HomeMy WebLinkAbout4/1/1997C it o
AGENDA
Tuesday, April 1, 1997
6:30 p.m. Regular Meeting
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California 91765
Mayor Bob Huff
Mayor Pro Tem Caro l Herrera
Council Member Eileen Ansari
Council Member Clair Harmony
Council Member
City Manager
City Attorney
City Clerk
Gary 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.
f ° 111.1 X111111 11.11:
Please refrain from smoking, eating or drinking ems The City of Diamond Bar uses recycled paper
and encourages you to do the same.
in the Council Chambers. • . • g
DIAMOND BAR CITY COUNCII. 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, persons who are interested parties for an item may be requested to give their
pros - ration 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 persons. 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 reg*-ining time as ordered by the
Chair. Your cooperation is greatly appreciated.
In accordance with Government Code Section 549S4.3(a) the Chair 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 acts in respect
to a regular or special muting of the Diamond Bar City Council.
A. Disorderly behavior toward the Council or any member of the thereof, tending to mterrupt 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
addressing 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 parsons with mobility impairments who cannot access the public
speaking area. Sign language inter services are also available by giving notice at least three business days
in advance of the meeting. Plesse telephone (909) SW2489 between 8 a.m. and S 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 IDEN'rinw ON THE AGENDA.
1. CLOSED SESSION:
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
Next Resolution No. 97-22
Next Ordinance No. 01(1997)
None
Mayor Huff
Presentation of Colors by
Ganesha High School JROTC
Reverend John Song, Harvest
Fellowship
Council Members Ansari,
Harmony, Werner, Mayor Pro Tem
Herrera, Mayor Huff
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaiming April 7 - 13, 1997 as "Public Health Week."
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
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. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - April 8, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 TRAFFIC & TRANSPORTATION COMMISSION - April 10, 1997 -
7:00 p.m., AQMD Board Hearing Room, 21865.3
5.3 CITY COUNCIL MEETING - April 15, 1997 6:30 21865 E.
Copley Dr.
5.4 CITY ANNIVERSARY CELEBRATION - April 20, 1997 - Peterson
Park - Noon - 5:00 p.m.
5.5 TOWN HALL MEETING (Economic Revitalization Area Plan) -
May 3, 1997 - 9:00 - Noon, AQMD Auditorium, 21865 E.
Copley Dr.
APRIL 1, 1997 PAGE 2
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES - Regular Meeting of March 18, 1997 -
Approve as submitted.
Requested by: City Clerk
6.2 PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of January 28, 1997 - Receive
and File.
6.2.2 Regular Meeting of February 11, 1997 - Receive
and File.
6.2.3 Regular Meeting of February 25, 1997 - Receive
and File.
Requested by: Community Development Director
6.3 TRAFFIC & TRANSPORTATION COMMISSION:
6.3.1 Regular Meeting of January 9, 1997 - Receive
and File.
6.3.2 Regular Meeting of February 13, 1997 - Receive
and File.
Requested by: City Engineer
6.4 VOUCHER REGISTER - Approve Voucher Register dated April
1, 1997 in the amount of $498,472.12.
Requested by: City Manager
6.5 TREASURERS REPORT - month of February, 1997 - Review &
approve.
Requested by: City Manager
6.6 EXONERATION OF RECLAIMED WATER IMPROVEMENT BOND FOR TRACT
48487 (C&A Developers) - C & A Developers has requested
the exoneration of their posted surety bond for Reclaimed
Water Improvements required in accordance with the
subdivision agreement for Tract No.48487. The developer
has been relieved of this condition at the January 7,
1997 City Council meeting.
Recommended Action: It is recommended that the City
Council move that: a) Bond No. 184740S of Developers
Insurance Company for Reclaimed Water be exonerated; and
b) the City Clerk notify the Principal and Surety of
these actions.
Requested by: City Engineer
APRIL 1, 1997 PAGE 3
6.7 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF PANTERA PARK AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS -
Plans and specifications have been developed, reviewed
and are ready for advertisement for the construction of
Pantera Park. The plans consist of both active and
passive recreation opportunities and a bid alternative
item for the construction of an activity room. The Park
was developed through neighborhood meetings, surveys and
input from the Parks and Recreation and Planning
Commissions.
Recommended Action: It is recommended that the City
Council adopt Resolution No.97-XX to approve plans and
specifications for the construction of Pantera Park and
authorize the City Clerk to advertise the project for
bids.
Requested by: City Engineer
6.8 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR TRAFFIC SIGNALS CONSTRUCTION ON
DIAMOND BAR BOULEVARD AT GOLDRUSH DRIVE AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
- The intersection on Diamond Bar Blvd. at Goldrush Dr.
has been identified for traffic signals. Plans and
specifications for the project have been prepared and are
ready for City Council approval.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX approving plans and
specifications for the traffic signals construction on
Diamond Bar Blvd. at Goldrush Dr. and authorize the City
Clerk to advertise the project for bids.
Requested by: City Engineer
6.9 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR
THE CONSTRUCTION/RETROFIT OF HANDICAP ACCESS RAMPS IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS - Under the 1996-97 Los
Angeles Urban County CDBG(Community Development Block
Grant) Program, $37,000 of CDBG federal funds was
allocated for the construction/retrofit of handicap
access ramps in the City. At this time, bid
specifications have been prepared.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX approving bid
specifications for the Construction/Retrofit of Handicap
Access Ramps and authorize the City Clerk to advertise
the project for bids.
APRIL 1, 1997
7.
8.
PAGE 4
Requested by: City Engineer
6.10 AWARD OF INSPECTION SERVICES FOR TRACT 47850 IMPROVEMENT
PROJECTS- At the December 19, 1996 City Council Meeting,
the Council awarded the plan check services for Tract
47850 improvement plans and final tract map to Hall &
Forman. For consistency and continuity, the City has
assigned inspection services for private development
improvements to the on-call firm that has completed the
plan checking services for those improvement plans.
Recommended Action: It is recommended that the City
Council award the inspection services for Tract 47850
improvement projects to Hall & Forman in an amount not -
to -exceed $42,154.84.
Requested by: City Engineer
6.11 AMENDMENT TO BUS STOP SHELTERS CONTRACT TO ADD FOUR (4)
ADDITIONAL BUS SHELTERS - The City has contracted with
Metro Display Advertising, Inc. to provide 20 bus
shelters at the following four proposed locations:
northbound Diamond Bar Blvd. at south side of Silver Hawk
Dr.; southbound Diamond Bar Blvd. at southside of Tin
Dr.; southbound Diamond Bar Blvd. at south side of Clear
Creek Canyon Dr; and northbound Diamond Bar Blvd.
opposite Acacia Hill Dr.
Recommended Action: It is recommended that the City
Council approve Amendment No.l to the Bus Shelters
contract with Metro Display Advertising, Inc. to add four
additional bus shelters.
Requested by: Community Services Director
PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters
can be heard. None
OLD BUSINESS:
8.1 ORDINANCE NO. 0X(1997): AN ORDINANCE OF THE CITY OF
DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE TELEVISION
FRANCHISE AGREEMENT BETWEEN THE CITY AND JONES
INTERCABLE, INC. AND CONCURRENTLY AUTHORIZING THE
ASSIGNMENT OR TRANSFER OF THAT FRANCHISE AGREEMENT BY
JONES INTERCABLE, INC. TO CITIZENS CENTURY CABLE
TELEVISION VENTURE. Continued from March 18, 1997.
After discussion between City staff and Jones Intercable
modifications have been incorporated into Section
6.3.1(a)(page 22), and Section 6.5 (page 22) the proposed
Agreement.
Recommended Action: It is recommended that the City
Council approve for first reading by title only and waive
APRIL 1, 1997
PAGE 5
full reading of Ordinance
the City of Diamond Bar
cable television franchise
Jones Intercable, Inc. an
assignment or transfer o
Jones Intercable, Inc.
/Television Venture.
No. 0X(1997) "An Ordinance of
Authorizing the renewal of a
agreement between the City and
I concurrently authorizing the
that franchise agreement by
to Citizens Century Cable
Requested by: City Manager
8.2 PARKS AND RECREATION COMMISSION VACANCY APPOINTMENT - Due
to the passing of Oscar Law, a new Commissioner must be
appointed.
Requested by: Councilmember Werner
8.3 RESOLUTION NO. 96-02A - RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR PROVIDING FOR THE INSTALLATION OF
"NO COMMERCIAL TRUCKS" SIGNS ON FOUNTAIN SPRINGS ROAD AT
BREA CANYON ROAD AND WESTERLY OF THE COUNTRY HILLS TOWNE
CENTER DRIVEWAY ON COLD SPRING LANE AT BREA CANYON ROAD
AND DIAMOND BAR BOULEVARD, "NO PARKING, LOADING ONLY"
SIGNS IN FRONT OF CASTLEROCK ELEMENTARY SCHOOL, "NO U-
TURN" SIGNS AT THE INTERSECTION OF EVERGREEN SPRINGS
DRIVE AT BIRCH HILL DRIVE AND AT LOST RIVER DRIVE, "NO
PARKING, 7-3, SCHOOL DAYS ONLY" SIGNS ON BOTH SIDES OF
EVERGREEN SPRINGS DRIVE BETWEEN PATHFINDER ROAD AND BIRCH
HILL DRIVE, "NO PARKING ANYTIME" SIGNS ON FOUNTAIN
SPRINGS ROAD FROM DIAMOND BAR BOULEVARD TO CROOKED CREEK
DRIVE, REMOVING ONE HUNDRED SEVENTY FEET OF RED CURB AND
RETAINING ONE HUNDRED SIXTY FEET OF RED CURB ALONG
FOUNTAIN SPRINGS ROAD FROM DIAMOND BAR BOULEVARD TO
CROOKED CREEK DRIVE, PAINTING RED CURBS ALONG CURVATURES
ON RISING STAR DRIVE, CROOKED CREEK ROAD, HARMONY HILL
DRIVE, HIDDEN PINES DRIVE AT SUNBRIGHT DRIVE, AND
SUNBRIGHT DRIVE AT SILVER CLOUD DRIVE, AND REMOVING THE
"NO LEFT -TURN" SIGN AT THE DRIVEWAY EXIST OF COUNTRY
HILLS TOWNE CENTER AT FOUNTAIN SPRINGS ROAD - Pursuant
to the direction of the City Council, the effectiveness
of the signing, marking and striping improvements within
the Heritage Tract were evaluated. Based on the follow-
up questionnaires, an overwhelming majority of the
residents believe traffic conditions in the neighborhood
have improved. The "No Left -Turn" sign at the County
Hills Towne Center driveway on Fountain Spgs. Rd., which
was installed as a part of the improvement, is requested
for removal. 85% of the questionnaire respondents want
the sign removed due to the inconvenience it creates.
Another proposed modification to the improvements is the
removal of approximately 170 ft. of the red curbing along
the southerly side of Fountain Spgs. Rd. DKS Associates
has concluded that traffic conditions have improved in
the study area and that these signing/stripings
improvements have reached their intended mitigation.
APRIL 1, 1997 PAGE 6
Recommended Action: It is recommended that the City
Council adopt Resolution No.96-02A amending Resolution
No.96-02 to include the removal of the "No Left -Turn"
sign at the Country Hills Towne Center driveway on
Fountain Spgs. Rd. and removal of 170 ft. of red curb and
retaining 160 ft. of red curb along Fountain Spgs. Rd.
between Diamond Bar Blvd. and Crooked Creek Dr.
Requested by: City Engineer
9. NEW BUSINESS:
9.1 DISCUSSION OF TRES HERMANOS PLANNING PROCESS - The
Council has expressed interest in pursuing a more
formalized planning process related to the Tres Hermanos
Ranch, which is located in Diamond Bar and Chino Hills.
It is proposed that the Council discuss the appropriate
mechanism to formalize Tres Hermanos Ranch planning.
Among the possible mechanisms are a multi-party agreement
or a joint powers agreement.
Recommended Action: It is recommended that the City
Council direst staff as necessary.
Requested by: Mayor Huff
9.2 CITY MANAGER EVALUATION PROCESS - The City Manager 's
evaluation form and evaluation time frame will be given
to Council.
Recommended Action: It is recommended that the City
Council complete the evaluation forms and return them to
the Council Sub -committee by April 11, 1997.
Requested by: Mayor Huff and Mayor Pro Tem Herrera
RECESS TO REDEVELOPMENT AGENCY MEETING
Next Resolution R-97-05
1. CALL TO ORDER: Chairman Werner
ROLL CALL: Agency Members Ansari, Harmony,
Herrera, VC/Huff, C/Werner
2. PUBLIC COMMENTS:
3. CONSENT CALENDAR:
3.1 APPROVAL OF MINUTES - Regular Meeting of March 18, 1997 -
Approve as submitted.
Requested by: Agency Secretary
APRIL 1, 1997 PAGE 7
3.2 VOUCHER REGISTER - Approve Voucher Register dated April
1, 1997 in the amount of $11,356.96.
Requested by: Executive Director
4. PUBLIC HEARING: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS:
8. AGENCY SUB -COMMITTEE REPORTS:
REDEVELOPMENT AGENCY ADJOURNMENT:
RECONVENE CITY COUNCIL MEETING:
10. COUNCIL SUB -COMMITTEE REPORTS:
11. COUNCIL COMMENTS: Items raised by individual Councilmembers
are for Council discussion. Direction may be given at this
meeting or the item may be scheduled for action at a future
meeting.
12. ADJOURNMENT:
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
383 KENNETH HAHN HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012
JOANNE STURGES, EXECUTIVE OFFICER
(213) 974-1411 March 20, 1997
The Honorable Robert S. Huff
Mayor
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Mayor Huff:
MEMBERS OF THE BOARD
GLORIA MOLINA
YVONNE BRATHWAITE BURKE
ZEV YAROSLAVSKY
DON KNABE
MICHAEL D. ANTONOVICH
At its meeting held March 18, 1997, on motion of Supervisor
Zev Yaroslaysky, the Los Angeles County Board of Supervisors
proclaimed the week of April 7 through 13, 1997 as "Public Health Week"
throughout Los Angeles County. The theme for this year is "A Century of
Accomplishment; A Decade of Celebration" and will mark the tenth year of
an event started in Los Angeles County and which has now become a
local, State and National event.
The purpose of Public Health Week is to increase awareness and
understanding of public health, and to inform Los Angeles County
residents of the role the Department of Health Services plays in protecting
our communities and keeping them safe and disease free.
Public Health Week will also be a celebration and recognition of the many
partnerships the County has established with private agencies that also
support and provide public health services. The Board requested that I
notify Governor Wilson and the Mayors of all cities within Los Angeles
County of this action, and request that your City support this event by also
proclaiming "Public Health Week".
Very truly yours,
JOANNE STURGES
EXECUTIVE OFFICER
Mayor20.PF
"PUBLIC HEALTH WEEK"
April 7-13, 1997
WHEREAS, public health services benefit the entire population of
California, and are among the highest priorities of the California
Department of Health Services; and
WHEREAS, greater public knowledge and awareness of healthful
behavior are cost-effective and contribute significantly to the reduction of
needless suffering; and
WHEREAS, public health professionals and others who promote
public health play important roles in providing for the health and welfare
PUBLIC HEALTH PROGRAMS AND SERVICES
MARK FINUCANE, Director
COUNTY OF LOS ANGELES
DEPARTMENT OF HEALTH SERVICES
313 N Figueroa, Los Angeles, CA 90012
(213) 240-8156
(213) 481-2739 (FAX)
January 30, 1997
Bob Huff
21660 Copley Drive
Diaiivi~r-,. Bar, CA9176-11
Dear Mayor Huff:
BOARD OF SUPERVISORS
Gloria Molina
First District
Yvonne Brathwaite Burke
Second District
Zev Yaroslavaky
Third District
Don Knabe
Fourth District
Michael D. Antonovkh
Fifth District
On behalf of the County of Los Angeles Department of Health Services, Public Health Programs and* ,
Services, I would like to invite you and the residents of your city to participate in our tenth annual
celebration of Public Health Week (PHW). PHW began in Los Angeles County ten years ago and is
now celebrated throughout the State of California. It has also become a national event; a presidential
proclamation was signed by President Clinton in 1995.
PHW will be held during the week of April 7-13, 1997. At that time, a variety of PHW events will
be held throughout the County of Los Angeles at various locations. This year, the Department of
Health Services' theme for Public Health Week is "A Century of Accomplishment; A Decade of
Celebration".
As in the past, we are asking each city in the Los Angeles County to prepare a proclamation in
recognition of PHW. Attached you will find a form to be FAXed, and a sample proclamation.
Please FAX the attached form by March 3, 1997, to Myitis Tracy at
(213) 388-3370.
Thank you for your support and we look forward to hearing from you. In the meantime, if you have
tianC !:: *_crs or need awti•,ao,. in:�ometic.n en Dnmlb; .T ealaWeek, p.1..r Ike.
ine k
i v v, you t ii y
call Dr. Maritza Cabezas, PHW Coordinator, at (213) 240-8150.
Very truly yours,
RS ~CunoCP/�
Joh hnhff, h.D.
Acting Director, Public Health Programs and Services
Attachments
JS:mc
c: Dr. Maritza Cabezas
Myrtis Tracy
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boy
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EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
®
'rXx
®
A PROCLAMATION
by the
®
Governor of the State of California
®
WHEREAS, public health services benefit the entire population of California,
and are among the highest priorities of the California Department of Health
®
Services; and
®
WHEREAS, greater public knowledge and awareness of healthful behavior are
cost-effective and contribute significantly to the reduction of needless suffering;
and
®
WHEREAS, public health professionals and others who promote public health play
important roles in providing for the health and welfare of our citizens, and their
efforts undertaken with genuine concern and compassion are worthy of widespread
praise and appreciation; and
WHEREAS.
the Los Angeles County Department of Health Services has celebrated
the first full week in April as Public Health Week for the past six years, and in
1993, as in 1992, the Department will be joined in this observance by other
California counties and several other states; and
WHEREAS, 1993 is the 100th Anniversary of Public Health Nursing in the United
States — a milestone to celebrate its contributions to the cause of public health;
and
®
WHEREAS, Public Health Week
Com•
also recognizes the coalition of public and
private health agencies, foundations, academia, and health-related enterprises that
are working to healthy
®
promote behaviors;
NOW,
®
TMOUOORE, I. PETE WILSON, Governor of the State of California, do hereby
proclaim April 5-11, 1993 as Public Health Week in California and urge all citizens
I
to join in this important observance.
e
L IN WITNESS WHEREOF I have hereunto set my hand
and caused the Great Seal of the State of
'
• ' /;
California to be affixed this 4th day of
- March 1993.
Governor of California
ATTEST.
11
s
f/ Secretaryof ate
WL
rp
Im
_-
IF W.
PUBLIC HEALTH WEEK APRIL 7-13,1997
Please complete the information below and FAX to (213) 388-3370 by March 3, 1997.
Yes, I am proclaiming April 7-13, 1997
Public Health Week
Will mail proclamation by March 27, 1997
Proclamation will be ready for pick-up by March 27, 1997
No, I am not proclaiming April 7-13, 1997
Public Health Week
Name: Bob Huff
Title: Mayor
City: Diamond Bar Phone: 909-396-5668
Address: 21660 E. Copley Dr., #100, Diamond Bar CA 91765
Contact Person (if other than name above): Lynda Burgess, City Clerk
On April 1, 1997 the City of Diamond Bar will be proclaiming the
week of April 7-13, 1997 as Public Health Week.
HP OfficeJet LX
Personal Printer/Fax/Copier
Identification
12133883370
7.1.0
Fax Log Report for
City of Diamond Bar, CA
909-861-3117
Feb -24-97 12:30 PM
Result &M T_XlM Date Time Duration Diagnostic
OK 01 Sent Feb -24 12:30P 00:00:19 002482030022
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 a Regular Meeting
in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond
Bar, California at 6:30 p.m. on April 1, 1997.
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 April 1, 1997 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 28th day of
March, 1997, at Diamond Bar, California.
/s/ Lynda Burgess
Lynda Burgess
City Clerk
City of Diamond Bar
D
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
r
DATE:
PHONE:,fV/r-
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
l I
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
f
Y
DATE: 4— /` V
PHONE: /
AtItI2.1 �.
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signatu'r'e
D
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
DATE: Y-1-
PHONE: 6/ glj7
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
Xv I ,-- /x? ,
Craa #kC-C/ ,�Or
S. 3 Refs o 1ft i 1 ap , -'�4 7 6-
DATE: `/ `/ - F J
PHONE: -51'9-093
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
9
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
2. d.
DATE:
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signatur
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: ��,!�•jC� UIJ.� 1 DATE:
ADDRESS: l�l� C .1 'iAdiJ CiluW"g- PHONE:
ORGANIZATION:
AGENDA #/SUBJECT: ,
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
`§ignature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
DATE: 174—/- 171
PHONE: X1—Krr--1
expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
41
1
, VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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OR(; NNIZATION:
AGE'i JDA #/SUBJECT
CITY CLERK
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DATE:
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Si at
City Council Agenda April Fools Day 1997 Item 8.3
RE: Evaluation of the Heritage Tract Neighborhood Traffic Management Study
Amended Final Report - Nov. 14,1997 ?
f 4i..Loi»i d 1
o f
97 APR -3 F 1X1 r9
The following is the text of public comment on the above subject. This is requested to be included in the minutes as printed and
forwarded to the Diamond Bar Traffic and Transportation Commission.
This item before you tonight stems from the residents of Fountain Spring's request for a reduction in the speed of vehicles and a
reduction in the volume of vehicles. Average vehicle speeds have been reduced, yet volume(ADT) has remained on any given
weekday, Saturday, or Sunday at the same level with no relief in site. The T&TC and DKS recommended action to mitigate cut -
through traffic volume - this traffic commission however has watered down then removed the only volume reduction measure while
providing no alternate plan.
Where in this study and its predecessor we have always identified Evergreen Springs, Fountain Springs, and Cold Springs as the
higher volume streets, only Fountain Springs suffers the same volume level all year long, seven days a week. We are asking for a
`close to normal' residential volume. We are asking for a reduction of the C.H.T.0 traffic that utilizes our street
for egress and ingress. We want the purely local cut -through traffic volume reduced. This is not a regional (as in Grand Ave.)
cut -through traffic problem. It is a local `convenient' cut -through traffic problem.
Just as the city should not approve a commercial parcel to utilize residential streets for parking, we are asking the city not allow
a commercial parcel to utilize our street as a means of access and exit. Or is the city engaging in cooperative non-compliance of the
center's conditional use permit by allowing this to continue!?
The basis for an amended `through -traffic study' was to realize the impact of through -traffic in the neighborhood and the impact
of the C.H.T.C. driveway at Fountain Springs. This result was to be based on an accurate collection of data. The study's results made
an estimate to the first part of the amendment; and has given us a glimpse at the second portion of the amendment. Only one person
was placed at each of the license plate recording stations. Station persons had a difficult time
(at times impossible) task of recording all license plate information. (I personally interviewed and witnessed persons participating in
the license plate study, all three sessions.) No persons recorded license plates at the C.H.T.0 driveway in question - only a video was
made from an angled distance used for count purposes only.
Therefore, errors such as missing a vehicle would go down as 'inner -neighborhood' traffic. And, vehicles leaving or entering
the driveway in question and not recorded for match -up at any other location would go down as `inner neighborhood' traffic. This
study is flawed in its method, inconsistent with the understood premise of the study and thus inadmissible as accurate data for an
assessment of the situation. In addition to this I do not believe any amount of persons
being merely inconvenienced should be reason for the disapproval of a measure that was meant to be a partial resolve to a non -
abating problem for the residents of this street.
PS
There was absolutely no mention of the `red -curbing' issue on Fountain Springs in the mailed out flyer to the neighborhood in
regards to the traffic management study evaluation.
As a possible alternative to the No Left Turn sign might I suggest a sign being, not a regulatory or restrictive sign,
but a strongly suggestive sign such as: Country Hills Towne Center and the Residents of Heritage Homes would appreciate your
exiting to Diamond Bar Blvd.
Thank you, Craig C. Clute
21217 Fountain Springs
Diamond Bar, Ca. 91765
909-595-1827
MINUTES OF THE CITY COUNCIL b
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MARCH 18, 1997
CITY COUNCIL WORK SESSION: 5:15 P.M.
SUBJECT:
Council Goals and Objectives
Present: Council Members Ansari, Harmony, Mayor Pro
Tem Herrera, Mayor Huff. Council Member Werner was absent.
Also present were: Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager, Amanda Susskind, Assistant City Attorney; James
DeStefano, Community Development Director; George Wentz, Public Works
Director; Bob Rose, Community Services Director, Lynda Burgess, City Clerk and
Kellee Fritzal, Assistant to the City Manager.
ACTION: Staff to provide Council with a list of 1996-1997
Gals and their current status within the next two
weeks.
ADJOURNMENT: Work Session adjourned at 5:40 p.m.
CLOSED SESSION: 5:40 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 54956.8):
Property: 1370 Valley Vista, Suite 100, D.B.
Negotiating Parties: Ahmanson Development/Home Savings of
America
Under Negotiation: Terms of lease agreement for office space
No reportable action taken.
ADJOURNMENT: 6:03 p.m.
2. CALL TO ORDER: Mayor Huff called the meeting to order at 6:30
p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led Mayor Pro Tem
Herrera.
INVOCATION: Reverend Pac Chan, Chinese Evangelical Free
Church
ROLL CALL: Council Members Ansari, Harmony, Mayor Pro
Tem Herrera and Mayor Huff. Council Member Werner was absent.
MARCH 18, 1997 PAGE 2 CITY COUNCIL
Also present were: Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager; Amanda Susskind, Assistant City Attorney; James
DeStefano, Community Development Director; George Wentz, Public Works
Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed April, 1997 as Home Composting Month and recognized Earth
Day Celebration Events.
3.2 Presented City Tile to Lt. Dennis Curran in appreciation for his services to
the City of Diamond Bar.
3.3 Presented City Tile to Lt. Wendell Henson on his retirement from the L.A.
County Sheriffs Department, Walnut Station.
3.4 Presented City Tile to Deputy Larry Luter in appreciation for his services to
the City of Diamond Bar.
4. PUBLIC COMMENTS: Martha Bruske stated that she didn't understand
why the City makes so many presentations and proclamations. She cautioned the
City that since it does not have applicable regulations, it should not encourage
home composting.
Don Schad stated that on March 9, 1997, members of the YMCA's Indian
Princesses planted 130 trees at Peterson Park. He thanked CSD/Rose and staff
for repairing the sprinkler system at the park. He indicated he was disappointed
that no handout material regarding cellular sites were given out at the recent
Monterey Planner's Institute.
Clyde Hennessee did not feel that Jones Intercable has utilized its increased cable
fees to improve the system. He believed there should be more than one cable
system offered in D.B. to insure price competition and better service.
Dr. Lawrence Rhodes suggested the City research the local waste hauler's green
waste recycling system. He said that although Jones Intercable did not have the
programming he desired, they had provided him with good service.
5. SCHEDULE OF FUTURE EVENTS:
5.1 TOWN HALL MEETING - March 22, 1997 - 9:00 a.m. to Noon, AQMD
Auditorium, 21865 E. Copley Dr. - Discussion of Development Code.
5.2 PARKS MASTER PLAN WORKSHOP - March 24, 1997 - 7:00 p.m., Heritage
Park Community Center, 2900 S. Brea Canyon Rd.
5.3 PLANNING COMMISSION MEETING - March 25, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
MARCH 18, 1997 PAGE 3 CITY COUNCIL
5.4 PARKS & RECREATION COMMISSION - March 27, 1997 - 7:00 p.m.,
AQMD Board Hearing Room, 21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - April 1, 1997 - 6:30 p.m., AQMD Auditorium,
21865 E. Copley Dr.
5.6 CITY ANNIVERSARY CELEBRATION - April 20, 1997 - 12:00 noon to 5:00
p.m. - Peterson Park.
6. CONSENT CALENDAR: C/Ansari moved, MPT/Herrera seconded to
approve Consent Calendar. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS - Ansari, Harmony, MPT/Herrera, M/Huff
NOES:
COUNCIL MEMBERS - None
ABSENT:
COUNCIL MEMBERS - Werner
6.1 APPROVED MINUTES -
6.1.1 City Council Work Session of March 4, 1997 -as submitted.
6.1.2 Regular Meeting of March 4, 1997 -as submitted.
6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES:
6.2.1 Regular Meeting of December 19, 1996.
6.2.2 Regular Meeting of January 23, 1997.
6.3 APPROVED VOUCHER REGISTER - dated March 18, 1997 in the amount
of $237,652.83.
6.4 RESERVED TDA ARTICLE 3 (SB821) ALLOCATION FOR FISCAL YEAR
1996-1997 in the amount of $22,945.
6.5 APPROVED INCREASE IN CONTRACT AMOUNT FOR LEGAL SERVICES
- by Michael B. Montgomery related to the Days Hotel Transient Occupancy
Tax (TOT) lawsuit in the amount of $5,000 for a total contract amount of
$35,000.
6.6 AWARDED ENGINEERING DESIGN SERVICES FOR AMBUSHERS
STREET AND MEADOWGLEN ROAD PUBLIC STREET IMPROVEMENTS -
to Dewan Lundin & Assoc. for Ambushers St. and Meadowglen Rd. public
street improvements in an amount not -to -exceed $16,535, along with a
contingency amount of $2,000 for contract amendment(s), to be approved
by the City Manager, for a total authorization of $18,535.
7. PUBLIC HEARINGS: None
MARCH 18, 1997 PAGE 4 CITY COUNCIL
8. OLD BUSINESS:
8.1 AN ORDINANCE OF THE CITY OF DIAMOND BAR AUTHORIZING THE
RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE CITY AND JONES INTERCABLE, INC. AND
CONCURRENTLY AUTHORIZING THE ASSIGNMENT OR TRANSFER OF
THAT FRANCHISE AGREEMENT BY JONES INTERCABLE, INC. TO
CITIZENS CENTURY CABLE TELEVISION VENTURE - In response to
C/Harmony, CM/Belanger stated that, in general, if a contractor agrees as
a condition of the contract renewal, to improve the system within two years
and fails to do so, unless the City acquiesces, the agreement would be
breached.
ACA/Susskind stated that the scheduled upgrade is an exhibit to the
contract. Any breach of the schedule would be a breach of the contract and
subject to enforcement as outlined in Section 11 of the agreement.
C/Ansari asked for clarification of local origination programs and what it
would cost for the City to have its own origination studio. She thanked Jones
Intercable for their good customer service.
Janet Spatz, Manager, Jones Intercable, explained that if Jones Intercable
fails to meet its contract obligations, the City is entitled to liquidated
damages of up to $1,000 per day. In addition, Jones Intercable posts a
$500,000 bond in favor of the City.
Don Schad complained about the City Council meeting's audio provided by
Jones Intercable. He did not feel the City should award a 10 -year franchise.
and that the contract should include a clause to terminate if the relationship
is unsatisfactory.
Jack Gutowski, Kiowa Crest, asked if there are other systems interested in
serving the community, if the City has asked for bids and if a 15 -year
contract would lock the City into an obsolete system.
Following discussion, MPT/Herrera moved, C/Ansari seconded to approve
for first reading by title only and waive full reading of Ordinance No. 97 -XX.
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS - MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS - Ansari, Harmony
ABSENT: COUNCIL MEMBERS - Werner
ACA/Susskind explained that due to lack of rate regulation power, new cable
features cost the subscriber extra dollars. Therefore, the City considers
Council requests, staffs input and the community's wish list to determine
what items will be included within the contract. Additional features are
MARCH 18, 1997 PAGE 5 CITY COUNCIL
available at a cost to the subscriber.
C/Harmony stated he wants the full range of options available to subscribers.
C/Ansari reiterated her desire to know the cost for a City owned origination
studio.
Council concurred to continue the matter to April 1, 1997.
9. NEW BUSINESS:
9.1 PARKS & RECREATION COMMISSION VACANCY APPOINTMENT - Due
to the passing of Oscar Law, a new Commissioner must be appointed.
Continued to April 1, 1997.
RECESSED TO DIAMOND BAR REDEVELOPMENT AGENCY MEETING: 8:15 p.m.
RECONVENE: M/Huff reconvened the City Council Meeting at 9:55 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS: C/Ansari stated that she met with the
Southern California Association of Governments last week concerning the unapproved
proposed 2 cents per gallon Federal tax for Californians. A Legislative Committee meeting
is proposed for April 11, 1997 at Davidson Center. She also attended the Four Corners
meeting last week and participated in a corridor transportation discussion.
M/Huff announced that the upgraded version of City -On -Line is being tested prior to public
release. The City hosted a successful Chamber of Commerce mixer last week. He
encouraged local businesses to support the Chamber. He reported on the Four Corners
endorsement of the Council of Governments' proposed 71/91 freeway connection.
11.COUNCIL COMMENTS: C/Harmony asked to have the redevelopment
issue be placed on the ballot for public vote. He said he attended Philip Kuida's funeral
earlier in the day.
C/Ansari reported on her attendance at the Walnut Sheriffs Booster Club Committee
meeting recently. She congratulated Kalil and Song Bendib on their recent wedding and
asked that the death of local business owner David Jewell be acknowledged.
MPT/Herrera reported that she, M/Huff and CM/Belanger attended the Washington D.C.
National League of Cities Conference last week. Discussion topics included "Electrifying
Opportunities for Cities" and "The New World of Utility Deregulation."
M/Huff reiterated that the purpose for attending the League of Cities Conference was to
participate with neighboring cities to procure funds for improving the Alameda corridor.
12. ANNOUNCEMENTS: None
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JANUARY 28, 1997
CALL TO ORDER:
Chairman Goldenberg called the meeting to order at 7:04 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by C/Schad.
ROLL CALL:
Present: Chairman Goldenberg, Vice Chairman Ruzicka,
and Commissioners, McManus and Schad
Absent: Commissioner Fong
Also Present: Community Development Director James
DeStefano, Senior Planner Catherine Johnson,
and Assistant Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of January 14, 1997.
VC/Ruzicka made a motion, seconded by C/Schad, to approve the
minutes of January 14, 1997 as presented. Without objections,
the motion was so ordered.
OLD BUSINESS - None
NEW BUSINESS:
1. Wireless Telecommunications Facilities.
Responding to the Planning Commission's request, CDD/DeStefano
presented a report regarding wireless telecommunications
facilities. With the cooperative effort of neighboring cities
staffs and telecommunications carriers LA Cellular, Cox
California and the Keith Companies, staff compiled the report.
CDD/DeStefano explained the three currently utilized wireless
telecommunications facilities known as the Cellular Systems,
the Personal Communications Services (PCS) digital systems,
and Enhanced Specialized Mobile Radio (ESMR) analog digital
systems. Transmission signals replicate and amplify voice
messages carried from transmitting antennas to receiving
antennas. He pointed out the advantages and disadvantages of
the systems. Presently, five providers serve the Southern
California area: AirTouch, LA Cellular, NexTel, PacBel Mobile
Services, and Cox Communications. There are seventeen
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 11, 1997
CALL TO ORDER:
Chairman Goldenberg called the meeting to order at 7:05 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by VC/Ruzicka.
ROLL CALL:
Present: Chairman Goldenberg, Vice Chairman Ruzicka,
and Commissioners, Fong, McManus and Schad.
Also Present: Community Development Director James
DeStefano, Senior Planner Catherine Johnson,
and Assistant Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of January 28, 1997.
VC/Ruzicka made a motion, seconded by C/Schad, to approve the
minutes of January 28, 1997 as presented. The motion carried
4-0-1 with C/Fong abstaining.
OLD BUSINESS - None
NEW BUSINESS:
1. Planned Sign Program 97-1, a request to install a new free-
standing monument sign.
Project Location: 23300 Golden Springs Drive, Diamond Bar
Project Owner/ Mt. Calvary Lutheran Church, 23300
Applicant Golden Springs Drive, Diamond Bar, CA
AstP/Lungu presented the staff report. Staff recommends that
the Planning Commission approve Planned Sign Program 97-1,
Findings of Fact and conditions as listed within the
resolution.
Chair/ Goldenberg suggested the size of the address portion of
the sign be increased for safety purposes.
AstP/Lungu responded to C/Fong that the City's Public Works
Department reviewed the proposal and determined that the sign
placement will not impede the clear line -of -sight. The sign
will be placed five feet back from the swale and behind the
sidewalk. Its placement in this location will not present a
FEBRUARY 11, 1997 PAGE 2 PLANNING COMMISSION
hazard to vehicles traveling Golden Springs Drive or entering
and exiting the project site.
VC/Ruzicka moved, C/McManus seconded, and carried 5-0 to
approve Planned Sign Program 97-1, Findings of Fact and
conditions as listed within the resolution.
PUBLIC HEARING - None
PLANNING COMMISSION ITEMS:
C/Schad asked the Commission, staff and public to observe a moment
of silence in honor of Parks and Recreation Commissioner and
community activist Oscar Law.
INFORMATIONAL ITEMS:
CDD/DeStefano stated the Traffic and Transportation Commission will
review the Planning Commission's request for consideration of a
Traffic Study for the median break area on Diamond Bar Boulevard
between the adjacent Diamond Bar Towne Centers at its February 13,
1997 meeting. The recommendation requests that the shopping
centers participate in the study's cost.
CDD/DeStefano introduced Planning Technician Susan Cole.
CDD/DeStefano recommended that VC/Ruzicka contact the City's
Building Department regarding Traffic Study recommendations.
Chair/Goldenberg referred the Commissioners to a letter from
Douglas and Mary Yuen referencing Conditional use Permit 96-10 and
Development Review 96-9.
ADJOURNMENT:
At 7:20 p.m., there being no further business to come before the
Planning Commission, Chair/ Goldenberg adjourned the meeting in
honor of Oscar Law. The next regular Planning Commission Meeting
is scheduled for February 28, 1997.
Respectfully Submitted,
s/ J --es DeS ef;gnQ
ames DeSterano
Community Development Director
Attest:
/sl Michael Goldenberg
Michael Goldenberg
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 251 1997
CALL TO ORDER:
Vice Chairman Ruzicka called the meeting to order at 7:07 p.m. at
the South Coast Air Quality Management Auditorium, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by C/McManus.
ROLL CALL:
Present: Vice Chairman Ruzicka, and Commissioners,
Fong, McManus and Schad.
Chairman Goldenberg arrived at 7:17 p.m.
Also Present: Community Development Director James
DeStefano, Senior Planner Catherine Johnson,
and Assistant Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of February 11, 1997.
C/Schad made a motion, seconded by C/McManus, to approve the
minutes of January 28, 1997 as presented. Without objection,
the motion was so ordered.
OLD BUSINESS - None
NEW BUSINESS - None
PUBLIC HEARING:
1. Conditional Use Permit 96-10 and Development Review 96-9, a
request for the co -location of unmanned, wireless
telecommunications transmission facilities by two service
providers consisting of antennas to be located on a proposed
barn, and equipment cabinets to be located within the barn and
also next to the barn behind a fenced enclosure. This
proposal also includes an amendment to Tract map 42584
removing an easement from said Map restricting vehicle ingress
and egress to Armitos Place.
Project Address: 24401 Darrin Drive (northwest corner
Darrin Drive and Armitos Place)
Applicants: Cox California PCS, Inc., 18200 Von
Karman Avenue, Suite 100, Irvine, CA
92612, and Pacific Bell Mobile Services,
5959 W. Century Boulevard, Los Angeles,
CA 90015
FEBRUARY 25, 1997 PAGE 2 PLANNING COMMISSION
Property Owners: Eric and Robin Stone, 24401 Darrin Drive,
Diamond Bar, CA 91765
CDD/DeStefano presented the staff report. Pursuant to
applicant's request to continue the item to March 11, 1997,
staff recommends that Conditional Use permit No. 96-10 and
Development Review No. 96-9 be continued to March 25, 1997.
Chair/Goldenberg arrived and assumed the Chair.
James Bartley, 411 Carpio Drive, stated that he feels the
previously proposed barn structure is unsightly. He does not
understand why antennas have to be placed in a residential
area.
Horacio Briz, 420 Carpio Drive, asked the height of the
antenna, whether the City has conducted studies related to the
impact on the neighborhood, and if night lighting is proposed.
He stated that the project will impact the neighborhood and
the residents do not want the type of building that has been
proposed to be located in the neighborhood. The residents
will fight against the project.
Mel Davis, 419 Carpio Drive, stated he is against the project
which conflicts with the General Plan zoning. He indicated
that he purchased his property 20 years ago primarily for the
view of the hills and mountains, not a view of any antennas
which may or may not have blinking red lights due to excessive
height. He asked if the City has imposed a height and size
limit for antennas, and if not, why not? He said he does not
understand why the City would want to place antennas above
ground less than one mile from a City beautification project
that involves undergrounding utilities. He further stated he
is concerned about the City proposing to remove and
ingress/egress map restriction to Armitos Place. He suggested
the City consider a Golden Springs Road ingress/egress or a
westerly access road which would parallel the SR60 freeway to
the Diamond Ranch High School. If the applicants feel this
facility is necessary they should consider placing it on the
Diamond Ranch High School property in order to financially
benefit the community. He said he understands the property
contains a deed restriction which requires the property owner
to secure written approval from a percentage of neighborhood
property owners prior to development of the property. He
asked if such an approval had been submitted to the City. He
urged the Commission to deny the project.
Pat H., 540 Macenta Lane, asked if the proposed project will
create additional interference with her television
transmission.
Mary and Doug Yuen, 379 Armitos Place, stated they are opposed
to the project. She presented a petition containing
FEBRUARY 25, 1997 PAGE 3 PLANNING COMMISSION
signatures of five neighbors residing adjacent to the project.
She indicated her neighbors are concerned that their views
will be obstructed by the barn structure. In addition, the
residents are concerned about the long term health impacts
from constant low level radiation exposure and about the
reduction of property values. She asked the Commission not to
set a precedent by allowing residents to place antennas in
their back yards. She indicated that neighboring city
officials told her antennas would not be allowed on
residential properties in their communities. She asked the
Commission to follow a policy of "prudent avoidance" such as
the one practiced by San Diego which states that "wireless
communications facilities, due to perceived concerns about
health impacts, should not be located in areas where people
would be exposed to them for prolonged periods of time". She
suggested the antennas be placed on City property in order for
the City to benefit from the lease payments. She asked the
Commission to deny the project.
Marie Nguyen, 367 Armitos Place, expressed concerns about her
children's health. She is also concerned about property
values. She pleaded with the Commission not to allow the
antennas to be placed on residential property. She suggested
the antennas be placed on City owned property instead.
Joe Serrano, 365 Carpio Drive, stated he agrees with previous
speakers.
James Golondzinier, 24339 Northview Place, stated he has no
problem with the owner placing a barn on his property. He
voiced his concerns that the 19 foot high antennas may need to
be higher in the future as technology advances. He asked if
the approval will state the maximum number of antennas and the
maximum height, width and diameter that will be allowed. He
said that his employer (Los Angeles County Fire Department) is
concerned about health and safety issues related to EMF's. If
any EMF's will be emitted from the proposed site, the project
should not be placed in a residential area.
C/Schad asked Mr. Golondzinier if there is a possibility of
frequency impediment with respect to the adjacent fire
station's communications equipment.
Mr. Golondzinier stated he does not know the specifics and is
not before the Planning Commission as a representative of the
Los Angeles Fire Department. He suggested C/Schad contact his
employer's communication department.
Bruj Sharma, 24356 Darrin Drive, spoke against the project.
He stated he believes the party who selected the project site
has no regard for the residents. Studies regarding EMF
radiation safety concerns are inconclusive. He asked if the
applicant can guarantee that residents will not be adversely
FEBRUARY 25, 1997 PAGE 4 PLANNING COMMISSION
impacted. He concurs with other neighborhood residents who
feel property will be devalued in the area and that the
antennas could be raised to a significantly greater height in
the future. He said he believes it is inhumane for the
property owner to consider placing antennas in a residential
neighborhood for personal financial gain.
Edward Le Van, 24365 Darrin Drive, stated he would like to
have cellular service in the area. He believes people are
objecting to the project out of fear. He said he feels the
project should go forward.
Helen Britt, 24313 Vista Buena Drive, stated that as a nurse
practitioner, she believes it is unconscionable that the City
is considering this project. Research indicates that this
type of radiation effects children and causes cancer. The
incidents of cancer in children is much greater than that of
adults. This item should not be continued because it is
totally wrong.
Chair/ Goldenberg explained that a project is approved with
certain conditions. An applicant must apply to the City if
he/she wishes to make changes to the project after the fact.
C/Schad stated some of the citizen's concerns are valid. The
type of antennas proposed are very high frequency line -of -site
installations that do not pose a significant emission risk.
He suggested that in addition to southerly and westerly
exposure, this location could accommodate northerly
transmission. He said that in his opinion, this form of
communication would not be detrimental to individual health
and safety. He asked to know the frequency and power
transmission. He suggested the existing light towers be
considered as facilities for housing communication antennas.
If the antenna structures were placed closer together, the
power conditions could be reduced by about 75 percent.
C/Fong encouraged the applicant to locate an alternate project
site.
VC/Ruzicka moved, C/Schad seconded, to continue Public Hearing
Conditional Use Permit 96-10 and Development Review 96-9 to
March 25, 1997. Without objections, the motion was so
ordered.
2. Development Review No. 97-1, a request (Pursuant to Code
Section 22.72.010 and 22.72.020(4) to convert an existing
Unocal service station to an unattended retail gas station
with the existing service bays remaining operational. The
fueling function of the facility will be operated completely
without attendant participation similar to commercial
"cardlock" type facilities. The site will be monitored by a
"host site" which is available to assist customers audibly via
FEBRUARY 25, 1997 PAGE 5 PLANNING CONKISSION
an intercom and visually via a security camera which will
monitor all functions 24 hours per day, 7 days per week.
Project Address:
2875 Diamond Bar Boulevard
(Northwest
corner
Diamond Bar Boulevard
and Cold
Springs
Lane)
Applicant:
Tait &
Associates, Inc., 1100
Town and
Country
Road 11200, Orange, CA
92868
Property Owner:
Diamond
Bar Plaza, 954 Schumacher Drive,
Los Angeles, CA 90048
SP/Johnson presented the staff report. Staff recommends that
the Planning Commission approve Development Review No. 97-1,
Findings of Fact and conditions as listed within the attached
resolution.
Chair/Goldenberg opened the Public Hearing.
Joe Ingram, 2875 S. Diamond Bar Boulevard, stated he is the
project's Dealer. He favors the proposed project because it
will eliminate the need for him to provide an evening
attendant. He said he feels the on-site security cameras will
provide a measure of safety for the night time customers.
John Murphy, 76 Products Company, 7 Capobella, Irvine, CA
92614, asked that the Planning Commission approve the project
as proposed. He stated he has read staff's report and concurs
with the conditions of approval. He asked for clarification
of the one year review condition and the condition requiring
the submission of a 30 day lighting plan.
CDD/DeStefano responded that the status of the project will be
reviewed by the Planning Commission through the public meeting
process. He confirmed that the lighting plan is to be
submitted within 30 days prior to the plan check process.
Mr. Murphy thanked SP/Johnson for her professionalism and
spirit of cooperation. He said it has been a pleasure for him
to work with a business -friendly City.
Mr. Murphy responded to VC/Ruzicka that the project lighting
will be upgraded to current standards which will present no
impact to the adjacent residential areas. The primary feature
of the upgraded station will be the ability for the unattended
machines to receive cash as well as, credit cards.
Mr. Murphy confirmed to C/Schad that the machines will accept
only exact change.
Mr. Ingram confirmed to C/Fong that the station will provide
free water and air.
Chair/Goldenberg closed the public hearing.
FEBRUARY 25, 1997 PAGE 6 PLANNING COMMISSION
VC/Ruzicka moved, C/Schad seconded, to approve Development
Review No. 97-1, Findings of Fact and conditions as listed
within the resolution. Without objections, the motion was so
ordered.
PLANNING COMMISSION ITEMS - None
INFORMATIONAL ITEMS:
1. Development Code Town Hall Meeting Update:
The Commission concurred to schedule the Town Hall Meeting for
March 22, 1997 from 9:00 a.m. to 12:00 noon at the South Coast
Air Quality Management Auditorium, 21865 East Copley Drive.
The Commission supported staffs list of potential discussion
topics for the meeting.
ADJOURNMENT:
At 8:40 p.m., there being no further business to come before the
Planning Commission, Chair/Goldenberg adjourned the meeting to
March 11, 1997.
Respectfully Submitted,
/G/ -T--eq T)e,,-ref-qTTo
James DeStefano
Community Development Director
Attest:
/s/ Michael Golclenherg
Michael Goldenberg
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
JANUARY 9, 1997
CALL TO ORDER:
Vice Chair/Leonard called the meeting to order at 7:07 p.m. at
the South Coast Air Quality Management District Hearing Room,
21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by C/Nice.
ROLL CALL:
Commissioners: Vice Chair/Leonard, Commissioner Nice,
Tamaya,
Absent: Chair/Istik and Commissioner Virginkar
Staff: Deputy Director of Public Works David Liu;
Assistant Engineer Rose Manela,
Administrative Assistant Tseday Aberra; and
Sergeant Rawlings.
I. APPROVAL OF MINUTES
A. Minutes of November 14, 1996. C/Tamaya made a
motion, seconded by C/Nice, to approve the minutes
of November 14, 1996 as presented. The motion was
approved 3-0.
II. COMMISSION COMMENTS
C/Tamaya asked for status of the proposed Quail Summit
Drive and Montefino Avenue at Diamond Bar Boulevard
traffic signals.
DDPW/Liu responded to C/Tamaya that the City Council
will review staff's proposal to design and construct
both traffic signals. The Quail Summit Drive Traffic
Study will be presented to City Council on January 21,
1997.
Responding to C/Nice, DDPW/Liu stated there are two
Deer Crossing signs located on Pathfinder Road. He
indicated he will ask Mr. Don Schad where he wishes to
have additional signs located and report back to the
Commission.
JANUARY 9, 1997 PAGE 2 T&T COMMISSION
III. PUBLIC COMMENTS - None
IV. CONSENT CALENDAR - None
V. OLD BUSINESS - None
VI. NEW BUSINESS:
A and B. Stop Sign Warrant Analysis at Mountain Laurel
Way/Maple Hill Road, Brea Canyon Road/Silver
Bullet Drive, Brea Canyon Road/Copper Canyon
Road, Los Cerros Drive/Fern Hollow Drive,
Clear Creek Canyon Drive/Cleghorn Drive, and
Mountain Laurel Way/Pecan Grove Drive.
DDPW/Liu presented the staff report. Staff
recommends that the Traffic and
Transportation Commission recommend to City
Council the installation of multi -way stop
signs at the intersection of Mountain Laurel
Way and Maple Hill Road, and Fern Hollow
Drive and Los Cerros Drive. Staff further
recommends that the Traffic and
Transportation Commission postpone
recommendation with respect to Pecan Grove
Drive at Mountain Laurel Way.
VC/Leonard opened public testimony.
John Vaughan, 1921 Los Cerros Drive, asked
the Commission to recommend installation of a
four-way stop at Los Cerros Drive and Fern
Hollow Drive.
Glen Thomas, 1954 Los Cerros Drive,
reiterated Mr. Vaughan's request that the
Commission recommend installation of a four-
way stop at Los Cerros Drive and Fern Hollow
Drive. He indicated he is concerned about
school students crossing Los Cerros Drive.
VC/Leonard closed public testimony.
C/Tamaya moved, C/Nice seconded, to approve
staff's amended recommendation to recommend
to the City Council the installation of
multi -way stop signs at the intersections of
JANUARY 9, 1997 PAGE 3 T&T COMMISSION
Fern Hollow Drive/Los Cerros Drive and
Mountain Laurel Way/Maple Hill Road, and for
staff to further evaluate the multi -way stop
sign proposal for the intersection of
Mountain Laurel Way and Pecan Grove Drive for
the March 13, 1997 Traffic and Transportation
Commission meeting. The motion was carried
3-0.
C. Parking citation for an unattached trailer.
Don Hartshorn, 229 Tanforan Lane, stated he
received a citation for failure to attach a
towing vehicle onto a trailer overnight. He
indicated he is not protesting the $30 fine
even though he was unaware of the existing
Ordinance. He is protesting the Ordinance.
He asked that the Traffic and Transportation
Commission considering recommending that the
Ordinance be changed to grant the same street
parking right and privilege to unattached
vehicles as it does to recreational vehicles.
Sgt. Rawlings reminded the Commissioners that
in accordance with requests from the Traffic
and Transportation Commission and the City
Council, the Sheriff's Department has conduct
more strict enforcement of the city's parking
laws.
C/Tamaya agreed with Mr. Hartshorn's request
for equal treatment.
VC/Leonard concurred with C/Tamaya and Mr.
Hartshorn regarding equal treatment. She
indicated she is not in favor of overnight
parking on city streets.
C/Nice stated that in his opinion, he does
not believe the ordinance will be changed to
allow for less restriction. The alternative
is to place additional restrictions on
recreational vehicles which he believes would
be a more likely occurrence.
VC/Leonard concurred with C/Nice. She
suggested that unattached vehicles be allowed
JANUARY 9, 1997
VII.
PAGE 4 T&T COMMISSION
24 hour street parking.
C/Tamaya concurred with VC/Leonard's 24 hour
parking proposal for all recreational
vehicles. He suggested the ordinance be
rewritten rather than allowing exceptions
such as city issued permits.
C/Nice stated that in his opinion, the
ordinance does not promote equal treatment.
Sgt. Rawlings stated that Mr. Hartshorn has a
problem he needs to solve rather than ask the
city to intervene.
VC/Leonard stated the city's parking
ordinance is abused. If the ordinance is
made less restrictive, the abuse will
increase.
C/Nice and C/Tamaya concurred.
C/Tamaya suggested the Commissioners consider
the matter further and schedule the item for
future discussion.
C/Nice requested staff to provide other city
parking ordinances to the Commissioners for
consideration.
STATUS OF PREVIOUS ACTION ITEMS
DDPW/Liu reported that on January 7, 1997, the City
Council approved 20 feet of red curbing on each side of
the drive approach along with 210 feet of red curbing
on the parking lot side of Paul C. Grow Park, and the
reinstallation of the "No Stopping Anytime" signs on
the easterly side of Brea Canyon Road north of
Pathfinder Road and Plaza Diamond Bar's driveway.
VIII. ITEMS FROM COMMISSIONERS
C/Tamaya presented a copy of the Neighborhood Street
Traffic Management Conference Summary report for
distribution to the Commissioners. He commented that
other cities experience enforcement problems. He
presented a flyer representing Oakland, California's
JANUARY 9, 1997 PAGE 5 T&T COMMISSION
traffic safety publicity campaign. He suggested
Diamond Bar adopt a similar program.
IX. ITEMS FROM STAFF:
DDPW/Liu stated that on January 21, 1997 staff will
present the following items to City Council for
consideration: 1) Double yellow centerline striping
on Prospectors Road 2) Quail Summit Drive/Country View
Drive/Rolling Knoll Road Neighborhood Traffic Study 3)
recommendation for awarding a contract to Austin -Foust
and Associates for a comprehensive Traffic Study at all
school sites in Diamond Bar.
A. Monthly Traffic Enforcement Update: Sgt. Rawlings
presented the Traffic Enforcement Update for 1996.
The 1996 Enforcement Index was 33.0%
X. INFORMATIONAL ITEMS - None
XI. ADJOURNMENT
There being no further business to come before the
Traffic and Transportation Commission, C/Nice made a
motion, seconded by C/Tamaya to adjourn the meeting.
Vice Chair/Leonard adjourned the meeting at 8:40 p.m.
to February 13, 1997.
Respectfully,
/s/ David G. Liu
David G. Liu
Secretary
Attest:
/s/ Joyce Joonard
Joyce eonard
Vice -Chair
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
FEBRUARY 13, 1997
CALL TO ORDER:
Chair/Istik called the meeting to order at 7:05 p.m. at the South
Coast Air Quality Management District Hearing Room, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by C/Tamaya.
ROLL CALL:
Commissioners: Chair/Istik, Vice Chair/Leonard,
Commissioners Tamaya and Virginkar
Absent: Commissioner Nice
Staff: Deputy Director of Public Works David Liu;
Assistant Engineer Rose Manela,
Administrative Assistant Tseday Aberra; and
Sergeant Rawlings.
I. APPROVAL OF MINUTES
A. Minutes of January 9, 1997. The approval of the
minutes of the January 9, 1997 meeting were
continued to March 13, 1997.
II. COMMISSION COMMENTS
Chair/Istik stated that today he attended funeral
services for Parks and Recreation Commissioner and
Community Activist Oscar Law. He said the Rabbi
indicated we should remember Oscar and what he
campaigned for including a Senior Center and parking at
Heritage Park.
III. PUBLIC COMMENTS: Craig Clute, 21217 Fountain Springs
Road, stated he thinks the public notice colored
envelopes are a good idea. He asked staff to consider
a different color rather than yellow. He said he is
disappointed that it took so long to approve the sound
signalization. He hopes the City proceeds with
installation immediately. He indicated he is
disappointed with City Council's response to the Quail
Summit Traffic Study and asked the Traffic and
Transportation Commissioners to follow up with their
February 13, 1997 Page 2 T&T Commission
Council Members. With respect to the School Traffic
Study, a Walnut Sheriffs Department officer Matthew Lin
told him they are ready and willing to write tickets if
they are instructed to do so by the City Council. The
officer indicated that parents violate "No Parking
Zones" when officers are present because they know the
officer will not issue a ticket.
IV. CONSENT CALENDAR - None
V. OLD BUSINESS:
A. Request to red curb the entrance/exit driveway of
the Diamond Bar Post Office at Montefino Avenue -
Traffic circulation for Diamond Bar Postal Office
and Towne Centre Village.
DDPW/Liu presented the staff report. He indicated
this item previously appeared before the Traffic
and Transportation Commission. The City Council
has returned the item to the Commission for
further consideration. Staff recommends that the
Traffic and Transportation Commission discuss this
matter and direct staff to forward its
recommendation to the City Council.
VC/Leonard suggested the matter be continued to
March 13, 1997 in order to notify the surrounding
businesses. She asked if any red curbing would be
installed as a result of the traffic signal
installation at the intersection of Montefino
Avenue and Diamond Bar Boulevard.
DDPW/Liu responded that the Traffic Engineer will
design the channelization and circulation trunk.
He said he believes that prohibition of parking on
both sides of Montefino Avenue will result from
the traffic signalization of the intersection.
DDPW/Liu responded to C/Virginkar that the length
of red curbing is determined on a case-by-case
basis.
Responding to VC/Leonard, DDPW/Liu indicated staff
will proceed with the intersection designs for
Montefino Avenue and Quail Summit Road. The City
Council has requested consideration of the safety
February 13, 1997 Page 3 T&T commission
of the surrounding areas instead of limiting the
discussion to the Post Office and Towne Centre
Village entrances.
C/Virginkar stated he is concerned about who is
responsible for following through with changes to
the Post Office and Towne Centre Village
entrances.
Chair/Istik suggested consideration of one-way
only traffic through the Post Office parking lot
to help mitigate the overparking situation. The
City Council minutes indicate the concern was
expressed by the Post Office. However, the
Postmaster did not attend the City Council
meeting. He agreed that Mayor Huff's suggestions
for limiting Montefino Avenue street parking to 15
minutes would be reasonable and asking the Post
Office to take responsibility for a situation they
have created.
C/Virginkar stated he is concerned with the safety
issues.
C/Virginkar moved, VC/Leonard seconded, to
recommended red curbing as proposed by staff be
installed immediately and continue with
discussions involving the surrounding businesses.
C/Tamaya stated he believes by approving this
recommendation that the Commission runs the risk
of having the City Council overrule the Commission
a second time. He recommended that the motion
specifically state that the red curbing is a
separate issue and that the Commission considers
the issue of safety and sight distance warrant
immediate interim action.
C/Virginkar and VC/Leonard agreed to amend the
motion to include C/Tamaya's recommendation.
DDPW/Liu responded to C/Tamaya that the City is
unaware of any accidents occurring at the
location.
The motion was approved with the following Roll
Call vote:
February 13, 1997 Page 4 T&T commission
AYES: COMMISSIONERS: C/Virginkar, VC/Leonard,
C/Tamaya, Chair/Istik
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: C/Nice
Continuing with the discussion, Chair/Istik
concurred with the aerial map indications
recommending closure of one of the Diamond Bar
Boulevard Post Office entrances and initiating
one-way traffic entering from the Towne Centre
Village and exiting at Montefino Avenue.
C/Tamaya concurred that one-way traffic would be
appropriate. He recommended that the Postmaster
be asked which way he would prefer the one-way
direction.
C/Virginkar suggested staff meet with Postal
authorities and Towne Centre Village Management
Company personnel to discuss the recommendations
and report back to the Traffic and Transportation
Commission at the March 13, 1997 meeting.
DDPW/Liu stated the aerial map contained in the
Commissioner's packet does not reflect the current
conditions. Staff is not suggesting that the
Diamond Bar Boulevard entrance be closed.
However, the one-way in and out has been discussed
by staff.
DDPW/Liu stated the Postmaster has not returned
staff's calls. The Towne Centre Village
Management Company has not received any notice
from their lessee's regarding traffic concerns.
He indicated that in his opinion, a Commission
invitation to attend the March meeting may garner
a more favorable response.
The Commission concurred to request staff to
forward an invitation to the Post Office and the
Towne Centre Village Management Company to attend
the March 13, 1997 meeting.
VC/Leonard stated that the traffic signal may
mitigate the traffic concerns. She indicated that
if the Post Office and Towne Centre Village
Management Company do not respond to the
February 13, 1997 Page 5 TAT Commission
Commission's invitation, that the Commission
should move on to other areas of concern.
VI. NEW BUSINESS:
A. "No Parking 5:00 a.m. to 7:00 a.m., School Days
Only" signs on the east side of Brea Canyon Road
between Pathfinder Road and Fountain Springs Road.
AA/Aberra presented the staff report. Staff
recommends that the Traffic and Transportation
Commission concur with staff's recommendation to
consider the feasibility of incorporating the
following recommendations into the City-wide
comprehensive study:
1. Removal of the existing "No Parking 5:00 a.m.
to 7:00 a.m., School Days Only" signs on the
east side of Brea Canyon Road between
Pathfinder Road and Fountain Springs Road.
2. Extension of the existing red curb in the
right -turn pocket located at the southeast
corner of Brea Canyon Road and Pathfinder
Road; and
3. Red curb the curb return located at the
southeast corner of Brea Canyon Road and
Fountain Springs Road.
DDPW/Liu responded to C/Tamaya that staff
feels the study should be completed in its
entirety in order for appropriate
recommendations to be presented to the City
Council. The study is anticipated to be
completed within six months. Because there
are 12 schools involved, the study may take
longer. Staff intends to report back to the
Commission on individual school studies as
they are completed. There are a number of
inconsistencies related to Diamond Bar High
School parking.
C/Tamaya stated the study needs to proceed as
quickly as possible because schools will not
February 13, 1997 Page 6 T&T Commission
be in session during the summer months.
DDPW/Liu stated he will meet with Austin -
Foust & Associates next week to determine
what approach is most feasible. Staff
intends to proceed immediately to collect
data. However, staff and the consultant must
coordinate the data with School District
staff to establish reasonable and achievable
goals.
Chair/Istik moved, VC/Leonard seconded, to
recommend the incorporation of staff's
recommendations into the City-wide
comprehensive traffic study. Without
objections, the motion was so ordered.
B. Traffic circulation at median break on Diamond Bar
Boulevard between Grand Avenue and Clear Creek
Canyon Drive.
DDPW/Liu presented the staff report. Staff
recommends that the Traffic and Transportation
Commission discuss the median break on Diamond Bar
Boulevard between Grand Avenue and Clear Creek
Canyon Drive and provide input to staff as
necessary.
DDPW/Liu responded to C/Tamaya that staff is
recommending a consultant be hired to conduct a
traffic study for the median break.
Following discussion, C/Tamaya moved, VC/Leonard
seconded, to concur with staff's recommendation to
hire a consultant to conduct a traffic study for
the median break on Diamond Bar Boulevard between
Grand Avenue and Clear Creek Canyon Drive and to
seek financial contributions for the study from
the two shopping center management companies.
Chair/Istik expressed his concern that if this
request was a direct result of a Planning
Commission approval, perhaps the Planning
Commission should have considered making the
request a part of its initial approval.
The Commission concurred to direct DDPW/Liu to
February 13, 1997 Page 7 T&T Commission
respond with a memo to Community Development
Director James DeStefano regarding its concerns
with respect to Planning Commission approvals.
The motion was approved with the following Roll
Call vote:
AYES: COMMISSIONERS: C/Tamaya, VC/Leonard,
C/Virginkar
NOES: COMMISSIONERS: Chair/Istik
ABSENT: COMMISSIONERS: C/Nice
VII. STATUS OF PREVIOUS ACTION ITEMS
DDPW/Liu reported that on January 21, 1997, three items
were approved by the City Council: 1) Audible
pedestrian signal on Diamond Bar Boulevard at Fountain
Springs Road and on Brea Canyon Road at Pathfinder
Road. This item took longer to process than
anticipated due to the fact that the process involved
use of CDBG monies. The item has been approved and Los
Angeles County installation is scheduled to commence
the early part of April, 1997; 2) Quail Summit Road
Neighborhood Traffic Study, and 3) the Comprehensive
School District Traffic Study.
VIII. ITEMS FROM COMMISSIONERS:
C/Virginkar stated he received comments from a number
of Coyote Springs residents who expressed their
indignation about City Council's inaction on the stop
sign. The residents have indicated they would like to
discuss the matter with the Traffic and Transportation
Commission and will speak at the next City Council
meeting.
Chair/Istik asked when the balance of City handicapped
access ramps will be completed.
DDPW/Liu asked Chair/Istik to provide a list of
intersection locations about which he is concerned for
inclusion in the budget.
Chair/Istik asked if the City is contemplating a Tonner
Canyon Road.
DDPW/Liu responded that he is not aware of any current
February 13, 1997 Page 8 T&T Commission
IX.
plans for a Tonner Canyon Road. The Circulation
Element of the City's General Plan discusses a bypass
road outside of the SEA within the City's Sphere of
Influence. Staff is not aware of any construction
contemplated for the Tonner Canyon area.
C/Tamaya commended staff for proposing to reduce City
costs wherever possible by asking business to
contribute to studies that effect their locations and
businesses.
Chair/Istik concurred with C/Tamaya's remarks.
VC/Leonard asked about the outcome of the January 21,
1997 City Council Meeting Agenda Item 8.5.
DDPW/Liu responded to VC/Leonard that Item 8.5 was
tabled.
ITEMS FROM STAFF:
A. MEMORANDUM: Installation of "Deer Crossing"
sign(s).
DDPW/Liu stated that in response to Don Schad's
request, the City will be installing an additional
"Deer Crossing" sign on the east side of Brea
Canyon Cutoff Road just north of Fallowfield
Drive.
Don Schad expressed his desire for installation of
additional "Deer Crossing" signs to alert the
public that wildlife moves through the City and to
mitigate safety concerns. He asked the Commission
to consider installing additional "Deer Crossing"
signs on Grand Avenue.
B. Monthly Traffic Enforcement Update:
Sgt. Rawlings presented the December and January
traffic enforcement update.
C. Future Agenda Items:
Included in Commissioner's packets.
X. INFORMATIONAL ITEMS:
February 13, 1997 Page 9 T&T Commission
XI.
A. Verbal Presentation: Assessment of the potential
impact of the parking prohibition on the east side
of Brea Canyon Road between Lycoming Street and
Washington Street.
AA/Aberra reported that Janet Spatz, General
Manager of Jones Intercable, stated her company
has experienced no problems with respect to the
red curbing installation on Brea Canyon Road.
ADJOURNMENT:
There being no further business to come before the
Traffic and Transportation Commission, C/Tamaya moved,
VC/Leonard seconded, to adjourn the meeting in honor of
Parks and Recreation Commissioner Oscar Law. The
motion carried 4-0. Chair/Istik adjourned the meeting
at ???????? to March 13, 1997.
Respectfully,
/s/ David G. T,i u
David G. Liu
Secretary
Attest:
/s/ Jack Istik
Jack Istik
Chairman
0 $ -t
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Pro Tem Herrera and Councilmember Ansari
FROM: Linda G. Magnuson, Accounting Manager
SUBJECT: Voucher Register, April 1, 1997
DATE: March 27, 1997
Attached is the Voucher Register dated April 1, 1997. As requested,
the Finance Department is submitting the voucher register for the
Finance Committee's review and approval prior to its entry on the
Consent 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 April 1, 1997 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts:
FUND NO.
001
010
112
115
118
125
138
139
141
250
FUND DESCRIPTION
General Fund
Library Services Fund
Prop A Fund -Transit
Integrated Waste Mgt Fund
Air Quality Improvement Fund
CDBG Fund
LLAD #38 Fund
LLAD #39 Fund
LLAD #41 Fund
C.I.P. Fd
TOTAL ALL FUNDS
APPROVED BY:
J
Linda G. Magnuson
Accounting Manager
Terrence L. Belanger
City Manager
AMOUNT
$459,539.44
55.99
28,587.80
1,180.00
203.37
38.52
4,768.35
223.65
2,950.00
a�1; nn
$498,472.12
Carol A. Herrera
Mayor Pro Tem
Eileen R. Ansari
Councilmember
oF D�ano"d
8ar *4*
RUN 7IME 5503/��97';6j
E �
T.............04/01/97
VENDOR NAM[
VEN10R ID.
ALL -c- 0 U N T rrROi.TX'NO BATCH PO.LlNE/NO,
---'--__________--_—___—___—_'
EN
0LE
lN 1� jS
---__—_—____--'_—_—_______~_—'--'__'--_'
N
�4 M0 T DA-�7
AT & T
AT&T
���'4OYV'2125 1
7O4V1A
03/26
0*/01
Long Oiscxce Phne Svcs
67.71
TOTAL DUE VENDOR ---->
67.71
AT & T
AT&T
o001-4090-2125 4
70401A
03/217
04/01
Lcmy Distance Chgs
10.10
TOTAL DUE 'VENDOR ----->
N.\V
American Planning Assoc.
APA
*001-4210-2315 1
70401A
03/26
04/01
APAMembershpBnwl-OeStfno
630.00
TOTAL DUE VENDOR ----->
63V.00
D.Chamberlain Consulting
Khamber
f001'4090-M39 2
713401B 01/5545
03/26
04/Ol
9503210
Lan'Upgrde-UserPkge
648.42
TOTAL M VENDOR ---- >
*48.42
Bryan A. Stirrat & Assc
SryanStirr
*001-4510'5227 8
70401E 01/5267
03/26
O4/01
98718
EngrinspectnSvcs-Dec'Jam
190,32
TOTAL DUE VENDOR '''---->
190.32
CAW
CAAP
*0014,1110-21325
03/26
04/01
Evnt'4/19'Huff,Herrera
10O.00
0TAL DUE VENDOR -''-'''->
100.0O
Ca1ifornia Contract
CCCA
*001'4016'2325 2
704o1A
03/26
O4/O1
18.00
*O01-4020'2325 2
70401A
03/26
04/01
Gen Mtg'1/23'Cmgr
1O.00
TOTAL DUE VEN'ODR --------
36.O0
Car31 Dennis
Caro}Demni
-42i 0-4000 2
70401B 02/4671
(13/26
04/01
ADR�/V3
ADR
9O.00
*0;\'4V4V'4�00 2
704018 01/4671
03426
0-4/01
D8CCY782
rnt�ecrtry-CityCncl3/4
160.0O
*V�L-421�'4OOO 8
704018 02/4471
03/26
04/01
PC97V3
PlngCoaaMnts 2/25-3/11
240.00
/CV1 4S543O0 2
7-'4018 03/4671
03/26
04/01
fRR9703
Mrt2crtry'Pr'K'IRec2/27
380.00
»V01'4553'4000 2
70401B 04/4671
0O/26
04/01
79-702
MnceSecrtry'Trf&Trns2/13
20V.00
T:]TAL VEN20R --------
1.070.O0
Chiang, Hsiu Lan
22v�
x001'3478 6
704�1E
03/26
04/01
204ol
Recreation Refund
74.00
,'UT:L Ou[ VENDOR --''--'->
74.1,)0
Pjj ',q TlME� �5�55 7 i
L�ty
3 J u C
of G��mcru
6a **'
T��...........04/V�/97
VENGU8 wAnE
:ENDOR lD .
* * AT fl. * ^
ACCOUNT PROJ.7X'NO BATCH PO.L{NE/140.
ENTR!/0LE
lNVOlLE
8E671BIPTlOm
AMO�NT DATE
______'_____'_—____—'--_'—_—___--__''--'
__ __________—_________'--__—''
Cirtas Corp, #640
Cintas
VjO1-4310-2130 2
70401A 01/4630
V3/26 O4/0,1
640547207
Unifrm5PrkStaff-w/of3/10
17.28
*�O1-431O-21S0 4
'70401A 01/4L30
O3/26 04/01
64054946v
Jnifrms'PrkStaff-w/oF3/17
l7.28
TO7AL DUE VBvOOR -''''--->
34.56
City Clerks Assoc of Ca.
LlCAC
*001-4040-2330 2
70401A O1/552/
03/26 04/01
Cunf'4/24-26-Surge »s
��7AL [UE VENEOK >
l85.00
Co��ee Smi�n
CoHeeSmit
*801'409Q'2325 3
7041DlA 01/4555
03 6 04/01
3466
Coffee Svcs/Supplies
37.90
*001-4090-21�0 2
70401 ;2/
26 04/01
4646
Equip Rent -March
1Y.00
TOTAL DUE VENEOR --------
56.90
Community Disposal Co,
CcmU�sposl
*A',,1`4510-5501 2
70404A V1/4958
03/26 O
StreetSwpSvcs'12/30'1/26
7`949.88
k00, -4510-J501 4
704�1A O|/4Y58
03726 04/01
StreetS�epSvo'1/27'2/23
7,949.88
TGTAL DUE VENDUR '''-'--->
Camputer Applied Systems
CAS
*0C1'405O-4O30 2
i, J_1
33/26
973311
Finance Ccmptr Maint-Aprl
882.VV
TOTAL 3UE VENDOR ''---'—
VV
�onrad & Assuciates
Conrad
*OC.'4O50-4O10 2
70401E 01/557/5
03/2)6 V4/01
351,
FrstPrgrssPymt'AumtSvrs97
1,700.0*
"C"AL DUE VEx_ZOR ----''->
1,700.00
Coopriger' Watt
CmopriderW
*001'3473 1
70401A
03/26 04/1,)l
Re:.-ExcursEdwrdArfrcBse
9.00
TOTAL DUE VENDOR ---->
9.00
D'Antonio's 8isturante
U'Atonios
*06\-40yO-2395 1
70401A
03/26 04/O1
ChmbrMxr'GiftCertficate
25. 01) 04/01/97 00V0034,?52
TOTAL PREPAID AMOUNT '-''}
25.00
TOTAL DUE VENDOR --'''--}
0.00
D. B. Chamber of Co��rce
DBChamber
*001-4096'2110 2
70401A 02/5580
03/26 04/01
3010
Business Census Cards
595,00
*001'4090-2120 2
70401A 01/5580
03/26 04/01
3012
Postge-City Mixer
112.00
TOTAL DUE VENDOR ''-'---'>
707.00
RUN 7111;'.
YJ�CxE�
F�]lSr�K
p�� 3
vENCuK NAME "VENDOR lO
.
ACC3UNT P�GJ.TX-mO �AT�f PO.La��Q.
_—___'_—____--__—___-____'_-----_--__—__-------__—__--_----__-_—_____
_mTRc�uE
^�0�
��
���C- - - "[ON
AMC�NT 24�E ���CK
�� of T ransportation
*001-4510-5507 2 704O1B ".1 ;'4
0:'i"6 04/01
141459
Signa! .!Light Maint-Jan
1,Qq�'.99
rGTAL LLE VEQUOR --------
1,055.99
oewan Lundin & Assoc. Dewao
*250-45l0'6411 10897 1 704018
V3/26 04/01
g
50O.06
707AL DUE VENDOR -- ' -->
�_Iiamond Bar Petty Cash Patty -ash
*001-4O30-2325 3 704010
O3/2� 04/01
City Mgr Meetings
6.23
*001'4040'12OO � 704�1D
04/01
�xty �lerk Supplies
6.47
*"Y"11 -4090- 12200 5 704012
03/26 o4/��
Ger �o::Lppi�e=
19.03
*S01'4O90-231O
04 l
�en 'Govtfue1
5.00
*0 4090'2325 4 70401D
O3/26 04/01
Gen Govt -Meetings
7.99
-42 10-2325 1 D
03/26 ""4/01
-amm Dvlp7Meeti:gs21�..00
704011)*001-4310'l2VO 2 7O4O�
03/26 04/ VA
Comm Svcs -Supplies '
13.54
*0�1'435V-120V � 704O18
03/2-1 04/01
Recreation'Supp\ies
0.55
»001-4415'2200 1 70401G
03/26 04/01
V}t Ptr\'Equip Maint
10.81
TOTAL GU[ VENDOR ''''''''>
95.67
Diamond Bar Redevelopment LBarRDA
*001'1315 1 70401F
V3/26 04/01
Admce'4/18 Expendtres
11356.Y6
0[AL DUE vEND'OR -'''--->
11,356.96
lixon, Cynthia
*V0|'3478 1 70401E
03/26 04/01
2O030
Recreation Refund
25.O0
TUTAL OUE VENDOR '''''--->
25.OO
!:&A Federal Credit Union F&ACreditU
*6V�1-2110'1012 \ 70401A
03/26 04/01
PP6-PayrollDeducticms
3.214.75 04/01/97 0000034356
_10i -AL r'REPAlD AMOUNT —'->
3`2L4.75
TOTAL DUE VBNIOK ------>
0.00
Family Names Inc. FamilyName
*118-409G'4000 { 70401B
03/26 04/01
11731690
Annual'WebSiteDomainRgsto
24.00
TOTAL DUE VENDOR --------
24.0V
Federal Reserve Bank FegH*ser,e
*001-2110-1009 1 704019
03/26 04/01
Savings 8nnds'PP5/6
50.00
+^' y
"f:N IME:15�j5J3��/fr
T�z.............(�/:�/v�
`9COR NAME YENCGR rD
_
ACCOUN T PR0.TX-NC BATCHPO.LlNE/N0. �-1 RYi 0 ul E I N0l,Cr
_—_----___—_—__-_—_--------_'_---_—_----_—__—__—_----_--_—__-------'
Fuuc dl Transit
Fooc diTr
*112-4553-553S
2 740 S O1/��2
03�� O4/��
��
n��bstyPr�m'Mar h
1,141.60
*\12-4553'55J5
2 704(,.',18 02/5462
03/26 04/01
lrrstSubsdy-Fares'Mar h
4.3516.40
553-5535
4 704019 02y5462
O3/26 04/01
TrrstSLbsdy'Farse-Marc!�
166.20-
MAL DUE VENDOR '-''''''>
5,W�.8O
Frame Wcrks
-raneWsrks
*00�-4V9V-1,200
2 70401B 01/5511
03/26
FramzngServices-CAFRAward
57.37
TOTAL �DUE VENDOR --------
57.37
Franchise Tai Board
FraochiseT
*001'2110-10O9
2 704V1B
03/26 O4
WithholdOrder32z4V86Y0
50. CIO
rOTAL DUE V[N0UK '-'-----}
50.00
Francis, Joyce
2286
*OC1-3478
4 70401E
03/26 04/01 20493
Recreation Refund
35.00
TOTAL DUE Y[N8U8 --'---''>
85.0V
GTE California
GTE
*001'4331-2125
1 70401B
08/26 04/01
Phone Svcs-SycCynPrk
68.42
TOTAL 0u[ VENDOR ----->
68.42
STE California
G.E
*0C1-4314-2125
1 70401B
0/26 04/01
Phone Svc=,'HrtgePrk
27.03
TOTAL DUE VE0G8 ''---'''>
27.03
GTE California
ST[
n}01,'43 2125
2 704018
03/26 04/01
Pxone Svcs-SycCyn
56.26
TOTAL �UE vENJOR --------
26
6TE CaliForn1a
GTE
*001-4313-2125
1 704018
03/26 04/01
Phone Svcs-HrtgePrk
56.26
,O7AL EUE VENDOR '''''--'>
56.26
3TE California
GlE
*118'4098'2125
1 70401B
03/26 04/01
Phone Svcs -City On Line
179.37
D
RUN rIr�/ �5�55
��1G/9/
TH«;..............4/��'��
VENDOR N4n[
vEm�OR 0.
ACCOSNT
PROJ.TX-NO BATCH PO.LINE/ND,
EN" TR\/LiH
AMODAT�
___________________________
_ _________________________________________
__ __
Cali4�omia
5
GT -GTE
2 7O4O�8
03/26
Phone S.cs'Gldg&Sfty
132.14
-"7AL :UE VENDOR ''''--'}
132.14
GTE California
G/E
*001-4090-2125
3 70401B
03/26 04/01
Phone Svcs -Sen Govt
1,950.72
TOTAL DUE VENDOR --' >
1,950.72
GTE Zaiifnrnia
6[E
*0104355-2125
l 704018
03/26 04/01
Phone Svcs'LioryProj
55.99
TOTAL VEN�O8 ' --''''>
55.99
GTE California
�rE
*0V1'4331'2125
3 7O401B
03/26 04/01
Phone Svcs'SycCynPrk
59.92
MAL UU[ VENDOR ''—'-'->
59.Y2
GTE California
GTE
e0O1-4314-2125
2 70441B
03/26 04/01
Phone Svcs-HrtgePrk
32.89
7U7AL �;E VE��GK —'--->
32.8Y
Jer, Belle
DerB
*�01'3476
1 7O4�13
03/26 14/A1
3464t7
Refund TinyTuta
'IT AL 30[ vENUuR ''---'>
129 00
�ari, AnJali
2292
*0O1 -347O
'1 7O401E
03/26 V4/01
20614
Recreation Refund
74.00
T�TAL 8UE VENL'OR --'>
7�.0O
is, J. Michael MulsMike
'115'451j-5��
2 70401C 01/4796A
00/26 �4/�1
GT05/2-97
[ntegrtd�st��ctSv s -Feb
l,18O.00
TOTAL DUE VENDOR ---'--'>
1,180.0O
�yoroscape
Hydroscope
*01(4 -4310-12W
1 70401C O1/55V7B
03/26 04/01
14008180V
PVC Piping'Prk Supplies
12.51
TOTAL rUE VENDOR '-'' >
12.51
IC.1N Retiremet
Trust -457 lCMA
*001'2110'1007
2 7 0401
03/26 04/01
Apr'Payro}l Deductions
276.00
»001-4030'tjo8V
1 70401C
03/26 04/01
Apr -Contract Contrih
403.00
+001'4090'0090
1 70401C
03/26 04/01
Apr -Cafe Contrib'A\>Depts
8`206�93
TOTAL DLE VENDOR '--'--->
8'8az.93
3#
"
RUN TIME: 15:55 0-3/21PIP47L R r' t u T 5 T
LDLE THRL .............
VENDOR NAME VENDOR til. # >� FREPAID
ACCOUNT F'ROJ.TX-NO BATCH F'O.LINE/NO. ENTRY/DUEL INVOICE DES_�RIPTION AMOUNT DATE CSE
------------------------------------------------------------------------------------------------------------------------------------
ICMA Retirement -401 ICMA401
W1-1110-1007 1 70401C
Image lU Systems Inc. Image4Sys
*001-4090-2100 _ '[t4;1C 02/4«.4
2 704010 01/4559
inland Valley 31y 8ulletn I`.'DB
#0%01-Z300-1010 1 70401C
#041-2=!;!0-1014 ?4410
#0! 1-4040-2115 2 704 1C 01/4511
Latif:, Jack I s t 1 k J
*001-4553-41011 1 7v401c
_u5iclal Data Systems uL:�Sdtd y5
*i't"i-4411-540`_ 1 i 401D [ilr'S=i!4
p•-,� r;lp •-.. ,�Lr rr; :aper
ii -1-409:)-114[1 4 704010 01/`515
L.A. County -Sheriffs Oep LACSheriff
#fi11-4411-5401 1 70401C
L.A. County -Sheriff`; Dep LACSheriff
+101-4414-5401 1 70401C
'"A Fitness LAFitness
*001-2;00-1013 1 704410
#001-1307-1(113 2 704410
04/:1
Pp5b-C,rtrib-401a
1 1223. 06
TOTAL DUE VENDOR -------->
1,123.06
:':=02
Konica Copy Charges -Feu
32.07
4'3/16 04/01
237302
Konica Maint Svcs -Feb
159. IM
TO`AL DUE 'VENDOR --------)
191.07
1.3/2161 44/t?1
�_�4
11.�C::[•
Legal Ad-FF'L 9'-05517.104
04/01
11500034
Legal Ad -FPL 97-08
57.04
02/' 04/01
5±051, 3
LegalAds-Aids-DBRehab
55.58
TOTAL DUE VENDOR --------)
169.66
0'Q-' r•
/�_ �4;;;•1
T"T OOaT.sii rltg ?i13
40,00
i TAL _!;E 'y;u.DOR--------)
t�i'f _!4;uI
`rlrg iCvA/HrgFro,--Feb
c_ -
TWIT! � 1 r!-NDOR-------
rVL :1GE :,t,,-�.ux - }
� '.
� _ x.12
03/16 ","'4/011
1.544.51
Ccp:. Pa;:er
48.4.38
_'. �L Vk4i �R _-_____1
4"4. 3 8
03/26 041/01
_311ah
Fab -Contract Services
2 ' ;'a
>�-,",47.'
IGTAL DUE 'VENDOR --------)
2'49,47 .99
0'3/15 04/01
83157
Jan-Trfc7untrlSvcs-Ca1Chpl
5,49'2.8'2
TOTAL DUE 'VENDOR --------)
5,492.82
03/'26 04/01
Refnd-TempSignDepst 96-11
100.00
03/26 04/01
Refnd-TenpSignDepst 96-9
140.00
TOTAL DUE VENEU-R --------)
200.00
RUN TIME: 15;55 03/2O/97
_1UE rm0.............!')dY01/97
;ENOCR NAME
VENDOR. ID.
ACCOUNT PROJ.TX'NO
BATCH PO.�lNE/�}.
EwTkY/��
1��10E
[0�RlPrfUN
* * p��=lC * *
AnO�mT ��TE `*�Cx
—_--____—_--_--_______---__—_''—__--__'
------'--__--'_'—'---_
___—__ _
Laodscape West
LandscapeW
*141-4541-5503
2 r6431C 61/4614
Haint 2ist #z1 -Feb
2 951.O0
`0O1 4558-5508
2 704O�C O�/4o19
O3/26 Va/01
2�76
WeedAbateSvcs'peh
4`645.84
.
'G'AL DUE VEND'O� ' ''>
7,��.84
League of Ca. Cities
League
*0O1-4090'23,20
2 70401C 01/5546
VJ/26 04/01
StnWestCorpTickets
21�.00
0TAL DUE VENDOR '---''--}
216.VV
Lee, Debbie
2288
*001'3478
2 70401E
03/26 04/01
208
Recreation Refund
32.00
TOTAL CUE V8NE-OR -'''''-->
32.00
Leonard' Joyce
LeooardJ
*001'455S'4100
4 78401E
03/26 04/01
T&T Comm Mtg 3/13
40.00
TO[AL DUE VENU0R '-'-'--'>
4O.00
Lewis Engraving Inc.
LewisEo0ra
*V01'409'-2113
2 704O1C -1/5230
03/26 04/01
024374
EngravgSycs'7i1es
51.96
^0V1'4095'2113
4 70401C V1/5230
03/26 O4/01
24465
'EngravgSvcs-Tiles
51.96
TOTAL DUE VENDOR --''-'-->
l03.92
Linscott Law & Greenspan
Linscntt
*VV1'4553-4000
4 70401C 01/5532
03/26 04/01
3
MulLiWarStopAnalysis'Jan
4VV.VV
TOTAL DUE VENDOR ''---'->
4V0.00
Little Tykes Play Systents Little[yke
*001-4322-2210
2 70401C 01/5434
03/26 04/01
2421
P\ygrdEquip'8onKeagnPrk
94.77
TOTAL DUE VENDOR ---->
94.77
Los Angeles County
LACIntSvc
*001-409:0-2130
4 70401C 01/4658
08/26 04/01
484
Pager Reptal'Jam
�61.71
TOTAL DUE VENDOR -----'-'>
161.71
LOS Angeles County nTA
LACMTA
*112-4553-5533
4 70401C 01/5461
V3�26 04/01
3970714
Mar'TrstSubsdyPrgrm
331.60
*112-4553'5535
6 �40\C 02/5461
03/26 04/01
3970714
Mar'TrSu6sdy-Fares
597.40
no�� Bar **»
PI ��"1
P ',79EG�S-E9
�yE ........o4/V�,97
VEHU�R NAME
VENDDR lD.
ACCC�NT PR0d.7]-N0
_-____--_—____-____—'—_--_--_--__---------__--_--__---_—_—_-----_--'
BATCH PO.LlwE/uO.CE
8E., RPTPON
AM8UNT E
mniposa *orticuL
tura l
Mariposa
4538 55V0
1O V1/4617
03/26
04/01
15 1
Ma1ntst��-Fe
3,26r'.3C
80
raybees
Maybees
*001-4090'2325
1
70401A
O3/2�
TownHallrtgSuppl5'3/22
30.60 04/01/97 0VO�C3435G
TCTAL PREPAIO AM.GCNT
TOTAL DUE VENDOR ''--''''>
O.00
Mcconville. Gay
2287
*0V{'3478
3
70401E
03/26
04/01
20854
Recreation Refund
25.00
7OTAL DUIE VENDOR ''''''''>
25.0O
Metrolink
Metrolink
»I|2'4553-5533
6
7W)IC 01/5463
03/ 2 6
04/01
`
TrfetSubsdyPrgm'Marc h
4,434.60
*112-4553-5535
8
70401C 02/5463
03/26
04/01
rrnstSuasdyfaro*'March
17.:3'150.40
TOTAL DUE VENDOR ''-''''->
22,285.00
Miss 8zam000 Bar
Beauty
Mi5s88
*801-23�0'1O02
1
70401C
03/26
04/01
032544
Refod-SecDepst SycCyofrk
100.00
TOTAL DUE VENDOR ---->
10O.00
Miss Diamond Bar
Beauty
missUB
*00"'4095-2355
2
70401C 61/5536
03/26
04/01
Sponsorsnip'1997
1'-Jo0.m)
TUTAL 2U[ VENQ]R ''''-'-->
1.OV
Mob il
Mobil
*001'4210-2310
1
70401E 25/46-64
03/26
04m1
Feu -Fuel Plog
61.V8
`O0l'431O-23�O
\
70401[ 26/4660
03/26
04/01
Fab'Fuel Prk & Rec
251.60
*001-4415-2 10
1
70401E 27/4660
03/26
04/101
Feb'FueI Vitr Ptrl
124.1"
TOTAL DUE VENDUR '-'---->
436.78
Mconlight Press
MmonlightP
400 -4510-2110
2
70401C 01/5451
03/26
04/01
97064
Supplies -Envelopes
84.57
7GTAL 8UE VEIN'
[6R ----'-'>
84.57
Mt. Baldy United
Way
UnitedWay
*�01-2110-1O13
l
70401F
03/26
04/01
PP' /6 Payroll Deductions
57.00
,RUN TIME: i` =5 Y-2/2'1-'/97
';
u u C
H E Rz"
?
O B I E R
J_jE o
SUE T H R
L .............:'4/1'
VENDOR NAME
VENDOR ID.
# PREPAID r Y
ACCOUNT PRDJ.TX-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/NO.
ENT-,'i%DUE
!NVj.CE
AMC' ,rT DA E EHFr
Nextel Communications
Nextel
*001-4440-21'30
2 70401D 01/4?13
03/26
04/01
1348494
TwoWayRadioSvcs-Feb
21`x.10
TOTAL DUE VENDOR--------!
21".':.10
Nice, Stephen
NiceS
*001-4553-4100
2 7.0401E
03/26
04/01
T&T Comm Mtg 3/13
40.07
TOTAL DUE VENDOR-------->
40.00
Office Depot
OfficeC±epo
*001-4010-1200
1 70401D 31/4566A
03/26
04/01
019829938
Supplies-CCncl
127.89
*001-4030-1200
1 70401D 30/4566A
03/26
04/01
02014_'274
Supplies-Cmgr
47.38
*001-4040-1200
21 704010 29/4566A
03/26
04/01
020143293
Supplies-CClk
47.95
*001-4090-1200
8 704012 '28/45.66A
0?/26
04/01
020143314
Supplies-Gen Govt
:331.37
TOTAL DUE VENDOR--------)
555.09
Pacific Bell Mobile
PacbellMob
*001-2300-1010
3 70401D
03/26
04/01
Refnd-Cepst FPL 96-20
904.74
TOTAL 'DUE `JENAD R--------`r
904.74
Patel, Jyotsna
21+0
*001-3413
r' 70401E
03x'26
04/01
200193
Recreaticr, Ret nd
.
u � , HL C?jE VENDOR
'00
Patel, Kanu
PatelK
*001-2300-1002
2 70401D
03/26
04/01
34040
Re+:d-Secrtyl)ep5t
200,00
TuTAL ::uE VENL"JR--------)
200. 0
Payroll Transfer
Payrc:lTr
1 70401A
03/26
04/01
Payroi Transfer-PP�
5=,800.00 04/01/97 00ofl." .c:
TiTAL PR&AID AMOUNT ----)
53,800.00
TOTAL DUE VENDOR--------)
0.00
Pitney Bowes
PitneyBowe
*001-4090-1200
7 70401D 01/5491
03/26
04/01
497 91
PstgeMeterinkCrtrdg/E-2
164.43
TOTAL DUE VENDOR--------)
164.43
Pomona Judicial District PomJudDist
*001-:32123
1 70401D
03/26
04/01
Feb-Parking Activity
225.00
TOTAL L:!E VENDOR --------
`^* Czt Dod 3ar ***
TIME :i52-:Sy97E �9
DuE rmRU............C4/01/97
»�m�OR NAME VENOOR 0
.
ACCOUNT PRDJ.7X',40 BATCH PO.LlNE/NO, BI'/ DUE ImUlL1 [IL6��PTlUa �0� �� ��.
_—'_'_____— _'-___--'—_'_-- '''-'—'—'--'----__''_--''---_____---_--_____—_— '
��Pa Valley Humane Soc. PVHS
��itive �rote tion � CSitzvePr
Prder ial Serv�ca 3urea U
��1'2l1S-�0O4
mml'12S1)
1 7C40�A
e0l-211�-��N 2 704�1�
@r os 8o»e-1S1 ���1ss
R & D Blueprint o&U3lue
*250-4510-6411 io3Q7 70401E 01/--,
Repro Graphics ReproGraph
*()Q 1-4)90-21110 2 70401E 01/5380
Robert Driver ins Co. RobDrive
4001-L100-1004 I 70401A
RonKranzer&Assoo C.E. lnc RKA
6312-6 .1'4/01 4_�11-U`8 Apr -Anima} ContrlSvcs 4,959.17
o4/O1 1�9 Fi��larmr'epa/r-HrtgPrk 45.O0
VE�DSR ----> 45.CO
/-Fr'�F ta', Frems
�4.i2
TO-. 7 CYEHD2 ----> 2.��.85
S�rpl�� ��se '96/Y7 105.58 04/ 1�� NN����4
0� P�-�tz���tr�u'E�l� 3,6�.6V O4�1/�WV54
�v26 V4/01 ��-Ret���cntrib-��lyr 3,29S.V2 04/V1/Y7 0000034354
`8TAL AMOUNT --'> 6'872.04
TO�AL DL� VENO3R '--''-''> 0."0
03/'26 04/01
Cit 01enstrP14an-Reb
C�P'�rnu��}omind
TOTAL �E VENDOR ---->425. 00
PuECard lffprints
0TAL DUE VENDOR --------
02/226
---
O3/26 641101 Dec -Spec Event Ins
T0TAL PREPAID AMOUNT -->
425.0 0
5'5i.59
59.59
65.00 04/01/� 00001B4*13571
65.00
0.00
*001'455' -52-43
270401E01y5337
03/26
04/01
5531
Plan Check Svcs -Feb
245.93
mN1-4510-5227
2 70401E
01/44-55
03/26
04/01
5532
EngrinspectnSvcs-Heb
558.00
*001'4510-5227
4 7O401E
01/5167
03/26
04/01
5532
En@rIospectSvcs-Feb
112;50
*001-4510-5227
6 70401E
01/5405
V3/26
04/01
5532
Engr-InspectnFees-Feb
56.25
*001-2300-1012
1 70401E
03126
04/01
5533
Plan Check Svcs -EN 96-160
455.00
- = V
^l Pe 17ME: 15; 'r; Lj h L
..............
VENDOR NAME VENDOR ID.
ACCJUiiT i F iJ.i;{-iJG BATC4 PO. THE„'i0. _:a`RT, JE Y,' 131 .F".'N A.MfLU{NT _DTE
------------------------------------------------------------------------------------------------------------------------------------
.;,n::.nan:er�Assoc C.E. Inc RRKA
*:_1-4S5i-5223 4 7.')401E ! 9953'21
Ruse, 3obby RoseB
*'v' 0 1 - 4 1 0 - 2 -3 3 0 1 71)401 E
.uzic:a, Joseph T. Ruzickaj
*0011-4210-2330 1 70401F
SCATS SCATS
*001-23100-i013 3 70401E
-an Gabriel 'Va.ley City St vLmA
*001-4030-232-15 1 7 0401 A
San Gabriel Viy Tribune=3'VTriJ;jne
*0:1-2300-1010
5 70401E
k.Gl-23l!0-109!)
6 70401E
*001-4040-2115
4 70401E 01/4512
*001-2:-010-i)lo
4 70401E
*001-4040-2115
6 70401E 01/4512
Shopping Center
*001-4096-2115
3iEb%e, `Marren C
*001-4553-5222
Sir Speedy
*001-4090-2110
ShoppingCe
2 70401E 01/5173A 03/26 04/01 1490 Ad-SnpgCtrMagzne-Mar 700.00
TO (AL DUE VENDOR --------r 7 -AC, 00
SieckeW
70401E 01/5298 03/26 04/01 3830-9 TrfcSig:lModifctn-Jan 600.00
`%TAL -'UE VENDOR --------Y 69:0. Cl0
SirSpeedy
Staticnary Supplies 42.063 70401E 03/:6 04/01 +c
TOTAL DUE VENDOR --------? 4'2.06
= NTiNUED)
<r i:- 04101
5534
Flys Chach Svc_ -Feb
11 .5+,
Cc;'26 041i�i
Reimb-CPRS Conf 3112-16
92.6:8
T:iTAL DUE VENDOR --------}
92.65
03/26 04/01
Rei,r�b-P1nrInst3/12-14
293.93
T'-ITa UE
,
033,
1"�6 04%01
T eT p 3 i g n RF rd-TSR's'E.-S
.'+?.00
O T AL 3UE VENDOR -------- }
1 0 0, (x)
03?26 041'01
Me.rer Mt }/';'j
g-3/'I9-C!r+gr
?
x.r,.00 ii4f:lir>r )U:;..: -•c--
TAL FRE.F'A!2 tlmL'L'NT ----.-
0
TO? L l -F �'ENOOR--------}
03126 04/01
07096
Legal Ad -FPL 97-05
03126 (4/'01
")7N6,
Legal Ad -FPL 97-08
.+ $
03126 04/01
08847
Legal Ad-Bids-DERehab
5,6a
03/26 04/01
1:656
Legal Ad -FPL 37-01
140,40
03/26 04/01
12894
Legal Ad-BidsFetersnADA
67.68
`-------
39 'Jt
ShoppingCe
2 70401E 01/5173A 03/26 04/01 1490 Ad-SnpgCtrMagzne-Mar 700.00
TO (AL DUE VENDOR --------r 7 -AC, 00
SieckeW
70401E 01/5298 03/26 04/01 3830-9 TrfcSig:lModifctn-Jan 600.00
`%TAL -'UE VENDOR --------Y 69:0. Cl0
SirSpeedy
Staticnary Supplies 42.063 70401E 03/:6 04/01 +c
TOTAL DUE VENDOR --------? 4'2.06
.UN TIr!E: R
G { S T E �4GE L2
�� T���.............O4/���7
VENDOR NAM[ VEmDOK 1D.
ACCOUNT PR0J.T1-N0 BATCH PO.LINE/ND. ENTR\/0J E [ESCKl�TI0Y AMOJNT DA:1 CH[CK
_--'--__—__'_-____—_---_____-—_-_--_'--______'—'—___________----____
Scart & Final Smart&Finl
Standard Insurance of Ore Staodar ln
n001'2110-005 1 704i)1E
001-2110-1005 '_' 70401E
Suokak, A. SuckakA
�e Gas Company SoCaGas
*001-4314-2126 1 70401E
Time Out Personnel Svc. TimpOut
m01-4040-4000 4 70401F 01/5401
*001-4040-4030 4 70401F O1/54Y7
Tos ia, Amanda
U.S. Postmaster
ToshiaA
Z 70401E
USPostmstr
I 70401A
United Parcel Service LIPS
03/26 04kol
8499592
Sup bes'Sr8ingo
38.52
TOTAL JUE Y[AUOK ---->
38.52
03/26 04/01
Dez'LiFe Ins Prems
464.00
03/26 04/01
Dec'Supyl Life Ins Prems
98.40
TOTAL DUE VENDOR ------->
56.2.40
0J/26 04/01
SecrtyDepstRefnd'RnRpagn
50.00
TUTAL DUE VENDOR --------
5V.00
O3/26 04/01
Gas Svcs-Hrtge Prk
166.0
TOTAL DUE VENDOR ---'-'->
166.18
03/26 04/01
1970
TempS,cs-Receptnst2/24-28
383.60
03/26 04/01
1970
TpmpSvcs-Scanning2/24-28
420,00
03/26 04/01
1990
Temp'ScanningSvcs3/3-7
42O.00
TOTAL DUE VENDOR ''--''->
1`223.6O
02/216 04/01
Re;i1d-PrkgCiteDB8894
33*.00
TOTAL DUE VENDOR '-'''''->
%0.00
03/26 04/01,
Pustage'CommNws1tr-Spr97
2'500.00 04/01/97 0000034353
TOTAL PREPAID AMOUNT -'-->
2.500.00
TOTAL DU[ Y[NUO� -------- )
V.00
03/26 V4/V1
96327830271
Express Mail Svcs-GenBovt
19.01)
TOTAL DOE VENDOR ----->
19.00
Virgil's Mobil Service Virgils
*001-4090-2310 2 70401U 017/46618 03/26 04/01 Fuel -Gen Govt -Feb 56,36
o
DUE .... , .. -c -
EN CR NAfIE rENiOR iD.
ACCUUNT PR0J.TX-NO BATCH PO.L,TNE/NO. ENIi-"t 'DUE iN,01 CE .7--',K., I AMOUNT .0 CH ; _
---------------•---------------------------------------------------------------------------
Virginkar, Arun
Virginkar
*001-4553-4100
70401E
0:;/26 04'01
- �
T&T Com, Mtg 3/1::;
40.00
TOTAL DUE VENDOR --------f
40.00
Walnut Vly dater
Dist W'V'WaterDis
*13'8-4538-2126
1 70401E
0:3/26
04/01
Water Usage -Dist 38
1,507.55
TOTAL DUE VENDOR -------->
1,507.55
Walnut Vly Water
Dist WVWaterDis
*139-4539-2126
1 70401E
03/2)6
04/01
Water Usage -Dist 39
223.65
TOTAL DUE VENDOR --------5
223.65
Walnut Vly Water
:gist WWaterDis
*001-4311-2126
1 70401F
03/26
04/01
Water Usage-PGrow
209.25
*001-4313-2126
1 70401F
03/26
04/01
Water Usage-Hrtge Prk
204.22
*001-4316-2126
1 70401F
03/26
04%01
Water Usage -Maple Hill Pk
383.92
TOTAL DUE VENDOR --------i
7917.39
Wells Fargo Bank
WelisFargo
*001-4040-1330
1 70401F
i}x:/26
04/01
Leage''cnf-2/13-11-Huff
741.116
TOTAL -DUE 'VENDOR --------1
241.16
Wells Fargo Hank
WeilsFargo
*001-40'•10-:330
704;) F
� 1•
03/26
04/01
LeageC.cn7'-:;/8-11,Ansari
;''(2,2}r)
+1-4:10-. - 30
-0401P
•_/
033 26
04/1 )1
---
�:::A Conf-2/24-3r4Ansri
a
347.15
TOTAL DUE VENDOR --------i
667.15
Wells Fargo Bank
AelisFargo
*001-4010-1200
2 70401F
03/28
04/01
Condolence-P&RC,mmassionr
21.24
*001-4010-2,325
3 70401F
03/28
04,101
Meeting -1/29 -Werner
5.'110
*001-4010-2330
7 70401F
03/28
04/01
LeagLeConf 3/8-11,Werner
320.00
*001-4010-'2330
8 70401F
03/28
04/01
Cncltn-SWAirlineWerner
163.00 -
TOTAL DUE VENDOR --------ti
183.24
dells Fargo Bank
WellsFargo
*001-4010-2330
5 70401F
03/26 04/01
LeagueConf 3/8 -11 -Herrera
691.00
*001-4096-2330
1 70401F
03/26 04/01
ICSC Conf-5/20-21-Herrera
97.00
TOTAL DUE VENDOR --------)
788.00
RUN TIME: 1555 0-13/2111/97
Y ] ! N E oT
-
_ `
-c
rr.__ i4
-'jE 'u'U................1y
1,?7
VENDOR NAME
VENDOR. 10.
ACCOUNT PROJ.TK-NO
--------------------------------------------------------------------------------------------------------------------------
WATCH PO.LINE/N0.
ENTRY!I:L!E "NV15ICE
_==; r,Ir, ON
Ah!LUNT DATE
dells Fargo Pan:::
wellsFargo
200
7040IF
a ,;,1
i'k,'f,.li@S-41Ttgr
ni.19
c�tjl-4i,30-2'w1t)
i ,.;)401F
-c ,4;01
_$
*001-403t)-2325
4 70401F210
;4ii 1
Mtg-MPT / !
34,04
a !;1
-eagueConf?/;-it-C^!gr
475.;4
_.y.,.,;
...,,.J
tet.
10401F
; �u .4; JI
1.::3C Cont -27
; -Cmgr
1194.00
1TAL -"UE VENDOR--------
34::.'5
Wright, Paul
�rzg�tP
#1,lu1-4090-41;XJ
� 7,'* 1F :i1/459>
3r'?& t?4A 1
A + r ; ;
uv..,;�Is1a1S+c5
330.00
TOTAL CUE VENDOR --------)
:3:30.00
Xavier'5 Florist
XaviersFlo
*001-4090-2:395
:3 70401F 01/5526
03/26 04/01 17 33
FrtBskt,/Flwrs-Funerals
114.19
TOTAL DUE VENDOR --------)
114.19
TOTAL PREPAID -----------}
&,,527.35
-OCTAL LUE��
---------------,
431 ,4
,:.; 7 ;
TOTAL REPORT ------------)
492,472.1
TOTAL------ ------ ------ ------ ------ ------ ------- ------------
FUNDS
---_—
FUNDS 4 98'4 7 2,12 1";2.263 4 1,055.00 415,14e.63
RIUNDr�, 1555�)3/2!�/97
VOuC�E8 8E8�SrE�
P�GE �
�iS8U6S2 ;1
HE
FUND
__________________________________________________________________
TOTAL CiPECI PA41 RE\::w�'E R[vENUE EXPENSE
REVEwuE EXrE�S
V01 General .-Fund
459'53�.44 0.26 4 4
1,0�'� 3I'`216.�
250 C.I.P. Fun
118 Air Quality Imp
08.37
112 Prop A -Transit F
-2,58 7.S 0
010Library Service
55.99
7'�
115 Int Waste Mgmt F
i,18O.8)
1.18O.00
141 LLAD #41 Fund
138 LLAD 43`N Fund
4.7 48.35
41 35
125 CDBG Fund
38.52
139 LLAD 4-4 Fund
TOTAL------ ------ ------ ------ ------ ------ ------- ------------
FUNDS
---_—
FUNDS 4 98'4 7 2,12 1";2.263 4 1,055.00 415,14e.63
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. �- 6
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 1, 1997 fill,
REPORT DATE: March 25, 1997
FROM: Linda G. Magnuso , Accounting Manager
TITLE:
Treasurer's Report - February 28, 1997
SUMMARY:
Submitted for the City Council's review and approval is the Treasurer's Statement for the month of February,
1997.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's office)
_ Ordinance(s) _ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed _ Yes —No
by the City Attorney?
2. Does the report require a majority vote? _ Yes _ No
3. Has environmental impact been assessed? N/A _ Yes _ No
4. Has the report been reviewed by a Commission? N/A _ Yes _ No
Which Commission?
5. Are other departments affected by the report? NIA _ Yes _ No
Report discussed with the following affected departments:
R VIEWED BY: DEPARTMENT HEAD:
Terrence L. Belanger Frank M. Usher Linda G. Magnuson
City Manager Assistant City Manager Accounting Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 1, 1997
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - February 28, 1997
ISSUE STATEMENT:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval.
RECOMMENDATION:
Approve the February, 1997 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for the Council's review and approval is the Treasurer's Statement for the month of
February, 1997. This statement shows the cash balances for the various funds, with a breakdown of
bank account balances, investment account balances and the effective yield earned from
investments.
The City's Deferred Compensation balances which are managed by ICMA are also being reported.
The City receives ICMA statements on a quarterly basis. The balances reported are as of December
31, 1996.
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
February 28, 1997
INVESTMENTS:
TIME CERTIFICATES $0.00
COMMERCIAL PAPER 0.00
LOCAL AGENCY INVESTMENT FD 19,188,305.10
TOTAL INVESTMENTS 19,188,305.10
TOTAL CASH
$19,480,699.92
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available
for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally
adopted investment policy.
L.A.I.F - Effective Yield for January 1997 5.583%
(February Unavailable)
BEGINNING
TRANSFERS
ENDING
BALANCE RECEIPTS
DISBURSEMENT
IN (OUT)
BALANCE
GENERAL FUND
$11,064,019.64
$865,917.72
$705,422.47
$11,224,514.89
LIBRARY SERVICES FUND
107,290.87
107,290.87
TRAFFIC SAFETY FUND
2,829.86
8,257.85
11,087.71
GAS TAX FUND
2,574,256.90
2,574,256.90
TRANSIT TX(PROP A) FD
1,700,234.37
21,316.30
28,986.13
1,692,564.54
TRANSIT TX (PROP C) FD
1,879,178.52
45,556.00
1,924,734.52
INTEGRATED WASTE MGT FD
120,189.95
7,912.15
4,898.53
123,203.57
AIR QUALITY IMPRVMNT FD
111,942.48
3,064.83
108,877.65
TRAILS & BIKEWAYS FD (SB 821)
25,811.70
25,811.70
PARK FEES FUND
374,389.42
374,389.42
S PARKS GRANT (PRP A) FD
(66,035.83)
(66,035.83)
COM DEV BLOCK GRANT FD
(47,597.97)
3,035.47
(50,633.44)
CITIZENS OPT -PUBLIC SAFETY F
191,483.93
191,483.93
LANDSCAPE DIST #38 FD
220,944.35
9,417.69
9,450.28
220,911.76
LANDSCAPE DIST #39 FD
57,946.03
5,064.31
11,773.53
51,236.81
LANDSCAPE DIST #41 FD
230,605.23
4,947.71
9,763.09
225,789.85
GRAND AV CONST FUND
139,130.78
139,130.78
CAP IMPROVEMENT PRJ FD
148,184.98
137,133.93
11,051.05
SELF INSURANCE FUND
593,902.24
2,869.00
591,033.24
TOTALS
$19,428,707.45
$968,389.73
$916,397.26
$0.00
$19,480,699.92
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$289,866.57
PAYROLL ACCOUNT
1,853.25
CHANGE FUND
175.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$292,394.82
INVESTMENTS:
TIME CERTIFICATES $0.00
COMMERCIAL PAPER 0.00
LOCAL AGENCY INVESTMENT FD 19,188,305.10
TOTAL INVESTMENTS 19,188,305.10
TOTAL CASH
$19,480,699.92
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available
for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally
adopted investment policy.
L.A.I.F - Effective Yield for January 1997 5.583%
(February Unavailable)
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
February 28, 1997
INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 12/31196)
ICMA Retirement Corporation - 457 Plan:
AGGRESSIVE OPPORTUNITY FUND
7,556.78
INTERNATIONAL FUND
7,481.82
GROWTH STOCK FUND
82,091.21
BROAD MARKET FUND
27,028.53
EQUITY INCOME FUND
2,952.81
ASSET ALLOCATION FUND
25,365.66
SOCIAL RESPONSIBILITY FUND
431.62
CORE BOND FUND
6,808.47
US TREASURY FUND
3,357.63
CASH MANAGEMENT FUND
393.76
PLUS FUND
278,570.86
GUARANTEED FUND
0.00
TRADITIONAL GROWTH
9,818.28
MS CAPITAL APPRECIATION
3,046.42
MS GROWTH & INCOME
3,076.67
TOTAL OF DEPOSITS
457,980.52
Note: These investment options are at the discretion of the employees.
Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in
in the various instruments
The reporting period reflects the most current quarter reported by ICMA to the City.
TOTAL CASH AND INVESTMENTS
$19,938,680.44
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Terrence L. Belanger, Treasurer
Estimated Market Value Including Accrued Interest $ 29,895,335,557.19
NOTE: Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less
than 90 days are carried at portfolio book value (carrying cost). Interest accrued
from the date of purchase on CDs and BNs under 90 days is not included.
Pooled
State of California
Money Investment Account
Market Valuation
1131197
Description
Carrying Cost Plus
Accrued Interest Purch.
Estimated
Market Value
Accrued Interest
United States Treasury:
Bills
$
2,161,897,839.59
$
2,233,435,250.00
NA
Strips
$
238,812,800-00
$
284,649,250.00
NA
Notes
$
5,749,183,709.89
$
5,701,771,000.00
$
63,176,626.73
Federal Agency:
Bonds
$
908,826,141.87
$
905,682,893.30
$
14,103,986.39
Floaters
$
319,979,989.05
$
320,273,850.00
$
3,349,125.85
MBS
$
159,485,335.27
$
158,029,632.64
$
949,068.36
GNMA
$
3,434,464.04
$
3,867,745.76
$
33,087.62
SBA
$
183,581,869.82
$
185,275,634.24
$
1,838,657.43
FHLMC PC
$
31,336,865.38
$
33,765,461.22
$
503,308.39
Discount Notes
$
497,127,631.96
$
.508,412,500.00
NA
Bankers Acceptances
$
187,050,742.80
$
187,093,656.13
NA
Corporate:
Bonds
$
1,492,335,273.67
$
1,490,174,292.95
$
30,932,539.17
Floaters
$
530,719,517.27
$
530,897,987.50
$
7,138,833.89
CDs
$
8,057,231,258.42
$
8,114,048,402.75
$
15,515,337.49
Bank Notes
$
635,000,000.00
$
649,327,827.45
$
6,121,166.67
Repurchase Agreements $
-
$
-
NA
Time Deposits
$
386,595,000.00
$
386,595,000.00
NA
AB 55 & GF Loans
$
1,684,693,013.00
$
1,684,693,013.00
NA
Commercial Paper
$
6,816,900,329.91
$
6,818,151,363.24
NA
Reverse Repurchase
$
444,425,000.00
$
444,425,000.00
$
45,940.97
TOTAL
$
29,599,766,781.94
1 $
29,751,719,760.17
$
143,615,797.01
Estimated Market Value Including Accrued Interest $ 29,895,335,557.19
NOTE: Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less
than 90 days are carried at portfolio book value (carrying cost). Interest accrued
from the date of purchase on CDs and BNs under 90 days is not included.
POOLED MONEY INVESTMENT ACCOUNT
SUMMARY OF INVESTMENT DATA
A COMPARISON OF JANUARY 1997 WITH JANUARY 1996
(Dollars in Thousands)
JANUARY 1997 JANUARY`" 1996 CHANGE
Average Daily Portfolio $29,553,019 $26,642,349 +$2,910,670
Accrued Earnings $140,142 $128,586 +$11,556
Effective Yield 5.583 5.698 -.115
Average Life --Month End (in days) 241 233 +8
Total Security Transactions
Amount $19,022,037 $16,502,815 + $2,519,222
Number 417 389 +28
Total Time Deposit Transactions
Amount $261,500 $375,190 -$113,690
Number 32 20 +12
Average Workday Investment Activity $918,264 $803,715 +$114,549
Prescribed Demand Account Balances
For Services $132,412 $142,484 -$10,072
For Uncollected Funds $223,103 $164,959 +$58,144
LOCAL AGENCY INVESTMENT FUND*
SUMMARY OF ACTIVITY
JANUARY 1997
BEGINNING BALANCE DEPOSITS WITHDRAWALS
$10,948,337,675.98 $1,393,142,638.11 $1,134,007,600.14
*Local Agency Investment Fund Invested Through Pooled Money Investment Account
MONTH END BALANCE
$11,207,472,713.95
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: April 1, 1997 REPORT DATE: March 25, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Exoneration of Reclaimed Water Improvement Bond for Tract 48487 (C & A Developers).
SUMMARY: C & A Developers has requested the exoneration of their posted surety bond for Reclaimed
Water Improvements required in accordance with the subdivision agreement for Tract No. 48487. The
developer has been relieved of this condition at the January 7, 1997 City Council Meeting.
RECOMMENDATION: It is recommended that the City Council move that:
a) Bond No. 184740S of Developers Insurance Company for Reclaimed Water be exonerated; and
b) the City Clerk notify the Principal and Surety of these actions.
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
x Surety Bond (on file in City Clerk's Office)
Other:
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
1 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:
Terre%L.Beler
City Manager
FranlE M. Usher'
Assistant City Manager
N/A _ Yes _ No
N/A _ Yes_ No
N/A _ Yes_ No
Yes x No
George A. Wentz
City Engineer
Majority
CITY COUNCIL REPORT
AGENDA NO. _
MEETING DATE: April 1, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager
SUBJECT: Exoneration of Reclaimed Water Improvement Bond for Tract 48487
(C & A Developers).
ISSUE STATEMENT
Consider exoneration in security amount (surety bond) for Reclaimed Water Improvements
required in accordance with the subdivision agreement for Tract No. 48487.
RECOMMENDATION
It is recommended that the City Council move that:
a) Bond No. 184740S of Developers Insurance Company for Reclaimed Water be exonerated;
and
b) the City Clerk notify the Principal and Surety of these actions.
FINANCIAL SUMMARY
This action has no fiscal impact on the City.
BACKGROUND
In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement
with the subdivider to complete various improvements. The subdivider guaranteed faithful
performance of this agreement by posting with the City various surety bonds - including
Reclaimed Water improvements. The original Condition of Approval to guarantee the installation
of Reclaimed Water Improvements has been amended during the January 7, 1997 City Council
meeting, releiving the developer of this improvement requirement. The subdivider has requested
that this bond be exonerated.
DISCUSSION
The following listed surety bonds are requested for exoneration:
Tract No.: 48487
Bond Number: 184740S, Reclaimed Water Improvements
Amount: $39,000
Reason: The Walnut Valley Water District will not supply reclaimed water
to said tract located in the "Country".
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA N0.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: April 1, 1997 REPORT DATE: March 26, 1997
FROM: Terrence L Belangef, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PANTERA PARK AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
SUMMARY: Plans and Specifications have been developed, reviewed and are ready for advertisement for
the construction of Pantera Park. The Plans consist of both active and passive recreation
opportunities and a bid alternative item for the construction of an activity room. The Park
was developed through neighborhood meetings, surveys and input from the Parks and
Recreation and Planning Commissions.
RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution 97 -XX to
approve the plans and specifications for the construction of Pantera Park and
authorize the City Clerk to advertise the project for bids.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
_ Ordinance(s)
_ Agreement(s)
_ Public Hearing Notification
X Bid Specification (on file in City Clerk's office)
_ Other:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1, Has the resolution, ordinance or agreement been
reviewed X Yes
—No
by the City Attorney?
2. Does the report require a majority vote?
N/A _ Yes
_ No
3. Has environmental impact been assessed?
N/A _ Yes
_ No
4. Has the report been reviewed by a Commission?
X Yes
_ No
Which Commission? Planning Commission,
Parks and Recreation Commission
5. Are other departments affected by the report?
X Yes
_ No
Report discussed with the following affected departments: Community Development,
Community Services
REVIEWED BY:
AlILM'e,
TenIence L. Bel er
City Manager
Assistant City Manager Deputy Director of Public Works
CITY COUNCIL REPORT
MEETING DATE: April 1, 1997
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PANTERA PARK AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
ISSUE STATEMENT: To construct Pantera Park at the southeast corner of Pantera Drive and Bowcreek
Drive.
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution 97 -XX to approve the plans and
specifications for the construction of Pantera Park and authorize the City Clerk to advertise the project for
bids..
FINANCIAL SUMMARY:
The construction of Pantera Park is estimated to cost $2,100,000, excluding the Activity Room and
contingencies. The total allocated project budget is $2,268,600. Said budget consist of $1,795,600
Proposition A Grant, $320,000 Quimby Fund, $153,000 Developer Fees,
BACKGROUND/DISCUSSION:
The City has developed plans and specifications for the development of a 23.8 -acre park site. The site
consist of 15.5 acres of flat undeveloped land. To assist in the development of the park, the City received
a Project Grant from Proposition A - Safe Parks Grant. The City prepared a Park Master Plan through a
series of community workshops.
The proposed park will provide active and passive recreation opportunities for Diamond Bar residents.
The proposed project contributes to achieving a City-wide goal of providing adequate park and recreation
facilities for residents of Diamond Bar. The project is consistent with the current City -Wide Parks Master
Plan planning. The Plan has been approved by the Planning Commission through a Conditional Use
Permit (CUP).
The park consists of 2 ballfields with 2 full soccer overlay fields; 3 basketball courts with a roller hockey rink
overlay; 2 lighted tennis courts; restroom/concession building; tot lot; and picnic facilities. An Activity Room
is a bid alternative item. The construction is scheduled for 120 working days.
The plans have been reviewed by the City's Building and Safety Division and the consultant firm of
Heimberger/Hirsch. Throughout the construction phase, public information/notifications will be conducted,
including a construction hotline, bulletins/notices of schedules and informational meetings if required.
Staff has prepared a tentative schedule for the various project activities. They are as follows:
Pre-bid Site Meeting/Job Walk April 21, 1997
Bid Opening May 8, 1997
Award of Contract May 20, 1997
Pre -Construction Meeting June 2, 1997
Notice to Proceed/Start of Construction June 9, 1997
Completion of Construction November 28, 1997
There is also an ninty (90) day maintenance period for the landscape. This project will not distrub the
mature trees in the southern end of the site.
PREPARED BY:
Kellee A. Fritzal/David G, Liu
Attachment
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PANTERA PARK AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in
the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction
of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City
of Diamond Bar be and are hereby approved as the specifications for the Pantera Park Project.
BE IT FURTHER RESOLVED 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:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
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 10
o'clock a.m. on the 8th day of May 1997, sealed bids or proposals for the Pantera Park Project.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100,
21660 E. Copley Drive, Diamond Bar, California 91765-4177.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar,
California, marked, "Bid: City of Diamond Bar, Pantera Park Project to be opened at 10:00 o'clock A.M.
on May 8,1997".
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor Code, Division 2, Part 7, Chapter 1, Articles I 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.
The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than twenty-five
dollars ($25.00) 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 fifteen percent (15%) in the ninety (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.
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.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this Contract and the Contractor and any subcontractor under him shall employ 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 dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or
any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during
which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in
violation of said Labor Code.
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 ten 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 the event of failure to enter into such Contract said cash, cashier's check, 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's 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 a labor and material 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.
No proposal will be considered from a Contractor who is not licensed as a contractor at 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 $45.00, said $45.00 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 nonreimbursable
payment of $20.00 to cover the cost of mailing charges and overhead.
Bar. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond
In accordance with the requirements of Section 903 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).
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 , 1997.
PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar,
California, this day of , 1997.
Mayor
ATTEST:
City Clerk
1, 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 Council of the City of Diamond
Bar, California, at its regular meeting held on the day of , 1997, by the
following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk,
City of Diamond Bar, California
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: April 1, 1997 REPORT DATE: March 27, 1997
From: Terrence L. Belanger, City Manager
TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Plans
and Specifications for the Traffic Signals Construction on Diamond Bar Boulevard at
Goldrush Drive and Authorizing and Directing the City Clerk to Advertise to Receive Bids.
SUMMARY: The intersection on Diamond Bar Boulevard at Goldrush Drive has been
identified for traffic signals. Plans and specifications for the project have been prepared
and are ready for City Council approval.
RECOMMENDATION: It is recommended that the City Council adopt the attached
Resolution to approve the plans and specifications for the Traffic Signals Construction on
Diamond Bar Boulevard at Goldrush Drive and authorize the City Clerk to advertise the
project for bids.
LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification
X Resolution X Bid Specifications con file in City
Clerk's Office)
_ Ordinances(s) _ Other
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
X Yes
No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed? N/A
Yes
X No
4.
Has the report been reviewed by a Commission? N/A
X Yes
_ No
Which Commission? Traffic & Transportation Commission
5.
Are other departments affected by the report? N/A
_ Yes
X No
Report discussed with the followinia affected departments:
REVIEWED BY:
Terrence L. Be]arh er Frank M. Usher
City Manager (0 Assistant City Manager
C:\WP60\LlNDAKAY\AGEN-97\DBGLDRUS.SIG.
eorge entz
City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 1, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Traffic Signals Construction on Diamond Bar Boulevard at Goldrush
Drive
ISSUE STATEMENT
To construct traffic signals on Diamond Bar Boulevard at Goldrush Drive.
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution to approve the
plans and specifications for the Traffic Signals Construction on Diamond Bar Boulevard
at Goldrush Drive and authorize the City Clerk to advertise the project for bids.
FINANCIAL SUMMARY:
The engineer's estimate for said project is $105,000, excluding any contingencies. The
total allocated project budget is $125,000 of Proposition C Fund.
BACKGROUND/DISCUSSION:
In order to maintain the ability to effectively accommodate the existing and future traffic
circulation of Diamond Bar Boulevard, the City has identified and conducted warrant
studies for the construction of traffic signal improvements at the intersection of Diamond
Bar Boulevard and Goldrush Drive.
Plans and specifications for the project have been prepared. Key aspects of
requirements placed upon the contractor includes:
* Plan and schedule to be submitted at least fourteen(14) calendar days before start
of work.
* Traffic control plans.
* Notification to utility owners and other public agencies.
* Completion of all work within ninety (90) calendar days.
* Liquidated damages of $500/day for non-performance.
1
Traffic Signals Construction on
Diamond Bar Boulevard at Goldrush Drive
April 1, 1997
Page Two
All customary insurance and bonds have been included. Staff has prepared a tentative
schedule for the various project activities. They are as follows:
Plans and specifications to City Council
for approval and authorize City Clerk to
advertise for bids
Bid Opening
Award of Contract
Notice to Proceed/Procure
Start of Construction
Completion of Construction
Prepared By:
David G. Liu
C:\WP60\LINDAKAY\CCR-97\dbgldrush.sig
N
April 1, 1997
April 24, 1997
May 6, 1997
May 7, 1997
May 19, 1997
August 19, 1997
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS
AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL INSTALLATION AT DIAMOND BAR
BOULEVARD AND GOLDRUSH DRIVE IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements
in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and specifications for the
construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the
City of Diamond Bar be and are hereby approved as the specifications for the Traffic Signal
Installation at Diamond Bar Boulevard and Goldrush Drive.
BE IT FURTHER RESOLVED 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:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
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 2:00 o'clock p.m. on the 24th day of April, 1997, sealed bids or proposals for the Traffic
Signal Installation at Diamond Bar Boulevard and Goldrush Drive in the City of Diamond Bar.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100,
21660 E. Copley Drive, Diamond Bar, California 91765-4177.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond
Bar, California, marked, "Bid for the Traffic Signal Installation at Diamond Bar Boulevard and
Goldrush Drive.
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 them 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 them 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 them
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.
The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than twenty-five
dollars ($25.00) 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 fifteen percent (15%) in the ninety (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.
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.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this Contract and the Contractor and any subcontractor under him shall employ 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 dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him
or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day
during which said laborer, workman, or mechanic is required or permitted to labor more than eight
(8) hours in violation of said Labor Code.
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 ten 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 the event of failure to enter into such Contract said cash, cashier's check,
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's 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 a labor and material
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.
No proposal will be considered from a Contractor who is not licensed as a contractor at 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 $30.00, said $30.00 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
nonreimbursable 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 903 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).
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 , 1997.
PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar,
California, this day of 11997.
Mayor
ATTEST:
City Clerk
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 Council of the City of
Diamond Bar, California, at its regular meeting held on the day of
, 1997, by the following vote, to wit:
AYES: COUNCIL. MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar,
California
5
CITY OP DIAMOND DAR
AGENDA REPORT //��
AGENDA NO.: (G�
T0: Honorable Mayor and Members of the City Council
MEETING DATE: April 1, 1997 REPORT DATE: March 25, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Specifications for the
Construction/Retrofit of Handicap Access Ramps in Said City and Authorizing and
Directing the City Clerk to Advertise to Receive Bids.
SUMMARY: Under the 1996-97 Los Angeles Urban County CDBG (Community Development Block Grant)
Program., $37,000.00 of CDBG federal funds was allocated for the construction/retrofit of handicap access
ramps in the City of Diamond Bar. At this time, bid specifications have been prepared.
RECOMMENDATION: That the City Council adopt Resolution No. 97 -XX approving the bid specifications
for the Construction/Retrofit of Handicap Access Ramps in Diamond Bar, and authorize the City Clerk to
advertise the project for bids.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST.
_ _ Public Hearing Notification
X Bid Specifications (on file in City Clerk's Office)
Other
1. 1las 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? N/A
4. Has the report been reviewed by a Commission? N/A
Which Commission.)
5. Are other departments affected by the report?
Report discussed with the following affected departments:
Community Development Dept. & City Manager
REVIEWED BY:
Terrence L. Bela Frank M. Usher
City Manager Assistant City Manager
x Yes No
Majority
Yes —No
Yes _ No
X Yes _ No
A. Wentz
City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 1, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: A Resolution of the City Council of the City of Diamond Bar
Approving Specifications for the Construction/Retrofit of Handicap
Access Ramps in Said City and Authorizing and Directing the City
Clerk to Advertise to Receive Bids.
ISSUE STATEMENT
To construct/retrofit handicap access ramps at various locations in the City of Diamond Bar.
RECOMMENDATION
That the City Council adopt Resolution No. 97 -XX approving the bid specifications for the
Construction/Retrofit of Handicap Access Ramps in Diamond Bar, and authorize the City Clerk
to advertise the project for bids.
FINANCIAL SUMMARY
$37,000.00 of CDBG federal funds has already been approved and incorporated into the FY
1996-97 budget for these handicap access ramps. Engineer's estimate for construction of 42
handicap access ramps is $23,100.00, excluding contingencies.
BACKGROUND/DISCUSSION
Under the 1996-97 Los Angeles Urban County CDBG (Community Development Block Grant)
Program, $37,000.00 of CDBG federal funds was allocated for the construction/retrofit of
handicap access ramps in the City of Diamond Bar.
Staff has prepared the bid specifications for the con struction/retrofit of handicap access ramps in
Diamond Bar. A total of 42 ramps will be constructed/retrofitted. These specifications have been
forwarded for review and approval by the Office of Affirmative Action on March 25, 1997.
"1'he work to be performed under the specifications consists of the construction/retrofit of
handicap access ramps and other incidental and appurtenant work necessary for the proper
construction of the contemplated improvements in the following areas:-
INTERSECTION
Fountain Springs[Brea
Canyon Rd.
CORNER
NE
EXIST. RAMP?
N
NW
SE
N
Fountain Springs/Sunbright
Dr.
NW
N
NW
NE
N
Fountain Springs/Castle Rock
NW
N
SW
NE
N
SE
SW
N
NW
SE
N
Fountain Springs/Crooked
Creek
NW
N
SW
NE
N
Fountain Springs/Rising Star
NW
N
NE
N
Brea Canyon Rd./Cold
Springs Ln.
NW
N
NE
N
SW
N
SE
N
Brea Canyon Rd./Gerndal St.
NE
N
SE
N
Pathfinder/Peaceful Hills
NW
Y
NE
Y
SW
Y
SE
Y
Pathfinder/Shaded Wood
NW
Y
NE
Y
Pathfinder/Evergreen Springs
NW
Y
NE
Y
SW
Y
SE
Y
Pathfinder/Presado Drive
NW
Y
NE
Y
C incest ('rrwrinufRm Falb I
NW
I N
NE
N
Sunset Crossing/Strongbow
NW
Y
NE
N
Sunset Crossing/Chapparal
NW
N
NE
N
SW
N
SE
N
Sunset Crossing/N. Old Trail
Rd.
NW
N
NE
N
SW
N
SE
N
Key aspects of requirements placed upon the contractor include:
* Plan and schedule to be submitted at least seven days before beginning of work.
* Notification to affected agencies.
* Completion of all work within fifteen (15) working days.
* Liquidated damages of $100/day for non-performance.
* Compliance with CDBG requirements.
* Labor compliance with Davis -Bacon requirement.
All customary insurance and bonds have been included.
Staff has prepared a tentative schedule for the various project activities. They are as follows:
Specifications to City Council April 1, 1997
for approval and authorize City Clerk to
advertise for bids
Bid Opening April 28, 1997
Award of Contract May 6, 1997
Notice to Proceed May 19, 1997
Start of Construction May 19, 1997
Completion of Construction June 9, 1997
Prepared By:
Rose E. Manela
3
RESOLUTION NO. 97 -
A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
SPECIFICATIONS FOR THE CONSTRUCTION/RETROFIT OF HANDICAP ACCESS
RAMPS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS.
"This is a Federally assisted construction contract acrd Federal labor statidards, irrcludirrg the
Davis -Bacon requirements and Section 3 requirements, will be enforced. tf Federal acrd State
Ifage rates are applicable, then the higher of the tivo ivill prevail. "
WHEREAS, it is the intention of the City of Diamond Bar to construct certain
improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared specifications for the
construction/retrofit of handicap access ramps.
NOW, THEREFORE, BE IT RESOLVED that the specifications presented to the City
of Diamond Bar be and are hereby approved as the specifications for the Con struction/Retrofit of
Handicap Access Ramps in Diamond Bar.
BE 11' FURTHER RESOLVED 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 the work
specified in the aforesaid specifications, which said advertisement shall be in the form and content
as approved by the City Attorney and a copy of this Resolution shall be contained in each
specification package for the work:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
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 10:00 o'clock a.m. on the 29th day of April, 1997, sealed bids or proposals
for the Construction/Retrofit of Handicap Access Ramps in Diamond Bar.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite
100, 21660 E Copley Drive, Diamond Bar, California 91765-4177.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond
Bar, California, marked, " Construction/Retrofit of Handicap Access Ramps in 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 rate 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.
The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty
dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or
portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing
rate of wages herein before 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 tive 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.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777 6 111 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.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in
the execution of this contract and the Contractor and any subcontractor under him shall comply
with and be governed by the laws 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 dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work herein before 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 Cade.
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, cashier's 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's 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 a labor and
material bond in an amount equal to one hundred (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 lie 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.
No proposal will be considered from a Contractor who is not licensed as a Class A and/or
C-8 contractor at 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 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
specifications will be furnished upon application to the City of Diamond Bar.
Upon written request by the bidder, copies of the specifications will be mailed when said
request is accompanied by a non -reimbursable payment of $10.00 to cover the cost of mailing
charges and overheads.
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 903 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).
The City of Diamond Bar, California, reserves the right to reject any and all bids. By
order of the City Council of tile City of Diamond Bar, California. Dated this day of April 1, 1997.
PASSED, APPROVED AND ADOPTED by the City Council of the City this 1 st day of April,
1997,
ATTEST:
CITY CLERK
MAYOR
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 1 st day of April,
1997 by the following vote, to wit:
AYES:
COUNCIL MEMBERS:
NOES
COUNCIL. MEMBERS:
ABSENT:
COUNCIL MEMBERS
ABSTAINED:
COUNCIL MEMBERS:
City Clerk, City of Diamond Bar
California
CITY OF DIAMOND BAR n
AGENDA REPORT AGENDA NO. J 0
TO: Honorable Mayor and Members of the City Council
MEETING DATE: April 1, 1997 REPORT DATE: March 25, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Award of Inspection Services for Tract 47850 Improvement Projects
SUMMARY: At the December 19, 1995 City Council meeting, the Council awarded the plan
check services for Tract 47850 improvement plans and final tract map to Hall & Foreman. For
consistency and continuity, the City has assigned inspection services for private development
improvements to the on-call firm that has completed the plan checking services for those
improvement plans.
RECOMMENDATION: That the City Council award the inspection services for Tract 47850
improvement projects to Hall & Foreman in an amount not -to -exceed $42,154.84.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
_ Ordinances(s) _ Other: Proposals
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECI4LIST:
I . Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No
by the City Attorney'?
1 Does the report require a majority or 4/5 vote? Majority
3 Has environmental impact been assessed? N/A _ Yes _ No
4 Has the report been reviewed by a Commission? N/A _ Yes —No
Which Commission?
5. Are other departments affected by the report? N/A _Yes _ No
Report discussed with the following affected departments:
REVIEWED BY.
i
Terrence L. Beler Frank M. Us r -A avid G. Liu
City Manager V Assistant City Manager Deputy Director of Public Works
CITY COUNCIL REPORT
MEETING DATE: April], 1997 AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager ,
SUBJECT: Award of Inspection Services for Tract 47850 Improvement Projects
ISSUE STATEMENT
To award inspection services to Hall & Foreman, for the inspection of Tract 47850 improvement
projects.
RECOMMENDATION
That the City Council award the inspection services for Tract 47850 improvement projects to Hall
& Foreman in an amount not -to -exceed $42,154.84.
FINANCIAL SUMMARY
The inspection services will be funded by the $56,206.45 inspection fees which the developer,
Diamond Bar West LLC, provides the City for the improvement projects. The $42,154.84 is
based on 75% of the $56,206.45 calculated fees.
BACKGROUND/DISCUSSION
At the December 19, 1995 City Council meeting, the Council awarded the plan check services for
Tract 47850 improvement plans and final tract map to Hall & Foreman. For consistency and
continuity, the City has assigned inspection services for private development improvements to the
on-call firm that has completed the plan checking services for those improvement plans.
It is at the City's and the developer's best interest to have consistency between the plan checking
and inspection stages. Having made all the plan checks, Hall & Foreman would be the most
familiar with the project design and issues/requirement that must be adhered to during the
construction.
The associated inpsection fees for the various improvement projects are as follows:
GRADING
$ 9,214.75
STORM DRAIN
$16,356.20
SEWER
$21,974.40
STREET
$ 8,661.10
TOTAL
$56,206.45
* * Of this total amount ($56,206,45), 75% ( = $42,154.84) to H&F. Remaining 25% ( = $14,051.61) to City.
To date, the grading permit has been issued, fees paid, and construction commenced. Storm
Drain fees has also been paid and are awaiting for notice to proceed construction.
The developer, in good faith, has complied with all City requirements and conditions. It is
therefore recommended that the City Council award the inspection services for Tract 47850
improvement projects to Hall & Foreman in an amount not -to -exceed $42,154.84.
CITY Or DIAMOND BAR
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CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 1, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrance L. Belanger, City Manager
SUBJECT: Amendment to Bus Shelters Contract to Add Four (4) Additional Bus Shelters in
Diamond Bar,
ISSUE STATEMENT:
Shall the City Council approve Amendment #1 to the Bus Shelters contract with Metro Display Advertising, Inc.
to add four (4) additional bus shelters in Diamond Bar?
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment #1 to the Bus Shelters contract with Metro
Display Advertising, Inc., to add four (4) additional bus shelters in Diamond Bar.
FINANCIAL SUMMARY:
The cost to add four (4) additional bus shelters in Diamond Bar shall be bome by the bus shelter contractor,
Metro Display Advertising, Inc. There may be some costs and/or staff time related to plan check and
construction inspection absorbed by the City of Diamond Bar.
BACKGROUND:
The City of Diamond Bar has contracted with Metro Display Advertising, Inc. to provide bus shelters in the City
since July of 1990. The five year term of the original contract expired on July 1, 1995. A five year extension
to the contract was approved by the City Council on June 6, 1995, extending service through June 30, 2000.
Provisions in the extension allow for the installation of additional bus shelters, with City Council approval.
Over the past seven years, Metro Display Advertising, Inc. has paid all of the guaranteed franchise fees due
to the City, has maintained the bus shelters in a satisfactory manner at their expense and has operated an
advertising policy that generaly has been non-offensive to the community. Twice during the seven years, staff
has had to invoke its right to have advertising removed due to complaints from the community, per section 12
of the contract. Both times, Metro Display Advertising, Inc. promptly removed the advertising.
Metro Display Advertising, Inc., as a business, had some difficult times about six years ago, and even went
through a bankruptcy to reorganize. Despite the bankruptcy, all franchise fees due to the City have been paid,
although some fee payments were delayed by the bankruptcy action. All required maintenance activities
required under the contract have been completed, even while in bankruptcy, and the service of the community
has not been Interrupted.
There have been some significant acts of vandalism on many of the bus shelters that has resulted in decisive
action by officials at Metro Display Advertising, Inc. Many of the bronze colored glass panels, located behind
City Council Report
Meeting Date: April 1, 1997
Metro Display Advertising, Inc.
Page 2
the bench in the shelters, have been destroyed by rock throwing vandals. In order to resolve this problem,
many of these glass panels have been replaced with frosted acrylic panels that do not break. In another act
of vandalism, a bus shaker in Diamond Bar was doused with a flammable liquid and burned up. Maintenance
crews from Metro Display Aduesing, Inc. removed the bus shelter within hours of notification. The destroyed
shelter was immediately replaced with a new one.
It is staffs experience that Metro Display Advertising, Inc. is responsive to the needs of the community. They
currently provide quality shelters at 20 bus stops in Diamond Bar and maintain them in a manner satisfactory
to the community.
DISCUSSION:
Metro Display Advertising, Inc. is offering to add four (4) additional shelters in Diamond Bar, bringing the total
number of bus shelters to twenty-four (24), up from twenty (20). The proposed locations for the new bus
shelters include:
1. Northbound Diamond Bar Blvd. at south side of Silver Hawk.
2. Southbound Diamond Bar Blvd. at south side of Tin Drive.
3. Southbound Diamond Bar Blvd. at south side of Clear Creek Canyon Drive.
4. Northbound Diamond Bar Blvd. opposite Acacia Hill Drive
Per the terms of contract Amendment #1, Metro Display Advertising, Inc. shall pay all costs for materials and
labor to install the four (4) bus shelters. The City may have to absorb some staff time and/or cost for plan
check and construction inspection.
Each of the new bus shelters will be lighted with a solar powered lighting system from dusk to dawn every
night. Should physical obstructions, such as trees, make it impossible to use solar power, then an electrical
hook-up shall be completed, with all hook-up and electricity costs bome by Metro Display Advertising, Inc.
The terns of contract Amendment #1 also increases the amount of free Public Service Advertising (PSA's) time
available in the bus shakers. This will allow for increased publicity of the City Anniversary Celebration,
Concerts in the Park and other City activities and promotions.
PREPARED BY:
Bob Rose, Community Services Director
City of Diamond Bar
21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 917654177
(909) 860-2489 - Fax (909) 861-3117
June 15, 1995
Metro Display Advertising, Inc.
Scott Kraft, President & CBO
15265 Alton Parkway, Ste 100
Irvine, CA 92718
RE: Bus Shelters Contract
Dear Mr. Kraft:
The City of Diamond Bar is interested in extending the Bus Shelter Contract
with Metro Display Advertising, Inc. The term of the extension is for five (5)
years per Section 15 of the existing contract. Conditions of the extension have
been negotiated to include the following:
Phyllis E. Papen a. Term of extended Contract will begin on July 1, 1995 and shall continue
Mayor for five (5) years, unless previously terminated.
Gary H. Werner b. Fee payable to City stated in Section 2.a. shall be the higher of 19.1%
Mayor Pro Tem of gross advertising revenues or $24,000 per year. No CPI increases
Eileen R. Ansari will be available for the five year term and no additional guaranteed fees
Council Member will be available if additional bus shelters are installed.
Clair W. Harmony C. Section 16, Termination, shall be revised to add the following paragraph:
Council Member Contractor shall retain the right to remove any shelter upon sixty (60)
Gary G. Miller days notice to the City of Diamond Bar in the event the Federal, State,
Council Member Municipal or other proper authorities should hereafter establish any rules,
regulations or taxation which shall so restrict location, construction,
maintenance or operation of the shelters as to substantially diminish the
value of said shelters for advertising purpose which effectively inhibits
the ability of the bus shelter to generate advertising profit.
d. Section11, Shelter and Bench Maintenance and Repair, shall be revised
to require cleaning and trash removal by the contractor twice per week,
one of those being on the first work day following a weekend, and to
Recycled paper
Letter to Metro Display Advertising, Inc.
Re: Extension of Contract
June 15, 1995
Page Two
require a three (3) hour response time maximum by contractor
maintenance crews for any problem relating to the shelters.
It is understood that, should the City Council request, Metro Display
Advertising, Inc. shall install additional Bus Shelters in Diamond Bar, the
quantity and locations to be determined by the City Council.
Upon approval of the contract extension by the Diamond Bar City Council, a
fully executed copy of this letter will be forwarded to you.
Sincerely,
Bob Rose, Director
Community Services Department
By signing below, the parties agree to the above terms.
Mayor Date
City of Diamond Bar
Attest:
i
We 10 =IV
Advertising, Inc.
Approved to Form:
'L9 S ',
City Attorney ate
QgZZXZNT FOR BUS SHELTERS
THIS AGRZZXZNT, made and entered into this lsr_ day of
July , 1990, by and between the CITY OF DIAKOND BAR, a
municipal corporation of the State of California, (the "City"),
and
RECITALS:
A. City needs bus shelters and bus benches, hereinafter re-
ferred to as "shelters" and "benches", at various designated bus
stop locations throughout the City.
B. City desires to provide such shelters and benches with-
out incurring costs and expenses therefor.
C. city has requested proposals for construction and main-
tenance of such shelters and benches.
D. Franchisee represents that it is willing and qualified
to provide such shelters under the terms and conditions hereinaf-
ter set forth.
E. City is willing to provide Franchisee with a right to
construct, erect, install, repair, maintain and insure such shel-
ters on City -owned property under the terms and conditions herein-
after set forth.
wszR= oRl, in consideration of the respective and mutual cov-
enants and promises hereinafter contained and made and, subject to
all of the terms and conditions hereof, the parties hereto do
hereby agree as follows:
1.
Grant of Right by City_
City hereby grants to Franchisee, subject to prc•:4.-
sions herein, the right to construct, erect, install, repair, and
1
maintain and insure shelters as described in Exhibit "A", at'_ac^e_�
hereto and incorporated herein by reference, at twenty (20) desig-
nated bus stop locations, said locations described in Exhibit "A"
attached hereto and incorporated herein by reference.
2. gee Payable to City_
a. In consideration of the right granted hereby,
Franchisee agrees to pay to City 19.1% of the gross advertis-
ing revenues received by Franchisee, after agency commission, for
the rental of advertising space in and on each shelter, and in no
instance shall said payment be less than a minimum of $76.10
per month per shelter which is maintained and/or owned by Franchi-
se* within the City's Corporate limits. The greater of these
amounts per calendar month will be the payment for that month.
Monthly guaranteed revenue per shelter will increase afteryear
one and through year five, by the same percentage of. increase as
reflected in the Los Angeles Consumer Price Index.
b. Franchisee shall make payment to City on a
quarterly basis for all shelter revenues due City for the preced-
ing quarter. Payments are due January 15, April 15, July 15, and
October 15 of each year.
C. All payments from Franchisee to City shall be
supported by a certified Statement of Account showing all shelter
locations and revenues received.
d. Franchisee shall allow inspection of its books
and records by City officials as authorized by City's Manager, at
Franchisee's office during reasonable business hours, to determine
revenues due the City.
e. Certified quarterly reports (unaudited) con-
cerning gross advertising receipts derived from shelters within
2
the City shall be provided to the City Manager of City within thl-
rty (30) days after the conclusion of each calendar quarter.
3. Franchisee's Services
Franchisee agrees, at its own cost and expense, to
perform as follows:
a. scone of Service.
Franchisee shall install and/or maintain a
total of twenty (20) shelters in the city upon City sidewalks at
twenty (20) locations specified in Exhibit ."A". In addition, up
to fifty (50) bus benches of custom design, embossed with the leg-
end "Diamond Bar" shall be furnished, installed and maintained.
Benches shall be installed at locations designated by City.
b.TiMoline for Installation.
Work on the construction or installation of
the first bus shelter shall begin July 15, 1990 after the franch-
ise has been awarded by the City Council. Building permit appli-
cations must be submitted to the proper agencies within thirty
(30) calendar days after the contract has been a,farded.
Installation of an individual shelter, includ-
ing all shelter amenities, except electrical connections, shall be
completed within seven (7) calendar days, after work has commenced
on such individual shelter. Failure to perform as required will
result in liquidated damages being assessed by the City.
Construction or installation of all twenty
(20) shelters including electrical connections shall be completed
within ninety (90) calendar days after the date that work has com-
menced on the first shelter.
Installation of all required bus benches shall
be completed within one hundred twenty (120) days after the date
3
of City design approval of the benches prior to fabricatizn.
Franchisee's proposed design to be submitted within thirty (30)
day of award contract.
Failure to perform, as required above, on any
item, will result in liquidated damages being assessed by the City
in the sum of fifty dollars ($50.00) for each delinquent day.
C. Additional Shelters.
The City reserves the right to require addi-
tional shelters subject to the provisions herein, and upon written
amendment to this agreement. Franchisee shall make every effort
to meet the need for additional City requested shelters, or docu-
ment in writing within seven (7) days why it cannot meet stated
needs. Failure to respond to City's written request within seven
(7) days shall release City to fill the need at its discretion.
No shelters other than those specified in Exhibit "A" shall be
installed by the Franchisee without written authorization from the
City.
d. nesian of Shelterm and Benches.,
1, apSCItICATIONS :
All work performed on the shelter or the
shelter site must conform to the requirements of the a*andard Sce-
cif cations For Public Works Construction, 1988 edition, and all
applicable codes and regulations, including, but not limited to,
the City Building and Electrical Codes. In addition, all work
must comply with the conditions of the Public Works Permit issued
for each location and any and all other conditions of the fran-
chise. Franchisee shall obtain any and all necessary building and
electrical permits prior to its performance of the franchise.
4
2. SHELTER DESIGN DRAWINGS:
All designs, plans and change orders
shall be signed by a California Registered Civil or Structural En-
gineer before they will be accepted for design or location appro-
vat.
Before any shelter may be installed in
the City of Diamond Bar, it shall be reviewed for adequate design
by the Diamond Bar Park and Building Departments for electrical
wiring and appurtenances, structural integrity and general sound-
ness of design and compliance with provisions of the franchise and
these specifications.
A location drawing shall be provided by
Franchisee and shall contain a minimum forty (40) feet to one -inch
scale representation of .the proposed shelter site, covering the
area from the adjacent property line to the street centerline at
the intersection. Mid -block sites may be shown with broken line
ties: The drawing shall tie the shelter -location to the closest
curb return and give the distance from the existing curb and adja-
cent property line to the shelter. It shall also show the loca-
tion of manholes, catch basins, fire hydrants, poles, trees and
other above -ground facilities within twenty-five (25) feet of the
proposed shelter.
4. Y,iBMiT!=
The City will issue "no fee" }permits, as
required, which may include building, electrical, and construction
and excavation permits required for the construction and installa-
tion of the bus shelters.
5
5, SHELTER SITE BELECTION:
Any shelter sites, in addition to those
specified initially by the City, shall be chosen by the City in
consultation with the Franchisee. The City shall supply the Fran-
chisee with a list of preferred shelter sites. Any proposed shel-
ter site shall be subject to the following screening process:
a) In the event the proposed site is
adjacent to a commercial user, the specific consent of the commer-
cial user may be required.
b). All sites proposed which are adja-
cent to residential uses shall be subject to review by the Diamond
Bar Engineering Department.
C) No shelter site shall be chosen
which will result in a shelter being closer than -ten (10) feet to
a driveway.
d) No shelter site shall be chosen
which will result in a shelter being located over a storm drain,
unless approved by the City Engineer.
e) No shelter site shall be chosen
which will result in a shelter being placed In such a position
that less than four (4) feet of contiguous sidewalk remains us-
able.
f) All sites are subject to approval by
the City Council based on safety of bus riders, traffic and pedes-
trians.
q) Every shelter shall be wheelchair
accessible.
6
In the event the City and Franchisee
zan-
not agree on the location of a site, beyond the initial twenty
(20) locations, the City's decision on locations shall be final.
Some of the initial twenty (20) shelter
sites may have benches existing. These existing benches shall be
removed and dismantled by the Franchisee and delivered to the
Parks and Maintenance Department. Some of the initial fifty (50)
bench sites may have existing benches, these too will be disman-
tled and delivered to the Parks and Maintenance Department.
• 6. BITE RELOCATION:
The City reserves the right to require
the Franchisee to relocate shelters and benches, at Franchisee's
sole expense, for the convenience of pedestrians and bus patrons
or because of a change in bus stop locations or street widening.
The Franchisee shall not.relocate or remove a bus shelter or bench
without the City's permission. The City may require or permit a
shelter or bench to be removed or relocated if it has been demon-
strated to be incapable of proper maintenance due to excessive
vandalism or any other reasonable cause. "'Excessive vandalism" is
defined as damage inflicted to an individual shelter during any
consecutive six (6) month period, which requires cumulative expen-
ditures for replacement and repair that exceed the original cost
of construction and installation of the shelter.
7. SHELTER DEBIGN sPZCI7T ATIONs:
Basic Shelter Design -
a) All shelters shall be of the same
design, wherever used throughout the City, unless alternate de-
signs are approved by the City.
b) Shelter shall be enclosed on two
7
sides and covered. Transparent panels shall be of tempered sa?ett
glass.
C) The roof shall be supported by four
curved corner steel columns, aluminum clad, steel columns or other
similar construction materials. Roof shall be Red Tile.
d) A standard roof overhang shall be
designed into the shelter to increase protection from the rain and
sun.
e) The space between all glass, ad pan-
els, and the sidewalk shall be a maximum of six (6) inches to ac-
commodate a blind person's touching cane. This may be accomplish-
ed with either a larger glass panel, a deeper bottom glass support
or a flange attached to the bottom of the glass support.
f) Final shelter design (sizes, roof
types, etc.) shall require City approval.
1. Advertisinq Banels -
a) only one, two-sided, back -lighted ad panel per shelter
will be allowed. Each ad panel side shall display no more than
twenty-five (25) square feet of advertising (fifty (50) square
feet total per shelter).
b) All ad panels shall be constructed of metal and tempered
safety glass.
2. Allowable Size of Shelter:
a)
Height:
716" to
816"
b)
Length:
14' to
17'
C)
Width:
416" to
516"
In the event a shelter is desired at a location which will
not permit construction of the standard shelter meeting these al-
lowable sizes, unique designs will be considered by the City.
8
All ad panels shall be locked or secured in a manner :na—
will eliminate or discourage vandalism.
3. wheelchair Access -
All shelters shall be designed to accommodate wheelchairs.
a. Shelter Beating -
Minimum bench length - 616"
Minimum bench width - 115"
Bench shall be located such that a wheelchair can be placed
alongside the bench within the shelter.
S. shelter Electrification -
Every shelter shall be illuminated from dusk to dawn by an
overhead, energy efficient, fluorescent lighting system concealed
in the roof structure. Failure to light the shelters at night
a -hall be grounds for cancellation of the franchise.
a) Minimum size - eighty (80). Solar power shall be used.
Supplemental conventional power may be used.
b) Photocells or other -approved devices capable of activat-
ing each shelter's lighting system shall be installed.
6. shelter Drainage. -
All shelters shall contain a roof gutter system to prevent
dripping water over the edges.
water shall be drained through a downspout(s) located in the
columns, with the water exiting at approximately sidewalk level.
7. Glazing Anchorage -
No edge of any glass panel shall be exposed.
All glass panels shall be securely contained and held at both
top and bottom. The securing of all four edges is preferable.
All post foundations shall be designed in accordance with the
uniform Building Code, latest edition adopted by the City.
9
e. Trash Receptacles -
Each shelter shall have at least one (1) covered trash recep-
tacle, designed and placed to promote maximum usage by shelter
patrons. The receptacle and its cover shall be securely attached
to the shelter.
No telephone vending machines, kiosks, news racks, or any
other device not specifically allowed in these specifications
shall be permitted to be installed on or near the shelters, with-
out prior authorization from the City.
e. SHSLTER SIGNAGE:
a) The Franchisee shall ensure that bus
route information, and City logo, are displayed in and around the
shelter.
b) The name of the nearest cross street
where appropriate, shall be placed on the roof facia on both ends
of the shelter. Minimum letter size for this sign shall be three
(3) inches high and two and one half (2-1/2) inches wide.
C) The Franchisee shall affix, in a
conspicuous area on each shelter, an owner identification plaque,
that includes its business name, address and telephone number.
9. OZZLTER CONSTRUCTION STICI?ICRTIONS:
a) The shelter shall be prefabricated
and assembled at the site.
b) No welding except for foundation
works shall be permitted at the site.
C) All concrete finishing shall conforn
to the Standard Specifications for Public Works construction, lat-
est edition.
10
d) The Franchisee shall have quality
control supervisors working for its contractor, if any, (not the
sub -contractor), at every construction site for a minimum of one
(1) hour per working day.
10. DUC8E8:
a) Bus benches shall be recycled plas-
tic as manufactured by Hammers Plastic Recycling Corp. RR3 Box
182, Iowa Falls, Iowa, 50126, (515) 648-5073, or equivalent de-
sign, as approved by the City. Concrete bus benches shall be as
manufactured by Robbins Pre Cast Inc., P. O. Box 2225, Irwindale,
California, 91706, (818) 357-4111, bench number PSP -72, or equiva-
lent design, as approved by the City.
b) Each bench shall be fabricated with
the legend "Diamond Bar" embossed on the face of the seat back.
C) The color of the benches shall be
coral, with color samples to be approved by the City.
d) Preference will be given to benches
made of recycled materials.
11. BSELTEA IND DnCK MRI1P1MMNCE AND REPAIR:
The Franchisee shall maintain, repair,
clean, and service all shelters and benches, keeping them, their
appurtenances and the immediate surrounding areas, in a safe,
clean, attractive, and sanitary condition. The Franchisee shall
be at liberty to enter upon and into shelters and benches at any
reasonable time with personnel and all necessary equipment and
materials to provide for the satisfactory maintenance of the
clean-up/trash removal calls on each shelter (not benches) at
least twice each week. Each shelter and bus bench shall be com
11
pletely steam cleaned as needed, but not less often than once 3
month.
The Franchisee shall repair or replace
bus shelters and benches due to damage, vandalism or graffiti w-
ithin two (2) working days after having been found at the time of
the required twice per week routine maintenance, or sooner upon
notification by the City. If shelter or bench damage or vandalism
is such that the public could be exposed to a dangerous situation
while in or -near the shelter or bench, the Franchisee shall repair
or, if necessary, remove the entire shelter or bench within twen-
ty-four (24) hours of notification, leaving the site in a safe
condition, and it shall be replaced and made fully operational at
the same location within five (5) working days after removal.
The Franchisee shall furnish to the City
a written monthly summary of its shelter maintenance operations
within the City of Diamond Bar. All maintenance work and correc-
tive actions shall be performed at the expense of the Franchisee.
Franchisee's personnel, equipment and/or
vehicles shall not block automobile or bicycle travel lanes with-
out proper warning signs and traffic delineation devices properly
placed in accordance with the Work Area Traffic Control Handbook
(published by Building News, Inc.).
12. &REMISING:
The Franchisee shall, upon request, tran-
smit to the City Manager or his designee, color copies of any and
all ads proposed to be placed in the shelters, for review prior to
display. Should the City, in its sole discretion, determine that
any advertising on any shelter is improper, offensive or consti-
tutes a display that is likely to interfere with, mislead or dis-
12
tract traffic, or conflict with any traffic control syste-_I, =:.e
Franchisee shall be so advised and shall not utilize such adver-
tising. In the event Franchisee fails to provide the City Manager
or his designee with such color copies prior to display, and the
display is determined to be improper, for any reason set forth
herein, Franchisee shall remove such advertising within twenty-
four (24) hours after the City serves written notice thereof.
Franchisee contractor will provide local businesses the right of
first refusal on 50% of the available advertising space.
13. PUBLIC onVICE K=88A4E8 i
The Franchisee shall, at least two (2)
times per year, for at least ten (10) consecutive calendar days,
display at least one (1) public service announcement in lieu of
paid advertising in each bus shelter. The Franchisee shall ar-
range for service and installation of the public service announce-
ments. The City -shall be entitled to specify certain public ser-
vice messages to be displayed.
14. PMFORKANCZ GNARANTERi
The Franchisee shall post and maintain an
irrevocable letter of credit which will inure to the benefit of
the City, or equivalent security approved by the City, in the
amount of twenty-five thousand dollars ($25,000.00). Said letter
of credit or security shall remain in effect over the duration of
the franchise period to insure the faithful performance of Fran-
chisee's covenants for construction, maintenance, and repair or
replacement of the shelters and benches, timely payment of all
revenues due the City, (including permit fees, business license,
advertising revenues), and restoration of shelter sites to their
condition existing prior to installation of the shelters, whenever
13
a shelter is removed or relocated.
All shelters no longer serving a speci-
fied bus route shall be removed by Franchisee within seven
(7) days after written notice is served by mail by City. Shelters
may be relocated only with City approval.
IS. :
The term of this Agreement shall commence
at 12:01 a.m., on the day following execution hereof by City and
shall continue for a term of five (5) years, unless previously
terminated as hereafter provided. By mutual agreement and consent
of both Bustop Shelters of California, Inc. and the City of Dia-
mond Bar, this agreement may be extended for two (2), five (5)
year increments. Conditions and revenue to be negotiated at time
of extension, as amended.
If the Franchisee
is
found to be in
de-
fault with respect to any term or provision
of
the franchise,
and
if after ten (10) days prior written notice, Franchisee does not
cure such default and provide for the satisfactory continuance of
the agreement, the City may terminate the contract upon giving the
Franchisee written notice thereof not less than sixty (60) days
prior to the effective date of termination.
Upon termination of the franchise, either
by default or by expiration of its term, and within ten (10) days
thereof the Franchisee shall remove the shelters and restore each
site to its proper and original condition at the Franchisee's own
cost and expense. The non -advertising bus benches shall remain in
place at the termination of the franchise.
14
17. INDEPENDENT CONTRACTOR:
Franchisee is an independent contractor
and not an employee of City, and all personnel to be utilized by
Franchisee in the performance of this Agreement shall be employees
of Franchisee and not employees of City. Franchisee shall pay all
salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
18. INSURUCE :
The Franchisee shall obtain, at its sole
cost, and keep in force throughout the term of the franchise, the
following insurance coverage:
a) Minimum one million dollars ($1,000-
,000.00) combined single limit public liability insurance for bod-
ily injury and property damage.
b) Said policy or policies shall be in
a -form approved by the City and shall name the City, the City
Council, its officers, agents and employees as additional insureds
by an endorsement to the policy. Said endorsement shall provide
that the City shall receive not less than thirty (30) days prior
written notice of cancellation of any policies of insurance re-
quired hereunder.
C) Franchisee shall furnish evidence,
prior to commencing performance of this Agreement, of having pro-
cured Workers' Compensation Insurance on behalf of its employees
in an amount as required by law and which is acceptable to the
City Attorney of City.
Further, the Franchisee shall obtain any
additional kinds and amounts of insurance which, in its own judg-
15
ment, may be necessary for the proper protection of any of its
officers', employees', agents', or authorized subcontractors' own
actions during the performance of this franchise.
19. REPRESENTATIVES AND NOTICES:
The City Manager or his designee shall be
the representative of City for purposes of this Agreement and may
issue all consents, approvals, directives and agreements on behalf
of City, called for by this Agreement, except as otherwise expres-
sly provided in this Agreement.
Tpan rl a»rip Lp_Rnwpr , shall be the
sole representative of Franchisee for purposes of this Agreement,
and may enter into any subordinate agreements with City pursuant
to this Agreement on behalf of the Franchisee.
Notice and written communications sent by
one party to the other shall be personally delivered or sent by
U.S. Mail, postage prepaid, to the following addresses:
If sent by Franchisee to City:
City Manager
City of Diamond Bar
21660 E. Copley Drive
Suite #100
Diamond Bar, CA 91765-4177
If sent by City to Franchisee:
Bus op, Shelters of California, Inc.
ATTN• Jean Claude LeRoyer
18423 Ski P rk' Circle. H2
T...ine ralifornia 92714
20. ORNER8RIP:
Prior to commencing performance under
16
this Agreement, Franchisee shall provide the City with a wr then
statement, executed under penalty of purjury, containing the fol-
lowing information:
a. If the Franchisee is a corporation,
the name of the corporation shall be set forth exactly as shown in
its Articles of Incorporation or charter together with the State
and date of incorporation and the names and residence addresses of
each of its current officers and directors, and of each stockhold-
er holding more than five percent (5%) of the stock of that corpo-
ration.
b. If Franchisee is a partnership, the
statement shall set forth the name and residence addresses of each
of the partners, including limited partners. If Franchisee is a
limited partnership, it shall furnish a copy of its certificate of
limited partnership• as filed with the County Clerk. If one or
more of the partners is a corporation, the provisions of subsec-
tion a, above, pertaining to corporate Franchisee shall apply.
C. Franchisee, if a corporation, or
partnership, shall designate one of its officers or general part-
ners to act as its responsible managing employee. Such person
shall complete and sign all the statements required in this sec-
tion.
d. If the Franchise* is not a corpora-
tion or partnership, the statement shall set forth the name and
residence address of each and every owner possessing more than
five percent (5%) ownership interest; regardless of whether such
ownership interest consists of stock or any other asset, tangible
or intangible.
17
21. SUBCONTRACTORS:
None of the services to be provided under
this Agreement shall be subcontracted without the prior approval
Of City. Franchisee shall be fully responsible to City for the
performance of any and all approved subcontractors. Any perfor-
mance of Franchisee's obligations hereunder by any person or en-
tity, other than Franchisee, without prior written permission of
City, shall be deemed reasonable cause for City to terminate this
Agreement.
22. ABBIGNABILITY:
This Agreement may not be sold, transfer-
red or assigned by the Franchisee or by operation of law, to any
other person or persons, business entity, without the City's prior
written permission. Any such sale, transfer or assignment, or at-
tempted sale, transfer or assignment without written- permission,
may be deemed by City to constitute a voluntary termination of
this Agreement by Contractor constitute a voluntary termination of
this Agreement by Franchisee and this Agreement shall thereafter
be deemed terminated and void; provided and excepting, however,
that if the Franchisee is a partnership and one or more of the
partners should die, one or more of the surviving partners may
acquire, by, purchase or otherwise, the interest of the deceased
partner or partners without effecting a surrender or termination
of this Agreement.
23. TNDWO17ICATIOxI
Franchisee shall defend, indemnify, hold
free and harmless the City, its elected officials, its officers
and employees, from and against any and all damages to property or
injuries to or death of any person or persons, and shall defend,
18
indemnify, save and hold harmless City, elected officials, its Of -
fivers and employees from any and all claims, demands, suits, ac-
tions or proceedings of any kind of nature, including, but not by
way of limitation, all civil claims, workers' Compensation claims,
and all other claims resulting from or arising out of the acts,
o errors or omissions of Franchisee, its employees and/or authorized
subcontractors, whether intentional or non -intentional, in the
performance of this Agreement.
24. VALIDITY:
The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity
of any of the other provisions of this Agreement.
25. GOVlitllIlla LhI t
This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
Zi. MIII IJt
This Agreement, plus City's "Request For
Franchise Proposals", which is hereby incorporated by reference as
part of this Agreement, supersedes any and all other agreements
whether oral or written, between the parties hereto with respect
to the subject matter hereof and contains all of the Covenants and
Agreements between the parties with respect to said matter, and
each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone actinq on behalf of any party,
which are not embodied herein, and that any other agreement or
modification of this Agreement shall be effective only if executed
in writing and signed by both City and Franchisee.
19
27. TALIMUM
Franchisee recognizes and understands
that this Agreement may create a possessory interest in Franchisee
subject to property taxation and Franchisee agrees to assume al
subs taxes levied
liability and responsibility for payment of property
on ..:ch interest.
2G.
In the event any legal proceeding is in
stituted to enforce any term or provision of the Agreement,
the
party in said legal proceeding shall be entitled to re
osing party in an
cover attorneys' fees and costs from the opp
amount determined by the Court to be reasonable.
2!.
Any dispute or controversy arising under
A reement, or in connection with any of the terms and under
this 9
the g
's Agreement, or in connection with any of the terms and con i
hereof, shall be referred by the parties hereto for media-
tions selected,
tion. A third party, neutral mediation service shall be.
n b the parties and the costs and expenses thereof
as agreed upon Y expenses
all be borne equally by the parties and the costs and
shall In the
borne equally by the parties hereto.
thereof shall be
ree up a on the mediator
event the parties are unable to mutually g
selected hereunder, the City Council shall select such a
to be Bele Council's de
neutral, third party mediation service and the City
final. The parties agree to utilize their - good
cision shall be so sub
-
faith efforts to resolve any such dispute or controversy
agreed by
to mediation. It is specifically understood and
witted ute or controver-
arties hereto that referral of any such disp
the p therby,
sy,
and mutual good faith efforts to resolve the same
317
shall be conditions precedent to the institution of any action or
proceeding, whether at law or in equity with respect to any such
dispute or controversy.
21
IN WITNESS WHEREOF, the parties hereto have executed t: -::s
Agreement, the date and year first above written.
ATTEBT:
(,rx iia,�L C Oc',ca0�
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
CITY OF DIAMOND BAR
A Municipal Corporation of
the State of California
DIAMOND BAR
CITY ATTORNEY 4AGING G ERAL PARTNER
ISEE
22
EXHIBIT A
Shelter Locations
These locations are in commercial areas and require shelter for a
minimum of 10 patrons a day. Listed below are those sites:
1.
Location
0
of Patrons
WB
Diamond Bar
Brea Canyon
18
2.
WB
Diamond Bar
Fountain Springs
21
3.
WB
Diamond Bar
Grand
38
4.
WB
Diamond Bar
Golden Springs
105
5.
WB
Diamond Bar
Save -on Entrance
88
6.
WB
Diamond Bar
Pomona Freeway
26
7.
WB
Diamond Bar
Sunset
45
S.
WB
Diamond Bar•
Highland
37
9.
WB
Diamond Bar
Temple
21
10.
WB
Golden Springs
Grand
38
11.
'WB
Golden Springs
Brea Canyon
70
`
12.
EB
Golden Springs
Brea Canyon,
71
13.
EB
Golden Springs
Grand
37
,14.
EB
Diamond Bar
Golden Springs
85
15.
EB
Diamond Bar
K -Mart Entrance
99
16.
EB
Diamond Bar
Sunset
41
17.
EB
Diamond Bar
Highland
25
18.
EB
Diamond Bar
Grand
35
19.
EB
Diamond Bar
Quail Summit
15
20.
EB
Diamond Bar
Brea Canyon
19
23
CITY OF DIAMOND BAR
MEMORANDUM
TO: Mayor and City Council Members
FROM: Terrence L. Belanger, City Manager
Kellee A. Fritzal, Assistant to the City Manager k y
SUBJECT: CABLE AGREEMENT
DATE: March 28, 1997
After discussion between City staff and Jones Intercable the following modifications have been
incorporated into the proposed Agreement:
Section 6.3.1, page 22 - New section to read: "Grantee will also provide a small studio at
its office location. Grantee will also make available its studio facilities located in
affiliated cable systems."
Section 6.5 (a), page 22, fourth sentence - regarding the financial contribution for the
Governmental Access Channel of $50,000 - revised to read "... after the sixth anniversary
of this Agreement...", instead of the original first anniversary of this Agreement, for the
10% reduction in the contribution to occur.
At the March 14, 1997, City Council Meeting there was discussion regarding the ability to
renegoitate additional monetary contribution after adoption. In the proposed agreement, Section
6.5 (c) provides for the ability to negotiate additional financial support for additional and
unforeseen expenditures necessitated by new technology for the governmental access channel.
Attached is a matrix of various cities Cable Television System Franchise Agreements for your
information.
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AGENDA ITEM NO. 8.1
REVISED CABLE TELEVISION FRANCHISE AGREEMENT
WILL BE AVAILABLE MONDAY, MARCH 31, 1997
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DIAMOND BAR AUTHORIZING THE
RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN
THE CITY AND JONES INTERCABLE, INC., AND CONCURRENTLY
AUTHORIZING THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE
AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS CENTURY
CABLE TELEVISION VENTURE
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN
AS FOLLOWS:
Section 1. This ordinance is adopted in
consideration of the following facts and circumstances:
A. Jones Intercable, Inc., a Colorado corporation,
("Franchisee") is the duly authorized holder of a franchise
("Franchise") that authorizes the construction, operation, and
maintenance of a cable television system within the City of
Diamond Bar ("Franchise Authority").
B. In accordance with Ordinance No. 04 B adopted by
the City Council on December 3, 1996, the Franchise will
terminate in its entirety on May 31, 1997.
C. Negotiations between the Franchise Authority and
the Franchisee commenced in mid-1996 and have resulted in a new
agreement entitled "An Agreement between the City of Diamond Bar
and Jones Intercable, Inc., Renewing a Nonexclusive Franchise to
Operate a Cable Television System in the City of Diamond Bar and
Setting Forth Terms and Conditions Relating to the Renewal of the
Franchise" ("Franchise Renewal Agreement").
D. During the renewal negotiations between the
Franchise Authority and the Franchisee, the Franchisee gave
notice of its intention to sell and transfer the Franchise to
Citizens Century Cable Television Venture, a joint venture
organized under the laws of the State of New York and comprised
of Citizens Cable Company, a Delaware corporation, and Century
Telecommunications Venture Corp., a Delaware corporation
("Transferee").
E. On November 7, 1996, the Franchise Authority
received from the Franchisee and the Transferee an application
for a transfer of control of the existing Franchise, which
application included FCC Form 394 entitled "Application for
Franchise Authority Consent to Assignment or Transfer of Control
of Cable Television Franchise."
F. In accordance with Section 13.12.540 of Chapter
13.12 of the Diamond Bar Municipal Code, the Franchise Authority
has the right to review and approve the financial, technical, and
legal qualifications of the Transferee in connection with the
proposed transfer of control of the Franchise.
G. The staff of the Franchise Authority has reviewed
the documentation that accompanied FCC Form 394 and, based upon
the representations set forth in that documentation, has
concluded that the proposed Transferee has the requisite
financial, technical, and legal qualifications to adequately
perform, or to ensure the performance of, all obligations
required of the Franchisee under the Franchise, and that the
Transferee will be bound by all existing terms, conditions, and
obligations under the Franchise previously granted by the
Franchise Authority to the Franchisee.
Section 2. The Franchise Authority authorizes the
renewal of a nonexclusive franchise with Franchisee to construct,
operate, and maintain a cable television system within the City.
This authorization is made in accordance with the applicable
provisions of Division 6 ("Renewal") of Chapter 13.12 of the
Diamond Bar Municipal Code, the applicable provisions of state
and federal law, and the terms and conditions of that certain
Franchise Renewal Agreement attached as Exhibit A to this
ordinance and incorporated by this reference.
Section 3. That certain Franchise Renewal Agreement
attached as Exhibit A to this ordinance is authorized and
approved, and the Mayor is authorized to execute that agreement
on behalf of the Franchise Authority following its execution by
the Franchisee.
Section 4. Upon execution of the Franchise Renewal
Agreement by the parties as provided for above in Section 3, the
Franchise Authority, in accordance with Section 13.12.540 of
Chapter 13.12 of the Diamond Bar Municipal Code, consents to and
approves the proposed sale and transfer of control of the
Franchise by Jones Intercable, Inc. to Citizens Century Cable
Television Venture, conditioned upon compliance with the
following requirements, as to which the Franchisee and the
Transferee are jointly and severally responsible:
A. The Franchisee and the Transferee will execute and
file in the office of the City Clerk an "Assignment and
Assumption Agreement" in substantially the form attached to this
ordinance as Exhibit B. The Mayor is authorized to execute that
document and thereby evidence the written consent of the
Franchise Authority to the assignment and assumption of all
rights and obligations under the Franchise Renewal Agreement.
B. An original or conformed copy of the written
instrument evidencing the closing and consummation of the
proposed sale and transfer of the Franchise by the Franchisee to
the Transferee must be filed in the office of the City Clerk
within thirty (30) days after that closing and consummation.
C. The Franchise Authority will be reimbursed for all
costs and expenses reasonably incurred by the Franchise
Authority's staff in processing and evaluating the information
relating to the proposed sale and transfer of the Franchise;
provided, however, that those costs and expenses will not exceed
the sum of $5,000 and will be set forth in an itemized statement
transmitted by the City Manager, or the City Manager's designee,
to the Franchisee and the Transferee within thirty (30) days
after the effective date of this ordinance.
Section S. The City Clerk is directed to transmit a
certified copy of this ordinance to Mr. Clifford A. Bail, Vice
President - Legal Affairs and Corporate Counsel, Century
Communications Corporation, 50 Locust Avenue, New Canaan,
Connecticut 06840-4750, and to Thomas E. Carlock, Esq., Counsel
for Jones Intercable, Inc., 9697 E. Mineral Avenue, Englewood,
Colorado 80155-3309.
Section 6. The City Clerk is directed to certify to the
passage and adoption of this ordinance and to cause it to be
published or posted as required by law.
PASSED, APPROVED, AND ADOPTED this day of
1997.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond
Bar, certify that the foregoing ordinance was introduced at a
regular meeting of the City Council of the City of Diamond Bar
held on the day of , 1997, and was finally
adopted at a regular meeting of the City Council of the City of
Diamond Bar held on the day of 1997, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
- 3 -
AN AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND
JONES INTERCABLE, INC., RENEWING A NON-EXCLUSIVE
FRANCHISE TO OPERATE A CABLE TELEVISION SYSTEM
IN THE CITY OF DIAMOND BAR AND SETTING FORTH TERMS
AND CONDITIONS RELATING TO THE RENEWAL OF THE FRANCHISE.
ASSIGNMENT AND ASSUMPTION AGREEMENT
(CABLE TELEVISION FRANCHISE AGREEMENT)
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement")
is made and entered into this day of
1997, by and between Jones Intercable, Inc., a Colorado
corporation ("Assignor"), Citizens Century Cable Television
Venture, a joint venture organized under the laws of the State of
New York ("Assignee"), and the City of Diamond Bar, a California
municipal corporation ("Franchise Authority").
A. Assignor is the authorized holder of a franchise
that authorizes the construction, operation, and maintenance of a
cable television system within the City of Diamond Bar,
California. Assignor's nonexclusive cable television franchise
was renewed by the Franchise Authority by Ordinance No.
adopted on , 1997.
B. Subject to the prior consent of the Franchise
Authority, Assignor desires to assign and transfer to Assignee,
and Assignee desires to assume, all rights, duties, and
obligations under that certain agreement approved by Ordinance
No. and entitled "An Agreement between the City of Diamond
Bar and Jones Intercable, Inc., Renewing a Nonexclusive Franchise
to Operate a Cable Television System in the City of Diamond Bar
and Setting Forth Terms and Conditions Relating to the Renewal of
the Franchise" ("Franchise Renewal Agreement").
THE PARTIES AGREE AS FOLLOWS:
1. Assignor assigns and transfers to Assignee all of
Assignor's rights, duties, and obligations under the Franchise
Renewal Agreement.
2. Assignee covenants and agrees with Assignor and with
the Franchise Authority to assume all rights and to assume and
perform all duties and obligations of the Assignor under the
Franchise Renewal Agreement.
3. Franchise Authority consents to the assignment and
transfer by Assignor to Assignee of all rights, duties, and
obligations specified in the Franchise Renewal Agreement.
TO EFFECTUATE THIS AGREEMENT, the parties have caused
this Assignment and Assumption Agreement to be executed by their
duly authorized representatives as of the date set forth below
the authorized signature.
APPROVED AS TO FORM:
Legal Counsel
APPROVED AS TO FORM:
Legal Counsel
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
"ASSIGNOR"
JONES INTERCABLE, INC.
By
Title
Date
"ASSIGNEE"
CITIZENS CENTURY CABLE
TELEVISION VENTURE
By
Title
Date
"FRANCHISE AUTHORITY"
CITY OF DIAMOND BAR
By
Mayor
Date
CITY OF DIAMOND BAR
MEMORANDUM
TO: Mayor and City Council
FROM: Terrence L. Belanger, City Manager ,"y/
VIA: Kellee A. Fritzal, Assistant to the City Manager`
SUBJECT: AN AGREEMENT FOR RENEWING A FRANCHISE TO
OPERATE A CABLE TELEVISION SYSTEM TO JONES
INTERCABLE FRANCHISE AND TRANSFER OF SUCH
FRANCHISE TO CITIZENS CENTURY CABLE
DATE: March 14, 1997
ISSUE STATEMENT
Should the City Council approve " An Ordinance of the City of Diamond Bar Authorizing the
Renewal of a Cable Television Franchise Agreement between the City and Jones Intercable, Inc.,
and Concurrently Authorizing the Assignment or Transfer of that Franchise Agreement by Jones
Intercable, Inc. to Citizens Century Cable Television Venture."
RECOMMENDATION
It is recommended that the City Council approve Ordinance 97 - XX " An Ordinance of the City
of Diamond Bar Authorizing the Renewal of a Cable Television Franchise Agreement between
the City and Jones Intercable, Inc., and Concurrently Authorizing the Assignment or Transfer of
that Franchise Agreement by Jones Intercable, Inc. to Citizens Century Cable Television
Venture."
SUMMARY
On March 4, 1997 the City Council conducted a Workshop to discuss the Cable Television
Franchise Renewal Agreement. The City and Jones Intercable/Century Communications
Corporation have been in the process of negotiating the renewal of the Cable Television
Franchise. The renewal process for cable television franchises is governed through Federal
Regulations. During the process of the cable franchise negotiations, the City received an
application for transfer of the existing franchise from Jones Intercable to Citizens Century Cable
Television Venture.
The Federal Regulation sets forth a presumption of renewal for the existing cable company.
The proposed Agreement consist of the following items: Ten Year Franchise; System
upgrade in two tiers: (1) Within two years, installation of seven fiber backbone hub sites to
immediately allow for three additional channels, (2) Within six years of the seven fiber backbone
hub sites a rebuild of the cable system to not less then 550 Mhz or 78 channels (an increase of 21
channels); Special event coverage between 20 to 25 City events or financial contribution for
purchase of equipment for special event coverage.
The 1996 Telecommunications Act limited the authority of franchising authorities to approve
transfers or sales of cable systems. Within 120 days of such request the City must act upon the
request or the request will be considered granted. The cable operator and the franchise authority
may also agree to an extension of time. The 120 day period expired on.March 7, 1996; however
Jones/Century and the City agreed to an extension to March 18, 1997.
Based upon the review of the information required as detailed in the Federal Communication
Commission Form 394 "Application for Franchise Authority Consent to Assignment or Transfer
of Control of Cable Television Franchise." Jones Intercable and Century Communications have
provided the required information.
FEDERAL LEGISLATION
In 1984, the Federal Government began regulating the cable television franchise process. In
1992, Congress amended the Cable Act to not allow rate regulation except by the Federal
Communication Commission (FCC).
The new 1996 Telecommunications Act is designed to remove regulatory barriers and encourage
competition among the diverse types of communication companies. The focus of the
Telecommunication Act was to allow local telephone companies into the long distance and cable
television markets. It allows long distance telephone companies, cable operators, cellular
providers and others into the local telephone market. The Act encourages satellite services to
compete with cable services. The Act loosens telephone and cable rate regulations and loosens
regulations of television and radio broadcasters.
Congress has expressly prohibited any franchising authority (City or County) from determining
cable rates or programming.
FRANCHISE RENEWALS
Currently, Jones Intercable operates a cable television franchise under the terms and conditions
set forth by the County Master Cable Television Ordinance and Ordinance 12,137 as amended
and heretofore adopted by the City. This franchise, which was originally approved by the
County of Los Angeles Board of Supervisors on April 22, 1980 to Walnut Valley Cable
Television and subsequently transferred to Jones Intercable of California, expired on May 23,
2
1995. Prior to the expiration of the franchise, the City Council adopted Ordinance 04 (1995)
which extended the term of the cable television franchise. The current extension 04(B) will
expire June 3, 1997.
The Telecommunication Acts sets forth the methods for renewing cable television franchises.
The two methods are formal or informal renewal procedures. The City and Jones Intercable are
using the informal renewal process. Congress has defined the criteria for evaluating renewals of
cable franchises.
The franchising authority must use four stated criteria to determine whether to renew or deny a
franchise. The franchising authority must assess whether:
♦ the operator (Jones) "substantially complies" with the terms of the existing franchise and
applicable law;
♦ the quality of service, including signal quality, response to consumers' complaints and
billing practices has been reasonable in light of community needs; (level of service not
mix or quality of service can be reviewed)
♦ the operator has the financial, legal and technical ability to provide the services,
equipment and facilities offered in its proposal; and
♦ the operator's proposal is reasonable to meet future cable -related interests and needs of
the community, considering the cost of meeting those interests and needs.
Denial of renewal cannot be based upon an operator's failure to comply with the terms of the
franchise agreement, or on service quality problems (e.g. signal quality, customer service delays)
unless the franchise authority has provided the operator with a notice of the problem and
opportunity to correct it. Congress has provided for a presumption of renewaL for the cable
operators.
To assist the City in determining Jones Intercable's compliance with the Franchising Agreement
and applicable law, the City undertook a technical, financial/customer complaint evaluation of
the cable system. In addition, the City conducted a City-wide survey of the Community opinion
of the cable system. Below is a summary of the reviews:
♦ Technical Review - Jonathan Kramer performed a technical audit of the system. Based
upon this review, Jones Intercable has hired both a Grounding Technician and
Maintenance Technician to upgrade the grounding requirements of the California Public
Utilities and National Electric Code. Jones has diligently worked towards the upgrading
of all homes to the new grounding requirements.
♦ Financial and Customer Complaint Review - The City's auditor, Conrad Associates
provided the review. Based upon the customer complaints requirements as set by the
existing franchise Jones Intercable is in compliance with the customer complaint
requirements. In accordance with the Agreement, Conrad Associates reviewed the gross
revenue collected and reports and cable subscribers.
♦ Cable Television Survey - Pacific Research & Strategies provided a telephone survey of
500 residents. The survey determined that 60% of the subscribers were satisfied with the
cable operator and the services currently provided. However, 23% indicated they would
like to see more channels or a wider variety of programming.
PROPOSED AGREEMENT FOR THE RENEWAL OF CABLE TELEVISION
During the renewal process Jones Intercable was sold to Citizens Century Cable Television
Venture (a division of Century Communication Corporation). In addition to the renewal of the
Cable Television Franchise, the City has been requested to consider the Transfer of the Cable
Television Agreement.
City staff, Jones Intercable and Century Communication have been negotiating an Agreement
regarding the renewal of the Cable Television Franchise. The City Council Sub -committee has
met with Jones Intercable and Century Communications regarding the proposed Agreement.
The proposed Agreement calls for the following:
♦ Ten (10) year Agreement
♦ System Upgrade - Two tiers
(1) Within two years from adoption seven (7) fiber backbone hub sites will be
installed. The seven hub sites will allow for three (3) additional channels to be
added to the line-up, which create the ability to deliver segmented programming
by hub site, rather then to the entire system. The fiber backbone hub sites will
serve approximately 2,600 homes.
(2) Within six (6) years of the installation of the seven backbone hub sites (no
later than December 21, 2004), Grantee (Jones/Century) will complete a rebuild
of the cable system to not less then 550MHz or 78 channels. This upgrade will
increase the channel capability by 21 channels.
♦ Performance Bond for the construction phase of $500,000. Performance Bond for
Franchise Agreement of $100,000.
♦ Bonus incentive for the timely completion of the upgrade of an additional five (5) year
term.
♦ Coverage of Special Events of between 10 to 15 community events or financial
contribution for the purchase of equipment for the Governmental Programming.
4
The Agreement calls for the continuation of the Educational, Governmental and Local
Origination requirements. The Agreement does not call for public access provisions.
Century Communications provides an assistance plan (CAP) for low-income residents. The
assistance plans calls for a 20% discount on Basic Service Only. Currently Jones Intercable does
not provide for such a discount program. It should be noted that such discounts cannot be a
required condition of renewal.
The upgrade of the system to fiber optic will carry a higher quality broadcast to subscribers. For
a local cable operator to remain competitive in the deregulated industry they will need to provide
a high quality of service, as provided by a fiber optic upgrade.
TRANSFER OF CABLE TELEVISION SYSTEMS
In accordance with the Federal Regulations, the City received FCC Form 394 and accompanying
documents that relate to the proposed transfer of the existing Cable Television Franchise by
Jones Intercable to an entity identified as "Citizens Century Cable Television Venture". The
City and City Attorney's Office reviewed the submittal requested additional information, the
transfer package is complete and in accordance with the Federal Regulations.
The Citizens Century Cable Television Venture is owned by two corporate entities. Those
entities are Century Telecommunication Venture Corp and Citizen Cable Company. There is a
Management Agreement between the Venture and Century Communications Corp. to authorize
that Century Communications Corporation manage the activites of the cable television
franchise.
Attachment
KAF
AN AGREEMENT BETWEEN THE CITY OF DIAMOND BAR
AND JONES INTERCABLE, INC., RENEWING A NON-
EXCLUSIVE FRANCHISE TO OPERATE A CABLE
TELEVISION SYSTEM IN THE CITY OF DIAMOND BAR
AND SETTING FORTH TERMS AND CONDITIONS
RELATING TO THE RENEWAL OF THE FRANCHISE.
Page
1.
RENEWAL OF FRANCHISE . . . . . . . . . . . . . . .
. 2
1.1.
Parties to the Agreement. . . .
. 2
1.2.
Representatives of the Parties and Service of
Notices . . . . . . . . . . . . . . . . . . .
.2
1.3.
Definitions . . . . . . . . . . . . . . . . .
3
1.4.
Conflicts . . . . . . . . . . . . . . . . . .
3
1.5.
Grant . .. . . .
3
1.6.
Right of Grantor to Issue and Renew Franchise
4
1.7.
Effective Date of Renewal . . . . . . . . . . .
. 4
1.8.
Duration4
1.9.
Franchise Not Exclusive
5
1.10.
Scope of the Franchise . . . . . . . . . . . .
. 5
2.
GENERAL REQUIREMENTS . . . . . . . . . . . . . . . .
. 6
2.1.
Governing Requirements . . . . . . . . . . . .
.6
2.2.
Franchise Fee . . . . . . . . . . . . . . . .
.7
2.3.
Payment to Grantor . . . . . . . . . . . . .
.8
2.4.
Insurance Requirements . . . . . . . . . . . .
.8
2.5.
Performance Bonds . . . . . . . . . . . . . . .
.11
2.6.
Periodic Adjustments . . . . . . . . . . . . .
. 13
3.
RIGHTS
RESERVED TO THE GRANTOR . . . . . . . . . . . .
. 14
3.1.
Reservation . . .14
3.2.
Delegation of Powers
14
3.3.
Right of Inspection of Construction . . . . . .
. 14
3.4.
Right to Require Removal of Property
15
3.5.
Right of Intervention . . . . . . . . . . .
15
4.
SYSTEM
UPGRADE AND REBUILD AND SPECIAL SERVICES . . .
. 15
4.1.
Upgrade and Rebuild15
4.2.
Outlets for Public Buildings
17
4.3.
Emergency Alert Capability . . . . . . . . . .
. 17
4.4.
No Offset Against Franchise Fees . . . . . . .
. 18
4.5.
Parental Control Devices . . . . . . . . . . .
.18
4.6.
Technical Standards . . . . . . . . . . . . . .
. 18
5.
SERVICES, PROGRAMMING AND CONSUMER PROTECTION
STANDARDS. . . . . . . . . . . . . . . . . .
18
5.1.
Services andProgramming . . . . . . . . .
. 18
5.2.
Discounts for Low Income Residents . . . . . .
.19
5.3.
Leased Channel Service . . . . . . . . . . .
19
5.4.
Nondiscrimination . . . . . . . . . . . . . .
19
5.5.
Billings. . . . . . . . . . . .
20
5.6.
Subscriber "Bill of Rights" . . . . . . . . .
. 20
5.7.
Consumer Protection Standards . . . . . . . .
20
5.8.
Tapping and Monitoring . . . . . . . . . . .
20
5.9.
Subscriber Privacy Rights . . . . . . . . .
. 21
5.10.
Disclosure of Subscriber Lists . . . . . . . .
. 21
970328 10572-00009 P 0592960 1 - i -
6.
SUPPORT
OF LOCAL CABLE USAGE . . . . . . . . . . . . . .
21
21
6.1.
Governmental Access Channel . . . . . . . . . . .
6.2.
Educational Access Channel . . . . . . . . . . .
22
6.3.
Local Origination Programming . . . . . . . . . .22
6.3.1.
Studio Facilities . . . . . . . . . . . . . . .
22
6.4.
Coverage of Special Events . . . . . . . . . . .
22
6.5.
Financial Support for Governmental Access
Channel . . . . . . . . . . . . .
22
6.6.
Compliance with Federal Law . . . . . . . . .
23
6.7.
Grantor's Covenant Not to Compete . . . . . . . .
24
7.
DESIGN
AND CONSTRUCTION . . . . . . . . . . . . . . . .
24
7.1.
System Construction . . . . . . . . . . . . . . .
24
7.2.
Construction Components and Techniques . . . . .
24
7.3.
Technical and Performance Standards . . . . . .
.24
7.4.
Construction Codes . . . . . . . . . . . .
. 24
7.5.
Construction Default . . . . . . . . . . . . .
. 25
7.6.
Vacation or Abandonment . . . . . . . . . . . .
.25
7.7.
Abandonment in Place . . . . . . . . . . . . .
.26
7.8.
Removal of System Facilities . . . . . . . . .
.26
7.9.
Movement of Facilities . . . . . . . . . . . .
.27
7.10.
Undergrounding of Cable . . . . . . . . . . . .
.27
7.11.
Facility Agreements . . . . . . . . . . . . . .
. 27
7.12.
Repair of Streets and Public Ways . . . . . . .
. 27
7.13.
Erection of Poles Prohibited . . . . . . . . .
.28
7.14.
Reservation of Street Rights . . . . . . . . .
. 28
8.
PERFORMANCE AUDITS AND TECHNICAL DATA . . . . . . . .
. 28
8.1.
Biennial Audit of Performance . . . . . . . . .
.28
8.2.
System Technical Data . . . . . . . . . . . . .
. 30
8.3.
Emergency Repair Capability . . . . . . . . . .
. 30
9.
REVOCATION AND FORFEITURE . . . . . . . . . . . . . .
. 31
9.1.
Revocation . . . . . . . . . . . . . . . . . .
. 31
9.2.
Forfeiture . . . . . . . . . . . . . . . . . .
. 31
10.
RECORDS;
REPORTS; RIGHT TO INSPECT AND AUDIT; EXPERTS
31
10.1.
Grantee to Provide Records . . . . . . . . . ..
31
10.2.
Records . . . . . . . . . . . . . . . . . . . .
. 32
10.3.
Maintenance and Inspection of Records . . . . .
. 32
10.4.
Reports of Financial and Operating Activity . .
. 32
10.5.
Performance Tests and Compliance Reports . . ..
33
10.6.
Additional Reports . . . . . . . . . . . .
. 33
10.7.
Communications with Regulatory Agencies . . . .
. 34
10.8.
Inspection of Facilities . . . . . . . . . . .
. 34
10.9.
Right to Audit . . . . . . . . . . . . . . . ..
34
10.10.
Retention of Experts . . . . . . . . . . . . .
. 35
11.
ENFORCEMENT PROCEDURES . . . . . . . . . . . . .
. 36
11.1.
Notice and Hearing upon Grantee's Default . . .
. 36
11.2.
Delegation . . . . . . . . . . . . . . . . . .
. 38
12.
CONTINUITY OF CABLE TELEVISION SYSTEM SERVICES . . . .
. 38
12.1.
Continuity of Service . . . . . . . . . . . . .
. 38
12.2.
Operation and Management By Grantor . . . . . .
. 39
970328 10572-00009 lj 0592880 1 - ii -
13. MISCELLANEOUS PROVISIONS . . .. .
. . 40
13.1.
Ch
Assignment, Transfer, Sale, and ange of
Control . . . . . . . . . . . . . . . . . . .
. . 40
13.2.
Force Majeure . . . . . . . . . . . . . .
. . 42
13.3.
Possessory Interest . . . . . . . . . . . . .
. . 42
13.4.
Indemnification . . . . . . . . . . . . . . .
. . 43
13.5.
Conflict of Interest . . . . . . . . . . . .
44
13.6.
Resolution of Disputes . . . . . . . . . . .
. . 44
13.7.
Amendments . . . . . . . . . . . . . .
. . 45
13.8.
Binding Upon Successors
45
13.9.
Counterpart Execution . . . . . . . . . . . .
. . 45
13.10.
Applicable Law . . . . . . . . . . . . . . .
. . 45
14. DEFINITIONS . . . . . . . . . . . . . . . . . . . . .
. . 45
15. COMPETITIVE CABLE -TELEVISION FRANCHISES. . . . . . .
. . 52
16. AUTHORITY
AND EFFECTIVE DATE. . . . . . . . . . . .
. . 53
16.1.
Authority . . . . . . . . . . . . . . . . . .
53
16.2.
Effective Date . . . . . . . . . . . . . . .
. . 53
EXHIBIT A
CHAPTER 13.12 OF THE DIAMOND BAR CODE AS
ADOPTED AND IN EFFECT ON THE EFFECTIVE
DATE OF FRANCHISE RENEWAL . . . . . . . . . .
. A-1
EXHIBIT B
OWNERSHIP OF JONES INTERCABLE, INC. . . . . .
. B-1
EXHIBIT C
DESCRIPTION OF AND PERFORMANCE CRITERIA
FOR THE UPGRADE AND REBUILD OF THE CABLE
SYSTEM TO BE COMPLETED BY GRANTEE . . . . . .
. C-1
EXHIBIT D
CONSUMER PROTECTION STANDARDS . . . . . . . .
. D-1
970328 10572 -OM 4 0592880 1 -iii-
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is entered into
this day of , 1997, at Diamona Bar, Lali=orll.Lci,
by the City of Diamond Bar, a municipal corporation of the State
of California ("Grantor"), and Jones Intercable, Inc., a Colorado
corporation, ("Grantee").
RECITALS
A. In 1989, Grantor adopted Ordinance No. 14 in
substantially the format previously adopted by the County of Los
Angeles in its Ordinance No. 11824. Ordinance No. 14 was
thereafter codified in Chapter 13.12 of the Diamond Bar Code
("Code"), a copy of which is attached as Exhibit A and
incorporated by this reference.
B. In accordance with Chapter 13.12, Grantor is
authorized to issue and to renew one or more non-exclusive
revocable franchises to construct, reconstruct, operate, and
maintain a cable television system in the City of Diamond Bar.
C. After due evaluation of the Grantee, and after
public hearings, Grantor has determined that it is in the best
interests of the Grantor and its residents to renew its franchise
with Grantee.
NOW, THEREFORE, in accordance with the provisions of
Chapter 13.12 and this Agreement, Grantor grants to the Grantee,
and Grantee accepts from the Grantor, a renewal of a cable
television franchise.
970204 10572-00009 lsj 0592880 0 1
1. RENEWAL OF FRANCHISE.
1.1. Parties to the Agreement. The parties to this
Agreement are:
(a) Grantor: The City of Diamond Bar, a municipal
corporation, having its principal office at 21660 Copley Drive,
Diamond Bar, California 91765.
(b) Grantee: Jones Intercable, Inc., a Colorado
corporation, with ownership as set forth in Exhibit B, and having
a local office in this state at 20965 Lyncoming Street, Walnut,
California 91789.
1.2. Representatives of the Parties and Service of Notices.
The representatives of the parties who are primarily responsible
for the administration of this Agreement, and to whom formal
notices, demands and communications must be given, are as
follows:
(a) The principal representative of the Grantor is:
City Manager
Diamond Bar City Hall
21660 Copley Drive, Suite 100
Diamond Bar, California 91765
(b) The principal representative of the Grantee is:
General Manager
Jones Intercable, Inc.
20965 Lyncoming Street
Walnut, California 91789
(c) Formal notices, demands and communications to be
given by either party must be in writing and may be effected by
personal delivery, or by first class or certified mail, return
receipt requested.
970204 10572-00009 lsj 0592880 0 2
(d) If the name of the principal representative
designated to receive the notices, demands, or communications, or
the address of that person, is changed, written notice must be
given within five (5) working days of that change.
1.3. Definitions. Unless otherwise defined, or if the use
or context clearly requires a different definition, certain
words, terms, and phrases and their derivations, as used in this
Agreement have the meanings set forth below in Section 14 of this
Agreement.
1.4. Conflicts. In the event of any conflict or
inconsistency between the provisions of this Agreement and the
provisions of Chapter 13.12 of the Code, as it now exists or as
it may hereafter be amended, modified, or revised, the provisions
of this Agreement will control.
1.5. Grant. The cable television system franchise
originally granted by Los Angeles County Ordinance No. 12,137 on
April 22, 1980, to Walnut Valley Cable Television and thereafter
transferred, with the consent of Los Angeles County, to Grantee
on January 11, 1989, is hereby renewed, subject to the terms and
conditions of this Agreement and the provisions of Chapter 13.12
of the Code, all of which supersede in their entirety the terms,
conditions, and provisions of all prior ordinances relating to
this franchise. This renewal extends the franchise, authority,
right, and privilege to construct, reconstruct, operate, and
maintain a cable television system in the "franchise service
area" that is here defined as the territorial limits of the City
of Diamond Bar as they exist on the effective date of this
970204 10572-00009 lsj 0592880 0 — 3 —
Agreement, and any additional territory that may be annexed
during the term of this Agreement.
1.6. Right of Grantor to Issue and Renew Franchise.
Grantee expressly acknowledges the right and authority of Grantor
to issue and renew the franchise, and Grantee agrees it will not
hereafter challenge Grantor's exercise of this right and
authority in any court of competent jurisdiction, or otherwise.
1.7. Effective Date of Renewal. This franchise renewal
will commence on the effective date of the ordinance authorizing
the renewal, or on the date specified in that ordinance as the
effective date of renewal. Prior to the effective date, Grantee
must file with the City Clerk its written acceptance of the
ordinance renewing the franchise. That acceptance may be in the
form of Grantee's signature on the face of the ordinance. Within
thirty (30) days after the effective date of the ordinance,
Grantee must file with the City Clerk any required performance
bonds and insurance policies or insurance certificates; provided,
however, that if the filing of these documents does not occur
within that thirty (30) day period, or any authorized extension
of that period, the Grantor may declare this franchise renewal
null and void.
1.8. Duration. The term of the franchise renewal is
ten (10) years from the effective date as specified in
Section 1.7; provided, however, that this franchise will be
extended for an additional period of five (5) years upon
Grantee's timely completion of the upgrade and rebuild of the
cable system that is more fully described in the attached
970204 10572-00009 lsj 0592880 0 - 4 -
Exhibit C. Renewal of the franchise, if any, will be in
accordance with then applicable law.
1.9. Franchise Not Exclusive. The cable television fran-
chise granted by this Agreement may not be construed to limit in
any manner the right of Grantor, through its authorized officers
and in accordance with applicable law, to grant to other
individuals or entities, by franchise, permit, license, or
otherwise, any rights, privileges or authority similar to or
different from the rights, privileges and authority herein set
forth, in the same or other streets, public ways, public places,
or other property that the Grantee is entitled to occupy;
provided, however, that those additional grants will not operate
to revoke, terminate, or materially and adversely affect any
rights granted to Grantee by this Agreement; and provided,
further, that the provisions of Section 16 of this Agreement will
be applicable to future cable -television franchises.
1.10. Scope of the Franchise.
(a) Grantee is authorized and obligated to construct,
reconstruct, and operate the cable television system within the
public streets and rights-of-way. The authority granted includes
the privilege to use the Grantee's cable television system in the
franchise service area for the provision of cable television
services, as well as other services authorized by Grantor that
are not cable television services, to subscribers located in
residential dwelling units and commercial structures.
(b) Grantor reserves all rights it now has or
subsequently acquires with respect to the authorization and
970204 10572-00009 lsj 0592880 0 5
regulation of non -cable television services, including, but not
limited to, the right to impose reasonable terms and conditions
in addition to or different from those set forth in this
Agreement with respect to the provision of any non -cable
television services, and to charge a franchise fee or other form
of consideration or compensation in excess of that specified
herein; provided that such terms and conditions and such
franchise fee or other form of consideration or compensation must
be consistent with federal and state law applicable to non -cable
television services delivered over the cable system; and provided
further that the Grantor and Grantee will negotiate in good faith
as to those terms and conditions and that franchise fee or other
form of consideration or compensation prior to any unilateral
implementation by the Grantor, which terms and conditions may
ultimately be unilaterally modified by the Grantor if not
otherwise prohibited by applicable law.
(c) Grantee must provide written notice to the
Grantor at least thirty (30) days before offering or distributing
of any non -cable television services over the cable system.
(d) Grantor and Grantee expressly reserve the right
to seek a judicial determination as to whether any particular
service offered by Grantee on its system constitutes cable
television service for purposes of this franchise.
2. GENERAL REQUIREMENTS.
2.1. Governing Requirements. Grantee must comply with all
provisions of this Agreement, the provisions of Chapter 13.12 of
the Code, and all other applicable laws and regulations.
970204 10572-D0009 1Sj 0592880 0 6
2.2. Franchise Fee.
(a) As compensation for the franchise granted by
Grantor, and in consideration for authorization to use the
streets and public ways of Grantor for the construction,
reconstruction, operation, and maintenance of Grantee's cable
television system, the Grantee will pay to the Grantor the
following:
An annual franchise fee of five percent (5t) of
the Annual Gross Receipts, as defined in Section 14 of this
Agreement, received by Grantee from the operation of the cable
television system in the Grantor's franchise service area,
including those revenues received by Grantee from sources other
than subscribers in connection with the transmission of
advertisements, the provision of programming, and the
distribution of other authorized services over the Grantee's
system within the franchise service area.
(b) The franchise fee specified above in
paragraph (a) must be computed and paid by Grantee to Grantor's
Finance Department on a quarterly basis, on or before April 20,
July 20, and October 20 of each calendar year. The payment for
the last calendar quarter will be adjusted following Grantee's
review of its Annual Gross Receipts and must be paid not later
than sixty (60) days after the end of each calendar year. This
payment must be accompanied by the reports specified in
Subsection 10.4 of this Agreement.
(c) If the franchise fee "true -up" payment referenced
above in the second sentence of paragraph (b) is not made on or
970204 10572-00009 lsj 0592880 0 — 7 —
before the date specified, Grantee must pay as additional
compensation an interest charge, computed from the applicable due
date, at an annual rate equal to the prevailing commercial prime
interest rate in effect on the due date, plus one percent (11W).
(d) In addition to any late payment made in
accordance with paragraph (c) above, if a payment is overdue by
sixty (60) days or more, Grantee will pay to Grantor a sum of
money equal to five percent (5%) of the amount due in order to
defray additional costs and expenses incurred by Grantor as a
consequence of that delinquent payment.
2.3. Payment to Grantor.
(a) No acceptance of any payment by Grantor may be
construed as an accord that the amount is in fact the correct
amount, nor may acceptance of payment be construed as a release
of any claim the Grantor may have against Grantee for any
additional sums payable under the provisions of this Agreement.
(b) All amounts paid are subject to independent audit
and recomputation by Grantor. If, after audit, any recomputation
indicates a franchise fee underpayment of more than three
percent (3%), Grantee must reimburse Grantor, within twenty (20)
days of written notification, for all reasonable costs and
expenses incurred in connection with that audit and
recomputation.
2.4. Insurance Requirements.
(a) Upon the effective date of this Agreement,
Grantee, at its sole cost and expense, must obtain, and
970204 10572-00009 18j 0592880 0 - 8
thereafter maintain for the full term of this Agreement all of
the following insurance coverages:
1. Types of Insurance and Minimum Limits. The
coverages required below may be satisfied by any combination of
primary liability and excess liability policies.
A. Workers' Compensation and Employer's
Liability Insurance in conformance with the laws of the State of
California.
B. Grantee's vehicles, including owned,
non -owned (i.e., owned by Grantee's employees and used in the
course and scope of employment), leased, or hired vehicles, must
each be covered with Automobile Liability Insurance in the
minimum amount of one million dollars ($1,000,000) combined
single limit per accident for bodily injury and property damage.
C. Grantee must obtain and maintain
Comprehensive or Commercial General Liability Insurance coverage
in the aggregate annual amount of one million dollars
($1,000,000) combined single limit, including bodily injury,
personal injury, and broad form property damage. This insurance
coverage must include, without limitation:
(i) Contractual liability coverage
adequate to meet the Grantee's indemnification obligations under
this Agreement; and
(ii) a cross -liability clause.
D. Grantee must obtain and maintain
Slander/Libel/Defamation Liability Insurance in the aggregate
amount of one million dollars ($1,000,000).
970204 10572-00009 1si 0592880 0 9
2. All required Automobile Liability Insurance
and Comprehensive or Commercial General Liability Insurance
policies must contain the following endorsement:
"The City of Diamond Bar is added as an
additional insured as respects the operations of
the named insured under the cable television
franchise granted by the City, and this insurance
specifically covers the acts and omissions of
Grantee, and its employees, agents, and
subcontractors, in the performance of all work
thereunder."
3. The insurance required of Grantee under this
franchise is primary, and no insurance held by Grantor may be
called upon to contribute to a loss under this coverage.
4. All insurance policies must provide that, in
the event of material change, reduction, cancellation, or non-
renewal by the insurance carrier for any reason, not less than
thirty (30) days' written notice will be given to Grantor by
registered mail of such intent to cancel, materially change,
reduce, or not renew the coverage. An authorized agent of the
insurance carrier must provide to the Grantor, on such schedule
as is requested by the Grantor, a certification that all
insurance premiums have been paid and all coverages are in force.
If for any reason Grantee fails to obtain or keep any of the
insurance in force, Grantor may (but is not required to) obtain
that insurance. In that event, Grantee must promptly reimburse
970204 10572-00009 15i 0592880 0 - 10 -
Grantor its premium costs therefor, plus one and one-half
percent (1-1/2%) monthly interest thereon until paid.
5. All insurance must be obtained from
companies that are licensed to do business in California.
6. Any deductible or self-insured retentions in
excess of $350,00 must be approved by Grantor.
(b) Grantee must provide to Grantor, within
thirty (30) days after the effective date of this Agreement,
written insurance binders, statements of property coverage, or
certificates of insurance.
(c) Grantor reserves the right to require Grantee to
increase the amount or limits of insurance coverage specified
above no more often than every three (3) years during the term of
the franchise. Any such increase will be determined in
accordance with the procedures set forth in Subsection 2.6 of
this Agreement.
2.5. Performance Bonds.
(a) Performance Bond for Construction. During the
term of this Agreement, Grantee may be required to provide to
Grantor a performance bond if Grantor determines that any
construction, reconstruction, or upgrade of the cable television
system is of sufficient magnitude to warrant a performance bond.
The performance bond, which may be a corporate surety bond, must
be in a principal sum as specified by Grantor and in a form
approved by Grantor's City Attorney; provided, however, that the
principal sum of the performance bond may not exceed $500,000.
The performance bond may be reduced during the course of
970204 10572-00009 lsj 0592B80 0 — 11 —
Grantee's construction, reconstruction, or upgrade of the cable
television system, provided that Grantee is not then in material
default under any provision of this Agreement.
(b) Performance Bond for Other Obligations. Within
thirty (30) days after the effective date of this Agreement,
Grantee must provide to Grantor a performance bond to guarantee
the Grantee's performance of its obligations under this
Agreement, excluding those obligations relating to construction
referenced above in paragraph (a). The performance bond will be
in the sum of not less than One Hundred Thousand Dollars
($100,000) and will be subject to and in compliance with the
following requirements:
1. The performance bond will be available to
Grantor to secure and to satisfy any and all claims, penalties,
liens, fees, payments, costs, damages, or taxes due Grantor from
Grantee that arise by reason of the operation or maintenance of
the cable television system.
2. After notice and hearing requirements
specified in Section 11 of this Agreement have been satisfied, if
the Grantee fails or refuses to pay to the Grantor any amounts
due under the terms and provisions of this Agreement, the Grantor
may thereafter claim against the performance bond the amount
thereof, plus accrued interest and penalties.
3. Within thirty days after Grantee's receipt
of written notice from the Grantor that any amount has been
claimed and received by the Grantor under the performance bond in
satisfaction of any of Grantee's obligations specified above in
970204 10572-00009 1sj 0592880 D 12
subsection (1), the Grantee must restore the performance bond to
the amount required by this Agreement.
4. The rights reserved to the Grantor with
respect to this performance bond are in addition to all other
rights of the Grantor pursuant to this Agreement, including
Grantor's rights under the performance bond for construction
referenced above in paragraph (a). The Grantor's exercise of
rights with respect to this security bond will not constitute an
election of remedies or a waiver of any other rights the Grantor
may have.
(c) Adjustments. Grantor reserves the right to
require Grantee to increase the principal amount of the
performance bond specified above in paragraph (b), and the
insurance coverage specified above in Section 2.4, no more often
than every three (3) years during the term of the franchise. Any
such increase will be determined in accordance with the
procedures set forth in Section 2.6 of this Agreement.
2.6. Periodic Adjustments. If the amount of the
performance bond or insurance coverage required of Grantee under
this Agreement is proposed to be increased at specified intervals
during the term of the franchise, any such increase will be
determined in accordance with the following procedures:
The increase in any amount subject to periodic
adjustment under this Agreement will be determined by
Grantor's Director of Finance as of the applicable
anniversary date of this Agreement, based upon the
Consumer Price Index, All Urban Consumers, for the Los
970204 10572-00009 1SJ 0592880 0 - 13 -
Angeles -Anaheim -Riverside Area ("CPI"), as published by
the United States Department of Labor, Bureau of Labor
Statistics, or its successor. The Director of Finance
will compute the percentage difference between the CPI
as it existed on the effective date of this Agreement
and the CPI as it exists on the applicable anniversary
date. The Director of Finance will then increase by
such percentage the amount subject to periodic
adjustment. The adjusted amount will be rounded off to
the nearest dollar. If the Bureau of Labor Statistics
revises that index or discontinues the preparation of
that index, the Director of Finance must use the
revised index or a comparable system as approved by the
Council for determining fluctuations in the cost of
living.
3. RIGHTS RESERVED TO THE GRANTOR.
3.1. Reservation. Grantor reserves every right it may have
in relation to its power of eminent domain over Grantee's
franchise and property.
3.2. Delegation of Powers. Any right or power in, or duty
retained by or imposed upon Grantor, or any officer, employee,
department, commission, or board of Grantor, may be delegated by
Grantor to any officer, employee, department or board of Grantor,
or to such other person or entity as Grantor may designate to act
on its behalf.
3.3. Right of Inspection of Construction. The Grantor has
the right to inspect all construction, installation, or other
970204 10572-00009 lsj 0592880 0 — 14 —
work performed by Grantee in connection with the franchise, and
to make such tests as may be necessary to ensure compliance with
the terms of this Agreement, so long as that inspection and
testing does not unreasonably interfere with Grantee's
operations.
3.4. Right to Require Removal of Property. Consistent with
applicable law, at the expiration of the term or any renewal term
or extension for which the franchise is granted, or upon its
lawful revocation, expiration, or termination, the Grantor has
the right to require the Grantee to remove, within a reasonable
period of time and at Grantee's expense, all portions of its
system and any other property from all streets and public
rights-of-way within the franchise service area.
3.5. Riaht of Intervention. Grantor has the right to
intervene in any suit, proceeding, or other judicial or
administrative proceeding in which the Grantor has any material
interest, and to which the Grantee is made a party.
4. SYSTEM UPGRADE AND REBUILD AND SPECIAL SERVICES.
4.1. Upgrade and Rebuild. The upgrade and rebuild of the
cable system that is to be undertaken and completed by the
Grantee is more fully described in the attached Exhibit C.
(a) Progress Reports. During the period of the
upgrade and rebuild, Grantee will provide to Grantor quarterly
progress reports describing the work performed, by area, during
the previous months.
(b) Penalties for Delay. Grantor, at its option, may
apply one or more of the following penalties in a sequential
970204 10572-00009 lsj 0592890 0 — 15 —
manner if Grantee fails to complete the upgrade and rebuild of
its cable television system by the dates specified below:
1. With regard to the seven fiber backbone hub
sites that are required to be installed no later than two years
after the effective date of this Agreement, as specified in
Exhibit C, Grantor may impose liquidated damages of up to One
Thousand Dollars ($1,000) per day for each day following the date
upon which all of said hub sites are required to be installed.
2. With regard to the 550 MHz or equivalent
channel capacity rebuild of the cable system that is required to
be completed no later than December 31, 2004, as specified in
Exhibit C, Grantor may impose the following penalties:
A. Grantor may impose liquidated damages of
up to One Thousand Dollars ($1,000) per day for each day
following the date upon which the rebuild of the cable system is
required to be completed.
B. For each month of delay exceeding
three (3) months from the date upon which the rebuild of the
cable system is required to be completed, Grantor may reduce the
term of the franchise for a period up to three (3) months.
C. For a delay exceeding one year from the
date upon which the rebuild of the cable system is required to be
completed, Grantor may require total or partial forfeiture of the
performance bond required by this Agreement.
D. For a delay exceeding eighteen (18)
months from the date upon which the rebuild of the cable system
is required to be completed, Grantor may terminate the franchise.
970204 10572-00009 lsj 0592880 0 — 16 —
4.2. Outlets for Public Buildings. Upon Grantor's written
request, Grantee will install and maintain, without charge, one
outlet to each public facility, including public school
buildings, provided that the location is within 500 feet of the
Grantee's cable system and may be served by a normal aerial
installation or by existing underground conduit. Grantee will
provide, without charge, basic cable service to all new and
existing outlets at public facilities, including public school
buildings. Upon Grantor's written request, Grantee will also
install cable and additional outlets at specified public
facilities that are located more than 500 feet from Grantee's
cable system, or that may require underground or other customized
work; provided, however, that the costs to Grantor of such
installations may not exceed the actual installation costs
incurred by Grantee. Grantor will inform Grantee of the
construction of new public facilities so that cable can be
installed at the time of construction in order to minimize costs.
4.3. Emergency Alert Capability. Upon request of the
Grantor, Grantee must make its facilities available for use by
the Grantor during a disaster or public emergency. Grantee must
provide the system with emergency audio override capability so as
to enable law enforcement personnel and designated public
officials to interrupt and cablecast emergency audio messages
simultaneously on all channels. Equipment for these purposes
will be installed, at Grantee's sole expense, in a location
designated by the Grantor's principal representative.
970204 10572-00009 lsj 0592880 0 — 17
4.4. No Offset Against Franchise Fees. In accepting this
franchise, Grantee acknowledges that the commitments specified in
this Section 4 are voluntarily assumed, and their costs will not
be offset against any franchise fees payable by Grantee to
Grantor during the term of the franchise.
4.5. Parental Control Devices. Grantee must provide to
subscribers, upon request, a parental control device, "lockbox,"
digital code, or equivalent device that enables the subscriber to
prevent the viewing of selected channels.
4.6. Technical Standards. The FCC Rules and Regulations,
including Part 76, Subpart K (Technical Standards), and any
amendments or supplements thereto, will apply to the Grantee's
operations to the extent permitted by applicable law.
5. SERVICES PROGRAMMING AND CONSUMER PROTECTION STANDARDS.
5.1. Services and Proqramming.
(a) Grantee must provide all subscribers, and the
Grantor, with not less than thirty (30) days prior written notice
of any proposed changes in rates and charges and any proposed
reduction or augmentation of programming services, unless Grantor
agrees in writing to waive this requirement or unless this
requirement is prohibited by federal or state statutes or
regulations.
(b) Grantee has the right to establish different
classifications of service for residential and commercial
subscribers. Grantee's charges and rate schedules must be
adopted and maintained in accordance with all applicable federal
and state statutes and regulations.
970204 10572-00009 19i 0592880 0 18
5.2. Discounts for Low Income Residents. During the term
of this Agreement, Grantee must provide to Grantor current
information concerning any discounts that Grantee may offer to
low income residents within the franchise service area.
5.3. Leased Channel Service. Grantee must offer leased
channels in accordance with applicable law.
5.4. Nondiscrimination. Grantee may not discriminate
between or among subscribers within one type or class in the
availability of services, at either standard or differential
rates set forth in published rate schedules, except as otherwise
authorized by law or by this Agreement. No charges may be made
for services except as set forth in published schedules that are
available for inspection at Grantee's office, quoted by Grantee
on the telephone, or displayed or communicated to existing or
prospective subscribers. However, upon Grantee's written
request, Grantor may authorize Grantee to conduct demonstration
service projects and service offerings of limited duration to
specified areas of the City without making those projects or
services generally available throughout the franchise service
area. Grantee must demonstrate to Grantor that the selected
areas are statistically valid and not based upon any invidious
subscriber classifications and that the temporary authorization
will be solely for offering services for demonstration or test
marketing purposes. The Grantee must specify in its written
request the proposed duration of the demonstration project and
must the pay the franchise fee on all revenues received from its
use of the cable system for that project.
970204 10572-00009 lsj 0592880 0 19
5.5. Billings. Grantee may not charge subscribers for
services more than one month in advance unless an individual
subscriber authorizes a longer period. All bills and billing
statements must clearly indicate the billing period, the actual
due date, and the amount of the penalty for late payment.
5.6. Subscriber "Bill of Ri hq is". A subscriber "bill of
rights," approved by Grantor as to form and content, must be
provided by the Grantee to each new subscriber and not less than
once each calendar year during the term of the franchise to each
existing subscriber. This "bill of rights" may include the
information required to be provided by Grantee to its subscribers
as set forth in the provisions of Exhibit D ("Consumer Protection
Standards").
5.7. Consumer Protection Standards. Grantee must comply
with the requirements and procedures set forth in Exhibit D
relating to consumer protection standards, and with all
applicable FCC standards and regulations relating to consumer
protection.
5.8. Tapping and Monitoring. The Grantee may not tap or
monitor, or permit any other person controlled by Grantee to tap
or monitor, any cable, line, signal input device, or subscriber
outlet or receiver, for any purpose whatsoever without the
express written consent of the subscriber or a court order
therefor; provided, however, that the Grantee may monitor
customer service calls for quality control purposes and may
conduct system -wide or individually -addressed "sweeps" for the
purpose of verifying system integrity, controlling return path
970204 10572-00009 lsj 0592880 0 - 20 -
transmission, monitoring service levels or billing -for -pay
services, or checking for unauthorized connections to the cable
television system.
5.9. Subscriber Privacy Rights. Grantee must comply with
all federal, state, and local statutes and regulations relating
to the privacy rights of subscribers, including the collection of
data pertaining to individual subscribers.
5.10. Disclosure of Subscriber Lists. Grantee may not
disclose, or sell, or permit the disclosure or sale, of its sub-
scriber list without the prior written consent of each subscriber
on that list; provided that Grantee may use its subscriber list
as necessary for the marketing of Grantee's services, the
maintenance of Grantee's facilities authorized by this Agreement,
and the billing of subscribers for cable services; and provided
further, that consistent with applicable law, Grantor may use
Grantee's subscriber list for the purpose of communicating with
subscribers in connection with matters relating to the operation,
management, and maintenance of the cable system.
6. SUPPORT OF LOCAL CABLE USAGE.
6.1. Governmental Access Channel. Grantee will make
available to Grantor, at no cost to Grantor, one channel for the
exclusive use of the City, or its designee, for non-commercial
governmental access purposes. Use of the governmental access
channels will be under the exclusive control of the Grantor and
subject to such rules and regulations as the Grantor may
establish.
970204 10572-00009 lsj 0592880 0 — 2 1 —
6.2. Educational Access Channel. Grantee will make available
to Grantor, at no cost to Grantor, one channel for the purpose of
providing local programming of educational value to the community.
6.3. Local Origination Programming. At its option, Grantee
has the right to use one channel for local origination programming.
6.3.1. Studio Facilities. Grantee will provide for Grantor's
use a small studio at its business office and will also make
available to Grantor its studio facilities located in affiliated
franchise service areas.
6.4. Coverage of Special Events. Grantee will provide to
Grantor technical assistance and all equipment required in order to
cover between 20 and 25 special community events each year, as may
be requested by the Grantor, subject to reasonable advance notice
and the availability of Grantee's staff.
6.5. Financial Support for Governmental Access Channel.
(a) In lieu of Grantee's performance of the obligations
specified above in Section 6.4, Grantor may require that Grantee
make certain financial contributions for the purchase of equipment
for the governmental access channel. Specifically, upon Grantor's
request, Grantee will pay to Grantor the sum of Fifty Thousand
Dollars ($50,000) for use by the Grantor in purchasing governmental
access channel equipment. This sum will be paid by Grantee to
Grantor within thirty (30) days after receipt of a budget from the
Grantor that describes the proposed expenditures for equipment for
the non-commercial use of the governmental access channel. If
Grantor exercises its rights under this Section 6.5 at any time
after the sixth anniversary of this Agreement, the contribution
970328 10572-00009 lj 0592880 1 - 22 -
specified herein will be reduced by 10% for each anniversary date
that has elapsed after the effective date of this Agreement.
(b) If Grantor invokes its rights under this Section
6.5, Grantee will also pay to Grantor an annual payment in the
sum of Five Thousand Dollars ($5,000) for the year in which the
election is made and for each succeeding year of this franchise,
including each extended year of this franchise as provided for in
Section 1.8 above. Such annual payment will be made by Grantee
to Grantor within thirty (30) days after receipt of a budget from
the Grantor that describes the need for funding for equipment for
the governmental access channel. Grantee is not obligated to
make any $5,000 annual payment during any year in which Grantor
has not exercised its rights under this Section 6.5.
(c) Notwithstanding the provisions of subparagraphs
(a) and (b) above, Grantor and Grantee agree that if new
technology requires additional and unforeseen expenditures in
order to use effectively the governmental access channel, then
the parties will meet and confer and negotiate in good faith
additional subsidies to be paid by Grantee for the support of the
governmental access channel.
(d) If the Grantor elects to require Grantee to
provide the financial support for the governmental access channel
as specified in this Section 6.5, then the Grantor will be deemed
to have waived any rights to require Grantee to provide the
services specified in Section 6.4.
6.6. Compliance with Federal Law. In accepting this
franchise, Grantee acknowledges that the commitments specified in
970329 10572.00009 4 0592990 1 - 23 -
this Section 6 are voluntarily assumed, and their costs will not
be offset against any franchise fees payable by Grantee to the
Grantor during the term of the franchise.
6.7. Grantor's Covenant Not to Compete. Grantor covenants
and agrees with Grantee that it will not use its designated
governmental access channel or education access channels to
provide commercial or revenue -generating services that may,
directly or indirectly, compete with services provided by
Grantee.
7. DESIGN AND CONSTRUCTION.
7.1. System Construction. The system must be constructed,
rebuilt, and upgraded in accordance with the provisions of this
Agreement; provided, however, that Grantee is obligated to
construct and operate its cable system only where there are at
least forty (40) residential dwelling units per linear mile.
7.2. Construction Components and Techniques. Construction
components and techniques must comply with the terms of this
Agreement and all applicable law.
7.3. Technical and Performance Standards. Grantee must
construct, reconstruct, install, operate, and maintain its system
in a manner consistent with all applicable federal, state, and
local laws and ordinances, construction standards, construction
specifications, FCC technical standards, and any additional
standards set forth in this Agreement.
7.4. Construction Codes. The Grantee must strictly adhere
to all building and zoning codes now or hereafter in force and
must obtain all necessary permits. The Grantee must arrange its
970204 10572-00009 lsj 0592880 0 — 24 —
lines, cables, and other appurtenances, on both public and
private property, in such a manner as to cause no unreasonable
interference with the use of that property by any person. In the
event of such interference, the Grantor may require the removal
of the Grantee's lines, cables, and appurtenances from the
property in question. Except in emergency situations, Grantee
must give at least forty-eight (48) hours advance notice to all
affected property owners, and to the Grantor, prior to installing
any above -ground or underground structures upon Grantor's
easements located on private property. Grantee must be a member
of Underground Service Alert. Grantor will not modify its
construction requirements subsequent to the completion of
construction so as to require reconstruction or retrofit unless
the public health and safety so requires.
7.5. Construction Default. Upon the failure, refusal or
neglect of Grantee to undertake or complete any construction,
reconstruction, repair, or other necessary work as required by
this Agreement, thereby creating an adverse impact upon the
public health, welfare or safety, Grantor may (but is not
required to) cause that work to be completed, in whole or in
part, and upon so doing will submit to Grantee an itemized
statement of costs. Grantee will be given reasonable advance
notice of Grantor's intent to exercise this power, and thirty
(30) days to cure the default. Grantee must, within thirty (30)
days of billing, pay to Grantor the actual costs incurred.
7.6. Vacation or Abandonment. If any street, alley, public
highway, or portion thereof used by the Grantee is vacated by the
970204 10572-00009 lsj 0592880 0 — 2 5 —
Grantor, or its use is discontinued by the Grantee, then upon
reasonable notice the Grantee must forthwith remove its
facilities therefrom unless otherwise specifically authorized.
Following that removal, Grantee must restore, repair, or
reconstruct the area where that removal has occurred to such
condition as may be required by the Grantor, but not in excess of
the original condition. Upon any failure, neglect, or refusal of
the Grantee, after thirty (30) days' notice by the Grantor, to do
such work, Grantor may cause it to be done, and within thirty
(30) days of billing, Grantee must pay to Grantor the actual
costs incurred.
7.7. Abandonment in place. Grantor may, upon written
application by Grantee, approve the abandonment in place by
Grantee of any property, under such terms and conditions as
Grantor may approve. Upon Grantor -approved abandonment in place
of any property, Grantee must cause to be executed, acknowledged,
and delivered to Grantor such instruments as Grantor may
prescribe and approve, transferring and conveying ownership of
that property to Grantor.
7.5. Removal of System Facilities. If Grantee's plant is
deactivated for a continuous period of thirty (30) days (except
for reasons beyond Grantee's control), and without prior written
notice to and approval by Grantor, then Grantee must, at
Grantor's option and demand, and at the sole expense of Grantee,
promptly remove from any streets or other public areas all
property of Grantee. Grantee must promptly restore the streets
970204 10572-00009 18j 0592880 0 - 26 -
or other public areas from which its property has been removed to
the condition existing prior to Grantee's use thereof.
7.9. Movement of Facilities. If Grantor determines it is
necessary to temporarily move or remove any of the Grantee's
property for a public purpose, Grantee, upon reasonable notice,
must move, at the expense of Grantee, its property in order to
facilitate that public purpose. No such movement will be deemed
a taking of Grantee's property. Nothing herein limits the right
of Grantee to seek reimbursement from any party other than
Grantor.
7.10. Undergrounding of Cable. Cables must be installed
underground at Grantee's cost where all existing utilities are
already underground. Previously installed aerial cable will be
installed underground at Grantee's pro rata cost in concert with
other utilities as those other utilities convert from aerial to
underground construction.
7.11. Facility Agreements. This Agreement does not relieve
Grantee of any obligations to obtain pole or conduit space from
any department of Grantor, from any utility company, or from
others maintaining utilities in Grantor's streets.
7.12. Repair of Streets and Public Ways. All streets and
public ways, and improvements located within those streets and
public ways, that are disturbed or damaged by the Grantee or its
contractors during the construction, reconstruction, operation,
or maintenance of the System, must be restored at Grantee's
expense, and within the time frame and limits specified by
Grantor.
970204 10572-00009 lsj 0592880 0 - 27 -
7.13. Erection of Poles Prohibited. Grantee may not erect
any pole on or along any street or public way where there is an
existing aerial utility system. If additional poles in an
existing aerial route are required, Grantee must negotiate with
the appropriate public utility for their installation. Any such
installation requires the advance written approval of the
Grantor. Subject to applicable federal and state law, the
Grantee must negotiate the lease of pole space and facilities
from the existing pole owners for all aerial construction, under
mutually acceptable terms and conditions.
7.14. Reservation of Street Rights. Nothing in this
Agreement precludes the Grantor from constructing, repairing, or
altering any public work or improvement. To the extent
practicable, Grantor will notify Grantee of any such work that
may affect Grantee's franchise property. Grantor's work will be
done, insofar as practicable, in such manner as not to
unnecessarily obstruct, injure or prevent the free use and
operation of any property of Grantee. However, if any property
of Grantee interferes with the construction, maintenance, or
repair of any public improvement, that property must be removed
or replaced in such manner as may be directed by Grantor so as
not to interfere with the public work or improvement, and that
removal or replacement will be at the expense of the Grantee.
8. PERFORMANCE AUDITS AND TECHNICAL DATA.
8.1. Biennial Audit of Performance.
(a) Grantor may require, at its option, that
performance audits of the cable television system be conducted
970204 10572-00009 1SJ 0592880 0 - 28 -
every two years by an independent technical consultant selected
and employed by Grantor to verify that the system complies with
all technical standards and other specifications of this
Agreement.
(b) Upon completion of a performance audit, the
Grantor and Grantee will meet to review the performance of the
cable television system. The reports required by this Agreement
regarding subscriber complaints, the records of performance
audits and tests, and any opinion survey reports that may be
conducted by Grantor or Grantee will be used as the basis for
review. In addition, any subscriber may submit complaints prior
to or during the review meetings, either orally or in writing,
and these will also be considered.
(c) Within thirty (30) days after the conclusion of
the system performance review meetings, Grantor will issue
findings with respect to the adequacy of system performance and
the quality of service. If inadequacies are identified, Grantor
may direct Grantee to correct the inadequacies within such period
of time that Grantor determines to be reasonable.
(d) Participation by the Grantor and the Grantee in
this process does not waive any rights they may have under
applicable federal or state law.
(e) In addition to the biennial performance audits
described above, Grantor may conduct annual performance audits of
the same or lesser magnitude, at its sole expense, when and if
determined necessary or appropriate by Grantor.
970204 10572-00009 1Sj 0592880 0 - 2 9 -
8.2. System Technical Data.
(a) Grantee must maintain in its local office a
complete and up-to-date set of as -built system maps and drawings
upon completion of construction or reconstruction; equipment
specification and maintenance publications; and signal level
diagrams for each active piece of electronic equipment in the
system. As -built drawings must show all lines and installed
equipment.
(b) Technical data maintained by Grantor at its local
office must also include approved pole attachment agreements,
details of satellite and microwave equipment, mobile radio units,
heavy construction vehicles and equipment, and video and audio
equipment normally used in the operation of the system. Grantor
may review this information at Grantee's local office upon
reasonable advance notice.
(c) All technical data required to be maintained by
Grantee at its local office must be available for Grantor's
inspection during normal business hours and upon reasonable
notice. Upon any system failure or other operating emergency,
the technical data will be made available at any time, so long as
the provision of that data does not unreasonably interfere with
Grantee's operations.
(d) To the extent authorized by law, Grantor will
maintain the confidentiality of the information provided by
Grantee under this Section 8.2.
8.3. Emergency Repair Capability. It is Grantee's
responsibility to assure that its personnel are qualified to make
970204 10572-00009 lsj 0592880 0 — 30 —
repairs, that they are available at all reasonable times, and
that they are supplied with keys, equipment location
instructions, and technical information necessary to begin
repairs upon notification of the need to maintain or restore
continuous service to the system.
9. REVOCATION AND FORFEITURE.
9.1. Revocation. Consistent with applicable law, and in
addition to any rights set out elsewhere in this Agreement,
Grantor reserves the right to revoke the franchise, subject to
the procedural guidelines set forth in Section 11 of this
Agreement if the Grantee, whether willfully or negligently,
repeatedly violates any material provision of this Agreement.
9.2. Forfeiture. Upon Grantee's failure to comply with any
material term of this Agreement, the Grantor may, subject to the
procedural guidelines set forth in Section 11 of this Agreement,
declare a forfeiture. The Grantee may be required to remove its
structures and property from the Grantor's streets and to restore
those streets to their prior condition within a reasonable
specified period of time. Upon Grantee's failure to do so, the
Grantor may perform the work and collect all costs, including
direct and indirect costs, from the Grantee. At Grantor's
discretion, the cost thereof may be placed as a lien upon all
plant, property, or other assets of the Grantee.
10. RECORDS: REPORTS: RIGHT TO INSPECT AND AUDIT• EXPERTS.
10.1. Grantee to Provide Records. All reports and records
required under this Section 10 must be furnished at the sole
expense of Grantee.
970204 10572-00009 19j 0592880 0 - 3 1 -
10.2. Records. Grantee must maintain at its local offices,
and make available for inspection during normal business hours, a
separate and complete set of business records for the franchise
authorized by this Agreement. The Grantee must provide that
information in such form as may be required by the Grantor, so
long as that information is reasonably related to the scope of
Grantor's rights under this Agreement, or Grantor's regulatory
functions.
10.3. Maintenance and Inspection of Records. Grantee must
maintain accurate books and records, in conformity with generally
accepted accounting principles, showing all receipts, expenses,
loans, payments, investments of capital, and other transactions
relating to the cable television franchise. Grantor, upon
reasonable notice, and acting by and through its duly -appointed
auditors, has the right to inspect those records and to receive
copies to the extent that information is reasonably related to
the scope of the Grantor's rights under this Agreement, or
Grantor's regulatory functions. If requested by Grantee,
Grantor's auditors will promptly return copies of business
records provided by Grantee in accordance with this Section 10.3.
10.4. Reports of Financial and Operating Activity.
(a) Not later than ninety (90) days after the close
each calendar year during the term of this Agreement, Grantee
must submit to the Grantor the following reports:
1. A financial report, certified by a
designated financial officer of Grantee, for all cable system
activity within the franchise service area during the previous
fiscal year. The report must set out separately all the annual
gross receipts from all sources within the franchise service
970204 10572-00009 lsj 0592880 0 - 32 -
area, the annual gross subscriber revenues derived from each tier
of service in the franchise service area, the basis for the
computation of franchise fees, and such other relevant facts as
may reasonably be required by Grantor to verify the accuracy of
the annual franchise fee payment.
2. A summary of Grantee's activities during the
previous year, including, but not limited to, subscriber totals
and new services.
3. A current list of Grantee's officers,
directors, and other principals if there has been any change
during the previous year.
4. A summary of Grantee's written record of all
complaints received from subscribers and the remedial actions
taken.
10.5. Performance Tests and Compliance Reports. Upon
Grantor's request, and not later than April 15 of each year,
Grantee must provide a written report of any FCC or other
performance tests required or conducted. In addition, Grantee
must provide reports of any tests and compliance procedures
required by this Agreement not later than thirty (30) days after
the completion of those tests and compliance procedures.
10.6. Additional Reports. The Grantee must prepare and
submit to the Grantor in writing, at the times and in the form
reasonably prescribed by Grantor, such additional reports as may
reasonably be required with respect to Grantee's compliance with
the provisions of this Agreement.
970204 10572-00009 lsj 0592880 0 - 33 -
10.7. Communications with Regulatory Agencies. Copies of
all non -routine and material communications between the Grantee
and the Federal Communications Commission, or any other agency
having jurisdiction in respect to any matters affecting cable
communications operations authorized by this Agreement must be
submitted promptly to the Grantor following their receipt or
mailing by Grantee.
10.8. Inspection of Facilities. Upon reasonable notice, and
during normal business hours, Grantee must permit inspection, by
any duly authorized representative of Grantor, of all franchise
property and facilities of Grantee situated within the franchise
service area.
10.9. Right to Audit.
(a) In addition to all other inspection rights under
this Agreement, upon ten (10) days prior written notice, Grantor
has the right to inspect, examine, and audit, during normal
business hours, all documents pertaining to the Grantee that are
reasonably related to the Grantor's enforcement of its rights
under this Agreement; provided, however, that the Grantor may not
exercise this right more frequently than once in any twelve (12)
month period. Those documents will be made available at the
Grantee's local office. All documents pertaining to financial
matters that may be the subject of an audit by the Grantor, as
set forth herein, must be retained by the Grantee for a minimum
of three (3) years following the termination of this Agreement.
Access by the Grantor to any documents covered by this subsection
970204 10572-00009 lsj 0592880 0 - 34 -
may not be denied by the Grantee on grounds that those documents
are alleged to contain proprietary information.
(b) Any audit conducted by Grantor under this
subsection will be conducted at the sole expense of Grantor, and
Grantor will prepare a written report containing its findings, a
copy of which will be mailed to the Grantee; provided, however,
that Grantee must reimburse Grantor for the expense of any such
audit if, as the result of that audit, it is determined that
there is a shortfall of more than three percent (3*) in the
amount of franchise fees or other payments that have been made or
will be made by Grantee to Grantor pursuant to the terms of this
Agreement.
10.10. Retention of Experts.
(a) In the exercise of its rights under this
Agreement, Grantor has the further right to retain technical
experts and other consultants on a periodic basis, but not more
frequently than once every three years, for the purpose of
monitoring, testing, and inspecting any construction, operation,
or maintenance of the system, and all parts thereof, or to ensure
compliance with and enforcement of the provisions of this
Agreement. The Grantor and the Grantee will share the cost of
retaining those experts; provided, however, the Grantee's share
of these costs for any one periodic review or evaluation will not
exceed the sum of $5,000.
(b) Notwithstanding the provisions of paragraph (a)
above, the Grantor may retain technical experts and other
consultants whenever the Grantee has initiated proceedings that
970204 10572-00009 lsj 0592880 0 - 35 -
would normally require the Grantor to retain experts and
consultants, such as the filing of a request for approval of a
transfer or a change in control, expansion of the franchise
service area, or the modification or amendment of this Agreement.
The Grantor and the Grantee will share the cost of retaining
those experts; provided, however, that the Grantee's share of
these costs for any single proceeding will not exceed the sum of
$5,000.
11. ENFORCEMENT PROCEDURES.
11.1. Notice and Hearing upon Grantee's Default.
(a) Unless otherwise provided in this Agreement,
prior to formal consideration by Grantor of any termination,
revocation, or forfeiture of Grantee's franchise, or the
imposition of any other penalty or administrative remedy
available to Grantor, including liquidated damages, attributable
to Grantee's failure, whether willful, negligent, or otherwise,
to adhere to the material terms and conditions of this Agreement,
Grantor must make written demand on Grantee to correct the
alleged default. Grantor and Grantee will expeditiously meet to
discuss the alleged default, at which time Grantee must indicate,
in writing, the period of time required to resolve the problem.
Giving due consideration to Grantee's request, Grantor will, in
writing, state the period of time Grantor will allow Grantee to
resolve the problem. During this time period, but in no event
less than ten (10) days before the final date for correction,
Grantee may request additional time to correct the problem, and
Grantor may grant that request if Grantor determines, in its
970204 10572-00009 lsj 0592880 0 - 36 -
discretion, that such additional time is necessary due to delays
beyond Grantee's control. If the default continues for a period
of ten (10) days following the deadline for correction, plus any
extension of time, a hearing will be scheduled by Grantor with
regard to franchise termination, revocation, forfeiture, or the
imposition of any other penalty or administrative remedy.
(b) The City Manager will provide written notice of
the hearing to Grantee, including the grounds for the proposed
action, not less than thirty (30) days before the hearing. In
addition, the City Manager, as part of that written notification,
will describe the procedures to be followed by the Grantor to
determine whether cause exists for termination, revocation,
forfeiture, or the imposition of other penalties. At a minimum,
those procedures will afford the Grantee adequate notice and a
fair opportunity for full participation, including the right to
introduce evidence, to require the production of evidence, to
question witnesses, and to obtain a transcript of the proceeding
at Grantee's expense. Within ten (10) days after receipt of that
notice, Grantee must file any written objections to those
procedures. The City Manager will notify Grantee of any
modification to the procedures and provide another ten (10) day
objection period. Any objections not raised within these ten
(10) day periods will be deemed waived. At the hearing, Grantor
will hear Grantee, and any other person interested in the matter,
and will determine, at that or continued hearings, an appropriate
course of action for enforcement of the franchise.
970204 10572-00009 lsj 0592880 0 — 37 —
11.2. Delegation. The proposed imposition of remedies,
such as liquidated damages, that do not include termination of
the franchise may, at Grantor's option, be determined by an
officer, employee, or agency of the Grantor to which it may
delegate such administrative decisions, subject to due process
and the criteria contained in this section, and subject to appeal
to the City Council.
12. CONTINUITY OF CABLE TELEVISION SYSTEM SERVICES.
12.1. Continuity of Service. The parties acknowledge that
it is the right of all subscribers to receive all services
authorized by this Agreement so long as their financial and other
obligations to the Grantee are honored. During Grantee's rebuild
and upgrade of the system, and upon any future sale of the
system, Grantee must use due diligence and reasonable care to
ensure that all subscribers receive continuous, uninterrupted
service. In the event of purchase by Grantor, or a change of
franchisee, Grantee will cooperate with Grantor or the new
franchisee to operate the system for a temporary period in order
to maintain continuity of service to all subscribers. If
Grantee, through its own fault, discontinues system -wide service
for seventy-two (72) continuous hours, and Grantee is in material
default of this Agreement, or if the franchise is revoked by
Grantor, then Grantor may, by resolution, when reasonable cause
is deemed to exist, assume operation of the system for the
purpose of maintaining continuity of service. Grantor's
operation of the system may continue until the circumstances
which, in the judgment of the Grantor, threaten the continuity of
970204 10572-00009 Isj 0592880 0 38
service are resolved to Grantor's satisfaction. Grantor is
entitled to receive all revenues for any period during which it
operates the system.
12.2. Operation and Management By Grantor.
(a) During any period when the system is being
operated by Grantor pursuant to subsection 12.1 above, Grantor
will attempt to minimize the disruption of operations in a manner
consistent with the maintenance of continuing service to
subscribers. Notwithstanding the foregoing, Grantor may, as it
deems necessary, make any changes in any aspect of operations
that, in Grantor's sole judgment, are required for the
preservation of quality of service and its continuity. During
that period, Grantor will also maintain to the best of its
ability the system's records, physical plant, financial
integrity, funds, and other elements normally involved in
operations.
(b) Grantor may, upon assuming operation of the
system, appoint a manager to act for it in conducting the
system's affairs. That manager will have such authority as may
be delegated by Grantor and will be solely responsible to Grantor
for management of the system. Grantee must reimburse Grantor for
all reasonable costs, in excess of system revenues retained by
Grantor, that are incurred during Grantor's operation if the
franchise remains in effect during the period of Grantor's
operation.
970204 10572-00009 1sj 0592880 0 - 39 -
13. MISCELLANEOUS PROVISIONS
13.1. Assignment Transfer Sale and Change of Control.
(a) Consummation of the following transactions
related to this franchise, or involving the Grantee of this
franchise, requires the prior written consent of the Grantor's
city council expressed by resolution, which consent will not be
unreasonably withheld, and then only under such conditions as may
be prescribed:
(1) The sale, transfer, lease, assignment, or
other disposition of the franchise, in whole or in part, whether
voluntary or involuntary; provided, however, that such consent
will not be required for a transfer in trust, mortgage, or other
hypothecation for the purpose of securing an indebtedness of the
Grantee. A transfer, assignment, or other disposition of the
franchise may be made only by an instrument in writing, a duly
executed copy of which must be filed in the office of the City
Clerk within thirty days after the City Council's adoption of the
resolution consenting to that transfer, assignment, or other
disposition.
(2) Any merger, consolidation, reorganization,
business combination, or other transaction wherein or whereby
twenty-five percent or more of the ownership interests in the
Grantee will be affected and control of the Grantee will change
or be subject to change. As used herein, "control" means the
possession, direct or indirect, of the power to direct or cause
the direction of the management and policies of the Grantee. A
duly executed copy of any written instrument evidencing the
970204 10572-00009 10 0592880 0 - 40 -
closing and consummation of any such transaction must be filed in
the office of the City Clerk within thirty days after the City
Council's adoption of the resolution consenting to that
transaction.
(b) In determining whether it will consent to any
transfer, assignment, or other disposition of the franchise, or
to any transaction affecting the control of the Grantee, the
Grantor may evaluate the financial, technical, legal and other
qualifications of the proposed transferee or controlling person.
Grantee must ensure that the proposed transferee or controlling
person submits an application, in the form required by
Chapter 13.12 of the Code and by any applicable federal law, not
less than one hundred twenty (120) days prior to the closing date
of the proposed transaction. After considering the financial,
technical, legal and other qualifications of the proposed
transferee or controlling person, the City Council may, by
ordinance or resolution, authorize the proposed transaction,
subject to such conditions as may be in the public interest.
Grantor's consent to any such transaction may not be unreasonably
denied or delayed.
(c) Grantee and its proposed transferee or
controlling person are jointly and severally responsible for
reimbursement to the Grantor of all costs and expenses reasonably
incurred in processing and evaluating the application related to
the proposed transaction. These costs and expenses include,
without limitation, costs of administrative reviews; financial,
legal and technical evaluation of the proposed transferee; costs
970204 10572-00009 lei 0592880 0 — 41 —
for technical experts and consultants in an amount not exceed
$5,000; notice and publication costs; and document preparation
expenses. Grantor will send Grantee an itemized statement of
those costs and expenses reasonably incurred, and Grantee will
pay that amount within twenty (20) days after receipt of that
statement.
13.2. Force Majeure. If Grantee's performance of any of
the terms, conditions, obligations, or requirements of this
Agreement is prevented or impaired by any cause or event beyond
its reasonable control and not reasonably foreseeable, such
inability to perform will be deemed to be excused, and no
penalties or sanctions will be imposed. Those causes beyond
Grantee's reasonable control and not reasonably foreseeable
include, but are not limited to, acts of God, civil emergencies,
labor unrest, strikes, inability to obtain access to an
individual's property, and inability of the Grantee to secure all
necessary authorizations or permits to use necessary poles or
conduits so long as Grantee exercises due diligence to timely
obtain those authorizations or permits.
13.3. Possessory Interest. By accepting the franchise,
Grantee acknowledges notice was given to Grantee, as required by
California Revenue and Taxation Code Section 107.6, that use or
occupancy of any public property pursuant to the authorization
set forth in this Agreement may create a possessory interest that
may be subject to the payment of property taxes levied upon that
interest. Grantee is solely liable for, and must pay and
discharge prior to delinquency, all possessory interest taxes or
970204 10572-00009 1sj 0592880 0 42
other taxes levied against Grantee's right to possession,
occupancy, or use of any public property in accordance with any
right of possession, occupancy, or use created by this Agreement.
Grantee is not barred from challenging any tax on any amounts so
assessed.
13.4. Indemnification.
(a) Grantee will indemnify, defend, and hold
harmless the Grantor, its officers, agents and employees, from
and against any liability, claims, damages, costs, or expenses,
including reasonable attorney's fees, arising out of or
attributable to the exercise or enjoyment of the franchise
renewed pursuant to this Agreement. Grantee, at its sole cost
and expense, and upon demand of Grantor, will appear in and
defend any and all suits, actions, or other legal proceedings,
whether judicial, quasi-judicial, administrative, legislative or
otherwise, instituted by third persons or duly constituted
authorities, against or affecting Grantor, its officers, agents,
or employees, and arising out of or pertaining to the exercise of
rights arising under the franchise within the franchise service
area, and injury to persons or damages to property proximately
caused by any conduct undertaken by the Grantee, its agents,
employees, or subcontractors, by reason of the franchise.
(b) Grantor will indemnify, defend, and hold
harmless the Grantee, its officers, agents, and employees, from
and against all claims, suits, actions, liability, and judgments
for damages arising out of or attributable to Grantor's use of
the Grantee's cable communications system for the purpose of
970204 10572-00009 1sj 0592880 0 - 43 -
providing emergency alerts, as specified in Section 4.3, and for
the purpose of providing programming on the governmental and
education access channels referenced in Sections 6.1 and 6.2.
13.5. Conflict of Interest.
As of the effective date of this Agreement, the
parties agree that, to their knowledge, no member of the City
Council, nor any other officer or employee of Grantor, has any
direct interest, whether contractual, non -contractual, financial
or otherwise in this franchise, or in other business of the
Grantee, and that if any such interest comes to the knowledge of
either party at any time, a full and complete disclosure of that
information will be made in writing to the other party, even if
that interest would not be considered a conflict of interest
under applicable laws. Grantee covenants that it has, at the
time of execution of this Agreement, no direct interest in any
business venture or other investment that would conflict in any
manner with the performance of its obligations under this
Agreement.
13.6. Resolution of Disputes.
(a) Disputes regarding the interpretation or appli-
cation of any provisions of this Agreement will, to the extent
reasonably feasible, be resolved through good faith negotiations
between the parties.
(b) If any action at law or in equity is brought to
enforce or interpret any provisions of this Agreement, the pre-
vailing party in that action is entitled to reasonable attorneys'
970204 10572-00009 18j 0592880 0 - 44 -
fees, costs and necessary disbursements, in addition to any other
relief that may be sought and awarded.
13.7. Amendments.
This Agreement supersedes all prior proposals, agree-
ments and understandings between the parties and may not be
modified or terminated orally, and no modification, termination
or attempted waiver of any of its provisions will be binding
unless in writing and signed by the party against whom the same
is sought to be enforced.
13.8. Binding Upon Successors.
This Agreement is binding upon and inures to the
benefit of each of the parties and to their respective
transferees, successors and assigns.
13.9. Counterpart Execution.
This Agreement may be executed in multiple counter-
parts, each of which is deemed to be an original and all of which
constitute one and the same instrument.
13.10. Applicable Law.
This Agreement and the transactions herein contem-
plated are to be construed in accordance with and governed by the
applicable laws of the State of California and of the United
States.
14. DEFINITIONS.
a. Defined Terms. For the purposes of this
Agreement, the following words, terms, phrases, and their
derivations have the meanings set forth below. When not
inconsistent with the context, words used in the present tense
970204 10572-00009 1sj 0592880 0 - 45 -
include the future tense, and words in the singular number
include the plural number.
"Basic Service" or "Basic Cable Service" or "Basic
Service Tier" means the lowest service tier which includes the
retransmission of local television broadcast signals.
111984 Cable Act" means the Cable Communications
Policy Act of 1984.
111992 Cable Act" means the Cable Television Consumer
Protection and Competition Act of 1992.
"Cable Act" means the 1984 Cable Act as amended by
the 1992 Cable Act and by the Telecommunications Act of 1996.
"Cable Operator" means any person or group of persons
(i) who provides cable service over a cable system; or (ii) who
controls or is responsible for, through any arrangement, the
management and operation of a cable system.
"Cable Service" means (i) the one-way transmission to
subscribers of video programming or other programming service;
and (ii) subscriber interaction, if in conjunction with
subparagraph (i), which is required for the selection of or use
of that video programming.
"Cable System" or "Cable Television System" or
"System" means a facility, consisting of a set of closed
transmission paths and associated signal generation reception and
control equipment that is designed to provide cable service,
including video programming, and which is provided to multiple
subscribers within the community.
970204 10572-00009 19j 0592880 0 - 46 -
"Complaint" means a dispute in which a subscriber
notifies Grantee of an outage or degradation in picture quality
that is not corrected following the initial telephone or service
call.
"Control" or "Controlling Interest" means actual
working control in whatever manner exercised, including, without
limitation, working control through ownership, management, or
debt instruments, as the case may be, of the cable system or the
Grantee.
"Drop" means the cable and related equipment
connecting the Cable System's plant to equipment at the
Subscriber's premises.
"Education Channel" means any channel where
non-profit educational institutions are the primary designated
programmers.
"FCC" means the Federal Communications Commission or
its designated representatives.
"Franchise" means a written undertaking or action of
the Grantor that authorizes a specific person to use the
Grantor's streets and public ways for the purpose of installing,
operating and maintaining a Cable Television System to provide
Cable Service.
"Government Channel" means any channel where a local
government agency is the primary designated programmer, and the
programming is informational programming regarding government
activities and services.
970204 10572-00009 lsj 0592880 0 4 7
"Grantee" means the person to which a Franchise is
granted for the construction, reconstruction, operation, and
maintenance of a Cable System and the lawful successors,
transferees, or assignees of that person.
"Grantor" means the City of Diamond Bar, acting by
and through its elected governing body, or such representative as
the governing body may designate to act on cable matters in its
behalf.
"Gross Annual Revenue" or "Gross Annual Receipts" or
"Gross Receipts" means all revenue, as determined in accordance
with generally accepted accounting principles, which is received,
directly or indirectly, by Grantee from or in connection with the
distribution of any Cable Service, and any other service
dependent upon the use of public rights-of-way that may, under
existing or future federal law, be included in the Cable Act
definition for the purpose of calculating and collecting the
maximum allowable franchise fee for operation of the system,
whether or not authorized by any franchise, including, without
limitation, leased channel revenues received, directly or
indirectly, from or in connection with the distribution of any
Cable Service. It is intended that all revenue collected by the
Grantee from the provision of Cable Service over the system,
whether or not authorized by the franchise, be included in this
definition. Gross Annual Revenue also specifically includes: (i)
the fair market value of any nonmonetary (i.e., barter)
transactions between Grantee and any person but not less than the
customary prices paid in connection with equivalent transactions;
970204 10572-00009 1sj 0592880 0 — 48 —
and (ii) any revenue received, as reasonably determined from time
to time by the Grantor, through any means which is intended to
have the effect of avoiding the payment of compensation that
would otherwise be paid to the Grantor for the franchise granted.
Gross Annual Revenue also includes any bad debts recovered, and
all advertising revenue that is received directly or indirectly
by Grantee, or any other person from or in connection with the
distribution of any service over the System or the conduct of any
service -related activity involving the System. Gross Annual
Revenue does not include: (i) the revenue of any person to the
extent that such revenue is also included in the Gross Annual
Revenue of Grantee; (ii) taxes imposed by law on Subscribers that
Grantee is obligated to collect; (iii) amounts that must be
excluded pursuant to applicable law; and (iv) programming or
advertising revenues of any affiliate of the Grantee whose
programming or advertising is carried on the cable system, where
such revenues are paid to that affiliate by the Grantee and
recovered by the Grantee through charges to subscribers that are
included in the Grantee's Gross Annual Revenue.
"Headend" means that central portion of the system
where signals are introduced into and received from the balance
of the system.
"Lease Channel" means any channel where someone other
than Grantor or Grantee is sold the rights to air programming.
"Local origination Channel" means any channel where
the Grantee is the primary designated programmer.
970204 10572-00009 15i 0592880 0 49
"Monitoring" or "Tapping" means observing or
receiving a signal, where the observer is neither the sending nor
receiving party and is not authorized by the sending or receiving
party to observe that signal, whether the signal is observed or
received by visual, electronic, or any other means.
"Pay Cable," "Pay Service," "Premium -Service" or "Pay
Television" means signals for which there is a fee or charge to
users over and above the charge for Basic Service, including any
tiers of service; provided, however, the sale or lease of studio
facilities, equipment, or tapes to local users are not deemed to
be pay or premium services.
"Person" means any individual, corporation,
partnership, proprietorship, or organization authorized to do
business in the State of California.
"Plant" means the transmitting medium and related
equipment that transmits signals between the Headend and
Subscribers, including Drops.
"Pole Attachment Agreement" or "Attachment Agreement"
means any agreement with the Grantor, with any other governmental
entity, or with any public utility relating to the Grantee's use
of utility poles, ducts, or conduits.
"Program" or "Programming" means the information
content of a signal and the act or process of creating such
content, whether that content is intended to be pictures and
sound, sound only, or any other form of information.
"Procjrammer" means any person who provides program
material or information for transmission by means of the System.
970204 10572-00009 1si 0592880 0 — 5 0 —
"Property of Grantee" means all property owned or
leased by Grantee within the franchise service area in the
conduct of its Cable System business under a Franchise.
"Residential Dwelling Unit" or "Dwelling Unit" means
a home, mobile home, condominium, apartment, cooperative unit,
and any other individual dwelling unit.
"Service" means any kind of service or type of
benefit provided by Grantee, or any group of related benefits
made available to any person, that involves the use of a signal
transmitted via a Cable Television System within the public
right-of-way, whether the signal and its content constitute the
entire service or comprise only a part of a service that involves
other elements of any number or kind.
"Service Area" or "Franchise Service Area" means the
entirety of the City of Diamond Bar.
"Service Interruption" means the loss of picture or
sound on one or more cable channels.
"Service Tier" or "Tier" means a category of Cable
Service or other services provided by a Cable Operator and for
which a separate rate is charged by the Cable Operator, other
than per channel or per event programming or packages of per
channel or per event programming.
"Streets" means the surface of, and the space above
and below, any public street, sidewalk, alley, or other public
way or right-of-way of any type.
970204 10572-00009 1sj 0592880 0 — 5 1 —
"Subscriber" means any person electing to subscribe
to, for any purpose, a service provided by Grantee by means of or
in connection with its Cable System.
b. Terms Not Defined. Words, terms, or phrases not
defined above in paragraph (a) shall first have the meaning as
defined in Chapter 13.12 of the Code, and next in the Cable Act,
and next the special meanings attributable to their use in any
industry, business, trade, or profession where they commonly
carry special meanings. If those special meanings are not
common, they will be defined as set forth in commonly used and
accepted dictionaries of the English language.
15. COMPETITIVE CABLE -TELEVISION FRANCHISES.
(a) Grantee acknowledges that Grantor has reserved
the right to award additional franchises for cable -television
systems within the City.
(b) If, during the term of this Agreement, a cable -
television franchise is awarded by Grantor to another person,
which franchise authorizes the use of public rights-of-way to
construct, operate, or maintain a cable or similar system for the
delivery of video programming, then Grantor agrees with Grantee
that such franchise will be subject to the following terms and
conditions:
1. The term of that franchise, including any
authorized extension, will not exceed the term of the franchise
as provided for in Section 1.8 of this Agreement.
970204 10572-00009 1sj 0592880 0 52
2. The annual franchise fee imposed upon the
grantee will not be less than the franchise fee imposed by
Section 2.2 of this Agreement..
3. The grantee will be obligated to provide
governmental and educational access channels that are equivalent
in number to those provided for in Section 6.1 and 6.2 of this
Agreement.
4. The payments and other benefits to be
received by Grantor from the Grantee, excluding the annual
franchise fee that is referenced above in subsection (2), will be
comparable to the payments and other benefits that are received
by Grantor under the provisions of this Agreement.
16. AUTHORITY AND EFFECTIVE DATE.
16.1. Authority.
The parties signing below represent and warrant that
they have the requisite authority to bind the entities on whose
behalf they are signing.
16.2. Effective Date.
This Agreement will become effective as of the date
specified in Subsection 1.7. It is the intention of the parties
that the Grantee will first execute this Agreement and thereafter
submit it to the Grantor. The City Clerk will insert the
effective date in all counterparts of this Agreement, attest to
their execution by a duly authorized officer of the Grantor, and
transmit one or more fully executed counterparts to the Grantee.
TO EFFECTUATE THIS AGREEMENT, each of the parties has
caused this Agreement to be executed by its duly authorized
970204 10572-00009 1sj 0592880 0 — 53 —
representative as of the date set forth below the authorized
signature.
APPROVED AS TO FORM: CITY OF DIAMOND BAR
By:
City Attorney
Date:
ATTEST:
City Clerk
Mayor
JONES INTERCABLE, INC.
By:
Title.
Date:
APPROVED AS TO FORM:
Corporate Counsel
970204 10572-00009 1sj 0592880 0 — 54 —
EXHIBIT A
CHAPTER 13.12 OF THE DIAMOND
BAR CODE AS ADOPTED AND IN
EFFECT ON THE EFFECTIVE DATE OF
FRANCHISE RENEWAL
970204 10572-00009 lsj 0592880 0
§ 13.12.010 DIAMOND BAR CODE
CHAPTER 13.12. CABLE TELEVISION SYSTEM FRANCHISES*
DIVISION 1. GENERALLY
Sec. 13.12.010. Short title.
The ordinance codified in this chapter shall be known and may be cited as the "Master
Cable.Television System Franchise Ordinance" or "Master CATV Ordinance."
(Ord. No. 14(1989), § 2(16.60.010), 6-27-89)
Ser. 13.12.020. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning. When not inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular number and words in the singular
number include the plural number. The word "shall" is always mandatory and not merely
directory.
Advertising receipts means any and all income, compensation, fees and other consider-
ation received directly or indirectly by franchisee, derived from any form of advertising,
relating directly or indirectly to franchisee's franchise activities and operations.
Basic service means the simultaneous.delivery by franchisee to television receivers, or any
other suitable type of audio -video communication receivers, of any service other than an
enhanced service distributed over the system, and at a minimum must include all public,
educational and governmental use (PEG) channels and all broadcast channels required to be
carried pursuant to federal law.
Cable Act means the Federal Cable Communications Policy Act of 1984, Pub. L. No.
98.549, 98 stat. 2779(1984), which amends the Federal Communications Act of 1934, and as
hereafter amended.
Cable service means the one-way transmission to subscribers and institutional users of
video programming and other programming services, together with return capability, if any.
Examples of cable services include but are not limited to: video programming, pay-per-view,
voter preference polls in the context of a video program, teletexts, one-way transmission of any
computer software, and one-way videotex services, such as stock market information.
Cable television system or system means a system of antennas, cables, wires, lines, towers,
waveguides, microwaves, microwave, laser beam, fiber optics, master antenna system, mul-
tiple distribution system, satellite, or any other conductors, converters, equipment or facilities
designed and constructed for the purpose of producing, receiving, amplifying and distributing
audio, video, voice, data signals, digital signals, fiber optic signals, and other forms of elec-
*Cross references—Entertainment generally, ch. 5.44; streets and. sidewalks, § 12.04.010.
CD13:88
UTILITIES § 13.12.020
tropic or electrical signals, located in the city, and constructed or used for one or more of the
following purposes:
(1) Collecting and amplifying local and distant broadcast television or radio signals and
distributing and transmitting them;
(2) Transmitting original cablecast programming not received through television broad-
cast signals;
(3) Transmitting television pictures, film and videotape programs not received through
broadcast television signals, whether or not encoded or processed to permit reception
by only selected receivers;
(4) Transmitting and receiving all other signals: digital, voice and audio-visual; and
(5) Any other applications used in transmitting audio and/or visual signals.
Such term also means "community antenna television system" (as that term is used in Gov-
ernment Code § 53066), "CATV system," "cable system" or "cable communications system."
An exception to the above definition is a state or interstate common carrier over which the city
has no jurisdiction.
Commission means the county's business license commission.
Construction means any new construction, reconstruction, upgrade, mandatory exten-
sions, or reconfigurations (e.g., converter change -out, channel upgrades) of the cable television
system.
Department means the facilities management department, or its successor, of the county.
Director means director, facilities management department of the county, or his autho-
rized representative.
Enhanced service means any service distributed over the subscriber system for which
there is a per channel, per unit, or per package charge to the subscriber.
FCC means the Federal Communications Commission, its designee or any successor thereto.
Franchisee or grantee means the person to whom a franchise is granted pursuant to this
chapter, and any person to whom it lawfully may be assigned.
Franchise payment period means the period from the effective date of the ordinance granting
the franchise through December 31 of the year granting the franchise, and each calendar year
thereafter, during the term of the franchise.
Franchise property or facilities mean any and all property of the franchisee, including, but
not limited to, service connections with the franchisee's facilities, whether installed by the
franchisee or not, erected, constructed, installed, laid, operated or maintained in the unincor-
porated territory of the county pursuant to any right or privilege granted by the franchise.
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13.12.020 DIAMOND BAR CODE
Franchise report period in all cases means the period from the effective date of the ordi-
nance granting the franchise through December 31 of the year of granting the franchise, and
each calendar year thereafter, during the term of the franchise.
Gross revenues means any and all income, compensation, fees and other consideration
received directly or indirectly by franchisee, its affiliates, subsidiaries, parent, and any other
person or entity in which the franchisee has a financial interest or which has a financial
interest in the franchisee, arising from or attributable to operation of the cable television
system, including, but not limited to, the following sources:
(1) Installation fees, disconnect and reconnect fees and fees for regular cable benefits,
including the transmission of broadcast signals and access and local origination chan-
nels, if any, derived from its operations within the authorized franchise area;
(2) Basic subscriber receipts;
(3) Enhanced service receipts, including, but not limited to, income derived from pre
program or per channel charges;
(4) Advertising receipts;
(5) Lease receipts; and
(6) Any other income from any source derived from franchisee's franchise operations.
Headend means the electronic processing center for distribution of the signals received
from the master antenna.
Highway means any public highway, including bridges, freeway (except a state freeway),
street, road, alley, lane, trail or court, or other public property or public easement, and above
and below the same, which now exists or which may hereafter exist in any territory of the city
and in which the city has the authority to grant a franchise.
Lease receipts means any and all income, compensation, fees and other consideration
received directly or indirectly by franchisee for the lease or rental of franchise property, and
compensation for any service in connection therewith including, but not limited to, studio and
equipment rental and production costs of any channel permitted or designated by the FCC to
be so leased or rented.
Leased channel means a channel on the cable system on which the franchisee shall provide
open, widespread, and reasonable access to persons who desire to use such channel for com-
mercial purposes, as defined in section 612 of the Cable Act.
PEG means public, educational and governmental uses as defined in section 611 of the
Cable Act.
PEG user means a party utilizing a PEG channel for purposes of production or transmis-
sion of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
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UTILITIES § 13.12.030
Person means any individual, firm, partnership, association, corporation, joint venture,
company or other legally recognized entity, whether for-profit or not-for-profit, but shall not
mean the city.
Public easement means, but is not limited to, any easement created by dedication to the
public, the city, or any public entity, for public -utility purposes or any other purpose whatso-
ever.
Public entity means any district or other political subdivision of which the city council is
ex officio the governing body, or the members of the city council are ex officio members of the
governing body.
Road commissioner means the commission, board or officer of the state, or of the city,
respectively, having powers and duties analogous or similar in such jurisdiction, respectively,
to the powers and duties of the road commissioner in the unincorporated territory of the
county.
Service means any basic service, any enhanced service, or any other service, whether or
not originated by the franchisee, which is offered to any subscriber in conjunction with, or
which is distributed over, the system.
Service area means that area of the city in which the franchisee is authorized to construct
and operate, and provide service connections for, a cable television system pursuant to the
terms and conditions of the franchise.
State of the art means that level of technical performance or capacity, service, plant or
other equipment, production or other facilities, or construction techniques for which there is
a reasonable market demand and which has been developed and demonstrated to be workable
and such that it would be economically feasible and viable in the franchise area during the
term of the franchise.
Subscriber means any person or entity lawfully receiving for any purpose any service of
the franchisee's cable television system, including the ultimate recipient of any distribution of
franchisee's service.
Tier or tier of service means a grouping of program services on the cable television system
which is marketed to subscribers for a single monthly or other charge.
(Ord. No. 14(1989), § 2(16.58.020, 16.58.030, 16.58.052, 16.58.054, 16.58.060, 16.58.070,
16.58.075, 16.58.100, 16.58.110, 16.58.115, 16.58.120, 16.58.140-16.58.200, 16.58.205,
16.58.232, 16.58.235, 16.58.240-16.58.270, 16.58.295, 16.58.300, 16.58.305, 16.58.310,
16.58.320), 6-27-89)
Cross reference—Definitions generally, § 1.00.070.
Sec. 13.12.030. Purpose.
It is the purpose of the ordinance codified in this chapter to standardize practices in the
cable television industry, to provide for the unified administration of cable television fran-
chises, to regulate rates to the extent allowable by federal, state and local laws when necessary
CD13:91
§ 13.12.030 DIAMOND BAR. CODE
for the public good, and to regulate the operation of franchises for the purpose of protecting and
promoting the public health, safety and welfare in the interests of the subscriber, franchisee,
and the public.
(Ord. No. 14(1989), § 2(16.60.020), 6-27.89)
Sec. 13.12.040. Continuation of provisions.
The provisions of this chapter, insofar as they are substantially the same as existing
ordinance provisions relating to the same subject matter, shall be construed as restatements
and continuations thereof, and not as new enactments.
(Ord. No. 14(1989), § 2(16.60.030), 6.27-89)
Sec. 13.12.050. Provisions incorporated by reference.
In addition to the terms and conditions set out in this chapter, the franchise is granted
under the same terms and conditions contained in sections 13.08.050, 13.08.130, 13.08.140,
13.08.170, 13.08.260 through 13.08.280, 13.08.300, 13.08.310, 13.08.330, 13.08.340, 13.08.380
through 13.08.400, 13.08.430, 13.08.450, 13.08.460 and 13.08.500 through 13.08.520 as if they
were contained in this chapter. If the terms and conditions hereof conflict with the terms and
conditions of chapter 13.08, the terms and conditions of this chapter shall control.
(Ord. No. 14(1989), § 2(16.60.040), 6-27-89)
Sec. 13.12.060. Franchises granted before December 15, 1978; continuation.
Article X, beginning with section 1001, of county ordinance 7468, entitled "the basic
franchise ordinance," adopted February 3, 1959, as in effect immediately prior to the effective
date of the ordinance codified in this chapter, shall continue in effect notwithstanding its
repeal by the provisions hereof, as to all franchises granted prior to December 15, 1978, the
effective date of the ordinance codified in this chapter, which refer to, or incorporate by
reference ordinance 7468, or article X of such ordinance 7468.
(Ord. No. 14(1989), § 2(16.60.050), 6-27-89)
Sec. 13.12.070. Statutory provisions applicable.
All franchises for a cable television system shall be granted pursuant to Government Code
§ 53066.
(Ord. No. 14(1989), § 2(16.60.060), 6-27-89)
Sec. 13.12.080. Paramount jurisdiction of FCC or state public utilities commission.
Whenever the FCC or the state public utilities commission or any other federal or state
body or agency shall now or hereafter exercise any paramount jurisdiction over any specific
provisions of the franchise, such paramount jurisdiction shall preempt or preclude the exercise
of like jurisdiction by the city.
(Ord. No. 14(1989), § 2(16.60.070), 6-27-89)
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UTILITIES § 13.12. 110
Sec. 13.12.090. Rights reserved to the city.
(a) The rights reserved to the city under this chapter are in addition to all other rights of
the city, whether reserved by this chapter or authorized by law, and no action, proceeding or
exercise of a right shall affect any other rights which may be held by the city. Franchisee, by
acceptance of the franchise, agrees to be bound thereby and to comply with any action or
requirement of the city in its exercise of any such right or power.
(b) The city shall have the right to waive any provision of the franchise, except those
required by federal or state regulation, if the director determines:
(1) That it is in the public interest to do so; or
(2) That the enforcement of such provision will impose an undue hardship on the fran-
chisee or the subscribers.
(c) Wherever the franchise requires that an action be taken or not taken by the franchisee
or the city on the basis of operational, technological or economic feasibility or viability, the
franchisee shall have the burden of demonstrating the existence or lack, as applicable, of such
feasibility or viability.
(d) The city shall have the power and right at all times for the duration of the franchise
to require franchisee to conform to rules and regulations governing the operation of cable
television systems now or hereafter adopted by the city council.
(Ord. No. 14(1989), § 2(16.60.080), 6-27-89)
Sec. 13.12.100. Terms and conditions generally.
Every franchise granted by the city after December 15, 1978, to construct from time to
time and, for the period covered by the franchise, to maintain and operate a cable television
system in the territory of the city, and to maintain, operate, renew, repair and remove lines
and cables for the transmission of television and radio signals, together with all appurtenances
and service connections necessary or convenient for the provision of a cable television system
in, under, along or across any and all service areas, highways, public properties and public
easements in the territory of the city, except as otherwise provided in the ordinance granting
the franchise, shall be granted upon and be subject to the rules, regulations, restrictions and
terms and conditions of this chapter, in addition to such of the terms and conditions of those
provisions of division 1 of chapter 13.08, as are incorporated by reference in this chapter, and
in addition to those rules, regulations, restrictions, terms and conditions set forth in the
ordinance granting the franchise.
(Ord. No. 14(1989), § 2(16.60.090), 6-27.89)
See. 13.12.110. Franchise grant not exclusive.
The granting of the franchise shall not be construed to prevent the city from granting any
identical or similar franchise to any person other than the franchisee.
(Ord. No. 14(1989), § 2(16.60.100), 6-27-89)
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§ 13.12.120 DIAMOND BAR CODE
Sec. 13.12.120. Compliance with chapter provisions.
Nothing contained in this chapter shall ever be construed so as to exempt the franchisee
from compliance with all ordinances, rules or regulations of the city now in effect or which may
be hereafter adopted which are not inconsistent with the terms of the franchise.
(Ord. No. 14(1989), § 2(16.60.105), 6-27-89)
Sec. 13.12.130. Acceptance of franchise.
(a) The franchisee shall, within 30 days after the passage of the ordinance granting the
franchise, file with the city clerk, an express and unconditional written acceptance of the
terms and conditions of the ordinance; provided, however, that as to franchises granted to the
United States of America, use will constitute acceptance.
(b) The parent entity, if any, of the franchisee, shall file a letter with the city, concurrent
with the franchisee's letter of acceptance, which guarantees the performance of each and every
term, covenant and condition imposed on the franchisee pursuant to the franchise.
(c) The franchisee's letter of acceptance shall be signed by a duly authorized representa-
tive of the franchisee, whose signature shall be acknowledged by a notary, and shall be
accompanied by the performance bond, letter of credit, and evidence of insurance required by
this chapter and by the ordinance granting the franchise.
(d) The ordinance granting the franchise shall be rendered null and void until such time
as the franchisee meets the acceptance criteria contained in this section.
(Ord. No. 14(1989), § 2(16.60.110), 6-27-89)
Sec. 13.12.140. Acknowledgement of right to franchise.
The franchisee, by acceptance of the franchise granted pursuant to the ordinance, ex-
pressly acknowledges and accepts the right of the city to issue a franchise. The franchisee
further acknowledges and accepts the right of the city to exercise directly or delegate its
regulatory power to a subordinate body or its officers, employees, agencies, committees, or
departments to ensure the proper implementation of the franchise.
(Ord. No. 14(1989), § 2(16.60.115), 6-27-89)
Sec. 13.12.150. Term of the franchise.
Unless the ordinance granting the franchise provides otherwise, the term of the franchise
shall be 15 years.
(Ord. No. 14(1989), § 2(16.60.120), 6-27-89)
Sec. 13.12.160. Insurance and indemnification requirements.
(a) A franchisee shall, at its sole expense, indemnify, defend and save harmless the city,
its agents, officers and employees from and against any and all liability, expense, including
defense costs and legal fees, and claims for damages of any nature whatsoever, including, but
not limited to, bodily injury, death, personal injury, or property damage, including property of
CD 13:94
UTILITIES § 13.12.160
the franchisee, arising from or connected with either directly or indirectly, franchisee's activ-
ities, operations or services hereunder, including any workers' compensation suits, liability or
expense, arising from or connected with services performed on behalf of franchisee by any
person pursuant to the franchise. Nothing in this section shall be deemed to prevent the
parties indemnified and held harmless herein from participating in the defense of any litiga-
tion by their own counsel at the franchisee's sole expense. Such participation shall not under
any circumstances relieve the franchisee from its duty of defense against liability or of paying
any judgment entered against such party.
(b) Without limiting a franchisee's indemnification of the city pursuant to subsection (a)
of this section and section 13.12.590, the franchisee shall provide and maintain at its own
expense during the term of the franchise, the following programs of insurance covering its
operations hereunder. Such insurance shall be provided by insurers satisfactory to the di-
rector, and satisfactory evidence of such programs shall be delivered to the city, on or before
the effective date of the franchise. Insurance policies and certificates evidencing coverage shall
name the city, its officers, agents, and employees as additional insureds in respect to the
franchisee's operations under the franchise. Such evidence shall specifically identify the fran-
chise and shall contain express conditions that the city is to be given written notice by
registered mail at least 60 days in advance of any modification or termination of any program
of insurance:
(1) Liability. Such insurance shall be primary to and not contributing with any other
insurance maintained by the city, shall name the city, its officers, agents, and em-
ployees as additional insureds, and shall include, but not be limited to:
a. Comprehensive general liability insurance endorsed for premises -operations, prod-
ucts/completed operations, contractual, broad form property damage and per-
sonal injury with a combined single limit of not less than $1,000,000.00 per
occurrence. If the above insurance is written on a claims made form, such insur-
ance shall be endorsed to provide an extended reporting period of not less than
five years following termination of the policy.
b. Comprehensive auto liability insurance endorsed for all owned, non -owned, and
hired vehicles with a combined single limit of at least $1,000,000.00 per occur-
rence.
c. Such amounts of coverage shall be subject to review and adjustment by the city,
at the city's sole option, at any time during the term of the franchise. In the event
of such adjustment, franchisee agrees to provide such amounts as are determined
by the city, within 30 days after written notice to do so from the city.
(2) Workers' compensation. A program of workers' compensation insurance in an amount
and form to meet all applicable requirements of the Labor Code of the state, including
employers liability insurance with a $150,000.00 limit, covering all persons providing
services on behalf of franchisee and all risks to such persons under the franchise. The
franchisee may provide, if applicable, a certificate of consent to self -insure, issued by
the director of industrial relations of the state. Should the franchisee utilize the
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§ 13.12.160 DIAMOND BAR CODE
self-insurance provision of this section, and the franchisee's certification of consent to
self -insure expire or be revoked, the franchisee shall be required to provide a program
of workers' compensation insurance prior to or upon such expiration or revocation.
(c) The franchisee shall furnish the director, prior to commencement of any franchise
operations, either certified copies of the policies required by subsection (b) of this section, or a
certificate of insurance for each of the required policies executed by the company issuing the
policy, certifying that the policy is in force.
(d) No franchise operations. shall commence until the franchisee has complied with the
provisions of this section, and any such operations shall be suspended during any period that
the franchisee fails to maintain such policies in full force and effect.
(e) It shall -be the franchisee's obligation to provide evidence of current insurance policies.
(Ord. No. 14(1989), § 2(16.60.130), 6-27-89)
Sec. 13.12.170. Performance bond requirements.
(a) On or before the effective date of the ordinance granting the franchise, the franchisee
shall furnish the director with a bond, payable to the city, in a form and executed by a
corporate surety acceptable to the city and licensed to transact business as a surety in the
state. Such a bond shall be maintained in full force and effect at all times during the term of
the franchise and shall be in favor of the city in the penal sum of $50,000.00, or such other sum
as may be specifically provided for in the ordinance granting the franchise. Such bond shall be
conditioned upon faithful performance by the franchisee of the terms and conditions of the
franchise and shall provide that, in case of any breach of condition of the bond, the whole
amount of the penal sum shall be deemed to be liquidated damages and shall be payable to the
city by the principal and sureties of the bond. If the bond is not filed as aforesaid, the award
of the franchise may be set aside and the ordinance granting the franchise repealed, and any
money paid in consideration for the award of franchise shall be deemed forfeited. The perfor-
mance bond may be required in addition to a letter of credit or establishment of a security fund
pursuant to section 13.12.200. The rights reserved with respect to the performance bond are in
addition to all other rights of the city.
(b) The amounts of the bond shall be subject to review and adjustment by the city, at the
city's sole discretion, at any time during the term of the franchise. In the event of such
adjustment, the franchisee agrees to renew the bond, in an amount as determined by the city,
with sureties to be approved by the city, within 30 days after written notice to do so from the
city.
(c) The performance bond shall continue to exist for one year following the director's
approval of any sale, transfer, assignment or other change of ownership of the franchise, or of
the expiration or termination of the franchise, only for the purpose of ensuring the franchisee's
faithful performance under the terms and conditions of the franchise prior to the date of
approval of the change of ownership, or of expiration or termination. The director may release
CD13:96
UTILITIES § 13.12.310
the bond prior to the end of the one-year period upon satisfaction by the franchisee of all
obligations under the franchise.
(d) No franchise operations shall commence until franchisee has complied with the afore-
mentioned provisions of this section, and any such operations shall be suspended during any
period that franchisee fails to maintain the bond in full force and effect.
(e) It shall be the franchisee's obligation to provide evidence of current bonding coverage.
(Ord. No. 14(1989), § 2(16.60.140), 6-27-89)
Sec. 13.12.180. Failure to procure or maintain required insurance and bonding.
Failure on the part of the franchisee to procure or maintain insurance and bonding as
required under the franchise shall constitute a material breach of the franchise upon which
the city may immediately terminate or suspend this franchise.
(Ord. No. 14(1989), § 2(16.60.145), 6-27-89)
Sec. 13.12.190. Assignment of savings and loan certificates, certificates of deposit,
cash deposits, or U.S. government securities in lieu of bond.
At its sole discretion, the city may accept assignments of savings and loan certificates,
certificates of deposit, cash deposits, or U.S. government securities in lieu of commercial bonds
to meet the bonding requirements of this chapter. Such alternate bonds shall be made payable
to the city and shall be deposited with the county's auditor -controller in the same amount as
required on such bond. Assignment of savings and loan certificates shall be subject to all of the
provisions set out in this Code. Earnings, if any, on the security provided shall accrue to the
franchisee.
(Ord. No. 14(1989), § 2(16.60.150), 6-27-89)
Sec. 13.12.200. Letter of credit or security fund.
In addition to the performance bond required in section 13.12.170, the city may require a
clean, irrevocable letter of credit or establishment of a security fund, to be maintained in an
amount to be specified in the ordinance granting the franchise, as security for compliance with
time and performance requirements of the franchise. If the city withdraws any funds from any
such instrument, the franchisee shall replenish the amount withdrawn within ten business
days. The rights reserved with respect to a letter of credit or a security fund are in addition to
all other rights of the city.
(Ord. No. 14(1989), § 2(16.60.155), 6.27.89)
Secs. 13.12.210-13.12.300. Reserved.
DIVISION 2. APPLICATION
Sec. 13.12.310. Filing.
Any person desiring a franchise for a cable television system shall file an original appli-
cation and 11 copies with the department in its capacity as staff for the business license
commission.
(Ord. No. 14(1989), § 2(16.62.010), 6-27-89)
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S 13.12.320 DIAMOND BAR CODE
Sec. 13.12.320. Proprietary information.
To the extent permitted by law, proprietary information may be kept confidential, if
appropriately identified. If an applicant believes that the information it must submit in its
application should be treated confidentially by the city, it must so advise the department by
letter prior to or with its application. If it is determined by the city that such information is
not confidential, the applicant will be so notified and the information will be returned to the
applicant at applicant's request.
(Ord. No. 14(1989), § 2(16.62.015), 6-27-89)
Sec. 13.12.330. Contents.
An application for a franchise for a cable television system shall contain the following
information, where applicable:
(1) Designation of the specific area to be served by the franchisee to include the following:
a. A street map of the area to be served, including the location of proposed or
existing headend site (antenna site), microwave sites, if any, and business office;
b. The extent, if any, to which the applicant intends to overbuild the existing cable
operator's facilities; and
c. Inclusion of line extension areas, if any. Line extension areas are those areas
which at time of application are not developed sufficiently for provision of cable
services within the terms of section 13.12.1210, but are anticipated to reach
sufficient development or density of population during the term of the franchise
to support the extension of cable services.
(2) Identification of the applicant to include the following:
a. Indicate corporate or business entity organization of the applicant (e.g., partner-
ship, corporation), and submit copies of corporate or business formation papers
(e.g., articles of incorporation and bylaws; limited partnership agreement); in-
clude the names and addresses of any parent or subsidiary of applicant or any
other business entity owning or controlling applicant in whole or in part, or
owned or controlled in part by the applicant.
b. Indicate basis for acquiring ownership: whether ownership or the holding was
acquired at same per-share costs as other owners, whether services or other
in-kind contributions are included as a basis for acquiring ownership.
c. Indicate whether a buy-out agreement exists, whether written or verbal, giving
other stockholders, persons or entities the right to acquire the interest of local
stockholders in the future; submit copies of the agreements.
d. Resume of prior business history of applicant, including the expertise of applicant
in the cable television field.
e. List of all stockholders of applicant owning or controlling five percent or more of
the stock of the applicant and the percentage of stock owned or controlled by each.
CD 13:98
UTILITIES § 13.12.330
f. List of officers of the applicant, together with a description of education and
business background of each officer.
g. Provide specific information regarding whether the applicant, including the parent
entity, if applicable, any principal, manager or any other cable operator of which
any principal or manager of the applicant was or is a principal or manager, has
ever been:
Found guilty of a criminal proceeding (felonies or misdemeanors) in which
any of the following offenses have been charged: fraud, embezzlement, tax
evasions, bribery, extortion, jury tampering, obstruction of justice (or other
misconduct affecting public or judicial officers in the performance of their
duties), false/misleading advertising, perjury, antitrust violations (state or
federal), violations of FCC regulations, or conspiracy to commit any of the
foregoing;
2. A party to a civil proceeding in which he was held liable for any of the
following, or is now a party to any such proceedings: unfair or anticompeti-
tive business practice, antitrust violations (state or federal) including in-
stances in which consent decrees were entered, violations of securities laws
(state or federal), false/misleading advertising, violations of FCC regulations,
racketeer influences and corrupt organizations, or contraband forfeitures;
3. Subject to any penalty, criminal or civil, involving failure to comply with the
requirements of a cable television franchise;
4. Involved in instituting legal action against its franchising authorities; or
5. Involved in revocation/nonrenewal of any other franchises.
(3) Financial information shall include a current financial statement of the applicant
which has been audited by a certified public accountant. Included shall be a balance
sheet, profit and loss statement for at least the three most recent years, and a state-
ment of changes in financial position, if in existence for less than three years, for such
period of existence.
(4) Describe in detail the financing plan for the construction and initial operation of the
proposed cable television system and proof of financial capability. Proof of financial
capability shall include:
a. A showing of sources and amount of equity capital; if equity contribution is
borrowed, describe collateral and terms of the loan;
b. A showing of sources and amount of debt capital, both primary and secondary;
and
c. Terms of financing.
(5) Supply documentation that demonstrates and insures the applicant's financial via-
bility, such as:
a. Letters of commitment from financial institutions which demonstrate the avail-
ability of sufficient funds to complete construction of the proposed system. Com-
mitments conditional on the obtaining of the franchise are acceptable.
CD13:99
§ 13.12.330 DIAMOND BAR CODE
b. If the applicant is a multiple system operator, give evidence of the portion of the
company's sources of financing which is uncommitted and will be applied to the
proposed construction and operation of the system.
c. State the amount of equity contribution, plus the method by which the contribu-
tion is paid (i.e., cash, cash plus credit, services, etc.). Include financial commit-
ment documentation for each investor.
d. If the applicant is a division or subsidiary of a multiple operator, provide the
proposed debt instrument describing terms of payment, and/or other documenta-
tion showing funds committed to the applicant.
e. If capital is to be raised or supplied by a parent company or other entity, provide
an annual report for the parent entity, or equivalent information if an annual
report is not prepared for the parent entity.
f. Describe sources and documentation evidencing debt financing.
g. The applicant will be required to authorize release of financial information to the
city from financial institutions relating to information supplied by the applicant
in support of the application.
(6) Provide pro forma financial statements. Pro forma financial statements are required
for a minimum of five years beginning with the date the franchise agreement is
accepted, projected annually through the year the applicant anticipates that all fi-
nancing obligations and debts will have been retired. Such pro formas shall include
income statements supported by realistic levels of subscriber penetration, including
the source of the information and basis for the projection. Sources and uses of funds,
loan amortization information, anticipated capital expenditures, construction costs,
depreciation schedules, and operating expenses shall be provided and the basic as-
sumptions relied upon shall be detailed to support its projections. The information
and assumptions shall include financial aspects of miles to be built and types of
installation (aerial/underground), building schedule, headends, other capital invest-
ments and planned coverage; debt, debt equity ratio, debt service costs; depreciation;
operating costs in detail; assumed market penetration rate; expected internal rate of
return; discuss fixed and variable costs; and such other relevant information as the
city deems appropriate.
(7) Provide a construction schedule, describe type and placement of construction, detail
phases of construction, and include a map correlated to the phases of construction.
Include copies of any agreement with utility companies for the use of any facilities
including, but not limited to, poles, lines and conduits.
(8) Proposed rates and charges to be charged subscribers; indicate the extent to which the
franchisee proposes to utilize bulk rate contracts, promotional considerations, or lock
box charges and other charges, if any.
(9) Description of system configuration, programming and equipment to include:
a. A technical schematic of the system that will be used to provide coverage to the
service area.
CD13:100
UTILITIES § 13.12.330
b. An itemized list of the electronic equipment to be used, channels to be provided,
pay TV or additional services; indicate channel lineup for basic service and other
service tiers (by service tier), and type of converter; include the manufacturer,
type and model numbers (aerial and underground, including drops), active elec-
tronics including power supplies and standby power systems, and passive elec-
tronics; describe the need for and proposed use of converters including an expla-
nation of the conditions under which converters will be furnished.
c. A description of headend design and reception facilities, including make and
model numbers of antennas, signal processors, modulators, demodulators, FM
processors and status monitoring systems. Indicate whether signal studies or
measurement programs have been undertaken in selecting the headend sites and
microwave sites, if any.
d. A description of any other headend and/or subscriber terminal equipment that
will be or may be installed for pay-per-view service, other interactive services,
text display, home security, etc. Give full details of immediate and longterm
plans including arrangements actually made.
e. A summary spectrum utilization chart.
f. Make and model number of emergency override system, describe how the system
will work, how and from where the system will be activated.
g. A description of equipment for standby power (for headend, transportation and
trunk amplifiers); length of time standby power will be provided.
h. A description of equipment to be used for programming any automated channels,
including make and model numbers of the equipment.
i. A discussion of channel expansion capability in respect to both the shortterm and
longterm, including specific. reference to the degree of flexibility available for
adapting the system to increasing or changing capacity requirements.
(10) Forecast of number of homes in franchise service area, number of homes to be passed,
if different from number of homes in the franchise service area, and projected number
of subscribers, market penetration.
(11) Description of technical standards to which the system will conform. Information
shall include, but not be limited to: Carrier to noise ratio, composite triple beat, and
cross modulation specifications. Provide the calculations supporting these specifica-
tions associated with the transmission paths described in subsections (9)a, (9)b and
(9)c of this section. All supporting calculations shall be related to full loading of
unmodulated television signals. Any enhancements such as HRC channelization,
synchronous carriers of FM modulation shall be separately stated.
a. Worst-case satellite received signal to the most distant subscriber, including
distribution system and super trunk effects.
b. Worst-case off -air -signal to most distant subscriber, including distribution and
super trunk effects.
c. Worst-case most distant institutional originators to most distant subscriber, in-
cluding upstream path distribution system and longest super trunk effects.
CD13:101
§ 13.12.330 DIAMOND BAR CODE
d. Amplifier cascade. Indicate the number of amplifiers, number of miles and type
of cable in the longest amplifier cascade in the proposed cable system.
(12) Disclosure of whether the applicant is in process of acquiring other cable systems or
businesses which could impact its resources (management and financial) available to
construct, upgrade, maintain and operate the franchise. Indicate any plans for future
acquisitions within the next two years which could impact the applicant's ability to
furnish service.
(13) If a limited partnership, indicate if there are any plans to sell/dissolve the partnership
within the term of the franchise.
(14) Indicate provisions for PEG programming. At the minimum, the franchisee shall
make available as of the date of initiation of cable services, the capability of broad-
casting a tape which a PEG user provides to the franchisee for showing on the system,
subject to legislative guidelines dealing with copyright clearances, obscenity provi-
sions and other appropriate areas concerning acceptance of programming for viewing,
and within 12 months of initiation of cable services, provide videotaping and editing
capabilities for PEG users. To the extent feasible at time of application, describe the
facilities, equipment, training for residents, funding and staffing which franchisee
will ensure are available for residents of the franchise service area. The program plan
should provide for a comprehensive and well-balanced production capability which
will enable the user to produce programming in a studio and to videotape productions
at remote locations. The program plan shall address, but not be limited to, the fol-
lowing areas:
a. Establishment of a citizens group reflecting the community needs and interests
to advise the franchisee and the franchising authority on the utilization of the
community access resources.
b. Description of training opportunities for the residents of the area and the staff of
the franchising authority.
c. Description of funding sources and available grants for the support of community
access programming.
d. Description of an information outreach program for the community regarding
community programming opportunities.
e. Description of franchisee's capital financial obligation to support the plan de-
scribed in this section.
f. Description of facilities, equipment and materials franchisee will ensure are
available for use of the residents. Plan may include several phases of commit-
ment and implementation.
g. Provision for a periodic reassessment of community needs and interests, to be
conducted within a minimum of three years and a maximum of five years, which
will determine whether additional facilities, equipment, materials and/or training
opportunities are needed to meet changing community needs and interests during
the term of the franchise.
CD13:102
UTILITIES § 13.12.350
(15) Any other details, statements, information or references pertinent to the subject
matter of such application which shall be required or requested by the city or by any
provision of law.
(Ord. No. 14(1989), § 2(16.62.020), 6-27-89)
Sec. 13.12.340. Franchise processing fee.
(a) Upon submission of an application, the applicant/franchisee shall pay to the city a
nonrefundable franchise processing fee as follows:
(1) Initial grant of franchise or renewal of existing franchise:
a. Franchise area containing less than 1,000 homes: $1,000.00;
b. Franchise area containing 1,001 to 5,000 homes: $2,500.00;
c. Franchise area containing 5,001 to 10,000 homes: $5,000.00; and
d. Franchise area containing 10,001 or more homes: $7,500.00.
If the franchise area contains less than 100 homes, franchisee may receive credit for
all or a portion of the processing fee. Such credit shall be applied to franchise fee
payments required by section 13.12.810. Granting the credit shall be at the sole
discretion of the board and shall be based upon economic and/or technological con-
siderations specific to the franchise area.
(2) Consent to sale, transfer, transfer of stock, assignment, lease, hypothecation or trust
of franchise, not requiring modification of the franchise by adoption of an amending
ordinance: $1,000.00.
(3) Modification of franchise requested by franchisee requiring the adoption of an
amending ordinance: $2,500.00.
(4) Consent to sale, transfer, transfer of stock, assignment or lease, or any other action
requiring modification of franchise by adoption of an amending ordinance: $2,500.00.
(5) Modification of franchise resulting from noncompliance with one or more provisions
of the franchise which requires the adoption of an amending ordinance: $2,500.00.
(b) The applicant may be required to pay any additional costs incurred by city in the
processing of the applicant's request for franchise, renewal, modification, consent to sale,
transfer, transfer of stock, assignment, lease, hypothecation or trust of franchise. Such costs
may include the costs incurred for hiring consultants to assist in evaluating the application.
Such costs shall be paid by the applicant prior to final consideration of the request by the
director or the city council, as applicable.
(Ord. No. 14(1989), § 2(16.62.025), 6-27-89)
Sec. 13.12.350. Distribution of copies.
Upon receipt of an application for franchise, the department shall transmit one copy each
thereof to the appropriate city departments.
(Ord. No. 14(1989), § 2(16.62.030), 6-27-89)
CD13:103
§ 13.12.360 DIAMOND BAR CODE
Sec. 13.12.360. Deposit of publication and notice costs.
Upon receipt of an application for franchise, the commission shall estimate the cost of
publication and posting of the notice of hearing, as provided in this division, and shall notify
the applicant of the amount thereof. No further action will be taken on the application until
the estimated cost of publication and posting has been deposited with the commission by the
applicant.
(Ord. No. 14(1989), § 2(16.62.040), 6.27-89)
Sec. 13.12.370. Public hearing—Scheduling prerequisites.
Upon receipt of the required deposit, the commission shall set the application for a hearing
at a time and date approved by the director. Notwithstanding the foregoing, no application for
franchise shall be set for hearing unless it contains the information required by section
13.12.330.
(Ord. No. 14(1989), § 2(16.62.050), 6-27-89)
Sec. 13.12.380. Same—Notice requirements.
Not less than ten days before the hearing, the commission shall give notice in writing of
the time, date and place of hearing to the director, the auditor -controller, and the applicant.
The commission shall serve such notice upon the applicant by first class mail, postage prepaid.
(Ord. No. 14(1989), § 2(16.62.060), 6-27-89)
Sec. 13.12.390. Posting notice—Contents.
(a) The posted notice of hearing shall state that an application has been made for a cable
television franchise for (specify area to be served) and shall contain the following statement:
"Any person having objections to the granting of the franchise for which the appli-
cation is made, or wishing to suggest any other terms and conditions which should be
included in such franchise, may, at any time prior to the date above named, file with the
commission in writing, objections or suggestions, or both, giving the reasons therefor, and
may appear at the time and place of the hearing to be heard relative thereto."
(b) The notice shall also indicate the address and telephone number of the commission.
(Ord. No. 14(1989), § 2(16.62.070), 6-27-89)
Sec. 13.12.400. Same—Location.
In those places, a minimum of two places, up to and including a maximum of ten places,
within the proposed franchise service area to be served which the commission finds will most
adequately notify the inhabitants thereof, the commission, not less than five days prior to the
hearing, shall post notice of the time, date and place of hearing at each of the selected loca-
tions.
(Ord. No. 14(1989), § 2(16.62.080), 6-27-89)
CD 13:104
UTILITIES § 13.12.450
Sec. 13.12.410. Publication of notice.
Not less than five days before the hearing, the commission shall publish in a newspaper
of general circulation circulated within the area to be served, and pursuant to Government
Code § 6061.3, the same notice as is required to be posted.
(Ord. No. 14(1989), § 2(16.62.090), 6-27-89)
Sec. 13.12.420. Posting and publication costs.
If the cost of publication and posting of notice of hearing exceeds the amount deposited by
the applicant, the commission shall bill applicant for the deficiency. The applicant shall pay
the whole of such bill within 30 days after receipt thereof. If the amount of the deposit exceeds
the cost of publication and posting, the city shall refund the difference to the applicant.
(Ord. No. 14(1989), § 2(16.62.100), 6-27-89)
Sec. 13.12.430. Protests and suggestions; filing time.
Any person interested, at any time after the filing of an application as provided in this
division and prior to the hearing thereon, may file with the commission written protests or
suggestions, or both, either against the granting of the franchise or to suggest any terms and
conditions which should be included in the franchise. The commission, in considering the
application, shall give consideration to all of such protests and suggestions.
(Ord. No. 14(1989), § 2(16.62.110), 6-27-89)
Sec. 13.12.440. Conduct of public hearing.
At the time and place set for the hearing or at the time and place to which the hearing may
be continued by the commission, the commission shall hear the applicant, who may present
any evidence to show why the franchise should be granted, why certain terms or conditions
should be imposed or not imposed on such franchise, if granted, and also shall hear testimony
or statements of other persons who may attend the hearing and present reasons why the
application should be denied, or why, if granted, the franchise should or should not be subject
to certain conditions.
(Ord. No. 14(1989), § 2(16.62.120), 6-27-89)
Sec. 13.12.450. Recommendations following hearing.
Within 30 days after the close of the hearing, and based upon the evidence received at the
hearing and other matters which the commission is required to consider, the commission shall
file with the city council its recommendations as to whether or not the application should be
granted and, if granted, subject to what conditions. The commission shall send a copy of its
recommendations to the applicant, the director, the auditor -controller, and the director of
public works.
(Ord. No. 14(1989), § 2(16.62.130), 6-27.89)
CD13:105
§ 13.12.460 DIAMOND BAR CODE
Sec. 13.12.460. Council action on recommendations.
Upon receipt of the recommendations of the commission, the city council may take any one
of the following actions:
(1) The action recommended by the commission;
(2) Refer the matter back to the commission with or without instructions;
(3) Require a transcript of the testimony and any other evidence received by the com-
mission and take such action as in its opinion is indicated by the evidence; or
(4) Set the matter for public hearing before itself. Such public hearing shall be held de
novo as if no hearing previously had been held.
(Ord. No. 14(1989), § 2(16.62.140), 6-27-89)
Sec. 13.12.470. License agreement; processing fee.
In the case of an application for a license agreement to construct and maintain a portion
of a cable television system along, over, across or under public rights-of-way to extend cable
television services to a franchise granted by one or more franchising authorities, the applicant
shall pay a license agreement processing fee of $1,000.00. The applicant may be required to
pay any additional costs incurred by the city in the processing of the applicant's request for a
license agreement. Such costs may include the costs incurred for hiring consultants to assist
in evaluating the application for a license agreement.
(Ord. No. 14(1989), § 2(16.62.150), 6-27-89)
Sec. 13.12.480. Authority to execute license agreements.
The director may execute license agreements for the use of county roads and county
easements by cable television systems operating within the city which do not exceed 15 years
in term.
(Ord. No. 14(1989), § 2(16.62.160), 6-27-89)
Sec. 13.12.490. Line extension areas; authority to grant.
(a) When franchisee makes application for a franchise or renewal of a franchise, and there
exists an area or areas adjacent to the requested franchise service areas, which at the time of
application have not reached sufficient development or density of population to require the
provision of cable services within three years of the granting of the franchise or renewal, but
for which it is anticipated that such development or density will occur within the term of the
franchise, the franchisee may include in the application a request for such areas to be included
as line extension areas. The application shall include a map on which the line extension areas
are indicated.
(b) The director shall have the authority to grant one or more line extensions during the
term of the franchise. As a condition to the granting of the extension of cable service to the line
CD13:106
UTILITIES § 13.12.500
extension areas, the director may impose additional terms and conditions upon the franchise
which the director may deem to be in the public interest.
(c) At such time as the franchisee determines that the line extension areas have developed
sufficiently to warrant the extension of cable services, the franchisee shall apply to the director
for approval to extend cable services. The application shall include, but not be limited to, a
map of the areas to be constructed, a construction schedule, an estimate of construction costs,
a copy of the complaint record as identified in section 13.12.1390(d), and other applicable
information required by the director.
(d) After approval to proceed with the line extensions, and upon notification by the fran-
chisee that construction of the areas has been completed, the areas shall be considered a part
of the franchise service areas, as if originally granted in the ordinance granting the franchise,
and the term of the franchise for such extension areas shall expire when the term of the
original franchise areas expires. The director shall issue written notice to the franchisee that
the areas shall thereafter be considered as if a part of the original franchise service area. A
copy of the notice shall also be riled with the city council for its records.
(e) The franchisee shall provide to any areas constructed under the line extension policy
the same services at the same rates by the franchisee as the franchisee provides to those
service areas in the original franchise service areas, as set forth in section 13.12.1210.
(Ord. No. 14(1989), § 2(16.62.180), 6-27-89)
See. 13.12.500. Request for new extension areas to be included in franchise; authority
to grant.
(a) During the life of the franchise, should the franchisee determine that any undeveloped
areas not included in the original franchise application as line extension areas reach sufficient
development to warrant the extension of cable services, the franchisee shall apply to the
director for approval to extend cable services to such new extension areas. At the director's sole
option, the director may elect to refer the application to the city council or the commission for
action on the request.
(b) An application shall be submitted to the director which shall include, but not be
limited to, maps of the areas to be constructed, an estimate of the number of homes in the
areas, a construction schedule, an estimate of construction costs, a copy'of the complaint record
as identified in section 13.12.1390(d), and other applicable information required by the di-
rector. The application shall be accompanied by a processing fee, in an amount determined
according to the requirements of section 13.12.340, based on the homes contained in the newly
requested areas.
(c) As a condition to the granting of the extension of cable service to the requested ex-
tension areas, the director or city council or commission, as applicable, may impose additional
terms and conditions upon the franchise which the director or city council or commission, as
applicable, may deem to be in the public interest.
CD13:107
§ 13.12.500 DIAMOND BAR CODE
(d) Upon the director's or commission's or city council's determination to consent to the
request to add new extension areas to the franchise, the director shall issue written notice to
the franchisee. Such written notice shall include maps and legal descriptions of the new
extension areas. A copy of the notice shall also be filed with the city council for its records.
(e) Any such new extension areas shall be considered a part of the franchise service areas
as if originally granted in the ordinance granting the franchise, and the term of such new
extension areas shall expire when the term of the original franchise areas expires.
(f) The franchisee shall provide to any areas constructed under this section the same
services at the same rates as franchisee provides to those service areas in the original fran-
chise areas, as set forth in section 13.12.1210.
(g) The director shall advise the city council and the commission on a semiannual basis of
the status of all new extensions granted during the preceding period.
(Ord. No. 14(1989), § 2(16.62.190), 6-27-89)
Sec. 13.12.510. Liquidated damages.
(a) By acceptance of a franchise granted by the city, the franchisee understands and shall
agree that failure to comply with any time and performance requirements as stipulated in this
chapter and the ordinance granting the franchise (franchise agreement) will result in damages
to the city and that it is and will be impractical to determine the actual amount of such damage -
in the event of delay or nonperformance. Each of the amounts set forth in this section has been
set in recognition of the difficulty in affixing actual damages arising from breach of the
franchise agreement. The franchise agreement may include provisions, where applicable, for
liquidated damages to be paid to the city by the franchisee, in the following amounts, or
amounts set forth in the franchise agreement, and chargeable to the letter of credit or security
fund, should the franchisee not make payment within 30 days of written notice by the city that
the following amounts are due for the following concerns:
(1) Failure to complete system construction in accordance with the franchise agreement,
unless the director approves the delay due to the occurrence of conditions beyond the
franchisee's control: $500.00 per day for each day, or part thereof, that the deficiency
continues.
(2) Failure to provide data, documents, or reports within ten days after a written request,
or within such longer time as may be specified in the request: $50.00 per day for each
day, or part thereof, that each violation continues.
(3) Failure to test, analyze and report on the performance of the system following a
written request pursuant to the franchise agreement within such time as may be
specified in the request: $100.00 per day for each day, or part thereof, that such
noncompliance continues.
(4) Failure to provide in a continuing manner the type of services proposed in the fran-
chisee's application as incorporated into the ordinance granting the franchise, unless
the director approves a delay or change, or the franchisee has obtained a modification
CD13:108
UTILITIES § 13.12.520
of its obligation under section 625 of the Cable Act: $500.00 per day for each day, or
part thereof, that each noncompliance continues.
(5) Failure to construct cable system to an area meeting the density requirements fol-
lowing a written request therefor, within such time as may be specified in the request:
$100.00 per day for each day, or part thereof, that each noncompliance continues.
(6) Failure to provide required notices to subscribers: $1.00 per subscriber per month for
each month, or part thereof, that each noncompliance continues.
(7) Failure to provide current evidence of insurance and bonding. $100.00 per month for
each month, or part thereof, that each noncompliance continues. Nothing in this
section shall preclude immediate termination or suspension of franchise, as provided
for under section 13.12.180 for franchisee's failure to procure or maintain the re-
quired insurance and bonding.
(8) Nothing in this section shall preclude further liquidated damages as agreed upon by
the parties in the franchise agreement.
(b) If the director determines that the franchisee is liable for liquidated damages, the
director shall issue to the franchisee by certified mail written notice of intention to assess
liquidated damages. Assessments shall begin to accrue as of the date of the written notice and
as set forth in the notice. The notice shall set forth the basis for the assessment and give the
franchisee a reasonable time in which to remedy the violation.
(c) The franchisee shall have the right to appeal any notice to the director, by certified
mail, within 15 days of receipt of notice. The director shall hold an administrative hearing
within 60 days of receipt of an appeal. The director's decision shall be final.
(d) If the franchisee does not appeal the notice within the 15 -day period, the franchisee
shall pay the amounts of liquidated damages as indicated in the notice. If payment is not paid,
as provided for in this section, the city may draw against the letter of credit or security fund
in the specified amounts.
(Ord. No. 14(1989), § 2(16.60.157), 6-27-89)
Sec. 13.12.520. Grant and forfeiture conditions.
(a) The franchise is granted and shall be held and enjoyed upon each and every condition
contained in the ordinance granting the franchise and each and every condition contained in
this chapter, and shall ever be strictly construed against the franchisee.
(b) In addition to all other rights and powers retained by the city under this chapter or
otherwise, the city reserves the right to suspend or revoke and terminate a franchise and all
rights and privileges of a franchisee in the event of a material breach of its terms and condi-
tions. In interpreting this section, material provisions shall include all labeled as such and all
others, which, under all the facts and circumstances indicated, are a significant provision of
CD13:109
§ 13.12.520 DIAMOND BAR CODE
the franchise agreement. A material breach by the franchisee shall include, but shall not be
limited to, the following:
(1) Violation of any material provision of the franchise or any material rule, order,
regulation or determination of the city made pursuant to the franchise;
(2) Attempt to evade any material provision of the franchise or practice any fraud or
deceit upon the city or its subscribers or customers;
(3) Failure to begin or complete system construction, reconstruction or system extensions
as provided under the franchise;
(4) Failure to provide the types of facilities, equipment or services promised; and
(5) Material misrepresentation of fact in the application for or negotiation of the fran-
chise.
The foregoing shall not constitute a material breach if, in the opinion of the city council, the
violation occurs without fault of the franchisee or occurs as a result of circumstances beyond
its control. The franchisee shall not be excused by mere economic hardship nor by misfeasance
or malfeasance of its shareholders, directors, officers or employees.
(c) The director, prior to any suspension or revocation and termination of the franchise,
shall give to the franchisee not less than ten days' notice in writing of any default thereunder.
If the franchisee does not within the noticed period begin the work of compliance or, after such
a beginning, does not prosecute the work with due diligence to completion, the city council
shall hold a hearing, at which the franchisee shall have the right to appear and be heard.
Notice of the hearing shall be given to the franchisee by certified mail not less than ten days
before the hearing.
(d) Upon the conclusion of the hearing, the city council may determine whether such
conditions are material and essential to the franchise and whether the franchisee is in default
with respect thereto and may declare the franchise suspended or revoked and terminated. No
revocation and termination shall become effective less than 30 days after the council's decla-
ration to revoke and terminate; and no lapse of time, expenditure or any other thing shall be
deemed to give the franchisee any vested right or interest in the continuation of the franchise
granted.
(Ord. No. 14(1989), § 2(16.60.160), 6-27.89)
Sec. 13.12.530. Costs of technical assistance.
The franchisee shall pay the costs incurred by the city for any technical assistance deemed
necessary by the city for obtaining independent verification of technical compliance with all
franchise imposed standards.
(Ord. No. 14(1989), § 2(16.60.165), 6.27-89)
CD13:110
UTILITIES § 13.12.540
Sec. 13.12.540. Sale, transfer, stock transfer, lease, assignment, hypothecation or
change in control of franchise; conditions.
(a) The franchisee shall not sell, transfer, assign, lease, hypothecate, place in trust or
change the control of the franchise or any part thereof, except with the prior consent of the
director, and after payment of the fees required by section 13.12.340. Director's consent shall
not be unreasonably withheld. As used in this section, the word "transfer" includes stock
transfer and the word `control" includes actual working control in whatever manner exer-
cised.
(b) The franchisee shall inform the director of any pending sale, transfer, lease, assign-
ment, hypothecation, placing in trust or change in control, except as excluded in subsection (e)
of this section. The transferor and transferee must file an application for the director's consent
to transfer control of or assign the franchise as set forth in subsections (g) and (h) of this
section. Such applications shall be accompanied by the fees required in subsection 13.12.340(a)
and shall be signed by duly authorized representatives and the signature acknowledged by a
notary.
(c) The franchisee shall file with the director a certified copy of the duly executed instru-
ment of such sale, transfer, assignment, lease, hypothecation, trust or change in control within
30 days of the effective date of such sale, transfer, assignment, lease, hypothecation, trust or
change in control. If such duly executed instrument is not filed with the director within 30
days after the effective date of such sale, transfer, assignment, lease, hypothecation, trust or
change in control, then upon the expiration of 30 days, the franchise shall be subject to
forfeiture and the city council may, without notice, by ordinance repeal the franchise.
(d) As a condition to the granting of consent to such sale, transfer, assignment, lease,
hypothecation, trust or change in control, the city council may impose such additional terms
and conditions upon the franchise and upon the grantee or assignee which the director rec-
ommends or the city council deems to be in the public interest. Such additional terms and
conditions shall be expressed by ordinance. Nothing contained in this section shall be con-
strued to grant to the franchisee the right to sell, transfer, assign, lease, hypothecate, place in
trust or change control of the franchise or any part thereof, except in the manner described in
this section. This section applies to any assignment, whether by operation of law, by voluntary
act of the franchisee, or otherwise.
(e) Shareholders and/or partners of the franchisee may transfer, sell, exchange, assign or
divest themselves of any interest they may have therein. However, if any such sale, transfer,
exchange, assignment, divestment or other change is effected in such a way as to give control
of or 25 percent or more interest in the franchisee to any persons, corporation, partnership or
legal entity other than the controlling interest therein on the effective date of the franchise or
the effective date of the last assignment, sale, transfer, or other action which required the city
council's or director's consent, consent thereof shall be required.
(f) Consent to any such transfer shall only be refused if the director finds that the fran-
chisee is in noncompliance with terms and conditions of the franchise and/or that the trans-
CD13:111
§ 13.12.540 DIAMOND BAR CODE
feree is lacking in experience and/or financial ability to operate the cable television system
authorized by the franchise.
(g) The transferor's (assignor's) application shall include:
(1) Identification and ownership of transferee. In its application for consent, transferor
shall identify the transferee and its ownership in the same detail as if the transferee
were an applicant for an initial grant.
(2) A copy of the complaint record as identified in subsection 13.12.1390(d).
(3) Financial statements. Current financial statements showing the financial condition
of the franchise as of the date of the application. The transferor shall also agree to
submit financial statements showing the condition of franchise as of the closing. Such
financial statements shall have been audited and certified by an independent certified
public accountant, and shall be submitted within 90 days of the closing.
(4) The submittal of a final accounting and report of franchise fees set forth in division
3 of this chapter within 30 days of the effective date of approval of transfer/assign-
ment of the franchise, or of the date of close of the transfer/assignment. The transferee
shall be responsible for any underpayment, and shall be entitled to a credit for any
overpayment.
(h) The transferee's (assignee's) application shall include:
(1) A specific and complete response to the criteria set forth in section 13.12.330 in as
complete a form as if the transferee were applying for an initial franchise.
(2) Current financial statements of the proposed transferee and other such information
and data, including, but not limited to, sources of capital, as will demonstrate con-
clusively that the transferee has all the financial resources necessary to acquire the
cable television system, carry out all of the terms and conditions of the franchise,
remedy any and all defaults and violations of the provisions of this division and of the
ordinance granting the franchise in the transferor's past and present operations,
make such other improvements and additions as may be required or proposed in the
services and facilities, including, but not limited to, upgrading, rebuilds, and exten-
sions of facilities and equipment.
(3) A statement of any changes in rates and charges which the transferee proposes to
make during the first three years following approval of the transfer or assignment.
(4) An express and unconditional written acceptance of the terms and conditions of the
existing franchise, and the franchise, as modified, as a condition to the transfer,
accompanied by such guarantees as meet the requirements of subsections 13.12.130(b)
and (c).
CD13:112
UTILITIES § 13.12.570
(5) A summary of the plans and commitments of the transferee to remedy the specific
defaults and violations, if any, in the operations of the cable operator (transferor)
under the existing franchise.
(Ord. No. 14(1989), § 2(16.60.170), 6-27-89)
Sec. 13.12.550. Overlapping franchise areas held by one franchisee.
If a franchisee acquires an additional franchise which results in the overlapping in whole
or in part of any franchise service areas, the director shall determine which of the two fran-
chises shall prevail as to the overlapping areas, and the franchise service area granted in the
nonprevailing franchise shall be reduced by ordinance to delete the overlapping areas.
(Ord. No. 14(1989), § 2(16.60.175), 6-27-89)
Sec. 13.12.560. Franchise fee; report requirements.
(a) The franchisee, during the term of the franchise, within 60 days after the expiration
of each calendar year, shall file with the county auditor -controller and the department, one
copy to each, of a report verified by the oath of the franchisee, or by the oath of a duly
authorized representative of the franchisee, setting forth in detail the computation of the
amount of the franchise payment due for the immediately preceding calendar year. For each
physically separate transmission and distribution system, any portion of which is located
within the franchise area, the report shall contain:
(1) A detailed profit and loss statement showing all gross receipts and expenses derived
from the franchisee's franchise operations during the reporting period.
(2) The total number of service connections in operation as of the last day of the calendar
year.
(b) The franchisee shall also provide, on request, such additional data as is reasonably
necessary in the opinion of the county auditor -controller to calculate or verify the calculation
of the annual payment required by section 13.12.810.
(Ord. No. 14(1989), § 2(16.60.180), 6-27-89)
Sec. 13.12.570. Reports to director or department.
The franchisee shall file with director or department, as applicable, the following reports:
(1) An annual cable report, including, but not limited to, an annual status report, and a
construction report, if applicable, in a form prepared by the director, to the depart-
ment on or before January 31 of each year, or as determined by the department. The
franchisee shall include a copy of the most recent annual equal employment oppor-
tunity report filed pursuant to section 634 of the Cable Act.
(2) Other reports, documents, data and annual proof of performance as deemed necessary
by director for the administration and review of the franchisee's performance under
the terms and conditions of the franchise.
CD13:113
§ 13.12.570 DIAMOND BAR CODE
(3) Within 60 days of the effective date of the ordinance granting the franchise, the
franchisee shall begin submittal to the department of a monthly construction activity
report reflecting the construction status for the preceding month. The report shall
include the status of permits, number of miles constructed, number of homes passed,
any conditions which may affect the construction schedule, and any other information
required by the director. Unless otherwise instructed by the director, such monthly
reports will be required until the completion of construction activities.
(4) After the completion of initial construction, at such times as construction or recon-
struction activities are undertaken during the term of the franchise, the franchisee
shall be required to submit quarterly construction reports containing the information
required in subsection (3) of this section.
(Ord. No. 14(1989), § 2(16.60.182), 6-27-89)
Sec. 13.12.580. Reports to director of public works.
The franchisee, during the term of the franchise, within 60 days after the expiration of
each calendar year, shall:
(1) File a report with the director of public works, which shall contain a street and
highway map of any convenient scale on which shall be plotted the location of the
headend facilities and the entire transmission and distribution system covered by the
report as of the last day of the franchise payment period, with all that part of the
system located in county highways indicated by distinctive coloration or symbols. The
submission of this map for general reference purposes shall not relieve franchisee of
the obligation to file with the director of public works the more detailed map required
by section 13.08.130, as incorporated by reference in this section. The franchisee shall
also provide on request such additional data as is reasonably necessary in the opinion
of the county auditor -controller to calculate or verify the calculation of the annual
payment required by section 13.12.820.
(2) File with the director of public works a report in duplicate showing:
a. The permit number of each permit obtained for the doing of any work under the
franchise for which a permit is required during the immediately preceding fran-
chise report period; and
b. The lineal length of lines and cables installed pursuant to each permit during the
immediately preceding franchise report period.
(Ord. No. 14(1989), § 2(16.60.185), 6-27-89)
Sec. 13.12.590. Liability and indemnification.
(a) The franchisee shall indemnify and hold the city harmless from and against any and
all loss, damages, liability, claims, suits, costs and expenses, including reasonable attorneys'
fees, regardless of the merit or outcome of any such claim or suit, claimed or arising from any
negligent or intentional act or omission of the franchisee, its officers, employees, agents or
subcontractors, arising from activities or work conducted pursuant to the franchise.
CD13:114
UTILITIES § 13.12.630
(b) The franchisee shall indemnify, defend and save harmless the city, its officers, agents
and employees, from and against any and all claims and losses whatsoever, including reason-
able attorneys' fees, accruing or resulting to any and all persons furnishing or supplying work,
services, materials, equipment or supplies in connection with activities or work conducted or
performed pursuant to the franchise and arising out of such activities or work, and from any
and all claims and losses whatsoever, including reasonable attorneys' fees, accruing or re-
sulting to any person for damage, injury or death arising out of the franchisee's franchise
operations.
(Ord. No. 14(1989), § 2(16.60.190), 6-27-89)
Sec. 13.12.600. Additional terms and conditions.
In addition to the provisions of section 13.12.540, any time a franchisee applies for a
change in territory, service area, or bonding, the city council may impose such additional
terms and conditions upon the franchisee and upon the grantee or assignee which the city
council may deem to be in the public interest. Such additional terms and conditions shall be
expressed by ordinance.
(Ord. No. 14(1989), § 2(16.60.200), 6-27-89)
Sec. 13.12.610. Permit required for certain work.
Notwithstanding the granting of a franchise, the franchisee shall not be authorized to do
any work under the franchise for which the issuance of a permit is required unless such a
permit is issued for such work. Additional bonding, certificates of deposit, evidences of insur-
ance or other documentation may be required by other city departments prior to the issuance
of such permits. The franchisee shall not have an absolute right to the issuance of such a
permit.
(Ord. No. 14(1989), § 2(16.60.210), 6-27-89)
Sec. 13.12.620. Area under franchise; rights of franchise.
Unless the ordinance granting the franchise provides otherwise, the franchise shall au-
thorize the exercise of the rights and privileges granted by the franchise in the service areas,
highways, public properties and public easements as may be described in the ordinance granting
the franchise and such additional service areas, highways, public properties and public ease-
ments as may from time to time be approved by the city council.
(Ord. No. 14(1989), § 2(16.60.220), 6-27.89)
Sec. 13.12.630. Purchase of franchise property by city.
(a) The city, or its successor in authority, upon termination or forfeiture of the franchise,
or at any time during the term of the franchise and, after five years from the effective date of
the ordinance granting the franchise, shall have the option to purchase all or part of the
franchise property, upon making reasonable compensation therefor. The city's right to pur-
chase the franchise property under this chapter shall not be construed as a waiver of any other
rights the city may have. If the city elects to purchase the franchise property in accordance
CD13.115
§ 13.12.630 DIAMOND BAR CODE
herewith, the compensation shall be computed as provided in Code of Civil Procedure § 1263.310
et seq.; provided further that such purchase shall be at an equitable price, which shall not
include compensation for loss of good will or any valuation of the franchise itself or of any of
the rights or privileges granted by the franchise. Other terms and conditions of the sale shall
be mutually agreed upon by the parties.
(b) Notwithstanding the provisions of subsection (a) of this section, in the case of any
franchise granted after December 29, 1984, if a renewal of such franchise is denied, any
acquisition of the cable system by the city shall be at fair market value, determined on the
basis of the cable system valued as a going concern but with no value allocated to the franchise
itself.
(c) If the franchise is revoked and terminated and the city elects not to purchase the
franchise property hereunder, the franchisee agrees to waive all claims for damages or com-
pensation which it may have against the city as a result of such revocation and termination;
provided, however, that the franchisee does not hereby waive its rights to a judicial determi-
nation of the validity of such revocation and termination.
(Ord. No. 14(1989), § 2(16.60.230), 6-27-89)
Sec. 13.12.640. Fair employment practices; statutory provisions incorporated by ref-
erence.
The franchisee shall not make any discrimination, distinction or restriction on account of
color, race, religion, sex, ancestry or national origin contrary to the provisions of Civil Code §
51, which is incorporated in this section by reference. All applicable provisions of Government
Code §§ 12900-12996 (California Fair Employment and Housing Act) are hereby incorporated
in this section by reference. The franchisee further agrees to comply with applicable antidis-
crimination provisions of section 634 of the Cable Act.
(Ord. No. 14(1989), § 2(16.60.240), 6-27-89)
Sec. 13.12.650. Access to trenches.
(a) In cases of new construction or property development where utilities are to be placed
underground, the franchisee shall, if practical, install underground cable at the same time and
in the same trenches as the public improvements (e.g., communications, electric, gas, water)
are installed.
(b) If the franchisee is notified of the date the trenches are available and fails to install its
conduit and/or cable within five working days of the date the trenches are available, and the
trenches are thereafter closed after the five-day period, the cost of new trenching is to be borne
by the franchisee.
(c) The requirements of subsections (a) and (b) of this section shall not apply unless the
property owner offers the franchisee the same terms with respect to availability and cost of
trenching for undergrounding as are offered to other trench users, if any.
CD13:116
UTILITIES § 13.12.690
(d) If a subdivider, property developer or an entity owned by, associated with or under the
control of a subdivider or developer has a franchise to provide cable services to an area
including its property developments, the franchisee shall be required to make access to the
utility trenches in the developments available to all franchisees authorized to provide cable
services to an area including the developments. Access shall he provided at the same terms
with respect to availability and cost of trenching for undergrounding as is provided to other
trench users, if any.
(Ord. No. 14(1989), § 2(16.60.250), 6-27-89)
Sec. 13.12.660. Nonenforcement not a waiver.
The franchisee shall not be excused from complying with any of the requirements of the
ordinance by any failure of the city on any one or more occasions to insist upon or seek
compliance with any such terms or conditions.
(Ord. No. 14(1989), § 2(16.60.260), 6.27.89)
Sec. 13.12.670. Modification and extension of term of franchise.
At any time during the initial franchise term, but no later than 36 months prior to the
expiration of the initial franchise term, the city and the franchisee may agree to renegotiate
all or any part of the franchise. The franchisee shall submit a copy of the complaint record as
identified in section 13.12.1390(d). As a result of such negotiation, the city council may grant
by ordinance an extension of the franchise term for a period of up to 15 years, subject to the
franchisee's agreement to comply fully with the franchise and all amendments or other mod-
ifications to the franchise as may be agreed upon by the parties. The provisions of division 6
of this chapter shall not apply to this section.
(Ord. No. 14(1989), § 2(16.60.270), 6-27-89)
Sec. 13.12.680. Illegal tapping.
It shall be unlawful for any person to make or use any unauthorized connection, whether
physically, acoustically, inductively or otherwise, with any part of a cable television system for
which a franchise has been issued, for the purpose of taking or receiving or enabling himself
or others to receive or use any television signals, radio signals, picture, program or sound,
without payment to the owner of the system.
(Ord. No. 14(1989), § 2(16.60.280), 6-27-89)
Sec. 13.12.690. Tampering.
It shall be unlawful for any person, without the consent of the owner, to wilfully tamper
with, remove, injure or vandalize any part of such a cable television system including any
cables, wires or equipment used for distribution of television signals, radio signals, pictures,
programs or sound.
(Ord. No. 14(1989), § 2(16.60.290), 6-27-89)
CD13:117
§ 13.12.700 DIAMOND BAR CODE
Sec. 13.12.700. Enforcement against illegal tapping or tampering.
Enforcement of sections 13.12.680 and 13.12.690 shall be according to appropriate federal,
state or local law.
(Ord. No. 14(1989), § 2(16.60.295), 6-27-89)
Sec. 13.12.710. Severability.
If any provision of the franchise or the application of the franchise to any person or
circumstance is held invalid by a court of competent jurisdiction or is not in compliance with
any requirement of the Public Utilities Commission of the state, the Federal Communications
Commission, or any other federal or state body or agency having jurisdiction over the fran-
chisee's franchise activities, the remainder of the franchise, or the application of the franchise
to persons or circumstances other than those to which it is held invalid or not in such com-
pliance, shall not be affected thereby.
(Ord. No. 14(1989), § 2(16.60.300), 6-27-89)
Secs. 13.12.720-13.12.800. Reserved.
DIVISION 3. COMPENSATION TO CITY
Sec. 13.12.810. Franchise fee payments to city.
(a) As consideration for the franchise granted, the franchisee shall pay to the city in
lawful money of the United States, during the life of the franchise, for each and every year,
including the year of granting the franchise, according to the "franchise payment period" as
defined in section 13.12.020, five percent of its gross revenues derived from the authorized
franchise service areas, that are received by the franchisee pursuant to the definition of tiers
of service as set out in section 13.12.020.
(b) The franchise fee shall be computed as follows:
(1) The franchisee shall pay a minimum monthly fee as provided in the ordinance granting
the franchise; and
(2) Annually the franchisee shall pay the percentage fee of five percent of its gross
revenues less the total minimum monthly fees paid during the franchise payment
period.
(c) The franchisee shall make the monthly fee required in this section payable on the first
day of each month during the life of the franchise. The franchisee shall make the annual
percentage payment concurrently with the filing of the reports required by section 13.12.560.
(d) The franchise fee payments shall be distributed by the city as follows:
(1) Three percent of the gross revenues to the city; and
(2) Two percent of the gross revenues shall be placed in an interest-bearing trust fund
account as approved by the auditor -controller.
CD13:118
UTILITIES § 13.12.840
(e) Commencing January 1 after the first full calendar year of operational service to
subscribers, the amount of the minimum monthly fee shall be subject to an annual readjust-
ment on each January 1 for the remainder of the term of the franchise. The franchisee shall
recalculate the monthly fee amount to provide that the monthly fee amount shall be in an
amount no less than 90 percent of the total franchise fee payment due to the city for the
preceding calendar year, such 90 -percent amount to be prorated by 12 to determine the monthly
fee amount to be paid during the current year.
(f) The franchisee and the director may mutually agree to modify the method or amount
of minimum monthly fee payments. Any such modification shall consider the annual franchise
period as being based on a calendar year.
(g) Any overpayment of franchise fees paid during the previous annual payment period
shall be credited to future franchise fees in succeeding franchise fee payment years, and shall
be deducted from the monthly fee amounts or annual percentage amounts as required by the
ordinance granting the franchise. At such time as overpayment has been made, the franchisee
shall notify the auditor -controller of the franchisee's intention to deduct any overpayments
from the current monthly fee amounts due and indicate the scheduling of any such deductions.
(h) In addition to the foregoing provisions of this section, the city reserves the right to
change its fees if, after a public hearing, it determines good cause is found and such action is
not in conflict with federal laws, FCC rules and regulations or the laws of the state.
(Ord. No. 14(1989), § 2(16.64.010), 6-27-89)
Sec. 13.12.820. Initial construction charges.
In addition to the franchise fee payments of section 13.12.810, the franchisee shall pay the
department of public works, within 60 days after the end of each calendar year, during the life
of the franchise, an initial construction charge for all new construction during the calendar
year, calculated at a rate of $100.00 per mile or fraction thereof for all lines and cables laid
during the preceding franchise payment period within the authorized franchise service area.
(Ord. No. 14(1989), § 2(16.64.020), 6-27-89)
Sec. 13.12.830. Incorrect payments.
If any amount paid is incorrect in the judgment of the auditor -controller, it may order the
payment of such additional sum as it may find thereunder.
(Ord. No. 14(1989), § 2(16.64.030), 6-27-89)
Sec. 13.12.840. Additional charge for late payment.
If the franchisee fails to make any payments for the franchise on or before the dates due
as provided in this division, the franchisee shall pay as additional consideration the following
amount: a sum of money equal to ten percent of the amount due. For each period of late
payment of any fee extending beyond 30 days of the due date, in addition to the ten percent late
payment charge, an assessment of interest shall accrue at one percent per month. The added
charges for late payment shall be added to and be due and payable with the next succeeding
CD13:119
§ 13.12.840 DIAMOND BAR CODE
payment. The city shall not be obligated to notify the franchisee of the accumulation of late
payment charges.
(Ord. No. 14(1989), § 2(16.64.050), 6.27-89)
Sec. 13.12.850. Recordkeeping requirements; examination authorized.
(a) The franchisee shall keep and preserve, for a period of five years after the date of each
franchise payment period, all records necessary to determine the amount of such franchise fees
or other payments due under sections 13.12.810 and 13.12.820. The franchisee, upon demand
by the city, shall make such records available for inspection and audit by the city or its
authorized representative, within the city.
(b) At all reasonable times, the franchisee shall permit the city, or its duly authorized
representative, to examine all property of the franchisee erected, constructed, laid, operated or
maintained pursuant to the franchise, together with any appurtenant property of the fran-
chisee, and to examine, audit, and transcribe any and all books, accounts, papers, maps and
other records kept or maintained by the franchisee or under- its control which relate to the
operations, affairs, transactions, property or financial condition of the franchisee with respect
to the franchise.
(Ord. No. 14(1989), § 2(16.64.060), 6-27-89)
Sec. 13.12.860. Charge for underreported gross revenues.
If the report of gross revenues made by the franchisee should be found to be less than the
amount of gross revenues disclosed by audit and observation, the franchisee shall pay the
delinquent amount and all charges required by section 13.12.840 within 30 days of billing
thereof. If the additional franchise fee amount due to the city exceeds two percent of the total
amount which should have been paid as determined by such review or audit, and there is no
reasonable basis for the failure to report or pay thereon, the franchisee shall pay the cost of the
audit.
(Ord. No. 14(1989), § 2(16.64.070), 6-27-89)
Sec. 13.12.870. Independent audit at the franchisee's cost.
The city reserves the right for cause to require the franchisee to obtain, at the franchisee's
cost, an independent audit by a certified public accountant on an annual basis, or as otherwise
required by the director. The certified public accountant shall be required to certify in the
audit that the franchisee is in compliance with the ordinance granting the franchise. This
right shall be in addition to the city's right to conduct audits.
(Ord. No. 14(1989), § 2(16.64.080), 6-27-89)
Secs. 13.12.880-13.12.1000. Reserved.
CD 13:120
UTILITIES § 13.12.1020
DIVISION 4. CONSTRUCTION OF FACILITIES
Sec. 13.12.1010. General requirements.
(a) The cable television system and all franchise property and appurtenances shall be
constructed and maintained in a good workmanlike manner, in conformity with the terms and
conditions of the highway permit ordinance, as set forth in division 2 of chapter 12.04 or any
other ordinance, rule or regulation now, or as hereafter amended, adopted or prescribed by the
city, as may be applicable. All work involved in the construction, operation, maintenance,
repair and removal of the system shall be performed with due diligence and using first class
materials. The franchisee shall at all times comply with all current applicable laws including,
but not limited to, the following: National Electrical Safety Code (National Bureau of Stan-
dards); California Public Utilities Commission General Order 95 and General Order 128;
electrical code; county technical standards; Standards of Good Engineering Practices for Mea-
surements on Cable Television Systems (National Cable Television Association), and FCC
standards. In addition, the franchisee shall meet the standards submitted by the franchisee,
which shall be included in the ordinance granting the franchise. If, at any time, it is deter-
mined by the city or any other agency or authority of competent jurisdiction that any part of
the system, including, without limitation, any means used to distribute signals over or within
the system, is harmful to the health or safety of any person, then the franchisee shall, at its
own cost and expense, promptly correct all such conditions.
(b) The franchisee shall not construct or install any poles, conduits or other cable televi-
sion system facilities on city highways until the franchisee has secured the necessary permits
from the road commissioner pursuant to division 2 of chapter 12.04.
(c) The franchisee shall provide for at least a 40 -channel minimum capability, with return
capability on as many channels as possible based on the configuration of the cable system, but
with the requirement of a minimum of return capability on four channels.
(Ord. No. 14(1989), § 2(16.66.010), 6-27-89)
Sec. 13.12.1020. New installations or replacements.
(a) New installations or replacements of franchise property and appurtenances and all
other facilities necessary for the installation, operation, maintenance and safety of the cable
television system shall be laid and maintained only pursuant to permit issued by the depart-
ment of public works. All such installations or replacements shall be reviewed by the director
of public works as to the most desirable location in the roads, highways or public easements
of the city, and his decision shall be final and binding on the franchisee.
(b) The provisions of division 2 of chapter 12.04 shall apply to all work performed in city
rights-of-way and city easements in connection with the franchise. All transmission and dis-
tribution lines and cables within city rights-of-way and city easements shall be laid and
installed underground except where the franchisee produces written evidence of permission to
utilize existing pole systems, or where the director of public works finds that the remoteness
of the area or other conditions justify exceptions to the rule. The franchisee shall have the
CD13:121
§ 13.12.1020 DIAMOND BAR CODE
right to appeal to the city council from rulings of the director of public works denying permits
for overhead installations in outlying areas.
(Ord. No. 14(1989), § 2(16.66.020), 6.27-89)
Sec. 13.12.1030. Highway work; terms and conditions.
The work of constructing, laying, replacing, maintaining, repairing, abandoning or re-
moving all franchise property and appurtenances authorized under the provisions of this
chapter in, over, under, along or across any highway shall be done to the satisfaction of the
road commissioner at the expense of the franchisee, and in accordance with the terms and
conditions of division 2 of chapter 12.04.
(Ord. No. 14(1989), § 2(16.66.030), 6-27-89)
Sec. 13.12.1040. Plan of service area; reports and maps.
Within 60 days from the effective date of the ordinance granting the franchise, the fran-
chisee shall submit to the director a plan for designated service within the authorized service
area of the franchise indicating the date on which the franchisee expects the installation of the
system will be completed and available for service to subscribers in the various parts of such
area. The plan shall include a map which details the phases, if any, of construction. The
franchisee shall furnish the director with monthly progress reports as required in subsection _
13.12.570(c). Thereafter, the franchisee shall furnish maps indicating in detail the location of
the existing construction, and planned construction, if any, within 30 days of request by the
director.
(Ord. No. 14(1989), § 2(16.66.040), 6-27-89)
Sec. 13.12.1050. Relocation of franchise property and appurtenances.
(a) The city reserves the right to change the grade, to change the width or to alter or
change the location of any highway over which the franchise is granted. If any of the franchise
property or appurtenances constructed, installed or maintained by the franchisee pursuant to
the franchise on, along, under, over, in, upon or across any highway are located in a manner
which prevents or interferes with the change of grade, traffic needs, operation, maintenance,
improvement, repair, construction, reconstruction, widening, alteration or relocation of the
highway, or any work or improvement upon the highway, the franchisee shall relocate per-
manently or temporarily any such franchise property or appurtenances at no expense to the
city or other public entity upon receipt of a written request from the road commissioner to do
so, and shall commence such work on or before the date specified in such written request,
which date shall be not less than 30 days from receipt of such written request. The franchisee
shall thereafter diligently prosecute such work to completion; should franchisee neglect or fail
to relocate its facilities in a timely manner after the receipt of any such notice, the franchisee
shall be responsible for and shall reimburse the city for any and all additional costs or ex-
penses incurred by the city due to or resulting from such delay in relocation of facilities;
provided, however, that if such highway be subsequently constituted as a state highway,
CD13:122
UTILITIES § 13.12.1060
thereafter and so long as such highway remains a state highway, no such change of location
shall be required for a temporary purpose.
(b) The city reserves the right for itself and other public entities which are now or may
later be established, to lay, construct, repair, alter, relocate and maintain subsurface or other
facilities or improvements of any type or description in a governmental but not proprietary
capacity within the highways over which the franchise is granted. If the city or other public
entity finds that the location or relocation of such facilities or improvements conflicts with the
franchise property or appurtenances laid, constructed or maintained under the franchise,
whether such franchise property was laid, constructed or maintained before or after the facil-
ities of the city or other public entity were laid, the franchisee of such franchise shall at no
expense to the city or public entity, on or before the date specified in a written request from
the road commissioner, which date shall not be less than 30 days after the receipt of such
notice and request to do so, commence work to change the location either permanently or
temporarily of all franchise property and appurtenances so conflicting with such improve-
ments to a permanent or temporary location in such highways, to be approved by the road
commissioner; and thereafter diligently prosecute such work to completion. Should the fran-
chisee neglect or fail to relocate its facilities in a timely manner after receipt of any such
notice, the franchisee shall be responsible for and shall reimburse the city or other public
entity for any and all additional costs or expenses incurred by the city or other public entity
due to or resulting from such delay in relocation of facilities. If such highway be subsequently
constituted a state highway, while it remains a state highway the rights of the state shall be
as provided in Streets and Highways Code § 680.
(Ord. No. 14(1989), § 2(16.66.060), 6-27-89)
Sec. 13.12.1060. Removal or abandonment of facilities.
(a) At the expiration, revocation or termination of the franchise or of the permanent
discontinuance of the use of all or a portion of its franchise property, the franchisee shall,
within 30 days thereafter, make written application to the road commissioner for authority
either to abandon all or a portion of such franchise property in place; or to remove all or a
portion of such franchise property. Such application shall describe the franchise property
desired to be abandoned and its location with reference to county highways, and shall describe
with reasonable accuracy the physical condition of such franchise property. The road commis-
sioner shall determine whether any abandonment or removal which is thereby proposed may
be effected without detriment to the public interest and under what conditions such proposed
abandonment or removal may be effected. He shall then notify the franchisee of his determi-
nations.
(b) Within 30 days after receipt of such notice, the franchisee shall apply for a permit from
the department of public works to abandon or remove franchise property.
(c) The franchisee shall, within 60 days after obtaining such permit, commence and dil-
igently prosecute to completion the work authorized by the permit.
(Ord. No. 14(1989), § 2(16.66.070), 6-27-89)
CD13:123
§ 13.12.1070 DIAMOND BAR CODE
Sec. 13.12.1070. Failure to remove facilities; city may perform work; costs.
(a) If any facilities to be abandoned in place subject to prescribed conditions shall not be
abandoned in accordance with all such conditions, the road commissioner may make addi-
tional appropriate orders, including an order that the franchisee shall remove any or all such
facilities. The franchisee shall comply with such additional orders.
(b) If the franchisee fails to comply with the terms and conditions of abandonment or
removal as may be required by this division, and within such time as may be prescribed by the
road commissioner, then the city may remove, or cause to be removed, such facilities at the
franchisee's expense. The franchisee shall pay to the city the cost of such work plus the current
rate of overhead being charged by the city for reimbursable work.
(c) If at the expiration, revocation or termination of the franchise, or of the permanent
discontinuance of the use of all or a portion of its franchise property, the franchisee, within 30
days thereafter, fails or refuses to make written application for the abovementioned authority,
the road commissioner shall make the determination as to whether the franchise property
shall be abandoned in place or removed. The road commissioner shall then notify the fran-
chisee of his determinations. The franchisee shall thereafter comply with the provisions of
subsections 13.12.1060(b) and (c).
(Ord. No. 14(1989), § 2(16.66.080), 6-27-89)
Secs. 13.12.1080-13.12.1200. Reserved.
DIVISION 5. SERVICE, RATES AND CONSUMER PROTECTION -
Sec. 13.12.1210. Establishment and furnishing of service; procedures and costs.
(a) The franchisee shall, within one year after acceptance of franchise, obtain all neces-
sary permits, certifications and authorizations as may be required in the conduct of its busi-
ness. The franchisee shall notify the director when all such permits, authorizations and cer-
tifications have been obtained. Should the franchisee be unable to comply with the requirements
of this subsection within the time specified in this section, the franchise granted by this
chapter shall become null and void, and the franchisee shall have no rights thereunder;
provided, however, that the city may, for good cause shown by the franchisee, grant extensions
of time to comply with this requirement.
(b) Within 90 days after obtaining the necessary permits, certifications and authoriza-
tions, the franchisee shall commence construction and installation of the cable television
system. The franchisee shall notify the director, in writing, within ten days thereof of the date
of commencement of construction and installation work.
(c) The franchisee shall extend and complete the cable television system throughout the
designated service area with reasonable diligence. Within two years after complying with the
requirements of subsection (a) of this section, the franchisee shall be capable of providing basic
*Cross reference—Revenue and finance, tit. 3.
CD13:124
UTILITIES § 13.12.12 10
service to every residence within the franchise service area notwithstanding the provisions of
subsection (d) of this section; provided, however, that the director may, for good cause shown
by the franchisee, grant extensions of time to comply with this requirement.
(d) Upon a reasonable request for basic service to any residence within the franchisee's
service area, the franchisee shall promptly furnish the requested service to such residence;
service shall be provided to a residence passed by franchisee's cable plant within 30 days of
request for service. Notwithstanding the above, if the franchisee can show that permits or
other authorizations must be obtained or that the provision of such service is impractical,
technically unfeasible, economically noncompensatory or will impose an undue hardship, the
director may waive or defer the franchisee's obligation to provide service to such residence.
(e) For purposes of determining compliance with the provisions of this section, and to
provide for a reasonable and nondiscriminatory policy governing provision of cable service to
franchise service areas within the city, the franchisee shall provide service to new subscribers
at the normal installation charge and monthly rate for customers of that classification under
the following terms and conditions:
(1) Where the new subscriber, or nearest subscriber of a group of new subscribers, is
located within 100 feet of existing aerial or underground trunk or distribution feeder
cable; and
(2) Where the number of homes to be passed by such new extension cable plant bears the
same or proportional ratio to the total amount of new cable plant as the average
number of homes passed per mile of existing cable plant; or in the alternative, the
ordinance granting the franchise may specify the number of homes to be passed per
mile, for aerial and underground construction, which shall require mandatory provi-
sion of service.
(f) If the requirements of subsection (e) of this section are not met, the franchisee shall
provide service to new subscribers at the -normal monthly rate for customers of that classifi-
cation and the installation cost per subscriber shall be determined as follows:
(1) Within ten days of request from a potential subscriber, the franchisee shall provide a
written cost estimate to potential subscribers whose residence or commercial place of
business is located in excess of 100 feet from the closest trunk or feeder cable. This
estimate is to indicate the franchisee's cost for labor and material plus ten percent for
overhead costs for excessive footage from energized trunk source and/or concealed
wiring and/or nonstandard underground drops. In addition, the estimate may include
the costs of use of utility poles for aerial cable, if applicable.
CD13:125
§ 13.12.1210 DIAMOND BAR CODE
(2) If there are less than the average number of homes per mile to be passed by cable than
are at present in the total plant, cable service will be supplied at a cost based on the
following formula for both aerial and underground construction:
a. *Cost per mile to construct based on average = Franchisee's average
homes per mile in plant for overhead or under- cost
ground as may be applicable
b. Cost per mile to construct to subscribers re- = Cost per subscriber
questing service
c. Cost per subscriber less franchisee's average cost = Subscriber's share
*The expression cost per mile to construct" means the turnkey price as supplied by
the cable manufacturer of the newest version of their equipment presently being
used by the franchisee in the system. Such cost to construct will include the house
drops.
(g) The franchisee shall not be responsible for providing service in those areas meeting
the density requirements in this section or in the ordinance granting the franchise if the
franchisee is precluded by the property owner, instrument of record, or contract from providing
cable services or constructing and installing facilities and equipment.
(Ord. No. 14(1989), § 2(16.68.010), 6-27-89)
Sec. 13.12.1220. Notices of construction or reconstruction.
(a) Prior to the commencement of and during construction or reconstruction of the system,
the franchisee shall be required to notify all residents and property owners, at the franchisee's
expense, of the intended construction or reconstruction. All notices shall be personal or in
writing, and shall be issued as follows:
(1) At least 45 days prior to the intended construction or reconstruction, a general notice
indicating the type of construction, projected construction schedule and proposed
construction areas.
(2) The franchisee shall provide notice at least 20 days prior to entering private property
or public ways or public easements adjacent to or on such private property.
a. Should there be aboveground or underground installations, excluding aerial cable
lines utilizing existing poles and existing cable paths, which will affect the prop-
erty, such notice shall be in writing and shall contain specific information re-
garding any aboveground or underground installations, excluding aerial cable
lines utilizing existing poles and existing cable paths, which shall affect the
property.
b. Should the property owner or resident notify the franchisee of his objection to
placement of any such aboveground or underground installations, excluding aerial
cable lines utilizing existing poles and existing cable paths, the franchisee shall
CD13:126
UTILITIES § 13.12.1260
make a good faith effort to comply with the property owner/resident's prefer-
ences, if any, on location of placement of the appurtenances, consistent with
sound engineering practices.
(3) The franchisee shall provide notice three days in advance of entering private property
or public ways or public easements adjacent to or on such private property.
(b) In addition to any other notice of proposed entry required under this chapter, the
franchisee's personnel shall make a reasonable attempt to give personal notice to resident
immediately preceding entry on private property or public ways or public easements adjacent
to or on such private property.
(Ord. No. 14(1989), § 2(16.68.015), 6-27-89)
Sec. 13.12.1230. Identification required.
The franchisee, its employees, agents, contractors and subcontractors shall be properly
identified prior to and during entry on private and public property. Identification shall include
the name and telephone number of the franchisee on all trucks and vehicles used by instal-
lation personnel.
(Ord. No. 14(1989), § 2(16.68.017), 6-27-89)
Sec. 13.12.1240. Restoration of private and public property.
After performance of any work, the franchisee shall restore the private and public prop-
erty as nearly as possible to its condition prior to construction. Any disturbance of landscaping,
fencing or other improvements upon private or public property shall, at the sole expense of the
franchisee, be promptly repaired or restored, including replacement of such valuables as
shrubbery and fencing, to the reasonable satisfaction of the property owner.
(Ord. No. 14(1989), § 2(16.68.018), 6-27-89)
Sec. 13.12.1250. Service to public facilities.
The franchisee shall, upon written request from the city, provide and maintain, at no cost
to city, at least one cable television drop and free basic service to each city facility, whether an
owned or a leased facility, law enforcement facility, fire station, public school or other public
facility located within the authorized franchise service area.
(Ord. No. 14(1989), § 2(16.68.020), 6-27-89)
Sec. 13.12.1260. Service to private nonprofit schools.
(a) The franchisee shall provide and maintain, at no cost to the city or school, at least one
cable television drop and free basic service to each private, nonprofit school site within the
authorized franchise service area.
(b) As used in this section, the expression "private, nonprofit schools" means schools that
satisfy the requirements of Education Code § 12154, and which are exempt from taxation
under Revenue and Taxation Code § 214.
(Ord. No. 14(1989), § 2(16.68.030), 6-27-89)
CD13:127
§ 13.12.1270* DIAMOND BAR CODE
Sec. 13.12.1270. Emergency override.
A franchisee shall incorporate into its cable television system the capability to permit the
city in times of emergency to override the audio portion of all channels simultaneously. In
addition, if feasible, the franchisee may be required to designate a channel, which may be a
PEG channel, to be used for emergency broadcasts of both audio and video. The franchisee
shall cooperate with the city in the use and operation of the emergency alert override system.
(Ord. No. 14(1989), § 2(16.68.035), 6-27-89)
Sec. 13.12.1280. Interconnection with other systems.
(a) The city reserves the right to require the franchisee to interconnect its cable television
system with any other cable television system operating within the city. For good cause shown,
the city may waive or defer this requirement to interconnect, or grant reasonable extensions
of time to comply with this requirement.
(b) For the purpose of this section, the word "interconnection" shall be defined as recep-
tion of or connection to those electronic signals which are delivered to the franchised cable
television system by any foreign source for distribution via the cable television system. Such
electronic signals shall be in a format acceptable within the state-of-the-art technology for
unattended processing into radio frequency energy for retransmission into the cable television
system.
(Ord. No. 14(1989), § 2(16.68.040), 6-27-89)
Sec. 13.12.1290. Signal quality responsibility.
The franchisee shall retain full responsibility for the quality of cable television service to
all recipients of redistributed service i.e., through microwave, master antennae or satellite
redistribution. The franchisee shall be presumed to have retained such responsibility together
with all obligations arising from the franchise, including, but not limited to, charges to the
ultimate recipient for service.
(Ord. No. 14(1989), § 2(16.68.050), 6-27-89)
Sec. 13.12.1300. Compliance with FCC Rules and Regulations.
(a) A franchisee shall at all times comply with the rules and regulations governing com-
munity antenna television system (CATV) operations promulgated by the FCC, specifically,
but not limited to, those set out in part 76 of the FCC Rules and Regulations. This shall
particularly include adherence by the franchisee to FCC Rules and Regulations. This shall
particularly include adherence by the franchisee to FCC rules regarding technical and engi-
neering specifications involved in the construction of the CATV system, and signal carriage
therein.
(b) Any modifications of section 76.31 of the FCC Rules and Regulations resulting from
amendment thereto by the FCC shall, to the extent applicable, be considered as a part of the
franchise as of the effective date of the amendment.
(Ord. No. 14(1989), § 2(16.68.060), 6-27-89)
CD13:128
UTILITIES § 13.12.1320
See. 13.12.1310. Exclusive city use channel.
A franchisee shall dedicate one channel for exclusive use by the city. The franchisee may
utilize the exclusive city use channel until such time as the director provides the franchisee
with 60 days' prior written notification of intention to use the channel; provided, however, that
prior to any such use by franchisee, the franchisee shall give 60 days' prior written notice by
certified mail to the director of such use.
(Ord. No. 14(1989), § 2(16.68.070), 6-27-89)
Sec. 13.12.1320. Public, educational and governmental use (PEG) channels.
(a) in addition to the exclusive city use channel, as provided for in section 13.12.1310, a
franchisee shall dedicate a minimum of six channels for public, educational and governmental
uses. Use of each type of such channels shall be in accordance with city policies and procedures.
The city reserves the right to change, delete or amend such policies and procedures during the
term of the franchise.
(b) If less than six PEG channels are to be activated initially, activation of channels
beyond those required for initial activation shall be according to a formula which shall be
expressed in the ordinance granting the franchise.
(c) Channels activated for public or educational access uses shall contain daily notice of
the name, address and telephone number of the party to contact for information regarding
access uses, and advisement that other channels, if any, are available for PEG uses. The
language of the notices shall be approved by the director, prior to carriage, and the notices
shall be provided on a scheduled basis as determined by the director. In addition, if not all PEG
channels are activated and utilized for PEG uses, the franchisee shall issue periodic written
notice, at least once a year, to subscribers informing them that additional channels are ded-
icated for public, educational and governmental uses and are temporarily being used for other
programming purposes until needed for community and governmental uses. Information shall
also be provided regarding whom to contact regarding PEG uses.
(d) The franchisee may utilize PEG channels dedicated for, but not yet utilized for, PEG
uses, for programming of their choice until such time as utilized for PEG uses; provided,
however, that prior to the franchisee's usb of any such PEG channels, the franchisee give 60
days' written notice by certified mail to the director of such use. The director shall give
franchisee 60 days' prior written notice of intention to use such channels for PEG uses;
provided, further, however, that should the franchisee utilize such channels with program-
ming which provides for local ad -avails, the franchisee shall be required to provide PEG
informational notices as required in subsection (c) of this section on any such channel.
(e) Underutilized PEG channels activated for PEG uses may also be utilized by the fran-
chisee for compatible type programming, subject to rules and procedures established and as
may be modified by the city throughout the term of the franchise.
(0 The franchisee shall not be permitted to use a dedicated PEG channel if other channel
capacity on the system has not been programmed.
CD 13:129
§ 13.12.1320 DIAMOND BAR CODE
(g) The director may, for good cause shown by the franchisee, waive or modify the re-
quirements of this section.
(Ord. No. 14(1989), § 2(16.68.080), 6-27-89)
Sec. 13.12.1330. PEG provisions; not fee or payments in kind.
The franchisee shall agree that the provision of PEG channels, free cable drop and free
basic service, as specified in sections 13.12.1250, 13.12.1260, 13.12.1310 and 13.12.1320, shall
not be considered as within the meaning of the terms "franchise fee" or "payments in kind"
as used in section 622(g) of the Cable Act.
(Ord. No. 14(1989), § 2(16.68.085), 6-27-89)
Sec. 13.12.1340. Return capability for exclusive city use channel and PEG channels.
When required by the director, the franchisee shall provide return capability channels for
use in connection with the exclusive city use channel and/or PEG channels. Such return
capability may be provided on PEG channels.
(Ord. No. 14(1989), § 2(16.68.090), 6.27-89)
Sec. 13.12.1350. Leased access channels.
A franchisee shall provide leased access channels as required pursuant to section 612 of
the Cable Act. Total system capacity shall be calculated inclusive of PEG channels. The
franchisee shall submit information regarding leased access channel rates to the city when
requested. Leased access channel rates shall be available for public inspection.
(Ord. No. 14(1989), § 2(16.68.095), 6.27.89)
Sec. 13.12.1360. Local public broadcasting channel requirements.
To the extent authorized by law, every franchisee shall carry a public broadcast station on
a cable channel within channels 2 through 13, inclusive, or on its current broadcast channel
identification number, or on a cable channel number as otherwise agreed to by the director and
the franchisee. The franchisee may not change the cable channel placement of the public
broadcast station without the director's written approval. This requirement shall apply to all
franchises granted, renewed, assigned or modified after the effective date of County Ordinance
No. 88-0192.
(Ord. No. 14(1989), § 2(16.68.097), 6-27-89)
Sec. 13.12.1370. Standards for service; minimum requirements.
(a) A franchisee shall construct a cable television system with a capability of delivering
not less than 40 video channels with associated audio, with a technical capability for two-way
operational communication with audio -video return on a minimum of four channels, to resi.
dential subscribers. The director may, for good cause shown by the franchisee, waive or modify
the requirements of this subsection.
CD13:130
UTILITIES § 13.12.1370
(b) The city may require the franchisee to deliver to subscriber terminals those television
broadcasts and cablecast signals which are now or hereafter authorized for carriage by the
FCC. The signals produced by the system shall be of high quality throughout the system with
no difference perceptible to viewers whether in close proximity to the headend or at the
furthest extension of the trunk line.
(c) The franchisee shall distribute in color those television signals which it receives in
color. The system, as installed, shall be capable of passing standard black and white and color
video channels with associated audio signals without material degradation and with no phase
shift and no effect on color fidelity and intelligence.
(d) A franchisee shall render such service to subscriber as will meet technical and per-
formance requirements of the franchise. At a minimum, the franchisee shall provide the broad
categories of services and mix, quality, and level of programming represented to the city in the
application and made a part of the franchise agreement by attached exhibit. As an aid to the
city in monitoring signal strength and quality, a franchisee shall provide the city with copies
of all FCC signal performance reports. Should the FCC no longer require signal performance
reports, the franchisee shall make and submit such performance tests and reports in response
to written request by the city. Any time the signal does not meet FCC standards or the
standards of the franchisee's application as incorporated in the ordinance granting the fran-
chise, the franchisee shall make a pro rata rebate, in money or in services, to each subscriber
based upon the percentage by which the signal falls below standard and upon the length of
time that such condition has existed. Such rebate shall be made to the satisfaction of each
subscriber, or of the city if agreement with the subscriber cannot be reached. The director may
for good cause shown by the franchisee waive or modify the requirements of this subsection.
(e) The franchisee shall provide program origination if so required by the FCC or the
ordinance granting the franchise.
(f) The franchisee shall render efficient service, making repairs promptly and inter-
rupting service only for good cause and for the shortest possible time; any scheduled inter-
ruptions, insofar as possible, shall be preceded by notice given to subscribers at least 24 hours
in advance and shall occur during periods of minimum use of the system.
(g) The franchisee must retain and have available emergency personnel capable of per-
forming emergency repairs and maintenance 24 hours a day, every day, including weekends
and holidays. The director may waive or modify this requirement if the franchisee can dem-
onstrate that it is not economically feasible to provide such emergency personnel.
(h) The franchisee shall promptly notify the cable television section of the department
when the cable television system is down, when the system is having technical difficulties
which may affect services to the subscriber, or when the franchisee's telephone lines are out
of service, in order that the department is able to advise those subscribers who contact the
department due to inability to reach the cable operator. In addition, the franchisee shall advise
the cable television section of the department, by telephone and in writing, of all scheduled
CD 13:131
§ 13.12.1370 DIAMOND BAR CODE
maintenance which will cause disruptions to service, and of any outages of more than four
hours duration.
(i) Credits shall automatically be given on a pro rata basis to any subscribers affected by
interruptions of service for more than two hours due to actions or outages under the control of
the franchisee, exclusive of scheduled repairs or maintenance that the franchisee has provided
advance notice of to subscribers. For such interruptions of service not under the control of the
franchisee, credits shall be given on a pro rata basis upon the request of the subscribers.
0) The franchisee shall maintain and upgrade the system and services to reflect feasible
technical and economic developments occurring during the term of the franchise which will
benefit the public in terms of new and more effective and efficient service and to provide a
state-of-the-art cable television system which meets the interests and needs of the community
during the term of the franchise.
(k) The franchisee shall provide and maintain continuous service to subscribers unless
allowed otherwise by the FCC. The franchisee may petition the FCC to authorize the suspen-
sion or abandonment of service upon such reasonable terms and conditions as may be pre-
scribed by the FCC. A copy of any such petition shall be filed with the city engineer concur-
rently with the filing of the petition with the FCC.
(1) Upon the request of a subscriber or potential subscriber, the franchisee shall provide
a morning (before 12:00 noon) or afternoon (after 12:00 noon) service call or installation
appointment. Should the franchisee be unable to keep the appointment, the subscriber shall be
notified at the earliest possible opportunity, and shall be rescheduled on a priority basis.
(Ord. No. 14(1989), § 2(16.68.100), 6-27-89)
Sec. 13.12.1380. Installation; technical documentation.
A franchisee shall provide the director with complete technical documentation of the cable
television system as installed. Such documentation shall include, but is not limited to, headend
equipment and location, satellite location and technical parameters, and the backbone cable
routing, but need not include each subscriber drop. Such documentation shall be sent to the
director within 60 days of initiation of subscriber service and shall be updated as necessary.
(Ord. No. 14(1989), § 2(16.68.110), 6-27-89)
Sec. 13.12.1390. Subscriber complaints; investigation, resolution and recordkeeping.
(a) Response to subscriber complaints shall be initiated within one business day of receipt,
and the resolution of subscriber complaints shall be effected by the franchisee not later than
three business days after receipt of the complaint. Should a supervisor not be available when
requested by a subscriber, a supervisor shall return the subscriber's telephone call at the
earliest possible time and, in no event, later than the end of the next business day. If a
subscriber has notified the franchisee in writing that a bill is in dispute, the franchisee shall
not terminate service pending resolution of the dispute, nor shall the account be turned over
or reported to a collection agency, provided that the remaining balance of the bill is current.
A bill shall not be considered to be in dispute solely by reason of nonpayment by subscriber.
CD 13:132
UTILITIES § 13.12.1400
(b) Upon complaint by any subscriber, the franchisee shall have the burden to satisfy the
director that a signal is being delivered which is of sufficient strength and quality to meet
standards contained in the FCC rules and regulations, as well as the city standards in effect
during the term of the franchise.
(c) The franchisee shall maintain a written complaint record containing the following
information:
(1) Date and time of subscriber complaint;
(2) Identification of the complainant by name, address and telephone number;
(3) Description of the nature of the complaint; and
(4) A record of when and what action was taken by the franchisee to resolve the com-
plaint.
(d) The complaint record shall be kept at the franchisee's local office for a period of two
years after receipt of any such complaint. 'A copy of the complaint record shall be submitted by
the franchisee to the director upon the franchisee's application for extension of service areas,
modification, transfer or renewal of the franchise and within ten days following receipt of a
written request therefor from the director. If required by the director, the complaint record
shall contain a semiannual (through June 30 and through December 31) breakdown indicating
the total number of complaints received for the preceding reporting period, and shall indicate
the major classifications of complaints as follows: construction, billing, customer relations/
service, miscellaneous.
(e) Throughout the term of the franchise, the franchisee shall maintain an outage log
showing the date, approximate time and duration, type and probable cause of all head -end,
trunk or distribution line service failures. The log shall also include information relating to
routine testing or scheduled maintenance outages. A copy of the outage log shall be submitted
by the franchisee to the city within ten days following the receipt of a written request therefor
from the city.
(Ord. No. 14(1989), § 2(16.68.120), 6-27-89)
Sec. 13.12.1400. Special tests and reports.
When complaints have been made, evidence indicates an unresolved controversy or sig-
nificant noncompliance with franchise standards, or when circumstances exist which, in the
judgment of the director, cast doubts upon the reliability or quality of cable service, the
director may require a franchisee, at the franchisee's cost, to test, analyze and provide a
written report on the performance of the system. Such report shall be delivered to the director,
no later than 14 days after the franchisee is notified, in writing, of the required report and
shall include the following information: nature of the complaints which precipitated the spe-
cial tests; what system component was tested, the equipment used, and procedures employed
in the testing; the results of such test; and the method in which the complaints were resolved.
The director may require that tests and analyses are supervised by an independent profes-
CD13:133
§ 13.12.1400 DIAMOND BAR CODE
sional engineer acceptable to the city. The tests shall be forwarded to the director with a report
interpreting the results of the tests and recommending actions to be taken.
(Ord. No. 14(1989), § 2(16.68.122), 6-27.89)
Sec. 13.12.1410. Subscriber terminal test requests.
A franchisee shall, upon reasonable request or complaint by a subscriber, perform such
tests as necessary at the subscriber's terminal to establish whether a signal of requisite
quality is being delivered to the subscriber's premises. The results of such test shall be given
to the subscriber as soon as the test is completed and evaluated, and in no event later than ten
days after the test is conducted.
(Ord. No. 14(1989), § 2(16.68.124), 6-27-89)
Sec. 13.12.1420. Periodic review of system quality.
The director shall have the right to conduct periodic reviews of the performance and
quality of the system during the term of the franchise. The record of subscriber complaints, the
record of performance tests and other tests or surveys conducted shall be included in the
review.
(Ord. No. 14(1989), § 2(16.68.126), 6-27-89)
Sec. 13.12.1430. Notice and information to subscribers.
(a) Prior to or at the time of installation, the franchisee shall provide each new subscriber
with written information regarding-
(1)
egarding
(1) A listing of all services, packages and rates available at the time, including billing
options and dispute procedures, refund procedures, and company policies regarding
disconnection and reconnection services and charges. If the franchisee has elected to
utilize line item charges for franchise fees, copyright and other fees as permitted
under section 634 of the Cable Act, any such listings, whether written or oral, shall
disclose to the prospective subscriber the total costs associated with receiving cable
services. Prior to the issuance of any such notices, a copy shall be submitted to the
director for review and approval of the notices.
(2) The availability of any devices required by federal, state or local law, such as, but not
limited to, parental lock box device and a switching device (AB switch), and any fees
or charges associated with receiving the devices.
(3) The address, telephone number and hours of business of the franchisee's local office
for service and resolution of complaints for the franchise area.
(4) Identification of the department, including address and telephone number, as the
referral agency, in a form of language to be provided by the director.
(5) A separate, written notice containing information regarding protection of subscriber
privacy rights as specified under section 631 of the Cable Act. Such notice to sub-
CD13:134
UTILITIES § 13.12.1440
scribers regarding protection of privacy rights shall be issued in a separate, written
notice at least once a year thereafter.
(6) Other appropriate information regarding the franchisee's system, as required by the
city.
(b) A franchisee shall also provide a separate, written notice to all subscribers every six
months or as required by the director, which identifies the department as required in subsec-
tion (a)(4) of this section. Semiannually, the director shall provide the language of the notice
to be issued to new and current subscribers. Failure to circulate the notice every six months
as required in this subsection shall result in the franchisee being assessed a fine of $1.00 per
subscriber, per month, until such time as notification is made to subscribers as required.
(c) The notices required in subsections (a)(5) and (b) of this section may be included in the
mailing of the subscriber's billing statement, but shall not be accompanied by any promotional
materials. The franchisee shall place the department (attn: Cable TV Franchising Section) on
a mailing list for the notices required in subsections (a)(5) and (b) of this section.
(Ord. No. 14(1989), § 2(16.68.130), 6-27-89)
Sec. 13.12.1440. Local business office requirements.
(a) A franchisee shall maintain a local business office within the city and provide the
director with the name, address and telephone number of the persons who will act as the
franchisee's agents for general management of the system and to receive complaints regarding
quality of service, equipment malfunctions, and similar matters. The franchisee shall advise
the city of a change of franchisee's agents within five working days of any such change. The
local office shall be open to receive inquiries or complaints from subscribers during normal
business hours. A toll-free phone number shall be available to all subscribers located within
the franchised area for the reporting of service problems on a 24 hours per day, seven days per
week, 365 days per year basis.
(b) The franchisee shall provide sufficient telephone lines, either adequately staffed or
with answering capability, providing, at the minimum, emergency referral information. The
franchisee shall return calls for services or complaints received during normal business hours
within four business hours of receipt, and shall promptly investigate and resolve all calls for
service and complaints. During periods when answering service or machine is used, the fran-
chisee shall provide on-call personnel who shall contact the answering service/machine, at a
minimum, every four hours to check on requests for service and complaints.
(c) In order to determine whether sufficient telephone lines are provided, the director may
require that a busy study, traffic study or other study be conducted, at the franchisee's ex-
pense, if any, by the local telephone company. Should the franchisee have its own telephone
equipment which can report on telephone line usage, the franchisee may submit such report
from its own system.
(d) Should the director determine that insufficient telephone lines or inadequate staff
exists, the franchisee shall take necessary steps to ensure that adequate telephone lines or
CD13:135
§ 13.12.1440 DIAMOND BAR CODE
staffing are available for normal, daily activities. Consideration shall be given for periods of
promotional activities or outages. The monthly billing period shall be considered as a normal,
daily activity for purposes of determining adequate telephone lines and/or staffing.
(Ord. No. 14(1989), § 2(16.68.140), 6-27-89)
Sec. 13.12.1450. Rates and rate changes.
(a) Except to the extent preempted by federal or state laws and regulations, the proce-
dures and standards set forth in this section shall prevail except as modified by the ordinance
granting the franchise.
(1) For new and newly renewed franchises, during the first year of operational service
offered to subscribers, the franchisee shall charge a subscriber no more for its services
than the rates and charges initially approved by the city council when granting the
franchise. The franchisee shall not change rates or charges unless such changes are
approved or authorized in the manner provided in this section.
(2) For existing franchises and after the first year of operative service to subscribers, for
new and newly renewed franchises, the franchisee shall notify the director of any
proposed change in rates or charges. The notification shall include a written list
showing the rates and charges currently in effect and the proposed changes. The
notice shall also include the justification for the proposed change. Within 30 days
after submission of the franchisee's proposed changes, the director, in his sole discre-
tion, shall either approve or disapprove of the proposed changes, or any of them, and
shall notify the franchisee of his decision. To the extent that any proposed change is
disapproved, the director shall set forth in writing his findings of fact with respect
thereto. The franchisee shall not take any action to change rates or charges until
authorized to do so by the director, or as a result of an appeal taken as indicated in
this section.
(b) The franchisee may, within ten days after mailing of the notification of decision,
appeal such decision to the city council. Upon receipt of the appeal, the city council may take
any one of the following actions:
(1) Approve the decision;
(2) Refer the matter back to the director with or without instruction; or
(3) Set the matter for public hearing before itself; such public hearing shall be held de
novo as if no hearing previously had been held.
(Ord. No. 14(1989), § 2(16.68.150), 6-27-89)
Sec. 13.12.1460. Notice to subscribers of discontinuance of service for nonpayment.
The franchisee shall provide at least ten days' written notice to a subscriber prior to
discontinuance of service for nonpayment. The notice shall contain the date, time and place by
which payment must be made in order to prevent disconnection of service.
(Ord. No. 14(1989), § 2(16.68.160), 6-27.89)
CD13:136
UTILITIES § 13.12.1490
Sec. 13.12.1470. Restoration of service disconnected in error; no charge to subscriber.
If the franchisee has improperly or inadvertently disconnected cable services to a sub-
scriber, the franchisee shall provide for restoration without charge to subscriber within two
business days of discovery of disconnection.
(Ord. No. 14(1989), § 2(16.68.165), 6-27-89)
Sec. 13.12.1480. Designation of franchisee fees and other line items on subscribers'
statements; required notices.
The franchisee shall notify subscribers at least 30 days prior to the first inclusion of
franchise fees and/or other line items on their statements, as permitted in section 622(f) and
(g) of the Cable Act. Such notice shall explain the election to use line item designations and the
effects such designations shall have on the total costs associated with receiving cable services.
No such notice shall be issued to subscribers until the city has reviewed and approved the
notice. Any designation of franchise fees as a separate line item on the statement shall use the
term "franchise fee."
(Ord. No. 14(1989), § 2(16.68.170), 6-27-89)
Sec. 13.12.1490. Requirements of notice of proposed changes in rates, charges, tiering
or carriage.
Whether or not the franchise is subject to rate regulation by the city, the franchisee shall
provide notice to subscribers and the city of changes in rates, charges, tiering or carriage as
provided in this section:
(1) The franchisee shall notify all subscribers, in writing, of any proposed changes in
subscriber rates, charges, tiering or carriage at least 60 days in advance of the effec-
tive date of such proposed changes. In no event shall a subscriber be billed for service
at the increased rate or charge prior to the delivery of the notification to the sub-
scriber.
(2) The franchisee shall notify the director, in writing, of any proposed changes in sub-
scriber rates and charges, tiering or carriage at least 90 days in advance of the
effective date of such proposed changes. The notification to the director shall include
a list showing the rates and charges currently in effect and the proposed changes.
Only those rates and charges that are on file with the department may be charged to
subscribers.
(3) If it is impractical or impossible for a franchisee to provide such notifications due to
conditions beyond the franchisee's control, the franchisee shall give reasonable notice
to the subscribers and the director.
(4) In the event of a rate increase, retiering or other changes in service by a franchisee,
subscribers may downgrade or disconnect service without charge; provided, however,
CD13:137
§ 13.12.1490 DIAMOND BAR CODE
that charges may be imposed for failure to return converter boxes, remote controls or
other equipment owned by the franchisee.
(Ord. No. 14(1989), § 2(16.68.180), 6-27.89)
Sec. 13.12.1500. Termination of service; removal of equipment.
(a) Upon termination of service to any subscriber, the franchisee shall promptly remove
all its facilities and equipment from the premises of such subscriber upon subscriber's request,
except as provided in subsection (b) of this section. Upon termination of services, should the
franchisee not promptly collect its equipment from the premises of the subscriber, the sub-
scriber shall not be charged for continued services, nor for failure to return any equipment.
(b) Should a franchisee require the subscriber to return the equipment, the franchisee
shall establish convenient hours, which must include convenient evening and weekend hours,
for the return of equipment, and the subscriber shall have a reasonable length of time in which
to return the equipment. The subscriber shall be advised of the date by which the equipment
must be returned before a charge may be imposed for failure to return equipment.
(Ord. No. 14(1989), § 2(16.68.185), 6.27-89)
Sec. 13.12.1510. Preference to certain subscribers.
A franchisee shall not grant any preference or advantage to any person or group, nor
subject any person or group to prejudice or disadvantage as to rates, charges, services, service
facilities, rules and regulations or in any other respect relative to the rights granted under the
franchise. Nothing in this section shall prohibit the franchisee from offering limited, promo-
tional specials, nor from offering bulk or discount billings where practical.
(Ord. No. 14(1989), § 2(16.68.190), 6-27-89)
Sec. 13.12.1520. Subscriber right to continuation of services.
Provided the subscriber does not violate any federal, state or local laws regarding the
reception of cable services, makes payments for such services in a timely fashion to the
franchisee, and maintains the franchisee's equipment in good working order, the franchisee
may not refuse cable service to a subscriber.
(Ord. No. 14(1989), § 2(16.68.192), 6-27-89)
Sec. 13.12.1530. Modification of standards.
The city reserves the right to modify, during the term of the franchise, the existing
consumer standards contained within the ordinance granting the franchise, and to establish
additional consumer service standards from time to time, as may be necessary to protect the
subscriber, the franchisee and the city.
(Ord. No. 14(1989), § 2(16.68.195), 6-27-89)
Secs. 13.12.1540-13.12.1700. Reserved.
CD 13:138
UTILITIES § 13.12.1720
DIVISION 6. RENEWAL
Sec. 13.12.1710. Methods.
A franchise renewal may be effected under section 626 of the Cable Act, or under an
alternative method.
(Ord. No. 14(1989), § 2(16.69.010), 6-27-89)
Sec. 13.12.1720. Cable Act section 626.
The following procedure shall be followed for all renewals effected under section 626 of the
Cable Act:
(1) During the six-month period which begins with the 36th month before the franchise
expiration, the city may, on its own initiative, and shall at the request of the fran-
chisee, commence proceedings which afford the public in the franchise area appro-
priate notice and participation for the purpose of:
a. Identifying the future cable -related community needs and interests; and
b. Reviewing the performance of the franchisee under the franchise during the then
current franchise term.
(2) Upon completion of a proceeding under subsection (1) of this section, the franchisee
seeking renewal of a franchise may, on its own initiative or at the request of the
director, submit a proposal for renewal. Subject to section 624 of the Cable Act, any
such proposal shall contain such material as the director may require, including
proposals to upgrade the cable system. The director may establish a date by which
such proposal shall be submitted.
(3) Upon submittal by the franchisee of a proposal for the renewal of a franchise, the city
shall provide prompt public notice of such proposal and, during the four-month period
which begins on the completion of any proceedings under subsection (1) of this section,
renew the franchise or issue a preliminary assessment that the franchise should not
be renewed and, at the request of the franchisee or on its own initiative, commence an
administrative proceeding, after providing prompt public notice of such proceeding, in
accordance with this subsection to consider whether:
a. The franchisee has substantially complied with the material terms of the existing
franchise and with applicable law.
b. The quality of the franchisee's service, including signal quality, response to con-
sumer complaints, and billing practices, but without regard to the mix, quality,
or level of cable services or other services provided over the system, has been
reasonable in light of community needs.
c. The franchisee has the financial, legal and technical ability to provide the ser-
vices, facilities and equipment as set forth in the franchisee's proposal.
CD13:139
§ 13.12.1720 DIAMOND BAR CODE
d. The franchisee's proposal is reasonable to meet the future cable -related commu-
nity needs and interests, taking into account the cost of meeting such needs and
interests.
In any proceeding under subsection (3) of this section, the franchisee shall be afforded
adequate notice, and the franchisee and the director shall be afforded fair opportunity
for full participation, including the right to introduce evidence, including evidence
related to issues raised in the proceeding under subsection (1) of this section, to
require the production of evidence, and to question witnesses. A transcript shall be
made of any such proceeding. At the completion of a proceeding under this subsection,
the director shall issue a written decision granting or denying the proposal for re-
newal based upon the record of such proceeding, and transmit a copy of such decision
to the franchisee. Such decision shall state the reasons therefor.
(4) Any denial of a proposal for renewal shall be based on one or more adverse findings
made with respect to the factors described in subsection (3)a—(3)d of this section,
pursuant to the record of the proceeding under subsection (3)c of this section. The city
will not base a denial of renewal on a failure to substantially comply with the mate-
rial terms of the franchise under subsection (3)a of this section or on events considered
under subsection (3)b of this section in any case in which a violation of the franchise
or the events considered under subsection (3)b of this section occur after December 29,
1984, unless the director has provided the franchisee with notice and the opportunity
to cure, or in any case in which it is documented that the city has waived its right to
object or has effectively acquiesced.
(5) Any franchisee whose proposal for renewal has been denied by a final decision of the
director made pursuant to this section, or has been adversely affected by a failure of
the city to act in accordance with the procedural requirements of this section, may
appeal such final decision or failure pursuant to the provisions of section 635 of the
Cable Act.
(6) For purposes of this section, the term "franchise expiration" means the date of the
expiration of the term of the franchise, as provided under the ordinance granting the
franchise, as it was in effect on December 29, 1984.
(Ord. No. 14(1989), § 2(16.69.020), 6-27.89)
Sec. 13.12.1730. Renewals outside provisions of Cable Act section 626(x) through (g).
(a) Notwithstanding the provisions of section 13.12.1720, a franchisee may submit a
proposal for the renewal of a franchise pursuant to this section at any time, and the city may,
after affording the public adequate notice and opportunity for comment, grant or deny such
proposal at any time, including after proceedings pursuant to this section have commenced.
The provisions of section 13.12.1720 shall not apply to a decision to grant or deny a proposal
under this subsection. The denial of a renewal pursuant to this section shall not affect action
on a renewal proposal that is submitted in accordance with section 13.12.1720.
CD 13:140
UTILITIES § 13.12.1770
(b) Proposals for renewal outside of the provisions of section 626(a) through (g) of the
Cable Act and section 13.12.1720 of this Code should be made no later than 24 months prior
to the expiration of the franchise in order to allow adequate time for the city to process the
application. The franchisee shall be responsible for any additional costs incurred by the city in
processing an application made less than 24 months prior to the expiration of the franchise.
The provisions of division 2 of this chapter shall apply to this section.
(Ord. No. 14(1989), § 2(16.69.025), 6-27-89)
Sec. 13.12.1740. Notices to subscribers.
(a) After filing a proposal for renewal, the franchisee shall submit in the billing sent to
subscribers a notice of the pending proposal and notice of any public hearings or meetings.
Such notice shall not be more than 60 and not less than ten days prior to the subject meeting.
(b) Upon determination of public hearing date, notice shall be made over appropriate PEG
channels at least hourly between the hours of 7:00 to 9:00 a.m. and 6:00 to 9:00 p.m. and for
five consecutive days, not less than three days nor more than 14 days prior to the date of the
public hearing.
(Ord. No. 14(1989), § 2(16.69.030), 6-27.89)
Sec. 13.12.1750. Expired franchises.
The city reserves the right to grant or deny any renewal of the franchise that is requested
after the expiration of the initial term of the franchise and to condition any such renewal upon
the franchisee's agreement to comply fully with all amendments or other modifications to the
franchise as may be specified by the city council or director.
(Ord. No. 14(1989), § 2(16.69.035), 6-27-89)
Sec. 13.12.1760. Waiver of Cable Act section 626.
If a franchisee does not timely initiate proceedings pursuant to and in accordance with
section 626 of the Cable Act, such franchisee shall be deemed to have waived the provisions
thereof.
(Ord. No. 14(1989), § 2(16.69.040), 6-27-89)
Sec. 13.12.1770. Contents of application.
The application for renewal shall address the requirements specified in division 2 of this
chapter, as applicable, and in section 13.12.1390. The proposal shall specifically address the
community needs and interests, and shall set forth how the franchisee will meet those com-
munity needs and interests. It shall set forth the extent to which the cable system will be
upgraded, modernized or rebuilt, taking into account the then state-of-the-art cable systems
and technology and the cost of such improvements and alterations.
(Ord. No. 14(1989), § 2(16.69.050), 6-27-89)
CD13:141
§ 13.12.1780 DIAMOND BAR CODE
Sec. 13.12.1780. Processing fee.
Each applicant for renewal must furnish with its proposal a nonrefundable filing fee in the
amount set forth in section 13.12.340. The applicant shall pay any additional costs incurred by
the city as provided in subsection (c) of such section.
(Ord. No. 14(1989), § 2(16.69.060), 6-27-89)
Sec. 13.12.1790. Processing of application.
Subject to section 626 of the Cable Act, the procedure to process an application for fran-
chise as specified in division 2 of this chapter shall be followed for all applications for renewal.
(Ord. No. 14(1989), § 2(16.69.070), 6-27-89)
CD13:142
EXHIBIT B
OWNERSHIP OF JONES INTERCABLE, INC.
Jones Intercable, Inc., a Colorado corporation
("Company"), is a publicly held corporation whose shares of
Common Stock and Class A Common Stock are traded on the NASD
National Market System. The following table sets forth, as of
February 26, 1997, the ownership of the Company's Common Stock or
Class A Common Stock by persons known to the Company to be
beneficial owners of more than 5% of either class of stock:
Name and Address of Beneficial Owner Title of Class
Jones International, Inc. Common Stock
9697 East Mineral Avenue
Englewood, CO 80112 Class A
Common Stock
Glenn R. Jones Common Stock
9697 East Mineral Avenue
Englewood, CO 80112 Class A
Common Stock
Mutuelles AXA Group Class A
Via Mutuelle Common Stock
101-100 Terrasse Boledieu
92042 Paris, La Defenie, France
Bell Canada International Common Stock
BVI VI Limited
Arawak Chamber
Road Town
Tortola, BVI
Bell Canada International Class A
BVI III Limited Common Stock
Arawak Chamber
Road Town
Tortola, BVI
The Capital Group Companies, Inc. Class A
333 South Hope Street Common Stock
Los Angeles, CA 90071
Neuberger & Berman Class A
605 Third Avenue Common Stock
New York, NY 10158
970204 10572-00009 lsj 0592880 0
EXHIBIT C
DESCRIPTION OF AND PERFORMANCE CRITERIA
FOR THE UPGRADE AND REBUILD OF THE CABLE
SYSTEM TO BE COMPLETED BY GRANTEE
I. FIBER BACKBONE HUB SITES
A. Within two years after the effective date of the
Agreement, Grantee will complete the installation of seven fiber
backbone hub sites to serve the cable system. The installation
of these fiber backbone hub sites will immediately add three
additional channels to the cable system and will facilitate the
provision of additional services as the technology and the
economics associated with the delivery of these additional
services improve. Additional Services facilitated by the
installation of these fiber backbone hub sites will be determined
by the Grantee based upon customer demand and economic
feasibility. These services could include the delivery of data,
delivery of digital music services, delivery of game programming,
etc.
B. The performance criteria for fiber backbone hub sites
is:
1. Approximately 2,000 customers per hub site.
2. Approximately 2,600 homes per hub site.
3. Approximately 6 amplifiers in cascade.
C. The benefits anticipated from the performance
criteria referenced above in paragraph B are:
970204 10572-00009 lsj 0592880 0
1. Improved reliability. With no amplifiers
between the head -end and the hub site, the interruption of
services due to the loss of electrical power will be diminished
about 9 to 1.
2. Immediately facilitating up to three additional
channels to be added to the line-up.
3. The containment of outages to a local area,
thereby affecting smaller numbers of customers.
4. The delivery of segmented programming by hub
site, rather than to the entire system.
II. REBUILD OF THE CABLE SYSTEM
A. Within six years after the installation of the seven
fiber backbone hub sites described above in Section I, but no
later than December 21, 2004, Grantee will complete a rebuild of
the cable system at not less than 56OMHz analog, or equivalent
channel capacity.
B. Not later than six months prior to the completion of
the installation of the seven fiber backbone hub sites described
above in Section I, Grantee will submit to the Grantor its design
specifications for the rebuild of the cable system. Grantor and
Grantee will meet and confer in good faith to ensure that the
design specifications meet the Grantor's standards and needs, and
the design specifications will be subject to the Grantor's
written approval, which approval will not be unreasonably delayed
or withheld.
970204 10572-00009 1SJ 0592880 0 C - 2
C. The performance criteria for the rebuilt cable system
will be agreed upon by Grantor and Grantee concurrently with the
approval of the design specifications referenced above in
paragraph B. The parties acknowledge that the cable system will,
at the minimum, be rebuilt to 560 MHz analog, or, by the use of
other technology, rebuilt so as to deliver the equivalent
capacity of not less than 78 channels. In any event, the
Grantee's rebuilt cable system must deliver an additional 21
channels over what subscribers receive as of the effective date
of this Agreement.
970204 10572-00009 1Sj 0592880 0 C - 3
EXHIBIT D
CONSUMER PROTECTION STANDARDS
1. Standards for Consumer Service.
The Grantee must maintain a business office located
within the franchise service area, and must provide all
personnel, equipment, and facilities necessary to ensure compli-
ance with the following standards under normal operating
conditions. As used herein, the term "normal operating
conditions" is deemed to exclude billing cycles, system outages,
and special pay-per-view or one-time events and promotions.
(a) Sufficient toll-free telephone line capacity
during normal business hours to assure that a minimum of ninety
percent (90%) of all calls will be answered before the fourth
ring, and callers will not be required to wait more than thirty
(30) seconds before being connected to a service representative.
(b) Emergency, manned (which may be an answering
service) toll-free telephone line capacity on a 24-hour basis,
including weekends and holidays, so that a service representative
may be contacted who can respond to service problems.
(c) The business office must be open during normal
business hours (9:00 AM to 5:00 PM, Monday through Friday,
excluding holidays) and at least four (4) additional hours per
week during evenings or weekends. The business office must be
adequately staffed and of sufficient size to accept payments from
subscribers and to respond to service requests and complaints.
970204 10572-00009 lsj 0592880 0
(d) An emergency maintenance and repair staff
capable of responding to and repairing major malfunctions of the
cable television system on a 24-hour basis.
(e) An installation staff capable of installing
service for any residential subscriber within seven (7) days
after receipt of a request, in all areas where trunk and feeder
cable have been activated.
(f) Within a 4 -hour time period as specified by
Grantee, appointments with subscribers will be scheduled by
Grantee for installation or service. The specification of
appointments as either "morning" or "afternoon" will be deemed to
comply with this requirement. If a subscriber requesting service
on a given day cannot be scheduled for a specific morning or
afternoon time period, and is advised that the Grantee's service
personnel may arrive at any time during the business day, the
subscriber may request the Grantee to schedule an appointment for
morning or afternoon service on the next business day during
which such appointments are available.
2. Reguests for Cable Television Service and Repairs.
(a) Grantee must render efficient service, make
repairs promptly, and interrupt service only for good cause and
for the shortest time possible. Scheduled interruptions, to the
extent possible, must be preceded by notice to the subscribers
and must occur during periods of minimum use of the system,
preferably between 12:00 midnight and 6:00 A.M. A written log,
or equivalent computer data which is capable of access and
reproduction, must be maintained for all service interruptions,
970204 10572-00009 1sj 0592880 0 D — 2
subscriber requests for repair, and subscriber service complaints
that result in a service call.
(b) Grantee must maintain a repair force of techni-
cians normally capable of responding to subscriber requests for
service within the following time periods:
(1) System outage: Within two hours on
weekdays, and within four hours on weekends and holidays, after
receiving subscriber calls that identify a system outage of audio
or video on one or more channels, and which outage affects three
or more subscribers in the same geographic area.
(2) Isolated outage: Within twenty-four hours
after receiving a request for service that identifies an isolated
outage of audio or video on all channels, and which outage
affects an individual subscriber.
(3) Inferior reception quality: Within forty-
eight hours, excluding weekends and holidays, after receiving a
request for service that identifies a problem concerning audio or
video quality.
(c) Grantee will be deemed to have responded to a
request for service under the provisions of this Section when a
repair technician arrives at the service location and commences
work on the problem. If a subscriber is not home when the tech-
nician arrives, response will be deemed to have been made if the
technician leaves written notification of arrival.
3. Verification of Compliance. Upon reasonable notice
from the Grantor, the Grantee must demonstrate compliance with
any or all of the standards set forth in Sections 1 and 2 above.
970204 10572-00009 lsj 0592880 0 D - 3
Grantee must provide sufficient information to permit Grantor to
verify the extent of compliance.
4. Non-compliance with Standards. A repeated and
verifiable pattern of non-compliance with the consumer protection
standards of Sections 1 and 2, subsequent to Grantee's receipt of
due notice and an opportunity to cure, may be deemed a violation
of the franchise, subject to any and all remedies as prescribed
in the Agreement, and applicable law.
5. Complaint Procedures.
(a) Complaints to Grantee. Grantee must establish
written procedures for receiving, acting upon, and resolving
subscriber complaints without intervention by Grantor. The
written procedures must prescribe the manner in which a
subscriber may submit a complaint, either orally or in writing,
that Grantee has violated any provision of Chapter 13.12 of the
Code relating to consumer protection, the Agreement, or the
subscriber's contract with Grantee. Following Grantee's
investigation of a subscriber complaint, but in no event more
than ten days after receiving the complaint, Grantee must notify
the subscriber of the results of the investigation and of its
proposed corrective action, if any. Grantee must also notify the
subscriber of the subscriber's right to file a complaint with
Grantor if the subscriber is dissatisfied with Grantee's
decision. A copy of Grantee's written procedures must be filed
with Grantor.
(b) Complaints to Grantor. A subscriber who is
dissatisfied with Grantee's proposed decision, or who was not
970204 10572-00009 lsj 0592880 0 D - 4
notified by Grantee within the ten day period, is entitled to
have the complaint reviewed by the Grantor. The subscriber may
initiate that review by filing a written complaint together with
Grantee's decision, if any, with Grantor. Grantor will notify
Grantee of that filing. The subscriber must file its complaint
within twenty days after receipt of Grantee's decision, or, if no
such decision has been provided, within thirty days after filing
the original complaint with Grantee. Grantor may extend these
time limits for reasonable cause.
(c) Review by Grantor. Grantor will determine,
following its review of a subscriber complaint and the Grantee's
decision, if any, whether further action is warranted. If
Grantor does not initiate further proceedings within fifteen days
after the filing of the complaint, Grantee's proposed decision as
to corrective action will be final. If Grantor decides to
initiate further action, the Grantor will require Grantee and the
subscriber to submit, within ten days of notice thereof, a
written statement of the facts and arguments in support of their
respective positions. Grantee or the subscriber may request in
that statement that the matter be heard by the City Manager.
Notice in writing specifying the time and place for that hearing
will be given by the Grantor. The hearing will be conducted
informally, and the parties may offer any evidence pertinent to
the dispute. The City Manager will issue a written decision
within fifteen days after receipt of the written statements or,
if a hearing is requested, within fifteen days of the conclusion
of the hearing, setting forth the basis of the decision. The
970204 10572-00009 lsj 0592880 0 D - 5
decision may be appealed to the City Council and, if so appealed,
the City Council's determination will be final.
6. Remedies for Violations. Grantor may, as a part of
the determination of a subscriber complaint in accordance with
Section 5, impose penalties on Grantee if Grantor finds a pattern
of substantial violations of consumer service standards, or that
Grantee has arbitrarily and without justification failed or
refused to comply with the provisions of Section 5. No monetary
penalty imposed may exceed the sum of Two Hundred Fifty Dollars
($250) per day or per violation.
7. Notices.
(a) Operating Policies. As subscribers are
connected or reconnected to the cable television system, and at
least once during each calendar year thereafter, Grantee must
provide each subscriber with written notification concerning the
procedures for making inquiries or submitting complaints,
including the address and toll-free telephone number of the
Grantee's business office, the names or titles of the designated
employees or agents to whom those inquiries or complaints are to
be directed, and information concerning the officer, employee, or
department of the Grantor responsible for administration of the
Franchise Agreement, with the address and telephone number of
that officer, employee, or department. That notification must
also set forth Grantee's normal business hours, legal holidays,
and procedures for submitting inquiries, complaints, or requests
for service after normal business hours.
970204 10572-00009 1sj 0592880 0 D - 6
(b) Changes in Operating Policies. Grantee must
provide to all subscribers and to Grantor written notice not less
than thirty (30) days prior to any material change in these
operating policies.
(c) Copies to Grantor. Copies of all written
notices provided by Grantee to its subscribers that relate to
operating policies and procedures, rates and charges, or
programming services must concurrently be transmitted to Grantor.
8. Quality of Service. As provided for in the
Agreement, the overall quality of service provided by Grantee to
subscribers is subject to periodic evaluations by Grantor.- In
addition, Grantor may at any time evaluate the quality of service
when warranted by the number of subscriber complaints received by
Grantee and Grantor, and Grantee's response to those complaints.
Grantor's determination that service quality does not comply with
the requirements of the Agreement may result in direction to
Grantee to cure that non-compliance. Grantee's failure to
commence corrective action within the time specified in Grantor's
written notice may be deemed a violation of the franchise and
subject to the remedies prescribed in the Agreement. Grantor,
after following the required notice and hearing procedures, may
recover its costs, expenses, damages, and penalties attributable
to the violation against any security fund, performance bond, or
other security that is provided by Grantee.
970204 10572-00009 19J 0592880 0 D - 7
AGENDA ITEM NO. 8.2
NO DOCUMENTATION AVAILABLE
-
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: April 1, 1997 REPORT DATE: March 28,1997
FROM: Terrence L. Belanger, City Manager
TITLE: Evaluation of the Heritage Tract Neighborhood Traffic Improvements
SUMMARY: Pursuant to the direction of the City Council, the effectiveness of the signing, marking, and
striping improvements within the Heritage Tract were evaluated. Based on the follow-up questionnaires, an
overwhelming majority (83%) of the residents believe traffic conditions in the neighborhood have improved.
The "No Left -Turn" sign at the Country Hills Towne Center driveway on Fountain Springs Road, which was
installed as part of the improvement, is requested for removal. Eighty-five (85%) of the questionnaire
respondents want the sign removed due to the inconvenience it creates. Another proposed modification to the
improvement is the removal of approximately one hundred seventy feet of the red curbing along the southerly
side of Fountain Springs Road. DKS Associates has concluded that traffic conditions have improved in the
study area and that these signings/stripings improvements have reached their intended mitigation.
RECOMMENDATION: That the City Council adopt Resolution No. 96-02A amending Resolution No. 96-02
to include the removal of the "No Left -Turn" sign at the Country Hills Towne Center driveway on Fountain
Springs Road and removal of one hundred seventy feet of red curb and retaining one hundred sixty feet of red
curb along Fountain Springs Road between Diamond Bar Boulevard and Crooked Creek Drive.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specification (on file in City ClerKs office)
_ Ordinance(s) X Other:Final ReQort Heritage Tract Neighborhood
Traffic Management Study.dated 4/1/97
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been x Yes _ No
reviewed by the City Attorney? N/A
2. Does the report require a majority vote? Majority _ Yes _ No
3. Has environmental impact been assessed? N/A _ Yes _ No
4. Has the report been reviewed by a Commission? _ Yes _ No
Which Commission? N/A
5. Are other departments affected by the report? N/A _ Yes _ No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belange Frank M. Usher eorge . Wentz
City Manager Assistant City Manager )0"f— City Engineer
V117 VV IL IILI-lJli1
AGENDA NO.
MEETING DATE: April 1, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Evaluation ofthe Heritage Tract Neighborhood Traffic Improvements
ISSUE STATEMENT:
Discuss the evaluation of the Heritage Tract Neighborhood traffic signing and striping
improvements.
RECOMMENDATION:
That the City Council adopt Resolution No, 96-06A amending Resolution No, 96-02 to
include the removal ofthe "No Left -Turn" sign atthe Country Hills Towne Center driveway
on Fountain Springs Road and removal of one hundred seventy feet of red curb and
retaining one hundred sixty feet of recd curb along Fountain Springs Road between
Diamond Bar Boulevard and Crooked Creek Drive.
FINANCIAL SUMMARY:
The proposed recommendation has no financial impactor the City Fiscal Year 1996-97
budget,
BACKGROUND/DISCUSSION:
In January, 1995, the City of Diamond Bar retained the services of DKS Associates to
assess and propose measures to mitigate speeding and cuttnrough traffic in the
Heritage Tract, an area bounded by Pathfinder Road, Brea Canyon Road, and Diamond
Bar Boulevard
In January, 1996, the City Council of the City of Diamond Bar approved the
recommendations under Part One of Plan I of the Neighborhood Traffic Management
Study. These recommendations inc luded the installation ofvarious traffic signs, pavement
markings, and striping The recommendation also included the installation of multi -way
stop signs at the intersections of Fountain Springs Road/Castle Rock Road, Fountain
Springs RoadlErea Canyon Road, Fountain Springs Road/ SunbrightDrive, Brea Canyon
Road/Cool Springs Drive, and Cold Spring Lane/Castle Rock Road
Pursuant to the direction of the City Council, the effectiveness of the abovementioned
mitigation measures were evaluated The evaluation is based on residents' and
businesses 'response to a follow-up questionnaire, and a license plate and video survey,
conducted in May, 1996
Page Two
Heritage Tract Evaluation
April 1, 1997
One hundred sixteen (11 15) of the total seven hundred five (705) questionnaires were
returned, which translates to a 16.5% return rate Based on the results of the follow-up
questionnaire (Attachment "A"), an overwhelming majority (83%) ofthe residents believe
thattraffic conditions in the neighborhood have improved. Otherspecific questions such
as the desire to keep the "No Left Turn" sign at the County Hills Towne Center driveway
on Fountain Springs Road were also asked. Eight -five (85%) of the questionnaire
respondents want to see the "No Left -Turn" sign be removed permanently.
The Fountain Springs Road red curbing issue was also discussed with the owner of
Fountain Springs Plaza (Dr. Cho). On June 24, 1996, the Planning Commission held a
meeting to discuss the parking issue and requested Dr. Cho to conduct a detailed
parking study. A stucy, by Daniel Benson & Associates, was prepared and the results
indicated thatthe site has a parking deficiency ofapproximately six vehicles during peak
hours, Upon furthersite investigation, DKS Associates concurred thatapproximately 170'
ofred curb could be removed without comprom ising the safety of raffic exiting the Plaza
driveway and traffic entering Diamond Bar Boulevard.
Prepared By: David G. Liu/Tsedav Aberra
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ie font of Cast.erock L-ternentary School
ne ()Fl Founctir, Springs Roac and Castlerock Road.
[r, sins on Fo intair Springs road and Castlerock Road:
r1:u si rs .m Cold Spring Lane and CasIerock Dive.
L>e,vrnhill Speed" warning signs on Evergreen Springs Drive.
�l 3. DO �0)), �i c of multi -way stop -signs will reduce speeding and "cut -through" traffic at the
following loac,ions
Yes 7 ` 71 % _ No__3? (29%) Brea Canyon Road/Cool Spring Lane intersection.
��_es_ ?S f7l % do 31 (29%) Fountain Springs Road/Sunbright Drive intersection.
4. Do you want the "No Left -turn" sign back in place at the driveway located on Fountain Springs Drive at the
Country Hills Towne Center.
Yes 11 (9/-) No 99. (85%) 6 (6%) -No Response
Figure 3-2
F1
RESOLUTION NO. 96-02A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
PROVIDING FOR THE INSTALLATION OF "NO COMMERCIAL TRUCKS"
SIGNS ON FOUNTAIN SPRINGS ROAD AT BREA CANYON ROAD AND
WESTERLY OF THE COUNTRY HILLS TOWNE CENTER DRIVEWAY AND
ON COLD SPRING LANE AT BREA CANYON ROAD AND DIAMOND BAR
BOULEVARD, "NO PARKING, LOADING ONLY" SIGNS IN FRONT OF
CASTLEROCK ELEMENTARY SCHOOL, "NO U-TURN" SIGNS AT THE
INTERSECTION OF EVERGREEN SPRINGS DRIVE AT BIRCH HILL
DRIVE AND AT LOST RIVER DRIVE, "NO PARKING, 7-3, SCHOOL
DAYS ONLY" SIGNS ON BOTH SIDES OF EVERGREEN SPRINGS DRIVE
BETWEEN PATHFINDER ROAD AND BIRCH HILL DRIVE, "NO PARKING
ANYTIME" SIGNS ON FOUNTAIN SPRINGS ROAD FROM DIAMOND BAR
BOULEVARD TO CROOKED CREEK DRIVE, REMOVING ONE HUNDRED
SEVENTY FEET OF RED CURB AND RETAINING ONE HUNDRED SIXTY
FEET OF RED CURB ALONG FOUNTAIN SPRINGS ROAD FROM DIAMOND
BAR BOULEVARD TO CROOKED CREEK DRIVE, PAINTING RED CURBS
ALONG CURVATURES ON RISING STAR DRIVE, CROOKED CREEK
ROAD, HARMONY HILL DRIVE, HIDDEN PINES DRIVE AT SUNBRIGHT
DRIVE, AND SUNBRIGHT DRIVE AT SILVER CLOUD DRIVE, AND
REMOVING THE "NO -LEFT -TURN" SIGN AT THE DRIVEWAY EXIT OF
COUNTRY HILLS TOWNE CENTER AT FOUNTAIN SPRINGS ROAD.
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on August 10, 1995.
(ii) At the meeting of August 10, 1995, the
Traffic and Transportation Commission determined that the
installation of "No Commercial Trucks" signs on Fountain Springs
Road at Brea Canyon Road and westerly of the Country Hills Towne
Center driveway and on Cold Spring Lane at Brea Canyon Road and
Diamond Bar Boulevard, "No Left -Turn" signs at the driveway exit of
Country Hills Towne Center along Fountain Springs Road, "No
Parking, Loading Only" signs in front of Castlerock Elementary
School, "No U -Turn" signs at the intersections of Evergreen Springs
Drive at Birch Hill Drive and at Lost River Drive, "No Parking, 7-3
School Days Only" signs on both sides of Evergreen Springs Drive
between Pathfinder Road and Birch Hill Drive, "No Parking Anytime"
signs and painting red curbs along Fountain Springs Road from
Diamond Bar Boulevard to Crooked Creek Drive and painting red curbs
along curvatures on Rising Star Drive, Crooked Creek Road, Harmony
Hill Drive, Hidden Pines Drive at Sunbright Drive, and Sunbright
Drive at Silver Cloud Drive is appropriate.
(iii) The Traffic and Transportation Commission
recommends installation of "No Commercial Trucks" signs on Fountain
Springs Road at Brea Canyon Road and westerly of the Country Hills
Towne Center driveway and on Cold Spring Lane at Brea Canyon Road
and Diamond Bar Boulevard, "No Left -Turn" signs at the driveway
exit of Country Hills Towne Center along Fountain Springs Road, "No
Parking, Loading Only" signs in front of Castlerock Elementary
School, "No U -Turn" signs at the intersections of Evergreen Springs
Drive at Birch Hill Drive and at Lost River Drive, "No Parking, 7-3
School Days Only" signs on both sides of Evergreen Springs Drive
between Pathfinder Road and Birch Hill Drive, "No Parking Anytime"
signs and painting red curbs along Fountain Springs Road from
Diamond Bar Boulevard to Crooked Creek Drive and painting red curbs
along curvatures on Rising Star Drive, Crooked Creek Road, Harmony
Hill Drive, Hidden Pines Drive at Sunbright Drive, and Sunbright
Drive at Silver Cloud Drive.
(iv) At its meeting of January 9, 1996, the City Council
approved and adopted Resolution No. 96-02 installing "No Commercial
Trucks" signs on Fountain Springs Road at Brea Canyon Road and
westerly of the Country Hills Towne Center driveway and on Cold
Spring Lane at Brea Canyon Road and Diamond Bar Boulevard, "No
Left -Turn" signs at the driveway exit of Country Hills Towne Center
along Fountain Springs Road, "No Parking, Loading Only" signs in
front of Castlerock Elementary School, "No U -Turn" signs at the
intersections of Evergreen Springs Drive at Birch Hill Drive and at
Lost River Drive, "No Parking, 7-3 School Days Only" signs on both
sides of Evergreen Springs Drive between Pathfinder Road and Birch
Hill Drive, "No Parking Anytime" signs and painting red curbs along
Fountain Springs Road from Diamond Bar Boulevard to Crooked Creek
Drive and painting red curbs along curvatures on Rising Star Drive,
Crooked Creek Road, Harmony Hill Drive, Hidden Pines Drive at
Sunbright Drive, and Sunbright Drive at Silver Cloud Drive.
B. RESOLUTION.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Said action is pursuant to Section 10.08.010 of the
Diamond Bar City Code, as heretofore adopted;
2. The City Council hereby finds that the public health,
safety, and welfare will be best protected by installing "No
Commercial Trucks" signs on Fountain Springs Road at Brea Canyon
Road and westerly of the Country Hills Towne Center driveway and on
Cold Spring Lane at Brea Canyon Road and Diamond Bar Boulevard, "No
Parking, Loading Only" signs in front of Castlerock Elementary
School, "No U -Turn" signs at the intersections of Evergreen Springs
Drive at Birch Hill Drive and at Lost River Drive, "No'Parking, 7-3
School Days Only" signs on both sides of Evergreen Springs Drive
between Pathfinder Road and Birch Hill Drive, "No Parking Anytime"
signs on Fountain Springs Road from Diamond Bar Boulevard to
Crooked Creek Drive, removing one hundred seventy feet of red curb
and retaining one hundred sixty feet of red curb along Fountain
Springs Road from Diamond Bar Boulevard to Crooked Creek Drive,
painting red curbs along curvatures on Rising star Drive, Crooked
Creek Road, Harmony Hill Drive, Hidden Pines Drive at Sunbright
Drive, and Sunbright Drive at Silver Cloud Drive, and removing the
"No Left -Turn" sign at the driveway exit of Country Hills Towne
center at Fountain Springs Road as herein prescribed;
3. This resolution shall not become effective until the "No
Commercial Trucks" signs on Fountain Springs Road at Brea Canyon
Road and westerly of the Country Hills Towne Center driveway and on
Cold Spring Lane at Brea Canyon Road and Diamond Bar Boulevard, "No
Parking, Loading Only" signs in front of Castlerock Elementary
School, "No U -Turn" signs at the intersections of Evergreen Springs
Drive at Birch Hill Drive and at Lost River Drive, "No Parking, 7-3
School Days Only" signs on both sides of Evergreen Springs Drive
between Pathfinder Road and Birch Hill Drive, "No Parking Anytime"
signs on Fountain Springs Road from Diamond Bar Boulevard to
Crooked Creek Drive, removing one hundred seventy feet of red curb
and retaining one hundred sixty feet of red curb along Fountain
Springs Road from Diamond Bar Boulevard to Crooked Creek Drive,
painting red curbs along curvatures on Rising Star Drive, Crooked
Creek Road, Harmony Hill Drive, Hidden Pines Drive at Sunbright
Drive, and Sunbright Drive at Silver Cloud Drive, and removing the
"No Left -Turn" sign at the driveway exit of Country Hills Towne
Center at Fountain Springs Road are properly posted and painted by
the City; and
4. The City Council of the City of Diamond Bar hereby
authorize and direct the City Engineer to cause said signs and red
curbing to be installed as herein defined be established.
S. The City Council hereby finds that the proposed traffic
mitigation measures as outlined in Part One of Plan One of the
Neighborhood Traffic Management Study conducted by DRS Associates,
dated November 6, 1995 are categorically exempt pursuant to Section
15301(c) of the State of California Environmental Impact Report
Guidelines.
PASSED, APPROVED and APPROVED this day of , 1997
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on day of
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
, 1997 by the
City Clerk, City of Dianar:d Bar
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FINAL REPORT
Evaluation of the Heritage Tract Neighborhood
Traffic Management Study - Plan I, Part One
Improvements
prepared for
City of Diamond Bar
by
DKS Associates
April 1, 1997
Neighborhood Traffic Study
Table of Contents
Executive Summary ....................................... ES -1
1. Introduction..............................................1
2. Evaluation of Improvements ................................ 4
2.1
Implemented Plan I, Part One Improvements ....................
4
2.2
License Plate Survey .....................................
6
2.3
Red Curb Parking Evaluation at Fountain Springs Rd .............
15
2.4
Scbool Area Vehicle/Pedestrian Circulation ....................
18
2.5
Trip Generation of Neighborhood Study Area ..................
21
2.6
Roadway Capacity for Residential Streets .....................
22
2.7
Traffic Chokers .......................................
25
3. Neighborhood Questionnaire .............................. 28
3.1 "Follow-up" Questionnaire Results .......................... 28
4. Findings and Conclusions ................................. 31
4.1 Effectiveness of Plan I, Part One Improvements ................ 31
City of Diamond Bar DKS Associates
i 40200. P94198.toc
Neighborhood Traffic Study
Figures
1-1 - Study Area Map ............................................. 2
2-1 - Plan I, Part One Improvements ....................................
5
2-2 - License Plate Survey Locations ...................................
7
2-3 - Percentage of Cut -through Traffic .................................
11
2-4 - Percentage of Cut -through Traffic .................................
12
2-5 - Percentage of Cut -through Traffic .................................
13
2-6 - Percentage of Cut -through Traffic .................................
14
_ 2-7 - Removal of Red Curbing .......................................
17
2-8 - School Area Signs ...........................................
20
2-9 - Average Daily Traffic and Turning Movement Counts ....................
24
_ 2-10 - Traffic Choker .............................................
26
3-1 - Neighborhood Responses by Street Name ............................
29
3-2 - Results of Questionnaire ........................................
30
Tables
2-1 - Percentage of "Cut -Through" Traffic ............................... 8
2-2 - Country Hill Towne Center Driveway Volumes ........................ 10
2-3 - Trip Generation Comparison ..................................... 22
4-1 - Effectiveness of Plan I, Part One Improvements ........................ 34
City of Diamond Bar DKS Associates
ii 40200. P94188.toc
Executive Summary
DKS Associates was retained by the City of Diamond Bar in January 1995 to assess existing traffic
conditions in the neighborhood study area and develop an action plan for improvements to deter
speeding and "cut -through" traffic in the neighborhood. The project study area is bounded by
Pathfinder Road, Brea Canyon Road, and Diamond Bar Boulevard.
In the original Neighborhood Traffic Management Study, dated November 6, 1995, DKS
Associates made recommendations to address traffic issues in the study area. These issues were
brought to the City's attention by soliciting input from residents by mail questionnaires and
workshops. DKS in conjunction with the City developed two separate traffic questionnaires and
mailed them to approximately 700 homes and businesses in the study area in the Spring of 1995.
These two questionnaires and neighborhood workshop meetings were used as a tool to help the
City and DKS Associates determine what type and where traffic problems exist in the study area.
The Neighborhood Traffic Management Study's recommendations took a phased approach in
order of extent and cost of improvements. Two phases were presented in the study. Phase I was
a less costly approach and Phase II was a more costly approach to improve traffic in the study
area. Phasing of these traffic control improvements was necessary because it is very difficult to
predict what impacts on travel patterns the various improvements will have on the area.
- The City has implemented Plan I, Part One of the original study recommendations. Plan I is a
two-part plan that will be used to deter speeding and decrease "cut -through" traffic in the study
area. Part One of this plan was an action plan that addressed many of the traffic operation
- problems that occur in the study area. The types of measures that were proposed included traffic
signs, pavement markings, and striping. Part One also included further multi -way stop -sign
warrant studies at the intersection of Fountain Springs Road at Castlerock Road, Fountain Springs
Road at Brea Canyon Road, Fountain Springs Road at Sunbright Drive, Brea Canyon Road at
Cool Springs Drive, Evergreen Springs Drive at Sunbright Drive, and Cold Spring Lane at
Castlerock Road. It also included installing "No Commercial Trucks" signs on Fountain Springs
Road and prohibiting parking on Evergreen Springs Drive near Diamond Bar High School.
This report contains an evaluation of all the improvements that have been installed under Plan I,
Part One of the initial neighborhood traffic study. It also includes the results of a subsequent
license plate and video survey conducted in May 1996. The purpose of the license plate survey
is to determine the percentage of "cut -through" traffic in the neighborhood study area. Also, a
City of Diamond Bar DKS Associates
ES -1 40200. P94198. rpt
Neighborhood Traffic Study
follow-up questionnaire was mailed to the residents and businesses to determine if traffic
-- conditions in the neighborhood have improved_
Based on the results from the follow-up questionnaire the majority of the residents and businesses
-- feel that traffic conditions have improved after the installation of Plan I, Part One improvements.
Based on our professional opinion and having monitored the traffic flow patterns in the
neighborhood, we concur that traffic conditions have improved in the study area due to Plan I,
Part One improvements and that those recommendations reached their intended mitigation.
City of Diamond Bar DKS Associates
ES -2 40200. P94198. rpt
1. Introduction
This report presents the results of an evaluation for the effectiveness of traffic related
improvements done to the Heritage Tract area in the City of Diamond Bar. The study area is
bounded by Diamond Bar Boulevard, Pathfinder Road, and Brea Canyon Road as shown in Figure
1-1. These improvements were the result of recommendations made to traffic concerns identified
in the Neighborhood Traffic Management Study prepared by DKS Associates, November 1995.
The primary concerns identified by residents were cut -through traffic, speeding, and
neighborhood/school related traffic.
For the initial traffic study, DKS Associates gathered field data and other pertinent information
from the neighborhood study area. Also, DKS Associates in conjunction with the City mailed two
separate traffic questionnaires to residents in early 1995. Also, a steering committee comprising
neighborhood citizens, City staff, and DKS Associates was initiated at the first of two
neighborhood workshops held in April 1995. The purpose of these workshops were to develop
a recommended action plan for the study area. There were two mitigation plans developed for this
study area.
The November 1995 recommendations took a phased approach in order of extent (and cost) of
improvements. Phasing of these traffic control improvements was necessary because it is very
difficult to predict what impacts on travel patterns these various improvements will have on the
area.
Plan I has two parts. Part One of Plan I is an action plan that addressed many of the traffic
operational problems in the study area. The measures that were in Part One are as follows:
1. Conduct further multi -way stop -sign warrants at the intersections of Fountain Springs
Road/Castlerock Road, Cold Spring Lane/Castlerock Road, Evergreen Springs
Drive/Sunbright Drive, Fountain Springs Road/Brea Canyon Road, Fountain Springs
Road/Sunbright Drive, and Brea Canyon Road/Coot Springs Drive;
2. "No Commercial Trucks" signs on Fountain Springs Road at Brea Canyon Road and
westerly of the Country Hills Towne Center driveway, on Cold Spring Lane east of Brea
Canyon Road and westerly of Diamond Bar Boulevard;
City of Diamond Bar DKS Associates
40200. P94198.rpt
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Neighborhood Traffic Study
3. "No Left -Turn" sign at the driveway of Country Hills Towne Center on Fountain Springs
Road;
4. "No Parking, Loading Only," signs in front of Castlerock Elementary School;
5. "No U -Turn" signs at the intersection of Evergreen Springs Drive at Birch Hill Drive and
at Lost River Drive;
6. "No Parking, 7:00 A.M.-3:00 P.M., School Days Only" signs on both sides of Evergreen
Springs Drive between Pathfinder Road and Birch Hill Drive;
7. "No Parking Anytime" signs and red curbs along Fountain Springs Road from Diamond
Bar Boulevard to Crooked Creek Drive. Red curbs along curve locations at Choctaw
Drive, Rising Star Drive, Silver Cloud Drive, Harmorry Hill Drive, and Hidden Pines Drive.
Painting double yellow line striping on Cold Spring Lane from Diamond Bar Boulevard to
Castlerock Road and at curve locations at Choctaw Drive, Rising Star Drive, Silver Cloud
Drive, Hidden Pines Drive, Harmony Hill Drive, and Birch Hill Drive.
Multi -way stop -sign warrant analyses were conducted at the intersections of Fountain Springs
Road/Castlerock Road, Cold Spring Lane/Castlerock Road, Evergreen Springs Drive/Sunbright
Drive, Fountain Springs Road/Brea Canyon Road, Fountain Springs Road/Sunbright Drive, and
Brea Canyon Road/Cool Springs Drive in March 1996.
Based on the results of the multi -way stop -sign warrant analyses, stop -signs were installed at 1)
Fountain Springs Road/Castlerock Road, 2) Cold Spring Lane/Castlerock Road, 3) Fountain
Springs Road/Brea Canyon Road, 4) Fountain Springs Road/Sunbright Drive, and 5) Brea Canyon
Road/Cold Spring Lane in April/May 1996.
City of Diamond Bar DKS Associates
3 40200. P04198.rpt
2. Evaluation of Improvements
This chapter will discuss the effectiveness of the installed improvements. Discuss the results of
a license plate and video survey to determine the percentage of "cut -through" trips in the study
area, and a red curb "no parking" evaluation of the Fountain Springs Plaza commercial building
located on the southwest corner of Fountain Springs Road and Diamond Bar Boulevard.
2.1 Implemented Plan I, Part One Improvements
On January 9, 1996, the City Council adopted a Resolution 96-02 to implement Part One of Plan
I improvements of the Neighborhood Traffic Management Study. Plan I of Part One
improvements have been implemented as of mid April 1996. Figure 2-1 depicts the location and
what type of improvements have been implemented.
-- Thus far, the most complaints of the installed improvements have focused on two items. The first
is the "No Left -Turn" sign at the Country Hills Towne Center driveway on Fountain Springs Road
and the prohibition of parking (red curb) on the south side of Fountain Springs Road from
-- Crooked Creek Drive to Diamond Bar Boulevard. On March 20, 1996, the Department of Public
Works temporarily covered the "No Left -Turn" sign at Country Hills Towne Center due to the
number of complaints the City received by the residents. Based on questionnaire and input
received by City staff, the majority of the residents indicated that the "No Left -Turn" sign is a
major inconvenience.
Another concern is the prohibition of parking (red curbing) on the south side of Fountain Springs
Road from Crooked Creek Drive to Diamond Bar Boulevard. At the March 14, 1996 Traffic &
Transportation Commission meeting, the property owner of Fountain Springs Plaza, located at
the corner of Fountain Springs Road at Diamond Bar Boulevard contended that the red curb on
the south side of Fountain Springs prohibits his customers from utilizing Fountain Springs Road
as additional parking for his facility.
Other concerns by residents were primarily in regards to school traffic at the intersection of
-- Evergreen Springs Drive at Birch Hill Drive near Pathfinder Road and the disregard of the "No
Parking, 7:00 A.M.-3:00 P.M., School Days Only" signs along Evergreen Springs Drive near the
east school entrance.
City of Diamond Bar DKS Associates
4 40200. P94198. rpt
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2.2 License Plate Survey
The objective of the license plate survey was to quantify the magnitude of "cut -through" trips
_ crossing from an entrance point to an exit point in the neighborhood study area. It should be
noted that our definition of a "cut -through" trip is a vehicle using a particular street as a "short-
cut" to by-pass an adjacent congested arterial or intersection. A neighborhood related trip, as
opposed to a "cut -through" trip, would be for example, a vehicle traveling to a school or shopping
center from within the neighborhood or an adjacent neighborhood as a point of origin. The license
plate survey was conducted at seven principal locations in the study area as shown in Figure 2-2.
The survey was conducted on Thursday, May 9, 1996 during the morning, afternoon, and evening
peak hours. Also, a weekend day peak hour (Saturday, May 11, 1996) was surveyed. The license
plate number was recorded for each inbound and outbound vehicle that passed through the survey
location. A license plate number match was then performed comparing the license plate numbers
entering one survey location and exiting the next adjacent survey location. If a vehicle was noted
entering at one survey point and exiting at the next adjacent point then this vehicle trip is assumed
to be a "cut -through" trip. A license plate number that was recorded once and not recorded again
was assumed to have originated or completed a trip within the neighborhood study area. Table
2-1 summarizes the total volumes, assumed "cut -through" trips, and "cut -through" trip
percentages that were determined to have traveled through the study roadway.
As illustrated in Table 2-1, the streets that have the most significant "cut -through" trips were Cold
Spring Lane, Evergreen Springs Drive, and Fountain Springs Road. The highest recorded "cut -
through" trips occurred along Fountain Springs Road during the morning peak hour. One
hundred -eighty-nine (189) out of a total of 438 vehicle trips were "cut -through" trips on Fountain
Springs Road. The result translates to 43% of traffic traveling west on Fountain Springs Road are
"cut -through" trips. Our field observations indicate that a majority of these "cut -through" trips
are attributed to parents and high-school age kids driving to Diamond Bar High School. Figures
2-3 through 2-6 depict the percentage of cut -through trips for the recorded time periods.
Entering and exiting traffic using the Country Hills Towne Center driveway at Fountain Springs
Road was counted during the license plate survey. Table 2-2 illustrates the number of entering
- and exiting vehicles at the driveway and the percentage of traffic and direction they came from.
The highest number of trips using the Country Hills Towne Center driveway occurred during the
Saturday 12:00 P.M. -1:00 P.M. count. A total of 329 vehicles entered and exited the driveway.
Forty percent (40%) of the 329 vehicles used Brea Canyon Road and the rest of the traffic (60%)
used Diamond Bar Boulevard. DKS staff observed the number of commercial/delivery trucks using
the Country Hills Towne Center driveway onto Fountain Springs Road during the license plate
survey. Three commercial/delivery trucks exited the Center's driveway and exited the
neighborhood via Diamond Bar Boulevard during 6:45-7:45 A.M. hour. Two commercial/delivery
trucks were seen exiting the Country Hills Towne Center driveway between the 2:15-3:15 P.M.
hour and no trucks were observed during the 4-5 P.M. hour. Staff did not see any
commercial/delivery trucks using Fountain Springs Road and Brea Canyon Road as a "cut -through"
route to the shopping center during the license plate survey.
City of Diamond Bar DKS Associates
R 40200. Peat 98. rpt
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Through Traffic From
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F;PtI Irc i—F,
Neighborhood Traffic Study
2.3 Red Curb Parking Evaluation at Fountain Springs Road
As part of the mitigation measures of Plan I, Part One, DKS Associates recommended that "No
Parking Anytime" signs and painting the existing curbs red along the south side of Fountain
Springs Road from Diamond Bar Boulevard to Crooked Creek Drive. This is approximately 330
feet of red curb. The red curbing and "No Parking Anytime" signs were installed for safety and
sight distance purposes for the safe operation of the traffic signal on Diamond Bar Boulevard at
Fountain Springs Road and the driveways at Country Hills Towne Center and Fountain Springs
Plaza. After the red curbing was installed, the owner of Fountain Springs Plaza requested that the
City remove the red curbing because his parking lot does not have a sufficient amount of parking
spaces to accommodate tenants and clientele. He contended that his tenants use Fountain Springs
Road for parking because at certain peak times of the day there are no available parking spaces
on his lot.
City staff conducted its own study to see if there were parking space deficiencies at Fountain
Springs Plaza. For a two-week period City staff observed the amount of cars parked at the facility
during the hours from 10:00 A.M. to 4:00 P.M.. Staff observed a range from 6 to 12 available
parking spaces during their observations. City staff also presented a report documenting their
- findings to the Traffic and Transportation Commission. This matter was referred to the City's
Planning Commission.
On June 4, 1996, the City Council received a recommendation from the Traffic and Transportation
Commission that a portion of the red curbing on the south side of Fountain Springs Road be
removed. This portion runs from the centerline of Crooked Creek Drive to the Country Hills
Towne Center driveway, which is approximately 90 feet. Red curbing would still be maintained
from the Country Hills Towne Center to the Fountain Springs Plaza driveway. This distance is
approximately 240 feet. The City Council then referred this matter to the Planning Commission.
On June 24, 1996, the Planning Commission held a meeting to discuss the parking issue and
requested that the owner of the Fountain Springs Plaza conduct a detailed parking study to
substantiate his contention that he has a parking problem. The owner hired Daniel Benson &
Associates to conduct a parking study of the site. The results of the study indicated that the site
has a parking deficiency of approximately six vehicles during their peak hour and recommended
two alternatives. The first, is to remove the red curbing along Fountain Springs Road and make
it a green loading zone area with a time limit and the second alternative was to remove the red
curbing to allow employee parking.
Upon further site investigation, DKS Associates agrees to remove approximately 100' more red
curbing to allow parking. This will allow five more vehicles to park along Fountain Springs Road
without compromising the safety of traffic exiting the Plaza driveway and traffic entering Diamond
Bar Boulevard. This removal is approximately 100 feet more than what was originally agreed
- upon by the Traffic and Transportation Commission. Figure 2-7 depicts the existing red curb and
the proposed removal of red curbing. Five more parking spaces will be gained by this removal of
red curbing.
City of Diamond Bar DKS Associates
15 40200. P84188.rpt
Neighborhood Traffic Study
The red curbing along curve locations at Choctaw Drive, Rising Star Drive, Silver Cloud Drive,
Harmony Hill Drive, and Hidden Pines Drive have been effective in prohibiting vehicles from
parking along these curves. By restricting vehicles from parking along the curves, adequate street
width is maintained and potential vehicle conflicts between oncoming vehicles are eliminated.
City of Diamond Bar
16
DKS Associates
40200.P841 as.rpt
AKS Assoaates
Not to Scale
DIAMOND BAR BLVD
xisting Re
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City of Diamond Bar
Red Curb Recommendations
On Fountain Springs Road
c-. .-- 0-7
Neighborhood Traffic Study
2.4 School Area Vehicle/Pedestrian Circulation
An evaluation of pedestrian and vehicle circulation of the three existing schools was made by
observing the schools at the beginning and ending times of the school day. All traffic control
devices such as school pedestrian crosswalk signs, pavement markings, and crossing guards were
noted during our field review. Figure 2-8 depicts where the school crosswalks and school related
signs are located. It should be noted that school crosswalk lines are painted yellow.
The Caltrans Traffic Manual states that a pedestrian crosswalk may be painted yellow if either (a)
_ the nearest point of the crosswalk is not more than 600 feet from a school building or the grounds
thereof, or (b) the nearest point of the crosswalk is not more than 2,800 feet from a school
building or the grounds thereof, and there are no intervening crosswalks other than those
contiguous to the school grounds.
Diamond Bar High School
Diamond Bar High School is located on the southeast corner of Pathfinder Road at Brea Canyon
Road. School hours are from 7:25 A.M.-2:25 P.M., Monday through Friday. There are
approximately 2,500 students enrolled at the school.
The left -turn out movement of the three driveway exits onto Pathfinder Road is prohibited during
school hours. A "School Bus Only" entrance is located on Brea Canyon Road and one staff
entrance is located on Evergreen Springs Drive. There is no student "drop-off' lane on Pathfinder
Road in front of the school. Therefore many parents choose to drop-off students at the Evergreen
Springs Drive entrance then proceed to make a "U -Turn" at Birch Hill Drive to get back onto
Pathfinder Road. Field observations indicate that most students that use the crosswalks at
Pathfinder Road/Evergreen Springs Road intersection obey the pedestrian signals. Field
observations of the effectiveness of the installed "No Parking -7:00 A.M.-3:00 P.M." signs are only
obeyed when law enforcement is in the area.
Evergreen Springs Elementary School
Evergreen Springs Elementary School is located at the corner of Evergreen Springs Drive and
Castlerock Road. School hours are from 8:50 A.M.-3:05 P.M., Monday through Friday for
Grades 1 through 5. Kindergarten has an early and a late session. These sessions are from 8:50
A.M.-12:30 P.M., Monday through Thursday, from 9:50 A.M.-1:45 P.M., Monday through
Thursday, and Fridays 8:50 A.M.-12:10 P.M. There are approximately 700 students enrolled at
the school.
Two driveway entrances front on Evergreen Springs Drive. The north driveway entrance is
blocked by school buses in the afternoon. Parents are only allowed to use the south driveway
entrance to pick up their children in the afternoon. DKS staff observed that parent's vehicles
queue from the parking lot onto Evergreen Springs Drive causing a virtual gridlock when school
ends in the afternoon. A crossing guard is located at the intersection of Harmony Hill Drive and
Evergreen Springs Drive and Pathfinder Road at Evergreen Springs Drive to help elementary
school children cross the street safely.
City of Diamond Bar DKS Associates
is 40200. P94198. rpt
Neighborhood Traffic Study
Castlerock Elementary School
Castlerock Elementary School is located along Castlerock Road between Bronco Lane and Cool
Springs Drive. School hours are from 9:00 A.M.-3:15 P.M., Monday through Friday for Grades
1 through 6. Kindergarten session hours are from 9:00 A.M.-12:20 P.M., Monday through
— Friday. There are approximately 700 students enrolled at the school.
School pedestrian crosswalks are located at Cold Spring Lane at Castlerock Road, Cool Springs
Drive at Castlerock Road, and at Brea Canyon Road at Cold Spring Lane. Crossing guards are
also at Cold Spring Lane at Castlerock Road and Brea Canyon Road at Cold Spring Lane.
— Our field review at the time the schools begin and end show that traffic circulation is heavy, but
the peak of congestion is only for a short period of time. The time of congestion occurs normally
in a fifteen to twenty minute window at the start and end time of the school day.
Diamond Bar High School begin and end times do not overlap with the begin and end times of
Evergreen Springs Elementary School so there are no conflicts between Diamond Bar High School
traffic and Evergreen Springs Elementary School traffic. Castlerock Elementary school traffic
does not conflict with either Diamond Bar High School traffic and Evergreen Springs Elementary
School traffic because Castlerock Elementary School's location.
Based on our field review of the existing traffic control devices near all three schools, all school
related signs and pavement markings are in accordance with Traffic Engineering standards such
as the Caltrans Traffic Manual and the Federal Highway Administration's (FHWA), Manual on
Uniform Traffic Control Devices (MUTCD). A review of traffic accident data of the last five -
years revealed that there were no school pedestrian related accidents in the study area. The traffic
and pedestrian patterns around these schools do not appear to present a safety concern. However,
some of the through traffic in the subject neighborhood is associated with the schools.
City of Diamond Bar
19
DKS Associates
40200. P94198.rpt
Z
O
N
A
�_
Neighborhood Traffic Study
2.5 Trip Generation of Neighborhood Study Area
A quantitative but less accurate method of determining the amount of "cut -through" trips is by
calculating the expected trip generation in the study area. The expected trips generated by the
study area are compared to the actual average daily 24 hour traffic in the study area.
There are approximately 700 homes in the Heritage Tract study area. A single family dwelling unit
is expected to generate ten trips per day. This assumption is based on the Institute of
Transportation Engineer's (ITE) Trip Generation Manual, Fifth edition, 1991. Based on this
assumption, the Heritage tract is expected to generate 7,000 vehicle trips per day. The City's
actual daily traffic count of all the streets in the study area is approximately 10,300 vehicles per
day. This figure was determined by summing all of the current average daily traffic volumes on
_ each street based current traffic data (1996-1994).
The number of daily trips generated by the shopping center is 9,890 trips per day based on ITE's
trip generation rates. This number is based on the actual square footage of the Country Hills
Towne Center which is 171,200 square feet. The Fountain Springs Plaza generates approximately
625 trips per day based on the 10,800 square foot facility. When school is in session, Diamond
-- Bar High School generates about 3,000 vehicles per day (2,500 students), Evergreen Springs
Elementary generates 765 vehicles per day (700 students), and Castlerock Elementary generates
765 vehicles per day (700 students). All of these figures are based on ITE's trip generation rates.
Table 2-3 below illustrates the number of daily trips generated by the existing homes, shopping
center, and schools combined in the study area based on ITE's rates and compares it to the actual
daily trips in the study area.
It should be noted that the difference between the expected daily trips and the actual daily trips
does not give the actual "cut -through" traffic in the study area. Drivers may enter and exit the
shopping center on Diamond Bar Boulevard and enter and exit Diamond Bar High School on
Pathfinder Road. In conclusion, the actual total number of trips in the neighborhood study area
are less than the expected number of trips per ITE's figures.
City of Diamond Bar DKS Associates
21 40200. P94198.rpt
Neighborhood Traffic Study
Average daily traffic volumes and turning movement counts at selected locations are depicted on
Figure 2-9.
2.6 Roadway Capacities of Residential Streets
The capacity of a roadway is measured by the maximum number of vehicles that can pass over that
Particular segment of roadway in 24 hours. The capacity of a roadway is affected by a number of
factors including roadway type, street and lane widths, number of travel lanes, number of crossing
roadways, signal cycle length, absence or presence of on -street parking, number of driveways,
pavement conditions and terrain.
The City of Diamond Bar's General Plan Circulation Element has an established roadway capacity
for all of the streets in the City. The City's capacity for residential streets is 2,500 vehicles per day
and 10,000-20,000 vehicles per day (two to four lanes) for collector streets. Collector streets are
intended to carry traffic between residential neighborhoods and major arterial streets. Local
residential streets are designed to serve adjacent residential land uses only.
Many research studies have been conducted to determine what is the acceptable capacity of a
residential street. However, speed of traffic is one of the primary factors that residents believe is
the most crucial for the livability of a street.
The maximum residential traffic volume which is acceptable to persons living along the street may
vary from one street to another depending upon roadway width, type of dwelling units (i.e. high
City of Diamond Bar DKS Associates
22 40200. P94198. rpt
Neighborhood Traffic Study
density versus single family homes), presence of schools and other factors. The maximum volume
of 2,500 per day is, therefore, to be used as a guideline only, and sensitivity to the neighborhood
and its impact needs to be carefully considered.
The City's Circulation Element designates Castlerock Road, Cold Spring Lane, Evergreen Springs
Drive, and Fountain Springs Road as Residential Collectors. Based on the present 24 hour traffic
volumes on these four streets, none of these streets are over capacity.
City of Diamond Bar DKS Associates
23 40200.P94198.rpt
43/32 --�
248/1369 --
Neighborhood Traffic Study
2.7 Traffic Chokers
Plan I, Part Two of the Neighborhood Traffic Management Study recommended the installation
of traffic chokers on Fountain Springs Road and Cold Spring Lane. As was mentioned in the
Neighborhood Traffic Management Study report, a choker is a device that physically narrows the
street to reduce the width of the traveled way. A choker is usually made of concrete curb and
gutter. The permanent installation of a choker requires revisions in existing street curblines,
sidewalks, and drainage facilities as well as provisions for bicycle travel and landscaping, all of
which add to the expense of installation. The cost of the installation of a traffic choker is
approximately from $4,000 to $10,000 per location.
The positive aspects of a choker include slowing down traffic in the vicinity of the choker and
sight distance is improved by restricted parking at the choker. Negative aspects of the choker
include the creation of a potential obstacle for a motorist to run into, increased emergency vehicle
response times and potential negative impacts to residents living adjacent to the actual device.
Figure 2-10 depicts a typical traffic choker.
According to the Institute of Transportation Engineers (ITE), "Residential Street Design and
Traffic Control" manual, traffic chokers reduce the traffic volume only when they reduce the
number of lanes of travel or add significant travel time to a considerable length of street.
_ Law Enforcement and Government Policies and Opinions of Traffic Chokers
The City contacted the County of Los Angeles Fire Department to solicit their input and
comments of the installation of traffic chokers on residential streets. The Fire Department had
serious concerns of using traffic chokers and strongly oppose their installation. The Department
said that the installation of traffic chokers would delay response times in the neighborhood and this
would be detrimental to public safety. The Fire Department mentioned that at the time the
Heritage Tract map was recorded it was based on the Los Angeles County Code Title #21,
Subdivision Ordinance Access Requirements. If traffic chokers are installed, the streets would no
longer comply the requirements of the ordinance.
The County of Los Angeles Sheriffs department does not have a written policy on traffic chokers
and/or speed humps. Their opinion is similar to that of the use of speed humps. The Sheriffs
Department believes traffic chokers won't interfere with response time, and like speed humps,
chokers will probably not have a significant lasting impact on the speed of vehicles.
The City of Diamond Bar's Planning Department conducted an investigation to see if the
installation of traffic chokers on residential streets is consistent with the goals of the City's General
Plan. Planning staff findings were that the installation of traffic chokers are consistent with the
General Plan. Reference is made to:
Goal 1: Consistent with the Vision Statement, enhance the environment of the City's street
network. Work toward improving the problems presented by the intrusion of regionally
oriented commuter traffic through the City and into residential neighborhoods. Consider
_._ programs to reinforce the regional transportation and circulation system to adequately
City of Diamond Bar DKS Associates
26 40200. P94188. rpt
!>KS /Associates
Crivewoy
F6.dwg
r
,ie Stripe
:,propriate Warning Sign
Traffic Choker
Figure 2-10
Neighborhood Traffic Study
accommodate regional need,. Objective 1.3.1: Maintain the integrity of residential
neighborhoods Discourage through traffic, and Strategy 1.2.1: Prepare programs for traffic
control measures including but not limited to, additional stop signs at problem intersections,
timing of signals, and regulation of speed limits.
The Planning Department indicated that the installation of traffic chokers and other related traffic
control devices are Categorically Exempt from the provisions of California Environmental Quality
Act (CEQA) guidelines.
When mitigation measures were developed for the original Neighborhood Traffic Study speed
— humps were not considered because the City did not have a policy for the installation of speed
humps or any other related traffic control devices. Since then, the City has established a "No
Speed Hump" policy that was voted on by the Traffic & Transportation Commission on July 25,
-- 1996. Appendix A contains the minutes of the July, 25 1996 Traffic & Transportation
Commission meeting.
City of Diamond Bar DKS Associates
27 40200.P941 es.rpt
3. Neighborhood Questionnaire
This chapter discusses the results of the "follow-up" neighborhood questionnaire that was mailed
to residents in the Heritage Tract study area in June 1996.
3.1 "Follow-up" Questionnaire Results
DKS Associates in conjunction with City staff developed a "follow-up" questionnaire to solicit
residents if the recent installation of traffic control devices have helped improve the traffic
conditions in Heritage Tract. Approximately 705 questionnaires were mailed to residents and
businesses in the study area. One hundred -sixteen (116) questionnaires were returned to the City
which corresponded to a 16.5% return rate. The questionnaire asked residents if traffic conditions
have improved in the neighborhood after the installation of traffic control devices and also asked
other specific questions such as the desire to keep the "No Left -Turn" sign at the Country Hills
- Towne Center driveway exit at Fountain Springs Road. DKS Associates contacted the Country
Hills Towne Center management company regarding the "No Left -Turn" sign installation. The
management company was initially not opposed to the installation of the sign, but after the sign
was posted, they received numerous complaints from customers requesting that the sign be taken
down.
The results of the questionnaires indicate that a majority (83%) of the residents believe that traffic
conditions have improved in the study area after the installation of Plan I, Part One improvements.
Eighty-five percent (85%) of the questionnaire respondents want to see the "No -Left Turn" sign
at Country Hills Towne Center driveway exit at Fountain Springs Road be removed permanently.
Also, 71 percent (71%) of the respondents would like to see multi -way stop signs installed at the
intersections of Brea Canyon Road at Cool Springs Drive and Fountain Springs Road at Sunbright
Drive. Multi -way stop signs have been recently installed at these two locations.
Other comments by respondents was the desire to see more law enforcement in the Diamond Bar
High School area before school begins and after school ends to enforce the speed limit and other
traffic related infractions such as the failure to regard the "No U-turn" signs at Birch Hill Drive
and Lost River Drive on Evergreen Springs Drive. Figure 3.1 depicts neighborhood responses by
street name. Figure 3-2 depicts the final results of the questionnaire and a copy of the cover letter
and the questionnaire are included in Appendix A.
City of Diamond Bar
28
DKS Associates
40200. P94198. rpt
0
�te
t 1;-4. B,t hal-u C.'.
! _ ,,, 'ICluc'!! 1 ins. 1t ��c. ,lnd llarmorl,
:tr�. ���� I . turn �i<.�;i, 2t Lver,
at Diamond B,lr 11.g.1 School
front of CaWieroc; Elementary Schoo;
l:�h) on i,owi ain Span,: Road and Castlerock Ro.d.
r 1,11 1 nrck' signs on Fountain Springs Road and Castlerock Roar.
arn.ng" sign; on Cold Spring Lane and Castleroc!- Drive.
till -1; D %i nhill Speed" warning s gns on Evergreen Springs Drive.
3. Du voc. bzlIC%< of multi -way stop -signs will reduce speeding and "cut-throughtraffic at the
following loamon
Yes 77 (71%) No 32 (29%) Brea Canyon Road/Cool Spring Lane intersection.
Yes 75 (71%) No 31 (29%) Fountain Springs Road/Sunbright Drive intersection.
4. Do you want the "No Left -mm" sign back in place at the driveway located on Fountain Springs Drive at the
Country Hills Towne Center.
Yes_ 11 (9%) No 99 (85%) 6 (6%) -No Response
Figure 3-2
4
4. Findings and Conclusions
This chapter discusses the effectiveness the traffic control devices that have been implemented in
the Heritage Tract study area.
4.1 Effectiveness of Mitigation Measures
The following are our observations of the effectiveness of each mitigation measure implemented
under Plan I, Part One of the Neighborhood Traffic Study:
1. Conduct further multi -way stop -sign warrants at the intersections of Fountain Springs
Road/Castlerock Road, Cold Spring Lane/Casdlerock Road, Evergreen Springs
Drive/Sunbright Drive, and Fountain Springs Roa&Brea Canyon Road, Fountain
Springs Road/Sunbright Drive, and Brea Canyon Road/Cool Springs Drive,
Multi -way stop signs have been installed at Brea Canyon Road/Fountain Springs Road, Castlerock
Road/Fountain Springs Road, Castlerock Road/Cold Spring Lane, Fountain Springs
Road/Sunbright Drive, and Brea Canyon Road/Cool Springs Drive. These locations met the
criteria for the installation of multi -way stop signs. Evergreen Springs Drive/Sunbright Drive did
not meet the criteria due to the low traffic volume on Sunbright Drive.
Based on the response from the questionnaires, all of the multi -way stop sign installations have
been very favorable.
2. "No Commercial Trucks" signs on Fountain Springs Road at Brea Canyon Road and
westerly of the Country Ildl Towne Center driveway and on Cold Spring Lane at Brea
Canyon Road and at Diamond Bar Boulevard;-
There
oulevard;
There has been some debate by residents of the effectiveness of these signs. DKS Associates
contacted the Country Hills Towne Center and they have assured us and the City that trucks
City of Diamond Bar DKS Associates
31 40200. P94198.rpt
Neighborhood Traffic Study
delivering goods to the center utilize Brea Canyon Road, Pathfinder Road, and Diamond Bar
Boulevard. During our field observations, no trucks were observed using Fountain Springs Road
as a by-pass route to Brea Canyon Road and beyond.
3. "No Left -Turn" sign at the driveway of Country Hills Towne Center on Fountain
Springs Road;
• IQ111,• 1111 - 1 I • • 1
The purpose for the installation of the "No Left -turn" at this driveway was to deter traffic from
using Fountain Springs Road as a "cut -through" route to Brea Canyon Road and beyond. After
the City installed this sign, many residents did not like the inconvenience of this sign whatsoever.
Based on the number of complaints the City was receiving, they decided to cover the sign
temporarily until this study was done. Based on the questionnaire response, an overwhelming
majority want to see the "No Left -turn" sign removed permanently.
4. "No Parking, Loading Only, " signs in front of Castlerock Elementary School;
• • �L- •1111-1•• 14 53 F1
Field observations indicated that these signs have been effective at this location. No comments
were made by residents in the questionnaires.
S. "No U -Turn" signs at the intersection of Evergreen Springs Drive, Birch Hill Drive,
and Lost River Drive;
6. "No Parking, 7:00 A.M.-3:00 P.M., School Days Only" signs on both sides of
Evergreen Springs Drive between Pathfinder Road and Birch Hill Drive;
Field observations indicated that these signs have not been as effective. Residents have
commented that students and parents disregard these signs before Diamond Bar High School lets
out. Residents have asked for more law enforcement to be in the area at these peak times to deter
these infractions.
7. "No Parking Anytime" signs and/or painting red curbs along Fountain Springs Road
from Diamond Bar Boulevard to Crooked Creek Drive and painting red curbs along
curvatures on Rising Star Drive, Crooked Creek Drive, Harmony Hill Drive, Hidden
Pines Drive at Sunbright Drive, and Sunbright Drive at Silver Cloud Drive.
Upon further site investigations and review of the Daniel Benson & Associates parking study,
DKS Associates suggests the removal of approximately 100 feet of red curbing east of the
City of Diamond Bar DKS Associates
32 40200. P94198. rpt
Neighborhood Traffic Study
Country Hills Towne Center driveway. This removal is in additon to the 90 feet already removed
by the request of the owner of Fountain Springs Plaza and approved by the Traffic and
Transportation Commission.
In conclusion, Plan I, Part One improvements have been effective. Results of the questionnaire
revealed that an overwhelming majority of the residents agree that traffic conditions in their
neighborhood have improved. Table 4-1 illustrates the effectiveness the Plan I, Part One
-- improvements. At this point we believe, Part I- Plan Two (installation of traffic chokers) and Plan
II (installation of traffic chokers and street diverters) do not need to be considered further based on
the results of the questionnaire and our observance of traffic in the study area. The installation of
stop signs in the study area have effectively reduced vehicle speeds in the neighborhood.
-- City of Diamond Bar DKS Associates
33 40200. P9419B. rpt
Neighborhood Traffic Study
Table 4-1 Effectiveness of Plan I Part One Improvements
Measure
Citizen's
Effectiveness
Response
1. Multi -way Stop Signs at six
Very Favorable
Very Effective
locations.
2. "No Commercial Trucks"
Favorable
Effective
sign on Fountain Springs Rd.
and Castlerock Rd.
3. "No Left -Turn" sign at
Unfavorable
Not Effective
Country Hills Towne Center
driveway.
4. "No Parking -Loading Only"
Favorable
Effective
sign at Castlerock School.
(Only when enforced.)
5. "No U -Turn" sign at
Favorable
Effective
intersection of Evergreen
(Only when enforced.)
Springs Dr., Birch Hill Dr.,
and Lost River Dr. near
Diamond Bar High School.
6. "No Parking, 7:00 A.M.-3:00
Favorable
Effective
P.M., School Days Only"
(Only when enforced.)
signs on both sides of
Evergreen Springs Dr.
between Pathfinder Rd. and
Birch Hill Dr. near Diamond
Bar High School.
7. "No Parking -Anytime" signs
Favorable to
Effective
and red curbing on the south
Unfavorable
side Fountain Springs Rd.
from Diamond Bar Blvd. to
Crooked Creek Dr.
8. Red curbing and double-
Favorable
Effective
yellow striping along curves
at Rising Star Dr., Crooked
Creek Dr., Harmony Hill Dr.,
Hidden Pines Dr. and Silver
Cloud Dr.
City of Diamond Bar
34
DKS Associates
40200. P"I 98. rpt
Neighborhood Traffic Study
APPENDIX A
1
1
City of Diamond Bar DKS Associates
A-1 40200. P94198.rpt
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 papa.
June 17, 1996
Subject:
i / %
a
City of Diamorid Bar
21660 E. Copley Drive, Suite 100 • Diamo,-d Bar, CA 91765-4177
(909) 860-2489 • fax: (909) 861-3117
Internet: http://www.ci.diamon,]-bar.ca.us
Neighborhood Traffic Management Study - Area Bounded By
Pathfinder Road, Diamond Bar Boulevard, And Brea Canyon
Road
Dear Diamond Bar Property Owners/Residents:
The City of Diamond Bar has retained the engineering firm of DKS Associates to
evaluate the effectiveness of implemented signing and striping improvements in the
neighborhood bounded by Pathfinder Road, Diamond Bar Boulevard and Brea
Canyon Road. The Neighborhood Traffic Management Program was initiated by the
City in response to public concern of traffic conditions on specific streets in the
neighborhood.
Two questionnaires were mailed to residents previously in the Spring of 1995.
Results of the two previous questionnaires and neighborhood workshops led to the
implementation of new traffic signs and striping improvements in January 1996. The
contents of the attached questionnaire are related to the effectiveness of the new
traffic signs and striping improvements that have been implemented.
Again, we are asking all concerned residents to complete the enclosed traffic survey
questionnaire and return it to DKS Associates (address is enclosed on the
questionnaire) prior to June 28. 1996. If you have any questions, please contact Mr.
Mario Sanchez, DKS Associates, at (714) 543-9601. Your input is very critical to
the success of this study.
Sincerely,
David G. Liu, P.E.
Deputy Director of Public Works
C:,WP60 L1ND:V AY-LT•96`\TSDKS 617
0
0
City of Diamond Bar
we Tract Neighborhood Traffic Management Study
Follow-up Questionnaire
Iva that traffic conditions in the neigborhood have improved due to the installation of traffic
stop signs, no left -turn signs, etc.) and striping (i.e. painting of red curbs etc.).
cf 1 to 5, 15 being the most effective and 1 being the least effective) how effective have the
r provements been to help traffic flow on streets within the neighborhood.
Multi -way stop sign installation at Fountain Springs Road/Castlerock Road intersection.
Multi -way stop sign installation at Cold Spring Lane/Castlerock Road intersection.
Multi -way stop sign installation at Brea Canyon Road/Fountain Springs Roadintersection.
Prohibition of parking (painting of red curbs & installation of "No Parking" signs) on Fountain
Springs Road from Crooked Creek Drive to Diamond Bar Boulevard.
Painting of red curbs and double -yellow centerline striping along curves at Rising Star Drive,
Choctaw Drive, Sunbright Drive, Hidden Pines Drive, and Harmony Hill Drive.
No parking signs at Evergreen Springs Drive and "No U-turn" signs at Evergreen Springs
Drive/BirchHill Drive intersection at Diamond Bar High School.
"No Parking -Loading Only" signs in front of Castlerock Elementary School.
Speed limit signs (25 mph) on Fountain Springs Road and Castlerock Road.
"No Commercial Truck" signs on Fountain Springs Road and Castlerock Road.
"Curve Warning" signs on Cold Spring Lane and Castlerock Drive.
"Watch Downhill Speed" warning signs on Evergreen Springs Drive.
C 3 you believe the installation of multi -way stop -signs will reduce speeding and "cut -through" traffic at
t e following locations:
es_ No_ Brea Canyon Road/Cool Spring Lane intersection.
es_ No_ Fountain Springs Road/Sunbright Drive intersection.
4. Co you want the "No Left -turn" sign back in place at the driveway located on Fountain Springs Drive at
the Country Hills Towne Center.
Yes_ No_
5. Lest the intersections you use to exit your neigborhood in the morning when you go to your place of
employment.
6. list the intersections you use to enter your neigborhood in the evening when you return from your place
of employment.
7. Indicate your street name:
and block number (e.g., 500 block):
8. Additional Comments (Please note that your name is not mandatory):
FOLD HERE
OLD HERE
Place
Stamp
Here
DKS ASSOCIATES
2700 N MAIN ST STE 900
SANTA ANA CA 92705-6636
(fasten here)
July ZS, 1994 page 3 TAT commission
Council has approved the design process of Phase
II.
C/Tamaya stated Kayor Pro Tem Huff is concerned
about the potential cost to narrow the street.
DPW/Wentz-responded that staff will consider each
alternative offered by the Commission and estimate
the costs involved.
C/Tamaya indicated that although the MRF is being
relocated, it is feasible to believe that the City
of Industry intends to develop the area at some
future date.
C/Nice suggested the Sunset Crossing Road
residents be surveyed. DPW/Wentz concurred.
Responding to Chair/Intik, DPW/Wentz stated the
intent of Phase 11 is to remove a portion of
asphalt and create a lacX of continuity between
the City's limits. Chair/istik stated that some
of the right-of-way could be vacated to make it
unavailable for connecting the two cities.
VC/Leonard stated her approval of a street median
alternative.
VC/Leonard made a motion, seconded by C/Tamaya to
request DPW/Wentz to confer with the City Manager
regarding the Commission's direction and direct.
staff to present recommendations and related costs
at the Traffic and Transportation commission's
September meeting. Without objections, the motion
was so ordered.
V1. NEW BUM11mas
71. Draft ' Speed Hump policy for the City of Dianona
Bar.
DDPW/Liu read the staff report into the record.
Staff recommends the Traffic and Transportation
Commission discuss and address the issues raised
in the report.
Chair/Istik conducted a straw poll of the
� pit
- July as,,' 1996 Page a TiT COMLOSion
Commission which resulted in VC/Leonard, C/Nice
and C/Virginkar (by proxy) being opposed to speed
humps and C/Tamaya and Chair/Istik.in favor of
speed humps with restrictions.
DDPW/Liu responded to C/Tamaya that he believes
the City of chino Hills, speed bumps were
installed by San Bernardino County.
Chair/Intik asked for public comments.
Craig Clute stated he is in favor of speed humps
with restrictions to slow the residential traffic.
He asked for the opportunity to review the City's
proposed speed hump policy.
Don Gravdahl stated that in his opinion, speed
humps are a liability and believes the City
Attorney would recommend no speed humps in Diamond
Bar.
DDPW/Liu stated the City Attorney's opinion is
that speed humps are a roadway design feature and
not a traffic control device. He advises that a
speed hump policy is dependent upon a risk
benefits analysis. Consideration would be limited
- to speed humps on streets with a grade of 5
percent or lees.
DPW/Wentz stated stair's policy is no speed humps.
The discussion concerns whether the Commission
wishes to recommend that the City Council adopt a
different policy.
C/Tamaya reiterated he favors a restricted speed
hump policy for streets of less than.5 percent
grade and with 75. percent of the community
favoring a policy with speed humps placed in
residential areas where small childron are
present. He indicated his concern that residents
should be notified prior to any installation
.taking place.
c/Nice respectfully disagreed with C/Tamaya. He
suggested that any resident who may wish to
consider a speed hump in their neighborhood be
- r
July ZS, 1995 Pago s TiT comission
provided city literature explaining the reason for
the City's "No Speed Hump" policy.
Chair/Istik stated he believes speed humps may be
- beneficial in some instances. He further stated
that the City of Pasadena has indicated the
vehicle speed has decreased by three to five miles
per hour as a result of speed hump installations.
VC/Leonard recommended "No Speed Hump" policy and
cited the potential liability and the
implementation costs. She reminded the Commission
that C/Virginkar has expressed his opposition to
the speed hump policy.
DPW/Wentz stated that.the potential liability
involving speed humps rests With the City.
C/Tamaya made a motion, seconded by Chair/Istik to
continue with the City's c=ent policy of "No.
Speed Humps". The motion passed with the
following Roll call vote:
AYES: COMMISSIONERS: C/Tamaya, Vice Chair
Leonard, C/Nice
NOES: COMMISSIONERS: Chair/Istik
ABSTAIN: COMMISSIONERS: None
•ABSENT: COMMISSIONERS: C/Virginkar
- B. Request to install a stop sign and centerline
striping at thi intersection of Morning canyon
Road and Presado Drive; and,
C. Request to install a stop sign on Minnequa Drive
at sower cascade Place.
AA/Aberra stated staff has investigated both
intersections in question and is presenting these
items to the commission for consideration under
its previously established policy.
Chair/Istik asked for public testimony.
Mr. Gravdahl reiterated his request for a stop
sign on Minnequa Drive at Bower Cascade Place. He
indicated that in his opinion, potential exists
for a fatal accident at the intersection.
�(�avasaaasrMas.esaaa aaa=arasaaar.maasrs��ssr.e=n==scaonasa+aaraaaa.�aam3saws
TT CITY OF DIAMOND BAR
TRAFFIC AND TRANSPORTATION COXXISBYON
KZXORAIMUM
17r=3=tea=3aSf.�ate�A�a��sa�=srr�S: �faria=s.�s��ssassi=3saa�r�t��sYsflS���Si�rrsatsO
DATE: July 19, 1996
MEETING DATE: July 25, 1996
TO2 Chairman and Members of the Traffic and
Transportation Commission
VIA: George A. Wentz, City Engineer/ Director of Public Works
FROM: David G. Liu, Deputy Director of Public Works
Teeday Aberra, Administrative Assistant. .
SUBJECT: Draft Speed Hump Policies for the City of Diamond Bar
The Department of, Public Works has received requests for speed humps as
mitigation measure for speeding on residential streets. To date, the City of
_ Diamond Bar's practice has been to not install speed humps on any public
streets. on March 14, 1996, the Traffic and Transportation Commission
received and discussed the speed hump policies of the cities of Pasadena,
Chino Hills, and Walnut (see 'attached staff report and Minutes). Included
within the City of Chino Hills' comprehensive study is the comparison of the
-policy criteria of the cities of Los Angeles, San Diego, Calabasas, Agoura
Hills, Pasadena, Thousand Oaks, Westlake village, and the County of Los
Angeles (Table 1). In addition, attached for your information is the survey
conducted by the City of Chino. Hills regarding the installation of speed
humps (Table 2) . After the Commission discussed the matter of speed humps on
March 14, 1996, staff was requested to bring back a draft speed hump policy
for the City. T. e a..,:. .� - a:.� �: v--2 w,. T
N.f-( t dk . A, r�Y H1"[ Ir.... �"'P r +�-« �..`•i cu. «.,�` 3� Gt'r•TJ ,
Q '• ' :i i'Y':; rt Ny!
In establishing a speed hump policy for the City of Diamond Bar, the policies
of the cities of Pasadena, Chino Hills, and Walnut* were utilized ;as ,a
foundation. The .City of Pasadena's policy is to continue to install,,.speed
humps, provided the requirements for said installation are met.- The City
Council Of the City of Chiho hills declined to adopt a policy sof "No
Additional Speed Humps" and a policy and procedures that would guide the
installation of speed humps. on January 11, 1995, the City of Walnut adopted
a policy/procedure for installing speed humps.
The opinions or comments of the Los Angeles county Sheriff and. Fire
Departments were solicited. The Los Angeles county -sheriff -Department has
responded that the Department has no written policy about speed humps (see
attached correspondence). They do not promote the installation of humps,
although there .is no objection to their installation. In their finding,'the
impact of humps on speeding is temporary. The Fire Department, on the other
hand, indicated speed humps have a negative impact upon their response time
and speed of the, fire apparatus, paramedic rescue squads and ambulance
services. However, if the City of Diamond Bar Is considering installing
/e1a Two
Humps
19, 1996
humps, they requasted that the humps be an alternate mitigation tneasure3
that the Fire Department have an opportunity to review and approve the hump,
that the'humpa be clearly signed/marked and visible, and the installati(
-follow the guidelines discussed in the November 1993 AWPA Reporter (so
attached correspondence).
The City Attorney's office pointed out .various issues related to t:
installation of speed humps. According the City Attorney Office
experience, the concerns most expressed are that humps decrease the responi-
time for emergency -related vehicles and owners/ residents adjacent to t°
humps' frequently complain of noise resulting from travelling vehicles. `.
the City of Diamond Bar is considering the installation of humps on publ.-
streets, the Attorney strongly recommends that the City first establish rulQ-1
and regulations to serve as guidelines.
Prior to=forinulatinq`'a policy related to speed humps, -it `is `imperative f<::
ths,Traffic.and Transportation to discuss and address the -following issue.:
1. Do speed humps actually reduce speed? It so, how long will its impact
last?
2. Do speed humps divert traffic -to adjacent/abuttin,4 streets? if so, what
is the -level of impact?
3. What is the speed humps' impact on persons who reside in the vicinity of
• the speed u..Aps ( i . e. noise) ?
4. What is the; public's opinion regarding the instillation and/or removal
Of speed
5. What is - impact of speed humps on emerger.�-;y-related service and
vesicles :=.e. Fire, police, Ambulance)?
6. What is financial impact on the City? (i.e. installation, removal,
7. What ctha= =--pact- could the installation of speed humps have on the
City? (i.=. street sweeping, street resurfacirn% programs, aesthetics,
no'_se leve_, recreation)?
8. What is t=e :.--.pact on the City with regard to liability?
-The above are 's -re of the }fey questions than ne4d to 'be discussed and
addressedef=:=_ a speed hump policy is establised- The Traffic and
Transporta:=cr. =:::Z,.ission's input will be utilized it. establishing a draft
policy f•=r z.'.E of Diamond Sar.
It is als_ that the Traffic and TransportaL: =n Commission bring the
March 14. _ .fission packet for discussion purpesss.
I
Three
a sumps
Uly 19, 96
ai o Q ►LT341L'
That the Traffic and Transportation commission discuss and address the issues
raised in this report.
1 Olc
t 2 i
Anaheim
of Azusa
City of Brea
City of Chino
City of Claremont
City of Cotton
City of Corona
City of Covina
City of Fontana
City of Fullerton
City of Glendora
City of Hemet
City of Industry
City of Laverne
City of Los Angeles
City of Montclair
City of Norco
City of Ontario
City of Placentia
City of Pomona
City of Rancho Cucamonga
City of Riverside
City of San Bernardino
City of San Dimas
City of Upland
City of West Covina
City of Yorba Linda
�1M1r14:STA►lMTJAGI�WYM/S
Are Sceed Names Installe_in the Citrv_?_
Yes, but only as a last resort.
No
Yes, but not often.
No
No
No
No, speed humps were installed on Auburndale Avenue in
1982, and no speed humps have been Installed since.
No
No
No
No
No
No
No
Yes, Program was put on hold while a new prioritization
formula could be adopted. Prioritization formula was
needed because of the large number of requests, The
City of Los Angeles budgeted $250,000 for speed humps
for 1994195.
No
Generally No. Residents can petition for -speed humps,
however, there is only one (1) street in Norco with speed
humps and speed humps are not encouraged.
No
Yes
No
No
No new speed humps.
No
No
No
No
Yes
L
sML1tP4M 86WA. a -L4.,►
May 39, 1996
Lnuntu of KQs ,Angeles
Sheriff m Department 3�eabquarurs
4708 Ramona 3.Rou[ebwub
Bontcreu ark, California 91754-2169
(909) 595-2264
r1%
mr. David Liu, Deputy Director of
Public Works
City of Diamond Bar
21660 E. COpley Dr_, Suite 100
Diamond Bar, California 91765-4177
Dear Mr. Liu:
In response to your request for input on the use of speed humps in
the City of Diamond Har, my staff has investigated this issue and has
determined that the Sheriff's Department has no written policy and
no objections'.to the use of speed humps in any of its contract
cities. we are -unable to document any negative affect that speed
humps may have on our patrol operations in the City of Diamond -Bar.
The Department and this station .also does not promote the use of
speed humps to control speed on residential streets. We feel, that
speed humps will probably not have a significant lasting impact on
the speed of vehicles where they are used. Information from other
Sheriff's stations where speed hues are in use indicates that after
a period of time motorist. become familiar with the speed humps and
realize that they are able to traverse the humps without slowing.
Any reduction in the speed of vehicles will most likely be temporary.
The speed bumps also tend to push traffic problems from one street
to another.
Again, let me state that we are not opposed to the use of speed humps
if the City determines that they may be helpful, and the humps are
not likely to have any negative impact on our ability to provide law
enforcement services to the City of Diamond Bar.
Sincerely,
SHERMAN BLOCK, SHEAXFF
Gf/O
Larry L. Waldie, Captain
Walnut Regional Station
2 ✓1-achl on 0 rSeruicQ
— P. L41CHML FREEMAN
FIRE CM EF
FopEM&R 4 FIRE WARDEN
May 31, 1996
COUNTY OF LOS ANGELES. ,
FIRE DXPARTM&NT
tarp MGM E"VM ANiNUE
LOS ANGEM CALIFOAMA 90M4264
Mr. David 0. Liu, P.E.
Deputy of Public works
City of Diamond Bar
21660 E. Copley Drive, -Suite 100
Diamond Bar, CA 91765-3117
Dear Mr- Liu:
(lls) %3-2417
_ SUBJECT: SPEED ifirWS
The Los Angeles County Fire Department has carefully evaluated the Implications of speed
hump installations. Our findings indicate speed humps have a negative Impact upon the
response time and response speed of fire apparatus, paramedic rescue squads and ambulame
vehicles.
However, to improve other public safety issues, the Department is willing to allow speed
humps using the following criteria:
Speed humps are acceptable after all other traffic engineering, signals and law
enforcement measures have.been proven ineffective.
Speed hump installation plans will be reviewed and approved by Fire
Depattment staff on a case-by-case basis.
• Speed bumps will be installed with high visibility pavement marking, striping,
and signage; these identifications must be continuously maintained.
• Speed humps will be installed consistent with the article in the November 1993
AWPA BIN= by R. Marshal Elizer, Jr., P.E. Any change or modificatioM
— to the guidelines will not be allowed without consultation and concurrence
from the Fire Department.
SERVING TME UNINCORPORATED AReA3 OF LOS ANGELES COUNW AND THE CITIES OF:
AGOURA NRAS CALabas" GLEP"m - LAKEW000 MAVW000 RANCl10 PALO$ VEAOES WHTn E► MONTE
ARTBSNI CARBON 04mm"AN GAAOSMS LA MIMOA NORWALIK AOLUNG "AAA BOUT" GATS
-- ^AUSA OEARITOO MODS" "ILLS LANCASTER PALMOALS POLUNO MLLE ESTATN TBMPLE CITY
BALOWNM *AAK CLAAEMONT NLN"TINOTON PARK LA PUENTE MOS VEROSS RSTAT93 AOBWBAO 1NALNUT
BULL COIMIMERCfI
NLVLOWEw GIIOAW MOUWRV LAWNOKE PARAMOWW BAN 0"�".�rs wEBT NOLLT1N000
NLL 6AAOENS OuMONO OAR ~NOALE LOMITA PICC MVEAA ,ApTA �.y..-.A WEST►�ME VILLAG!
• BRAO�ygT• OIM�TTf u QAMADA AUNTINOGS MALtOU POMONA SIGMAL NRL VMTTIEA
Mr. David G. Liu, F.E.
May 31,-1996
Page 2
The Department feels these guidelines will complement the public safety issue and allow the
Department to continue its mission in an acceptable fashion.
If you have any questions„ feel free to call me at the above number.
Very truly you
GARY . LOCKHART, ASSISTANT FIRE CHIEF
OPERATIONS BUREAU II - DIVISION II
605 N. Angeleno Avenue
Al-usa, CA 91702
PMF:sd
C: Terrence Belanger, Diamond Bar City Manager
Batrallon 12 Chiefs
171 1
Mansion
a
ANoolataa>•
2555 E.
TRANSIT
PARA'rRAN
Employer Rideshering Plans
Miorocomputer Applications
17141773-0330
Dr. Funk W. Cho, Owner December 31,19%
2707 So. Diamond Bat
Diamond Bar, CA 91765
Re: 2707 S. Diamond Bar Puking Study Report Update
Dear Mr. Cho:
� With reference to our recant discussion and pursuant to your request, DOW Benson &
Asaodwa is pleased to submit this brief report an our professional trwgxuMon enginea ft
sacci= rrLtive to the2707,1. Diamond Bar Pseldng Stud+ in Diamond Bar. Two anticipated new
tenants will each include 900 square fejt of bdiities, but the City has indicated that the 2707
commercial center, with 31 spaces naw, will have adequate peridng based on the original the mmng
r+equiramert and the atisting 31 pafdng spaces. Because the owner believes that proposed total of
uses will have fbwa paddog spsoes than needed, the City of Diamond Bar hag requested a peeking
- analysis to show whetha the vacant sites, when occupied, will need on -sued pairing. We originally
disenxed tate site rephlO ants with Mr, Robot Searcy of the planning staff and low with Mr. David
Lu of the engineering staff to de wain soy special aouccrns. This "yak is designed to show
_ whether the avar'lsble spsees together with any additional tenants, can melt the padang needs of the
tenant sad avoid requiring additional on-sacd Baca on Fountain Springs Rad
Out firm reviewed the shopping center layout to see the best way to nerve parents dropping
off dhil&m, and we Md that paddng in the lot is not nemsarily desirable for dr+opift and pick-
ups. 7W4Y-00e eorispaces plus a gteeen-adped waiting Zone of six 4=0 for dance p
along the new side of Fountain Springs will be adequate if parents are properly informed abort where
to pack. The young Cadou should be reminded of parking and traffic sshly procedures and studio
empivyees should accompany them to the sidewW k at lot if any parcrits do not Dome into the business
of ave not waiting an the sidemalL
As a contingency, we would also recommend an Alterative B: Six employee or business
owner spices could be ariocKW on Fountain Sprimgs Street and world -be wholly adupme for the
site if the loaft mete pores to be inadequate. Management would ensue that employe w 1111 the
curb spaces first.
In brK the scope of services of the traffic and parking impact analysis induded review of
the proposed ps ftS hudlitin and usage and the land use conditions in the site enviaoM review of
the Pig sedvities st the she, development of pgected puking demand far the pr+OM based an
4011yUS of survey dans an padded vehicle caws during peak waft morning and late aftwon
pua'iods in light of the Center's ogxn oc r, evaluation of the ability of the rite plan and the existing
spaces, * vvways, and aisles to accommodate the projected demands, and ide bila w of any
r. 2Me Dlelf Bar Porkinp Study Update Dec. 31, 1 e96 Pepe 2
additional paddng and dnulation imp oven is neoesserly to castigate the effects, internal and
external, of the development on narby busumses, including on -assert paddag needs,
Tuesday morning Aad Wednesday and Thursday afternoon peals parkas were counted at the
2702 Ser Diamond Bar Blvd commercial center mxiar review, including any an-etroet picas who
wem sem wa&Jq into the center. The cxater'a peals bola is consistently Tuesday at 9:40 to 10,30
am, when cars, and vans block the paddag lot while spexhding several minutes trying to go into
nanow parlciag space, The. December 17th oceans was unusual, but only in that both handicapped
spaces were occupied. Parkers were also sear stopping in the aisle to drop off and pick rep chikhm,
stoppsigg at the cant, padme on the rseidential sloe surest, and repeatedly &Mng thm* the parking
lat. A seven capacity pobleoi is indi cal
Our counts showed that the center's hialroet packing peak of 36 vedddes oocum atbast 9:50
era, when paws are watching and waiting for small dance students. The pre-achaol dancers
aomulue Vehicles because thdr parents often watch practice from outside on the a salkway/hallaray.
A low peak hoar of 22 to 23 vahicrles occurs at WWY& 5 pm, when thane ate fewest and oiler darkens
but monis other andomers stopping on their way home. Our August counts included 6 parked
vehicles located on the casts of ad*ent Fountain Springs Sued, bdm the red curb was striped, and
our December counts include d vehicles that dove through the lot at backed out of the congested
Fountain Springs driveway and then parked an the nearby residential str>xt.
The pesak patklng requinm art for this 10,800 squaw That location is 3.38 spaces pear 1,000
Lf., and our snalyais indhahten that umdw our mamdmnum eowata, 37 vehicles would be parked at the
sift 'This includes the two handicapped spaces. on-ltreet parkkers, and S pealcers for the two vacant
900 s.£ omits that also >roquirae Pastia& Clearly, paddng is severdy Wadoqm ovay Tuesday
manning, and is tight OR sevanal odher oocasianL It is highly desirable to dlsommge patting an
nearby midentie stmoeen, ad floe nearby shopping cmtwf movie theshter paring is mt accessible;
even if it were available. The only dairabk dwee, is curb parking along it welain Springs Street,
where ted stri hq was installed this year. Such stripins is only warranted from the shopping center
driveway to the nial Bar Boulevard map dgn.
The City could ddw remove prhsirmg realrictions on Fountain Springs Street or stripe the
curb green and snip it for 15 minute peeking, and both have advantages. With no curb paddaB
moethebOms, employees and buaiaas owners would pork at the chub all day, as be fcM and cuetorness
would have enough on-site puking spaces, Or,' limited time curb peurking would actually rnalke it
Sane[ for parents because that' could elrW off kids at the cu* while still amang them upstairs to
— sad from the daaoe studio (with no conflicts with vokida). They would no longer have to snuggle
with poking m m ww spaces and aeordng kids across the Vwking las.
These are two solutions. Altentive A: Our &m reviewed the shopping center layout to see
the beast way to sem parents dropping off chadren, and we find that pw king in the lot is nor
-_ necessarily duftble for drapoffs and pick-ups. Thiny-one adsting spaces plus a Bsem-gaped
ming sone of six spaces for doom parents &l ng the.new side of Fountain Spdnp will be adequate
if parses ate plopuly iaib[tmed about wheats to pads. Tye yang students athould W mown bow to
get lo rho waiting senna and sto& employee should accompany than if 1 1 ' alit is their car or
have not yet arrived. Bxsend the amske sidewalk thtal the planting and block wall for orb accel
our mseoommendedoe: induce the fi Mowing:
Doniei Benson and Aosoeletee
2702 Diamond Bar Parking Study Update Dec. 31 . 1995 Page 3
1. Stripe =react crab and sign for limited parking the now side of Fountain Springs from
driveway to ddveway.
Z. Open dw block wail and extend the shopping anter walk to Fotuitain Springs to access
the ge= waft atlas.
3. Have the daooe studio pnpm flyars showing the waiting area and haw students can get
_ theca
4. Requft a tenant employee to watch any dudernts if waiting for pickup at the let or curb.
— Altanative B: Six employee or business owner spaces could be allocated on Fountain
Springs Street and would be wholly adequate for the site if the loading zone ptn m to be inadequate.
Mtuatigemm would amn *A employees Sll the curb spaces that.
Thank you for this opportunity to assist you on this imponjo project.
Respectful submlttrsd
DANIffEL & SON AI�OCIATES
Daniel E. Benson, P.E., A.I.C.P.,
DEB. -is Principal
IL •
Daniel Benson and Associates
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;NOTE:=
i
AGENDA ITEM NO. 9.1
DOCUMENTATION WILL BE PROVIDED PRIOR TO MEETING
DRAFT
TRES HERMANOS CONSERVATION AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
PREAMBLE:
Whereas: There exists a large, undeveloped area of real property commonly
known as the Tres Hermanos Ranch area, the majority of which is owned by the
City of Industry's Urban Development Agency, and which is located within the
incorporated boundaries of: Los Angeles County, San Bernardino County, the
City of Diamond Bar and the City of Chino Hills; and,
Whereas: The Tres Hermanos Ranch area may serve and function as an
important environmental, scientific, educational and recreational resource as
well as an integral traffic/land use component of the sub -region for which future
land -use and transportation decisions require careful and comprehensive
planning to best serve future generations and public interests of all these
jurisdictions; and,
Therefore: Pursuant to the Joint Exercise of Powers Act (Government Code
Section 6500 et seq.) the following public entities of the State of California
executing this agreement agree as follows:
1. PURPOSE:
1.0 The purpose of this agreement is to provide for the long-term land use
and transportation planning, , and environmental conservation of the Tres
Hermanos Ranch area.
1.1 As a further necessary and integral purpose of this agreement, the
acquisition and protection of additional lands for wetlands , natural open space,
conservation and for educational, recreational, and infrastructure improvements
is contemplated, where such acquisition, conservation and improvements can be
accomplished consistent with the policies of the Tres Hermanos Conservation
Authority and the planning, conservation and development policies of the
respective jurisdictions in which such activities take place.
1.2 Acquisition may be by way of gift, devise, purchase, exchange or eminent
domain (subject to the limitations contained in this Agreement).
DKAlffT
2. SEPARATE ENTITY
2.0 The "Tres Hermanos Conservation Authority" (hereinafter "THCA") is
hereby established as a separate public entity within the meaning, and for the
purposes of, the Joint Exercise of Powers Act (Government Code Section 6500
et seq.) upon execution of this document by at least two public entities whose
jurisdiction falls within that area known as the "Tres Hermanos Ranch".
2.1 For the purposes of this agreement, those public entities whose
jurisdiction falls within that area known as the "Tres Hermans Ranch" include
the City of Chino Hills and the City of Diamond Bar. the; the county of Los
Angeles; and the County of San Bernardino.
3. GOVERNING BOARD
3.0 The THCA shall be governed by a "board constituted pursuant to the
agreement" within the meaning of Government Code Section 6506.
3.1 The Governing Board of the THCA is hereby established as follows:
(a) Member Cities:
(1) The city council of the municipality of Chino Hills shall
appoint one (1) representative and one (1) alternate to serve on
the THCA Governing Board at the pleasure of such appointing
power.
(2) The city council of the municipality of Diamond Bar shall
appoint one (1) representative and one (1) alternate to serve on
the THCA Governing Board at the pleasure of such appointing
power.
(b) Other Members
(1) The Los Angeles County Supervisor whose jurisdictional
District includes the City of Diamond Bar shall appoint one (1)
representative to serve on the THCA Governing Board at the
pleasure of such appointing power.
(2) The San Bernardino County Supervisor whose jurisdictional
District includes the City of Chino Hills shall appoint (1) one
representative to serve on the THCA Governing Board at the
pleasure of such appointing power.
(3) The property owner of the majority holdings of the areas
contained within the area subject to the provisions of this JPA may
appoint (1) one representative to serve on the THCA Governing
Board at the pleasure of the property owner.
3.2 An alternate Governing Board member may participate or vote in the
proceedings of the Governing Board only in the absence of the appointed
Governing Board member. Governing Board members (and alternate Governing
Board members) shall be entitled to participate and vote on matters pending
before the Governing Board only if such person is physically present at the
meeting of the Governing Board. No member may vote by proxy.
4. COMMON POWERS
4.0 The members hereto agree to exercise their common powers to the
maximum extent thereof for the purposes of implementing this agreement,
including, but not limited to, all the powers specified in Government Code
Section 6508.
4.1 Such powers are subject to the restriction upon the manner of exercising
the powers as imposed upon the City of Diamond Bar, as provided in, and for the
purposes of, Government Code Section 6509.
4.2 The THCA shall exercise its powers only in a manner consistent with the
provisions of applicable law, this Agreement and any bylaws adopted by the
THCA Governing Board.
4.3 The THCA shall not have the power to raise revenues through property
taxation or creation of any benefit assessment district. Notwithstanding the
foregoing prohibition, a member organization to this agreement may form a
benefit district or incur debt, within its individual boundaries and utilizing its
statutory authority, in furtherance of the purposes of the THCA.
4.4 The THCA shall not have the power to enact any ordinances, resolutions
or directives that operate to regulate persons or property within any of the
jurisdictions of the member organizations, except for the power of eminent
domain, which shall be subject to the restrictions provided in this agreement.
5. MEMBER CONTRIBUTIONS:
(a.) Member Cities:
DRAFT
(1) Exclusive of any grants or contributions which each member
city may award to the THCA from time to time, each member city
shall contribute $50,000 per annum.
(2) Contribution is here defined to include monetary
contributions, if any, and the reasonable value of the services of
any employees of the member city loaned by it to the THCA, if any.
This section shall not affect the mutual exchange of services
between a member of this agreement and the THCA without
payment of any consideration permitted by Section 6506 of the
Government Code.
(b) Other Members:
(1) Exclusive of any grants or contributions which the Counties
of Los Angeles or San Bernardino may award to the THCA from
time to time, each County shall contribute $600 per annum.
(2) Contribution is here defined to include monetary
contributions, if any, and the reasonable value of the services of
any employees of "Other Members" loaned by them to the THCA, if
any. This section shall not affect the mutual exchange of services
between member of this agreement and the THCA without payment
of any consideration permitted by Section 6506 of the Government
Code.
(3) The annual contribution of a property owner whose property
is subject to the provisions of this Agreement shall be equal to 50%
of the sum of all Member Cities annual contribution. However, the
value of "in kind services" as approved by the THCA Governing
Board may be utilized for up to 50% of the annual contribution.
6. MEETINGS
6.1 All meetings of the THCA Governing Board shall be called, held and
conducted in accordance with the provisions of the Ralph M. Brown Act and with
such further rules of the THCA Governing Board as are not inconsistent
therewith.
b#AF-r
6.2 The THCA shall keep, or cause to be kept, the minutes of the THCA
Governing Board's meetings, and shall as soon as possible after each meeting,
forward a copy of the minutes to each member of the THCA Governing Board
and to the governing body of each of the participating entities to this agreement.
7. QUORUM AND PROCEDURES
7.1 A majority of the THCA Governing Board shall constitute a quorum for the
transaction of business.
7.2 The affirmative vote of a majority of those members present and voting
shall constitute an action of the THCA Governing Board, except that each
member city shall have veto power over any singular proposed action to be
taken by the THCA Governing Board. A member city will exercise its veto power
when, and only when, both of its representatives are physically present and both
vote in opposition to any singular THCA Governing Board proposed action or
motion.
7.3 Where applicable, Robert's Rules of Order, Newly Revised, shall govern
the procedures of the THCA Governing Board, except when inconsistent with the
other provisions of this agreement and/or the Ralph M. Brown Act.
8. COMPENSATION
8.1 Individual members of the THCA Governing Board shall serve without
compensation except that a reasonable allowance or reimbursement for
attendance at meetings of the THCA Governing Board, as determined by the
THCA Governing Board, may be paid an amount not to exceed $50 per meeting
to the extent compatible with Government Code Section 1126, Public Contract
Code Sub -Sections 10410 and 10411, and any other statute.
9. ADMINISTRATION
9.0 The THCA shall be administered by an Executive Director who shall
perform the functions stated in Government Code Section 6505.1
9.1 The Tres Hermanos Project Manager for the Industry Urban Development
Agency shall serve, ex officio, as the Executive Director of the THCA. The
THCA shall reimburse the City of Industry's Urban Development Agency for
costs incurred pursuant to this section.
9.2 The Executive Director of the THCA shall be the duly appointed and
acting treasurer and controller of the THCA. The Executive Director of the
THCA is hereby designated as the Financial Officer of the THCA and shall
perform the functions stated in Government Code Section 6505.5. The THCA
shall reimburse the City of Industry's Urban Development Agency for costs
incurred pursuant to this section.
9.3 The Executive Director shall perform such duties as may be imposed
upon that person by provisions of applicable law, any bylaws adopted by the
THCA Governing Board, or by direction of the Governing Board.
9.4 The Tres Hermanos Project Manager for the Industry Urban Development
Agency, and therefore, the Executive Director of the THCA, serves at the
pleasure of the City of Industry's Urban Development Agency under the
personnel rules and policies governing that public entity.
9.5 The THCA may select legal counsel from one of its member
organizations, or it may retain independent counsel. The THCA shall reimburse
the member organization providing such legal counsel for costs incurred
pursuant to this section.
9.6 To implement this agreement, the member organizations may loan
employees to the THCA.
9.7 To achieve the purposes of this agreement, the THCA may establish
positions and fix the salaries for employees of the THCA. The Executive
Director of the THCA shall appoint such other employees for positions
established by the THCA Governing Board and shall be responsible for the
supervision thereof.
10. FISCAL CONTROLS
10.0 The fiscal year of the THCA shall be the fiscal year of the City of Diamond
Bar, July 1 to June 30, or as established from time to time by the City of
Diamond Bar.
10.1 To the extent funds are legally available therefore, the member
organizations are hereby authorized to make payments, grants and contributions
of public funds, as provided in Section 6504 of the Government Code.
10.2 The THCA shall be strictly accountable for all funds, receipts and
disbursements. The THCA shall prepare an annual budget, in a form approved
by the THCA Governing Board, which budget shall be submitted to the THCA
Governing Board for approval by a majority vote of the members present. Public
funds may not be disbursed by the THCA without approval of the adopted
budget of the THCA, and all receipts and disbursements shall be in strict
conformance with the adopted and approved budget.
jqt--T
10.3 The Treasurer of the THCA shall be the depository and have custody of
all money of the THCA from whatever source. The Treasurer shall:
(a.) Receive all money of the THCA and place it in the treasury of the
THCA, or other appropriate account approved by the Governing Board of
the THCA, to the credit of the THCA.
(b.) Be responsible on his official bond for the safekeeping and
disbursement of all THCA money so held by him or her.
(c.) Pay, when due, out of money of the THCA so held, all sums due on
outstanding obligations approved by the THCA Governing Board. Said
sums shall be paid only by warrants to the Treasurer issued by the THCA
Governing Board.
(d.) Verify and report in writing on a quarterly basis to the THCA
Governing Board, and to the member organizations, the amount of
receipts since the last report and the amount paid out since the last
report.
(e.) Contract with a certified public accountant to make an annual audit
of the accounts and records of the THCA. In each case, the minimum
requirements of the audit shall be those prescribed by the State Controller
for special districts under Section 26909 of the Government Code, and
shall conform to generally accepted auditing standards. Such audit
reports shall be tiled within six months of the end of the fiscal year under
examination. Any costs of the audit, including contracts with or employ-
ment of a certified public accountant, shall be borne by the THCA and
charged against any unencumbered funds of the THCA.
10.4 The THCA Governing Board shall have the power to invest any money in
the treasury of the THCA that is not required for the immediate necessities of the
THCA, as the THCA Governing Board determines advisable, in the same
manner and upon the same conditions as local agencies pursuant to Section
53601 of the Government Code.
11. BONDS
11.0 Each member of the THCA Governing Board and the Executive Director
shall file an official bond with the THCA. When deemed appropriate by the
THCA Governing Board, a master bond may be utilized as referred to in
Government Code Section 1481. The bond shall be in the amount of not less
than $50,000 per individual bonded. The premium shall be paid by the THCA.
DhArt-
12. LIABILITY
12.0 The tort liability of the THCA, all members of the Governing Board,
Executive Director and all employees of the THCA shall be controlled by the
provisions of Division 3.6 of the Government Code. The provisions of Division
3.6 of the Government Code relating to indemnification of public employees and
the defense of actions arising out of any act or omission occurring in the scope
of their employment shall apply to all members of the Governing Board, officers
and employees with respect to the THCA.
12.1 The THCA Governing Board may choose to insure itself, its member
organizations, the officers and employees of the THCA in a manner, form and
amount appropriate and acceptable to the THCA Governing Board: The THCA
may maintain such public liability and other insurance as, in its discretion, is
deemed appropriate and to the extent the cost of premiums thereof are provided
for in the approved budget of the THCA.
12.2 Except as provided in paragraph 13.0 and 13.1 of this agreement; neither
the THCA nor the THCA Governing Board shall have the power or authority to
bind the parties to this agreement, or any of them, to any debt, liability, contract,
or obligation, or to employ any person on behalf of the parties, or any of them.
No party to this agreement shall be responsible, directly or indirectly, for any
obligation, debt or liability of the THCA whatsoever, except as provided in this
agreement.
12.3 No action or omission of the THCA, THCA Governing Board, THCA
Governing Board member, THCA member organizations, THCA Executive
Director or THCA employee, or any of them, shall be attributable to any other
parties to this agreement.
12.4 All liabilities of the THCA, THCA Governing Board, THCA Governing
Board member, THCA Executive Director or THCA employee acting for or on
behalf of the THCA, or any of them, shall be the liabilities of the THCA solely
and not of any of the parties to this agreement.
13. ADDITIONAL MEMBERS
13.0 The Cities of Chino Hills and Diamond Bar; The Counties of Los Angeles
and San Bernardino; the City of Industry, or alternatively, The Industry Urban
Development Agency may become parties to this Agreement at any time. The
addition of any party not listed here shall require the approval of the THCA
Governing Board.
8
14. WITHDRAWAL OF PARTIES
UKAFT
14.0 Any member organization may withdraw as a party to this Agreement
provided that:
(a.) At the time of withdrawal, that member organization has either
discharged or arranged to the satisfaction of the remaining members of
the THCA Governing Board for the discharge of any pending legal or
financial obligations it has assumed under or pursuant to this Agreement;
and,
(b.) It provides written notice of its intent to withdraw to the THCA
Executive Director not less than three months prior to the effective date of
its withdrawal.
14.1 This Agreement shall remain in effect so long as two or more member
cities as defined in paragraph 4.1(a.) of this agreement are parties to this
Agreement.
15. DISPOSITION OF PROPERTY AND FUNDS
15.0 Upon termination of this Agreement, the THCA forthwith shall wind up its
affairs, including discharging all of its outstanding legal obligations. Personal
property and funds remaining in the THCA possession shall be returned to the
party from which the funds or personal property were obtained, except as
mutually agreed by the parties. All real property owned by the THCA shall be
conveyed as the THCA Governing Board shall determine, and if no
determination is made, then such real property shall be offered for sale to the
State Park System.
16. NON-DISCRIMINATION
16.0 The provisions of the State of California Non -Discrimination Clause (Form
178) are, by this reference, incorporated herein.
17. AMENDMENT TO THIS AGREEMENT
17.0 The provisions of this agreement shall be amended, solely, upon the
adoption of a resolution to amend, by each party to the agreement.
In Witness Whereof, the parties hereto have caused this agreement to be
'RAFT
executed by their duly authorized representatives:
CITY OF CHINO HILLS
My
CITY OF DIAMOND BAR
It"
CITY OF INDUSTRY
(or, alternatively,
Industry Urban Development Agency)
AN
COUNTY OF LOS ANGELES
SUPERVISOR KNABE
BY:
COUNTY OF SAN BERNARDINO
SUPERVISOR WALKER
1w
10
AGENDA ITEM NO. 9.2
NO DOCUMENTATION AVAILABLE
2.
3
MINUTES OF UTAMUNU BAK KCUweLUrmerrT P%Qv-" c-r
REGULAR MEETING OF THE BOARD OF DIRECTORS
MARCH 18, 1997 DRA
CALL TO ORDER: Vice Chairman Huff
ROLL CALL: Agency Member Ansari, Harmony, Herrera,
VC/ Huff. C/Werner absent.
Also present were: Terrence L. Belanger, Executive Director;
Frank Usher, Assistant City Manager; Amanda Susskind, Assistant Agency
Attorney; James DeStefano, Community Development Director; George Wentz,
Public Works Director; Bob Rose, Community Services Director and Lynda
Burgess, Agency Secretary.
PUBLIC COMMENTS: Clyde Hennessee felt that redevelopment
agencies have too much power.
Don Schad said he did not receive a copy of Consent Calendar Item 6.2. He
asked for an accounting of redevelopment agency expenditures and what
geographical area is proposed to be included.
CONSENT CALENDAR: AM/Herrera moved, AM/Ansari seconded, to
approve Consent Calendar. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS - Ansari, Harmony, Herrera, VC/Huff
NOES: AGENCY MEMBERS - None
ABSENT: AGENCY MEMBERS - Werner
3.1 APPROVED MINUTES - Regular Meeting of March 4, 1997 as submitted.
3.2 APPROVED VOUCHER REGISTER - dated March 18, 1997 in the
amount of $25,152.44.
4. PUBLIC HEARINGS: None
5.
L
OLD BUSINESS:
None
NEW BUSINESS:
6.1 RESOLUTION NO. R-97-01: A RESOLUTION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY RECEIVING THE PROPOSED
REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC
REVITALIZATION AREA, AND AUTHORIZING TRANSMITTAL OF THE
PROPOSED REDEVELOPMENT PLAN TO AFFECTED TAXING
AGENCIES, AND PERSONS AND ORGANIZATIONS WITHIN THE
PROJECT AREA AND SUBMITTAL TO THE PLANNING COMMISSION
MARCH 18 1997 PAGE 2 REDEV. AGENCY
FOR REPORT AND RECOMMENDATION - Felise Acosta, RSG
Consultants, indicated that adoption of this resolution is one of the
milestones in the redevelopment plan adoption process.
AM/Herrera moved, AM/Ansari seconded to adopt Resolution No. R-97-
01. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff
NOES: AGENCY MEMBERS - Harmony
ABSENT: AGENCY MEMBERS - C/Werner
6.2 RESOLUTION NO. R-97-02: A RESOLUTION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY APPROVING DRAFT RULES
GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY
OWNERS, OPERATORS OF BUSINESSES, AND BUSINESS TENANTS
IN THE DIAMOND BAR ECONOMIC REVITALIZATION AREA AND
DIRECTING THAT SUCH RULES BE MADE AVAILABLE FOR PUBLIC
INSPECTION - AM/Herrera moved, AM/Ansari seconded to adopt
Resolution No. R-97-02. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff
NOES: AGENCY MEMBERS - Harmony
ABSENT: AGENCY MEMBERS - C/Werner
6.3 RESOLUTION NO. R-97-03: A RESOLUTION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY APPROVING DRAFT GENERAL
RELOCATION RULES (METHOD OF RELOCATION PURSUANT TO
SECTION 33411 OF THE CALIFORNIA COMMUNITY
REDEVELOPMENT LAW) FOR THE DIAMOND BAR ECONOMIC
REVITALIZATION AREA - AM/Herrera moved, AM/Ansari seconded to
adopt Resolution No. R-97-03. Motion carried by the following Roll Call
vote:
AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff
NOES: AGENCY MEMBERS - Harmony
ABSENT: AGENCY MEMBERS - C/Werner
6.4 RESOLUTION NO. R-97-04: A RESOLUTION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY APPROVING THE PRELIMINARY
REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION
AREA AND DIRECTING THE TRANSMITTAL OF THE PRELIMINARY
REPORT TO THE AFFECTED TAXING AGENCIES AM/Herrera moved,
AM/Ansari seconded to adopt Resolution No. R-97-04. Motion carried by
the following Roll Call vote:
AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff
NOES: AGENCY MEMBERS - Harmony
ABSENT: AGENCY MEMBERS - C/Werner
MARCH 18, 1997 PAGE 3 REDEV. AGENCY
7. AGENCY MEMBER COMMENTS: AM/Harmony stated he
voted against the previous Resolutions because he did not support the amount of
debt proposed to be incurred by the Agency.
AM/Herrera pointed out that it is common knowledge that local businesses and
shopping centers need revitalization assistance. She said she is fiscally prudent
and would not approve a plan to place D.B. in fiscal jeopardy.
AM/Ansari reiterated that the Agency's actions were taken in order that
documents can be forwarded to the proper agencies for perusal. There was no
action taken to approve spending $60,000,000. She expressed concern about
the notion of isolationism and felt that D.B. can survive on its own without
networking with governmental and neighboring entities. She reminded the
citizens that the City must give careful consideration to the impending property
tax shortfall and practice fiduciary responsibility.
VC/Huff stated that the City must use available tools as well as remain fiscally
conservative. The purpose of redevelopment is to return tax dollars back to D.B.
Without redevelopment, D.B. lacks a beneficial tool to keep pace with
surrounding areas. He announced that a D.B. business employing approximately
500 people is relocating its company to a City of Brea building constructed using
redevelopment funds.
8. AGENCY SUB -COMMITTEE REPORTS: None
9. ADJOURNMENT: There being no further business to conduct,
VC/Huff adjourned the Redevelopment Agency meeting at 9:55 p.m.
LYNDA BURGESS, Agency Secretary
ATTEST:
Chairman
DIAMOND BAR REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
TO: Chairman Werner and Board of Directors
FROM: Linda G. Magnuson, Accounting Manager
SUBJECT: Voucher Register, April 1, 1997
DATE: March 27, 1997
Attached is the Voucher Register dated April 1, 1997 for the
Diamond Bar Redevelopment Agency. The checks will be produced after
any recommendations and the final approval is received.
Payment of the listed vouchers totalling $11,356.96 is hereby
allowed from the Diamond Bar Redevelopment Agency Fund.
APPROVED BY:
I��✓._
Linda G. M 0uson
Accounting Manager
Gary H. Werner
Chairman
4�1w' J-iIv
Terrence L. Belang :9 - Robert S. Huff
Executive Director Vice Chairman
r�,UNTlHE: `783����7 /GuC*ER °EGlSrER
THR�.............V4/0�///
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NG BATLH PO.LlNE./NO. BNTSY/DL.E T N0lCE PT1 JiN AM& -NIT D WE C H E�x
___________________________________________________________________
Diamond Bar International 0Blnt-Deb
���10�3�
4��1A01��3
0/2,b
04/01
4684R�M��/D
�.�
3T4L VENDOR ---->
63.72
row Systems' inc.
F000System
*0O2'4110'2325
2 70401A 01/5540
04/01
l3433
R.14 Mtr, 2/19
50.61
TOTAL DUE VENDOR ---->
50.61
0senow Sevacek 3rcup
Rosen -ow
*002-4118-0VO
2 70441A 01/5188
03/2"Ll
04/01
Phao22Feasib}ityStdy
11,060.45
T"TAL CUE VEKOR --------
11.060.45
Sir Speedy
SirSpeedy
*002-4110-2110
2 70401A 01/5539
03/26
04/101
20992
City»rofilePackets
182.18
TOTAL WE VENDOR ---'-'>
TOTAL PREPAID ----------- )
V.N)
rU7AL DUE --''------->
11'356.96
TOTAL REPORT ------------ )
I I,35�..96
�£ .............��,)1/;'
C"LRS[ �l -iJE wlu' T
TOTAL UIR'T PAY =E: -NUE PX-
En�� KEVE��E EXPENSE RE«ENUE
---- ----'---------- —'-----''-- ----'---' -'' ----'------------'--- ''—''---
X]jrk ------ ------------ ------------ ______ ______ _______ _______ ------------
ALL
_____ALL FUNDS