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10/5/1999
Tuesday, October 5, 1999 Town Hall Meeting 4:00 — 6:00 p.m. 6:30 p.m. — Regular Meeting South Coast Air Quality Management District Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 - Mayor Wen Chang Mayor Pro Tem Debby O'Connor Council Member Eileen Ansari Council lVember Carol Herrera Council Member Bob Huff City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Tithe 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person W' ' 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 mir iinum of 72 hours prior to the scheduled meeting. Have online access?City Council•. • now CitV of • • -s site at www.ci.diamond-bar.ca.us Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings ofthe Diamond Bar City Council are open to the public. A member ofthe publiemay address the Council on the subject of one or more agenda items and/or other items of interest which are within the subject matter jurisdiction ofthe Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk As a general rule the opportunity for public comments will take place at the discretion ofthe Chair. However, in orderto facilitate the meeting, persons who are interested parties for an item may requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business ofthe Council. Individuals are requested to refrain from personal attacks towards Council Members or other citizens. 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. Your cooperation is greatly appreciated In accordance with Government Code Section 54954.3(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 Acts all matters to be acted oar 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 ofthe 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 meeting ofthe Diamond Bar City Council. A Disorderly behavior toward the Council or any member ofthe staffthereot tending to interrupt the due and orderly course of said meeting. B. A breach ofthe peace, boisterous conduct or violent disturbance, tending to interrupt the duo 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 modern. Every meeting ofthe City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance ofthe meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. -- Next Resolution No 99-77 Next Ordinance No 13(1999) TOWN HALL MEETING:" 4:00.-6:00 p.m., AQMD Auditorium Four Corners Regional Transportation Study 1. CLOSED SESSION: None 2. CALL TO ORDER: 6:30 p.m., October 5, 1999 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Mark Hopper, Evangelical Free Church of Diamond Bar ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming October 16, 1999 as National Mammography Day" 3.2 Proclaiming October 4-8, 1999 as "Rideshare Week" 3.3 Proclaiming October 8-22, 1999 as "Child Injuryand Violence Prevention Week" 3.4 Proclaiming October 10-1:6, 1999 as "World Population Awareness Week" 3.5 Proclaiming October, 1999 as "Escrow Month" 3.6 Presentation by Dr. Patricia Rasmussen of Mt. San Antonio College regarding programs and activities 3.7 Presentation` by Counc'ilmember and SCAG Representative Ansari Re: Southern California Association of Governments 4. PUBLIC COIrMENTS: "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 a OCTOBER 5, 1999 PAGE 2 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 Brea Canyon Stre'etscape Project Informational Meeting - October 6, 1999, - 6 p.m. Evergreen Springs Elementary School 5.2 Golden Springs/Lemon Avenue Street Rehab Informational Meeting October 7, 1999, 6 p.m. Walnut Elementary School 5.3 Planning Commission -,October 12, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 Traffic .& Transportation Commission - October 14, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. I 5.5 Composting Workshop October 16, 1999, 10 a.m, to 12 p.m. - Sycamore Canyon Park, 22930 E. Golden Springs Dr. 5.6 D.B. General Municipal Election Candidate Forum October 18, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 City Council Meeting October 19, 1999 6:3`0 p.m., AQMD Auditorium, 21865 E. Copley Dr: 5.8 D.B. Chamber of Commerce Business. Expo and Job Fair October 23, 1999 - 9 a.m. to 3 p.m., K -Mart Shopping Center Parking Lot 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of September 21, 1999 - Approve as submitted. Requested by: City Clerk` 6.2 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of August 26, 1999 - Receive & File Requested by: Community Services Division 6.3 VOUCHER REGISTER - Approve Voucher Register dated October - 5, 1999 in the amount 'of $825,663.04. I OCTOBER 5, 1999 PAGE 3> Requested by: Finance Division 6.4 TREASURER'S STATEMENT - Submitted for City Council review and approval is the Treasurer's Statement for August, 1999. Requested by Finance Division 6.5 CONTRACT AMENDMENT WITH SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP" - On April 20, 1999, Council approved a contract with the law firm of Sheppard, Mullin, Richter and Hampton, LLP (SMRH).. SMRH' has been retained to prepare and proceed with Litigation' against the State of California related to the environmental documentation process for the proposed Lanterman Development Center forensic expansion project. The contract amount at that time was not to exceed $50,000 for initial preparation of the litigation. On July 6, 1999, Council approved a contract amendment in the amount of $50,000: It is necessary to increase the contract amount by $75,000 for a not -to -exceed total amount of $225,000, to cover costs for the ongoing legal processes. Recommended Action: It is .recommended that the City Council approve the amendment to the contract for legal services related to the Lanterman Developmental Center forensic expansion project between the City and Sheppard, Mullin, Richter and Hampton, LLP, in the amount of $75,000. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m.., or as soon thereafter as matters may be heard. None 8. OLD BUSINESS: 8.1 SUB -COMMITTEE REPORTS: (a) LANTERMAN DEVELOPMENT CENTER'S PROPOSED' FORENSIC CONFINEMENT COMPOUND PROJECT (b) WILDLIFE CORRIDOR CONSERVATION AUTHORITY. (c) OTHER SUB -COMMITTEE REPORTS 8.2 SECOND READING OF ORDINANCE NO. 12(1999); AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE,; DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS The proposed ordinance OCTOBER 5, 1999 PAGE 4 9. affects waste hauler permitting, waste prevention and recycling programming in the City.'' The proposed provisions have been modified based on public and Council input received on September 21, 1999. Recommended Action: It is recommended that the ,City Council waive full reading and adopt Ordinance No. 12 (1999) amending Chapter 8.16 of Title 8 of the Diamond Bar Municipal Code Adopting Requirements and Standards Relating to the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable, and Compostable Materials. Requested by: Engineering Division NEW BUSINESS 9.1 CONSIDERATION OF A CITATION AUTHORITY ORDINANCE AND CIVIL CITATION PROCEDURES - In June 1999, the City -Council began an examination of city code enforcement policies. The Council's desire is to focus more attention on code enforcement, activities. A City Council Subcommittee was formed thereafter to examine current policies and procedures and to suggest modifications where appropriate. The City Council Subcommittee has met with City Staff to review policies and procedures. The current code enforcement policy is to operate on a "compliant only" or "reactive basis. It is the recommendation of the Subcommittee to utilize "proactive" code compliance policies incorporating the use of civil citation procedures to gain timely and effective compliance. Recommended Action: It is recommended that the City Council direct staff to prepare all appropriate documents necessary to establish the use of Citation Authority and schedule-th6 matter for the next available City Council meeting. Requested by: Code Enforcement Sub -Committee 9.2 DISCUSSION OF FOUR CORNERS TRANSPORTATION STUDY ALTERNATIVES - The County of L.A. and the City are participating in a regional study to improve mobility. The Four Corners Study focuses on potential transportation improvement alternatives in the area bounded by SR 57, Interstate 15 and SR 60 Recommended Action: It is recommended that the City Council direct staff to prepare.a Resolution of support.. Requested by: City Council OCTOBER 5, 1999 PAGE 5 RECESS TO REDEVELOPMENT AGENCY Next Resolution No RA99-09 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansar 2. 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 Agency on Consent' Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda.. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary) There is a five minute 'maximum time limit when addressing the Redevelopment Agency.' 3 CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of September 21, 1999 - Approve as submitted. Requested by: Agency. Secretary 3.2 VOUCHERREGISTER - Approve Voucher Register. dated October 5, 1999, in the amount $12,025.05. Requested by: Finance Division 3.3 TREASURER'S STATEMENT - Submitted for Agency review and approval is the Treasurer's Statement for August, 1999. Requested by: Finance Division 4. PUBLIC HEARINGS None S. OLD BUSINESS 5.1 AWARD OF CONTRACT TO KOSMONT & ASSOCIATES FOR AN ECONOMIC DEVELOPMENT STRATEGIC PLAN - As designated by Council and Members of the Redevelopment Agency, the number one goal on the list of goals and objectives is preparation of a well -crafted Economic' Development Strategic Plan that provides a specific, designed approach to expanding and maintaining a healthy business climate well into the next OCTOBER 5, 1999 PAGE 6 decade. To date, this process has included design of an RFP; recruitment of qualified Economic Development/ Redevelopment Consultants; analysis and rating of submitted proposals; consultant interviews; and selection of the most 'qualified firm to prepare the Plan. Recommended Action: It is recommended that the Redevelopment Agency Board of Directors award a contract to Kosmont & Associates, Inc. and its designated team members (Agajanian & Associates; Urban Design Studios) for preparation of an Economic Development Strategic Plan. Under the contract, the consulting team will provide background research; strategic evaluation, strategy formation; implementation initiatives; on-site consultation during the Plan process and production of the final Plan document. Requested by: Executive Director 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. RECONVENE CITY COUNCIL MEETINGt 10. COUNCIL SUB -COMMITTEE "REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual 'Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: i, I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY OF DIAMOND BAR "QUICK CAP"MINUTES OCTOBER 5, 1999 TOWN HALL MEETING: FOUR CORNERS REGIONAL TRANSPORTATION STUDY - M/Chang called the meeting to order at 4:22 p.m. in the SCAQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, CA. "What is the Four Corners Study? The Four Corners Study is an intercounty planning effort to address long-term transportation needs in the area known as the "Four Corners" where the counties of Los Angeles, Orange, Riverside and San Bernardino meet. The area is bounded by the State Route (SR) -57 on the west, 15 on the east, SR -60 ,on the north and SR -91 on the south. The study scope involves two major phases. Phase I is designed to assess current and future transportation problems in the Four Corners area. Phase II looks at alternatives and solutions. "Why is the, area being studied? In developing the Regional Transportation Plan, the Southern California Association of Governments (SCAG) discovered significant long-term mobility challenges for the Four Corners area. if nothing is done to accommodate anticipated grown in population and employment, traffic congestion on highways and surface streets will continue to get worse. "Who is involved? SLAG, the regional planning agency for Southern California is funding the $250,000 Four Corners Study. An intercounty coordination group comprised of elected officials and technical staff from cities, counties and transportation agencies is implementing the study. The OrangeCounty Transportation Authority is providing project management support for the Four Corners Study and Parsons Brinkerhoff Quade & Douglas is the project consultant. "What is the current status? As assessment of transportation alternatives for the Four Corners area is presently underway. Options include expanding highways and surface streets, adding transit services and building new roads and toll roads. A technical review and public outreach programs are currently being conducted. '`What happens next? During fall 1999, the best concepts will be packaged into a preferred transportation strategy and an implementation plan will be developed. Recommendations will then be forwarded to SCAG for inclusion in the '2001 Regional Transportation' Plan. If included, transportation improvements would be eligible for state and federal funding—the first step in getting a project off the ground." M/Chang introduced Supervisor Don Knabe. Supervisor Knabe presented Certificate of Recognition to C/Huff as the 1999 ... Present: Council Members Ansari, Huff, Herrera, Mayor Pro Tem Herrera, Mayor Chang OCTOBER 5, 1999 PAGE 2 Also present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director and Lynda Burgess, City Clerk. C/Huff — Welcomed Supervisor Knabe. J.D. Douglas, Parsons Brinckerhoff Quade and Douglas — Presented alternatives. Joe Kung - Quail Run Wilbur Smith J.D. Douglas — Responded to Mr. Smith's statements. Clyde Hennessee — Supported building a roadway through Tonner Canyon. Dan Marostica, Walnut Council Member J.D. Douglas ADJOURNED TOWN HALL MEETING: 6:05 p.m. 1. CLOSED SESSION: None 2. CALL TO ORDER: 6:50 p.m. PLEDGE OF ALLEGIANCE: Dr. Patricia Rasmussen, Mt. Sac INVOCATION: Pastor Mark Hopper, Evangelical Free Church of Diamond Bar ROLL CALL: Council Members Ansari, Herrera, - Huff, Mayor Pro Tem O'Connor, Mayor Chang Also present were: Terrence L. Belanger, City Manager Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: No changes. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: .3.1 Proclaimed October 16, 1999 as "NationalMammography Day" 3.2 Proclaimed' October 4-8, 1999 as "Rideshare Weekn 3.3 Proclaimed October 8-22, 1999 as "Child Injury and Violence Prevention OCTOBER `5, 1999 PAGE 3 Week" 3.4 Proclaimed October 10-16, 1999 as "World Population Awareness Week" 3.5 Proclaimed October, 1999 as "Escrow Month" 3.6 Presentation by Dr. Patricia Rasmussen of Mt. San Antonio College regarding programs and activities 3.7 Presentation by Councilmember and SCAG Representative Ansari Re: Southern California Association of Governments 4. PUBLIC COMMENTS: Mary Matson - L.A. Sheriffs Foundation, announced the Sheriffs float for the Rose Parade and the fundraising efforts being made to provide monies to aid children in the County. Allen Wilson – Asked how long the improvements to GoldenSprings will take. David Liu responded that the Golden Springs project between Grand Ave. and Torito Lane is a major pavement reconstruction project. Construction should be complete 90 days after Labor Day. Jill Pierce, owner of Platinum Restaurant and Night Club on Gentle Springs - ribbon cutting and grand opening will be the first week in November. Restaurant is currently open for business. Banquet facilities also exist. Will be hosting next month's Chamber Mixer. Clyde Hennessee – Complained about the lack of coverage on his comments on the City's "Quick Cap" posted on the City's Web Site the day following the last Council meeting: Pointed out that a recent Waste Management billing did not include a phone number for contacting them. Sue Sisk Diamond Ranch H.S. - encouraged everyone to pay a visit. Al Rumpilla – Complained about the lack of replacement of a broken trash can in a timely manner by Waste Management. Had to get assistance through the City to resolve the problem. Felt that this was unacceptable and that the City should have permits for more than one hauler. Red Calkins – Wants to know what the trash hauling fees will be under the new Ordinance. Where will our trash be dumped after Spadra Landfill closes? MPT/O'Connor responded—three companies are permitted to haul trash—Athens, Valley Vista and Waste Management. The City has not agreed to sign a contract with any one hauler: Dave Reynolds - Asked whether the two previous speakers would be allowed to speak again about trash issues under Item 8.2. 5. SCHEDULE OF FUTURE EVENTS: OCTOBER 5, 1999 PAGE 4 " 5.1 Brea Canyon Streetscape Project Informational Meeting - October 6, 1999 — 6 p.m., Evergreen Springs Elementary School 5.2 Golden Springs/Lemon Avenue Street Rehab Informational Meeting — October 7 1999, 6 p.m., Walnut Elementary School 5.3 Planning Commission — October 12, 1999 — 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 Traffic & Transportation Commission — October 14, 1999 — 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley .Dr. 5.5 Composting Workshop— October 16, 1999, 10 a.m. to 12 pm. — Sycamore Canyon Park, 22930 E. Golden Springs Dr. 5.6 D. B. General MunicipalElection Candidate Forum — October 18, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 City Council Meeting October 19, 1999 — 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.8' D. B. Chamber of Commerce Business Expo and Job Fair — October 23, 1999 — 9 a.m. to 3 p.m., K -Mart Shopping Center Parking Lot. 6. CONSENT CALENDAR: Moved by C/Ansar, seconded by C/Huff` to approve the Consent , pp Calendar with the exception p ion of Item 63. Motion carried 5-0 by Roll Call vote. (MPT/O'Connor recused herself from voting on Item 6.5) 6.1 PROVdED MINUTES — Regular Meeting of September 21, 1999 - As s' 6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES— Regular Meeting of August 26, 1999. 6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT— for August, 1999. 6.5 APPROVED CONTRACT AMENDMENT WITH SHEPPARD, MULLIN, RICHTER '& HAMPTON, LLP for legal services related to the Lanterman Developmental Center proposed forensic confinement compound project between the City and Sheppard, Mullin, Richter and Hampton, LLP, in the amount of $75,000, for a total contract amount of $225,000. MATTERS WITHDRAWN FROM CONSENT CALENDAR 6.3 APPROVED VOUCHER REGISTER — dated October 5, 1999 in the amount of $825,663.04. MPT/O'Connor recused herself from approving A8840 - $5,799.81,' P.O. 9000 - $2,973.15, P.O. 9179 - $10,974.69 and P.O. 8883- $15.96 relating to the Lanterman Proposed Forensic Confinement Compound Project. MPT/O'Connor asked about the item on Page 5 of the Warrant Register relating to Employee Parking Permits and stated that she would be voting no OCTOBER 5, 1999 PAGE 5 on approval of this item. Moved by C/Herrera,seconded by C/Ansari to approve the Warrant Register: Motion carried 5 -0 -by Roll Call vote (MPT/(YConnor voted no on approval of the Employee ° Parking Permits on Page 5 in the amount of $201.04). 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8..1 SUB -COMMITTEE REPORTS: I (a) LANTERMAN DEVELOPMENTAL CENTER'S PROPOSED FORENSIC CONFINEMENT' COMPOUND PROJECT — CM/Belanger announced that the City's request for a clarification on the State's recission of the forensic expansion, the State responded by filing a motion to dismiss the City's lawsuit. Other items, such asthe mitigated declaration of approval, are still matters of contention by the City and will be argued in court on October 15, 1999: C/Herrera reported that she has an appointment with Clifford Allenby on October 28, 1999. Sue Sisk Pointed out that the issues with the State are not over. Stili don't have a definition of "severe behavioral" from Clifford Allenby. Need to get Advisory Meetings posted on cable TV. Dr. Lawrence Rhodes - Thanked Council for changing the title of the project from Lanterman Expansion. (b) WILDLIFE CORRIDOR CONSERVATION AUTHORITY — MPT/O'Connor explained behaviors that had occurred at the September 22 WCCA meeting. Attempted to move the $10;000,000 of Prop Afunds to the Wildlands Authority. This item was not on the amended agenda. The item was approved with no information provided to the board members. She sent a letter to all governing boardmembers and to the Board of Supervisors objecting to these practices. Asked staff to bring back a' report on the City of Industry's proposal to purchase the Boy Scout Reservation Property as well as the Wildlands Authority proposal. C/Ansari asked the City Attorney to look into the legality of the matter. C/Herrera OCTOBER 5, 1999 PAGE 6 C/Huff - suggested that the City re -consider its involvement in WCCA_ (c) OTHER SUB -COMMITTEE REPORTS — C/Ansari discussed a redevelopment committee meeting with C/Hufflast week in which it was discovered that the Ralphs Co. will be actively looking for a tenant for its empty space in the County Hills Towne Center. Further, she announced the City's involvement in the International Shopping Center conference next week. MPT/O'Connor — Gave updated information regarding the City's Millenium Party on December 31s, 1999. 8.2 SECOND READING OF ORDINANCE NO. 12(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR, CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND "COMPOSTABLE MATERIALS — The proposed ordinance affects waste haute permitting,waste prevention and recycling programming in the City. Thep p provisions have been modified based on public and Council input received on September 21, 1999. Dave Reynolds — Clyde Hennessee Al Rumpilla — Asked Council to not interfere with the residents' rights to negotiate for discounts with the haulers: Dean Ruffridge, Waste` Management — 800-266-7551 — billing statements will be corrected in the next billing cycle to reflect the phone no. Spadra will be closing early after the first of the year. Don Gravdahl — Asked Council to ask Michael Huls to resign asap due to a potential conflict of interest as a result of his partner's comments at the last meeting supporting Western Waste: Moved by C/Herrera, seconded by C/Ansari to waive full reading and adopt Ordinance No. 12 (1999) amending Chapter 8.16 of Title 8 of the Diamond Bar Municipal Code Adopting Requirements and Standards Relating to the Collection, Recycling, Transportation, and Disposal of Solid Waste; Recyclable, and Compostable Materials (with deletion of "used motor oilinSection 4 (i). Motion carried 5-0 by Roll Call vote. 9. NEW BUSINESS: OCTOBER5, 1999 PAGE 7 9.1 CONSIDERATION OF A CITATION AUTHORITY ORDINANCE AND CIVIL CITATION PROCEDURES In June` 1999, the City Council began an examination of city code enforcement policies. The Council's desire is to focus more attention on code enforcement activities. A City Council Subcommittee was formed thereafter to examine current policies and procedures and to suggest modifications where appropriate. The City Council Subcommittee has met with City Staff to review policies and procedures. The current code enforcement policy is to operate on a "compliant only" or "reactive basis. It is the recommendation of the Subcommittee to utilize "proactive" code compliance policies incorporating the use of civil citation procedures to gain timely and effective compliance. Clyde Hennessee — Martha Bruske - Not supportive of this type of program. All Rumpilla Also opposed. Dave Reynolds Al Flores, Code Enforcement Officer — described his duties and responded to Council's and public's questions. Moved by M/Chang, seconded by MPT/O'Connor to direct staff to prepare all appropriate documents necessary to establish the use of Citation Authority and schedule the matter for the next available City Council meeting. Motion carried 5-0 by Roll Call vote. 92 DISCUSSION OF FOUR CORNERS TRANSPORTATION STUDY ALTERNATIVES The County of L.A. and the City are participating in a regional study to improve:mobility. The Four Corners Study focuses on potential transportation improvement alternatives in the area bounded by SR 57, Interstate 15 and SR 60. Council consensus to direct staff to prepare a letter reflecting Council's intent to be signed by all Council Members. RECESS TO REDEVELOPMENT AGENCY 10:45 p.m. 1. CALL TO ORDER: Chairman J ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Huff, C/Ansari Also present were Terrence L. Belanger, Executive Director; Mike Jenkins; Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works OCTOBER 5, 1999 PAGE 8 Director; Bob Rose, Community ServicesDirector; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. 2. PUBLIC COMMENTS: Clyde Hennessee 3. CONSENT CALENDAR: Moved by AM/Herrera, seconded by AM/Chang to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote 3.1 APPROVED MINUTES — Regular Meeting of September 21 1999 — As submitted. 3.2 APPROVED VOUCHER REGISTER — dated October 5, 1999 in the amount $12,025.05. 3.3 TREASURER'S STATEMENT — Submitted for Agency review and approval is the Treasurer's Statement for August, 1999. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS 5.1 AWARDED CONTRACT TO KOSMONT & ASSOCIATES FOR AN ECONOMIC DEVELOPMENT STRATEGIC PLAN As designated by Council and Members of the Redevelopment Agency, the number one goal on the list of goals and objectives is preparation of a well -crafted Economic Development Strategic" Plan that provides a specific, designed approach to expanding and maintaining a healthy business climate well into the next - decade. To date, this process has included design of an RFP; recruitment of qualified Economic Development/ Redevelopment Consultants; analysis and rating of submitted proposals; consultant interviews; and selection of the most qualified firm to prepare the Plan. In response to AM/O'Connor, Mr. Madrid Moved by-AM/Huff, seconded by AM/Herrera to award a contract to Kosmont & Associates, Inc. and its designated team members (Agajanian & Associates; Urban Design Studios) for preparation of an Economic Development Strategic Plan. Under the contract, the consulting team will provide background research; strategic evaluation, strategy formation; implementation initiatives; on-site consultation during the Plan process and - production of thefinal Pian document. Motion carried 4-1 (AM/O'Connor voted no) by Roll Call vote. 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: 10/ 12-lbl ORDINANCE 0/12. - ORDINANCE NO.12 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: , Sec. 8.16.020. Definitions, is hereby amended to include the definitions of disposal, generator, and diversion to read as follows: Disposal means the act of discarding refuse in a safe and legal manner in accordance with the provisions of Chapter 8 with no intent of recovery, reuse, repair, or recycling on the part of the generator. Diversion means the act of diverting refuse or solid waste from disposal for the purposes of recovery, repair, reuse, or recycling. Generator means any person, property owner or manager, tenant, occupant, business, service, lessee or lessor, institution, or other source that produces refuse or solid waste for disposal and/or diversion. SECTION 2: Sec. 8.16.070. Residential refuse containers, is hereby amended by modifying subsection (a), deleting subsections (b) through (h), and adding the following new subsections (b) through (g) to read as follows: (a) A permittee shall, at a minimum, provide a 64 -gallon container or suitable alternative, as approved by the city manager, for the collection of refuse from single-family residences within the city. Any container provided by a permittee, pursuant to this section, shalt be at a permittees' expense and shall meet the specifications for containers as set forth by resolution of the City Council (b) At the specific direction of the City Manager, a permittee shall provide an automated standardized container capable of storing no less than 64 gallons of acceptable commingled recyctables as defined by this chapter. It shall be the duty of every tenant, lessee or occupant of any residential unit to maintain the containers in a reasonably safe and secure manner. (c) A permittee shall provide an automated, standardized container capable of storing no less than 64 gallons of acceptable yard waste including grass clippings, leaves and other yard work debris, other than oversized branches or tree limbs. it shall be the duty of every tenant, lessee or occupant of any residential unit to maintain the containers in a reasonably safe and secure manner. (d) If a container for storing yard waste is refused by a customer for reason that yard wastes are grass cycled, composted, or otherwise diverted, it shall be the duty of the customer, including but not limited to every lessee, tenant, or occupant of any residential unit, to assure that yard wastes are actually recycled, composted, and/or grass cycled in a safe manner either on the premises or with a gardener or landscaper. (e) No tenant, lessee, or occupant shall use his or her own container, bag, box or other device for the purpose of setting out refuse or recyclables at .the curb for collection by a permittee. However, barrel -served customers can opt to purchase their containers from a permittee, with a subsequent discounting of the monthly rate. (f) No tenant, lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter, unless such material is not collected by a permittee. (g) Except when placed in accordance with section 8.16.090 hereof for collection purposes, refuse containers shall be kept and maintained only in storage locations permitted by the City zoning ordinance, as the same presently exists or as may be amended from time to time, or as specified by use permit or other entitlement for use. In addition, the container lids shall be kept closed at all times.to avoid the propagation of flies and other vectors, and to control odors and the potential for wind-blown litter. SECTION 3: Sec. 8.16.080. Commercial refuse bins, is hereby amended to include a new provision (c) to read as follows; (c) No property owner, manager, tenant, lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter in any refuse bin or other storage device, unless such material is not collected by a permittee. SECTION 4: Sec.8.16.130. Special provisions regarding method of disposal, is hereby amended by adding subsections (h) and (i) to read as follows: (h) No property owner, manager, tenant, lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter in any bin or other storage device, unless such material is not collected by a permittee: (i) In addition to the requirement of subsection (g), a permittee shall collect or provide for the collection for up to '15 gallons or 125 pounds of select household hazardous waste (HHW) per annum per household on a fee for service basis. The-HHW shall only include water-based paint, car and household batteries, and anti -freeze. follows: SECTIONS: Sec. 8.16.230. (a) Collection charge, is hereby amended to read as (a) Collection charge. A charge for the collection of refuse and recyclables shall be imposed on the owner or occupant of each residential or commercial unit to which refuse, recyclables, and yard waste collection service is made available. The monthly rate shall be determined by the permittee, but must be structured to eliminate any pricing inequities, subsidies, and penalties among ratepayers, to add incentives for waste prevention. The charge so fixed shall be a civil debt due and owing to permittee from the owner or occupant of the residential or commercial unit to which the collection service is made available. The City Council hereby specifically finds and determines that the periodic collection of refuse, rubbish, and recyclables from all residential and commercial units benefits all occupants and residents of the city; provides for the health, safety, and welfare of all persons in the city; and therefore, all such occupants or owners are 'liable for the payment of collection service provided for hereunder whether or not such owner or occupant avails himself of such collection service. 2 SECTION 6: Sec. 8.16.450., Service Provided; Specific, is hereby amended by modifying the introductory provision and by adding subsections 15 through 20 to read as follows: A permittee shall provide the following specific services as described in subsections (1) through (20) of this section. These services shall be in addition to any requirements, additions, policies and procedures as may be established by resolution of the City Council from time to time hereafter. (15) A permittee shall implement by January 1, 2000 for all single-family residential refuse accounts an automated refuse collection system consisting of no less than one standardized container with wheels and lid. The container shall contain a minimum of 10% post -consumer content plastic, and shall be available in capacities ranging from 35 gallons to a maximum of 100 -gallons. Additional refuse containers will be provided upon request of the resident at a surcharge as described in subsection 16. (16) A permittee shalt implement incentive -based rate structures for both residential and commercial sectors by January 1, 2000, based on the "pay as you throw" waste prevention approach. For the residential single-family units (i.e., barrel - served units), a monthly' base rate must be developed, subject to City Manager approval, assuming a single standardized refuse container of 64 gallons capacity, in accordance with Section 8.16.230 (a) Collection Charge. A different container (i.e., 100 -gallons or 35 -gallons capacity) can be supplied upon request of a resident at a monthly rate that shall incorporate a differential of no less than plus or minus 20%, respectively, of the monthly rate fora 64 -gallon container. At no time shall a resident receive greater than 30% discount [including senior and disabled, discounts, and waste reduction incentives (i.e., yard waste reduction and PAYT rate differential)] off the regular monthly rate for any size or combination of containers. A resident may request additional refuse containers of any standard size. However, such containers would be subject to a surcharge to be determined by a permittee and approval of the City Manager, but which may not be less than the aforementioned 20% step increase per container. For commercial units (i.e., bin -served units), a permittee shall develop an incentive -based rate structure that is subject to City Manager approval and that meets the requirements of Section 8.1.6.230 (a). Collection charge. (17) Upon the direction of the City Manager, a permittee shall implement an automated curbside recycling program consisting of at least a 64 -gallon container with wheels and lid. Additional recycling containers will be provided if needed on a complimentary basis upon request of the resident. (18) A permittee shall implement a yard waste collection program with all single-family residents consisting of at least a 64 -gallon container with wheels. and lid. Residents who practice yard waste composting and grass cycling, and generate no yard wastes other than unacceptable yard debris not normally allowed in the yard waste container, can refuse a yard waste container. The customer shall be eligible for no less than a 10% reduction in the base monthly refuse fee, pending verification of the absence of acceptable yard waste in the refuse container and 3 confirmation that the resident has participated in a City-sponsored home composting seminar. (19) A permittee must provide cost-competitive multi-family residential unit recycling systems to . any owner/manager of multi-family residential customer complexes. Such systems require the approval of the City Manager. (20) A permittee must provide cost-competitive commercial sector recycling and waste prevention systems to any owner/manager/operator of a commercial, industrial, and/or institutional source, of waste. Such systems require the approval of the City' Manager. SECTION 7: The City Council declares that should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any,final court action in a court of competent jurisdiction, or by reason of pre-emptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this revision shall remain in full force and effect. SECTION 8: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89.6. ADOPTED AND APPROVED THIS DAY OF 11999. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that : the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on this 21St day of September, 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the V day of October, 1999 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar 4 II! 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 Town Hall Meeting at 4:00 p.m., and a Regular Meeting at 6:30 p.m. in the Auditorium, of the South Coast Air Quality Management District located at 21865 E. Copley Drive, Diamond Bar, California on October 5, 1999. I, Lynda Burgess declare as follows: am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Town Hall Meeting and Regular Meeting, to be on October 5, 1999 was posted at the proper locations. 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 1 st day of October, 1999, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar Jy Lyiyy' %ED W4:1U PAI i14S4 3491ti Y�12SUti5 l3Kl\GhElt _"uu FOUR CORNERS STUDY Format of Public Open House forums (Chino Hills, Brea, Corona) The open houses were held in meeting rooms, with tables and chairs moved to the side Easels were set up, with boards showing the alternatives. (In Brea, there were also boards presenting some of the key points about the study.) Handouts were available, and included; key points, descriptions of the alternatives, and maps of the alternatives. (I'll fax you the handout.) Attendees were free to circulate, look at the boards, and ask questions of the study team members who were in attendance. They were given a form to write down any comments or inputs, and they were asked to leave the comment form on their way out. Proposed Format for Diamond Bar Town Hail Set up easels somewhere in the front part of the room. On the easels, put board with key points and snaps, of the alternatives. (I can bring five easels, and we can put one board on each easel, and one board resting on the floor underneath the other board.) I'll use the Power Point presentation to give a 15-20 minute overview of the reason for the study, ;issues, and alternatives. We'll then open up the forum for questions and answers, with questioners coming to the microphone, and me providing verbal responses. Attendees would be given a handout and a sheet for submitting written comments. us;ls,sy V�,r.l) us:zi r.AA ii4S734918 PAxsuItis Foul- Corners Study Frequently Asked Questions What is the Four Corners Study? , The Four Corners Study is an intercounty planning effort to address long-term transportation needs in the area known as the "Four Comers" where the counties of Los Angeles, Orange, Riverside and San Bernardino meet. The area is bounded by the State Route (SR) -57 on the west, 1-15 on the east, SR -60 on the north and SR -91 on the south. The study scope involves two 'major phases. Phase i is designed to assess current and future transportation problems in the Four Corners area. Phase 11 looks at alternatives and solutions. Why is the area being studied? In developing the Regional Transportation Plan, the Southern California Association of Governments (SCAG) discovered significant long-term mobility challenges for the Four Corners area. if nothing is done to accommodate anticipated growth in Lpopulation and employment, traffic congestion on highways and surface streets will continue to get worse. Who is involved? SCAG the regional planning agency for S_outhern California, a , is funding the $250,000 Four Corners Study. An intercounty coordination group comprised of elected officials and technical staff from cities, counties and transportation agencies is implementing the study.'The Orange County Transportation Authority is providing project management support for the. Four Corners Study and Parsons Brinckerhoff Quade &"Douglas is the project consultant. What is the current status? An ''assessment of transportation alternatives for the Four Corners area is presently underway. Options include expanding highways and surface streets, adding transit services and building new roads and toll roads. A technical review and public outreach programs are currently being conducted. What happens next? During fall 1999, the best concepts will 'be packaged into a preferred transportation strategy and an implementation plan will be developed. Recommendations will then be forwarded' to SCAG for inclusion in the 2001 Regional Transportation Plan. If included, transportation improvements would be eligible for state and federal funding - the "first step in getting a,project off the ground. 09/29/99 Nri! 09:22 1,:L1 7149 34918 Y.ikSOAS BRIM ILER U Four Corners Alternatives Alternative 1a - Maximize HighwayCapacity (Extend SR -81 toll roads) SR -57 Add two general purpose lanes (SR -60 to I-5/SR-221SR-57) SR-60/SR-57 Reconstruct interchanges, include truck by-pass & drop ramp to Grand Avenue SR -71 Upgrade to six lanes in Riverside County and north of SR -60 SR -91 Extend 'toll lanes to 1-15, add toll connectors at SR -241 . SR-71/SR-91 Improve interchange - Metrolink Double peak period service, add bus feeder service to Industry station Express Bus Add intercounty service along SR -57 corridor Alternative 1b - Maximize Highway Capacity (Convert SR -91 toll roads) Same as 1a except SR -91 Convert SR -91 toll lanes to free lanes (two general purpose, 2 carpool) and add two lanes in Riverside County to 1-15 Alternative 1c - Maximize Highway Capacity (NIS & ENV Arterials) Same as 1a plus: New Toll Road Extend SR -241 toll lanes to SR -71 at SR -83 (Euclid) SR -91 Extend toll lanes eastward from 1-15 to Magnolia SR -74 Increase Ortega Highway capacity to four lanes E/W Arterial' Upgrades Edison Avenue to six lanes 1-15 to SR -71 Pine (at SR -71)16 Archibald and east via Schleisman to Arlington N/S Arterial Upgrades Euclid Avenue from SR -60 to SR -71 (six lanes) Archibald/River Road to four lanes Alternative 1d -' Maximize Highway Capacity (SR -83 to SR -241 Connection) Same as 1b plus: - New'Road Extend SR -83 from SR -71 to intersection of SR-91/SR-241 Alternative 2 - Maximize Transit Ridership General Refine transit service routings, examine origin -destination pairs Light Rail Extend Orange County light rail from Fullerton to industry Metrolink Double peak period service, add feeder bus service to West Corona/industry Metrolink stations Express Bus Add express bus along SR -57 corridor Grand Avenue Add exclusive bus lanes Carbon Canyon Rd; Add one reversible lane 09/19i9b 4ED 09:22 FAA x149-1 34918 PARSONS $RIINCk.ER — Liu Four Corners Alternatives (continued) Alternative 3a - Add New Roads and Toll Lanes,(SR-571Brea Canyon) SR -57 Add two high occupancy toll lanes in Orange County SR -71 Add two general purpose and two toll lanes on SR -71 in Riverside County Toll Connections At SRJUSR-91 and at SR-911SR: 241 Tonner Cyn Region Construct a three -lane road (one reversible lane) from Chino Hills Pkwy north of Grand Avenue to SR -57 at Brea Canyon Road (with full interchange); extend a two-lane section to Eucalyptus. Valencia a Road Extend Valencia to Brea Canyon per Master Plan of Arterial Highways Metrolink Double peak period service Alternative 3b - Add New Roads and Toll Lanes (SR-57/Tonner Cyn) Same as 3a with new road through Tonner Canyon region change: Tonner Cyn Region Construct a three -lane road (one reversible lane) from Chino Hills Pkwy north of Grand Avenue to SR -57 at Tanner Canyon Road; add a two-lane extension to Eucalyptus. Alternative 3c - Add New Roads and Toll Lanes (SR-57/Brea Cyn/Eucalyptus only) Same as 3a with Eucalyptus terminus for new road through Tanner Canyon region: Tanner Cyn Region Construct a three -lane road (one reversible lane) from Chino Hills Pkwy at Eucalyptus to SR -57 at Brea Canyon Road. This mad does not connect northerly to Grand Avenue. Alternative 3d: Add New Roads and. -Toll Lanes (SR-571Tonner Cyn/Eucalyptus only) Same as 3b with Eucalyptus terminus for new road through Tonner Cenyon region: Tonner Cyn Region Construct a 3 -lane road (one reversible lane)from Chino Hills Pkwy at Eucalyptus to SR -57 at Tonner Canyon Road. This road does not connect northerly to GrandAvenue. Alternative 4: Regional Transportation Plan SR -57 Add two general purpose lanes SR -60 Add truck lanes SR -71 Add two general purpose and two high occupancy vehicle lanes'} mixed flow capacity - SR -91 Add toll lanes in Riverside County+ mixed flow capacity Corona Bypass New road from 1-15 to SR-91/SR-71 through Corona High Speed Rail Add high speed rail to Inland Empire via Eastern Transportation' Corridor i U9%zy.9� tkhl) 09:23 r:U 7149134918 1� t2S(ivs BI�J.�c:t .{� U, U� Yyiyy FIED Ua:lis t -.-U i14S 34818 PARSONS BK1ACKER u u 0 N I tt j I C y o � d Ulu 4) c o. m I m m > m N C1 O os Cwt 41 .1 tLG p coI I a s > a r > _ i wamv N �s V 1 s•�s _ Oto _ � C "m r WI W � 3 ti�a .0 r ? O d�c� •� '�lbga� sa 4'a8 ue �a6�b i- � ; C.3 �a a O •� d,�a CD a im LO D o p 10 I O a ly >;4 ..situ cl ¢ wI m � II Ililullll � I i IEtnl(f 08/25/99 WED U9_24 F -X 71497:34916 Y:>RSOINa { Q { � � V c oI a e LL m l � Y•y ml� m{ { � m •O \ OAV /eq?!! Dca ca \/ / 0- WAY P1J3n3 Q?/ 9e >. 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C V I , d mt'- M o►a 13 ,� � � a x at m - cc 49zsamu, of �I i i 1p I Q c O �I VI I mI d at m - of �I i Q I - o w •.. 0 _ o z` LL C � L - Of +r Gi t U) i� ca c. all Ril �Ililll FOUR CORNERS STUDY SUMMARY OF INITIAL RECOMMENDATIONS • Pursue strategies to optimize peak traffic carrying of 91 toll lanes. Specifically, in the Cost Short-term improvements ($ million) • improve 91/Lakeview interchange to eliminate southbound -to -westbound on-ramp. 2 • Develop auxiliary lanes on SR -91 where not existing between SR -241 and SR -55 2 • Develop Metrolink feeder service from Chino and Chino Hills to Industry (or Pomona) Metrolink station. 9 • Develop express bus service from Industry Metrolink station to activity centers in Orange 100 County. 16 • Conductdetailed design alignment study of new road connecting Chino Hills with SR -57 70 through Tonner Cyn area, to identify an alignment which: 2 • minimizes visual and noise impacts on nearby Diamond Bar residential areas 60 • avoids Boy Scout camp facilities and activity areas • avoids wildlife migration corridor 30 • doesnotconnect to Valencia Avenue 65 • Develop a focused marketing effort to encourage carpooling, vanpooling, and transit 250 ridership in the Four Corners area: • Implement more Freeway Service Patrols on Four Corners freeways. 10.9 •Develop package of incentives to reduce peak period travel demands, mode shifts, increase 60 employment in Inland Empire, and increase affordable housing in Los Angeles and Orange 16 Counties. Total cost of Short-term improvements 41.9 Long-term Improvements • Pursue strategies to optimize peak traffic carrying of 91 toll lanes. Specifically, in the following order of preference: • Support sale of 91 toll lanes to non-profit organization. • Provide financial incentives to CPTC to encourage peak period toll structure which optimizes usage and encourages carpooling. • Purchase toll lanes. • Upgrade 91/55 interchange if toll lanes converted to non -toll. 100 • Eliminate pinch -points and lane drops on SR -91 between SR -241 and SR -71 • Add two toll lanes on SR -91 between SR -241 and SR -71 70 • Construct connector ramps between SR -241 and 91 toll lanes 90 • Construct connector ramps between SR -71 and 91 toll lanes 60 • Add two lanes on SR -91 between SR -71 and 1-15. (part of 91 toll lane franchise unless toll lanes converted to non -toll) 30 • Upgrade SR-71/SR-91 interchange 65 • Improve 60/57 interchange to increase capacity and reduce weaving/merging. 250 •Develop HOV'ramps at Grand Avenue/SR-60 in association with improvement of 60/57 interchange. 6 • Upgrade SR -71 to six -lane freeway from SR -60 to 1-10. 60 • Develop bus transit from Chino to Ontario Airport 16 • Add two lanes on SR -57 from SR -60 to SR -22. If new road developed through Tonner Canyon area, new lanes could terminate on north where new road connects with SR -57. 300 • Develop new road from Chino Hills to SR -57, pursuant to results of detailed alignment study. 180 • Widen Eucalyptus Avenue if needed, pursuant to results of detailed alignment study. 3 • Upgrade Euclid Avenue (SR-83)to a six -lane arterial from SR -60 to SR -71. 27 • Upgrade SR -71 to a six -lane freeway from Euclid Avenue to SR -91. 22 Total cost of long-term improvements 1279 Further Study • Evaluate Riverside -Orange County corridor improvement options in the context of future travel demands and the effect of transportation system capacity on development potential in the Inland Empire • Evaluate feasibility and impacts of developing a new arterial, corridor linking Pine Avenue, Schliesman Avenue, and Arlington, • Evaluate potential usage and cost-effectiveness of Metorlink feeder service between Chino and West Corona • Evaluate potential usage and cost-effectiveness of Metorlink feeder service between Temecula/Murrieta and Corona. • Evaluate feasibility and cost-effectiveness of park/ride near Imperial Highway/SR-91 with drop ramps to/from toll lanes. • Evaluate cost. -effectiveness of truck lanes on SR -60. • Evaluate cost-effectiveness of high speed rail. Policy Recommendations • Support development of additional Metrolink connections at destinations. • Encourage local agencies to develop dedicated bike lanes to transit stations. • Encourage SCRRA to implement more frequent Metrolink service. • Support greater involvement of the business community in the transportation planning process. • Support efforts of state and local agencies to cooperatively implement ITS strategies in a coordinated fashion in the Four Corners area. • Support Caltrans' efforts to develop more park-and-ride lots. • Work with SCAG to ensure that regional demographic forecasts are compatible with feasible transportation infrastructure and support objectives of increasing employment in the Inland Empire and increasing affordable housing in Los Angeles and Orange Counties. • Support efforts of local agencies to cooperatively implement signal synchronization strategies in a coordinated fashion in the Four Corners area. - Support implementation of smart shuttles in the Four Corners area in cases where demonstrations show promise of effective transit service. • Support strategies to encourage transit -oriented development and mixed-use development where practical and viable. Not Recommended • Construct new road connecting SR -83 to SR -241. • San Bernardino County -Riverside County toll corridor. • Corona bypass toll lanes. • Extend Orange County light rail to Industry. • Extend Valencia Avenue to Brea Canyon Road. • Peak hour bus lanes on Grand Avenue_ • Widen Carbon Canyon Road to add a reversible lane. Z J LLJ a x y� 25 G7 5 C c > 3 E o o a o w. w D N v o Qat c co� E _. U O O y w G. G .} -j- 0 - N _ N. O CD . U Ti O 6 N O G E N .Q..-C.• 'F 'F' GO C 0 CL 0 p Q E -Q N a N y C co O 'C m d _ t o=mE p Ea In E O GCa_ N - U -Q i A G _. m . N p m I1 LL C"O y >- w O 2 Q.. Q > C yE E a G 4 -N U C ca _ .N p N a 3. N -a0) E (D 3 y N �' y.. w_° N. _ CO x0 + + E �_ cc Ac U` 3 N a) 75 O G O L p p .J co i � d fn C f0 > U 4 N ti > O r N 'p N CL m > o C m U @ (9 G O O i T N 0) p.. U •— 2 G w .. IV Lf)N N r=i. 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O C O Q m C c�a75 0) E 20 > 0o COO i;5 c C - C C VY U- L 2: f U m '�, C 0 LUO .. (D U- V p <nw w r 0 Cu W Co (D > O m C m w h O C C m C) O C 30 U LL E, o -a +- a v CL m fl7 y C C = O CL' � o° moca O U_ O O OL ca p O CD- m cv C C _ y a O cn O .D C O 43 f0 C _O L > M (DN ) .. y '06 n com 3 O m C O h N O O cq O O FF- a L y O C N O C p, C 0 X O co C 0 >, .0 N = >, Co ._ O O cn E L (Q M E O C C y N @ y a fnm m >,a) a> O) O: O a) L .- m 7 .y i C i> +r w w N 0 O C O N m 0 Y C>, O N U O C O 'T "O oa c (0 LL C N mLL Y C y NUCC V00O O > w E caO 0 O 0 00 a) p O m O. C ca 0> Oa O .. •N�UD a. cn CL O uN ° cu OO t5 5 a)m O ) 0 NC - m OZ o mN••' O0OOU>fO C -,Ep'o6 Em0)a) Cl) No O O) C 0 �m cm Yo .0) O cc QEEozoO V0 E(D >C p � en c C o> o LL N N N .O O o Co E co 0 C >cn O O) _v a—cp L O c C7 m O O O ° L cn v o sme ° U U m m Q° N E C U O' > �'0 w U) V- N m a y+ 0 mrna)bU � �(D E L O a _ C ,c0 c` C C C 3 E aEi L Q= 0 0 0 0 �, 0 0 0 O O a Cl. a Y a a a CL = m a0 v aaa o ami aaa O n O 5L> cOnwwcoU)U)) �c°oV)U)) i SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 87.8 West Seventh Street 12th Floor I A l l•f September 13, 1999 Mr. Terrence L. Belanger City Manager City Of Diamond Bar 21660 E. Copley Dr. #100 Diamond Bar, California 91765-4177 Dear City Manager Belanger: os nge es, Ca 1 omia On October 4-8, millions of commuters throughout California will be leaving 90017-3435 their vehicles at home and instead carpooling; taking transit, bicycling or even t (213) 236-1800 walking to work as part of the fourteenth annual Rideshare Week. It is the f (213) 236-1825 largest event of its kind in the nation, and a valuable opportunity for cities to show their commitment to reducing traffic congestion and smog. wwwscag.ca.gov officers: • Pr -'dent: Supervisor Z,,Yamsaysky, While the campaign lasts for just five days, Rideshare Week is actually the Los Bu les City of Los v P - Seco Mayor culmination of months of marketing activities aimed .at motivating commuters PresideRon Bares, aty of Los Alamitos • s«oriel vice Country - 5uperns rlPa Davis,SanBernardino 1 to try ridesharing That's why we're _contacting you, aswellas your mayor to - C ry imm d to Paso Pre dent. Mayor Bob ity I deriO CouPMonro V - explain how your city can play a' -leadership role in this exciting campaign. -Imperial Couuty Tom Veysey, Imperial County David Dbillon, EI Centro .Los Angeles County: Yvonne, Bram vaxe Rnrke, _ 1c, gelrsEileen Yo»o a,�An B b To start, we urge you to issue a proclamation declaring October 4-8 , 1999 Bardet4 Mom a Bruce Rarrows Cernros 11 It Grnrgc Was, Bell Hal Benson, Las Angeles . Rideshare Week in your jurisdiction. Enclosed is a sample proclamation, Chns Christiansen, Govma Robert Bru sch, along with a faxable form that you can send in to receive free posters and Rosemead • Laura Chick, Ins. Angeles • Gene Daniels, Paramount . John Fenno, Los Angeles - Michael Ferrer, Los Angeles • Galante, Las . brochures for your businesses and residents. A representative from SCAG's Angels • Jackie Coldberg, L Angel • Ray Grabmdb, Long Be ch - Dee H on, T rrance . Rideshare Department will soon call to discuss additional ways you can get Mike Hernandez Los Angeles • Nate Holden, Los - - - Angeles .L- Kirkley Inglewood • Keith involved in this -exciting ..event. McCarthy Dow cy - Cindy MistiL -wski, Los - - Angeles • David Alyers, Palmdale • Stacey Murphy, Burhm1c Pam. O'Connor, Santa Monica • Jenny ° peaa'LongBeach•NickPacheco,LosAngeles Just as ridesharing is about teamwork so is this year's Rideshare Week. We Alex Padilla, Los Angeles • Bob Pi ler, Redondo , Reach Beatrice Proo, Pico Rivera • Mark: Ridley - - Th , Los, Angeles • Ricard Riordan, Los . ,nook forward to workingwith you to help promote alternatives to driving alone Angeles • Martine Shaw, Compton • Rudy - Svonmch, Los. Angeles • Paul Tar ot, Alhambra • In Southern California. Joel Wachs. Los Angeles-,Rita.VMn,,s, Los ,Angeles • Dennis Washburq.Calabasas • Paul Zee,. South - Pasadena Orange Covnry: Cbarlesandth, Orange County Sin rel Ron Bates, Los Alauu[os •'Art Brown, Buena Park • - Eiaabeth Cowan; Costa Mesa • Jan Debay, Newport - Beach CD Yong, L g a Niguel Richard onaLake Forest • Duke,.La Palma ShirdlyMcCracke Anahein.-Bv Perry. • t //r //" u - Brea - RiversideCounty.-James Venable, Riverside County - Dick Selly, Palm De— - Jan Leja, - Be to = • Ron Loveridge, Riverside • Andrea - Mark Pisano - Puga, Corona • Ron Roberes, Temecula - - San Bernardino County- Kathy Davis, San Executive Director B—prdiuo County - Bill Alexander, Rancho - Cu ainopga • Jim Bagley,Twentynme Palms • David Eshleman, Fontana • Lee Ann Garcia, Grand T. rice - - • G_ Norton -Perry, Chi- Hills • Ray Ruekcq EnelosureS Highland - Vennra County: Judy Mikels, Neu= County. Donna De Paola, Sari Buenaveutnra • Andrew Fox, - Thous rid Oaks • Toni Young, Port Hueneme - Riverside County Transpoxlalion Comntisuore - - Robin Lowe, Hemet V tura County 11ransportatiou Comwission - Bill Davis; Simi Valley ® Printed an Recycled Paper 559-8/24/99 c;w .. r os nge es, Ca 1 omia On October 4-8, millions of commuters throughout California will be leaving 90017-3435 their vehicles at home and instead carpooling; taking transit, bicycling or even t (213) 236-1800 walking to work as part of the fourteenth annual Rideshare Week. It is the f (213) 236-1825 largest event of its kind in the nation, and a valuable opportunity for cities to show their commitment to reducing traffic congestion and smog. wwwscag.ca.gov officers: • Pr -'dent: Supervisor Z,,Yamsaysky, While the campaign lasts for just five days, Rideshare Week is actually the Los Bu les City of Los v P - Seco Mayor culmination of months of marketing activities aimed .at motivating commuters PresideRon Bares, aty of Los Alamitos • s«oriel vice Country - 5uperns rlPa Davis,SanBernardino 1 to try ridesharing That's why we're _contacting you, aswellas your mayor to - C ry imm d to Paso Pre dent. Mayor Bob ity I deriO CouPMonro V - explain how your city can play a' -leadership role in this exciting campaign. -Imperial Couuty Tom Veysey, Imperial County David Dbillon, EI Centro .Los Angeles County: Yvonne, Bram vaxe Rnrke, _ 1c, gelrsEileen Yo»o a,�An B b To start, we urge you to issue a proclamation declaring October 4-8 , 1999 Bardet4 Mom a Bruce Rarrows Cernros 11 It Grnrgc Was, Bell Hal Benson, Las Angeles . Rideshare Week in your jurisdiction. Enclosed is a sample proclamation, Chns Christiansen, Govma Robert Bru sch, along with a faxable form that you can send in to receive free posters and Rosemead • Laura Chick, Ins. Angeles • Gene Daniels, Paramount . John Fenno, Los Angeles - Michael Ferrer, Los Angeles • Galante, Las . brochures for your businesses and residents. A representative from SCAG's Angels • Jackie Coldberg, L Angel • Ray Grabmdb, Long Be ch - Dee H on, T rrance . Rideshare Department will soon call to discuss additional ways you can get Mike Hernandez Los Angeles • Nate Holden, Los - - - Angeles .L- Kirkley Inglewood • Keith involved in this -exciting ..event. McCarthy Dow cy - Cindy MistiL -wski, Los - - Angeles • David Alyers, Palmdale • Stacey Murphy, Burhm1c Pam. O'Connor, Santa Monica • Jenny ° peaa'LongBeach•NickPacheco,LosAngeles Just as ridesharing is about teamwork so is this year's Rideshare Week. We Alex Padilla, Los Angeles • Bob Pi ler, Redondo , Reach Beatrice Proo, Pico Rivera • Mark: Ridley - - Th , Los, Angeles • Ricard Riordan, Los . ,nook forward to workingwith you to help promote alternatives to driving alone Angeles • Martine Shaw, Compton • Rudy - Svonmch, Los. Angeles • Paul Tar ot, Alhambra • In Southern California. Joel Wachs. Los Angeles-,Rita.VMn,,s, Los ,Angeles • Dennis Washburq.Calabasas • Paul Zee,. South - Pasadena Orange Covnry: Cbarlesandth, Orange County Sin rel Ron Bates, Los Alauu[os •'Art Brown, Buena Park • - Eiaabeth Cowan; Costa Mesa • Jan Debay, Newport - Beach CD Yong, L g a Niguel Richard onaLake Forest • Duke,.La Palma ShirdlyMcCracke Anahein.-Bv Perry. • t //r //" u - Brea - RiversideCounty.-James Venable, Riverside County - Dick Selly, Palm De— - Jan Leja, - Be to = • Ron Loveridge, Riverside • Andrea - Mark Pisano - Puga, Corona • Ron Roberes, Temecula - - San Bernardino County- Kathy Davis, San Executive Director B—prdiuo County - Bill Alexander, Rancho - Cu ainopga • Jim Bagley,Twentynme Palms • David Eshleman, Fontana • Lee Ann Garcia, Grand T. rice - - • G_ Norton -Perry, Chi- Hills • Ray Ruekcq EnelosureS Highland - Vennra County: Judy Mikels, Neu= County. Donna De Paola, Sari Buenaveutnra • Andrew Fox, - Thous rid Oaks • Toni Young, Port Hueneme - Riverside County Transpoxlalion Comntisuore - - Robin Lowe, Hemet V tura County 11ransportatiou Comwission - Bill Davis; Simi Valley ® Printed an Recycled Paper 559-8/24/99 �. RIDESHARE WEEK SAMPLE PROCLAMATION WHEREAS, millions of commuters throughout California will be using an alternative commute as part of the fourteenth annual Rideshare Week; and WHEREAS, this statewide campaign promotes carpooling, vanpooling, taking transit, bicycling, walking, and telecommuting as methods that help reduce auto traffic and air pollution; and WHEREAS, Southern California Association of Government's rideshare services is working with employers and community organizations s throughout our region to organize events that help commuters give rideshare to work'a try; and WHEREAS, the City of _ supports the Rideshare Week campaign and urges all residents to try an alternative method of transportation at least once during the week; NOW, THEREFORE, I Mayor of California, do hereby proclaim October 4-8,1999 RIDESHARE WEEK in the City of l A, HOW YOUR CITY CAN GET INVOLVED IN RIDESHARE WEEK 199 What You Can Do... How SCAG Can Help... 1. Issue. a proclamation declaring October 4-8 Call us -we usually request that "Rideshare Week '99" in jurisdiction. proclamations be mailed to our offices at the your address below but it is sometimes possible for a SCAG rideshare services representative to pick up the proclamation at your city council I meeting. 2. Distribute Rideshare Week "pledge cards" • We can supply pledge cards (which qualify for prizes). Send in the enclosed at city offices, libraries, and city events as well ferments as on buses or city shuttles. 3.r t an announcement on Post our city h' • Sample text can be provided. marquee and bulletin boards, city web page, or local public access TV calendars of events. le pledge y in ourl city • Pledge card artwork is available on print-out newsletter des,card or disk. , Jr Include an article on Ride have Week in • SLAG can provide a press release or sample article, along with clip art. your city newsletter/ guides. 6. Post a Rideshare Week display at • Counter top displays are. available for your community events. I use. %. Run a Rideshare Week promotion on your Call us to learn what other transit providers transit lines, such as a "friends Tide free" day or will be doing that week. discount pass promotion. 8. Include advertisements on your buses or • Artwork for printing bus boards or ads is include a Rideshare Week message in available on disk; a limited supply of re - pp p transit print or radio advertising. your printed materialsmay also be available. 9. Provide Rideshare Week posters to local 'Posters are available free. businesses through your chamber of commerce or other outreach.' FOR DETAIL, CALL AL RANGEL AT SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AT (661) 273-2425' Southern California Association of Governments Southern California Rideshare '. 818 West 7th Street, 12th Floor Los Angeles, California 90017 i Materials Request Form Y� Fax to: 213/236-1803 e e , OCTOBER 4-8 Thank you for your interest in Rideshare Week '99, October 4-8. Just complete and send in this form (by Sept. 17, please), and we'll send you materials to help promote the event to your residents. Name; Title: Phone City/Organization Address City State Zip Proclamations Will you be issuing a proclamation in support of Rideshare Week '99? [ ] yes [ ] no (] don't know If yes, on what date? Brochures/Posters • Pledge cards—Free colorful pledge cards allow your city's residents to make a commitment to sharing the ride, receiving individualized commute information, plus win 'prizes! Pledge cards requested [ ] 50 [ ] 100 I ] 200 [ 1 500 [ ] 1,000 other • Posters -Perfect for city offices, libraries, and local businesses to promote Rideshare Week. Posters requested ] 5 [ ] 10 [ ] 25 [ ] 50 other Questions? Call Southern CaliforniaAssociation of Governments' Al Rangel at (661) 273-2425. The Rideshare Week materials described here are for outreach to residents and businesses. if the employees at your city offices would like to participate, please give us a call and 'we'll send you materials that you can use to participate as an employer—call 213/236-1984, or check SOUTHERN CALIFORNIA with your city's employee transportation coordinator. ASSOCIATION of GOVERNMENTS Southern California Rldeshare # 896 RSW Nwteriol Form - SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 112th Floor Los Angeles, California 90017-3435 t (213) 236-18oc f (213) 236-1825 September 10, 1999 0,1-1- 'A ` F t kY v� 9 Honorable Wen Chang Mayor City Of Diamond Bar r 21660 E. Copley Dr., #100 Diamond Bar, California 91765-4177 Dear Mayor Chang: On October 4-8, millions of commuters throughout California will be leavil their vehicles at home and instead carpooling, taking transit, bicycling or even walking to work as part of the fourteenth annual Rideshare Week. It is the largest event of its kind in the nation, and a great opportunity for cities to show their commitment to reducing traffic congestion and smog.. W W W.Scag.ca.gov • I encourage you to join the other cities throughout the SCAG region that are Offs President: S7tnernsor 7xv Yaroslaysky, Los Angeles County • First Vice President: Mayor Ron Bates, City 1� issuing proclamations declaring October -4-8 "Rideshare Week." SCAG's of Alamitos • Second Vice Pmsidenu Supervisor Kathy Davis, San Bemardrno County • Immediare Past President: Mayor Boli rideshare services will promote the event through an extensive media campaign Barden, City. nfl,I°nr°`iathat Imperial. County: T is already underway. The support that you lend would provide an Veysry, Imperial County • David Dlu6nn, Id Centro - - invaluable -boost to publicity efforts. Los Angeles County, Yvonne Brathwaite Burke, Los Angeles County. - Zev Yawslaysky, I- Angeles County • Ell—Arssari, Diamond Bar - Bob Bartlett, Monrovia'• Bruce Barrows, Cerritos • Bass,. Bell . Had Bern—, Enclosed is a list of ideas on how your city can play a leadership role in the .George Los Angeles Chr s Christiansen; Covina - Robert B—ch, Rosemead • Laura Chick, Las Angeles Gene 1 Rideshare Week 99 campaign. This information is also being to your city Daniels, Panm t .John Fe rand, Los Angeles Mrhal Feuer, Los Angels • B ih Galanter, Los • .sent manager, who will be contacted by a SCAG Rideshare Department Angelesv Jackie Goldberg, Los Angeles • Ray G abhedd, Long Beach • Dee Hardison, Torrance • representative to discuss involvement opportunities in greater detail. Mike Hernandez,: I.. Angeles • Nate Holden, Los Angeles • Law — Kukley, Inglesvood •Keith McCarthy;own Downey •.'Cindy Mrkowa" Los' sl Angeles • David Myers, Palmdale • Stacey Murphy Burbank • Pam On behalf of SCAG's Rideshare Services I thank you for your efforts to O'Connor, Santa Monica • Jenny Oropemdilla,LonBeath' NickBobFiPacheco, r, Redonles •Alex Padilla, Los Angeles •ob Pinzler, Redondo do 7 promote alternatives to driving alone and provide a valuable service to your ea Beach • Beatrice Pim Rivera • io k Ridley- idley- businesses and residents. ' Angeles Thomas, Los Angeles Richard Riordan„ Los Angeles • Martine Shaw, Compton • Rudy Svormich, Los Angeles • Paul Talbot, Alhambra •. Joel Wachs, Los Angeles • Rita waiters, Los Angeles - Dennis Washburn: Calabasas • Paul Zee, South Sincerely, Pasadena Orange C—ty: Charles Smith, Orange County . Ron Bates, Los Alamitos • Art Brom, Buena Park Elizabeth Cowan Costa Mesa •Jan De is Newport Beach • Cathryn D Y ung, Laguna Niguel •. Richard Dixon, Lake Fnten •Alta Duke, in Palma • f/ �.•„ Shirely McCracken, Anaheim • Bev Perry, Brea v 6'r Riverside County: James Venable, Riverside C uuty • Dick Kelly, Palm D • Leia, ark Pisano - - - sett ran B aumon - Ron Loveridge, Riverside,- Andr. Executive.. Director Puga, Corona • Ron Roberts, Temecula San Bernardino County: Kathy Davis, .San - Bernardino County • Bill Alexander. Rancho C nga• Jim sagleY,1%—tynme Palms • Dad Enclosures Eshleman, Fontana • Lee Ann Garcia, Grand'Ietrace - • Gweem Vorton-Perry, Chino Hills • Ray Rucker, highland Ventura County; Judy Mlkels, Veins County Donna De Paola, San Buenaventura • Andrew For, Thousand Oaks • Tbnilsoung, Pon Hueneme Riverside Commty Tkavaportation Commission Robin Lowe, Home[ - - Ventura County Transportation Commission - - Bill Davis. Sinn Valley ® Printedon Recyled Paper 539-8/24/99 - RIDESHARE WEEK SAMPLE PROCLAMATION WHEREAS, millions of commuters throughout California will be using an alternative commute as part of the fourteenth annual Rideshare Week; and WHEREAS, this statewide campaign promotes carpooling, vanpoohng, taking transit, bicycling, walking, and telecommuting ,as methods that help reduce auto traffic and air pollution; and WHEREAS, Southern California Association of Government's rideshare services is working with employers and community organizations throughout our region to organize events that help commuters give rideshare to work a try; and WHEREAS, the City of _ supports the Rideshare Week campaign and urges all residentsto try an alternative method of transportation at least once during the week; NOW, THEREFORE, I Mayor of California, do hereby proclaim October 4-8,1999 RIDESHARE WEEK in the City of HOW YOUR CITY CAN GET INVOLVED IN RIDESHARE WEEK 199 What You Can Do... How SCAG Can Helms 1. Issue a proclamation declaring October 4-8 Call us -we usually request that proclamations be mailed to our offices at the "Rideshare Week'99" in your jurisdiction. address below but it is sometimes possible for a SCAG rideshare services representative to pick up the proclamation at your city council meeting. 2. Distribute Rideshare Week "pledge cards" • We can supply pledge cards (which qualify residents for prizes). Send in the enclosed at city offices; libraries, and city events as well _ form. as on buses or city shuttles. 3. Postan announcement on your city • Sample text can be provided. marquee and bulletin boards, city web page, or local public access TV calendar of events. 4. Print a pledge card in your city • Pledge card artwork is available on print-out or disk. newsletter/ guides. 5. Include an article on Rideshare Week in SCAG can provide a press release or sample article, along with clip art. your city newsletter/ guides. 6. Post a Rideshare Week display at • Counter top displays are available for your community events. use. %. Run a Rideshare Week promotion on your * Call us to learn what other transit providers transit lines, such as a "friends ride free" day or will be doing that week. discount pass promotion. 8. Include advertisements on your buses or Artwork for printing bus boards or ads is include a Rideshare Week message in your available on disk; a limited supply of pre - printed materials may also be available. transit print or radio advertising. 9. Provide Rideshare Week posters to local ► Postern are available free. businesses through your chamber of commerce or other outreach.' FOR DETAIL, CALL AL RANGEL AT SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AT (661) 273-2425 Southern California Association of Governments Southern California Rideshare 818 West 7th Street, 12th Floor Los Angeles, California 90017 COUNTY OF LOS ANGELES • DEPARTMENT OF HEALTH SERVICES _ t' PUBLIC HEALTH PROGRAMS AND SERVICES CHILD HEALTH AND DISABILITY PREVENTION PROGRAM .�v'. 5555 Ferguson Drive, Suite 120-15, Commerce, California 90022 Telephone: (323) 890-7941 FAX: (323) 890-0825 Y ✓ September 20, 1999 N1 h Dear Sir or Madam:ZZ IA, Z) 7 Re: "Child Injury and Violence Prevention Week" -October 18-22,1999 �I.D .. 1 would like to take this opportunity to introduce the County of Los Angeles/Department of , u Health Services Child Health and Disability Prevention (CHDP) Program. The Child Health and Disability Prevention (CHDP) Program is a Federal and State mandated preventive health care program for infants, children, teens and young adults. The goals of the program are to encourage families to seek preventive health care, identify and prevent health problems, and link people with treatment, education and support services when needed. Eligibility for CHDP services are low/moderate income from birth to 19 years, Medi. -Cal clients from birth to 21 years of age and children in Headstart and State Preschool Programs. CHDP offers comprehensive preventive health check-ups at No Cost to the family. The health physical exam includes a complete medical and developmental history, dental screening, nutrition assessment, vision and hearing test, immunizations, lab tests,. tobacco avoidance and cessation counseling for patients and caregivers and health education. Through the CHDP program, infants, children and teens can obtain regular,preventive health assessments to identify any health problems and help children and teens stay healthy. On behalf of the CHDP program we are requesting to proclaim the week of October 18-22, 1999 as "Child Injury and Violence Prevention Week". Enclose you will find sample proclamations and additional information. Should you have any _question, please call meat (323) 890-8608. Sinc My, Maria T. Pacho, MPH Injury Prevention Health Educator CHDP Administrative Headquarters Sample Proclamation "CHILD INJURY AND VIOLENCE PREVENTION WEEK" October 8-22, 1999 Whereas, in 1976 the County of Los Angeles; Department of Health Services began the Child Health and Disability Prevention Program as a preventive health care program for infants, children, teens and young adults; and Whereas, the goals of the Child Health and Disability Prevention Program are to encourage families to seek preventive health care, identify and prevent health problems, and link people with treatments education and support services when needed; and Whereas, these checkups includes compiling a complete medical and developmental history, dental screening, nutrition assessment, vision and hearing test, immunizations, tuberculosis screening test, anticipatory guidance health education for patients and caregivers; and Whereas, exposure to violence has been identified as a significant public health problem and has reached epidemic proportion; and Whereas, stopping the -violence the violence starts at home and in the community, and everyone can help children feel safe and secure by controlling their own anger and role -modeling peaceful conflict resolution, eliminating or locking up guns in the home, and by pulling the plug on TV violence; NOW, THEREFORE, I __—_ �, Mayor of the City of _w__r____ on behalf of the entire City Council and its citizens, do hereby proclaim the week of Oct___ as "CHILD INJURY AND VIOLENCE PREVENTION WEEK' in the City of __, County of Los Angeles, State of California. Proclaimed, ---- _—_ date--- ------------------ Mayor's signature Child Health Month 1996 bample Proclamation Whereas, exposure to violence has been identified as a significant public health problem and has reached epidemic proportions; and Whereas, exposure to violence and being a victim of violence are significantly connected to self-reported weapon carrying and aggression toward others, as well as to depression, eating disorders, low self-esteem, poor school performance and suicidal tendencies; and Whereas, children are being exposed to severe and chronic violence at younger ages, and young children witness much of this country's violence not on the street but in their homes; and Whereas, " by age 18 the average American child will have viewed about 200,000 acts of violence on television alone; and Whereas, media violence is especially dangerous to young children because they cannot easily tell the difference between reality and fantasy; and Whereas, media violence can make children less, sensitive to violence and victims of violence and increase their appetites for more violence in entertainment >and in real life; and Whereas, we are all responsible for the fact that a level of violence has become acceptable in our homes and communities; Now, therefore, I (Name and Title) of the (State or municipality name or name of other governing body) do hereby proclaim the month of October 1996 as "Child Health Month" and urge all who reside in this (State or community) to take responsibility for reducing the amount of violence our children are exposed to in the media or in real life. I urge you to work together to change the image of violence in American society from acceptable to despised and without tolerance. Each one of us can start by: • controlling our own anger and role -modeling peaceful conflict resolution for our children; • eliminating guns from our homes or keeping them unloaded and locked up; and • pulling the plug on TV violence. Stopping violence starts at home where all children deserve to feel safe and secure. Signed: Date: `U.S. COMMITTEE OF C., MAYORS ON RESOURCE &I CONSERVATION Aug.26 1999 C��k l � AND POPULATION V The Honorable Wen Pin Chang Z 107 Second Street, N.E.0 Washington, DC 20002 # 21660 Copley Dr (202) 544-3300 Diamond Bar, CA 91765-4173 Fox (202) 544-0068 v to Alvin P. DuPont Dear Mayor Chang, Tuscaloosa, Al James F. May Today our world is being plagued by alarmingly high rates of maternal and infant Uniontown, At . Richard C. Ki I llincsworth m I ortality, environmental degradation, malnutrition and unemployment...;_,__ Prescott V.J1e>,AZ A-.cordL-igtothe T-L,-sited Natio -is,-,-,ithis. Julie Partansky the next decade, more than half of the world's population, an estimated 3.3 Davis, CA billion, will be living in urban areas. As urbanization increases, vast expansion George Waters and migration to our small towns will occur, and thus will effect your city. This National OV, Ledford CA James change will have vast implications for both human beings and for the C. Palmdale, CA environment. An educated citizenry is necessary to curb these trends. Joe Rice Gl,nclale, CO For these reasons, Mayors nationwide have joined the U.S. Committee on Gilda Cabreera Oliver" Resource Conservation and Population as a means of promulgating support for Hialeah Gardens, FL Mara Giuliano World Population Awareness Week (WPAW). All Mayors are now being asked Hollywood, FL to proclaim WPAW 1999, held October 10 through..Ociober", 1,6-,, Your Joyce Rogers proclamation would reinforce the � importance of � ei,-,s,su'e,sb,-yadvocating Inverness, FL consciousness and education both in your city and throughout the U.S. Julio Robaino South Miami, FL Edward Mulvaney The theme of this year's WPAW is "The Year of 6 Billion". With the world's IL Rock Falls, population scheduled to reach 6 billion on October 12,1999, WPAW aims to Mark W. Schiewbert raise international awareness of the importance of seeking voluntary and Rock Island, X responsible solutions to slow the current rate of population gro Last year Kenneth P. Johnson r- Wood ValeIL WPAW saw 33 Governors, 245 Mayors and 86 countries partiqipate: thus raising Robert Bercik population awareness across the globe. Whiting, IN Lloyd J. Parker Enclosed is a sample draft proclamation, as well as information concerning Junction City, KS World Population Awareness Week and a fax response form. If you choose to Abe E. Pierce Monroe, LA participate by, proclaiming WPAW 1999 and decide you would like to be listed Salvatore Caruso as a member of the U.S. Committee on Resource Conservation and Slidell, LA Population, you can indicate such on the fax response form (The U.S. Jeanne M. Stine Committee on Resource Conservation and Population will be entirely Troy, MI managed by The Population Institute, requiring no financial commitments from Edward Bivens, Jr. your office ). If you have any questions.please contact our Public Policy Assistant, Heather Dahlberg, at 17800-787-0038 ext. 114. Thank you for your Mary WanC Albert Lea, n N time and consideration. We hope to hear from you soon. Johnnie Mosley Kingston, NC. Sincerely, Macedonia, Joseph MiQliorini [Iced, OH A/�%ff �J� Merle Gordon Beachwood, OH WernerForms Gary Radar President weathorFord, OK Billy Moore San Marcos, TX Peter Clavelle Burlingoton, VT ID Printed on recycled pp., E-mail:web@populationinstitute.org Websile:http://www.populationinstitute.org R WORLD POPULATION AWARENESS WEEK MAYORAL PROCLAMATION -1999 WHEREAS world population is projected to reach six billion this year, a trebling of the planet's human numbers within this century and an event that will be symbolically recognized on the Twelfth of October; WHEREAS state and local jurisdictions, including the City of are confronted with environmental and societal challenges such as water shortages, traffic congestion, inner city deterioration, curtailment of basic services, climate change,, and the spread of infectious diseases; WHEREAS these challenges are inextricably linked to patterns of considerable demographic change, such as areas west of the Mississippi River doubling in population size as rapidly as Africa, the world's fastest growing region; WHEREAS urban areas historically have served as centers of trade, transportation, industry and markets, providing the economic and cultural diversity and vitality that often define the very nation or region in which they are located; WHEREAS the detrimental: aspects of urbanization are most severe in developing countries, where grinding poverty and lack of resources compound their impact, but vulnerable to their consequences; p e also extremely industrialized countries with their consumptive lifestyles ar q WHEREAS urban areas of the industrialized world are expected to absorb over one billion additional people in the final quarter of the 20"' century and another two billion in the first quarter of the 21" century; WHEREAS over 50 percent of the world's more than six billion people are expected to live in urban areas early in the next century, and by the year 2020 urban population is projected to exceed five billion, or 61 percent of the world total; WHEREAS the challenges of rapid population growth and urbanization call for innovative Ieadership to ensure resource conservation, protection of open space, waste prevention, sanitation management and a higher quality of life; NOW, THEREFORE, 1, MAYOR OF (city, state), PROCLAIM THE WEEK OF OCTOBER 10-16; 1999 AS WORLD POPULATION AWARENESS WEEK AND URGE ALL CITIZENS THEREOF TO PARTICIPATE APPROPRIATELY IN ITS OBSERVANCE AND TO REFLECT UPON URBAN POPULATION CHALLENGES. FAX (202) 544-0068 'WORLD POPULATION AWARENESS WEEK October 10 - October 16, 1999 Fax Response Form To: Heather Dahlberg, Population Institute Public Policy Assistant From: (name of organization - please print) Please indicate the appropriate box or boxes. Please list me as a member of the U.S. Committee on Resource Conservation and Population Please count on me to proclaim World Population Awareness Week 1999 Please contact my staff to arrange a;ceremony with the Population Institute representatives. (The Institute would be pleased to arrange such a ceremony mi appreciation of your support.) We are compiling an official list of 1999 Mayors who are participating in the event. Please sign below if you agree with above checked information. Signature Print Name Title Date Please Visit the Population Institute on the World Wide Web (http://www.populationinstitate.org.) T � I Y5 City of Diamond Bar i 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 j99g Internet: http://www.ci.diamond-bar.ca.us - City Online (BBS): (909) 860-5463 August 11, 1999 Dr. Patricia Rasmussen e � Mt. San Antonio College 11 00 North Grand, Avenue Walnut, CA 91789-1399 Dear Dr. Rasmussen: Thank you for the opportunity to increase communication between the Diamond Bar community and Mt. San Antonio College (Mt. SAC). It is very important to keep our community current of the activities and programs offered by our educational institutions. To that end, we are pleased to have Mt. SAC representatives present an update on the College's activities at its meeting on Tuesday, October 5. The Wen Chang meeting is held at 6:30p at the Air Quality Management District auditorium, Mayor 21865 E. Copley Drive, Diamond Bar. As the time draws near, please contact Deborah H. O Con my secretary, Nancy Whitehouse, 909/396-5666, to finalize arrangements. nor Mayor Pro Tem We appreciate the long-time friendly working relationshipwith Mt. SAC and Eileen R. Ansari look forward to hearing of the upcoming opportunities. Council Member Sincerely, Carol Herrera Council Member //�/A,, S C:., Robert S. Huff Council Member Wen Chang Mayor r WC:nw c: City Council City Manager City Clerk Recycled paper - 2. 3. Q MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 21 1999 CLOSED SESSION: None CALL TO ORDER: Mayor Chang called the meeting to order at 6:41 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor ProTem O'Connor and Mayor Chang. Also present were; Terrence L. Belanger, City Manager; Mika Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Pacific Crest Drum and Bugle Corps under the direction of Stuart Pompei. INVOCATION: The Invocation was given by Lorin Neeley, Member of the Church of Jesus Christ of Latter Day Saints, Diamond Bar. APPROVAL OF AGENDA: CM/Belanger requested that Agenda Items 8.7b and R6.1 be continued to October 5, 1999 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Pacific Crest Drum and Bugle Corps. PUBLIC COMMENTS: Dr. Lawrence Rhodes reiterated his complaint about door hangers. He wants the City to take action to stop this type of d rt.. a ve �smg. Clyde Hennessee regarding Item 6.5, expressed concern about the grant money going someplace else and that residents will still be charged for bulky item or hazardous waste pickups. He asked why each member of the City Council belongs to the Chamber of Commerce. Jeff Koontz, Executive Director, D.B. Chamber of Commerce, announced that ,a Candidate's forum will be held on October 18 at 7:00 p.m: at the SCAQMD. Three of the four candidates have agreed to participate. The Chamber's Business Expo and Job Fair will be held on actober 23 at which time Allstate Insurance will be recruiting for new employees for the new call center in D.B. Sue Sisk thanked Council and community members for their support in the effort to stop the Lanterman Expansion Project. SEPTEMBER 21, 1999 PAGE 2 CITY COUNCIL 5. 6. Kathy Penn cited several occasionsin which, in her opinion, members of the City Council acted in a manner which was not helpful to the community regarding the Lanterman Expansion Project, SCHEDULE OF FUTURE EVENTS: 5.1 D.B. DAY AT THE LOS ANGELES COUNTY FAIR - September 22, 1999 - Pomona Falrplex. 5.2 PARKS & RECREATION COMMISSION - September -23, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - September 28, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr, 5.4 SMALL BUSINESS SEMINAR - Taxing Issues with the IRS, September 28 1999 7:00 p.m., SCAQMD Room CC -6, 21865 E. Copley Dr. 5.5 TOWN HALL MEETING - Four Corners Regional Transportation Study - October 5, 1999 - 4:00 p.m. to 6:00 p.m., 'SCAQMD Auditorium, 21865 E. Copley Drive. 5.6 CITY COUNCIL. MEETING - October 5, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Drive: CONSENT CALENDAR C/Ansari moved, C/Herrera seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll vote: AYES COUNCIL MEMBERS'- Ansari, Herrera., Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCILMEMBERS - None 6.1 APPROVED MINUTES - Regular Meeting of September 7, 1999 - As submitted: 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES Regular Meeting of August 10, 1999. 6.3 APPROVED VOUCHER REGISTER - dated September 21, 1999 in the amount of $712,263.97. MPT/O'Connor recused herself from approving P.O. 9005 - $240.00 and two items on the Wells Faro Bank Credit Card $56.49 relating to the Lanterman Forensic Expansion Project. 6.4 ADOPTED. RESOLUTION NO. 99-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY"' OF DIAMOND .BAR APPROVING THE SEPTEMBER 21, 1999 PAGE 3 CITY COUNCIL EXCHANGE OF PROPOSITION A FUNDS WITH THE CITY OF SANTA CLARITA, FOR $3702000 - authorizing and approving: exchange of Proposition A Funds (Local Return Transit Funds) to the City of Santa Clarita, California, for General Funds in the amount of $.71 on the dollar, for a total of $262,700. 6.5 ADOPTED RESOLUTION NO. 99-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING SUBMITTALS OF A FIFTH CYCLE LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT AND AN EIGHTH CYCLE HOUSEHOLD HAZARDOUS WASTE GRANT. 6.6 ADOPTED RESOLUTION NO. 99-72 E: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS temporarily prescribing a method of drawing warrants and checks upon City funds and stipulating an expiration date for Resolution No. 91-72 E as November 30, 1999, also adding the Mayor Pro Tem; 6.7 APPROVED SECOND READING .OF ORDINANCE NO. 11(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING DIAMOND BAR PREFERENTIAL PARKING DISTRICT NUMBER ONE TO INCLUDE LOS CERR,OS DRIVE IN SAID DISTRICT AND AMENDING THE DIAMOND BAR MUNICIPAL CODE ACCORDINGLY - waived full readirig acid adapted Ordinance No.. 11 (1999) amending the D.B. Preferential Parking District No. 1 to include Los Cerros Drive. 6.8 AWARDED CONTRACT FOR MINUTE SECRETARIAL SERVICES to Carol A. Dennis for Minute Secretary services for City Council, Planning, Parks & Recreation and Traffic ,:& Transportation Commissions, Lanterman Forensic Expansion Committee, Tres Hermanos Conservation Authority and Wildlife Corridor Conservation Authority meetings in the amount of $16,000 for ther period October 1, 1999 through June 30, 2000 with a one-year renewal option for the. City. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS. 8.1 RESOLUTION NO. 99-76: A RESOLUTION OF THE CITE( COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND CONSENTING TO THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE BY CENTURY COMMUNICATIONS CORPORATION` TO ADELPHIA COMMUNICATIONS CORPORATION On March 5, 1999,- Century Communications Corp.. entered into a merger agreement with Adelphia Communications Corp. As a result of several cable acquisitions, Adelphia SEPTEMBER 21, 1999 PAGE 4. CITY COUNCIL is now the fifth largest cable company. The acquisition of Century " Communications will be Adelphia's first business venture in Californiaand will be the largest single provider of cable television in the L.A. area with 1.2 million customers. Their business operations include cable television; competitive local exchange telephone services;, high speed Internet access; long distance telephone service; paging and security. On April 2b, 1999, the City received FCC Form Assignment or Transfer of Control of Cable Television Franchise." A cable transfer request must be acted upon, either approved or denied by the Franchise Authority (City) within 120 days of receipt of the Application (August 23, 1999). Within the timeframe; the City reviewed the financial, legal and technical qualifications of the new controlling entity. Adelphia and Century agreed to an additional two-week period for the City's review (September 22). The Council Cable Sub - Committee has met twice with Adelphia/Century staff to discuss the transfer. Adelphia has provideda letter of corporate intent to acceleration of the cable upgrade by two years and create a' California call center within one year. Pennie Contos, Regional Manager, Adelphia, assured the Council that the relocation of one or more call centers to Southern California will be one of her primary tasks. There is currently no plan underway to eliminate or replace current employees: At the request of M/Chang, Captain Richard Martinez spoke of the wounding of Deputy John Burton, Walnut Sheriff.Deputy, in Rowland Heights this past weekend. He stated that the Deputy is recovering very well. Clyde Hennessee complained that Century 'Communications has not responded to customers as rapidly as did Jones Intercable. He asked if rates will again be raised. C/Ansari stated that she met with the President of Adelphia some time ago and that she was assured that the customer service quality would increase with the transfer from Century to Adelphia: In response to MPTIO'Connor, CM/Belanger pointed out that the City does not have authority over cable television rates under federal law. Ms. Contos stated that the transfer will have no impact on the rates. M/Chang moved, C/Ansari seconded, to adopt Resolution No. 99 -XX "Authorizing and Consenting to the Transfer of Control of a Cable Television Franchise by Century Communications Corp. to Adelphia Communications Corp." and authorized the Mayor to sign all necessary documents:' Motion carried by following Roll Call vote: SEPTEMBER 21, 1999 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS Ansari, Herrera, Huff, MPT1O'Connor, M/Chane NOES: COUNCIL' MEMBERS - None ABSENT: COUNCIL MEMBERS'- None 8.2 FIRST READINGOF ORDINANCE NO. 12(1999): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS - The proposed ordinance will affect waste hauler permitting and waste prevention and recycling programming in the City. Several provisions are proposed addressing yard waste collection, rate restructuring for all residential, and commercial accounts, refuse containers :and an automated collection ' system, public education, and recycling services provisions for all generating sectors. The proposed provisions have been modified based on public input received on September 7, 1999 at the regular meeting of the Council. The proposed ordinance addresses the principal; concerns of the City with regard to maintaining the competitive nature of the existing waste management system while creating significant incentives and requirements designed to allow the City to meet the AB 939 diversion mandate of '50% by year 2080. The ordinance changes are necessary because there` is less than one year left to demonstrate compliance with that mandate. Based on recent unofficial data, the City needs at least 9% diversion to reach 50%, and if the City were not to comply with the: mandate, there is the risk of fine in the amount Of $101000 per day. Continued from September 7, 1999. Tim Dillon, Associate of J. Michael Huls, presented the report. Clyde Hennessee commented on various aspects of the proposed Ordinance: Dave Reynolds said that if the current system is maintained, costs will increase and in addition, it is likely that the City will be fined up to $10,000 per day for non-compliance. The overwhelming consensus of the Solid Waste Task Force members was to implement a 3 -barrel' system which creates the incentive to recycle is ideal for the single family residences. The design for a multi -residential system will be dependent upon the logistics in the sector. 'He explained how multiple haulers would increase the cost. He urged the Council to move forward. Dr. Lawrence Rhodes said that plastic shopping bags are not recyclable. He still does not know where to place his trash barrel for pickup. Don Gravdahl asked the following questions regarding the proposed Ordinance: Page 1, Item C. - what is an oversized limb? Page 1, Item E. SEPTEMBER 21, 1999 PAGE 6 CITY COUNCIL what are the costs of the containers? Page 2, Hazardous Waste - provisions for disposal should be included in the Ordinance. Section 5, Item (a) Collection charge. If a person does not pay his trash bill, does it become a lien against the property? Page 3 Incentive as you throw does not make sense to him. In conclusion, he said he wants to pay as little as possible for trash pickup. Dean Ruffrdge, Waste Management, said that his firm is ready to provide service to D.B. in accordance with the revised Ordinance. He believes the Ordinance should contain a limit on discounts. Although he was told that the limit is 25%, he did not find it, contained within the Ordinance. It is appropriate to charge a nominal fee for additional containers. His company is excited about proposing an integrated program including residential, commercial, multi -family and industrial. Rates are subject to the type of service and the number of years during which carrier 'costs can be amortized. Waste Management can and will provide used motor oil collection at curbside. Jeff Duhamel, Valley Vista Disposal Services, encouraged the Council to pass the Ordinance, prepare for the r year 2000 and go out to bid. He indicated to MPT/O'Connor that a 15 to 30% range of discounts is fairly typical within the industry. In response to MPT/O'Connor; Paul Pistono, Athens Services, indicated that he has witnessed discounts ranging from 15 to 30%. Following comments, questions and discussion by Council, M/Chang moved to re -introduce for first reading by title only and waive full reading ,of Ordinance No. 12 (1999) amending' Chapter 8.16 of Title 8 of the D. B. City Code adopting Requirements and Standards Relating to the Collection, Recycling, Transportation and Disposal of Solid Waste, Recyclable, and Compostable Materials and to invite all major haulers to provide proposals along with company history, financial strength, and statement as to their ability to provide the required service. Motion died for lack of a second'. MPT/O'Connor moved, C/Ansari seconded to re -introduce for first reading by title only and waive full reading of Ordinance No. 12 (1999) amending Chapter 8.16 of Title 8 of the D.B. City Code adapting Requirements and Standards Relating tolhe Collection, Recycling, Transportation and Disposal of Solid Waste, Recyclable, and Compostable Materials to include the following amendments: Add a 30 percent cap on discounts; change "the to a permittee,and strike Used Motor Oil Section 4.816.130. Motion carried by the following Roll Call vote: SEPTEMBER 21,1999 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS Ansari, Herrera, Huff, MPTIO'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Ansari stated that on Thursday, September 23, at 11:00 a.m., Mr. Eaton, Chairman of the California Integrated Waste Board and Yvonne Hunter from the League of California Cities will be at the Southern California Association of Governments headquarters on 7th Street in Los Angeles -to discuss AB 939 and related issues. She encouraged interested persons to attend. 8.3 (a) CONSIDERATION OF BUDGET FOR IN-HOUSE RECREATION PROGRAM - Council approved bringing recreation services in-house at their August 17, .1999 meeting. Staff has developed a budget with expenditures expected at $641,337, revenues at $508;220 and a projected net costof $133,117. As a comparison, these costs are $46,500 less than the contract proposed by the City of Brea. Brea proposed expenditures of $672,846, revenues of $493,230 and a net cost of $179,616. Staffing levels for both the in-house budget and the Brea proposal are comparable. D.B. is able to offer the program in-house for less money because Brea adds' a 22% overhead charge to their costs: MPTIO'Connor moved, C/Ansari seconded; to approve $641,337 in annual costs for the in-house recreation program with expected revenues of $508,220, for a projected net cost of $133,117. Motion carried by the following Roll Call vote: AYES: - COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS,- None (b) CONSIDERATION OF FINAL RECREATION SERVICES PROPOSAL FROM THE CITY OF BREA - Council terminated the Recreation Services contract with the City of Brea at their August 17, 1999 meeting. Per the terms of the contract, Brea will continue to provide services in D.B. during:a' transition period of 90 days. Brea proposes to provide services until December 23, 19997with expenditures of $175,744 and revenues of $144,216. C/Ansari moved, C/Herrera seconded, to approve contract ' terms with the City of Brea to provide recreation services to the D.B. community for the period. September' 1, 1999 through December 23, 1999, with expenditures of $175,644 and revenues of $'144,216. Motion carried by the following Roll Call vote SEPTEMBER 21, 1999 PAGES CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.4 DISCUSSION OF STATUS OF LANTERMAN DEVELOPMENT CENTER'S PROPOSED FORENSIC CONFINEMENTCOMPOUND PROJECT. MPT/O'Connor recused herself from discussion of this matter and left the dais. CM/Belanger announced that a Letter of Recision dated September 17, 1999 was faxed from the Attorney General's office to the City of D.B. The State indicated, however, that they intend to continue to move patients other than forensics to Lanterman: Many questions remain to be answered as to the State's intent. The City intends to continue with the litigation as filed until clear and concise decisions are received.from the State. A preliminary injunction is to be heard' on October, 19, 1999. C/Huff recommended that Council add an amount of money to its annual budget for "Lanterman Oversight" matters in the future. C/Herrera and C/Huff reported on last nights Advisory Committee meeting. The Advisory Committee will continue to exist as a monitoring body. C/Ansari recommended that a Lanterman employee serve on. the Advisory Committee: Joseph Farrell thanked Council for their support in this matter. He commented on statements made by Kathy Penn. ` He expressed opposition to inviting Lanterman employees to join the D.B. Advisory Committee. Darla Farrell did not believe that there was any justification to the verbal attack on C/Huff by public speaker Kathy Penn. Dr. Lawrence Rhodes supported continuing the City's lawsuit. Sue Sisk believed the community has a right to know what Lanterman intends for its local facility. She welcomed working with any member of the State or Lanterman Developmental Center on this issue if they were forthcoming with the facts. She thanked staff for their efforts in thismatter. Clyde Hennesseebelieved D.B. will need to remain vigilant about Lanterman and its intentions. He thanked the community members who participated in opposing the expansion` project. SEPTEMBER 21, 1999 PAGE 9 CITY COUNCIL Jennifer Hoey encouraged community members to remain vigilant and not to get complacent about Lanterman. :Don Gravdahl disagreed with G/Ansari's recommendation of having a Lanterman employee on the Advisory Board, Kathy Penn said she attended last night's Advisory Committee meeting and was appalled by C/Herrera's behavior. Lies attributed to Lanterman come from C/Herrera's mouth and not from Mr. Huff. Jeff Koontz, speaking as a resident of D.B., expressed concern about personal attacks. He believes that poor judgements were made all-around. He believed that the community should look toward solutions for the future.' He asked for a report on all three pending lawsuits and wanted to know if the City might be able to annex the Lanterman property into D.B. MPTIO'Gonnor returned to the dais. 8.5 PROPOSED FORMATION OF WATER POLICY SUB -COMMITTEE - C/Ansari proposed the formation of a Water Policy Subcommittee and volunteered for membership. C/Herrera moved, M/Chang seconded, to establish a Water Policy Subcommittee and appoint C/Ansari to serve as a representative. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, MPTIO'Connor, M/Chang NOES: COUNCIL MEMBERS; Huff ABSENT` COUNCIL MEMBERS - None 8,6 APPOINTMENT OF COUNCIL REPRESENTATIVES TO DIAMOND BAR COMMUNITY FOUNDATION The Articles of Incorporation require that "The original directors; shall be designated by the Incorporator(s). Thereafter, Directors shall be appointed or elected in accordance with the following procedure: "(i) One (1) member of the Board of Directors shall also: be a member of the `City Council appointed by the mayor; "(ii) One (1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar (Annette Finnerty appointed) appointed by the Commission annually; ."(iii) Five (5) members of the Board of Directors shall be residents of the City of Diamond Bar appointed by the City Council; and ; SEPTEMBER 21, 1999 PAGE 10 CITY COUNCIL '(iv)' The remaining four (4) members of; the Board of Directors shall be residents of the City, of Diamond Bar who represent local Community organizations; including one member representing the Chamber of Commerce,I one member representingsenior groups, one member representing youth organizations. These members of the Board of Directors shall be referred to as 'members -at -large' and shall be appointed by the Board of Directors on a rotating basis from within each of the four groups. These 'members-at4arge' shall be selected by majority vote of the Board of Directors at any annual regular or special meeting duly called and noticed for this purpose." Jeff Koontz said he would prefer that the Chamber of Commerce propose' a member for ratification by the Board of Directors rather than a selection by the Board. Clyde Hennessee asked for an explanation of "local community organizations."' - M/Chang appointed MPT/O`Connor as the Council's representative. The appointment expires December, 1999. CM/Belanger stated that tate City would intensify' its public information and public solicitation campaign to encourage public member applications. $.7 CONSIDERATION OF'STREET TREE PROGRAM. . a) Median Tree Planting - To plant 543 trees on landscaped medians on Diamond Bar Boulevard and Grand Avenue at a cost of $95,025. Funds are available in L.L.M.C. #38. Dr. Rhodes pointed out that Rancho Santa Ana, located behind the Claremont College School of Theology is a free entrance 40 acres of all of the plants that grow naturally in California. He recommended that the Council choose trees that have tap roots rather than spider roots. Clyde Hennessee asked the Council to consider alternatives to trees. C/Huff moved, C/Ansari seconded, to approve planting 543 trees on the 'landscaped medians per the tree planting plan dated February 24, 1999. It is further recommended that the City Council authorize, expenditure of up to $95,025 ($17$ per tree), funding with Lighting and Landscape Maintenance District #38 funds, to plant the trees. `Finally, it is recommended that the City Council authorize.the City Manager to execute the purchase order required to add this work to West Coast Arborists' on-call tree planting contract, in an additional amount of $95,025. Motion carried by the following' Roll Call vote; SEPTEMBER 21, 1999 PAGE 11 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS:. None RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 11:04 p -m: RECONVENE CITY COUNCIL MEETING. M/Chang reconvened the City Council meeting at 11:07 pm. 10. COUNCIL MEMBER COMMENTS: C/Huff requested that staff prepare a status update of the Council's goals and objectives. During last week's COG meeting, which he and C/Herrera attended, there was a discussion regarding mental health and how the matter is being considered at a local level. He attended the skate park meeting and enjoyed seeing a wide representation of the City's youth. He addressed comments made by a Lanterman employee this everting and thanked the members of the audience who spoke on his behalf. C/Ansari spoke about attending many meetings regarding water issues. Last week she attended the Chamber mixer at the Best Western D.B.. She met one of the owners of the Platinum {formerly known as the Mirage) next door to the hotel. Platinum opened this past weekend and will serve upscale food. Continental Burger has moved across the street to the pizza parlor, location. She attended a water meeting this morning concerning the CalFed 'process and CalTrans. CalTrans has decided to join SCAG because they have Clean Water Act requirements with which they must ;comply. She and C/Herrera attended the Contract Cities meeting last week. Friends of the library will dedicate their website on Saturday at 11:00 a.m. Tomorrow at 11:00 a Freedom Park will be dedicated at Lanterman Hospital, C/Herrera said that disparaging remarks made this evening by an employee of Lanterman are unfortunate. The issue of Lanterman has resulted in the deterioration of much of the goodwill and respect the community has enjoyed with Lanterman for 75 years. Much of the conversation at last nights Advisory Board meeting was about a lack of trust. There were no individuals being made fun of. The Council Member from Walnut spoke about a lack of trust and not being able to believe what was said. As the community has discovered through this long process, many have experienced a lack of trust and the inability to believe what was originally expressed. She thanked community individuals who have participated in signing letters addressed to Ralphs Market. One hundred letters were sent on behalf of the D. B. seniors and about half of the 110 letters she distributed have been signed and will be forwarded tor the President of Ralphs. The letters are requesting tate company to allow another grocery store to locate in their empty SEPTEMBER 21, 1999 PAGE 12 CITY COUNCIL building in the Country Hills Towne Center. CM/Belanger stated he received a telephone call from the Director of Real Estate .for Ralphs who informed the City that they have retained the services of a Senior Vice President from Lee Associates who has a long and successful relationship with Raiphs in locating markets in former Ralphs sites, Ralphs has - retained Vilma Chow from Lee Associates to find an operator -for that particular store. He e believed that a proposal for a grocer to locate at that site is forthcoming. MPTIO'Connor stated the City will hold a Millennium party on December 31 from 8:00 P.M, to 1:00a.m. on January 1. The event will be held in the intersectionof D.B. Blvd. and Grand Ave. The, intersection will be closed for the celebration;' Signs will provide advance notice of the closure. The event will include carnival rides, fireworks, ' orks, bands, food, etc. The committee is workingto: reduce the cost of the event. The Code Enforcement Subcommittee (MPT/O'Connor and M/Chang) met twice during the past week to discuss a citation, procedure authority. The document is being reviewed by the City Attorney and will likely be discussed by the Council on October 5. She,commented on theexcellent turnout for the skate park meeting, The young people determined two potential sites - Peterson Park and Pantera Park. There will be a meeting for the residents adjacent to Peterson Park on Wednesday, September 29 at 6:00 p.m. at SCAQMD. The next meeting will be a design meeting. She attended the Chambers Board of Directors meeting this morning. She asked the City Attorney to comment on the possible conflict, of interest with respect to the Minnequa Landslide. CA/Jenkins stated that MPT/O'Connor owns a home within 150 feet of the Minnequa Landslide, which necessitated an analysis of whether or not the slope failure affectihg five properties has any effect on the value of MPT/O'Connoes home. If it hadan effect of more than $10,000 one way or the other then, it would create a conflict of interest which would prohibit her from participating in any decisions involving the, city initiated remedy of the slope failure. Upon consideration of the matter and, based on the review of that slope failure by the city's engineering consultants, it was concluded that it does not have any physical effect or financial impact on MPT/O'Connor. M/Chang asked that staff contact CalTrans regarding additional soundwalls along the 57 fwy. He congratulated LA Fitness on their expansion and Grand Opening. He spoke with Sheriff Lee Baca regarding citationauthority for Community Volunteers and his comments will be forthcoming in the near future. He encouraged business owners and residents who want to start a business to attend the Charriber's Small Business Seminar. He stated that even though he has run a business for 15 years, he benefited from attending one of the seminars. He asked that community members maintain a respectful attitude regarding the Lanterman situation. He spoke about the devastating earthquake in Taiwan and conveyed his deepest sympathies to the victims and their families. He thanked President Clinton and the federal government for, aiding the victims_ 40*, MINUTES OF THE CITY COUNCIL 44P REGULAR MEETING OF THE CITY OF DIAMOND BAR 4?v* SEPTEMBER 21, 1999 1 CLOSED SESSION None 2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:41 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor ProTem O'Connor and Mayor Chang. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Linda Magnuson, Finance Director; Mike. Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Pacific Crest Drum and Bugle Corps under the direction of Stuart Pompel. INVOCATION: The Invocation was given by Lorin Neeley, Member of the Church of Jesus Christ of Latter Day Saints, Diamond Bar. APPROVAL OF AGENDA: CM1Belanger requested that Agenda Items 8.7b ;and R6.1 be continued to October 5 1999:, 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Pacific Crest Drum and Bugle Corps. 4. PUBLIC COMMENTS: Dr. Lawrence Rhodes reiterated his complaint about Moor hangers. He wants the City to take action to stop this type of advertising. Clyde Hennessee regarding Item 6.5, expressed concern about the grant money going someplace else and that residents will still be charged for bulky item or hazardous waste pickups." He asked why each member of the City Council belongs to the Chamber of Commerce,, Jeff Koontz, Executive Director, D.B. Chamber of Commerce, announced that a Candidate's forum will be held on October 18 at 7:00 p.m. at the SCAQMD. Three of the four candidates have agreedto participate, The Chamber's Business Expo and Job Fair will be held on October 23 at which time Allstate Insurance will be recruiting for new employees for the new call center in D.B. SEPTEMBER 21, 1999 PAGE 2 CITY COUNCIL Sue Sisk thanked Council and community members for their support in the effort to stop the Lanterman Expansion Project. Kathy Penn cited several occasions in which, in her opinion, members of the City Council acted in a manner which was not helpful to the community regarding the Lanterman Expansion Project. 5. SCHEDULE OF FUTURE EVENTS. 5.1- D.B. DAY AT THE LOS ANGELES COUNTY FAIR - September 22, 1999 Pomona Fairplex. 5.2 PARKS & RECREATION,COMMISSION - September 23, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION September 28, 1999 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 SMALL BUSINESS SEMINAR - Taxing Issues with the IRS, September 28, 1999 - 7:00 pm., SCAQMD' Room CC -6, 21865 E. Copley Dr. 5.5 TOWN HALL MEETING - Four Corners Regional Transportation Study - October 5, 1999 - 4,00 p.m. to 6:00 p.m., SCAOMD Auditorium, 21865 E. Copley Drive; 5.6 CITY COUNCIL MEETING - October 5, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Drive. 6. CONSENT CALENDAR C/Ansari moved, C/Herrera seconded, to approve the Consent Calendar as presented, Motion carried by the following Rall vote; . AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None 6.1 AP'PRO'VED MINUTES - Regular Meeting of September 7, 1999 - As submitted. 6.2 RECEIVED & FILED PLANKING COMMISSION.MINUTES - Regular Meeting of August 10, 1099. 6.3 APPROVED VOUCHER REGISTER - dated September 21, 1999 in the amount of $712,263.97. MPT/O'Connor recused herself from SEPTEMBER 21, 1999 PAGE 3 CITY COUNCIL approving P.O. 9005 $240.00 and two items on the Wells Fargo Bank Credit Card - $56.49 relating to the Lanterman Forensic Expansion <Project 6.4 ADOPTED RESOLUTION NO. 99-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE EXCHANGE OF PROPOSITION A FUNDS WITH" THE CITY OF SANTA CLARITA FOR $370,000 - authorizing and approving exchange of Proposition A Funds (Local Return Transit Funds) to the City of Santa Clarita, California, for General Funds in the amount of $.71 on the dollar, for a total of $262,700, 6.5 ADOPTED RESOLUTION NO. 99-75: A RESOLUTION OF THE CITY COUNCIL; OF THE CITY OF DIAMOND BAR AUTHORIZING SUBMITTALS OF A FIFTH CYCLE"' LOCAL GOVERNMENT USED OIL ` OPPORTUNITY' GRANT AND ` AN EIGHTH CYCLE HOUSEHOLD HAZARDOUS WASTE GRANT, 6.6 ADOPTED RESOLUTION NO. 99-72 E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - temporarily prescribing a method of drawing warrants and checks upon City funds and stipulating an expiration date for Resolution No 91-72 E as November 30, 1999; also adding the Mayor Pro Tem. 6.7 APPROVED SECOND READING OF ORDINANCE NO. 11(1999): AN ORDINANCE OF THE CITY COUNCIL OF THE, CITY OF DIAMOND BAR AMENDING DIAMOND BAR PREFERENTIAL PARKING DISTRICT NUMBER ONE TO INCLUDE LOS CERROS DRIVE IN SAID DISTRICT AND AMENDING THE DIAMOND BAR MUNICIPAL CODE ACCORDINGLY - waived full reading and adopted Ordinance No. 11(1999) amending the D.B. Preferential Parking District No. 1 to include Los Cerros Drive: 6.8 AWARDED CONTRACT FOR MINUTE SECRETARIAL SERVICES - to Carol A. Dennis for Minute Secretary services for City Council, Planning, Parks & Recreation and Traffic & Transportation Commissions, Lanterman Forensic Expansion Committee, Tres Hermanas Conservation Authority and Wildlife Corridor Conservation Authority meetings in the amount of $16,000 for the period October 1, 1999 through June 30, 2000 with a one-year renewal option for the City. SEPTEMBER 21 1999 PAGE 4 CITY COUNCIL 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 RESOLUTION NO. W76: A RESOLUTION OF THE CITY COUNCIL OF ,THE CITY OF DIAMOND BAR AUTHORIZING AND CONSENTING TO THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE BY CENTURY COMMUNICATIONS CORPORATIONTO ADELPHIA COMMUNICATIONS CORPORATION - On March 5, 1999, Century Communications Corp. entered into a merger agreement with Adelphia Communications Corp. As a'result ;of several cable acquisitions, Adelphia is now the fifth largest cable company. The acquisition of Century Communications will be Adelphia's first business venture in California and will be the largest single provider of cable television in the L.A. area with 12 million customers. Their business operations include cable television; competitive local exchange telephone services; high speed Internet access; long distance telephone service; paging and security. On April 26, 1999, the City received FCC Form Assignment or Transfer of Control' of Cable Television Franchise." A cable transfer request must be acted upon, either approved or denied by the Franchise Authority (City) within 120 days of receipt of the Application (August 23, 1999). Within the timeframe, the City reviewed the financial, legal and technical qualifications of the new controlling entity. Adelphia and Century agreed to an additional two- week period for the City's review (September 22). The Council Cable Sub -Committee has met_ twice with Adelphia/Century staff to discuss the transfer. Adelphia has prodded a letter of corporate 'intent to acceleration of the cable upgrade by two years .and create a California call center within one year. Pennie Contos, Regional Manager, Adelphia, assured the Council that the relocation of one or more call centers to Southern California will be one of her primary tasks. There is currently no plan underway to eliminate or replace current employees. At the request of M/Chang, Captain Richard Martinez spoke of the wounding of Deputy John Burton, Walnut Sheriff Deputy, in Rowland Heights this past weekend. He stated that the Deputy' is recovering very wall. Glyde Hennessee complained that Century Communications has not responded to customers as rapidly as did Jones Intercable. He asked if rates will again be raised. C/Ansari stated that she met with the President of Adelphia some time SEPTEMBER 21, 1999 PAGE 5 CITY COUNCIL ago and that she was assured that the customer service quality would increase with the transfer from Century to Adelphia. In response to MPT/O'Connor, CM/Belanger pointed out that the City does not have authority over cable television rates under federal law. Ms.Contos stated that the transfer will have no impact on the rates. M/Chang moved, C/Ansari seconded, to adopt Resolution No. 99 -XX "Authorizing and Consenting; to the Transfer of Control of a Cable Television franchise by Century Communications Corp. to Adelphia Communications Corp." and authorized the Mayor to sign all necessary documents. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT. COUNCIL MEMBERS None U FIRST READING OF ORDINANCE NO. 12(1999): AN ORDINANCE - OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY : CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS - The proposed ordinance will affect waste hauler permitting and waste prevention and recycling programming in the City. Several provisions are proposed addressing yard waste collection, rate restructuring for all residential and commercial accounts, refuse' containers and an automated collection system, public education, and recycling services provisions for all generating sectors. The proposed provisions have been modified based on public input received on September 7, 1999 at the regular meeting of the Council. The proposed ordinance addresses the principal concerns of the City with regard to maintaining the competitive nature of the existing waste management system while creating significant incentives and requirements designed to allow the City to meet the AB 939 diversion mandate of 50% ,by year 2000. The ordinance changes are necessary because there is less than one year left to demonstrate compliance with that mandate. Based on recent unofficial data, the City needs at least 9% diversion to reach 50%0, and if the City were not to comply with the mandate, there is the risk of fine in the amount of $10,000 per day. Continued from September 7, 1999. Tim Dillon, Associate of J. Michael Huls, presented the report. Clyde Hennessee commented on various aspects of the proposed Ordinance. Dave Reynolds said that if the current system is maintained, costs will increase and in addition, it is likely that the City will be fined up to $1010©0 per day for non-compliance. The overwhelming consensus Of the Solid Waste Task Force members was to implement a 3 -barrel system which creates the incentive to recycle is ideal for the single family residences. The design for a multi -residential system will be dependent upon the logistics in the sector. He explained how multiple haulers would increase the cost. He urged the Council to move forward, Dr. Lawrence Rhodes said that plastic shopping bags are not recyclable. He still does not )snow where to place his trash barrel for pickup. Don Gravdahl asked the following questions regarding the proposed Ordinance: Page 1, Item C. - what is an oversized limb? Page 1, Item E. what are the costs of the containers? Page 2, Hazardous Waste - provisions for disposal should be included in the Ordinance. Section 5, Item (a) - Collection charge. If a person does not pay his trash bill, does it become a lien against the property? Page 3, Incentive as you throw does not make sense to him. In conclusion, he said he wants to pay as little as possible for trash pickup. Dean Ruffridge, Waste Management, said that his firm is ready to provide service to D.B. in accordance with the revised Ordinance. He believes the Ordinance should contain a limit on discounts. Although he was told that the limit is 25%, he did not find it contained within the Ordinance. It is appropriate to charge a nominal fee, for additional containers. His company is excited about proposing an integrated program including; residential, commercial, multi -family and industrial. Ratesare subject to the type of service and the number of years during which carrier costs can be amortized. Waste Management can and will provide used motor oil`collection at curbside: Jeff Duhamel, Valley Vista Disposal Services, encouraged the Council to pass the Ordinance, prepare for the year 20030 and go out to bid. He indicated to MPT/O'Connor that a 15 to 30% range of discounts is fairly typical within the industry. In response to MPT/O'Connor, Paul Pistono, Athens Services, indicated that he has witnessed discounts ranging from 15 to 30%. With regard to Dr. Rhodes' comment about placement of the SEPTEMBER 21, 1999 PAGE'7 CITY COUNCIL_ containers for pickup. MPT/O'Connor stated that the Ordinance is not clear whether the container should be placed on the sidewalk. The Ordinance merely states that the container(s) cannot block any pedestrian way. Would the locationn be si2ectfied as part of a haulers permit? CM/Belanger stated that, under an open system the hauleds) know Which is the most efficient way for their automated systems to efficiently pickup the cans and dispose of the waste It can be added to the Ordinance, but the language should be flexible so as to accommodates the hauler. With a closed or franchise system Council would decide where the cans should bo placed MPT/O'Connor stated that regarding the question as to what is considered Lan oversized limb she felt that the information would be disseminated to the public at the time actual disclosures are made CMISeianger stated that the limitations described in the Ordinance will be provided to cu§Lpmers so that when they see "oversized branclf, there: is a definition to guide them so that they know when they are exceeding the collection limit. - It is not in the ordinance because it is an operational issue between the City and i the hauler. MPT/O'Connor pointed out that in the definitions of Yard Waste it " states "branches and bundles exceeding 16' in diameter or 4' in lenoth." What about persons not paying their trash bill—does a lien pet olaced against the-roPerty CM/Belanger stated that the Municipal Code states that the relationship between the fee and the service is to8 een the hauler and the customer and collection is uo to the hauler. ` However, the araQiml ordinance states "Collection Charge= A charge for the collection of refuse shalt be imposed on the owner or occupant of each residential or commercial unit to which refuse recyclable and compostabler collection services made the charge so fixedshall be a civil debt due and owing to the City or permittee from the Iwner or occupant of the residential or commercial unit to which the collection is made available.,' CA/Jenkins stated that a provision also exists in the Ordinance whereby .the City may elect to bill rather than the permittee The ordinance provides for the lien option only if the City is involved in the billing. The permittee is limited to Small Claims or other court alternative depending on the size of the amount the property owner is to default. SEPTEMBER 21, 1999 PAGE 8 CITY COUNCIL Following discussion, M/Chang moved to re -introduce for first reading by title only and waive full reading of Ordinance No. 12 (1999) amending Chapter 8.16 of Title 8 of the D.B. City Code adopting Requirements and Standards Relating to the Collection, Recycling, Transportation and Disposal of Solid Waste, Recyclable, and Compostable Materials and to invite all major haulers to provide proposals along with company history, financial strength, and statement as to their ability to provide the required service. Motion died for lack of a second. MPT/O'Connor moved; C/Ansari seconded to re -introduce for first reading by title only and waive full reading of Ordinance No 12 {1999) amendingChapter 8.16 of Title 8 of the D.B. City Code adopting Requirements and Standards Relating to the Collection, Recycling, Transportation and Disposal of Solid Waste, Recyclable, and Compostable Materials to include the following amendments: Add a 30 percent cap on discounts; change "the" to ua" permittee, and strike Used Motor Oil Section 4.816.130. Motion carried' by the 'following Roll Call vote: AYES: COUNCIL MEMBERS- Ansari, Herrera, Huff, MPT/ O'Connor, NI/Chang NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS - None C/Ansari stated that on Thursday, September 23, at 111:00 a.m., Mr. Eaton, Chairman of the California Integrated Waste Board and Yvonne Hunter from the League of California Cities will be at the Southern California Association of Governments headquarters on 7th Street in Los Angeles to discuss AS, 939 and related 'issues. She encouraged interested persons to attend. 8.3 (a) CONSIDERATION OF BUDGET FOR IN-HOUSE RECREATION PROGRAM - Council approved bringing recreation services in -Douse at their August 17, 1999 meeting. Staff has developed a budget with expenditures expected ;at $641,337, revenues at $508,220 and a projected net cost of $133,117. As a comparison, these costs are $46,600 less than the contract proposed by the City of Brea. Brea proposed expenditures of $672,846, revenues of $493,230 and a net cost of $179,616. Staffing levels for both the in-house budget and the Brea proposal are comparable. D. B. is able to offer the program in-house for less money because Brea adds a 22% overhead charge to their costs. MPT/O'Connor moved, C/Ansari seconded, to approve $641;337 in annual costs for the inhouse recreation, program with expected SEPTEMBER 21 1999PAGE 9 CITY COUNCIL revenues of $508,220, ,for a projected net cost of $133,117. Motion carried by the following Roll Call vote, AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chane NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None (b) CONSIDERATION OF FINAL RECREATION SERVICES PROPOSAL FROM THE CITY OF BREA - Council terminated the Recreation Services contract with the City of Brea at their August 17; 1999 meeting. Per the terms of the contract, Brea will continue to provide services in D.B. during a transition period of 90 days. Brea proposes to provide services until December -23, 1999, with expenditures of $175,744 and revenues of $144,216. C/Ansari moved, C/Herrera seconded, to approve contract terms with the City of Brea to provide recreation services to the D.B. community for the period September 1, 1999 through December 23, 1999, with expenditures of $175,644 and revenues of $144,216. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS- None 8.4 DISCUSSION OF STATUS OF LANTERMAN DEVELOPMENT CENTER'S PROPOSED FORENSIC CONFINEMENT COMPOUND PROJECT; MPT/O'Connor recused herself from discussion of this matter and left the dais. CM/Belanger announced that a Letter of Recision dated September 17, 1999 was faxed from the Attorney General's' office to the City of D.B. The State indicated, however, that they intend to continue to move patients other than forensics to Lanterman. Many questions remain to be answered as to the State's intent. The City intends to continue with the litigation as filed until clear and concise decisions are received from the State. A preliminary injunction is to be heard - on October 19, 1999. ClHuff recommended that Council add an amount of money to its annual budget for "Lanterman Oversight matters in the future, SEPTEMBER 21, 1999 PAGE 10 CITY COUNCIL CJHerrera and C/Huff reported on ,last nights Advisory Committee meeting. The Advisory Committee will continue to ' exist as a monitoring body. C/Ansari recommended that a Lanterman employee serve on the Advisory Committee, Joseph Farrell thanked Council for their support in this matter. He commented on statements made by Kathy Penn. He expressed opposition to inviting Lanterman employees to join the D.B. Advisory Committee. Darla Farrell did not believe that there was any justification to the verbal attack on C]Huff by public speaker Kathy Penn. Dr. Lawrence Rhodes supported continuing the City's lawsuit. Siwe Sisk believed the community has a right: to know what Lanterman intends for its local facility. She:welcomed working with any member of the State or Lanterman Developmental Center on this issue if they were forthcoming with the facts. She thanked staff for their efforts in this matter.` Clyde Hennessee believed D:B. will need to remain vigilant about Lanterman and its intentions. He thanked the community members who participated in opposing the expansion project. Jennifer Hoey encouraged community members to remain vigilant and not to get complacent about Lanterman. Don Gravdahl disagreed with C/Ansari's recommendation of having a Lanterman employee on the Advisory Board. Kathy Penn said she attended last night's Advisory Committee meeting and was appalled by C/Herrera's behavior. Lies attributed to Lanterman come from CfHerrera's mouth and not from Mr. Huff. Jeff Koontz, spearing as a resident of D. B., expressed concern about personal attacks. He believed that poor judgements were made all around and, that the community should look toward solutions for the future. He asked for a reporton all three pending lawsuits and wanted to know if the City might be able to annex the Lanterman property into D. B. MPT/O'Connor returned to the dais. SEPTEMBER 21 1999 PAGE I 1 CITY COUNCIL 8.5 PROPOSED FORMATION OF WATER POLICY SUB -COMMITTEE C/Ansari proposed the formation of a Water Policy Subcommittee and volunteered for membership. C/Herrera moved, M/Chang seconded, to establish a Water Policy Subcommittee and appoint C/Ansari to serve as a representative. Motion carried by the following Roil Call vote: AYES: COUNCIL MEMBERS -Ansari, Herrera, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - Huff ABSENT: " COUNCIL MEMBERS - None 8.6 APPOINTMENT OF COUNCIL REPRESENTATIVES TO DIAMOND BAR COMMUNITY FOUNDATION - The Articles of Incorporation require that "The original directors shall be designated by the Incorporator(s). Thereafter, Directors shall be appointed or elected in accordance with the following procedure: "(i) One (1) member of the Board of Directors shall also be a member of the City Council appointed ;by the mayor; "(ii) One ,(1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar (Annette Finnerty) appointed ;by the Commission annually; "(iii) Five (5) members of the Boardof Directors shall be residents of the City of Diamond Bar appointed by the City Council; and "(iv) The remaining four (4) members of the Board of Directors shall be residents of the City of Diamond Bar who represent local Community organizations; including one member representing the Chamber of Commerce, one member representing senior groups, one member representing youth organizations. These members of the Board of Directors shall be referred to as'members-at-large' and shall be appointed by the Board of Directors on a rotating basis from within each of the four groups. These `members -at -large shall be selected by majority vote of the Board of Directors' at any annual regular or special meeting duly called and noticed,for this purpose." Jeff Koontz said he would prefer that the Chamber of Commerce propose a member for 'ratification by the Board of Directors rather than a selection by the Board. SEPTEMBER 21, 1999 PAGE 12 CITY COUNCIL Clyde Hennessee asked for an explanation of "local community organizations." M/Chang appointed MPT/O'Connor as the Council's representative. The appointment expires December, 1999. CM/Belanger stated that the City would intensify its public information and public solicitation campaign to encourage public member applications. 8.7 CONSIDERATION OF STREET TREE PROGRAM. a) Median Tree Planting - To plant 548 trees on landscaped medians on Diamond Bar Boulevardand Grand Avenue at a cost of $9.5,025. Funds are available in L.L.M.C. ##38. Dr. Rhodes pointed out that Rancho Santa Ana, located behind the Claremont College School of Theology is a free entrance 40 acres of all of the plants that grow naturally in California. He recommended that the Council choose trees that have tap roots rather than spider roots. Clyde Hennessee asked the Council to consider alternatives to trees. C/Huff moved, C/Ansar i seconded,Ao approve planting 543 trees on the landscaped medians per the tree planting plan dated February 24, 1999. It is further recommended that the City Council authorize expenditure of up to $95,025 ($175 per tree), funding with Lighting and Landscape Maintenance District #38 funds, to plant the trees. Finally, it is recommended that the City Council authorize the City Manager to execute the purchase order required to add this work to West Coast Arborists' on-call tree planting contract, in an additional amount of $95,025. Motion carried by the following Roll Call vote: SEPTEMBER 21, 1999 PAGE 13 CITY COUNCIL AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/ O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS:None RECESS TO REDEVELOPMENT AGENCY MEETING: IWChang recessed the City Council Meeting to the Redevelopment Agency at 11:04 p.m. RECONVENE CITY COUNCIL MEETING M/Chang reconvened the City Council meeting at 11:07 p.m. 10. COUNCIL MEMBER COMMENTS: C/Huff requested that staff prepare a status update of the Council's goals and objectives. During last, week's COG meeting, which he and C/Herrera attended, there was a discussion regarding mental health and how the matter is being considered at a local levet. He attended the skate park meeting and enjoyed seeing a wide representation of the City's youth.` He addressed comments made by a Lanterman employee this evening and thanked the members of the audience who spoke on his behalf. C/Ansari spoke about attending many meetings regarding water issues. Last week she attended the Chamber mixer at the Best Western D.B.. She mat one of the owners of the Platinum (formerly known as the Mirage) next door to the hotel.' Platinum opened this past weekend and will serve upscale food. Continental' Burger has moved across the street to the pizza parlor location. She attended a water meeting this morning concerning the CalFed process and CalTrans_ CalTrans has decided to join SCAG because they have Clean Vater Act requirements with which they must comply. She and C/Herrera attended the Contract Cities meeting ;last week. Friends of the Library will dedicate their website on. Saturday at 11:00 a, m. Tomorrow at 11:00 a Freedom Park will be dedicated at Lanterman Hospital. C/Herrera said that disparaging remarks made this evening by an employee of Lanterman are unfortunate. The issue of Lanterman has resulted in the deterioration of much of the goodwill and respect the community has enjoyed with Lanterman for 75 years. Much of the conversation at last night's Advisory Board meeting was about a lack of trust. There' were no individuals being -made 'fun of. The Council Member frQrn Walnut spoke about a lack of trust and not being able to believe what was said. As the community has discovered through this long process, many have experienced a lack of trust and the inability to believe what was originally expressed. She thanked community individuals who have participated in signing letters addressed to Ralphs Market. One hundred letters were sent on behalf of the D.B. seniors and about half of the 110 letters she distributed have been signed and will SEPTEMBER 21, -1990 PAGE 14 CITY COUNCIL be forwarded to the President of Ralphs. The letters are requesting the company to allow another grocery store to locate in their empty building in the Country Hills Towne Center. CM/Belanger stated he received a telephone call from the Director of Reap Estate for RpIphs who informed the City that they have retained the services of a Senior Vice President from Lee Associates who has a long and successful relationship with Relphs in locating markets in former Ralphs sites. Ralphs has retained Vilma Chow from Lee Associates to find an operator for that particular store. He believed that a proposal for a grocer to locate at that site is forthcoming. MPT/O'Connor stated the City will hold a Millennium party on December 31 from 8:00 p.m. to 1:00 a.m. on January 1 The event will be held in the intersection of D.B. Blvd. and Grand Ave. The intersection will be closed for the celebration. Signs will provide advance notice of the closure. The event will include carnival rides, fireworks, bands, food, etc. The committee is working to reduce the cost of the event. The Code Enforcement Subcommittee (MPT/O'Connor and M/Chang) met twice during the past geek to discuss a citation procedure authority. The document is being reviewed by the City Attorney and will likely be discussed by the Council on October 5. She commented on the excellent turnout for the skate park meeting. The young people determined two potential sites - Peterson Park and Pantera Park. There will be a meeting for the residents adjacent to Peterson Perk on Wednesday, September 29 at 6:00 p.m. at the SCAQMD. The next meeting will be a design meeting. She attended the Chambers Board of Directors meeting this morning. She asked the City Attorney to comment on the possible conflict of interest with respect to the Minnequa Landslide: CA/Jenkins-stated that MPT/O'Connor ownsa' home within 150 feet ofthe Minnequa Landslide, which necessitated an analysis of whether or not the slope failure affecting five properties has any effect on the value of MPT/O'Connors home. If it had an effect of more than $10,000 one way or the other then, it would create a conflict of interest which would prohibit her from participating in any decisions involving the City initiated remedy of the slope failure. Upon consideration of the matter and based on the review of that slope failure by the city's engineering consultants, it was concluded that it does not have any physical effect or financial impact on MPT/O'Connor. M/Chang asked that staff contact CalTrans regarding additional soundwalls along the 57 fwy. He congratulated LA Fitness can their expansion and Grand Opening. He spoke with Sheriff Lee Baca regarding citation authority for Community Volunteers and his comments will be forthcoming in the near future. He encouraged business owners and residents who want to start a business to attend the Chamber's Small BusinessSeminar. He stated that SEPTEMBER 21 1999 PAGE 15 CITY COUNCIL even though he has run,a business for, 15 years, ;he benefited from attending one of the seminars. He asked that community members maintain a respectful attitude regarding the Lanterman situation. He spoke about the devastating earthquake in Taiwan and conveyed his deepest sympathies to the victims and their families.He thanked President Clinton and the federal government for aiding the victims. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 11:35 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF SC.A.Q.MD. 21865 Copley Drive AUGUST 26, 1999 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:10 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Finnerty. ROLL CALL: Present: Chairman Dan Nolan and Commissioners Patty Anis, Annette Finnerty and Karen Holder, Vice Chairman Pruitt arrived ,at 7:16 p.m. Staff: Gary Olivas, Community Services Coordinator; Wendy Bowman, Recreation Supervisor and Marsha Roa, Community Services Assistant. MATTERS FROM THE AUDIENCE: None 1. CONSENT CALENDAR: 1.1 Approval of Minutes of July 22, 1999 Regular Meeting. C/Holder moved, C/Anis seconded, to approve the minutes of July 22, 1999 as presented. Motion carried 3-0-1 with C/Finnerty abstaining. 2, INFORMATIONAL ITEMS: 2.1Recreation Update: AUGUST 26, 1999 PAGE 2 PARKS & RECREATION COMMISSION RS/Bowman presented the recreation update for a. Athletics b. Tiny Tots C. Youth Excursions d.. Day Camp e. Contract Classes_ f. Marketing 2.2 Senior Program Report CSGOlivas presented staff's report. CSC/Olivas responded to C/Finnerty that the program is financially self-sustaining.' C/Holder asked if there is a conflict with the Halloween events at Heritage Park. CSC/Olivas responded that the Senior's event will be held during the day on October 29. The Haunted House event will take place late afternoon, early evening. 2.3 Millennium Eve Celebration Update. CSC/Olivas presented staff's report'. The next committee meeting is scheduled for 9:00 a.m. on September 8. VC/Pruitt and C/Finnerty serve on the Millennium Subcommittee, VC/Pruitt asked who was present at the August 10 meeting. RS/Bowman indicated that Council Member Ansari, Mayor Pro Tem O'Connor, Allison from the YMCA and Deputy Perkins attended the meeting. 2.4 Skateboard Park Status Update. CSCIOlivas reported on the August 10 meeting to which the public was invited. Approximately' 40 people attended, 30 of whom were skateboarders. Steve Rose, Landscape Architect with Purkiss-Rose gave 'the orientation and purpose of the meeting. The next meeting is scheduled for 7:00 p.m. on Wednesday, September 15 at the SCAQMD. The event will be well publicized. In addition, all of those individuals who were present at the August 10 meeting will 'receive personal AUGUST 26,.1999 PAGE 3 PARKS & RECREATION COMMISSION invitations. C/Anis reported that Steve Rose gave a very good presentation of an overall view of what needs to be considered and showed videos of existing facilities. Frank Garcia, a professional skateboarder attended the meeting. About 40 people were present including pre -teens and parents. The group discussed possible sites and staff responded to parents' concerns regarding safety.. The owner of Trinity Board Shop attended the meeting and was accompanied by about 10 - 15 youth.. Chair/Nolan suggested that staff post notice of the September 15 meeting at the schools. CSC/Olivas stated that Steve Rose has experience in building skateboard parks and he is very familiar with the concept with respect to involving the young people who will utilize the facility. VC/Pruitt asked if a potential site is under consideration. CSC/Olivasresponded that a map of the City's existing park locations will be sent out to the participants. In addition, skateboarders submitted private locations that they thought should be considered as possibilities. C/Finnerty asked if the group indicated a preference for the type of location they would like _ CSC/Olivas indicated that one skateboarder emphasized the importance of locating a skateboard facility near fastfood establishments. Once two or three possible locations are under consideration there will be public meetings for residents of that area in order to hear their concerns. C/Anis stated that the possibility of one large and two smaller skateboard facilities was discussed during the meeting. She said she is concerned that if the facility is called a skateboard park that roller bladers and others might feel left out. She would prefer to call it a skate park and include in-line skaters in the discussions. 2.5 Haunted House Update. C/Holder stated that the committee has twice met with students The Haunted House will encompass the entire Heritage; Park facility. The biggest concern is determining what materials can be used safely in order to mitigate fire hazard AUGUST 26, 1999 PAGE 4 PARKS & RECREATION COMMISSION concerns. It is likely that flame-retardant materials will be used and CSC/Olivas is researching outlets for this type of product. The next concern is to determine how much material will be required to divide the rooms. She is having a large map of the facility made in order to determine where items and rooms will be placed. She is working on the children's section which will be an outside Autumn Festival in the maple trees with orange lights, games and a craft area. In lieu of a contest, she recommended a`fashion show whichwill be called A Costume Show and Creature Feature. She suggested that parents work in the children's festival and that teenagers and adults work in the Haunted House. She asked if recreation personnel could help with the fashion show and invite Century Communications to record the event so that the participants can later view the event on television. The charge for each of the two events will be $3.00 with $1.00 off coupons available to Diamond Bar residents. CSC/Olivas stated that flyers, containing the coupons will be circulated throughout the City and school districts. C/Holder responded to Chair/Nolan that hours of operation under consideration are 3:00 p.m. or 3:30 p.m. for the fashion show, and 4:30 p.m. to 8:30 p.m. for the Autumn Festival and 6:00 p.m. or 7:00 p.m. to 10:00 p.m, for the Haunted House. C/Holder said she knows a person who belongs to a hearst racing club and might be availableto station his vehicle outside the Haunted House. She has a source that will provide props and she asked that if anyone knows a source for fog machines and black lights she would appreciate their participation. VC/Pruitt asked C/Holder to call her at home. She has a number for a woman called Nana who lives close to QuailSummitElementary School. Each year she provides a Haunted House for the school children. She has a lot of supplies and ideas and may have the necessary contacts: 2.6 Concerts In The Park Oral Report by CSC/Olivas. C/Holder said she heard many comments who thought the video showing of Toy Story was wonderful for the children and they would like to have more movies for the children. A couple of people left early because it was getting cold. It reminded the parents of the drive-in movies they used to attend. VC/Pruitt said she attended all but the last two Concerts 1n The Park. The series was very well attended. The variety of music was good and the series just keeps AUGUST 26 1999 getting better. 3. OLD BUSINESS - None 4. NEW BUSINESS PAGE 5 PARKS & RECREATION COMMISSION 4.1 Status of Recreation Contract with the City of Brea - On August .17, the City Council reviewed the City of Brea's proposal to provide recreation services for the period of September 1, 1999 through August 31, 2000. The City Council also reviewed a competing in-house proposal from Diamond Bar's staff. The City Council voted 5-0 to direct staff to forward a letter to the City of Brea to terminate the recreation services contract, effective midnight on December 31, 1999. 1t was further approved to conceptually approve the proposed in-house program and to have staff formalize the in-house recreation program budget and present it at a future City Council meeting for approval. CSC/Olivas presented staff's report: C/H'older said she expected that the City Council would vote to bring the program .in-house.' She said she hopes the City will retain a lot of the staff that is already in place and continue with the momentum that is in place. C/Anis concurred with C/Holder. The City of Brea has put on a wonderful program these last few years and the City has done well under their guidance. She hopes that RS/Bowman can remain in °Diamond Bar. She thanked RS/Bowman and her staff for all of their hardwork.' C/Finnerty said that this possibility has been in the works for a long time. She thinks a lot of residents want an in-house program. Brea has done us a large favor. Without Brea the City would not have RS/Bowman. She is excited about the City having its own program. She doesn't know how the City could be more responsive to the community than RS/Bowman has been. She hopes that the City will hold the same standards that RS/Bowman has set. VC/Pruitt echoed C/Finnerty's' comments with added impact. Diamond Bar's program would not have progressed to the point that it has without the leadership of RS/Bowman and the handpicking of the people to run the programs in which the youth participate as well as, guiding the Parks and Recreation Commissioners during meetings as to what the needs might be for the kids and the programs, etc. She believes the consensus in the field is that she (RS/Bowman) should step up to AUGUST 26, 1999 PAGE 6, PARKS & RECREATION COMMISSION the plate and come in-house which would only make the program better than it is Chair/Nolan said that the only way the City can progress and move forward is by bring the program in-house. When he first became a member of the Commission someone he knows who is in the recreation field said that the way cities progress and move forward is to get the program in-house and get your arms around it. In a statement directed to RS/Bowman he said: "You are truly a friend of the City of Diamond Bar. This really speaks to what you have been able to put together, just tremendousprograms. I'm blown away every time the newsletter is published that shows what the Recreation staff do and howyou have really ingrained yourselves in this community, knowing what people want, trying new things - if they succeed, great, if the don't having the courage to do it again and moving forward with something else. You are an extremely classy person and you were extremely eloquent the evening of the Council meeting, I really appreciated your comments and the way you handled it. I know it is a tough thing professionally as well as, personally, and I hope that a year from now we're high fiving each other and seeing you around the City of Diamond Bar. I truly hope that and I know that's a personal consideration. I would like to speak for the Commission in saying we all consider you a friend. You've been tremendous for:us". 42 Selection of Commission Representative for the Diamond Bar Community Foundation - At its meeting on August 3, 1999, the City Council approved' the revised Articles of Incorporation and By -Paws for the Diamond Bar Community Foundation. The City Council also announced the availability of openings on the foundation Board of Directors. One of the seats on the Board is reserved for a Parks and Recreation Commission representative. The Parks and Recreation Commission now has the opportunity to determine which Commissioner` will serve on the Foundation Board. The date of the first meeting of the Board' has not yet been determined. However, Foundation Board meetings will be held at 7:00 p.m. on the third Thursday of each month. Staff recommends that the Parks and Recreation Commission utilize a nomination and majority vote process to select the Parks and Recreation Commission representative for Diamond Bar Community Foundation Board of Directors. VC/Pruitt nominated C/Finnerty to serve as the Parks and Recreation Commission member on the Foundation Board. C/Anis seconded the nomination. There were no other nominations. C/Finnerty was unanimously elected to serve as the Foundation Board member AUGUST 26 1999 PAGE 7 PARKS & RECREATION COMMISSION representing the Parks and Recreation Commission. C/Finnerty recommended that each Commissioner search their file of contacts in this community who are not necessarily governmentally or organizationally involved that may have contacts in the business community who could help the foundation. Once you have determined that these people are willing to serve on a non-profit foundation, please give their names to a Council Representatives. ANNOUNCEMENTS: C/Holder said she is consumed with preparing for her new job and the Haunted House. C/Anis is looking forward to the next skate park meeting. She really enjoyed the Concerts In The park series. She met a lot of new people and got a lot of good feedback. She went on the City excursion to last night's Quake game and met people who spoke favorably about the Concerts and other City events. She again signed up for the tennis classes. Although she has taken other tennis classes, she has learned a great deal more through the Tennis Anyone classes. She commended the instructor and his organization. RS/Bowman said she would pass C/Anis' comments along to Tennis Anyone. They are a very professional organization and have responded favorably to all of the City's requests for services and time and location changes. It is evident by the numbers participating in the classes and the revenue generated by his organization that the classes are popular. C/Finnerty asked CSC/Olivas for an update of the Civic Center project response cards that were placed in the Windmill. CSC/Oivas responded that the cards were forwarded to the consultant for compilation. AS/Roa said she believes about 700 responses have been received C/Finnerty pointed out that of the four water vales at Pantera Park, the uppermost valve going down toward the county drain is leaking. She pointed this out to staff more than a month ago and the problem has not been cured. VC/Pruitt said she has also noticed the leak at Pantera Park and pointed it out to staff. Some of the grass is brown. Regarding the flyers for the Haunted House, she suggested that they also be distributed to youth organizations. It is nice' to see the City parks being used for soccer and football. Sheds overwhelmed with football and preparing for the school session. She is anxious to work on pursuing the schools for joint use programs. The Lorbeer Middle School lighting is AUGUST 26,'1999 PAGE 8 PARKS & RECREATION COMMISSION under construction. Pop Warner's Kick. -Off Bowl will take place on Labor, Day Weekend. Chair/Nolan stated that he and VC/Pruitt worked on the subcommittee for the Facility User Group with CSC/Olivas and updated a document that had not been reviewed since 1994. The document will be presented to the Commission for review and comments at its September 23meeting. He reminded the Commission that park visits have been completed and that the next round of park visits will be scheduled during the September meeting. ADJOURNMENT: C/Finnerty moved,'C/Holder seconded, to adjourn the meeting. There being no other business to come before the Commission, Chairman Nolan adjourned the meeting at 8:15 p.m. Respectfully Submitted, /s/Bob Rose Secretary Attest: /s/ Dan Nolan Chairman . t 0 CITYOF DIAMOND BAR VOUCHER R sly The attached listing of vouchers dated October 05, 1: have been reviewed, approved, and P't`st='f.33F3mt?ilded for payment. Payrruent_. are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREPA I D VOUCHERS TOTAL 001 GENERAL FUND 851,082.43 4 {3 4 1 1 =, n F 2 56, i'=+. a 05 11S AIR QLTY IMPR FD (AB2766) 23,115.00 1 04-3. 751 24,158.79 L2_.s s;fi11 'DEV BLK _J1•.Al.ii h--I.Jfi.D 0:0 65„71 65„71 12L. CITIZENS OPT-.PUBLIC SF •f „tai_, 634.0,, 634.06 138 LLAID '11-38 FUND .00 3,803.S7 3,803.S7 139 LL_AD #39 FUND- .00 41315.33 41315 .33 141 LLAD #41 FUND CIO 27182.510 27162.50 50 CAPITAL I!"P OV!PR J FUND 169,062.S4 169,062.S4 REPORT'- FOR ALL FUNDS 112,197.43 713,465.61 825766304 APPROVED BYi p G. 4VIL Finance Director Mayor Pro icer; r t s em. e3TFcF. I_: B_.I•=tiCaro 1_ Herrera s Manager _:.. .3{=il+ra:C]e!"' CITY OF DIAMOND BAR. RUIN DATE. 09/30,11999 16.57'30 VOUCHER REGISTER PAGE: DUE TMJ: 10,105/1999 P KEPA I L Pr, # it VOICE AMOUNT DATE CHECK, AL -r RATE LANDSCAPE 0015318-42210-- 10 0`2 2 BRICK DUST-PANNITERIA PARK. 210. (10 00 9,A)9139 MINTHLY Wil NIT -SUMIMT RMI SEP 2, 0501. 52' 0015316 1-45300-- 99091W WTHL 111 A I E HL SEP Y VAINT lip, 708. 110 0015218-45300-- 99091_-K: MiT H, L v, MAINIT-PANTERA SEP 2_5L".�1 MINTHI�y 9909139 MAINT-SYC CYN11 SEP '1106.10 0015S-225-453300--IT-C 9909139 KIN I PIL Y MAIN STARSHN SEP 3' 54. 1 q 00153153-45,34'3i- 9900 29 MNTHLY MAINT-HERITAGE SEP 60i.lact 9911,191,29 MIT HL Y MAIN -F REAGAN SEP 1,02 .58 c•=•,_ =.._,3-- 9909139 MITHLi MAIffl-DIST 36 SEP405. 3 1, i2c,55339-45500-- T 99019, 1:39 MKTHLY IMAINT-DIST .39 SEP 3,997.50 9%91301 MMTKY MAI W! -PETERSON SEP .7n 1-3il-45300-- Q90ill-R9 Mh MAINTI-P GRANI SEPT .2 1415541-455..,10-- 9909139 Mirl HLY MAINIT-DIST 41 67LP 2,050.00 19022 BRITI CK DUST -PET SON PARK' 21L....00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 20,398.17 TOTADUVEIMR x'0,15 . 17 FIRS SERVT ADOBE CUSTOM R - t7 MES, 00,14091-42315-- 87944 Ra-4EWL eFEEMEMEMP DUES 399.00 TOTAL PREPAIDS 00 TOTAL VOUCHEFro 3909.00 T TI klg D,. 1:OA 91.00 MiLDRBI A EPNIR 500777 REFUM WRT'llf DEP-PANTERA 200M TOTAL PREPAID .00 QICH TOTIAIL V I ME or" TC T AL DUE VENMEOR AjAX' C�M f7 CV) 14 059 Cu - 4 1 22"Ll 0 - - 92728 2944' EMPLY NMEPLTS/WALL FRAIME 24.: , 0140i;,0 4 10-- 2K5 NAMEPLATE REPLCMT 12.79 TOTAL PREPAIDS TOTAL "IMICHERS 57.7 4 TOTAL DUE VENDO! 37.74 T M;E RI CAN MINI ST10 RAGE 001 A 0 - A 2, 140-- 92L3L-UN' 2951 il' FCLTY Rk4Ti. I 1 2 5. 7, 27 24, 563. W TIF -1 P9 1011A, EPAID-q .00 IAL VOUCHERS To, 22 5 0 TOTAL DUE VEN'DGR A AMERICAN' PLANNING ASSOCIATION 114721 rEMBRSHP DUES- DE5TEFAN-3 242 TOTAL PREPAIDS .00 TOTN VUX EM L 232.00 T10-11TAL DUE VENDIOR 00 A Tf' MER -2-140 IMAGIMP, SYSTEnl 0014005-Q205-- -2 .-,1 18, COMP EQUIP-CAVIRDE TOTAL FR EPA 1 El 9 00 TOTAL %JGXPER'3 T 0 T AL ElUE. VE"JOR 121.19 CT TY E* L"I€MUNID BAS RUN DRTE • 039130/1999 16_! f3rt VOUCHER REGISTER PAL;E, DUE`THPU10.105/1999 PREPAY -;S _Ai 7R: l-nArr FSfilit QCT F CT 'R x� € n�:T !t r ii3tiui!, LrEs h �Tttt'a is P T ; t�l'i1��: rFATE r E }. KEITH ARMLL 001-23002— 50019 P;FU LI SuFT-f DEF -F' REACH 4 0.011 TOTAL VOUCHIER-M 150. 00 TE{TAL DUE VMMa7F 50.00 �iCPiiV'�� - 'T f I NCTf� !`3�y' 001-2-2-3002—. .r504124!y[',Ef CJI.? .�sn ; .�',T i j#�-�i �Ti�li�i`� REFUND . 510. 010 TOTAL PREPAIDI-S ,00 TOTAL VOUlC`HEF: s01.0 TOTAL ME VENDOR 5.x.00 AT. t Gfi1' fjc z ffryt c-- •--�.: _ ,�,:.:_ LONG DIST CHARGES "73 .it 0014090-42112-5- 01-11-4015-442125— i.-,tNIS DTI uHF�F1:�5 66.84 TLTA1_ PPEPAID6 aft TOTAL ,OUCi,-EE a .7 TSTOTAL - �'E . u ENTIO° 336.76 Dh.DAY r..:^5.tz r1�'lx a..ir� ��•�-it ccs.. �, f= 9 , P4r SVCS c� .� r 1r :I. I:; :,a:�F.34v� r�tt.��{E�:.-T ,a�i`xf= 5. i�{_ >_E.�'a t� TOTAL PREPAY .00 TOTAL VOUCHERS 140 260, 5"" 13- TAL DUE, +�=�?i OR 140,260.50 L_3t e..+_..V YLi_.— JLIi aLa_ CK1111 :_14 h1 r:-- 15471 REPAIR 0�'4'C5 HEFIIA�E ETF' t1.:' TOTAL F$E 1-11S. W lE% 68.63 TETALI JE VENDOR 68.63 FiJjJ: _. `ANS PRESS 25U5 t1_-5fn411-131 8-46411 1 .; ii i FLElS =. SYGE LEEEFgr} [ r' 4 110. 2:1 i TOTAL PREPAI"S ¢C;ei TOTAL1,10MCFEEPS 41C�.Li €L`TAL DUE VENIDOR 410a21 E.FFR . t,y'. � t I�;rr1T .. ASSOCIATES II- f 00lr5;i!"__i!-- ' 4C2fU4 GRPS- y{r_ INSPECTN i8)_1 s; n 80 RO G.. PLAN? CHEM': 15j.'4 r.- t: � 9821691 PKC�F. a�!G tLAr Mtvi. 339.$5 00155711-4522226—P[-7. 01 PROF. SVES-PLA"N CHECK 86„16 TOTAL PREPAiMS. r:JU TOT AL VOUCHERS 1 490. 36 TOTAL DUE VENDER _,490. 6 SHOUSE CIA Y= 91_., 954M.1/13 COMP EBUIP B-ff , 754.0 TOTAL PREPAID'S .00 TOTAL A={L v UCHE 3. 754.81 Tl AL 11L`E VCgl jQF° 754.09 CITY OF DIAMND BA° FUN DATE: 09=30%1999 1E:57, ,0 ;1; 1�E' F,ECI5TEF; Fir€ _ DUE THPU= 10/05/1990 PREPAID FU DISEr. -ACC! rRGJC-: T A.,.,? FO # IN DICE DESCRIPT1ON ;MOUNT DATE CHEC .. CAL POLY POMONA FOUNDATION 0014010-42325-- - FF�,��'tYh� F141DRS F':lb—O�'CONNIi 1(F7,. 4 f �i 5.. 00 10/0571999 ='5 56 TOTALPREPADS 27er. :u..v TOTAL VOUCHER'S 00 a •L LVE i}JtV�l TOTAL 7- Lv01 #CNILLOT E?t s-, :-- RECREATION REFUMM C . ht TOTAL PRE ATN .00 TOT AL V' �t i j�Fi- 00 i 0 TOTAL DUE i.E'nJED 11 `1 1[55 CCIAPA CENTRAL EECTI N ��isiS:tilt 9.i.JilF-_ - ... ,.. CI..AFA COPdF-S �L.-1i FZ�-1°y _- •3-}F•i.�FC„j 1[F j(Fj(19t9.... Mv°i. TOTAL PREF'AHSE. K0.0 -t`= TOTAL VOUCHERS Of I TOTAL DUE dEWOP 330.00 CERTIFIER T;NSPOSTATION'. -i._.'�- -_til•; ?t.-2145 TRA SF if S_vL. A.F. a -5/ 181 xh 2111.05 1t;.0C TOTAL PFEPAIOS .00 TOTAL V FUCFERS _ 2111. (Y. 1 TOTAL DUE VENDOR 211.05 F;-_ 0015310-142 _y:. 0C, ter' 9f 1 iciJ UP.. a PhITL-W!9/13,01/20�Sn: d94 : - . iG A? PPEFAILIS .00 OU VUCHERS 3? 94 • Js TOTAL 111E 'VEt 4100e 323.94 COF[ EEW TH COMPANY -- CXa14)'-. ,21 sJ-- 8875 448,/e 25 WlP COOL€. LEAGSE-JULY/AUG 35.90 0141 0-42325-- 88-16 44673/77925 OFFICE SPPLS-COFFEE 60.00 TOTAL FF; PlAIDS .001 TOTAL VR-jDiFRS 951.90 TOTAL DUE VENIDDR `5.9 CFr, i�Je9IT; IFd_:�J_iRi*S 00115558-455-552"'1 ..:3 3 XI,Aisu :: LITTER AFtli-i-I-LlvLt,=AUG <+9 >:, n TO AL PP}EPAIDISS .06 s �a Vol TTOTALi'O�.lHEF,�' t 672'.. 88 _.. TOTAL DAIE VENDOR t 78 [[:} = .. z�r_=? ".�I;1_C, �, " 901-5Z7, F'P3 ..SVC -S - AUDITING TOTAL PPEPAIDS TOIAL VUUF�EF> TOTAL WE VENT-DOF CONVERSE F!'.SE.fOivv'ATANIIS {rr_S! 25"15510-44411 -12098-46414- A7765 -.:.fit INSPCTN SVC_ -MI EDOWOLN 2,116.50 ICTAL PREFA I DS .00 TOTAL VOUCHERS 2,116.50 TOTAL DUE VENDOR 2,116.50 CITE OF DIAMOID BAF - r k_, c L###h DATE. ,_�, ,1 7. 1,_;5' ;€ f r r VOU'DIE„ REG�STEr� ' PAGE: . DUE THR;;; 1Cif`ti-1119 FR•;EPA11 D #h10;q-ECTAi_ T FR:rj:jECE _rTPO 4 i N,O i CE DESCRIPTION AMOUNT Ell ATE CHECK D& i _lL401tIEERTING f#i3 •i�F 4•s U -- 90:4 ` 9DE-io BLD °; SFT( Jf;.-r `L 9/l7F 0.081.61 TOTAL r TOT AIL VO E E 30.. 001. 64 k rrk EVA 9- AN D r.a s r• -. -250531 ' _i _-�l,8 -4 41C_ fig ?y•'` RLHE„TCE!FRCA,NN316.10K' y 1 .•K`: TOTAL # REEA,c"- .C( TOTAL : S 8 _ #. +S_' All—. DUE ! }�.i�BOR .0 .80 DAV I;COPY D - �4TTE COP Lr_�ii Ls: - •.f 0015M-42110--�iA�i= $ {r++i-ter` �• PER •v�s_�' 1 Jk1Lr:r iii}E--+-! !iEFrr'�ip`_• 1 �{q 3C}ii`F"k tYh.jyk it r�t ?,^`1.:395 COPY Si=gn•} iiBiERAL PLNI =.F_s.ILl A [,r.E—PA1 { 'szkT€fL.!-4iv. k'f �.L�. 3 •lam T{OTAL` 23454 ,.- �VOUCHE.pF,`7S TG#tom D:IE iY L44L'Ci4". - i:3"1s54 - 00 i --Z-3002- '. 50149 REFi7'r' D SCRT i DE-PANTER-A 0.00 TOTALPREPHAIDS tr. TOTAL V 01EHER.STOT AL DUE I I 1:._ FSi T ki i F:ELL 3i nRKE I ? P L; Fult�i�ry} 4ti.,FF-- 90 Z64329400 CORP EQ -POWER SERVER. 7,844.90 '.iOTkALI PREPAIDS , f� ' TOTAL SSS +': CHEF.'.8 f , 844 .9� # OMAL DUE VENDOR 844. 0 CAROL DENNIS t0-44000— 9005 DBCC0907 CC KTG/RDA M17RIM, 260.00 CZ AR r l=L- i 001555. 4478_:-- 9005 T&TS? `OF PRESS .SVCS -T T COMM MTE 61J.00 l'i 14V'"f0 444 00-- 005 MITI SVCS -T ;MVHS9/1 :,TALI l:q1.U8 TOTNL PREPAIDS .00 TOTAL AL .}0#JL' iL.R.PS 590.00 TOTAL DUE VENDOR 590.(A) DEJOiAN LUM.-IN & ASSOCIATES �`v__1LF-4 41#-121 -41� 11 c"5 BB -025-2 PROS .c,*vcs-t1d5FCT /A"MiBS�R:, 3,490...GO TOTAL H EPAIDS ,tx3 TOTAL VOUCHERS- 3,4 0MA TOTAL DUE `�°BIDOR ` 3,496. jf u rr nr Asb�� x T iki�"iheT cryR CHAMFER c33 DGMI"FERCE. -- ( 014a' 1 t 5fa-0- - ?104 tr�C4NSLT.G . SVCS -SEPT 99 ,?7:.v _ 7 !y nJ 'Lfyhti _ 4104.- 1:030 COMMOUTREACH E:..s-`3EFT,7 c;.i . .Eit``tL PREPAIDS .Co TOTALO CS VOUCHERS 1,6755.00 TONAL DUE Va.,'DOR s�-75,tyk r,ITY 01 11 F RUN DATE. 09/30/19'�9 16:57:30 VOUCHER REGISTER PAGGE: 5 DUE THRRU: 10/05/15-99% PREPAID FMlD/SET.T-ACCT-FROjECT-;CCT to # IT!' VOlCE DESCRIPTION A111OLN-1 DATE CHECK DIAKOIND BAR.' iNT_RNATIONALl DELI 0014090-42325-- S 7 542 MTC1 SFTILS-T HERMAtIOS 4/17 47.74 TOTAIL PREPAIDS .00 T TOTAL kIDUCHEPS 4734 TOTAL Diff VD010R. 4W DIAMOR- BAR MOBIL 0015310-423110— AlfG 99 FUEL - COMM SKS 254.87 0014z Al?G 9? FUEL - '6FJl'FV-,.L GOVT 86.75 TOTAL FREPAIDE6 .00 TOTAL VCHLICHER-3 34i.62 TOTAL ELIE VBLUOR 341.62 DIAPMOt BAiF.' PETTY CASH 0014030-42310-- FUEL DST 27JI 0014(ft-41200— Stf"PLIES-G-EN IGOVT 4. 51.1 001--:69.100-- - R E 1 Ml B. - NNIN 0 F OF,' F Wl DRWR. 4.50 1264411-41200— SUPPLS-NATL NIGHT 0110 �4.06 0015"35,01-45305— SUPPLIES-CON, IN! PARK 8.90 0490-325— SSSC'S,01042ENMTi?LIE 514 ls_x TOTAL PREPAIDS .00 TOTALARfTERS 93.4:: TOTAL OLE VENDAR 9143 DIAMOND BAR REIUEVELGPI VIEW1 AGENCY 001-13150-- AWANCE TO RDA - 10,15?rr? 127025.05 10105/1999 RDA- (KII-13150— CORRECTWIN -14,199.6110/051999 RDA 001-13150-- ADVANCETO FDA710/05199 147199.65 10/05/19?93 RDA TOTAL PIREPI AIDS 12,025.05 0iCHERS TOTAL ME VENDOR 121 ll 05 DORIS D!MAL 332111 RECWEATION REFUNID 55 XC TOT4L PREPAIDS .00 TOTAL V011,1CHERS 5100 TUAL ME VENDOR 5510 DIVER.SIFIED PARATRIANS17 ]lt 1125553-45529-- 9077 C/ / 9 9 DIAL A CAB FROi-j-8/15-31 TOTAL REPAIDS .00 TOTAL V 0 1,1 CL, 11 E R SS 13 s3s.a. TOT AL aF- VEWrlm-z QWK DIF3,111MENT IMASINIO SERVICE CURIP, 118Y-098-46235-- 90H Ll�GRAFDE IMAGING SYSTEM 23,115.00 10 0541.99 35553 TUN. PREPNDS 2t U5.00 TIDTAL VOUCHERS f, K) TOTA.. BLIE VENDOF 23,115.00 ERnED COMFAINY INC, 601.55•_ 46110-- 9172 513250-00 EMPLY PAFI(ING PERMIT 201.04 T 1-3-TAL ''REE ;1IG TOTAL Vol ICHER-S 201.04 TOTAL ME- VENDOR, 2101.(A CIT; OF DIAMOND BAR RUN .TATE. 09/3111999 16:57:30 VOUC4ER REGISTER PAGE:.' LIE TFRU: IOF115/199 KFAIL{ FUND/SECT-AC' -TPROjECT-ArCr PL # INVOICE DE,CRlP€ION AlMOUNI DATE CH.M.. FEDE ALESS4 Ek. FLS 771502051 EXPRESS MAL -FPL 99-0-233.71 1 25 9014090-42120-- 77150 2051 EXPRESS .fes _ENE. €-L BDVT - 001-23D!-,'!-- ' :4 a EXPRESSMl 5 001-2310-10— 7.71$ <is :. EXPRESS AIL -FFL _:-i'15. - 7.50 (Y11 '1954 20- 771477,301 EXPRESS .Ml IL-iuEN}ERAL u0'`f'T •..75 - n TOTA .00 TOTAL VOICIRERS FLOWERS APE US 00 4; 9-0, 4.2_:x'-' 9261 3479 FLORAL APRNGMNTS-S TAM YA 8K89 TOTAL PREPA1DS .050 TCTAL VOUCHERS 8309 € O € AL 141E V-9 1OP FOOTHILL TRANSIT ZONE 11. _i••J- iJ J•: 92140 101351 TRANSIT SUBSIDY -SEL{ 99 1,219.30 1125553-455355-- 9240 241017395 1017395 TRANSITSALESLES SEPTI Ju 5464C TOTAL PFEPAIDS iQ TOTAL 'VOUCHERS :z 3o ,OTAL DUE 'sEI,r10R T 6.6S32. ?'.4 SC n.:�'Lii !'h,.-r��.: -. 001-23002-- 5J42 REFUND EF.ND _- RT DEP-- SUN4iTG 50.00 IOTA< PREPAIME, .00 TOTAL VOilCiEFS 50.(€.) TOTAL u IE VENDOR ' 0015316-46410--, ..3e s5 Ulr. r9r 1EE REPLE 7LRNPvr1S lr{1T-Yie{ilIPLE €!L L CJ-i2•�x - TOTAL PRE!T S - - ,otJ TOT. AL MUCHERS 5 Cf 333-8. . 331 TOTAL DUE VENDOR 5.038.33 fit's � �._EDRI H t ASSOCIATE'S INC 5 5 ,{ 46411- 01499-46411 - 2505510-46411-01499-46411 01.6 9?08 "'€ f= iCi_T A 2,128.68 __ ,'c-1. r:41S-7.49-4,_4z1 9162 9901.-01 IPCCGT,MICE-. IGE_RRY SE AL 107026.26 TOTAL PREPAID-. .. - - T0ITAL f `_IUC IEFiS it T 154. 94 TOTAL DUE VENDOR 12,154.94 GRACE _S NiALG 50, 51 REFUND SCR. € DEP'-PANTEP:n MI. 00 TOTAL PREPAIDS .Cllr TOTAL DUE .EMftOF ��rracrn . mm VOMB. 0€.1 3k.410-- REFUND REFUND DUP PIM'T-EP9 -160.7 17..00 rcFL'tdil REFUND 1{ irllP i t ?T -EP. _ 1697 25M REFUND Fr:OvJ,.•- N+3 FEE -PPL 9?_5t: -72.501 TOTAL PREPAIDS .00 TOTAL VOUC.HSP_: 42M. - TOTAL OTAL WE ,VENDOR 122.551 -IT TY OF MAMOND BAF RUN DAM: 09/^rA 1999 VOUCHER REGISTER PAGE: 7 DUE THRU, 10105/1999' PREPAID FUNDISECT-ACC-FROJEC_.T-AECT PG' # INVOICE DESCRIPTIM MOUNT DATE GtsEC?C F. esii4'i3Jv..{3?itil(`. .- 001-23002— 5006b FEF•L{".% SCRTY DEP-HERITAGE .200.100 TOTAL FREFAIIS TOTAL VOUCHERS 20 . GO TFlTt554! FL }I1 '1 7r t C+il RICH MBIL „rE OM409 `2 6166.161-91rIA`N. T- rES '237.33 : u1./L1C%_ .EH MAINT-F_=ITA--` � a- 40_ TOTAL € REFAMS .00 TOTAL VOUCHERS 444.,3 TOTAL B'Ui {, EC: FLf 444.72 GTE ..,f'-'FLIFORNI 00114090-4212,5— - a 1094a'_'ai}: 9C5 Cr.r? S—BLD-2 &..S'FT” 140.21 118V,fQ, °_:1i5-- -PH.SV -CITY ON LIi4L 151,8,4. NX11409 42125-- PH.WCS-GENERAL GOVT a 31.6i W15331-422125— 909%08951 PH aVCS -JNL CYN PAR,,`, 5'i.. F -i - 00115 �1 4,..j20 9tTk' 60194 Pp. S3WS—syc CYNI FAPKI 37.24 113-109' 42L25-- 9093964035 PH,54`US-BBS MODEM W.23 11851098-7M 5-- P .T%lr-CITY ON LINE 160.07 FH,S'1C5-LF?:iFr;AL G3`."[ r, '..10 7X)15;2 :1 4.:1'9-- t;:;n61120 PH,S{iLi-StG G{P4 PARS. 87.97 TOTAL PF`EEPAIDS ,M TOTAL VOU,4ERS *70.75 TOTAL. DUE VENDOR 770,75 GTE LEAS,ldEi CK1I;' rF 4212JO- 804 P1 221'153 R5T; i"lOB'LF-OOT 99 420.11TON AL PREPAIBS .00 TOTAL VOUCHERS 420.11 TOTAL DTE vEP:rl-top 420,11 HALL x FOREMAN 00115510 -45 -- 2797 3314: PROF 5F1'CE-G.Ai-IFr EFSp u X1� .29 )7.:F51' 452=;__ 3?16 _ .. _ 1 0 I"SPC Sits-�HuO{'4 T -r24 LANE 181.23 001555110-45.2-2771 IfiIuFEC SVCS -18F6 DERRE?4Gc 1179. 52 C@ 4 '=16-5 ItSY S'ICS ill' BILV0 25S. 17 001-23011 2 391.- PROF.5k'CSEPx'98-2-20, 3 0 1,620 . .00 ,F ,• i 38861 PFOFMCEE1iE;;n-224 813,75 061,5551-4552-2-3— 9-951 '39166 PROF F -{$f -`t' -R, i F T%.PEC. - 277e. 11 0015510-45,22-2— 8844 39154 PROF.,.VC.I-PLAN CHECTl4271.50)..._ {. ,5yz, 8:. 391E PRO _ {s_ Fxz�t. 10 IrI *PEC 500.40 TOTAL PREPAIiS ,01 TOTAL VOLL`HERS 4,730.36 TOTAL WE E1,MO° 4,734.36 HDL 0014€ 90-44010-- :238 3522 TA AUDIT SVGS -3RD QTR 1,310.51: TOTAL P EPAIBS .tom TOTAL VOUCHERS 1,318.51 TOTAL ? UE VENDOR 2,318.51 CIT`t' OF DIAMOND BAR 1d DATE: 09/30,119917, L=. c -, *fu VOUCHER REGISTER PAGE: c: DUE THR'O. 10/05/199Q PREPAID F'lUND},1SECT A-1LT P,2 -E -C ACUT P}� R I iJ�,ICE" EESC,IPTiCi°. Ar9GCP,T i}ATE'. CHEt_.Fi- HIS HPOINT 0014095-42111-- 992 E6402 B'aTL PREPFESS SAKE v . L^- ii.65� TOTAL PREPAIDS 00 TOT ArL VOUCHERS } O I AL OLE VENDOR i".LANFLI EtAFIRH S, Au_S 112 6.0 —45310— 9192 OE2199 AOL!LT ESC=:S.iTS;=NSPiTN' 451.38 5 1 : _ 45. 1: -- y 'S' �' 1: ter, av AO �.. ? rr ?SSI.. � 1 LILT E: RS 1 AE 4 [INq 80. GO TOT PREPS -IDSL: 00, TOTAL VOUC`,EREB 1,318.38 TOTAL DUE VENDOR ".318.38 t.L AM VALI�Ei yAILy PI I LET IrI I LAM r 0014040-42115-- 0 T c 45504132) N LL V ��i_�SL!�1FFj . _NT _ TOTAL PREPAIMS ,i^,[s TOTAL VOUCHERS i7.u0 TOTAL DUE .}ENDTR 17.00 INLAND '{ALLEY I!LlWNE SOCIETY 0014431-4548-3-- 6767: 425,001090 ANIM9L CCtNTRL SVCgl-OCT 99 5,437.00 TOTAL PP,EPAID'a .00 TOTAL VOUCHERS 5,43-, .0 . TOTAL DUE, VENDOR `, 437.00 NI? 'L INS TIT11TE OF H NI_IFk CLERKS t1 t}�t �� ��.ZiG[; { NL I3EMEi.SK —CITY LLRc:. - '.. i Vel{}: . 1 1F 0014040-42315— ANNL MEMBR5HP-ASST CICLRK 65.00 C AL PREPAID .00 TOTAL ` OUIC14ERS 5.00 T -C'AlL DUE VENDOR. LINA JGIUBRAK 3 11225 RECREATION REFUND 50.00 TOTAL PREPAIDS a0{} TOTAL VOUCHERS 50.03 TOTAL DUE VENDOR 50.00 0015?1_ 44106-- PLPE1! COMM ?TG "'tCt,24 120.00T it C TOTAL PREPAI D� .00 _ OTAL VOU ERE 120.00 TOTAL OBOE VE;-i5R... 12.0. Llyll _LERASUE Orr CA CITIES t ,Jt S .T, 1} 9 V5 '� F �-. t� � s--�aELAt,�_r.: , c- 0 , _..?1ri 9 3' 1 ,.�. , arc, 1t 1�'.�; . �; 555 TOTAL PREPyIDS 20.00 TOTAL 1, . UEHEk''S .00 TOT,iL `L:E VEND i�!5 ii'a til CITY OF DIAMOND BAR RUN DATE: 09. All"-) 1:1 JL*5.713ji ,j VOUCHER REr)TS ER IST PAGE, 9 UE DTHR1,1' PREPAID ic�'r4-D/SECT-ACCT-PROjEri-ACCT P 0, 4 1 W010, ICE 'CSCRIPTION AtAWUNT DATE CRE LEINITOti 6SOCIATES. & A 001-23012— 91117/5/8843 PRn,t_.SVCS-EN 99-247 2 62'. 5 0 0 Il - 21 13 0 L� - - 1; i 1,17 )15/8845 F'RI F. SVCS -'r N, 5'5-2-41 0 f'", 1 - 2110 i 2, - - 91,17,15/884115 PRGF.SVCS-EN 95 1 -22 4 8 15 TOTAL PREPAID555 0 io TOTAL VOUCHERS 820. 75 TOTAL DUE VENUOR x20.75 ;z RICH RD LEONG 4018N REFUNID SCR TY DEP-' S � Le CYN 5C,-.Xf,1 TOTA PREPAIDS TOTAL VOUCHERS 50.v€1. TOTA IC7 C D DUE V BC OR 50.00 LINGG IINF DUS-RIA' ELECTRIC 2505 Q 9 2 -L510-46412-14 -46412 %57 L 26 CT SPPLE-E, Cyrj/S1L.VR' BILLT 4&0.22, 2 SPPLS_6 SPRG! Z39 CIIL pin, � Dp vw 845. 19 251, 3 If,- 4 6 12- 144i°9 - 4.-�4 12 9057, 26W9' C'11 P SPPLS-LEMON/1"y"I'MING 595.48 TOTAL PREP -AIDS .00 TOTAL VOL 1CHERS 1,92'0.89 TOTAL DUE VENDOR 1 '920.89 _H LIVINGSTON & MAT 7 ESTC 0014020-44021-- A8840 22771 SPEL LEGA!" EVES-LANTERMAN 15j?"Q.81 TOTAL PREPAIDS .00 TUTAL VOUCHERS TOTAL DUE VENDOR LOIS 33572 RECREATION R.EF`U0D 32.00 T!JTffL Pfr IDq, TOTAL VOUCHERS 32.00 TOTAL Wit VIEIZOR LOS ANGELES COUNTY MTA 112 5 - 3- 45 5223 - - 2=5 - 4 335 TRANSIT P BSI' 9. 0 .5 DI-52EPT ",9 4-T5.8 0 �.;, 593 4 -- 4.5 5 11')'--5?5 9241 9wmcl: TRANSIT SALES -SEPT 99- 993.21.0 TOTAL PREPAID -S0 ru TOTAL VOUCHERS 1,480.010 TOTAL DUE VENDOR LOS Cri'J"TY FIFE DEPARTMENT 00140110-41 325-- CM BREI/DIR. MT�-j_A�¢r 00 i 911/111� 1 i.,99 35548 yn—if)_423 Q 014 3.25 CCC PRD/ 1R !ATG-HERRERA 7.(A, 10,"05111999 355n4 TOTAL PREPAIDS 14.00 TOTAi -XL IC H ERI SQ TOTAL DUE VENDOR 14.00 LUS ANIGELIESS Co-INTY PUBLIC WORKS 001-21301-2-- MADDIDIOW4 PROF.SV EN 98-244 154. W -1 55 -45507 - - IV- 77 I%,.P'I?Q-7 T SGUNIL 1h0TL-GRhND1'RLL ,_, 4,39.•'3A_ TOTAL PREPAIDS .00 UTAL VOUCHERS 8,59s.36 TOTAL DUE VENDOR 8,593.311 CITY OF DIAMOU14O BAR RLP` LATE. 09"30/1999 16:577M JOLCiEfiRtilinfE.:. _ 3AG _,. 10 ilk TW -1i; 101)05/195ir; PREPAID sltif? ELT-€`tLI FR=ELT-AC}:T PO IitOTCE ±ELPii"tTI,t{ MOUNT irTEiEGi' LEE AMIGELES MINTY' SHERIFF'S DEPT nc.i 01— 241168101 i.Li..lFLl_ a >`te rS Air 320, 600. _ 1 i 45z `nis)014_ r2+0903 CALVARY TI -^> C„RL—.AUnG 4, 866.9 1 _ O..a_ PREPA T S TOTAL 'J.)OUCHERS. 2? TOFF AL DUE VENDORR 32 5,0- 75 MAGNIU¢S INTERNATIONAL - - - - 0014690-42i15— BE7° i?:�4�: PRtdT G F0� CROS-C;i SE 1`.00 10 AL FREPAIOS ¢ ��J TOTAL V0 LICHERS 1_5.00 TOTAL LME VE'Lf 121fs�t 5¢ --,A ,rLL t 0.t5 11 E 0?__ - -..Cjr}1 S -v -'!-Ci }ri n{, DEP-7-Er -.i f50.00 - - TOTAL PREFAII S tip# - TOTAL VOUCHERS 50. ofli T"7AL DUE VENDOR 50. (K) JMt !}kr. WE 0015.210-44100-- FLNN COMM M-1678/10.24 TOTAL ;:— PAILS ¢ TOTS;;_ VMERS 1cif.tvE� - - TOTAL .f..'FiE v}E CD 4. M ET, ROIL "IN. 1125,553 3-45535— >c s'.+F 1111 04 TF:A{a;:T SALE5-SEP1 r',tr-•-` 2-31",2156.40, - - a r,....'_ Vt 'a 10465 TP.ANe. IT SUBSIDY -SEPT Z r3Ili, ,i t. E 7,314.10 TOTAL PREPATLS ¢0 MAL VOUCHERS TOTAL DUE VENDOR 36,570.50 ;_ 1 fL1LE IITI1LA MifMMENT,GRL 0015350-421-40— �s49 140994 FATL OfF FTPL /r1S DGSYC CYN 460.06 - TOTAL PREPAIDS €Jf) TI iT! VOUCHEF_460.06 - TOTAL L!!� 5Et11Lr. 460.06 } Z'E'E k-kf Si. NELSON - i#..._'Z10 4410-0-- cL[ 3hCOMM MTa6/r 0 60.00 TOTAL PREPAIDS .00 TOTL, TAL VOUCHERS 601 O%f TOTAL ! E_r 'tEtd?-1O i 6fl.00 t-ZT; A,1OERS* 0015350 -412`00— REO' SUPPLE-PAS4TPLL NET 40.tY TOTS PREP'AIDS .;y# TOTAL .}OUCNERS _ 40.5' TOTAL DUE VENIfOR 40.53 C }. ETk O n1t tit GN.¢ [ .Y_l4f. i•JLV. i.S3�i+1 INC. , �•.,.,;.} ,•,_.i.a-- 1-j.883445-7 WED Sart RL;KTP+ - 70. 00 101iAL PKEPAIDS 00 TOTAL VOUCHERS 70.00 Q ML :SLE VEh9LOR , o rF �� CITY OF DIAMOND BAR RUN DATE, 091 3 /19994 16: 7:-�' � VOUCHER REGISTER PAGE: I1 DUE THRU• 10/05/1999 PREPAID i UND' ECT -ACCT PRQJlECT-ACCT PD FP14`D10E C`ESCRIPTF3! AT"10 DATE CHEC. NEX TEL - (r•.l1409t;-42126-- UULY/AW.' EP SEPT 3=lCS R DIC; REPEATER 210.47 0014090-4212,26— ,2f_f-- j,LitrrslD,:,EP AUG ,:1C;, FAi1FL1'REPEhiER 218.A: 0014090 -42-126— JULY/AUG/SEP JULY SVCS -RADIO REPEATER 47 TOTAL PI IDS ,00 TOTAL VOUCHERS 655.41 TOTAL DUE VENL!GR 655.41 4,'YROLL f; NSFE GO 102,00— PF=3- PAYROLL i ANSFER-PP19 &c, ,rcjo,(lo io_If15/19 Q PP1':,= TOTAL PRFPAIDS 60,900.00 .0 TOTAL VOURCHERS .0 01 TOTAL DUE VENDOR. PENTAMA T I ON ENTERPRISES I. -WE =ot"1'70 `i 3:I -- tJDsr DATA LINE SHRs;- tU :i 14.83 TOTAL PREPAID . .tit} TOTAL '-1CUCHERv 14,81 TONAL DUE ,PI OR i'.,�t PERS RETIRErCENT FUND 001-2110?— 110?- PP19 RETIRE GOWIRIB-EE 4,11 .69 10/05t19099 K5E11 Utrl- p 1 MILITARY BUY BACK: 51.9.6? 1`?10 11999 '3-K,61 F'E:. PETIRECONTRIB-ER 2 519.77' 100105/11999 5 • - • t - „}11-;�11.•�'-- �- �, w - PIS SURVIVOR BENEFIT :_� 31 62 10105/1999 3555 l4.1-t11t_' PP19 E IV -OF, V -O, BENEFIT 38,69 „c5151 '1 a•_`?t 00 ,1 -- PI8,MILITARY 1 V -. F s BU. BACK: r R i (J •.i 1 509.69 i , � 99 r^ 3 Z5i _-- i_;.-,x.114.: PP -491 RETRO FAY 100.6"1 10 0, 99 355 01 <1109-- PPI`' RETIRE CL!NTRIB-EE ` 79. 3 10 5,1)19.: T.55&1 PPla RETIRE CUNtRIB-EE 4:4Eii.91 10 105 11909 35552C 1409 �c s, 4L f'' 114FAE RS V± L.1,,, ; .FLFN :=3 74.9': TOTAL PREPAID 14,655 .65 TOTAL 4 fUE.-HERS 3,874.92 TOTAL DUE VENDOR; 18,530.57 ROMI%TF .AL'LE? HABITAT FB.. b'.j!MANIT1 MYWS DINNI R/HABI TAT-CHAMIu 60.00 10/05{1999 2355-50 TOTAL 1 REF 1 DS :60 .00 T11TAL VDUCHERS .0 TOTAL DUE VENE+.UR 60.00 4 j%•TMP TED .i r.3t! 4.01 23 t�-- 1.2EXPRESS Mali -FPI. 9-034 0- 2.5j0- S . : ^172:t EXPRESS MAIL—FPL 9{-015 47;4::1? ,3-,., .aGF-� =41106- X1,2_=.=, EXPRESS MATT -FPL 99 ,1-' 47 00 ip j-23'1Sil-- vf. 406 EXEPESS MAIL-FF1< 0 2. �4ti - T"TAL PREPAIL!5 .00 TOTAL VCA UC -HE'D S 141.(#a TOTiE DUE 4'EtGUF 441.+0 I R -36iU !AL' PUBLICATIONS INC 00155510-42320— 9189 HIGM0 CAPACITY MANUAL 127.7`= 10/05/19W. 35559 TOTAL PREPAIDSS 12, ,72: TOTAL VOUCHERS .G'D TOTAL DUE .EkffrtiiF; 121.70 CITY OF DIAMOND BAR. R01.1 DATE: 0/-30111999 16a57i30 ;}OMHER REGISTER, PAGE- 12 VJE TriRU: 101015"IM PREPAID EUND,,'!ltCT-A::L,T I+r+FJJE,T`ACCT PL' # INVOICE DtiSC!iIR E lofd NYZ'LNT DATE T HEC •. RICKRDS WATSON s GERSHON yr, 44.�1-- of68 L14:,! 1 .304LEGASY+CESu�L CABLE _ RNF 1 0ttE} TOFF Al, FRLPAIDS ` .Of Ii- I G TOfi i tL Iiu 140.0A TOTAL DUE VEINDI'UR 140.10 } %ICL.', iRDS, WATSON & BER;SHON 0014020-44020— K) 10 10-=}48. LEGIS.. SVCS-JUL'1 39x55 o0140-2 022-- 103050 SPEC LEIG L SVCS -RT OF WAY �Tx:i 10-3047 5GLLEGAL SkIC_-.AINTERMnN, Ct: 2.973a15 Ctt�1':it j'S i .. I LEGAL Ct! i_ II; Y. �5 S { -. I4r:: {S _ 00140.9-01-440220— .„ - 901f 100,1 51 t�rj.,� Etr_4-J-ms4 c - :., :1E._Z 1 ti.. r. t p 0014020 Y�U'21, , 1109 V' 54 ,35"EC LGL 0014020-44"21— 9 r}•r. 1cf4 Ys4 i! -r LEGALr,{v-G4NERAL st:'zlu+:4 TOTAL PREPAIDS TOTAL VOUCHERS 12,141. L.9` TOTAL DUE VENL-OR .39 DELILAH, KNOX RIDS X01 2:3002-- 40,645 REFUND SCF;T`i DEP-PER TAE 200 .00 TOT€l PRvFAIDS a00 T071ALJ}�1MLiy._ 200.00 TOTAL DJt VENDOil', tr(il .(jo MARSHA ROA 00, ,:56 41200-- REIMBAMAP ENLRG 54.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.13 TOTAL DUE VEN3DOR 54.13 ,UC?=lhdC= W 11HOLIESALE CD INC Ct'1 3IR`4 t1�?-- 71UI REPLCMT TILE, -PETERSON PK 255.21 TOTAL PREPAID .00 TOTAL VatrD[ERS 15.21 TOTAL DUE VENDOR 25.21 LOURDES RUALO 001-347930-- 32640 RECREATION REFUND 10.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10.00 TOTAL DUE 'VENDORS; Vu.DG JOSEPH RUZ CK 00152110-44100— Ptrj{N CL_"1 i MTG-8/10,.F4 110.00 TOTAL PREPAIDS .00 TOTAL MUCHERS 120.0 TOTAL DUE %WENDOR, 120.00 CITY OF DIAMOND BAR RUN ;DATE: , 09/30/1994."..:16:5i 60 - YvtE01ER REjGITIR - FAGE* 1.. - DUE THRU• 10/05- 1.5 PREPAID FUS/SECT-ACCT-PROJECT-ACCT PO # INVOICE DECCE.IFTION AMOUNT DATE CNE -LI:. SAW' GABRIEL VALLEY C d%r,!' , OF GOxTS 01-511A 25-- 0015551-4' -}, VCG P/W05, KTL—r LlU 155.00 101051999 35560TOTAL PFEFAILSe.� 15.00 ,_: TOTAL kL VOUCHERSVOUCHERSRS _ TOTAL DUE VENDOR 15 00 Sl; GAEF.IEL VALLEY TRIBUNE 4-1 S)014040-42115-- 8947 '2013 97 PlJ-dLCTN NOMINEES OFICE 1 73. r: TOTAL PREPAID .00 TOTAL VOUCHERS 173,16 TOTAL DUE VENDOR 0116 SECRETARY OF ,sAIE 015-1lu yLZ:IF00— FILNG DOMIiSTC N/PROFT CORP 10.00 1010511 4 35 TOTAL FREPAIGS 10.00 TOTAL VOUCHERS .+._. TOTAL DUE VENDOR 10. 00 SGV ECONOMIC PPTRSa4~ OF COMM Y CITY 0014,095-42325— EGONOMC CONT-EXHBTP SPG 650.00 10/05/1999 35549 TOTAL P?EPAI S 6,90.00 TOTAL VOUCHERS .00 TOTAL DUE ,100 6500 i Sr- PARDI MULLIN, ?I:CHTER & HAPIPTON 0014020-44021-- 9179. .:21913884 PRO F.SVGS-LANTER AN DEVL? 101974.6? TOTAL PFEPAIDS .00 MTAL V[LCI S - 101974.69 0974rVf - TOTAL rj VENIDOR 10,974.69 SM PT & FINAL 1255215-41200-- ?102 11Z SUPPLIES -5F EXCCRSW 65.71 0015314-41206-- 712_.10 SUPPLlEe-NERITABE PK GL 66 TOTAL PREPAIOS 0 TOTAL VOtICAEItS I5._ .37 TOTAL DUE VENDOR 153.37 CITY OF DIAMOND BAR RUN DPTE• 0913011999 16:57:30 UWCH-t{ REGISTER PAGE; 14 DUE THRU 10/0511999 PREPAID FUT.D;S-CT HST-POOS,ECT-A�`T PO 4 INVOICE DESCRIPTION AMOUNT '' DATE CHECK SOUTHERN CALIFORNIAEDISON 0015322-42126 - ELECT S'!CS-F, REAGA€' k:.73. 47 0015311-42126" ELECT "VCE -PAUL GROW 38. 1 0015-331-42126— ELECT SVCS-SYC CYT. PARK 359.67 0015510-421Z -- ELECT SVCS-TRFFC CONTRL 138.60 1395539-42126-- ELECT SVCS -DIST 39 29-2.5 138 -! aur 42212_,__ ELECT SVCS -LLQ 38 306.11 0015510-42126— ELECT SV'C6-TRAFFC CDNTR- 4.12IS7 0015510-42126— ELECT SVCS-ERRFFC CDNTP.L 132.62 0015313-42116_- ELECT SVCS-HRTGE PRT:. 736.22 0015328 ,42126— ELECT SVCS-SUMMTRDFU 33 1415541-442126-- ELECT SVCS-LLAD 41 15::.5 r� 1 °•-- i J✓>vi• .�_ ...�" - ELECT SVCS-LLAE3.;8 - 1205 - - 0015 ,1& C:1't -- ELECT SVCS -MAPLE HIH 21..152 0019,319-42126-- ;ELECT S'IVES-PETERSON PN.. 849. 35 Cp31531 421L== - ELECT SVCS --HF TG CTR 987.45 0015318-42126-- ELECT SVCS-PKKgff , PK 11908.56 00152 -25-42126— ELECT 'SVCS-STARSHINE 12.E-4 TOTAL PFEPAIES .f) TOTAL VO4i:ICi-EF,E . 117[)19,73 TOTAL DUE VENDOR 11.019.7 SOUTHERN CALIFORNIA GAS COIMPANY 0015314-42i26-- GAS SkJ"2-FP,TG COMM CTP: E 47 J9 TOTAL PREPAID .00 TOTAL VOUCHERS 4L 19 TOTAL DUE VENDOR 47.19 STAPLES 014:?041.:--_ 0014090-41200-- OLJ/F- TSUPPLIES—GENERALGGT 4 ia2? 0015210-41200— >3s70PEN cJRFT S-fLAN NG 197.43 0014G40-41200-- 80 /0FEN SUPPLIES -CITY G1ERK. 46.54 .1' t 35 -c)/OPEN iUPPLItS- " CI t -A 1ER �ry _8. 3 0. 140_ 4.2�-- Gro'7 w07FETSUPPLIES-CITY "A''EF 101.03 TOTAL PREPrAIDS 00 TOTAL VOUCHERS 422.76 TOTAL D E VENDOR 422.7E. 4 0,. ,v; 0 i}'._va:)-- ffQVJ Miii �33•G.-L?iTRM�,r71i5:,4CRNS - 31.:2 TOTAL PRLPAIDS a(tii TOTAL VOUCHERS 3132 TOTAL lUE VEND, FIARIE SWIFT ooi ;4730-- 5002j, REFUND SR EXCRSN-EARONA : 5.00 EDinL fF3=Ptliw faJo TOTAL t AL VOUCHEE" S 5.00 TOTAL 'JUE VLNDCiF:5. (X) .. THE LOCAL GO,_S IE ,,T Cr MMISSI?N 0015210-42-3315— - E397M ASSC MEhESS'3:' DUES -9199-00 50..500 - TOfid..'P EPAIDS .00 TOTAL YODU=HERS 50X TOTAL DUE VENDOR 50XO CITY GE DIAMOND BAR RLN DATE, r:9,30/1999 16:57.30 VOUCHER REGISTER: PAGE: 15 DUE TNF't. ' 10105,1990 PREPAID FUND/SECT-ACE-1 -PROJECT-PECT Pa, 4 «.. I N1010E DESCRIPTION AMO ;.4Tt DATAE CNECt; _ - TEu,� PLANNING, A�ft�It'��: CENTER! i_`_ ��7 '266 6g STFP S T..`VC—'CM.` MP. S y , '(5F TO.TP, L P;,El a,Lu;. ,00 TuTALTu R, 56 TOTrL IIF, FEINDO 5....,05 AD_L a T. TNS trS11�1 0014€ 5 42340-- AMAI SEMI4IAR Alza C�Rt-. I I I. ,,11,10 TOTAL FnEF iDS ,,; 0 TOTAL Vr - i RS 195. 00, - - TOTAL �UE. VENDOR. -:: 195.00- �' iJ i.EVEN TYL 00"521Q-44100-- PLWN COMM M -15-6/N/99 60.00 TOTAL R'REPAIDS (KI TOTAL V 'LCHERS 60.QO TOTAL DUE VEWOR A .if.) LNI E_i STATE', FOS"TAL SERVICE 0014..."190i-42120— REPLEhZ-H PSTAGE MC i ER l . 0001. 00 T=GTAL FREP'AID-S .00 TOTAL VOUCHERS i.000.00 T OT AL DUE VENDOR. : , wo. 0 .Uu C.ti EU - 9Z26: SPPLS-BSKTBLL NET ANTRA. 1:4.09 TOTAL PREPAIILS .rata TOTAL VOUCHERS 124.05? TMAL DUE VEN110 ,' 124.09 OSCAR pl EZ 001-347J RCRtnT'1L!; RERUN't t: siF TOTAL s=REPAHIS 00 TOTAL WUCN.ERS 60.00 tnTAI DUE VENDOR 6v,t31 ..r} Sc' Vii. .re -. �—L� S' RECREATION REFU1-d4 170 170.00 TOTAL TOTAL PREPAIDD tac TOTAL VOUCP, 6 170.00 DOTAL DUE ENTBOR 170.00 WALNUT SAN DI,";ASPEF,--,,q MUSTER R 1'4644111-44000--, 9262 UNIFOFMEQUIP 600.00 TOTAL PREPAIDS .Etta TOTAL :'OUCi RS 600. 00 TOTAL D€4UE V91WR 600.00 tWAL}dL't VALLEY WATER DISTRICT 13955:39-42126-- WTR SVCS-DIST 9 71113-9/ 65.25 0015311-42126-- 14TR SV„ r , - 9 7 2 2.79. 25 0015.11c 4212'6 - WTR SVCS-`M/ALL 71/13-9/7 2.018.50 TCITAL PPEPAI€E .00 TOTAL V� IlCiEPS 4,963, W TOTAL DOE VENDOR 4,-963. tar CITt Or DIAMOND BAR. RUN DATE, 09130/1.0:916:57*30 VOUCHER REGISTER PAGE: 16 DUE THRU • 10/05.11999 PREPAID PUITT.{ SECT-ACC3 PROJECT -ACC? PO # I;T;'0ICE DESCRIPTION AMOUNT DATE CHEi_K WA, RB SIECK.E CSi;f 4361 Tf`SuliL IfSuN-B CYxfS.trBL 134.71 ' 2.5 t - q _ Ih� E, S4_ B./ Y,iGL'.'r8R^, - -c;,VVr6A nr')r.ir� i:F 1-44rd9-4`- "' .,_-3 -�_E_. 4345_ _ .4.:: .c43.. f" r3�_ 1.r-_'Jvi' 'p7L r� s. I ntF .f C�y'�yya r Ts{:^ 4'363 Tii'`NIL LYr.N LEr,0 . LYGhI S{�'� s a?4. 1 .0 + r r „1t}.5l : �a z i c 145 : -4?4i F f _y„_ -a: :r —. - ` . � 3 j 5113 . I'SGN-8 SP/APDV,1.' DR 1.1.4.75 55I0-46412-,1 ? . - L4. - v L4 43 INSPEC 6VC B/ tv+.N /D CREB f615T .0 }c1551C 46411 15ii,'-4641":: °'!64 A'v'- IN SA, BE/CYN /C ''PRIG 2,618.00 25"-_35510-4641%-1439:9-4641' P °� _ 3-� Y = Tl „_ : e i 5 i7€ 4_ Sss L t.f} DEINE f : 4.7- y TOTAL PREPAID. ,60 TOTAL 4 -H�rS z,_rJtr+3 TOTAL DUE LFty ifiR , , 00 SUZANNE WEBSTER 001-34780-- :?33.26 RECREATION' REPUI'Tu 55. 0-0, :..70TAL iy€tPAiDc .00 TOTAL VOUCHERS 55.00 TOTAL DuE VEPTDOY !Z, 00 NEST COAST ARB RISTS INIC 0015558-45509— lt.`*FTREE MAINT S u —s/: 1/�3 2, 495.Cr IOj L PREPAIDS a00 TOTP: VOUCHERS 2,495.0 ,OTAL D��t VENDOR 2,495.00 =ST EPjl LIpTf, FORM -.'OR 0014410 41_ 33)-- R 11 50112 rLPTR PW L UNIrrPP 12t 3 TOTAL PREPAIDS a00 TOTAL 'VOUCHERS 3)^ 733 TOTAL DUE. 'VENDOR XEROX CORI-ORATSIN - A «f i °I I t A— ftt•i4,, O i. t ! r, COPY CHARGES '33 .0 3OTAL PREPAIDS TOTAL VOUCHERS K, .Cal TOTAL DUE VENDOR 337.07 r._ T { r WATERS, vIiSTE WATERS, { LrL y - n: :. 7TH �PARK . a. - 92vtMGa8 TOTAL F'REPAID5 at>t3 OTPL VOUCHERS rf,:.0 TOTAL DUEE VENDOR 92.IYU REPORT TOTAL FRRtEPtA�cI.nS� 112,1W.43 - [r!'niL,T crJ,;r OTA i'CiL�C;lERS 7',-' q 1s;4, .f.1 T RE=`D� , :ICTAL 6.25 -. CITY OF DIAMOND BAR AGENDA REPORT AGENDAVO. . TO: Terrence L. Belanger, City Manager MEETING DATE: October 05, 1999. REPORT DATE: Sep 23,1999' FROM: Linda G. Magnuson Finance Director TITLE: Treasurer's Report August 31;1999' SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of August 1999 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? N/A Yes e No Report discussed with the following affected departments: RE1/l WED BY: DEPARTMENT HEAD: Terrence L. Belanger Linda G. Magna o City Manager Finance Director F, CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 05, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Treasurer's Statement August 31, 1999 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 August 1999, 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 August 1999, 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, PREPARED BY: Linda G. Magnuson GENERAL FUND $12,670,755.06 $2,930,119.25 $2,513,904.17 $13,086,970.14 LIBRARY SERVICES FUND 103,254.59 1,319.42 789.22 103,784.79 COMMUNITY ORG SUPPORT FD _ 5,906.26 1,000.00 4,906.26 GAS TAX FUND 3,729,548.24 146,139.29 331,531.49 3;544,156.04 TRANSIT TX (PROP A) FD 1,974,650.95 166,297.46 377,306.01 1,763,642.40 TRANSIT TX (PROP C) FID 2,349,217.09 27,236.18 331,287.36 2,045,185.91 INTEGRATED WASTE MGT FD 186,147.94 26,880.94 9,054.70 203,974.18 AIR QUALITY IMPRVMNT FD 182,395.10 18,216.53 30,414.05 170,197.58 TRAILS & BIKEWAYS FD (SB 821) 30,444.38 377.85 30,822.23 PARK FEES FUND 177,163.69 2,182.75 7,672.75 171,673.69 S PARKS GRANT (PRP A) FD 1.36 1.36 (0.00) FACILITIES &PARK DEVEL. FID 1,413,469.49 17,542.97 1,431,012.46 COM DEV BLOCK GRANT FD (216.14) 197,715.00 8,717.10 188,781.76 CITIZENS OPT -PUBLIC SAFETY FD 304,686.83 3,734:94. 168,272.89 140,148.88 NARCOTICS ASSET SEIZURE FID 322,213.62 6,181.97 2,182.89 326,212.70 LANDSCAPE DIST #38 FD 574,784.22 9,898.42 21,187.41 563,495.23 LANDSCAPE DIST #39 FD 198,917.92 4;117.26 10,336.22 192,698.96 LANDSCAPE DIST#41 FD 312,373.71 5,227.06 1,266.69 316,334.08 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD (154,048.43) 287,198.65 300,821.89 (167,671.67) SELF INSURANCEFUND 900,214.29 - 12,117.84 912,33213 TOTALS $25,421,010.95 $3,862,503.78 $4,115,74&20 $0:90 $251167,768.53 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($137,753.20) PAYROLL' ACCOUNT 221.06 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($136,782.14) INVESTMENTS: US TREASURY Money Market Acct $807,367.12 LOCAL AGENCY INVESTMENT FID 24,497,183.55 TOTAL INVESTMENTS $25,304,550.67 TOTAL CASH $25,167,768.53 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, As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an investment pool of US Treasury Notes. Interest is credited to the City's bank account on a monthly basis. L.A.I.F - Effective Yield for July 1999 5.225% Money Market -Effective Yield for June 1999 4.398% 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 esti ated expenditures. Terrence L. Belanger, Treasurer MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: CONTRACT AMENDMENT FOR SHEPPARD, MULLIN, RICHTER AND HAMPTON, LLP DATE: October 5, 1999 RECOMMENDATION It is recommended that the City Council approve the amendment to the contract for legal services, related to the Lanterman Developmental Center forensic expansion project, between the City of Diamond Bar and Sheppard, Mullin, Richter and Hampton, LLP, in the amount of $75,000. DISCUSSION: On April 20, 1999, the City of Diamond Bar approved a contract with the law firm of Sheppard, Mullin, Richter and Hampton, LLP (SMRH). SMRH has been retained to prepare and proceed with litigation against the State of California, related to the environmental documentation process for the proposed Lanterman Developmental Center forensic expansion project. The contract amount at that time was not to exceed $50,000 for the initial preparation of the litigation. On July 6, 1999 the City Council approved a contract amendment in the amount of $50,000. It is necessary to increase the contract amount by $75,000 for a not-to-exceed total amount of $225,000, to cover costs for the ongoing legal processes. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO0. TO: Honorable Mayor and Members of the City Council MEETING DATE: October 5, 1999 REPORT DATE; September 28, 1999 FROM: Terrence L. Belanger, City Manager TITLE: SECOND READING OF ORDINANCE NO. 12 (1999) "AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION', AND DISPOSAL OF 'SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS" SUMMARY: This represents the second reading, of the ordinance that affects waste hauler permitting, and waste prevention and recycling programming in the City of Diamond Bar (City). The proposed provisions have been modified based on public and City Council input received on September 21, 1999, at the regular meeting of the City Council. The modifications are described` in the attached staff report. The ordinance addresses the principal concerns of the City with regards to maintaining the competitive nature of the existing waste management system while creating significant incentives and requirements designed to allow the City to meet the AB 939 diversion mandate of 50% by year 2000. The ordinance changes are necessary because there is less than one year left for the City to demonstrate compliance with that mandate. Based on a recent information, the City needs at least 9% diversion to reach 50%, and perhapsas much as 20% diversion, depending, upon Integrated Waste Management Board decision-making. If the City were not to comply with the mandate, there is the risk of fine in the amount of $10,000 per day. _ RECOMMENDATION: That the City Council waive full reading and adopt Ordinance No. 12 (1999) amending Chapter 8.16 of Title 8 of the Diamond Bar City Code Adopting Requirements and Standards Relating to the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable, and Compostable Materials. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution _ Bid Specification X Ordinance Other EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance, or agreement been reviewed? X Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A Yes No Which Commission? 5 Are other departments affected by the report? N/A Yes No Report discussed with the following affected departments: REVWIE Y: Terrence L. Bela er mes DeStefa o DK id . Lr City Manager Deputy City Ma ger Deputy Director of Public Works CITY OF DIAMOND BAR MEMORANDUM MEETING DATE: October 5, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: SECOND READING OF ORDINANCE NO. 12 (1999) OF THE CITY OF DIAMOND BAR "AN ORDINANCE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE MATERIALS." Background The City has been evaluating key elements of the recommendations of the Diamond Bar Solid Waste Standards Task Force (Task Force) since July 1998. The Task Force recommendations entailed five specific actions needed to allow the City to meet AB 939 diversion mandate of 50% by year 2000. At the City Council meeting of April 20, 1999, staff was requested to bring back suggested City Code changes that would allow the City to implement programs while maintaining the competitive nature of the solid waste system. Furthermore, the Council directed staff to report on the key findings of the proposed system. Following a subsequent presentation on the draft ordinance at the City Council meeting of June 1, 1999, staff was directed to conduct three town hall meetings. These meetings were held July 10, July 24, and August 3, 1999, and gave the public including residents and businesses the opportunity to provide input and comments on the draft ordinance. Staff incorporated many of the suggested changes to the draft ordinance, creating the proposed ordinance. This ordinance was introduced at the City Council meeting on September 7, 1999. At the September 7`h Council meeting;both the Council members and the public noted specific concerns with the ordinance as proposed. Concerns were with bulky item and household hazardous waste collection, the amount of discount for any pay as you throw (PAYT) collection system, residential container requirements, the potential rates and impacts of PAYT, and the lack of any specific reference to post -collection processing. At the September 21'` Council meeting, the proposed ordinance was introduced for first reading. The Council and the public made some comments regarding various aspects, none of which resulted in substantive change. There are some minor revisions and one unchanged provision explained within this report. Discussion There were three suggested changes by City Council to be incorporated into the final version of the ordinance. The three included: (1) delete language referencing used motor oil in Section 4: Sec. 8.16.130 (i) because of an apparent duplication; (2) place` a. maximum, limit on the amount of "discount a resident may receive from waste prevention, senior and disabled provisions; and (3) change the use of "the" to "a" when referencing permittees in Section 6 Sec. 8.16.450 (15) through (20). y Staff Report to City Council, October 5, 1999 2 The latter two changes have been incorporated. However, staff respectfully requests that Council reinstitute the use of the term "motor_ oil" in the first item. The reason that staff requests this is that there is no duplication of terms or conditions. The existing code provision, Sec. 8.16.130 (g), addresses the requirement that permittees provide motor oil collection as part of their curbside routes. This only addresses single-family residents. However, there are believed to be significant numbers of multi -family residents who may require or desire pick-up of used oil as well. The proposed Sec. 8.16.130 (i) creates a requirement to offer at -source' collection on a fee for service basis to multi -family residents as well. Schedule Because of the need to meet AB 939 requirements, the 'City will need to accelerate implementation of the ordinance. Assuming approval of the ordinance on October 5', the ordinance will take effect on November 5 h. We anticipate and propose the following key milestones to attain compliance: Description of Activity Milestone Initial notification to permittees of code revisions. ' October 31, 1999 Hold permittees strategy meeting to discuss code revisions and , —By By November 15, 1999 permittee requirements, including permittees' Source Reduction and Recycling Plans (SRRP) and information needed for City Manager review and approval. Address new permits and schedule for re - ; permitting. Initial notification to generators and residents of code revisions. By December 13 1999 Permittees submit SRRPs and other technical information for City By December 17, 1999 Manager Review. SRRPs propose PAYT programming, PAYT container procurement and distribution, incentive rate schedules development, commercial and multi -family sector programming, education and public awareness campaigns, and HHW collection service as a minimum. SRRPs must contain schedules of implementation. Permittees must submit new permit application concurrentl . City Manager completes review and approval process for permittees' By January 14, 2000 SRRPs, permit application, and other information identified above. Informs permittees through scheduled permittee -City conference -.meeting of any conditions, and approvatosapproval. Permittees' begin implementation of SRRPs as agreed upon by the January 17, 2000 City Manager, which maycontain conditions. Education and public awareness campaign begins for barrel and bin By January 17, 2000 served customers. through June 30, 2000 Hold town hall meetings to explain program elements for barrel and As required bin served customers. Distribute PAYT containers. By June 30, 2000 Implement PAYT incentive rates. By June 30, 2000 Notice permittees of new permits. By June 30, 2090 Implement PAYT &2gani July 1, 2000 Monitor process As -required Address disc royals of SRRPs, permit applications, etc. As re - uired Staff Report to City Council, October 5, 1999 3 Financial Summary The costs of implementing the provisions of the ordinance are not fully known; however, they are considered to be less than the potential fine from the 'State of California ($10,000 per day). In addition, there are a variety of ways that the City can help to reduce implementation costs including extending longer term permits to service providers and providing assistance to generators. It is anticipated that in a competitive situation, future rates would not be excessive and might even approach today's area rates for customers who fully participate in diversion programs. None of the minor changes results in any increase in cost from that originally proposed. Recommendation That the City Council waive full reading and adopt Ordinance No. 12 (1999) amending Chapter 8.16 of Title 8 of the Diamond Bar City Code Adopting Requirements and Standards Relating to the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable, and Compostable Materials. Prepared by., David G. Liu1J. Michael Huls AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE ` DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE, AND CQMPOSTABLE MATERIALS. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Sec. 8.16.020. Definitions., is hereby amended to include the definition of disposal, generator, and diversion to read as follows: Dls osal means the act of discarding refuse in a safe and legal manner in accordance with the orovisions of Chanter 8 with no intent of recoverv. reuse. repair. or recvclina on the Dart Diversion means the act _ofdlvertrng refuse or solid waste from dsposal_for the pumoses of recove repair, reuse or rep clip . Generator means any person,property owner or manager, tenant occupant, business service lessee or lessor, institution or other source that'produces refuse or solidwaste for disposal and/or diversion. SECTION 2 Sec. 8.16.070. Residential refuse containers, is hereby amended by modifying subsection (a) deleting subsections (b) through (h), and adding the following new subsections (b) through (g), to read as follows: (a) A permittee shall, at a minimum, provide a 64 -gallon container or suitable alternative, as approved by the city manager, for the collection of refuse from single-family residences within the city. Any container provided by a permittee, pursuant to this section, shall be at a permittee's expense and shall meet the specifications for containers as set forth by resolution of the City Council: 1 e No tenant lessee or. occupant shall use his or her own container,bad, box or other device for the purpose of setting out refuse or rep clables at the curb for collection by the a permittee.However, barrel served customers can oot to .purchase their containers._ from s a permittee,, with a subsequent discountit_rtg of the_month� rate (#) No tenant,lessee. ;or occupant shall know in -dispose of any repyclable material as defined by this chapter, unless such material is not collected by a Mirmittee. Exce, t when Dlaced in accordance with section 8.16.090 hereof for collection Tgges.refuse containers. shalf be.kept and maintained storage locations permitted by the City zoninordinance as the same resentl exists or as ma be amended from time to time, oras. pecified b use per -mit or other entitlement for use. In addition. the container lids' chnil hn 4enf n/neer/ of nn f mee fn !M%inirl ih n mmn�nniFinn of f/:nc —4 wfhr_.r ,.r,.cF.,— „ I s., ..,...s.,.r SECTION 3: Sec. 8.16.080. Commercial refuse bins, is hereby amended to include a new provision (c) to read as follows: c No roe owner, manager.,tenant lessee or occupant shall knowingly dispose of any _recyclable material as defined by this,. chapter in any refuse bin or other stora a device unless such material is not collected by a permittee. SECTION 4: Sec8.16.130. Special provisions regarding method of disposal, is hereby amended by adding subsections (h) and (i) to read as follows: h No propeft owner, manager, tenant lessee or occupant shall knowin Iy dispose of any recyclable material as defined b this cha ter in an bin or other storage device unless such material is not collected by a permittee. basis. The HHW shall only include used motor oil water-based paint, car and household batteries and anti -freeze. SECTION 5:: Seca 8.16.230. (a) Collection charge, is hereby amended to read as follows: (a) Collection charge. A charge for the collection of refuse and rec `clables shall be imposed on the owner or occupant of each residential or commercial unit to which refuse, recyclables, and eornpestableary_d waste collection service is made available. The monthly rate shall be determined by the permittee, but must be structured to eliminate any primingine uities subsidies andpenalties among ratepayers, to add incentives for waste prevention. The charge' so fixed shall be a civil debt due and owing to the-Gi or permittee from the owner or occupant of the residential or commercial unit to which the collection service is made available. The City Council hereby specifically finds and determines that the periodic collection of refuse, rubbish, and recyclables from all residential and commercial units benefits all occupants and residents of the city; provides for the health, safety, and welfare of all persons in the city; and therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder whether or not such owner'or occupant avails himself'of such collection service. \ 2 SECTION 6: Sec.8.18:450., Service Provided; Specific, is hereby amended by modifying the introductory provision and by adding subsections 15 through 20 to read as follows: AA T=hs permittee shall provide the following specific services as described in subsections (1) through {14} 20 of this section. These services shall be in addition to any requirements, additions, policies and procedures as may be established by resolution of the City Council from time to time hereafter. 15 A ermittee shall' implement by January 3 2000 for all single-family residential refuse' accounts an automated refuse collection system consisting of of the Ci!y Manager. SECTION 7: The City Council declares that should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of pre-emptive legislation, the remaining provisions, sections, paragraphs, sentences; and words of this revision shall remain in full force and effect. SECTION 8: The City Clerk shall certify to the passage of this Ordinance and 'shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89.6. ADOPTED AND APPROVED THIS _ DAY OF , 1999. Mayor 1, Lynda Burgess, 'City Clerk of the City of Diamond Bar, do. hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on this _: day of , 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:' ABSTAINED: COUNCIL MEMBERS:' ATTEST: City Clerk of the City of Diamond Bar 4 HEALTH AND SAFETY § 8.16.010 CHAPTER 8.16. SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS COLLECTION* DIVISION 1. GENERALLY Sec. 8.16.010. Legislative policy., The city council finds and determines that the storage, accumulation, collection and disposal of refuse, trash, rubbish, solidwaste, debris and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, *Editor's note—Ord. No. 02(1996), § 1, adopted Feb. 6, 1996, repealed Ord. No. 02A(1990), adopted July 5, 1994, which comprised this ch. 8.16, and § 2 of Ord. No. 02(1996) enacted similar neve provisions as herein set ,out. Formerly, this chapter consisted of §§ 8.16.010- 8.16.270 and 8.16.410-8.16.450. _ Cross references -,-Outdoor festivals, ch. 5.88; environmental protection, ch. 8.12; aban doned or inoperative vehicles, §' 10.20.010 et seq.; sewers and sewage disposal,' § 13.00.016 et seq. State law references Garbage and refuse disposal, Public Resources Code § 49000 et can r• a17t1%r7rif1T to 13.:1-1:,. 'D --- rs A e; I-- HEALTH AND SAFETY § 8.16.020 which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of the city and surrounding; cities. The city council further recognizes that recycling and waste reduction is Of national, regional, and local importance, and that the adoption of uniform regulations for the collection, disposal, recycling,and transportation of solid waste, recyclable and compostable materials as provided in this chapter are designed to eliminate or alleviate such problems. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.020. Definitions For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: AB 939 means the state Integrated Waste. Management Act of 1989 (Public Resources Code § 40050 et seq.), as it may be amended from time to time, and as implemented by the regulations of the state integrated waste management board. AB 939 administrative flee means the fee or assessment set by the city which is intended to offset the city's expenses in administering this chapter and to compensate the city for the costs associated with compliance to the state Integrated Waste Management Act of 1989 .(th 939). Any fee or assessment imposed under this chapter, shall be those which the city council may from time to time hereafter approve by resolution. " Animal waste means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock Bins means those containers provided by the permittee for commercial, industrial, construction and multifamily residential unit uses. Bins are usually two to six cubic yards in size, which are picked up by refuse trucks by means of front loading apparatus. Bulky goods means discarded household furniture, furnishings or appliances, including white goods; automobile parts, including tires; rock or brick in reusable form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in bundles not exceeding 18 inches in diameter or four feet in length and other items the size or weight of which precludes or complicates their handling by normal collection, processing or disposal methods. City means the City of Diamond Bar. City clerk means the city clerk of the City of Diamond Bar. City limits means the boundaries of the city, together with all amendments and changes thereto, which boundaries are shown by maps incorporated in this chapter by reference and which are on file in the office of the city clerk. City manager means the city manager of the City of Diamond Bar or his designee. Supp. No. 3 CD8:35 8.16.020 DIAMOND BAR CODE Commercial solid wastes means all types of solid wastes generated by stores, offices, governmental institutions, and other commercialsources, excluding single-family residential solid waste. sr Commercial unit means any commercial business, industrial: complex, certain multifamily units, any mobehome park, any hotel or motel, any office building, or retail establishment which utilizes bins or other containers, as defined in this chapter, for the .collection of solid waste and recyclables. Compostable materials, green waste or yard waste means leaves, grass clippings, brush, branches and other forms of organic waste generated from landscapes or gardens, separated from other solid waste, Compostable materials does not include stumps or branches in bundles exceeding 18 inches in diameter or four feet in length. Construction and demolition waste means the waste building materials, packaging, plaster, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations on pavements, buildings and other structures, except asbestos- containing materials and reusable rock or brick. Council means the city council of the City of Diamond Bar. Garbage, refuse or solid waste means put rescible and nonputrescible solid and semisolid material generated in or upon, related to the occupancy of remaining . P Y re—,eg an or emanating from residential or eommercialrmdustrial units, such as ordinary household garbage, refuse, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, as well as, dead animals of less than 50 pounds in weight, every accumulation of animal waste, vegetable or other matter which results from the processing, consumption, decay or decomposition of meats, fish, fowl, 'birds, fruits, grains or other animal or vegetable matter normally resulting from domestic, institutional, commercial, industrial, agricultural,, and other community activities, and',other discarded wastes as defined in Public Resources Code § 49503, but excluding certain special waste and materials set out for recycling, and composting. Solid waste shall not include any hazardous -wastes as defined herein. Hazardous waste means .any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 USC 6901 et seq., or, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),,42 USC 9601 et seq., and all future amendments to either of them, or as defined by the, state environmental protection agency or the state integrated waste management board, or either of them. Where there is a conflict in the definitions employed by two ormore agencies having' jurisdiction over hazardous or solid waste, the term "hazardous waster shall be construed to have the broader, more encompassing definition. Industrial waste means all solid waste and semisolid waste which results from industrial processes and manufacturing operations. Supp. No. 3 CD8:36 HEALTH AND SAFETY § 8.26.020 Multifamily units means residential units such as ap townhomes, other than artments, condominiums and single-family dwellings, which utilize bins or other containers; as defined in this chapter, for the collection ,of solid waste and recyclables. Municipal solid waste means all solid waste generated Withinthe city which is designated for collection under this chapter. - Occupant: means and includes every Owner oiy and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence. Permit means the written authority by the city and evidenced by this chapter granting a qualified refuse collector the right and privilege to (1) Arrange for the collection of, and to collect refuse, rubbish and other forms of solid waste; (2) Transport to landfill or other licensed disposal facilities as determined by the Permittee, unless otherwise specified by city; and (3) Recycle from collected refuse, compostables and recyclable materials, all solid waste, green waste and recyclables kept, generated and/or accumulated within the city. Permittee means the individual, fi rm, corporation, association, or group or combination acting as a unit that has been authorized by the city council to collect refuse within the city Pursuant to this chapter. Public highway means any public street, alley, road, public place or highway, except state freeways,open to and used by the travelling public and not used as a private right-of-way within the city. Recyclable material or recyclables residential or commercaUindustrial umeans any material generated on or emanating from nits which is no longer useful or wanted and has the Potential of being reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the state Integrated Waste Management Act of 1989 (Public Resources Code § 40050 et seq.). Such material May limited to paper, newsprint, printed matter, y include, but is not , Pasteboard, paper containers, cardboard, glass, and such other materials designated g P aluminum PET and other Plastics, beverage containers com ostale materials, used motor ail b gn d by the city manager, or designated as recyclables by the state's integrated waste management board, or other agency with jurisdiction, and which are collected by a permittee pursuant to this chapter. Recycling container means a container of a size design, council by resolution and delivered to residences covered by this chapterefor�tthhe by the city storage and collection of recyclables. temporary Refuse collector means any ,person or persons, firm, copartnership, associ- ation or co p, Joint venture, rporation engaged in the collection, transportation and/or disposal of solid waste and/or recyclable materials. Supp. No. 3 (�I'I18:37 § 8.16.020 DIAMOND BAR CODE Residential solid waste means all types of domestic garbage which originate from residential properties which utilize one or more individual residential type solid waste' containers, including any household hazardous waste which may be found to have been placed in the residential solid waste stream. Residential unit means any structure occupying one or more parcels of land which contain or have located thereon a single-family residence or in some situations a multifamily dwelling used .for living purposes. Scavenging means the uncontrolled and unauthorized removal of arty recyclable materi- als, as defined by Public Resources Code §§ 41950 and 41951, or solid waste without'a permit pursuant to this chapter. Single-family residence or single-family: dwelling means a detached building, or each unit of a duplex or triplex, of permanent character placed in a permanent location,which utilizes one or more individual residential type solid waste containers. Solid waste container means a container of a size, design, and weight prescribed by the city council and utilized by single-family residences or certain multifamily units. The term solid waste container does not include a binusedby a multifamily unit. Special waste means any solid waste listed in the state Code of Regulations tit. 22, § 66740, or any waste which has been classified as'a special waste by the city council, including, , but not limited to, any material which because of its source of generation, physical, chemical, or biological characteristics or unique disposal practices, is specifically conditioned in the solid waste facilities permit for handling and/or disposal. Truck means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse or to haul or transport refuse. (Ord. No. 02(1996), § 2 2-6-96) Cross reference -Definitions generally, § 1.00.070. Sec. 8.16.030. Unlawful collection. No person shall collect or transport refuse or recyclable material within the city unless such person is a permittee, as defined in this chapter, or is exempt in accordance with subsections (1) through (8) of this section. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse or recyclable material from any residential or commercial units with any person who is not a permittee as herein defined except as permitted in subsections (1) through (8) of this section. (1) The collection and removal of grass clippings, Prunings, shrubbery, and similar materials by individual residents and by individuals doing business as professional landscapers, tree trimmer or other persons engaged in similar trade, when the collection is directly related to their work, shall be exempt from the provisions of this chapter, Supp. No. 3 CD8:38 HEALTH AND SAFETY § 8.16.030 (2) A permittee shall not be required to- collect hazardous waste or other dangerous materials as part of its regular collection activity. Liquid and dry caustics, acids, infectious, flammable, explosive materials, insecticides, and similar substances shall not be deposited in collection containers. Any person collecting such substances shall, in addition to any requirements of state and federal law, obtain a permit therefor pursuant to the provisions of this chapter (3) Infectious medical waste, as defined in Health and Safety Code § 25117.5, as amended from time to time, or ` any successor provision or provisions thereto, shall not be collected by a permittee as part of its regular; collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy, and in accordance with the Health and Safety Code. Disposal of infectious medical waste shall be conducted pursuant to a permit issued under this chapter in addition to any requirements imposed by state law. (4) No provision of this chapter shall prevent the occupant of a residential unit or commercial unit from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including' without limitation, any saleable scrap, discard, reject, byproduct, ferrous or nonferrous metal, wornout or defective part, junk, pallet, packaging material, paper or other similar item generated in on or by a residential or commercial unit, and no longer useful to the same, but having no market value, whether such buyer is a recycler, junk dealer,.; or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee r other charge or consideration, and that no such materials transported for disposition to a landfill or transfer station as defined in Public Resources Code § 40200. (5) The collection and removal of recyclable material, including, but not limited to, glass, newspapers, aluminum and cardboard, that are separated either for reuse or for the manufacture of new products shall not be exempt from the provisions of this chapter, however, such activities may be subject to the provisions of a separate permit at the discretion. of the city council. (6) No provision of this chapter shall prevent the occupant of a residential unit from collecting and disposing of occasional loads of solid' waste' generated in or on their residential premises; provided, however, that the removal of refuse is at least as often as prescribed in section 8.16.150 of this chapter. (7) The destruction or disposing of secret, confidential, or sensitive documents by means of shredding, lumping, incinerating, or other methods, including the use of an authorized document destruction or disposal service shall be exempt from the provisions of this chapter. (8) No provision of this chapter shall prevent a licensed contractor having a contact for the demolition or reconstruction of a building, structure, pavement, or concrete installa- tion from marketing any saleable items or construction and demolition waste salvaged Supp. No. 5 CD8.39 § 8.16.030 DIAMOND BAR. CODE from such demolition or reconstruction, or from causing such salvageable, items or construction and demolition waste to be removed and transported from the premises on which such waste or salvageable items are generated, pursuant to the provisions of the demolition or construction contract, subject to the following, a. Such collection, 'removal and disposal activity shall be only by the licensed , contractor having the contract for the construction or demolition work that generated such salvageable items or construction or demolition waste, or by regularly employed personnel carried on the licensed contractor's payroll records as an employee; b. If a subcontractor is to be engaged to remove such salvageable items or construction and dernolition waste, any permittee shall have the right of first refusal to` provide such services. If any permittee cannot guarantee such services will be provided within a period of 24 hours, at a cost of service not in excess of the licensed contractor's designated subcontractor, then the' licensed contractor may utilize the services of the designated subcontractor, so long as the designated subcontractor has obtained a limited permit:in accordance with the provisions of section 8.16.460.' (Ord. No. 02(1996), § 2,'2-6-96; Ord. No. 01(1998), § 1, 2-3-98) Sec. 8.16.040. Collection in emergencies. (a) In the event that the collection, transportation and/or disposal services of a permittee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage,civil disturbances, insurrections, explosion, natural disasters such as floods, earth- quakes, landslides and fires, strikes, lockouts and other labor disturbances or other cata- strophic events which are beyond the reasonable control of a permittee, for a period of more than 72 hours, and if as a result thereof, refuse, compostables and recyclables should accumulate in the city to such an extent, in such a" manner, or for such a time that the city manager should find that such accumulation endangers or menaces the public health, safety or welfare, the city shall have the right, upon 24-hour prior written notice to a permittee, during the period of such emergency, to issue limited permits to private persons or corporations to perform any of the services regulated by this chapter or temporarily take possession of any or all equipment and facilities of a permittee previously used in the collection, transportation and disposal of refuse, compostables and recyclables under this chapter, and to use such recyclables permittee would otherwise be obligated to collect and Portables and rec clables which a trans r all refuse, compostables equipment and facilities to collect and transport an o to flus chapter. A permittee p� Pursuant such s transfer of possession that in such event it will fully cooperate with city to effect po sion for the city's use. (b) A permittee agrees that, in such event, the city may take temporary possession of and use all of the equipment and facilities without paying a permittee any rental or other charge, provided that the city agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. The city agrees that it shall Supp: No. 5 CD8:40 HEALTH AND SAFETY § 8.16.070 quiet of adjoining residential neighborhoods. The city manager may require a permittee to d i change hours of operation in commercial anndustrial areas if it can be determined that the operations have a detrimental effect upon the peace and quiet of adjoining residential neighborhoods. (b) In order to preventproblems of traffic, noise, wear and tear to public highways, or other problems having the Potential to adversely affect the health, safety, and the general quality of life of the community, the city council may, by resolution, intervals, deliveryregulate the routes, points, and days for collection by permittees operating within the city from time to time hereafter. (c) The city council may waive the requirements of this section when necessitated by conditions beyond the control of the permittee. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8:16.060. Refuse collection; spillage. A permittee shall exercise all reasonable care and diligence in collecting refuse and recyclable material so as to prevent spilling, scattering or dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence, clean up any such spillage. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.070. Residential refuse containers. (a) A permittee shall, at a minimum, provide a 100 -gallon container or suitable alterna- tive, as approved by the city manager; for the collection of refuse from single-family residences within the city. Any containerrovided b P Y a Permittee, pursuant to this section, shall be at the permittee's expense and shall meet the specifications for containers as set forth by resolution of the city council. (b) Nothing in this section shall prohibit any tenant, lessee or occupant of any residential unit to provide without expense to the city their own container, providing that the container is specifically designed for the containment of refuse, or watertight metal or plastic containers except as hereinafter provided, which shall have suitable bales or handles and a tightfitting cover which shall prevent leakage or escape of odors, and which whenfilled within four inches of the top shall contain all refuse which would ordinarily accumulate on such units between collections. The exterior of such containers, including covers, shall be kept clean from accumulated grease or decomposing materials. Except when placed in accordance with section 8.16.090 hereof for collection purposes, refuse containers shall be kept and maintained only in ; storage locations permitted by the city zoning ordinance, as the same presently exists or as may be amended from time to time, or as specified by use permit or other entitlement for use. (c) Apermittee shall provide a container(s) or suitable alternative, as approved manager, capable of storing a minimum of 36 g commingled ecycIgallons of commie led r ables as as by the city defined by this chapter. It shall be the duty of every tenant, lessee or occupant of any residential unit to maintain the containers in a reasonably safe and secure manner. Supp. No. 3 CD8:41 §' 8.16.070 DIAMOND BAR CODE (d) Grass; clippings, leaves and other yard work debris, other than branches or tree limbs, may be either deposited in metal or plastic containers, or specially designed bags, as above mentioned, or cardboard boxes. If cardboard boxes are used, the cardboard boxes, along with the contents, shall be considered refuse set out for collection and both the cardboard boxes and contents shall be collected. (e) Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or wire, in bundles not exceeding four feet in length nor 18 inches in diameter. (fl Newspapers and magazines may be either deposited in metal or plastic containers, as above .mentioned, or tied with sturdy twine,', rope or wire, in bundles not exceeding 50 pounds in weight. (g) Extra or unwanted cardboard boxes shall be flattened and . tied , in bundles not , exceeding four feet in length nor 50 pounds in weight. (h) Any container designed to be emptied by hand shall have a capacity of not less than 15 gallons nor more than 45 gallons, and which shall not exceed 50 pounds in weight when loaded, adequate to contain the amount of garbage and combustible rubbish normally accumulating during the interval between collections thereof. (Ord. No. 02(1996) § 2, 2-6-96) See. 8.16.080. Commercial refuse bins. (a) A permittee shall collect and remove all solid waste that has been placed in bins, from all commercial, industrial, and multifamily units within the city at least once every week, or more frequently if required to handle the waste stream of the premises where the bins are located. A`permittee shall provide a bin suitable to each commercial, industrial and multifam- ily unit for the collection of refuse. (b) Each such bin employed solely for the accumulation of commercial garbage shall be of durable metal 'or plastic construction, watertight and shall be equipped with a tightfitting metal or plastic cover. The use of oil drums prohibited. of 50 -gallon capacity or more is specifically (Ord. No. 02(1996) § 2, 2-6-96) Sec. 8.16.090. Placement of containers for collection. It shall be the du f duty oevery person having charge and control of any residential or commercial unit to set out or place containers or bins for the collection of refuse, recyclables, compostable materials, miscellaneous debris and combined rubbish and/or othersolid waste, as follows: (1) Any container used for the purpose of reception and removal of refuse or recyclable materials shall be placed at the curb in front of the residential unit, or the alley in the rear of each residential` unit; except where alleys having access to public highways at Supp. No. 3 CD8:42 HEALT H AND SAFETY § 8.16.100.- each end exist, collections shall be made from such alleys; provided, that this. provision shall not apply to a blind alley or alley the width of which will not accommodate the vehicle used for collection. (2) No person shall place, or cause to be placed, any refuse or, recyclable material, or bin used for the collection of refuse or recyclable materials from commercial and multifamily units, on any public street or in anyplace or in any manner without first obtaining an encroachment permit from the city's engineering department for each day the container or bin is placed on a public street, alley, or thoroughfare.' Any container or bin placed on the public street, alley, or thoroughfare shall be properly barricaded against traffic, and all debris resulting from the location, and use of the container or bin shall be removed at the end of the day in which it was placed in the public street, alley or thoroughfare. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.100. Time and date of placement of containers. (a) No person shall place, or cause to be placed, any refuse or recyclable material, or container or bin used'for the collection of refuse or recyclable materials, in any public highway or in anyplace or in any manner other than hereinabove provided, or at any other than the days established by the city for the collection of such refuse or recyclable material on the particular routeinvolved, earlier than sunset of the day' preceding the day designated for 10:00 m. on the da the containers. and bins have from the place of collection prior to collection and all containers and bins shall be re p• y e been emptied. (b) Each owner, occupant, tenant or lessee of a residential or commercial unit shall maintain the same in a sanitary condition. Should any container or bin not be emptied and the contents removed on the date and time scheduled by the permittee, they should immediately notify the permittee or the city, and it shall be the duty of the permittee to.forthwith arrange for the collection and disposal of the refuse. (c) Refuse,-recyclables, compostables, salvage and other special waste, as defined herein, which exceeds the limitations: hereinabove set out may, in the discretion of the permittee, be scheduled'; for special collection upon the application' of the owner or occupant of the premises. Special collection charges may be assessed by the permittee' for this service with prior' approval of above-mentioned occupant of the premises and subject to any requirements set forth in the permit; (d) No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the city, or a permittee's,agents or employees authorized for such purposes shall tamper or meddle with any container or bin used for the collection of refuse and recyclables,. or the contents thereof, or remove the contents of any container or bin, or remove any container or bin from the location where the same shall have been placed by the owner thereof or owner's agent: (Ord. No. 02(1996), § 2, 2-6-96) Supp. No. 3' CD8.43 § 8.16.110 DIAMOND BAR CODE Sec. 8.16.110. Refuse removal. Pursuant to California Administrative Code title 14, chapter 17.331H, all refuse created, produced or accumulated in or about a residential unit or commercial unit in the city shall be removed at least once each week. No person who is the occupant of 'any of the above-described premises shall fail or neglect to provide for the removal of refuse at least as often as prescribed in this section. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.120. Refuse disposal. (a) Once refuse, compostables and recyclables are placed in containers or bins for collection " from residential premises ownership shall transfer directly to the permittee by operation of law (Public Resources Code § 41950(c)). Subject to the permittee's duty to meet source reduction and recycling goals which apply to the city, the permittee is hereby granted the right to retain, recycle, compost, dispose of and otherwise use such refuse, compostables and recyclables, or any part thereof, in any lawful fashion or for any lawful purpose desired by the permittee. (b)' The permittee shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost or dispose of or use the refuse, compostables and recyclables which it collects. At no time does the city obtain any right of ownership or possession of solid waste, compostables, or recyclables placed for collection, and nothing in this chapter shall be construed as giving rise to any inference that the city has any such rights. The city and the permittee agree that, for purposes of the Uniform Commercial Code and allother laws imposing_ liability for defective products, it is the permittee, and not the city which is to be considered the "merchant" of goods recycled' pursuant to this chapter. (c) The city, at its sole discretion,' shall retain the right to direct which solid waste disposal facility, transformation facility, transfer-station, or material recovery facility shall be used by the permittee to retain, 'recycle, compost, process, and dispose of solid waste and construction debris generated within the city, to the extent permitted by law. (Ord. No. 02(1996), § 2 2-6-96) See. 8.16.130. Special provisions regarding method of disposal.` (a) The removal of wearing apparel, bedding or other refuse from residential units or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the county health officer, and such refuse shall neither be placed in containers; or bins'nor left for regular collection and disposal. (b) Highly flammable or explosive or radioactive refuse shall not be placed' in containers or bins for regular collection and disposal, but shall be removed under the supervision of the city at the expense of the owner or possessor of the material. Supp. No. 3 CD8:44 ;I HEALTH AND SAFETY § 8.16.140 (c) Refuse or other solid waste containing water or other liquids shall be drained before being placed in a container or bin. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or bin. (d)No hazardous material, as defined in this chapter, or any other dangerous substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any rubbish, solid waste or other refuse which is to be collected, removed or disposed of by a permittee. Such items shall be removed at the occupant's expense only after arrangements have been made with the permittee or city for such removal. (e) Animal waste, as defined in this chapter, shall not be placed in containers or bins for regular collection and disposal, but shall be removed at the occupant's expense. (f) A permittee may, but is not required to, provide such collection, transportation and disposal services for special wastes as defined herein. Apermittee may provide such service for special wastes if contracted to do so by customers under separate written contracts negotiated between a permittee and the customer generating such special wastes. (g) A permittee, -at the permittee 's sole expense, shall collect up to five quarts of uncontaminated waste motor oil per single-family residence per month. Waste motor oil shall be placed at the curb on the same day of the week as usual refuse collection in a resealable plastic container and be clearly identified as used and/or waste motor oil. A permittee shall collect used motor oil fa containers that have been placed'at curbside at no additional charge to service recipients. A permittee shallexercise all reasonable care and diligence in collecting waste motor oil so as to prevent spillage and shall, at the permittees' sole expense, clean up any such spillage within four hours of notification by the city. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16..140. Burning, burial or dumping. (a) It shall be unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped any solid waste, recyclable material, hazardous waste or infectious waste'' of any kind whatsoever upon any private or public property within a distance of 1,000 feet from any public highway in the city, or within a distance of 500 feet from any residential or commercial unit, or to cause or suffer or permit such solid waste, recyclable material, or infectious waste to be placed, deposited or dumped upon any public or private property within a distance of 1,000 feet of any public highway or within a distance of 500 'feet from any residential or commercial unit within the city, without first having obtained a use permit Pursuant to the zoning laws of the city, county, and state, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of the zoning laws of the city. The provisions of this section shall not apply to solid waste, recyclable materials, hazardous waste or infectious waste placed into a'container for pickup by a refuse collector, operating pursuant to a permit issued under this chapter. sugp. No. 3 CD8:45 § 8.16.140 DIAMOND BAR CODE (b) No person shall burn, bury or dump any refuse, recyclable material, hazardous waste or infectious waste within the city at any time, without having first complied with all rules and regulations of the city, the county, the South Coast Air Quality Management District, or any other agency with jurisdiction. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.150. Duration of storage. Pursuant to California Administrative Code title 14, chapter 3, section 17.331H, no person shall store or accumulate any refuse, rubbish or miscellaneous debris in any container or at any location other than as hereinabove set forth, or for any length of timeother than as follows: (1) Refuse shall not be accumulated or stored for a period of time'in excess of: a. Residential units: one week (seven days); and b. Commercial units:, one week (seven days). (2) Recyclable materials shall, not be stored or accumulated for a period of time in excess of two weeks (14 days). (3) The above periods of time which end in any week in which a holiday occurs are extended one additional day. (Ord. No: 02(1996), § 2, 2-6-96) Sec. 8.16.160. Use of trucks. Any persons who desire to operate privately owned refuse trash or recycling vehicles under provisions of this chapter shall utilize, vehicles that are registered with the state department of motor vehicles, and are of a size, weight, nature and type to be minimally' intrusiveon the community with respect to noise, emissions, maneuverability, safety, fuel efficiency, and other factors necessary to minimize the impacts of the permittees' services. The city manager shall require the permittee to remove from service or repair those vehicles that allow or permit offensive odors to :escape and/or refuse to be ''blown, dropped or spilled` therefrom. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.170. No parking of refuse trucks on any public highway. {a) No person, between the hours of 8:00 p.m. and 5:00 a.m., shall leave a refuse truck parked on any public highway. (b) No person, between the hours of 5:00 a.m. and 8:40 p.m., shall leave a refuse truck parked on any public highway for more than one hour unless the city manager is notified that a breakdown or emergency exists. (Ord. No. 02(1996), § 2, '2-6-96) Supp'. No. 3 CD8:46 HEALTH AND SAFETY § 5.16.200 Sec. 8.16.180. Trucks—Equipment required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance and an identification card with the name of whom to telephone in case of an accident or emergency. Each truck shall be equipped with a minimum of a 20 -pound fire extinguisher that has been certified by the state fire: marshal. This fire extinguisher stall be recharged as needed, but not less than once annually. Vehicles shall be equipped with a shovel and broom to clean up any spillage. (Ord. No. 02(2996), .§ 2, 2-6-96)' Sec. 8:16.190. Same—Specifications and restrictions. All trucksused for refuse, recyclables or compostable materials collection within the city .shall be required: (1) 1b be completely enclosed > with a nonabsorbent cover while transporting refuse, recyclables or compostable materials or other waste materials in or through the city. "Completely enclosed with a nonabsorbent cover" means that refuse, trash, recyclable or compostable materials shall not be visible from the public highway, nor shall any of the substances be permitted to leak, spill or become deposited along any public highway. (2) All trucks used in the course of refuse or recyclable materials collection shall be uniformly painted and identified ;by truck numerals,' a company logo, and local telephone number in letters and figures no less than five inches high. All collection trucks shall display the seal of the city with the words, "Serving the City of Diamond Bar" in letters no less than eight inches high. (3) All trucks shall be kept clean and in good repair at all times. Equipment bodies shall be of metal and reasonably watertight so that no materials shall leak, fall or be spilled. (4) All trucks shall be maintained in good and safe mechanical condition.Vehicles must conform to the state's Vehicle Code and all other, applicable laws and are subject to inspection at any time by the city or the state highway patrol, (Ord. No. 02(1996), § 2 2-6-96) Sec. 8.16.200. Same -Inspection. (a) Each of any permittee's trucks shall pass a state highway y Patrolbiannual inspection of terminals. Proof of inspection shall be made available at the discretion of the city manager at any point of operation. The permittee shall not use a vehicle that has failed to pass a vehicle.. inspection. (b) A decal may be issued by the city for each truck complying with provisions of this chapter which shall be placed on the truck in a conspicuous place: (Ord. No. 02(1996), §'2, 2-6-96)' Supp. No. 3; CD8:47 § 8.16.210 DIAMOND BAR CODE Sec. 8.16.210. Permittee's local telephone number. Each permittee must maintain a local telephone number which shall be staffedfor personal contact between 8:00 a.m. and 5:40 p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking m6ssages. (Ord. No. 02(2996), § 2, 2-6-96) Sec. 8.16.220. Permittee's employees. (a) Each permittee must provide high quality service by industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents of the city in a courteous, helpful' and impartial manner. (b) The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor. (c) Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the state. (d) The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in refuse collection service within the city. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.230. Charges for sertice. (a) Collection charge. A charge for the collection of refuse shall be imposed on the owner or occupant of each residential or commercial unit to which refuse, recyclable, and comp' collection service is made available. The charge so fixed shall be a' civil debt due and owing to the city or permittee from the owner or occupant of the residential or commercial unit to which the collection service is made available. The city council hereby specifically finds and determines that the periodic collection of refuse and rubbish from all residential and commercial units benefits all occupants and residents of the city; provides for the health, safety and welfare of all persons in the city; and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant avails himself of such collection service:` (b) Rate adjustments. The permittee shall provide the city and the owner or occupant of each residential or commercial unit that receives collection services, at least 60 days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its rates and charges which are not subject to regulation by the city. The notice shall include a statement of the reasons for the rate increase. (c) Billing and payment. Billing and payment procedures are as follows: (1) The permittee shall bill all customers for all services rendered, whether regular or special services. The permittee shall provide itemized bills, distinctly showing charges for all classifications of services, including, but not limited to, the charges for late payment, redelivery fees, charges. for additional containers, and other special Supp.; No. 3 CD8:48 HEALTH AND SAFETY § 8.16.260 services covered under this chapter. The permittee shall designate that portion of a customer's bili attributable to any fees imposed upon by the city as a separate item on customers' bills: (2) Upon a customer's request, the permittee shall offer a U�percent discount to each household in which the headof household is 60 years of age or older. This discount is applicable to all services rendered by the permittee. (3) The city may, at the city's sole option, elect to bill residential units for refuse collection and recycling through a parcel charge. Should the city institute a parcel charge, the permittee shall be paid for each residential and commercial unit served according to a payment schedule as set forth by a separate resolution of the city council. Retroactive adjustments shall be made on the basis of addresses of premises added and the date added. Premises, ordered after the first of the month shall be charged on a prorated 30-day/monthly basis. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.240. Right of chapter modification. This chapter is intended to carry out the city's obligations to comply with the provisions of the state Integrated Waste Management Act of 1989 (Public Resources Code § 40500 et seq.), as it from time to time may be amended, and as implemented by regulations of the state integrated waste management board (regulations), as they from time to time maybe amended. In the event that AB 939 or other state or federal laws or regulations enacted after this chapter has been enacted prevent or preclude compliance with one or more provisions of this chapter, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. The city specifically retains the right to repeal, amend, add to, or modify each and every provision of this chapter. (Ord. No. 02(1996), § 2, 2-6-96) Seca 8.16.250. Right to grant franchise. The city, subject to all applicable state laws, specifically retains the right to grant a franchise or franchises for the collection of refuse, recyclable and compostable materials from any residential or commercial units. (Ord. No. 02(1996) § 2, 2-6-96) Sec. 8.1660. Penalty for violation of chapter. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision ar to fail to comply with any of the requirementsof this chapter. Any person, firm, partnership, or corporation violating any provision' of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1.04.010. (Ord. No. 02(1996),'§ 2, 2-6-96) Supp. No. 5 CD8:49 § 8.16.270 DIAMOND BAR CODE Sec. 8.16.270. Civil remedies available. The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through ` civil process by means of restraining order, preliminary or permanent .injunction. or in any other manner provided by Iaw`for the abatement of such nuisances. (Ord. No. 02(1996), § 2, 2-6-96) Secs. 8.16.280-8.16:400. Reserved. DIVISION 2. PERMITS* Sec. 8.16.410. Authority of city council to issue. The state legislature, by enactment of the state Integrated Waste Management Act of 1989 (Public Resources Code § 40050 et seq.), has declared that it is withinthe public's interest to authorize and require local agencies to make adequate provisions for solid. waste handling within their jurisdictions–Public Resources Code § 40059, as amended from time to time, or any successor provision or provisions thereto, authorizes the city to determine (1) All aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services; and _ (2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, ipermit, or otherwise, either with or without competitive bidding. The city council has now therefore determined, pursuant to Public Resources Code § 40059(x)(1), that the public's health, safety and well' -being require that permits be granted to qualified solid waste contractors for solid waste collection, recycling, composting and disposal services in residential, commercial, construction and industrial areas within the city. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.420. Permits for refuse collection and establishment of collection fees. - The collection and disposal of solid waste is a service to be performed in the city is accordance with the provisions of this chapter. The city may from time to time issue permits' to those parties meeting the criteria of this chapter and such other standards as may be - established by resolution of the city council regarding the collection of solid wastefrom residential and commercial units. Collection of material provided for herein may be made only in accordance with the terms and conditions of any such permit. 'Fees and charges for such collection, removal and disposal services shall be those which the council may from time to time hereafter approve ' by resolution. No person shall engage in the business of collecting, removing disposing y , y , or compostable material, or other 0 or dis osm of an solid waste recyclable material *Cross reference—Business licenses and regulations, tit. 5, Supp. No. 5 CD8:50 HEALTH AND SAFETY § 8.16.430 ` waste including special waste, hazardous waste or 'infectious medical waste, within the city from any residential or commercial units, nor transportthe same over any public highway or rights-of-way, unless a permit to do so has first been obtained from the city and such person complies with the provisions of this chapter and any other regulations which have been adopted pursuant to this chapter. (Ord. No. 02(1996), § 2, 2-6-96; Ord. No. 01(1998), § 2, 2-3-98) Sec. 8.16.430. Permit for removal of refuse; prerequisites. (a) Procedure and required information. Any person or refuse collector desiring to obtain a permit to, remove or convey any solid waste, recyclable or compostable material, hazardous waste or infectious waste upon or along any public highway within the city from any residential and/or commercial unit shall sign and file an application in the form prescribed by , thecityand pay a permit application fee as may be established by resolution of the' city council To the extent permitted by law, the information submitted in the application shall be kept confidential. Each permit application shall be filed with the city manager or his designee and shall include, at a minimum, the following information (1) Name and description of the permittee. (2) Permanent business address and address of local office of the permittee. (3) Trade and firm name. (4) If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses. (5) Facts indicating that the permittee has arranged for refuse disposal in an area where the same may be legally accepted and disposed of as directed by the city. (6) The type of solid waste, recyclable material, hazardous or infectious waste to be collected in each of the applicable areas: residential, commercial, multifamily residen- tial and industrial. (7) Facts indicating that permittee is qualified to render efficient refuse collection service. (8) Facts indicating that trucks and equipment conform to all applicable provisions of this chapter. (9) Satisfactory evidence that permittee has been in existence as a going concern for in excess of five years and possesses not less than five years' actual operating experience as a going concern in residential and/or commercial refuse collection and disposal. (10) Satisfactory evidence that permittee's experience as a going concern in residential and/or commercial refuse collection and disposal derives from operations of comparable size to that contemplated by the permittee;; details shall include length of other contracts, name and size .of municipality, nature of service provided, and the name of the contact person at the municipality being served.' Supp. No. 5 CD8:51 § 8.16.430 DIAMOND BAR CODE (11) Evidence that permittee is in good standing in the state and in the case of a corporation organized under the laws of any other state, evidence that permittee is licensed to do business in the state. (12) A detailed inventory of the permittee's equipment availablefor use in refuse collection area. (13) A written statement that permittee has complied with or is capable of complying with all regulations imposed by the county and the state for the collection and disposal of solid wastes, (14) Facts indicating that the applicant owns or has under his control, in good mechanical condition, sufficient equipment to conduct the business of refuse collection adequately if granted a permit, and that the applicant owns or has access to suitable facilities for maintaining his equipment in a clean and sanitary condition. (15) Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for refuse collection which can be legally served by the applicant. (16) Such other pertinent facts or information as the city manager may require, including evidence of state certification, if applicable. (17) Any of the provisions in conflict with certification requirements imposed by state law shall not be required. (b) Permit fees. Permit fees shall be as follows: (1) Pursuant to Public Resources Code §, 41902, the city may directly assess a fee or may, by agreement, arrange for the fee to be collected by the permittee under this chapter. Thehall pay or collect, as the case may be, an AB 939 administrative fee, as may be established by separate resolution of the city council and from time to time p city 30 days after the close of each quarter of the permittees' fiscal year. (2) The permittee shall remit to city, for its reasonable costs of granting a permit, a nonrefundable application fee as determined by resolution of the city council and from time to time amended. (3) The permittee shall be required to remit to the city an annual permit fee or such fee as determined from time to time hereafter by 'resolution of the city council. The permit fee required by this section shall be in addition to any other license, permit, or agreement Previously granted by the county or the city. (c) Reports. Reports shall be compiled and submitted as follows: (1) The permittee shall submit, in a form approved by the city, an annual report within 120 days after the close of each fiscal year. This report shall include, but is not limited to, the following information: , a. A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontin- ued during the reporting year, and the number of customers for each class of service. Supp. No. 5 CD8:52 HEALTH AND SAFETY § 8.16.430 b A report, in a form satisfactory' to the city, on the city's progress in meeting and maintaining its ability to meet, its goals under AB 939 as applied to the permit area, along with any recommended changes.r C. A revenue statement, setting forth quarterly AB 939 administrative fees, and the basis for the calculation thereof, certified for accuracy by an officer of the permittee. d. A list of the permittee's officers and members of its board of directors. e. A list of stockholders or other equity investors holding five percent or more of the voting interest in the permittee and any subsidiaries unless the: permittee is a public corporation whose annual reports are publicly available. (2) The permittee shall submit, in a form approved by the city,'a monthly program report These reports shall be due within 20 working days from the end of the month. At a minimum, the reports shall, include: a. Summaries of tonnage collected and disposed of by generator type, disposal facility used and disposal fees paid. b. Summaries of tonnage of recycled material collected by material. C. Summaries of tonnages of nonrecyclables and contaminants disposed. d.Summaries' of tonnages, using an approved sampling methodology, of each material processed, sold or otherwise exchanged for processing, by material type. e. Average market prices for each material sold, and processing charges or accep- tance fees for yardwaste or other applicable materials. f. Participation rates for each route in terms of set out counts and average pounds collected per residential, multifamily, or commercial units. g. Description of progress in meeting the implementation schedule, including the problems encountered and how they were resolved. h. Summaries' of the number of service complaints by route, including the date, nature of complaint, and how it was resolved: (3) The permittee shall provide up to six reports of varying detail and format, as specifically requested by the city, to meet unforeseeable information queries of the . state integrated waste management board, county integrated waste management task force, or other public agencies: (4) The permittee shall provide the city, two copies of all reports, or other material adversely affecting the permittee's status under this chapter, including, but not limited to, reports submitted by the permittee to the Environmental Protection. Agency, the state integrated waste management board or any other federal or state agency. Copies shall be submitted to city simultaneously with the permittee's filing of such matters with such agencies. (5) The permittee shall submit to the city copies of all pleadings, applications, notifica- tions, communications and documents of any kind, submitted by the permittee to, as Supp. No. 5 CD8E53 § 8.16.430 DIAMOND BARCODE well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies relating specifically to the permittee's performance of services pursuant to this chapter. Any confidential data exempt from public disclosure shall be retained in confidence by the city and its authorized agents and shall not be made available' for public inspection. (6) The permittee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, maps; AB 939 compliance records, and customer complaints, for the full term of the permit, and an additional period of not less than three years, or any longer period required by law. The city shall have the right, upon five business days advance notice, to inspect all maps, AB 939 compliance records, customer complaints, and other like materials of the permittee which relate to the permittee's compliance with the provisions of this; chapter., Such records shall be made available to the city at the permittee's regular place of business, but in no event outside the county. (7) All reports and records required under this or any other section shall be furnished at the sole expense of the permittee. (d) Bonding of permittee. Before granting a permit under the provisions of this chapter, the city shall require the permittee as a condition of the; permit, to post with the city clerk a cash bond or surety bond payable to the city in the sum of $50,000.00. Such bond shall be secured from a surety company satisfactory to the city and on terms acceptable to the city attorney. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under' the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and allrenewals thereof. (e) Indemnification by permittee. The permittee 'shall indemnify, defend with 'counsel approved by the city, protect and hold harmless the city, its elected officials, officers, employees, agents, assigns and any successor or successors to the city's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes ` of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and .expenses (including but not limited to attorneys' and a connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the city or its officers, employees, agents or permittees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at anyplace where the permittee stores or disposes of municipal solid waste pursuant to this chapter. The foregoing indemnity is intended to operate:as an agreement Liability Act, "CER �� § F pursuant to section 107(e) of the Comprehensive Environmental Response, Compensation and CLA, 42 USC 9607(e) and Health and Safety Code §' 25364, to insure, protect, hold harmless and indemnify the city from liability. Supp. No. 5 CD854 - HEALTH AND SAFETY § 8.16.430 (f) Liability insurance. The permittee shall obtain and maintain in full force and effect throughout the entire term of the permit, a broad form comprehensive general liability (occurrence) policy with a minimum limit -of $5,000,000.00 aggregate and $1,000,000.00 per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. The insurance shall be obtained from an insurer authorized to do business in the state. The insurance shall protect the permittee and the city from any claim for damages for bodily injury, including accidental death, as well as from any claim for damages which may arise from operations performed pursuant to this chapter, whether such operations be by permittee itself, or by its agents, employees or subpermittees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the city clerk. All of the following endorsements are required to be made a part of the insurance policies: required by this section: (1) The city, its elected officials, employees, agents, and officers, are hereby added as insureds with respect to liability arising out of activities performed by or on behalf of the permittee. (2) This policy shall be considered primary insurance > as respects any other valid and collectible insurance the city may possess including any self-insured retention the city may have, and any other insurance the city; does possess shall be considered excess insurance and shall not contribute with it. (3) This insurance shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the, insuring company. (4) Thirty days' prior written notice by certified mail, return receipt requested, shall be given to the city in the event of suspension, cancellation, reduction in coverage or in limits or nonrenewal of this policy for whatever reason. Such notice shall be sent to the city clerk. (g) Worker's compensation. The permittee shall obtain and maintain in full force and effect throughout the entire term of the permit, full worker's compensation insurance in accord with the provisions and requirements of the state's Labor Code. Endorsements that implement the required coverage shall be filed and maintained with the city clerk throughout the term of this chapter. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to city. The policy shall also be amended to waive all rights of subrogation against the city, its elected or appointed officials, employees, ,agents or the permittee for losses which arise' from work performed by the named insured for the city. (h) Protection; indemnification of city. The permittee agrees to protect, defend, with a counsel approved by city, and indemnify the city, its officers, elected officials, employees and agents against all fines or penalties imposed by the state integrated waste management board Supp. No. 5 , CD855 § 8.16.430 DIAMOND BAR CODE in the event the source reduction and recycling goals or any other requirement of AB 939 are not met by the city with respect to the permittee's proportional share of the waste stream collected under this chapter. (i) Compliance with local and state laws and regulations. Th8 permittee must agree to perform the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the city and applicable laws and regulations of the county and state, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof. (j) Development of SRRE program. The permittee shall divert, by January 1, 1996, a minimum of 25 percent of the permittee's prorata share of the city's waste stream as determined quarterly, and should the permit remain in effect through January 1;' 2000, 50 percent of the permittee's prorata share as determined quarterly. The permittee shall expend all funds reasonably necessary to design, develop, and implement, at the city's direction, any program that has been identified in the city's source reduction and recycling element (SRRE), and ,incorporated herein by reference, capable of achieving compliance with AB' 939. The city agrees that it will cooperate,' participate and consult with the permittee in the design, development, and implementation of any city directed SRRE program. (k) Responsibility for distress to city driving surfaces. The permittee shall be responsible for any distress, other than normal wear and tear, to the city's driving surfaces (i.e., transverse cracking, alligator cracking, patching, rutting, etc.), whether or not paved, resulting from the weight of vehicles providing refuse collection services at the location of bins and "containers on public property. The city manager or his designee shall review each incident of asphalt distress' separately with the permittee to verify the full extent of damage to the city's driving surfaces. Upon verification of damages, the permittee, at the permittee's sole expense, shall repair or replace, in a manner acceptable to the city, all damaged surfaces. (Ord. No. 02(1996), § 2, 2-6-96; Ord. No. 01(1998), §'3, 2-3-98) Sec. &16.440. Permit provisions. (a) Issuance or denial. When an application has been made to the city for a permit pursuant to this chapter or such standards as may be from time to time adopted by resolution of the city council, it shall be the duty of the city manager or his designee to consider the matter, and he or she shall have the right to grant, condition or deny the permit request, and such decision shall be subject to an appeal of the citycouncil. In ting ng or denying the permit gran ' , conditioning request, the city manager and the city council may take into consideration factors, including, but not limited to, the following; (1) The ability ofthe permittee to comply with standards and requirements enumerated in this chapter or such other standards as may be established by resolution of the city council. Supp. No. 5 CD8 -56 HEALTH AND SAFETY § 8.16.440 (2) The ability of the permittee to comply with the equipment standards enumerated in this chapter or such other standards as may be established by resolution of the city council. (3) . The ability of the permittee to comply with the provisions regarding insurance or bonds enumerated in, this chapter. or such other standards as may be established by resolution of the city council. (4) The ability of; the permittee to cooperate, participate and consult with the city to implement programs as identified in the city's source reduction and recycling element (SRRE) Based on a preponderance of the evidence presented, the city council shall make appropriate findings of fact before determining whether the permit should be conditioned or denied. If, based upon the record, the city council determines that the performance of the permittee is not in compliance with any material terms of this chapter or any material provision of any applicable federal, state or local statute or regulation, the city council, in the exercise of its sole discretion, may deny the permit request. The decision of the city council shall be final and conclusive. (b) Assignment or transfer. No assignment or transfer of a permit pursuant to this chapter or any right accruing under such permit shallbe made in whole or in part by the permittee without the express consent of the council.In the event any assignment or transfer is authorized by the council, the assignee shall assume the liability and all other obligations of the permittee. Each permittee shall file, on or before July'l of each calendar year, with the city clerk, a statement of ownership and shall verify the same as being true and correct under penalty of perjury. A permit issued under this chapter shall not grant the permittee rights under Public Resources Code § 49520, where at the time the permit is granted the permittee did not have a right to continue service under this section. (c) Revocation. Apermit may be revoked at the option of the council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the council. If it is determined by the city manager that the permittee has not complied with the provisions of this chapter, the permit, and all other applicable statutes, ordinances, rules and regulations, the city manager shall notify the permittee in writing of noncompliance and shall order compliance within 30 days. If noncompliance is not corrected within the above-prescribed 30-day period, the council, following a public hearing upon at least ten, days' written notice to the permittee, may terminate the permit. (Ord. No. 02(1996) § 2, 2-6-96) Supp. No. 5 CM-56.1 § 8.16:450 DIAMOND BAR. CODE Sec. 8:16.450: Service provided,- specific. The permittee shall provide the following specific services as described in subsections (1) through (14) of this section. These services shall be in addition to any requirements, conditions, policies and procedures as may be established by resolution of the city council from time to time hereafter. (1) If the day of collection on any given route falls on a holiday observed by the city or lawful disposal site to which refuse collected within the city is :taken for disposal, or recycling facility to which recyclables are taken, the permittee shallprovide collection service for such routeon the next workday following such holiday unless otherwise provided for in this chapter. The following holidays will be observed: New Year's Day, Labor Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. (2) The permittee, at the permittee's sole expense, shall prepare and implement a multilingual public education and information program of no less than three languages as determined by the city manager. The program shall be approved by the city manager -well in advance of the introduction of any service. This program shall, at a minimum: familiarize residents, property managers, business owners/managers, and designated institutional representatives with essential waste reduction and recycling concepts; explain the benefits of recycling and composting (if applicable); explain the purpose and the manner of the city sanctioned recycling and composting programs; emphasize the materials to be collected; show the convenience of the whole range of activities in the city (both existing and proposed); and how to obtain further information. The city may supplement the program with newsletters and other means of communicating with the public. The content of all written, materials is subject to the review and approval of the city manager. (3) The permittee, at the permittee's sole expense, shall institute a voluntary backyard composting program by Providing 100 composting bins per year. Bins shall be constructed from not less than 15 percent post -consumer recycled plastic and are of a size, weight, nature and type as approved by the city manager as to be minimally intrusive on the community with respect to aesthetics, vector control, ease of use and other factors necessary to minimize the impacts of this program. Bins shall be made available on a first-come first-served basis to any single-family resident wishing to participate in this program, (4) The permittee, at the permittee's sole expense, shall provide, to the city for demon- stration purposes, up to four composting bins of a size, weight, nature and type to be minimally intrusive on the community with respect to aesthetics,' vector control, and ease of use. These bins shall be delivered to public facilities (e.g., parks) designated by the city manager within two weeks after notification. In addition, the permittee shall assist the city in developing a public outreach campaign by providing educational material, as well as an individual, knowledgeable on composting/organic gardening or other related topics, to lecture in up to two composting demonstration events per year. Supp. No. 5 CD8:56.2 HEALTH AND SAFETY § 8.16.450 (5) The permittee shall collect, transport and recycle as mulch all holiday trees which are placed at the curbside; from all single-family residences within the city during the period beginning on the first Monday following Christmas and ending on the third Monday in January. :. (6) The permittee, at the permittee's sole expense, shall provide, at a minimum, four free curbside collections of bulky goods per year, on days of the monthselected by the city manager, from all residential units and at designated locations within multifamily units. There shall be no size or weight restrictions except that the permittee shall not be required to remove automobile bodies, materials brought in from other areas or any other items which may not be safely handled by two persons. Bulky goods collected by the permittee may not be landfilled or disposed of until the following hierarchy has been followed by the permittee: a. Reuse as is fif energy efficient). b. Disassemble for reuse or recycling. C. Recycle. d. Disposal. The permittee shall use whatever equipment is necessary for collection providing that a compaction mechanism is not used to compact the bulky goods:' (7) The permittee, at the city's sole option, shall provide upon request refuse collection and recycling services to the following locations within the city, at no additional charge to the city or the entities listed: a. All public facilities (i.e., city hall, city parks, etc.), and b. Any Organization organized under the Model Nonprofit Corporation Act and designated as an exempted organization (i.e., YMCA) as defined by Internal Revenue Code Section 501(c). (8) The permittee shall, at no additional charge, provide on -demand collection of illegally dumped bulky goods within two calendar days of the city's request. The permittee shall Provide this service according to a rotational schedule established by the city manager. (9) The permittee shall exercise all reasonable care and diligence in collecting solid waste, andshall, at the permittee's sole expense, clean out all overflowing bins or waste enclosures within 24 hours of notification by the city. If the situation dictates and with the approval of the city manager, the permittee may charge the property owner for the actual costs of cleanup,_ (10) The permittee shall, at no additional charge, provide at a minimum one container of a size, design and weight as approved by the city manager which is suitable to store all necessary supplies' and equipment that may be needed in the event Gf a disaster to the city and all public schools within the city. The location and number of additional containers shall be determined by the city manager and provided by the permittee based on their proportional sham of residential units as determined by the city manager on the effective date of this chapter and as reviewed and set by the city each year thereafter. Supp. No. 5 CD8:56.3 § 8.16.450 DIAMOND BAR CODE (11) The permittee shall, at;a minimum, offer a 15 percent discount to any individual with a disability, as defined in the title III regulation codified at 28 CFR part 36 (Federal Register Volume 56, Number 144, July 26, 1991). (12) The permittee shall offer a 15 percent senior discount to eaeh single-family resident meeting the eligibility requirements set forth in section 8.16.230 of this chapter. This discount shall be applied upon request to all services provided by the permittee. (13) The permittee shall provide, ata customer's request, manual carryout collection service to any occupant of a single-family unit that is not able to place their containers at the curb due to physical disabilities. The permittee shall provide this service at no additional charge provided that eligibility for this service' can be verified. (14) The permittee shall be responsible, at the permittee's sole expense, for any physical damage caused by the negligent or willful acts or omissions of employees, grantees or subgrantees of the permittee to private or public property. (Ord. No. 02(1996), § 2,'2-6-96) Sec. 8.16.460. Limited permits. (a) Purpose. A limited permit may issued pursuant to this section to persons and/or enterprises engaging in recycling, composting, and construction demolition (C&D) waste handling under contract with a property owner in the city and who are not engaged in the regular collection of refuse in the city. (b) Limited permit required. No person or enterprise shall conduct recycling, composting and C&D waste activities within the city without first obtaining a limited permit. (c) Application for limited permit. An application for a limited permit shall be filed with the city manager and shall include, at a minimum, the following information and be accompanied by an applicationfee as determined by resolution of the city council: (1) Name, address, telephone number of the applicant. (2) The type of recyclable material or waste material to be transported. (3) Satisfactory evidence that the applicant is licensed to handle such materials. (4) Documentation of current comprehensive general liability insurance (occurrence) with a minimum limit of $1,000,000.00 per occurrence: for bodily injury and property damage. (5) Such other pertinent facts or information as the city manager may require including but not limited to evidence of state certification, evidence of previous experience, and demonstration of reliable and safe equipment. (d) Issuance of permits. The city manager may issue a limited permit subject to such conditions as are necessary to protect the public health, safety and welfare and to assure that the permit is exercised for its circumscribed purposes. Applicants 'must as a minimum meet applicable provisions as determined by the city manager. (Ord. No. 01(1998), § 4, 2-3-98) Supp. No. 5 CD8:56.4 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.'i ti TO: Honorable Mayor and Members of the City Council MEETINGDATE: October 5, 1999 REPORT DATE: September 30, 1999 FROM: Terrence L. Belanger, City Manager TITLE: CONSIDERATION OF A CITATION AUTHORITY ORDINANCE AND CIVIL CITATION PROCEDURES. SUMMARY: In June 1999, the City Council began an examination of city code enforcement policies. The Council's desire is to focus more attention on code enforcement activities. A-City Council Subcommittee was formed thereafter to examine current policies and procedures and to suggest modifications where appropriate. The City Council Subcommittee has met with City Staff to review policies and procedures. The current code enforcement policy is to operate- on a "compliant only" or "reactive" basis. It is the recommendation of the Subcommittee to utilize "proactive" code compliance policies incorporating the use of civil citation procedures to gain timely and effective compliance. RECOMMENDATION: It is recommended that the City Council direct staff to prepare all appropriate documents necessary to establish the use of Citation Authority and schedule the matter for the next available City Council meeting, LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolutions _ Bid Specification (on file in City Clerk's Office) X Ordinances Agreements EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X , Yes No by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? X Yes No Which Commission? Planning Commission 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: Public Works Division 'WEDY, Terrence L. Belanger Ja es DeStefano City Manager Deputy City Manag TO: Honorable Mayor and Members of the City Council FROM: Terence L. Belanger, City Manager SUBJECT: Consideration of a Citation Authority Ordinance and Civil- Citation Procedures DATE October 1, 1999 Issue Statement Shall the City utilize Citation Authority as an additional tool to strengthen enforcement of its Codes? , Recommendation It is recommended that the City Council direct staff to prepare all appropriate documents necessary to establish the use of Citation Authority and schedule the matter for the next available City Council meeting. Background Citizen demand for prompt code enforcement often results from being fed up with visible piles of junk or debris on a neighboring property. Property owners and residents are concerned with the quality of life in their respective neighborhoods and protection of the investment they have in their homes. In June 1999, the City Council began an examination of city code enforcement policies. The Council's desire is to focus more attention on code enforcement activities. A City Council Subcommittee was formed thereafter to examine 'current policies and procedures and to suggest modifications where appropriate. The City Council Subcommittee (Mayor Chang and Mayor Pro Tem O'Connor) has met with City Staff to review policies and procedures. The Subcommittee examined code enforcement policies and procedures from a ` variety of local and regional cities to understand' their methods to achieve code compliance. The current code enforcement; policy is to operate on a "compliant only" or "reactive" basis. It is the -recommendation` of the Subcommittee to utilize "proactive" code compliance policies incorporating the use of civil citation procedures to gain timely and effective compliance. Memo to Honorable Mayor and Members of the City Council Page 2 September 30 1999 Currently when a complaint is received, a response by physical investigation is conducted within 24 hours_ Once a complaint has been received, the Code Enforcement Officer will: • Ascertain the nature of the violation_' • Verify the condition on-site. • Initiate a file and assign a case number. • Establish the property ownership. After the Code Enforcement Officer has determined the existence .of a violation, he may assign the case to another, department for code compliance or contact the 'responsbile party using any one of the following methods depending on the seriousness of the violation and the responsiveness of the e violator from previous contact. • Call — May make a phone call to the property owner and/or the person responsible for the violation. • Visit - May visit the residence or business in violation to personally speak with the responsible party. • Letter — May send a standard letter to the violator to explain the nature of the - violation and what the City expects as far as compliance. • Notify — May send a formal notification or letter by certified mail and or first class mail It is likely that under certain circumstances, a violation andlor nuisance may be delegated to another department for abatement (e.g., illegal grading is routinely handled by Public Works). Confirmation of the violations and all attempts and discussions with responsible parties are noted within the case file. A re -inspection is conducted to verify compliance at the given time limit. Non-compliance results in written communication, confirming prior conversations regarding compliance. A "final"time frame for compliance will vary from "immediately" to several months depending on the severity of the violation.` Generally, compliance is requested within ten (10) working days. An inspection is made after the given time limit for compliance. If not resolved, a final request for compliance is mailed. If violation continues to exist, the case is forwarded to the District Attorney for action. Code compliance may also be achieved through the declaration of the violation as a public nuisance. Chapter 10.20 of the Municipal Code outlines the process for removal of abandoned or inoperative vehicles using public nuisance process: Memo to Honorable Mayor and Members of the City Council Page 3 September 30, 1999 Discussion The Draft Civil Citation Procedures, if approved, would implement the proposed Ordinance and Resolution establishing the use of citation authority, procedures, and penalties for violations of the Municipal Code. Several municipalities employ citation authority and authorize their Code Compliance Officers to issue field citations, similar to traffic tickets. Local cities utilizing citation authority include Brea, Chino, Chino Hills, Claremont, Covina, La Puente, Ontario, Pomona, San Dimas, and West Covina, in addition to the County of Los Angeles. A citation for violations of the Municipal Code can be issued by a designated code enforcement official. The Code Enforcement Official must have completed specific penal code training, which is a prerequisite for issuance of citations. Citations will only be issued when the code enforcement official has been unable to obtain compliance through voluntary means and the violation remains unresolved. Appendix VI.! of the Draft Civil Citation Procedures contains a citation schedule for the most common violations of the code. The Civil Citation Procedures contain the implementation process for violations of the city code. A sample civil citation is contained within the Appendix. The schedule of fines and penalties is set forth within the Draft Resolutions and Procedures. Any recipient of a civil citation may contest the violation identified or that he/she is the responsible party. The process involvesi a hearing ;before an Administrative Hearing Officer. The Hearing Officer, who likely would not be a member of the City's Staff, would review the City's issuance of the citation. Since the Hearing Officer is neutral, there is no favoritism to either the City of the other party. After reviewing the evidence form both parties, the administrative hearing officer will then issue a written decision. If the decision is in favor of the City; the City will keep the fine. If the decision is in favor of the party cited, all proceedings against the party must be dismissed and the fine must be returned. The party cited has the right to judicial' review. As proposed, the Ordinance allows the party the opportunity to appeal an adverse administrative decision. Within 29 days after the decision of the Administrative Hearing Officer is served upon the party, he/she may ;seek review by filing an appeal in the Municipal Court. If no appeal is filedwithinthe 20 days, the decision of the Administrative Hearing Officer is deemed final. Memo to HonorableMayor and Members of the City Council Page 4 September 30, 1999 Government Code Section 53069.4 specifically authorizes cities to make any violation of any ordinance punishable by an administrative fine or penalty instead of criminal prosecution. .There are several` advantages to imposing administrative fines instead of filing criminal misdemeanor actions or pursuing public nuisance code violations through the public nuisance abatement process. Pursuant to the attached proposed Administrative Penalty Fee Ordinance, the City receives the administrative fine. The proposed Ordinance is designed to improve the effectiveness of code compliance, reduce the length of time that is currently necessary to abate a public nuisance, and recover a portion' of the costs of the code enforcement program. In addition to the utilization of citation 'authority, it is recommended that code enforcement priority be established targeting "objects" such as inoperative vehicles, junk and debris, or signs placed without proper permits, and "geographic areas where a high incidence of a particular type of violation exists. Prepared by: James DeStefano. Deputy City Manager Attachments BARfl k CIVIL, CITATION PROCEDURES SEPTEMBER 1999 TABLE OF CONTENTS SECTION 1- GOVERNING STATUTE 1.1 GENERAL PURPOSE 1.2 AUTHORITY 1.3 CIVIL CITATION INFORMATION IA AMOUNT OF FINES 1.5 PAYMENT OF THE FINE SECTION 2 - THE HEARING PROCESS 2.1 HEARING REQUEST 2.2 GENERAL APPROACH TO HEARING 2.3 EVIDENCE REQUIRED TO SUSTAIN THE CITY'S CASE 2.4 EXAMINING THE CITATION TO ESTABLISH PRIMA FACIE CASE 25 THE CONTESTING PARTY'S CASE 26 THE DECISION 2.7 LATE PENALTIES 2.8 DISMISSAL OF LATE PENALTIES 29 FINE AMOUNTS , 2.10 PRIOR DISMISSALS/PRECEDENCE 2.11 PRIOR HISTORY OF VIOLATIONS 2.12 DUPLICATE`` CITATIONS a CIVIL CITATION PROCEDURES SEPTEMBER 1999 TABLE OF CONTENTS SECTION 3 — FEARING PROCEDURES 3.1 PRE -HEARING PROCEDURES 3.2 BEGIN THE HEARING 3.3 REVIEW THE PRIMA FACIE CASE 3.4 IF THE PLEA IS: "ADMIT LIABILITY WITH EXPLANATION" 3.5 IF THE PLEA IS: "DENY LIABILITY" 3.6 CLOSE THE HEARING 3.7 RENDER A DECISION . 3.8 SUMMARY OF HEARING OFFICERS MANOR TASKS 3.9 SPECIAL SITUATIONS 3.10 WAIVER OF FINE DEPOSIT 3.11 GUIDELINES FOR ACCEPTING PAYMENT PLANS 3.12 SUMMARY OF HEARING PROCESS SECTION 4 - CONTINUANCES 4`.1 PRE—HEARING CONTINUANCES 42 CONTINUANCES FOR FURTHER PROOF AFTER HEARING COMMENCES 4.3 OTHER CONTINUANCES 4.4 PROCEDURE FOR RECORDING CONTINUANCES SECTION 5 — RIGHT TO JUDICIAL REVIEW , 51 APPEALS a CIVIL CITATION PROCEDURES SEPTEMBER 1999 TABLE OF CONTENTS APPENDIX I - CIVIL CITATIONS ORDINANCE (#99 -XX) APPENDIX II - CIVIL FINES AND PENALTIES RESOLUTION (#99 -XX) APPENDIX III - SAMPLE CIVIL CITATION APPENDIX 'IV - FINE DEPOSIT HARDSHIP WAIVER REQUEST FORM APPENDIX V - ADMINISTRATIVE HEARING REQUEST FORM APPENDIX VI - ADMINISTRATIVE HEARING DISPOSITION FORM APPENDIX 'VII - ADMINISTRATION CITATION SCHEDULE 'RAIP FT CIVIL CITATION PROCEDURES SEPTEMBER 1999 SECTION 1 GOVERNING STATUTE 1.1 GENERAL PURPOSE In October 1999, the City Council approved the Civil Citation Ordinance (No. 99 -XX) which establishes an alternative enforcement tool. The Ordinance allows Municipal Code violations to be processed in a civil manner, thereby providing an efficient code enforcement process and reducing the necessity of a criminal prosecution. 1.2 -AUTHORITY Chapter 1.05 of the Diamond Bar Municipal Code, enacted by the Diamond Bar Council` through Ordinance No. 99 XX, establishes general provisions and regulations providing for a civil citation process to adjudicate violations of the City code. 1.3 CIVIL CITATION INFORMATION A sample of a civil citation is provided in the Appendix. The following guidelines are provided concerning the issuance and the content of administrative citations: A. Whenever an Enforcement Official, as defined by Section 1.05.020 of Ordinance No. 99 -XX, determines that a violation of that provision has occurred, the Enforcement Official shall have the authority to issue a Civil Citation to any person responsible for the violation. B. Each Civil Citation shall contain the following information: 1. Name of the Citee who is charged as a responsible person for, the violation. 2. Date or dates on which the violation existed for which a fine is being charged. 3. Municipal Code section (or sections) violated. 4. Address where the violation occurred. 5. Description of the violation. 6_ Amount of the fine'far the violation and how to pay the fine and avoid a late payment penalty. 7. Placefor indicating Notice of Non -Correction of a continuing violation and date of notice. u t CIVIL CITATION PROCEDURES SEPTEMBER 1999 establishing a sufficient defense by a preponderance of the evidence. If the contesting party proves the defense to the Hearing Officer's satisfaction, the citation would be dismissed. If the contesting party has not presented a credible defense, the contesting party must be found liable and pay the fine. Either the contesting party has adequately proven a defense or the defense has failed. A contesting; party found liable must pay the fine. The Hearing Officer must set out a fine payment, schedule for those who previously obtained fine deposit hardship waivers. Normally, the Hearing Officer will not leave the hearing room while deliberating. The; Hearing Officer's decision isfinalfor the administrative hearing. A written notification of the Hearing Officer's decision will be either given to the contesting party at the end of the hearing or mailed to the contesting party within 30 days of the hearing. B. Rationale for the Finding The Hearing Officer's decision and reason for the decision should be documented on the Administration Disposition Hearing Form. This document together with the evidence package should be returned to the Code Enforcement Section. 2.7 LATE PENALTIES Any fine amount imposed pursuant to Chapter 1.05.060 of Ordinance No. 99 -XX and Resolution No. 99 -XX shall be deemed late if itis not paid in accordance with the terms and provisions of Chapter 1.05.170. Any person who fails to pay to the City the amount of any fine imposed pursuant to the provisions of Chapter 1.05.060 of Ordinance 99 -XX and Resolution No. 99 -XX on or' before the date that fine amount is due shall be liable for the payment of an additional late payment penalty. 2.8 DISMISSAL OF LATE PENALTIES The Hearing Officer has the authority to dismiss late penalties which have accrued, but only in the case that the contesting party has demonstrated by a preponderance of evidence that he or she did not, have notice of the violation (e.g., did not receive the original citation). If the citation reflected an incorrect fine, or if the money paid was not enough to fully satisfy the fine, the possibility of confusion maybe considered as justification for waiving a delinquency penalty. The situation is much more complicated when the contesting party claims that notices went to the wrong address. If the contesting party adequately demonstrates that a lack of notice under these circumstances precludedtimely payment, late penalties may be e ; CIVIL CITATION PROCEDURES SEPTEMBER 1999 dismissed, but only when the contesting party also establishes that the 'ori "nal copy of the citation was not received. The Hearing Officer should be wary of the contesting party who claims not to have seen or received the original citation(s). When such a claim is advanced, the Hearing Officer must assess the contesting party's credibility and powers of recollection. Other situations that the Hearing Officer may encounter include: 1. A lack of funds does not preclude responding in a timely manner. It should be remembered that anyone who is issued a citation is held responsible for paying the fine or contesting the citation in a timely manner. A person who cannot afford advance deposit of the fine can apply for hardship waiver of the fine deposit. 2. A lost citation is not sufficient to mitigate a late payment penalty. 3. A statement that the contesting party did not realize Iiability would increase because he/she responded after the due date may not be accepted for any reduction of the amount due. 4. If a citation is dismissed or the contesting party is found not liable, no delinquency penalty shall be imposed, regardless of the fact that there may have been lateness in the contesting party's response. 5. The best proof of payment is a canceled check, money order, or cashier's receipt, all of which should contain the number of the citation claimed to have been paid. 2.9 FINE AMOUNTS Fine amounts are set only by the City of Diamond Bar pursuant to Resolution No. 99-XK The fact that the same type of violation may "cost" a different amount depending on the month and year that the citation was issued does not give a Hearing Officer the authority to adjust fine amounts to achieve "uniformity.", The violator must be charged the fine amount authorized by the City at the time the citation was issued. However, if the citation reflected an incorrect fine amount, the possibility that the contesting party was confused should be given considerable weight when reviewing the appropriateness of suspending a delinquency penalty. 2.10 PRIOR DISNUSSALS/PRECEDENCE It is possible that a Hearing Officer may discover that's hearing is being held fora citation that has been previously dismissed. Such a case should be dismissed. CIVIL CITATION PROCEDURES SEPTEMBER 1999 With the exception of a prior dismissal of a particular citation, however, a prior decision on a different citation (by any Hearing Officer) does not have the force of precedence, even if the earlier decision was for the same type of violation and under very similar circumstances. Regardless of prior rulings, the Hearing Officer must consider each case on its own merits. A prior dismissal may, after`. all, have resultedfrom an error or been based on a subjective judgement of credibility and/or an analysis of the evidence with which another Hearing Officer might not agree. 2.11 PRIOR HISTORY OF VIOLATIONS The fact that an individual has received other (or similar) citations in the past, or has conceded the validity of prior; citations by making payment, or appealed prior citations, should not be used as a basis to conclude that the contesting party is "liable" in subsequent hearings. The existence of other citations may be relevant to the issue of notice (i.e., an earlier citation at the same location for the same type of violation may weaken a responding party's contention that he/she was unaware of the code requirements): 2.12 DUPLICATE CITATIONS It is the policy of the City of Diamond Bar to dismiss a citation for a non -egregious offense if another citation was issued at the same location, for the same violation, on the same calendar day of the first citation. SECTION 3 - HF.AR.nyG PROCEDURES The purpose of this section is to provide the Hearing Officers) and the department issuing the citation with guidelines and procedures for scheduling and conducting the hearing. 3.1 PRE -HEARING PROCEDURES A. The Code Enforcement Section will prepare a file for each case to be heard. The file must contain a copy of the citation(s) contested and a hearing disposition form. B. Upon the contesting party's' arrival, the Hearing Officer will verify the contesting party's name and the citation number with information provided and note the date, time, and location of the hearing: C. The hearing officer will provide the contesting party a brief description of the hearing process and of his/her rights and responsibilities. 3.2 BEGIN THE HEARING A Start the tape recorder and inform the contesting party of this action. - CIVIL CITATION PROCEDURES SEPTEMBER 1999 B. State the date and time and instruct the contesting party to give hislher name and address for the record. C. Ask the contesting party if he/she is the owner of the location where the violation occurred. If not, ask him/her to state their relationship to the owner or interest in the proceeding. D. If witnesses are present ask them to give their name and address for the record. E. Have the contesting party and witness recite the following oath: "Do you affirm, under penalty of perjury, that the testimony you give will be the truth?" If yes, please say, "I do." F. Excuse all witnesses and inform them that they will be recalled when it is their turn to testify. G. Read the citation number, date, time, location and type of violation into the record. H. Request that the contesting party "admit liability with explanation" or "deny liability" for the record. 3.3 REVIEW THE PRIMA FACIE CASE A. Examine the citation to determine if the statutorily required and pertinent information has been entered by issuing officer. B. If any vital information is missing, dismiss the citation. C. If no required information is missing, follow steps outlined in 3:4 for a plea of "admit liability with explanation" or follow steps outlined in 3.5 for a plea of "deny liability." 3.4 IF THE PLEA IS: "ADAUT LIABILITY WITH EXPLANATION" A. If the contesting party admits liability but . desires to submit a mitigating explanation, ask the contesting party to testify to the mitigating circumstances. B. Following the testimony, ask the contesting party for the record if there is any additional testimony or evidence he/she wishes to present. C. If the testimony does not clearly set forth the mitigating circumstance, ask the contesting party questions relating to the testimony: D. Call in witnesses, if needed, one by one. Ask the witnesses to present their testimony for: the record. ' x CIVIL CITATION PROCEDURES SEPTEMBER 1999 E. Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. F. Ask the contesting party if there is any further testimony prior to closing the ` hearing. 3.5 IF THE PLEA IS: "DENY LIABILITY" A. Ask the contesting party to present his or her testimony explaining the circumstances of the violation. B. Listen very carefully to the contesting party's testimony. If necessary, question .the contesting party to clarify points relating to the issuance of the citation. Following the testimony, ask the contesting party for the record if there is any additional testimony or evidence he/she wishes to present. C. Call in witnesses, one by one. Ask the witnesses to present their testimony for the record. D. Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. E. Ask the contesting party if there is any further testimony or evidence prior to closing the hearing. M CLOSE THE HEARING A. If the Hearing Officer is ready to render a decision,a verbal decision should be tape recorded. B. Retain the hearing disposition form and close the hearing. C. Turn off the recorder and inform the contesting party of this action. 3.7 RENDER ADECISION ` A. Make a decision on liability based on the testimony and evidence. B. Enter the disposition on the hearing decision form. Enter the total amount of fine, if any, to be paid. If a hardship waiver was issued, and the citation is upheld, define a payment schedule. C. Enter a brief written statement including the reasons for the decision on the CIVIL CITATION PROCEDURES SEPTEMBER 1999 After reminding contesting parties of their right to present evidence, and under appropriate circumstances, a continuance may be ' granted to those requesting such action for the first time. Hearing Officers should not engage in a "pre -hearing" to decide this. If there is doubt, grant the continuance. Relevant considerations are: a. The reason(s) the contesting party cannot produce evidence or otherwise adequately state a case at the time of the hearing; b. The likelihood that a continuance will result in ,the production of significant relevant evidence; and C. The sincerity and credibility of the contesting party. 4.2 CONTINUANCES FOR FURTHER PROOF AFTER HEARING COMMENCES Continuances should be granted only under the following circumstances: a. There exists evidence which would be non -cumulative; and b. The contesting party was genuinely taken by surprise. This last requirement rules out all contesting parties except those whom you determine genuinely misunderstood the nature of the hearing, or if they understood,; were not then awareofthe existence or availability of the evidence until they were already in the hearing. A continuance is not to be given to anyone who should have understood the opening instructionsand could have requested a continuance then, even if he or she did not realize that the evidence he or she failed to bring could have helped the contesting party's case. The instructions on the citation and the opening instructions for the hearing are adequate prior notice of the nature of the hearing. 43 OTHER CONTINUANCES Should the contesting party or a witness become ill during a'hearing or another emergency delay the hearing, the Hearing Officer may grant a continuance or re- schedule the hearing. 44 PROCEDURES FOR RECORDING CONTINUANCES Continuances of matters heard on citation should be granted for no more than ten (10) calendar days unless the contesting party proves that he or she'will be out of town, hospitalized or otherwise unable to appear. In this case, a longer period of time may be granted. The matter should be logged' and the continuance notation written on the hearing disposition form. Both the appearance date' and the continuance date should be written on the form. The information required must also be recorded on the tape of APPENDIX I CIVIL CITATION ORDINANCE (#99 -XX) ORDINANCE NO. (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR CERTAIN VIOLATIONS OF THE DIAMOND BAR MUNICIPAL CODE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of Diamond Bar Municipal Code is hereby amended by adding Chapter 1.05 to read as follows: CHAPTER 1.05 ADMINISTRATIVE PENALTIES'— CITATION PROCESS. Section 1.05.010. Scope of Enforcement. (a). Violations' of Municipal Code — No person shall violate any provisions or fail to comply with any of the requirements of this Code. Violations of this Code are punishable in accordance with this Chapter. (b). Administrative Citations Which May Be Treated as Misdemeanors. Any person who violates the same provision, or fails to comply with the same requirement, of any Code section subject to enforcement under this Chapter more than three (3) times within a twelve (12) month period shall be guilty of a misdemeanor for each violation committed thereafter within that same twelve (12) month period. Section 1.05.020. Definitions. The following words and, phrases, when used in the context of this Chapter, shall have the following meanings: (a). Enforcement Official — A person designated by the City Manager as : an Enforcement Official or any member of the Sheriff's Department who is authorized to enforce the provisions of the Diamond Bar Municipal Code. (b). Legal Interest. - Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgement, lien, tax or assessment lien or other similar instrument, which is recorded with the County Recorder. (c). Responsible Person — Any person whom an Enforcement Official determines is responsible for causing or maintaining a violation of the Code. The term "Responsible Person" includes, but is not limited to, a ,property owner, tenant, person with a Legal Interest in real property, or person in possession of real property. Section 1.05.030. Administrative Citation. Any person violating any section of this Code that is subject to this Chapter may be issued an administrative citation by an Enforcement Official as provided in this Chapter. In the case of - violations of the Building, Plumbing or Electrical Codes, an administrative citation shall not be issued until after the responsible person has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so. Section 1.05.040. Content of Administrative Citation. An administrative citation shall contain all of the following information: (a) The date and location of the violation and the approximate time the violation was observed. (b) The Code section violated and a description of how the section was violated. (c) The amount of the fine imposed for the violation, and where and when the fine shall be paid.` (d) An order prohibiting another occurrence of the Code violation. (e) A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a Request for Hearing Form to contest the administrative citation. (f) The name and signature of the citing Enforcement Official. (g) The consequences of failing to correct the violation in the case of Building, Plumbing and Electrical Code violations: Section 1.05.050 Procedure for Serving Administrative Citation. An Enforcement Official may issue an administrative citation, on'a form approved by the City Manager, to a Responsible Person, as follows: (a) If the Responsible Person is an individual, the Enforcement .Official shall attempt to locate the individual and issue to that individual an administrative citation. If the address of the individual is known to the City, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice shall be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (b) If the Responsible Person is a corporation, the Enforcement Official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice- resident, a secretary or assistant secretary,a treasurer or _' assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above, listed individuals is known to the City, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice shall be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. {c) If -the Responsible Person is a business other than a corporation, the Enforcement Official shall attempt to locate the business owner and issue the business owner an administrative citation. If the Enforcement Official can locate only the manager of the business, the administrative citation may be given to the, manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the ` business owner or a Responsible Person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. if a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (d) The Enforcement Official shall attempt to obtain on the administrative citation the signature of the Responsible Person, or, in cases in which the Responsible Person is a corporation or business, the signature of the person served with the administrative citation. If a Responsible Person or person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings. (e) If the Enforcement Official is unable to locate a Responsible Person for the violation, the administrative citation shall be mailed to'the Responsible Person by certified mail, postage prepaid, 'return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (f) If the Enforcement Official does not succeed in serving the Responsible Person personally, or by certified mail or regular mail, the Enforcement Official shall post the administrative citation on any real property within the City in which the City has knowledge that the Responsible Person has a Legal Interest, and such posting shall be deemed effective service. (g) If the Enforcement' Official does' not succeed in serving the Responsible Person personally, by certified mail or regular mail, and the City is not aware that the Responsible Person has a Legal Interest in any real property within the City, the Enforcement Official shall cause the administrative citation to be published once k a week for four successive weeks in a local newspaper published at least once a week. Section 1.05.060 Administrative Fine. The fine 'imposed pursuant to this Article for a particular violation shall be in the amount set forth in the Schedule of Fines and Penalties established by Resolution of the City Council. The Schedule of Fines and Penalties shall specify the amount of any late payment charges imposed for failure to pay the fine by the due date. Section 1.05.070 Payment of Administrative Fine. The administrative fine shall be paid to the City within thirty (30) days from the date of service of the administrative citation. If, after a hearing requested pursuant to Section 1.05.080, the Hearing Officer, determines that the administrative citation should be canceled, the administrative fine shall be refunded. Section 1.05:080. Request for Administrative Hearing. Any Responsible Person to whom an administrative citation is issued may contest the citation no later than thirty (30) days from the date of service of the administrative citation by (1) completing a Request for Hearing Form and returning it to the City; and (2) either depositing the administrative fine with the City or providing notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant to Section 1.05.090. A Request for Hearing` Form' may be obtained from the department specified on the administrative citation. The person requesting the hearing shall be notified by certified mail, return receipt requested, of the time and, place of the hearing at least ten (10) days before the date of the, hearing. Any documentation, other than the administrative citation, which the Enforcement Official has submitted or will submit to the Hearing Officer shall be served on the person requesting the hearing by certified mail, return receipt requested, and via first class mail at least five (5) days before the date of the hearing. Section -1.05.090. Advance Hardship Waiver Deposit. Any Responsible Person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative' fine as required in Section 1.05.070. may file a request for an Advance Deposit Hardship Waiver. The request shall be filed with the Development Services Division on an Advance Deposit Hardship Waiver' application form, available from the department, no later than ten (10) days after service of the administrative citation. The City: Manager or his/her Designee may issue an Advance Deposit Hardship Waiver only if the person requesting the waiver submits to the City Manager or his/her Designee a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction `of the City Manager or his/her ' Designee the person's financial inability'to deposit with the City the full amount of the fine in advance of the hearing. Written proof of financial hardship, at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the Responsible Person is unable to deposit the penalty. The City Manager or his/her Designee shall issue a written decision specifying the reasons for issuing or; not issuing the waiver. The decision shall be served upon the person requesting the waiver by certified mail, return receipt requested. If the City Manager or his/her Designee determines that the waiver is not warranted, the person shall remit the full amount of the fine to the City within ten (10) days of receipt of the City Manager or his/her Designee's written decision, Section 1.05.100. Time for Administrative Hearing. Only after a Request for Hearing Form is filed,and the Responsible Person requesting the hearil has either deposited the administrative fine in full or obtained an Advance Deposit Hardship Waiver, shall the City set the date and time for the Administrative Hearing. The hearing shall be set for a date not less than fifteen (15) days nor' more than sixty (60) days after the Request for Hearing Form is filed, and the administrative fine is deposited with the City ,or an Advance Deposit Hardship Waiver is issued. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing by certified mail, return receipt requested at least ten (10) days before the date of the hearing. Section' 1.05.110. Request for Continuance of Hearing. The Responsible Person requesting a hearing may request one continuance, but in no event` may the hearing begin later than ninety (90) days after the Request for Hearing Form , is filed, and the administrative fine is deposited with the City or an Advance Deposit Hardship Waiver is issued. Section 1.05.120. Appointment of Administrative Hearing Officer. The hearing shall be conducted by an Administrative Hearing Officer appointed by the City Manager to perform such hearings. Section 1.05.130. Procedures at Administrative Hearing. Administrative Hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an Administrative Hearing to establish a violation of the City Code. The administrative citation and any additional reports submitted by the Enforcement Official shall constitute prima facie evidence of the facts contained in those documents. The Administrative" Hearing Officer must use a preponderance of evidence as the standard of evidence in deciding the issues. Section 1.05.140. Failure to Attend Administrative Hearing. The Responsible Person may, attend the hearing in person or in lieu of 'attending may submit written argument and documentation' under penalty, of perjury prior to the time scheduled for the hearing.' If the Responsible Person fails to attend the hearing or, fails to submit arguments in writing, the Administrative` Hearing Officer will render a decision based on the documents that have been received and the Responsible Person will be deemed to have waived his/her right to an Administrative' Hearing. Under those circumstances, the Administrative Hearing Officer may request additional information from either the Responsible Person or the Enforcement Official as may be necessary to render a decision. If service of the Administrative Hearing is made by posting the citation on real property within the City in which the Responsible Person has`a Legal Interest, and the Responsible Person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the Responsible Person's failure to attend the scheduled hearing, the Responsible Person shall be entitled to an Administrative Hearing. Section 1.05.150. Decision of Administrative Hearing Officer. No later than thirty (30) days after the date :on which the Administrative Hearing' concludes, the Administrative Hearing Officer shall issue a written decision to uphold or cancel the administrative citation. The Administrative Hearing Officer shall set forth the reasons for the decision. The decision shall be served upon the Responsible Person by the applicable method set forth in Section 1.05.050. If the Administrative Hearing; Officer upholds the administrative citation, the City shall retain the fine deposited by the Responsible Person. If the Administrative Hearing Officer upholds the administrative citation and the fine has not been deposited pursuant to an Advance Deposit Hardship Waiver, the Administrative Hearing Officer shall specify in the decision a payment schedule for the fine. If the Administrative Hearing Officer cancels the administrative citation, any fine deposited with the City shall be promptly refunded. If the Administrative Hearing Officer determines that the, violation for whichthe citation was issued occurred, but that the Responsible Person has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the penalty schedule, the Administrative Hearing Officer may impose a lesser penalty or no penalty' at all. The Administrative Hearing Officer's written decision is final, and shall notify the Responsible Person of his/her right to appeal as provided in Section 1.05.160. Section 1.05.160. Appeal of Decision of Administrative Hearing` Officer. Within twenty (20) days after service of the decision of the Administrative Hearing Officer upon the Responsible Person, he/she may seek review of the decision` by filing a notice of appeal with the municipal court. The Responsible Person shall serve upon the City Clerk either in person or by first class mail a'copy of the notice of appeal. If the Responsible Person fails to timely file a notice of appeal, the Administrative Hearing Officer's decision shall be deemed confirmed.` Section 1.05.170. Late Payment Charges. Any person who fails to pay to the City on or before the due date an administrative fine imposed pursuant to the provisions of this Chapter, shall be liable for the payment of any applicable late payment charges set forth in the Schedule of Fines and Penalties established by Resolution of the City Council: Section' 1.05.180. Collection of. Administrative Fine. The City may collect any past -due administrative fine or late payment charges by use of any available legal means. Section 1.05.190. Failure to Pay Administrative Fine. Failure to pay an administrative fine is a misdemeanor. In that event, or if the City prevails in an appeal to the municipal court pursuant to Section 1.05.160, and the Responsible Person fails to comply with the final Administrative Order, the City may file a criminal misdemeanor action against the Responsible Person. Filing a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance with the Administrative Order. SECTION 2 The City Clerk is directed to certify to the passage and adoption of the Ordinance and to cause it to be published or posted as required by law. APPENDIX II CIVIL FINES AND PENALTIES RESOLUTION (#99 -XX) City of Diamond Bar Civil Citation/Notice For Municipal Code Violations (Chapter 1.05 D.B.M.0 Date: Time: City Department responsible for the administration of Code Enforcement (21660 E. Copley Drive, Ste.190, Diamond Bat, CA 91765). Requests will Name of Citee: be granted only in unusual circumstances, where fully justified: - D.L. or I.D. of Citee: 2). TO CONTEST: Location of Violation(s): a. Administrative Hearing - You may request an administrative Date of Violation: Time of Violation: hearing to contest that the Municipal Code section(s) referred to was either not violated, was corrected within the period provided, or that Issued as a: you are not a responsible' person for the violation(s). You must obtain Citation Nance of Non -Correction for Continuing Violation an Administrative Hearing Request form from the Department and file it with the Department within 30 days of this citation or Notice of Issued Via: Non -Correction. (For filing instructions, please contact Code Personal Service Posting Location First Class Mail Enforcement at (909) 396-5676). IMPORTANT: You must also DEPOSIT THE AMOUNT OF THE FINE,to the City of Diamond Bar Code Section(s) Violated: when you file your request for a hearing. You may file with the City a request for a waiver of the deposit by proving inability to pay. You will be notified of the time, date and place of your hearing when you file your form with the City. Description of Violation(s); b. The Hearing Officer's decision will either be given to you at the end" of the hearing or mailed to you within 30 days of the hearing. I£ the Hearing Officer finds that you did not commit the code violation(s), you corrected it within the time provided, or you are not the - responsible person for the violation(s), the fine` deposit will be returned to you within 30 days of the decision. If the HearingOfficer finds that you owe the fine for the Municipal Code violation(s), the fine will be retained by City. If the violation(s) is not corrected, you may be cited for each day the condition(s) continues to exist. Amount of Fine: c. If the hearing Officer finds that you owe the fine for the Municipal Name of Officer: , Code violation(s) and you are not satisfied with the decision, you may ' file an appeal with the municipal court within 20 days of being I Have Received this Citation in Person notified of the hearing results. The appeal requires a $25 filing fee be Signature of Citee: paid to the court. THE LAW REQUIRES YOU TO TAKE THE FOLLOWING STEPS IMPORTANT: Payment of all. fines must be made to the City of TO EITHER: Diamond Bar. The violation(s) of the Diamond Bar Municipal Code Section charged in this citation constitutes a nuisance. Unpaid fines and (1) Comply with this citation, or (2) Contest the violation(s) charged. other costs of abatement may, be collected by the City by an assessment and/or lien -against your property pursuant to Government Code Sections (1) TO COMPLY: 38773.1 and 387735 and Diamond Bar Municipal Code. Chapter 1.05. Unpaid assessments can result in the property being sold after three years a. Correct the violation(s) immediately and pay the fine within 30 days by the County Tax Collector. Assessments and liens for the fine can be of the date of this citation or be subject to a late payment penalty. You contested at a separate administrative hearing. may also be cited for additional violations for each day the condition(s) exists after 30 days from the date of this citation. A full description of the procedure for the City's administrative hearings on Municipal Code violations and yourrights in that process is found in (In the case of violations of the Building, Plumbing or Electrical Codes; an Diamond Bar Municipal Code Section '1.05. For further' information about administrative citation shall not be issued until after the Responsible this civil citation/notice, please contact Code Enforcement at (909) 396 - Person has been provided notice and a reasonable opportunity to correct the 5676. violation', and has failed to do so.) Fine amounts not received within the following 30 days will be subject to a late payment penalty. You may also be cited for additional violations for each day the condition(s) exists after 30 days from the date of this citation. You may file a request for an extensioni of the correction period with the APPENDIX IV FINE DEPOSIT HARDSHIP WAIVER REQUEST FORM Name of Citee: Citation Number(s): Date of Citation/Notice: Social Security Number: PhoneNo./Fax No.: Location of Violation: Mailing Address: Date Request Received: Date Results Transmitted: I hereby request a waiver of the fine deposit on my civil citation for the following reasons (if you need more room attach another page): APPENDIX V ADMINISTRATIVE HEARING REQUEST FORM Name of Citee: Citation Number(s): Date of Citation/Notice: Social Security Number: Phone No./Fax No.: Location of Violation: Mailing Address: Date Request Received: `Date Results Transmitted: I hereby request an administrative hearing on my civil citation for the following reasons (if you need more room attach another page): APPENDIX VI ADMINISTRATIVE HEARING DISPOSITION FORM Number of Payments Amount of Each Payment Beginning on (Date) Ending on (Date) Code Section Description of Code Violation Section 1st Offense 2nd Offense 3rd Offense 8.12.1660 Prohibited activities regarding the dumping of any type of $100 $200 $500 chemical, substance, hazardous waste or non- -, ermitted runoff into the City's storm drain. 10.20.010 illegal storage of abandoned, wrecked, dismantled $100 $200 $500 or inoperative vehicles or arts on private or ublic to 15:00.120 Violation of the Uniform Administrative Code. $100- $200 $500 15.00.1330 Inadequate swimming of fencing. $100 $200 $500 " 15.00.2020 Discarded trash, refuse, debris, trash storage receptacles, $100 $200 $500 materials, appliances, equipment in a single-family front yard. 15.00.2030 Motor vehicles, including recreational vehicles, must be $100 $200 $500 parked on a paved parking area to meet single-family standards. 15.00.2040 Buildings, structures & paved areas may not display $100 $200 $500 evidence of exterior dilapidated conditions (Single -Family Standards). 15.00;2050 Single-family landscaped areas must be kept in a neat $100 $200 $500 and clean condition and free of debris. 15.00.2060 Fences and walls must be kept in good structural condition $100 $200 $500 Sin le-Famil Standards). 15.00.2220 Discarded trash, refuse, debris, trash storage receptacles, $100 $200 $500 materials, appliances, equipment in a multi -family front yard. 15.00.2230 No storage of materials restricting the parking of a motor $100 $200 $500 ' vehicle on a multifamily lot. 15.00.2240 Motor vehicles, including recreational vehicles, must be parked $100 $200 $500 - on a paved parking area to meet multifamily standards. 15.00.2250 Buildings, structures & paved areas may not display $100 $200 $500 evidence of exterior dilapidated conditions (Multifamily Standards), 15.00.2260 Multifamily landscaped areas must be kept in a neat and $100 $200 $500 clean condition and free of debris. 15.00.2270 Fences and walls must be kept in good structural condition $100 $200 $500 (Multifamily Standards). 15.00.2280 All parking, loading, storage & driving areas shall be free of $100 - $200 5500 trash, debris & rubba a(Multifamily Standards. 15.00.2420 All storage within front and side yard areas shall be $100 $200 $500 maintained in a neat and orderly fashion (Commercial Standards). 15.00.2430 Motor vehicles, including recreational vehicles, must be parked $100 $200 $500 on a paved parking` area to meet. Commercial Standards. -' 15.00.2440 Buildings, structures & paved areas may not display $100 $200 $500 i evidence of exterior dilapidated conditions (Commercial Standards). 15.00.2450 Commercial landscaped areas must be kept in a neat and $100 $200 $500 clean condition and free of debris. 15.00.2460 Fences and walls must be kepi in good structural condition $100 $200 $500 Commercial Standards). 15.00.2470 All commercial parking, loading and storage areas must be $100 $200 $500 kept free of trash, debris, free of potholes, standing water and cracks. 15.00.2620 All industrial storage areas must be maintained in a neat and $100 $200 $500 orderly fashion and contain only items and for vehicles incidental to the business.. 15.00.2630 All parking of motor vehicles on an industrial lot must occur $100 $200 $500 upon a paved area.. - - 15.00.2640 Buildings, structures & paved areas may not display $100 - $200 $500 evidence of exterior dilapidated conditions (Industrial Standards). 15.00.2650 Industrial landscaped areas must be kept in a neat and $100 $200 $500 clean condition and free of debris. 15.00:2660 Fences and walls must be kept in good structural condition $100 $200 $500 Industrial Standards). 15.00.2670 All industrial parking, loading,storage & driving areas shall be $100 $200° $500 kept free of trash, debris, free of potholes, standing water and cracks. 15.04.020 Lien(s) erected without a valid permit , $100 $200 $500 15.04:080 Postin of prohibited signs $100 $200 $500 22.42.030 Keeping of animals contrary to the provisions in the $100 $200 $500 Municf al Code REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR 16, REGULAR MEETING OF THE BOARD OF DIRECTORS'10 SEPTEMBER 21, 1999 1. CALL TO ORDER: Chairwoman Ansari called the meeting to order at 11:04 .p.m. in the South Coast Air Quality Management.District Auditorium, 21865 E. Copley Drive, Diamond Bar, California ROLL CALL: Agency Members Chang, Herrera, O'Connor Vice Chairman Huff and Chairwoman Ansari: Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Warks Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director, and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/O'Connor moved, VC/Huff seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote with Chair/Ansari abstaining from approval of the Minutes of September 7, 1999. 4 5 6. AYES: AGENCY MEMBERS Chang, Herrera, O'Connor, VC/Huff, Chair/Ansari NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES: 3.1.1 Regular Meeting of August 17, 1999 -As submitted. 3.1.2 Regular Meeting of September 7, 1999 As submitted. PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: 6.1 AWARD OF CONTRACT T4 KOSMOIVT & ASSOCIATES FOR AN ECONOMIC STRATEGIC PLAN - As designated by Council and Members of the Redevelopment Agency, the number one goal on its list of goals and objectives is the preparation of a well -crafted Economic Development Strategic Plain that provides a specific, designed approach to expanding and maintaining a healthy businessclimate well into the next decade. To date, this process has included design of an RFP; recruitment: of qualified Economic Development/Redevelopment Consultants; analysis and rating of submitted proposals; consultant interview; and selection of the most qualified firm to prepare the Plan. Continued to October 5, 1999_ ` DIAMOND BAR REDEVELOPMENT AGENCY RON DATE: 09/28/1999"15:54:32 VOUCHER.REGISTER PAGE., I DUE THRU: 10/05/199 FUND/SECT-ACCT-PRUCT-ACCT PO # INVOICE DESCRIPTION AMOUNT PREPAID DATE CHECK HALL '& FOREMAN 6107110-46411-R0698-46411 07017 0`278 DESGN SVGS-G/SPNG REHAP 7,210.0 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,210.00 TOTAL DILE VENDOR 7,210.00 NORRIS REPrE INC 6107110-46411-80198-46411 7015 0970313 PROF.SVCS-CIP BREA CYN RD 2,932.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,932.50 TOTAL DUE VENDOR 2,932.50 RICHARDS, WATSON & GERSHON 6107110744020-- 9m 10353 LEGAL SVCS-REDEVLPMT AUG 10.05 6107110-44020-- 9008 10354 .00 6107110-44020-- 9008 IT= LEGAL SVGS-REDEVLPMT AUG 1,872.50 TOTAL PREPAIDS .00 TOTAL VMUHERS 1,882.5; TOTAL DUE VENDOR 1,2.55 REPORT TOTAL PREPAIDS .00 REPORT TOTAL VOUCHERS 12,025.05 REPORT TOTAL 1,025.05 ;I I� DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO. 3,3 TO: Terrence L. Belanger, Executive Director MEETING DATE: October 05, 1999 REPORT DATE: September 23,1999 FROM: Linda G. MagnusorFinance Director TITLE: Treasurer's Report ' August 31,1999 SUMMARY: Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the month of August 1999. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report - Public Hearing Notification _ Resolution(s) a Bid Specification (on file in City Clerk's office) _ Ordinance(s) - Other; Agreement(s) 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? N/A _ Yes No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: k-vw� �1 Executive Director Finance Director g DIAMOND BAR REDEVELOPMENT AGENCY REPORT AGENDA NO. MEETING DATE: October 05, 1999 TO: Chairman and Members of the Board FROM: Terrence L. Belanger, Executive Director SUBJECT: Treasurer's Statement -August 31, 1999 ISSUE STATEMENT: Per Agency policy, the Finance Department presents the monthly Treasurer's Statement for the Redevelopment Agency Board's review and approval. RECOMMENDATION: Approve the August 1999 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Board's review and approval is the Treasurer's Statement for the month of August 1999. This statement shows the cash balances for the Redevelopment Agency, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Linda G. Magnuson I. DIAMOND BAR, REDEVELOPMENT AGENCY TREASURER'S MONTHLY CASH STATEMENT August 31,1999; B1NfNG T13AISEiS ENDING b: BAtarE ..lPrs Q®l�si►E1T5 �r=C:�lTD �� sBA1+ E REDEVELOPMENT AGENCY CIP"FD $861,313.63 $3,932.44 $857,381.19 LOW & MOD INCOME HOUSING FD 33,791.58 33,791.58 REDEVELOPMENT DEBT SVC FD 128,478.34 659.30 129,137,64 TOTALS $1,023,583.55 $659:30 $3,932.44 $0.00 $1,020,310 41 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $11,320.79 TOTAL DEMAND DEPOSITS $11,320.79 INVESTMENTS; TIME CERTIFICATES 1,008,989.62 LOCAL AGENCY INVESTMENT FD 0.00 TOTAL INVESTMENTS $1,008,989.62 TOTAL CASH $1,020,310.41 Note: The Redevelopment Agency approved a development and disposition agreement with "Triple T Diamond Gateway, LLC' This agreement requires the Agency to invest $983,040.50 in a Time Certificate of Deposit. The agreemerr provides that the developer guarantee the current LAIF investment yield. L.A.I.F - Effective Yield for July 199& 5.225% Certificate of Deposit Yield (5/17/99-11111/99; 4.550% Terrence L. Belanger, Treasurer , f CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. &I TJ TO: Honorable Mayor and Members of the City Council/ Chairman and Members of the Diamond Bar Redevelopment Agency MEETING DATE: October 5, 1999 REPORT DATE: September 15,1999 FROM: Terrence Belanger TITLE: Award of Contract for an Economic Development Strategic Plan SUMMARY: As designated by the City Council and Members of the Diamond Bar Redevelopment Agency, the number one goal on its list of goals and objectives isthe preparation of a well -crafted Economic Development Strategic Plan that provides a specific, designed approach to expanding and maintaining a healthy business climate In Diamond Bar, well into the next decade. To date, this process has included the design of a Request for Proposal; recruitment of qualified Economic Development/Redevelopment consultants; analysis and rating of submitted proposals; consultant interviews; and selection of the most qualified firm to prepare an Economic Development Strategic Plan. RECOMMENDATION: It is recommended that the Members of the Diamond Bar Redevelopment Agency award a contract for services in the amount of $187,000 to Kosmont and Associates, Inc., and its designated team members (Agajanian & Associates; Urban Design Studios for the r g ), preparation of an Economic Development Strategic Plan. Under the contract, the consulting team will provide background research; strategic evaluation; strategy formation; implementation initiatives; on-site consultation during the plan process; and the production of the final plan document. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification — Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) X Other: RFP; Evaluation Sheet: Kosmont Proposal 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 vote? X 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? Yes X No Report discussed with the following affected departments REVIZWBL 47 Terr nce L—;Belangpn Mike Ison L' City ManagerCommunications and Marketing Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 5, 1999 TO: Honorable Mayor and Members of the City Council/ Chairman and Members of the Diamond Bar Redevelopment Agency FROM: City Manager/Executive Director SUBJECT: Award of Contract for an Economic Development Strategic Plan ISSUE STATEMENT: A top priority for the City Council and Members of the Diamond Bar Redevelopment Agency has been the development of a comprehensive Economic Development Strategic Plan for the City of Diamond Bar and the Diamond Bar Redevelopment Agency. To date, this process has included the design of a Request for Proposal; recruitment of qualified Economic Development/Redevelopment consultants; analysis and rating of submitted proposals; consultant interviews; and selection of the most qualified firm to create an Economic Development Strategic Plan: RECOMMENDATION: It is recommended that the Members of the Diamond Bar Redevelopment Agency award a contract for services in the amount of $187,000 to Kosmont and Associates, Inc. and its designated team members (Agajanian & Associates; Urban Design Studios) for the preparation of an Economic Development Strategic Plan. _ Underthe contract, the consulting firms will provide background research; strategic evaluation; strategy formation; implementation initiatives; on-site consultation during. the plan process; and the production of the final plan document. FINANCIAL SUMMARY: The City will advance $187,000 to the Diamond Bar Redevelopment Agency to fund the preparation of the Economic Development Strategic Plan. The Agency will reimburse the City when tax increment resources become available. BACKGROUND/DISCUSSION: As designated by the City Council and the Members of the Diamond Bar Redevelopment Agency, the number one goal on its list of goals and objectives is the preparation of a well -crafted Economic Development Strategic Plan that provides a specific, designed approach to expanding and maintaining a healthy business climate in Diamond Bar, well into the next decade. Over the past few months, staff, under the direction of the Economic Development Subcommittee, has facilitated a process for the recruitment, review, and selection of a qualified consultant that will be able to successfully complete the project. On May 14 1999 a formal Request for Proposal (Attachment A) was mailed to approximately 20 firms that specialize in economic development s p t and redevelopment activities.: Of these, five companies responded to the request, further indicating their interest by attending a consultant's meeting held on June 3 1999. All five companies submitted proposals, which presented their respective firm's approach and qualifications. The five proposals were reviewed and rated by the Economic Development Subcommittee, and scored accordingly (See sample rating sheet — Attachment B). The rating criteria measured how well the individual firm was suited to accomplish the task, and assessed the qualifications of its selected team members. After the final results were tabulated, all five firms were also asked to participate in individual interviews with the Economic Development Subcommittee. Based on a thorough assessment of five highly qualified consultants, it is the recommendation of the Economic Development Subcommittee that the Members of the Diamond Bar Redevelopment Agency award a contract for the preparation of an Economic Development Strategic Plan to Kosmont and Associates, Inc. If selected by the Agency Members, Kosmont and Associates, Inc., and its designated team members (Agajanian & Associates; Urban Design Studios), will prepare an Economic Development Strategic Plan that will include four primary elements (also see formal proposal — Attachment C); A. A program for attracting new commercial development to the community; B. A program for retaining existing commercial development within the community; C. A program for the rehabilitation of existing retail -commercial centers throughout the City; D. A program to identify, select, and prioritize redevelopment project areas within the City's Economic Revitalization Area: PREPARED BY: Mike Nelson I Ili I it I�' MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: ECONOMIC DEVELOPMENT STRATEGIC PLAN CONSULTANT DATE: OCTOBER 5, 1999 Supplemental Discussion: The firm of Kosmont and Associates is recommended as the consultant to provide the City and Redevelopment Agency with an Economic Development Strategic Plan (EDS Plan). Kosmont will provide services in two phases. Phase One activities will consist of the scope of work contained in the submitted proposal and the outline of work tasks; scope and objectives (attached). Phase Two will include implementation activities over a twelve month period following the approval of the Economic Development Strategic Plan. Kosmont will provide up to one hundred fifty hours of professional services, during the Phase Two time frame, for implementation activities within the scope of the consultant's professional expertise and capability. Comparatively speaking, Kosmont and Associates has provided;a proposal which will provide comprehensive, multi -faceted EDS Plan. The five consulting firms, which responded to the Request for Proposal, were all qualified professional consultants. Each firm incorporated it's own unique approach to the proposed engagement. Two of the firms provided a proposal for EDS Plan preparation; but did not propose implementation services. Three firms proposed both EDS Plan preparation and implementation services. After proposal evaluation and, firm interviews, by the Economic Development Sub - Committee and staff, Kosmont and Associates was !determined to be the firm whose approach to the EDS Plan preparation and implementation was best suited, on the bases of expertise, experience, professionalcapability and cost, to meeting the objectives of the City and Redevelopment Agency. Y3 a N t O ca ca w Fa U _ O' Cl 0 LL. ca ^_ LL U N 4- N CO C a) 0- 0 O N N O a E U ° w-U Y3 _ d E 0 v = d � O O N O U d .y c v `O LO o aGo > a a t e o c N aD Q m f0 E 0 N rn 1a p Q_ C f6 U O O N N C rn 9 N E N O U N N L O` f0 N cm Q p N .L f0 Oaw �C E O U CO ON (Oc Na �� ° c o i 0NUa U'E a)Q p N a) �: y O O O Q O Co W U QON �6 Q=rn� Qm a .i Q E " L O O N pc Q Er p NL OU N m (n Q Q O o Q p O' N VNQ W (D O0- v> o=4 cu —05 —av a. a� � o m o ° . 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