -charge collection services by removing
the listing of certain public entities (Section 8.16.450 [G]).
In addition to the suggested revisions noted above, staff has modified the
standards and requirements for solid waste collection and disposal to clarify
the legislative intent and to insure conformance with the type of solid waste
system that has been established. In turn, staff feels that these
modifications will simplify the City's collection and disposal requirements
and eliminate the need for separate legislation establishing a permit system.
By completely integrating the City's permit system into the proposed
ordinance, the City will significantly streamline the existing permit system.
This will enable the City to more effectively enforce its standards and
requirements for the collection and disposal of solid waste and recyclable
materials. Finally, in response to the concerns raised by the permitted
haulers, the proposed ordinance contains many changes that will eliminate
certain requirements which have been deemed onerous and costly.
PREPARED BY:
U
1_� 1�9
Troy Butzlaff
Assistant to the City Jager
Attachment
3
IM indicates the addition of new language
Strikeeet indicates the deletion of existing language
ORDINANCE NO. XX (1996)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR REPEALING ORDINANCE 02 (1990) AND ORDINANCE 02A
(1990) AS HERETOFORE ADOPTED AND REVISING CHAPTER 8.16
TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING
REQUIREMENTS AND STANDARDS RELATING TO THE COLLEC-
TION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID
WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1: Ordinance 02 (1990) and Ordinance 02A (1990) as heretofore adopted by
this City Council are hereby repealed, in their entirety, provided that said repeal shall not apply
to or excuse any violation thereof occurring prior to the effective date of this Ordinance.
SECTION 2: Chapter 8.16 of Title 8 of the Diamond Bar Municipal Code is hereby
revised to read, in words and figures, as follows:
"Chapter 8.16
Solid Waste, Recyclable, Compostable Materials Collection
Section 8.16.010
Section 8.16.020
Section 8.16.030
Section 8.16.040
Section 8.16.050
Section 8.16.060
Section 8.16.070
Section 8.16.080
Section 8.16.090
Section 8.16. 100
Section 8.16.110
Section 8.16.120
Section 8.16.130
Section 8.16.140
DIVISION 1. GENERALLY
Legislative Policy.
Definitions.
Unlawful Collection.
Collection in Emergencies.
Hours of Collection.
Refuse Collection --Spillage.
Residential Refuse Containers.
Commercial Refuse Bins.
Placement of Containers for Collection.
Time and Date of Placement of Containers.
Refuse Removal.
Refuse Disposal.
Special Provisions Regarding Method of Disposal.
Burning, Burial or Dumping.
DRAFT COPY- FOR REVIEW ONLY
Section 8.16.150
Section 8.16.160
Section 8.16.170
Section 8.16.180
Section 8.16.190
Section 8.16.200
Section 8.16.210
Section 8.16.220
Section 8.16.230
Section 8.16.240
Section 8.16.250
Section 8.16.260
Section 8.16.270
Duration of Storage.
Use of Trucks.
No Parking of Refuse Trucks on any Public Highway.
Trucks --Equipment Required.
Specifications and Restrictions on Collection Trucks.
Truck Inspection.
Permittee's Local Telephone Number.
Permittee's Employees.
Charges for Service.
Right of Chapter Modification.
Right to Grant Franchise.
Penalty for Violation of Chapter.
Civil Remedies Available.
DIVISION 2. PERMITS
Section 8.16.410 Authority of City Council to Issue Permits.
Section 8.16.420 Permits for Refuse Collection and Establishment of
Collection Fees.
Section 8.16.430 Permit for Removal of Refuse --Prerequisites.
Section 8.16.440 Permit Provisions.
DIVISION 1. GENERALLY
"Section 8.16.010. 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 Chapter are designed to eliminate or
alleviate such problems.
P
"Section 8.16.020. Definitions. For the purpose of this Chapter, 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:
AB 939' means the California Integrated Waste Management Act of 1989, as it
may be amended from time to time, and as implemented by the regulations of the
California Integrated Waste Management Board.
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 Chapter 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 Chapter, shall be those which the City Council may from time
to time hereafter approve by resolution.
'Animal Waste' means manure, fertilizer, or any form of solid excrement produced
by any and all forms of domestic animals or commercial livestock.
'Bins' means those containers provided by Permittee for commercial, industrial,
construction and multi -family 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.
'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
DRAFT COPY - FOR REVIEW ONLY
ounates not exceewng elgnteen (1 a) inches in alameter 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.
'City' means the City of Diamond Bar.
'City Clerk' means the City Clerk of the City of Diamond Bar.
'City Manager' means the City Manager of the City of Diamond Bar or his designee.
'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.
'Council' means the City Council of the City of Diamond Bar.
'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.
'Commercial Unit' means any commercial business, industrial complex, certain
multi -family units, any mobile home park, any hotel or motel, any office building,
or retail establishment which utilizes bins or other containers, as defined in this
Chapter, for the collection of solid waste and recyclables.
'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.
'Construction and Demolition Waste' means the waste building materials,
4
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).
'Garbage, Refuse or Solid Waste' means putrescible and non-putrescible solid and
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.
'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 el
sgq., or the Comprehensive Environmental Response, Compensation and Liability
Act ("CERCLA"), 42 U.S.C. § 9601to sea., and all future amendments to either
of them, or as defined by the California Environmental Protection Agency or the
California Integrated Waste Management Board, or either of them. Where there is
a conflict in the definitions employed by two or more agencies having jurisdiction
5 DRAFT COPY- FOR REVIEW ONLY
over hazardous or solid waste, the term "Hazardous Waste" shall be construed to
have the broader, more encompassing definition.
'Industrial Waste' means all solid waste and semi-solid waste which results from
industrial processes and manufacturing operations.
'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 Chapter, for the collection of solid waste and
recyclables.
'Municipal Solid Waste' means all Solid Waste generated within the City which is
designated for collection under this Chapter.
'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.
Permit' means the written authority by City and evidenced by this Chapter
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.
'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 Chapter.
31
'Public Highway' means any public street, alley, road, public place or highway,
except state freeways, open to and used by the travelling public and not used as a
private right-of-way within the City.
'Recyclable Material or 'Recyclables' 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, cardtoard, glass, aluminum, PET and other plastics, beverage
containers, compostable materials, used motor oil and such other materials
designated by City's Cly 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 Chapter.
'Recycling Container': neans a container of a size, design, and weight prescribed
by the City Council by Resolution and delivered to residences covered by this
Chapter, for the tempc rary storage and collection of Recyclables.
'Refuse Collector' mea ns any person or persons, firm, copartnership, joint venture,
association or corpora tion engaged in the collection, transportation and/or
disposal of solid wastc and/or recyclable materials.
Residential Solid Was `e' means all types of domestic garbage which originate
from residential props rties which utilize one or more individual residential type
solid waste containers, including any household hazardous waste which may be
7 DRAFT COPY - FOR REVIEW ONLY
found to have been placed in the residential solid waste stream.
'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.
'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 Chapter.
'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.
'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 units.
'Special Wastes' means any solid waste listed in Section 66740 of Title 22 of the
California Code of Regulations, or any waste which has been classified as a
special waste by the City Council, including, but not limited to, any material
which because of its source of generation, physical, chemical, or biological
characteristics or unique disposal practices, is specifically conditioned in the solid
waste facilities permit for handling and/or disposal.
'Truck' means any truck, trailer, semitrailer, conveyance or vehicle used or
8
intended to be used for the purpose of collecting refuse or to haul or transport refuse.
"Section 8.16.030. 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 Chapter,
or is exempt in accordance with subsections A through H of this Section. No perspn 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 H of this Section.
"A. The collection and removal of grass clippings, prunings, shrubbery, and
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 provisions of this Chapter.
"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 Chapter.
"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
9 DRAFT COPY- FOR REVIEW ONLY
Safety Code. Disposal of infectious medical waste shall be conducted pursuant to a permit
issued under this Chapter 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
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.
10
i
"Section 8. 16.040. Collection in Emergencies.
"A. In the event that the collection, transportation and/or disposal services of Permittee
are temporarily interrupted or discontinued for any of the following reasons: riots, wars,
sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods,
earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other
catastrophic events which are beyond the reasonable control of Permittee, for a period of more
11 DRAFT COPY- FOR REVIEW ONLY
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 Chapter 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 Chapter, 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 Chapter. Permittee agrees that in such event it will fully cooperate with City to effect
such a transfer of possession for City's use.
T. Permittee agrees that, in such event, City may take temporary possession of and
use all of said equipment and facilities without paying Permittee any rental or other charge,
provided that City agrees that, in such event, it assumes complete responsibility for the proper
and normal use of such equipment and facilities. City agrees that it shall immediately
relinquish possession of all of the above-mentioned property to Permittee upon receipt of
written .notice from Permittee to the effect that it is able to resume its normal responsibilities
under this Chapter.
"Section 8.16.050. Hours 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
12
begin at 6:00 a.m. provided, however, that the pennittee'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, by resolution, 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
permittees operating in the City may be established by resolution of the City Council from time
to time hereafter.
"Section 8.16.060. Refuse Collection --Spillage. Permittee shall exercise all reasonable
care and diligence in collecting refuse and recyclable material so as to prevent spilling, scattering
or dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence,
clean up any such spillage.
"Section 8.16.070. 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
13 DRAFT COPY - FOR REVIEW ONLY
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
8.16.090 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 recyclables as
defined by this Chapter. 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
14
contents, shall be considered refuse set out for collection and both the cardboard boxes and
contents shall be collected.
T. 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 8.16.080. Commercial Refuse Bins.
"A. Permittee shall collect and remove all solid waste that have been placed in
bins, from all commercial, industrial, and multi -family units 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 units 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 -
15 DRAFT COPY- FOR REVIEW ONLY
fitting metal or plastic cover. The use of oil drums of fifty gallon capacity or more is specifically
prohibited.
"Section 8.16.090. 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:
"A. 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 """'' ' Wdwe4+*, or the
alley in the rear of each JiMINIMM dwelling;
Iz-17
• a e �� e a �i��a a T ; ,13?i -�
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16
"Section 8.16.100. 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.
17 DRAFT COPY - FOR REVIEW ONLY
"D. No person, other than the owner thereof, the owner's agents or employees
or an officer or employee of the City or a permittee's agents or employees authorized for such
purposes, shall tamper or meddle with any container or bin used for the collection of refuse and
recyclables, or the contents thereof, or remove the contents of any container or bin, or remove
any container or bin from the location where the same shall have been placed by the owner
thereof or owner's agent.
"Section 8.16.110. Refuse Removal. Pursuant to California Administrative Code Title
14, Chapter 17.331H, all refuse created, produced or accumulated in or about a residential unit or
commercial units in the City shall be removed at least once each week. No person who is the
occupant of any of the above-described premises shall fail or neglect to provide for the removal
of refuse at least as often as prescribed in this Section.
"Section 8.16.120. Refuse Disposal. The permittee sha4l dispose ofealleeted wastes, at.
18
• G@ t�:: d„° F'.la ps r,ai r `t In is $tta i,�s4'9�R'.`�'P@” _� !
E
s E,
E, W1, #
"A. The removal of wearing apparel, bedding or other refuse from residential
units or other places where highly infectious or contagious diseases have been present shall be
performed under the supervision and direction of the County Health Officer and such refuse shall
neither be placed in containers or bins nor left for regular collection and disposal.
"B. Highly flammable or explosive or radioactive refuse shall not be placed in
containers or bins for regular collection and disposal, but shall be removed under the supervision
of the City at the expense of the owner -or possessor of the material.
"C. Refuse or other solid waste containing water or other liquids shall be
drained before being placed in a container or bin. Matter which is subject to decomposition shall
19 DRAFT COPY- FOR REVIEW ONLY
be wrapped in paper or other material before being placed in a container or bin.
"D. No hazardous material, as defined in this Chapter, 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 Chapter, 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 Residence per month. Waste motor oil
must shall be placed at the curb on the same day of the week as usual refuse collection in a
resealable plastic container and be clearly identified as used and/or waste motor oil. Permittee
shall collect used motor oil in containers that have been placed at curbside at no additional
charge to service recipients. Permittee shall exercise all reasonable care and diligence in
collecting waste motor oil so as to prevent spillage and shall, at Permittees' sole expense,
clean-up any such spillage within four (4) hours of notification by City.
20
rem
"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 Chapter.
"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.
"Section 8.16.150. 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:
21 DRAFT COPY- FOR REVIEW ONLY
"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 ene #Weeks (3eveit , ays);
"C. The above periods of time which end in any week in which a holiday occurs
are extended one additional day.
"Section 8.16.180. Use of Trucks. Any persons who desire to operate privately owned
refuse, trash or recycling vehicles under provisions of this Chapter 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.
"Section 8.16.170. 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.
22
"Section 8.16.180. 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
be equipped with a minimum of a twenty -pound fire extinguisher that has been certified by the
California State Fire Marshal. This fire extinguisher shall be recharged as needed, but not less
than once annually. Vehicles shall be equipped with a shovel and broom to clean up any spillage.
"Section 8.16.190. 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
shall be uniformly painted 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.
23 DRAFT COPY- FOR REVIEW ONLY
"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 8.16.200. 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 Chapter which shall be placed on the truck in a conspicuous place.
"Section 8.16.210. Permittee's Local Telephone Number. Each permittee must maintain
a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00
p.m. on normal working days, and at all other times with some type of mechanism for the
purpose of taking messages.
"Section 8.16.220. 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.
I-.!asa'•arw:n�ian:ei:��eia�:.��iiaaea��Q
24
"B. The permittee shall be required to hire employees without regard to race,
religion, color, national origin, sex, political affiliation, or any other nonmerit factor.
"C. Any employee driving permittee's refuse trucks shall at all times have in
his or her possession a valid and appropriate vehicle operator's license issued by the State of
California.
"D. The permittee's employees shall be required to wear clean, identifiable
uniforms when engaged in refuse collection service within the City.
"Section 8.16.230. 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, recyclable, and
compostable collection service is made available. The charge so fixed shall be a civil debt due
and owing to the City or permittee from the owner or occupant of the residential or commercial
unit to which the collection service is made available. The City Council hereby specifically finds
and determines that the periodic collection of refuse and rubbish from all residential and
commercial units benefits all occupants and residents of the City, provides for the health, safety
and welfare of all persons in the City and, therefore, all such occupants or owners are liable for
the payment of collection service provided for hereunder, whether or not any such owner or
occupant 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
25 DRAFT COPY- FOR REVIEW ONLY
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
Chapter. 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.
9
(3) City may, at City's sole option, elect to bill Residential Units for refuse
collection and recycling through a parcel charge. Should the City
institute a parcel charge, Permittee shall be
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.
26
"Section 8.16.240. Right of Provision Modification. This Chapter 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 Chapter has been enacted, prevent or preclude compliance with one
or more provisions of this Chapter, 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 Chapter.
"Section 8.16.250. 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.
"Section 8.16.260. Penalty for Violation of Chapter. It shall be unlawful for any person,
firm, partnership, or corporation to violate any provision or to fail to comply with any of the
requirements of this Chapter. Any person, firm, partnership, or corporation violating any
provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one
thousand dollars, or by imprisonment not exceeding six months, or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion thereof during which any violation of any
of the provisions of this Chapter is committed, continued or permitted by such person, firm,
27 DRAFT COPY- FOR REVIEW ONLY
partnership or corporation, and shall be deemed punishable therefor as provided in this Chapter.
"Section 8.16.270. Civil Remedies Available. The violation of any of the provisions of
this Chapter shall constitute a nuisance and may be abated by the City through civil process by
means of restraining order, preliminary or permanent injunction or in any other manner provided
by law for the abatement of such nuisances.
DIVISION 2. PERMITS
"Section 8.16.410. 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,
28
commercial, construction and industrial areas within the City of Diamond Bar.
"Section 8.16.420. 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
waste is a service to be performed in the City in accordance with the provisions of this Chapter.
The City may from time to time issue permits to those parties meeting the criteria of this Chapter
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 Chapter and any other regulations which have been adopted pursuant
to this Chapter.
� 1Z1\ii�tlJ�u/tit • �1�11.�lii�l�li��1S!"u�I�SR�'S2f'LZL_S1�SS�i�l�J�1: J7:A'Ll
in
'l..f!�'�IITl!\�l!�1 �1�J��l�l•Zi��\�f�l\�l�R�/��TlZll�/Z'l:.l�wZ:.�\�Z7�l��I li�y�1T1�/t•��\t•�l�S�ll Zl��l nlil\l1'�'I��l\ 191 ,�1
29 DRAFT COPY- FOR REVIEW ONLY
NINT-w- OPTS -
"Section 8.16.430. 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
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
M
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 Chapter;
"(9) Satisfactory evidence that permittee has been in existence as a going concern for
in excess of five years and possesses not less than five years' actual operating
experience as a going concern in residential and/or commercial refuse collection
and disposal;
"(10) Satisfactory evidence that permittee's experience as a going concern in residential
and/or commercial refuse collection and disposal derives from operations of
comparable size to that contemplated by the permittee; details shall include length
of other contracts, name and size of municipality, nature of service provided, and
the name of the contact person at the municipality being served;
"(11) Evidence that permittee is in good standing in the State of California and in the
case of a corporation organized under the laws of any other state, evidence that
permittee is licensed to do business in the State of California;
"(12) A detailed inventory of the permittee's equipment available for use in refuse
collection area;
"(13) A written statement that permittee has complied with or is capable of complying
with all regulations imposed by the County of Los Angeles and the State of
California for the collection and disposal of solid wastes.
31 DRAFT COPY - FOR REVIEW ONLY
"(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 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 Chapter. 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
32
fee required by this Section shall be in addition to any other license, permit, or agreement
previously granted by the County of Los Angeles or the City of Diamond Bar.
"C. Reports.
"(1) The Permittee shall submit, in a form approved by the City, an annual
report within 120 days after the close of each fiscal year. This report shall include, but is not
limited to, the following information:
(a) A summary of the previous year's (or, in the case of the initial report year,
the initial year's) activities including, but not limited to, services begun or
discontinued during the reporting year, and the number of customers for
each class of service;
(b) A report, in a form satisfactory to the City, on the City's progress in
meeting and maintaining its ability to meet its goals under AB 939 as
applied to the Permit Area, along with any recommended changes.
(c) A revenue statement, setting forth quarterly AB 939 Administrative Fees,
and the basis for the calculation thereof, certified for accuracy by an
officer of the Permittee;
(d) A list of Permittee's officers and member of its board of directors.
(e) A list of stockholders or other equity investors holding five percent (5%)
or more of the voting interest in the Permittee and any subsidiaries unless
Permittee is a public corporation whose annual reports are publicly
available.
"(2) Permittee shall submit, in a form approved by the City, a monthly program
33 DRAFT COPY- FOR REVIEW ONLY
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, multi -family, or commercial units;
(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 the complaint, and how the complaint was resolved.
"(3) Permittee shall provide up to six (6) reports of varying detail and format,
as specifically requested by the City, to meet unforeseeable information queries of the California
Integrated Waste Management Board, Los Angeles County Integrated Waste Management Task
Force, or other public agencies.
34
"(4) Permittee shall provide City two (2) copies of all reports, or other material
adversely affecting the Permittee's status under this Chapter, 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 Chapter. 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.
TIT i e
Ee, a s: i n
4.- •N # AZ.
MOI
® MSi
OOZE
3 i '1 � �" E! .
, .
35 DRAFT COPY - FOR REVIEW ONLY
"(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 Chapter, the Council shall require the permittee as a condition to the permit, to post with the
City Clerk a cash bond or surety bond payable to the City in the sum of One Million Dollars
($1,000,000.00). Said bond shall be secured from a surety company satisfactory to the City and,
on terms acceptable to the City Attorney. The bond shall be conditioned upon the full and
faithful performance by the permittee of obligations under the applicable provisions of this
Chapter and shall be kept in full force and effect by the permittee throughout the life of the
permit and all renewals thereof. Permittee s4te4l also deposit with the 9ffiee of the Gity Glerk
deposit pttyttble to Gity, in the amount of Twenty Thottswtd Dollars in the ferin
approved by the GityAttamey.
-M-
.......
prom
APEFFINEFFRIP"
.......
Z! QUALLM
:.
;
�o...r I TM
"F. Liability Insurance. Permittee shall obtain and maintain in full force and
effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability
(occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00)
37 DRAFT COPY - FOR REVIEW ONLY
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 Chapter, 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."
(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."
38
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
Chapter. The policy providing coverage shall be amended to provide that the insurance shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail return receipt requested has been given to City. The policy
shall also be amended to waive all rights of subrogation against the City, its elected or appointed
officials, employees, agents or Permittee for losses which arise from work performed by the
named insured for the City.
"H. Permittee agrees to protect, defend (with counsel approved by City) and
indemnify City, its officers, elected officials, employees and agents against all fines or penalties
imposed by the California Integrated Waste Management Board in the event the source reduction
and recycling goals or any other requirement of AB 939 are not met by City with respect to the
Permittee' proportional share of the waste stream collected under this Chapter.
39 DRAFT COPY- FOR REVIEW ONLY
"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.
�-.. -- � � � � � ,9,3 i �✓ori -< r..,
40
..MPEITT7,
"Section 8.16.440. Permit Provisions.
"A. Issuance or Denial of Permit. When an application has been made to the
City for a permit pursuant to this Chapter or such standards as may be time to time adopted by
resolution of the City Council, it shall be the duty of the City Manager or his designee to
consider the matter; and he or she shall have the right to grant, condition or deny the permit
request, and such decision shall be subject to an appeal of the City Council. In granting,
conditioning or denying the permit request, the City Manager and the City Council may take into
consideration factors, including, but not limited to, the following:
(1) The ability of the permittee to comply with standards and requirements
enumerated in this Chapter 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 Chapter 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 Chapter 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
41 DRAFT COPY- FOR REVIEW ONLY
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 Chapter 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.
"B. Assignment or Transfer of Permit. No assignment or transfer of a permit
pursuant to this Chapter 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 Chapter 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 Chapter, 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,
42
following a public hearing upon at least ten days' written notice to the permittee, may terminate
the permit.
axag&€ E � , j b ',°
r
,x ; �.t c. E F vu,. v d -
� �$ i � *;� Jaz# e �` k B�L.,�, l� � ¢ its � � i ..F h;� w¢st 3
M
r
43 DRAFT COPY- FOR REVIEW ONLY
I'M i' Z#a ill
r 9 b 4--
a I ,I
�Tl
�
;xal
EM
SECTION 3: "The City Council declares that, should any provision, section, paragraph,
sentence, or word of this Chapter be rendered or declared invalid by any final court action in a
46
court of competent jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences and words of this Chapter shall remain in full force
and effect.
SECTION 4: "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 , 1996.
Mayor
47 DRAFT COPY- FOR REVIEW ONLY
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 , 1996, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the day of
1996, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
48
City Clerk of the City of Diamond Bar
INTEROFFICE MEMORANDUM
CITY OF DIAMOND BAR
TO: Honorable Mayor and City Council
FROM: Terrence L. Belanger, City Manager t �U
VIA: Kellee A. Fritzal, Administrative Assistant
SUBJECT: CAMPAIGN CONTRIBUTION -LIMITATIONS
DATE: January 12, 1996
RECOMMENDATION:
City Council discuss the possibility of instituting campaign contribution limitations and designate an
Ad Hoc Committe to study the matter and bring back a draft Ordinance to the City Council.
DISCUSSION:
Election contributions are regulated by the California Government Code, Chapter 2, Title 9, Section
81000 et seq. However, Section 85101 authorizes local government to impose lower campaign
contribution limitations for candidates of elected office in its jurisdiction. The Government Code for
election contribution limits are:
Section Dgiad
85301 Individual contributions or loans to candidate or committees controlled by candidate
No candidate shall accept contribution or loan that would cause the total amount
contributed or loaned by that person to that candidate, including contributions or loans
to all committees controlled by the candidate, to exceed one thousand dollars ($1,000)
in any fiscal year. This does not apply to a candidate's contribution of his or her
personal funds to his or her own campaign.
85302 Individual contributions or loans to political committees broad based political
committees. or political parties, No political committee shall accept any contribution or
loan from a person that would cause the total amount contributed or loaned by that
person to the same political committee to exceed $2,500 in a fiscal year.
85303 Contributions or loans by political commmittees broad based political committees or
political parties to candidate or committees controlled by candidate: contributions for
other purposes Political committees can give contributions or loans more than $2,500
in fiscal year to a candidate No broad based political committee or political party can
contribute or loan more than $5,000 in one fiscal year.
85305 Special elections and special runoff elections Contributions or loans from individuals
cannot exceed $1,000 during any special election/runoff cycle. No political committee
can contribute or loan more then $2,500 during special election/runoff cycle. No broad
based committee shall contribute or loan more than $5,000 in special election/runoff
cycle.
SURVEY OF CITIES CAMPAIGN LIMITATIONS
SECTION
GOVERNMENT CODE
DANA POINT
WALNUT
Campaign Contribution by
Maximum of $1,000 for fiscal
Maximum of $436.00 for
Maximum of $500 for election
individuals
year
election
Campaign Contribution by
Not listed
Not listed
Maximum of $1,000 for election
Organization
Campaign Contributions to
Maximum of $2,500 in one year
Maximum of $436.00 for
Maximum of $1,000 for election
political committees
election
Campaign Contribution by
Political Committees -
Not listed - use Gov't Code
Political Committee, Broad
Political Committee to
maximum of $2,500, Broad
based committee or political
Candidates
Based Political Committee or
party - maximum of $1,500
Political Party - maximum of
$5,000
Special Elections/
Individuals $1,000 during cycle,
Included in the above limits
Included in the above limits
run-offs
Political Committee $2,500,
broad based committee $5,000
ADDITIONAL REPORTING REQUIREMENTS:
DANA POINT
Requests limitation on Expenditures - Loans from candidate or immediate family be limited to
$7,500 and total election expenditures not exceed $15,000.
Term Limits - Limits to two full consecutive terms
WALNUT
Identification of Sponsor of Campaign material and written consent from candidate or a
statement that mailings, etc. is made without candidates consent.
Ballot Statement limited to candidates personal background/qualifications, cannot reference
any other candidate.
WHITTER
Additional pre-election campaign disclosure for the period of 16 days to 7 days before
election must be filed with the City Clerk by 3:00 pm, the Friday before the election.
Require late contribution reports (last 7 days) of candidates for donations of $100 or
more.
Copies of Dana Point and Walnut Ordinances are attached.
§ 17.A-1 Elections and Campaigns § 17A-20
CHAPTER 17A.
ELECTIONS AND CAMPAIGNS.
§ 17A-1. Campaign contributions by individuals.
§ 17A-10. Campaign contributions by organizations.
S 17A-15. Campaign contributions to political committees.
§ 17A-20. Campaign contributions by political committees.
S 17A-30. Identification of sponsor of campaign material.
§ 17A-40. Definitions.
g 17A-50. Ballot statement for city council elections.
Sec. 17A-1. Campaign contributions by individuals._ No
ndiv�'-Ici dual person shall make, and no candidate for city
elective office or campaign treasurer, shall solicit or
accept any contribution or loan which would cause the total
amount contributed or loaned by that individual person to
that candidate, including contributions or loans to all
committees controlled by the candidate, to exceed five
hundred dollars in any election cycle. The provisions of
this section shall not apply to a candidate's contribution
of his or her personal funds to his or her own campaign
contribution account. (Ord. No. 429 S 1(part); Ord. No.
538, S 1.)
Sec. 17A-10. Campaign contributions by or anizations. No
organization shall mace, and no candidate shall -receive
from any organization, any contribution to the campaign of
any individual candidate for any city elective public of-
fice in excess of one thousand dollars in any election
cycle. (Ord. No. 429, S 1(part); Ord. No. 538, 5 2.)
Sec. 17A-15. Campaign contributions to political commit-
tees. No individual person or organization snail make an
no political committee, broad based political committee, or
political party shall solicit or accept any contribution or
loan from an individual person or organization which would
cause the total amount contributed or loaned by that indi-
vidual person or organization to the same political commit-
tee, broad based political committee, or political party to
4�xcVV "ane thousand dollars in any election cycle, to make
contributions to candidates for city elective office.
(Ord. No. 538, S 3.)
Sec. 17A-10. Campaign contributions political commit-
tees. a No political committee snail make, and no can-.
i ate or campaign treasurer shall solicit or accept, any
contribution or loan which would cause the total amount
contributed or loaned by that committee to that candidate
for city elective office or any committee controlled by
that candidate to exceed one thousand five hundred dollars
in any election cycle..
104,3 (Walnut 5/93)
fib) No broad based Political committee
mma�e orign tpolitical
easurer
party shall make, and n° candida'-
shall solicit or accept# any cor -ibution or loan-whichned bhat
would cause the total amount tortherucandidated or afor city -
committee or political party that
elective Office, o a thousand live hundrecOln"dttee dollarin any
date, to exceed
election cycle.
(c) Nothing in this section shall support
limit to one or.
ability to provide financial or other ,al
more political committees or broad based Politic her th n
tees provided the support is used for p rp ity elec-
making contrib (Ord.
NO. 429, 5ly I (part) ; Ord. NO .c 538, 5 4-)
tive office. (Ord mate -
Sec. 17A-30. identification logs orof ara io an
rsa a camPalgn ',;antifY the name
of the
-=e ision advertisements shall
No such sponsor
sponsor(s) of the political adve :setnent.
y identify itself by a name wh+:h includes the name i an
individual candidate w1consentthout irsAllbMass lmailng ingscSh the
date's express written
also comply with the requirements of section g43Q5 0
California Goverrune
and 41
(b) Any campaign literature, mail�angcor liticaliaction
television advertisements sponsored by pletive
committee and endorsingtainathedtollowing aadmonit:t* for a Wlnutei-onclgide
public office shall con
prominent locatiomil advertisement and on the
and on each insert
of each piece ofa
in that ,nailing, unless the candidate has given his express
written consent to the endorsement:
This Political dots(the cand d4te'sis mad* tnam I• .
out
the authorization
(Ord. No. 429; S l(part).) eci-
Sec. 17A-40. Definitions. Except for thaae terms Spec' -
4
p
z.ca Y e sne ereinthe California Dovernmentdefinitions set tCode shall
tion 82000 et 36 the
of
be app�hle to the provisions and terms of this chapter:
andidate. An individual who is listed on the
(a) C
ballot, or a o as qualified to have write-in votes on his
election official,
for nomination
or her behalf counted byve Office;
for or election to any expeo nditure, orgives hiseorAher
contribution or makes a
or
consent for any otherwithsanvito ew rtoebringingna�u this or
make an expenditure,
r election to any elective office whether
her nomination o
(walnut 5/93)
104.4
3 17A-40 Elections and Campaigns § 17A-40
or not the specific elective office for which he or she
will seek nomination or election is known at the time the
contribution is received or the expenditure is made, and
whether or not he or she has announced his or her candidacy
or filed a declaration of candidacy at such time. 'Candi-
date' also includes any officeholder who is the subject of
a recall election. An individual who becomes a candidate
shall retain his or her status as a candidate until such
time as that status is terminated pursuant to Government
Code section 84214.
(b) Political committee. A committee of persons who
receive contri ut ons from two or more persons and acting
in concert makes contributions to candidates.
(c) Contribution. A payment, a forgiveness of a -
loan, a payment of a loan by a third party, or an en-
forceable promise to make a payment except to the extent
that full and adequate consideration is received unless it
is clear from the surrounding circumstances that it is not
made for political purposes. An expenditure made at the
behest of a candidate, committee or elected officer is a
contribution to the candidate, committee or elected officer
unless full and adequate consideration is received for
making the expenditure.
The term "contribution" includes the purchase of tick-
ets for events such as dinners, luncheons, rallies and
similar fundraising events; the granting of discounts or
rebates not extended to the public generally or the grant-
ing of discounts or rebates by television and radio sta-
tions and newspapers not extended on an equal basis to all
candidates for the same office; the payment of compensation
by any person for the personal services or expenses of any
other person if such services are rendered or expenses
incurred on behalf of a candidate or committee without pay-
ment of full and adequate consideration.
The tern► "contribution" further includes any transfer
of anything of value received by a committee from another
comr*ittife, unless full and adequate consideration is re-
ceived.
The term "contribution• does not include amounts re-
ceived pursuant to an enforceable promise to the extent
such amounts have been previously reported as a contribu-
tion. However, the fact that such amounts have been re-
ceived shall be indicated in the appropriate campaign
statement.
The term "contribution" -does not include a payment
made by an occupant of a home or office for costs related
104.5 (walnut 5/93)
1?A-50 Wa:,nut City Code 17A-50
to any meeting or fundraising event held in the occupant's
home or office if the costs for the meeting or fundraising
event are five hundred dollars or less.
Notwithstanding the foregoing definition of "contri-
bution,' the term does not include the candidate's own
money or property used on behalf of his or her candidacy,
personal services or payments made by an individual for his
or her own travel expenses if such payments are made volun-
tarily without any understanding or agreement that they
shall be, directly or indirectly, repaid to him or her.
(d) Controlled committee. A committee which is con-
trolled directly or ,in irect y by a candidate or which acts
jointly with a candidate or controlled,committee in connec-
tion with the making of expenditures. A cand:.-ate control's
a committee if he, his agent or any other cow... :,tee he
controls has a significant influence on the ac -ions or
decisions of the committee.
(e) Organization. Any entity other than an individ-
ual, political action Committee, or controlled committee of
a candidate, but including businesses (including sole pro-
prietorships), and nonprofit corporations or unincorporated
associations.. AN
If) Broad based political committee. A committee of
persons whit as been in existence or more than six
months, receives contributions from one hundred or more
persons, and acting in concert, makes contributions to give
or more candidates.
(g) Election cycle for a city elected office. The
period from the day after the Iast election or t at elec-
tive office until the day of the next subsequent election
for that same office. Election cycle for a special elec-
tion means the period of time from the day on which the
office became vacant until the day of the special election.
Election cycle for a special runoff election means the
period of time from the day after the special election
until Ww day of the special runoff election. (Ord. No.
429, 5 l(part); Ord. No. 538, §§ 5--7.)
Sec. 17A-50. Ballot statement for city council election
Any ballet statement for Che office of city council of to
city pursuant to Elections Code section 10012 shall be
limited to a recitation of the candidate's own personal
background, qualifications, experiences and accomplish-
ments. The statement shall not in any manner make refer-
ence to the name, occupation, education, personal back-
ground, qualifications, experience or accomplishments of
any other candidate or candidates. (Ord. No. 454, f 1.)
(walnut 5/93) 104.6
1)�N, :i. . .— L—,a. . . •L. • .L, ..:L. --.. •A; L
RESOLUMON NO. 94-M41101.
l A RZSOLUTION OF THE CITY COUNCE. OF TM CITY OF DANA
POINT, CALIFORNIA, 4DJUSTING THE CAWAION
CONTRIBUTION AND CA1PAMN ZXFMPF 1JRB LDMI TO
REFLECT CHANGES IN THE PRICE DWEX.
WHEREAS, SWft 2.05.059 of dr I►tWddPel Code d the of Demi point,
California, sate: the campaip Mugu" u" limit ane tAe e- sba11 be
Avsted eachous�t�MeM month pWA by tM City CWk *ft MFIM �
obe W*W by
ust the previ 1�
resolution of the City COMO*, tmd,
WHEREAS, no a4u#ment has beep haft 14 due to dmp die dol>st SenottM set forth
in Sections 2.05.056, Contribution Lima. W 2.05.065, Limitadons on SIPMAM lbM
adoption of Ordinance 91.10 on May 14, 1991; ad.
WHEREAS, the Federal Bureau of Labor Statistics Ms pmvided die follOwf%PMlvMtage
changes in the Consumer Price Index for the MMM pWiod=c
December, 1990 through Deoatttber, 1991
December, 1991 Otmugh December, 1992
December, 1992 throttgh D= tabor, 1993 +2.716
NOW, THEREFORE, THE CI'T'Y COUW3L OP THE CITY OF DANA POINT.
CALIFORNIA, DOES HEREBY RESMVZ, DICLAI, DXZWJMM AND ORDER AS
FOLL WS:
SECTION 1. Starting Jammy 1. 19949 fie doibtr tmsotatt at W& is Secdon 2.05.056
(a} pertaining to cautbudons shall be 14MM 10 not exceed 5436.00:
SECTION 2. Suwdol January I, 1994, lite ddlat stAMM set fbtth in Section 2.06.056
(b) perWninj to loans shall be ad vod to not exeeed 5436.00;
SECTION 3. Starting Joel 0y #200do+ the ••
056
exceed M5.00 In �
(c) p � eon[ae tdtell t+sate11 st 5100.00 is e000edattce
(the limit oa anotiymota eoat:lbttdons par
with State regttirlsena);
SECTION 4. Startity January ),1994. do dodos uwmtt set ft* is Secdaa 2.05.069
A. (1) puuwas to pmsonal Autds 60 be a* Med to trot ettmed S119172.00; mid
SECTION 3� Starting Jana �1.� �� tttaotmt � Si�sec� 2.05.068
B. (1) paW ins upendsbe 00 1109
M=Oxwr.aa+
i
SECTION 6. That the City Cletlt shall mdty 10 Ilya passage tad MOON of this
rmlution and antes it into the boom of adSW n obidons.
PASSEDs APPROVED, AND ADOPM this ith day Of F*r .7, 1"4-
/a/ Judy Currsri
=Y CVRRFR s MAYOR
ATTEST:
/s/ Sharon L. Waits •ti
SHARON L. WAITS
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) is
CITY OF DANA POINT )
R. SHARON L. WAITS, City Clwk of do City of DM ftA4 CdUbmk, DO HMMY
CERTIFY that the foregoing is a twe and oonw am d Rpoladon X& %4241- adopted
by the City Council of the City of Dana rbint, Cd1bra* at a 1 elft damd, Ladd an
the Sth day of Februaty, 1994, by Cite M abg VW
AYES: Couneil Xtubers Etaers, Krause, Lloseds aad Mayor Cursesl
NOES: None
ABSENT: Mayor Pro Ta Ommaelur
(SEAL)
SHARON L. WAM
cr" CLERK
nscaoKwr.�
2.05.010
chopler 2.0s .
ELECTIONS
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fbibWcumpolMoodbype" "It* ommwwp is Cky's
,ems.
MW ftAPP@wm=if ON up"'i - avoid Wdle CONCII-iftftionce C(Wp fm@=W oxivibodm
On-"LfdAtAuseactpoudc+dsamvesItallon-
sed Al to CAMPOINS explOdhom (Added by GmL No. 91.10, =4/91)
2.00O52 DdhddM
ftrft; posto *(do ampar. WA=dn Ommy b mum Ordoody fppota am the mom
ftddwdmmtbeinoww2dTomostdo0owmmmcoda otdwstootcaimmia
28
2.03.052
(commewfn8 at Section 112000) shall powm tlu mon. meaning, and application of words
and phrases used In fhb OMptar. (Added by Ord Na 91.10.05/14,191)
LOSA54 Appiicadon to City Coundl Rhall es Only.
This t],apaer shall aWy solely ID mudelIpal electlau for posidors on Iris Dena Point City
CowW and nota other sterid ofllgs wMa do City. (Added by Ord. No. 91-10. 03/1401)
LOLON Costrumden Umibdsna.
(a) Gontribudohhe. No petsm shalt amke. and rho caMidow for elective offim or campaign
tmasum. shall solicit or waspt wW wosdbnloo which w=M caw to hard amount contributed
by trist person to dw csttdidds.1 111 coahibodm ark a to au poNtlpi oommittewor broad
baaW political commis ses ommmllsd by do csedidste, a piped tow hmsdmd dollars (S4MOO)
for nq INniah.
(b) Loans. No person dog maks, and no mdidde ibrelecdve oQim orcampalp ummr,
shall solleft or scapi say ban wMm wohdd =a dw emW& s, behOft loans to di potitical
commlaea or broad bassd poOW commium ewwoUed by the tatndidats. to mewed lour lwWred
dollies ( MOD) br arty eb-tloa.
(c) A=Rr ms Cmolw w a No petaon dall make an anaayatohn oordrlbhtbrt oroontibudons
to sand isle, polNloal cowniM or broad Owd podded t wealun or any older persm wts"
one lwrstnsd doibn (5100.00) os•aow bresryeleetbttpajod. An anonymous conaibetbn of mons
than one h vndmd duras 0IOb.Od) raob' - ' by a cmdidsir orsuch a committee dall toot be kept
by tris ittmthded telpher. bot bntsed shall bs pdd ptompdy idtris 1y+eswt+ir of the City fordeposit
in the Genaal Fund of tis Clq. No candidate far Qty Couttdl. or tumpdph trewww. dWI solicit
oraeapt srhonyrttous oast M doai !Mont mW oou wItidt world wham die mull zoom coritribumd
from awytaoos aosatibtr M to dW w WWM bcli ft anoayahoee =Wftdaan or barn Igo
political cophoineee orbecad bawd p*NW Nualem eoatsolled by to candidate 0 exceed five
bn xkW call (SaMIM is say sl eft porlod. Any wonymohn oonnlbodue over ttw Sam hundred
dollar (SS00.OM limit dolt ox 4e k* bydo bonded rseipisot, but imead shall be paid promptly
to the Tnasurer of toCity be deposit >o tlhe OW
ad Pbod o1 the dq.
(d) Bstethslsth of Cts. NO parson ttbak oltMitld tamd0. told rho eaadidote For elecdve oMce:.
or.camWp oaa . or polidsol sem a or bioW baked polided coolmidee conMoNed by the
carxifdate sbafi soNsitetattospt shy ethuerion o[ctrdt wikdi wNl sassed beyond thbaty (9M days
from do dose opmh which qts 60 Is bsoaad by do =dM oL err polklesl eomrniaee onehtroIled
by rte camOdOL (Added by CI& NL 91-10.05/14,91)
2.M.OU AdjulOg Ibr Cast of Uv ft Clhanpa.
Ile eimpdpt aormbego! fiat end tits cIsaptlph expendigas limit shall be squsted each
January (std Jimmy 1.1993) by the City CMdh Io Who dwos In the Cottsuauer Price Index
(CPI) own iris pwIM ""(M wAv A petiad,'nw dotter smoththts set lurch In Seadans 2.Od.036
and 2.03.061 dMU be a4nsied ach Jsmwy (etthtt I Jwmy I,19Ii't) by tris City Gert m nf3ea
wd of Ibft chamilas wilMa dam asswA g of CovemAeat Code Seedoa 82001. The m*w= M
r shall annually be sdopeed by neohhdaa of ft Chy CowAL (Added by Ofd No. 91-10. 05/14/91)
Kj
105.060
2ALMO PwmeW FundL
mu povbloes of this dOU not q* to awrydate's eonteibaatioa of hb Orhsrpera W
flnadr to his or der owls csmpdo =Oibodm e000 N (Added by Ord. No. 91-10.05/14#91)
2.ol ods • Co=m-dd Loam.
The pro blas Of us CalapMr mpg" bau don not apply to b" aude by a Oommocid
Wnft WOW= is the I ekes mpirootgsr OtO MWE oe teems avdbft to members o(dw
tenud Pobk and fbr width Mr lona reclpisa-is Onoo♦lgr llrbis. (Added by Ord. No. 91-10,
05/14)91)
2AlAf4 Campolp Dbduum
(a) Caenpeip DWAAccersr Ift ooft a d fAMS eegeiaaaorawA emea cbm Seaim
81000 at seq. mpr I do tmpdpa bast wood t. r mU do be saade 10 Mr Gey C k* it the
same time sad k fte mrnescm repOis mam to ft FairPoMW Pmcdm Commiaim
for the State at CdUxdL
(b) Comsrkar Rqft&2dom. ZvetyFQdeslaemmtaw ardbm d bared PdWest =MANN
involved in . mnNdpel sNaloe wlaida slew eumpatsea dull e>. slro wilt nr cam► eaeet
m the ,sari ftx. ceMOM sed prooidI •sett=* 10 (30"MOM COO Saabs $loco st soq.
(Added by Ord. No. 91 -IM 0/14191
2AiA" Dodo of Cry Clerk. ;-
Iu Ctgr Clint sketl admWwdw provirfonr otok aoptw. la addidoa w odor dutla mq Amd
of dw City Cledt soder the tame of M M.Chw. the CRY Clap dud:
(O 3uWy qg -1 IN Om ad o MWI P -MI! ed by Mr CWihmia P* Pdidcd Pnadm
C.oaamisdora (PlfC7. Tlure tbw sed iaasals ehdl boflreitahsd to W aarlydldeler sod eamwiaea.
mw to order Pam esq II 1 b lit. wpo ft
(b) Dwnmiu whadarr rt�gWsrd doOtasssrt<s latera bee libel ad. itso, wlrstlrerthsy aeanfoem
on dwir floe wifh.dar mpkmM of this C."W eed 3w law-:
(c) Naft pmpdy ell petsops sad kaown =Mina who haus w" to lice a axumm
is the deem mead stdr Clete wquNed*3m law. red prmpdy apeesos. cieddeb.
nom . polleksi Mmmiare orbic &W d pomW aomow eiaW vlotmlons of this Chspeer.
'Phe Omtdmd kd=fto tw,Gmdldrs.WM*dp"am, pdigwtOo oimorbaoed4md
poiigal WffAdWdW MtaytiAtV lure 00G M weslas tssdne j' dwvioMMort. Aw*tAcb dr violation
drrU be made us - i a do Gey ONO& od wamdideios. adbi mS;d ble 0 apebik record.
(d) Compile ad a isms aeaseeeI I N Of as stoma" ads " Orpus etinstements Md wkh the
City Ck*-s ago peraWM to NO caadUft' ad a* U r L
(s) Moeitorwpora ads`Alsstma f dby andldrreesed oommiw supporlieaM aopposinft
eseadidam dor C tw CW"d gas eegebed by Slur Iwr ad dais Chrpm
(n ,yj�t Mr oerpdDe oont�eMoefa ad lleitsrdr]swwy o as0eads Cbrsaroer
Pelee Lader d=p fbrtlu ps,vsYieap oak (19) m=M poiA (Added by Ord. No. 91-10. O5/14191)
30
2.06.068
905 Unhadom an 9Vmditwm&
A. Pewotul beds of oandWsts end tbmily.
(1) No andidais tdtottld Mb m j 10d10mes llom his or her pwMW finds. or the permW
Curds of his or her Im others fkmhly, hi comwon whh his or her aaatpeipn for election to City
Coundl dreier aAy41e0dsnpsiodhrelectba a Cqr CbwW Inexam oC bids aWaeptts. $7.s00.M
M end any
dd K phrase, pandpesept, 6eotltt1. or tdffiw of the amd§&W end the :power of tach pars=
H. Uniftedetts an agmndltama.
(1) No andldim lar City Mod should make expwAkm In excess of t1S.000.00 for any
elmdan paelod.
(2) For the ptupoea of this subsection, the ejrepa etpiadional expemAttt» limitation on
A "ce WMM 1br City Cowxr doll iealod I MW e200114111M dude by do ctndldW In gaetdoa
end ally pohWN aam me orWesd bead poMwGOlem IM oontfolhed by the cmdldta Addwmom
the peesothal 3a W.apeAded by the condos and Me or hsr' &Wly so set lbrtb In Subsection 1
dmdl be considwed In" Wallml des toW mapendtttrss fbrthis ntbtecdan. (Added by Ord. Na
91.10. 06/14091)
2.06.A7A Visladow-40meally.
Aril► penal vioiatluA my of the peowWoeu of this Chapter road" to cempWpl cormiWdons
had ditdeturs is panty of s mtsdrmetaot end VAIM a pMbom In accoedares with Section
1.01.200 of db C1oda TM 8acdon, 1pwevu *All not apply to the eupa ftm Wait= set
forth In Section 2M.061 whfth Sudan Is aspirMlottai only. (Added by ON. No. 91-10.03/14/91)
2.06.M Chy Coll" Cslmembs Teat Umftq purpose.
The' pwpoae of dab Ordlrltnoe b to r■seole a Are ad dtetom* tyatau of.thir eladom end
to mourap geelMed cmdldssa 10 mk pabik altos. by Waiting the power oftmobency. by
piadtas timltaderta apou the rpttnbsr of ooaiseudw pass rrlddl mey be tetvsd by tntmbe:: o[
the Cty Ora W. Udaled by oro. 92-06. o4Rsft
MM city ca"I coneen IM Tenm tJnft lrt wap,
The lreople; of tae aw of m" Mat do hsi ft I W m Maws (Added by Old. 92-M. 06WM).
(a) The PGW dW esftlU" a syslsm of 'oneatom based upon free. fair.
had oomptdthre elecClotr.'!1r ilclwted aelloaapetioea otpoillical
power In the hands of irwimbem
rtpleaeead, 0 hair tmb ar eleetoiei tylia Isms doer Itis soapeddve. ad lea mpmamdve.
(b) rah aM ft of kpilasora m atuvo r wl kW nmbsr of twmt cora U me heavily eo
the 4210116e1Y NO MW.w of betmrb W woe ale seduled. Tlab oddr baaumbeat adveatefe
dbcwa qp cwdldm tamm nelft patblioafae sed cum ad= ofcKm politidam
tehaeed of die oWaMn asprestttgdvaa anvlilaiud by doe Aolsadas. Thos weer pollddan•bevome
Rpeesatnthves of the busy, tadter dun of the psapls wham they are elected to represane.
3.03A4 Limitadsa on Com cod, Tawe fbr Council Mealbera.
No person shell be d@Md Y a member of de City Comadl for more than two fell con temutive
31
2.05.054 �.
mms and no pm m 1 who has been a -amber for mous than two Yous of a meas m which he or
ode wss appolmod or lfmt eloctad-dull be dectsd to thi Chy Cm" moor dwaro RuVwaonsewdve
tam. (Added by Onl. 92-05.06R9J92)
2.Oi.0ss6 Severabaky.
If any 9acd m Submadon. Subdivision, ssatsom dere0. phnee. Of poMan of 90 O"UMIrce.
is !of mor �aaem held m ba inv6Nd or vaoon�de+tloa�t by am deehbo of m y court of eompeesra
Ndidlic" wch dedd o tloil not 01 1110 dw vdi ft of do r mak tas po dOM of M 00900= -
no aty COONS hemby dsdow that k world be" adopod this Ordiaettos. end Back Sidon.
SubncdM Sdxbhioa. WommW dam phmm or pond a Waroinapecdw of fie fact Ow
my one ormon 3eoWo.3rheeodone. Subdh► dMN6 NOWA . MOM phMIN orpadas dmwf
be dedmed Imrsiid of 1-i c.9 m" kill L (Added by Oed 9245.0602M ?
0
AGENDA ITEM NO. 10.3
DISCUSSION ONLY
(No documentation available)