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HomeMy WebLinkAbout9/21/1999Tuesday, September 21, 1999 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 Member Carol Herrera Council Member Bob Huff City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of stats reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title H of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking eating or drinking in the Council Chambers. 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 of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of 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 of the Chair. However, in order to facilitate the meeting, persons who are mterested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks 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 continent on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter arises subsequent to the posting ofthe agenda, upon making certain findings the Council may act on an item that is not on the posted agenda- CONDUCT genda 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 staffthereo4 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 due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting 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. 99-74 Next Ordinance No. 13(1999) 1. CLOSED SESSION: 2. CALL TO ORDER: 6:30 p.m., September 21, 1999 PLEDGE OF ALLEGIANCE: Pacific Drum and Bugle Corps, under the direction of Stuart Pompel INVOCATION: Lorin Neeley, Member of the Church of Jesus Christ of Latter Day Saints, 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 Certificate of Recognition to Pacific Drum and Bugle Corps 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressina the Citv Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - September 23, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - September 28, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - October 5, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. SEPTEMBER 21, 1999 PAGE 2 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of September 7, 1999 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of August 10, 1999 - Receive and file. 6.3 VOUCHER REGISTER - Approve Voucher Register dated September 21, 1999 in the amount of $712,263.97. Requested by: Finance Division 6.4 RESOLUTION NO. 99 -XX: 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 - Proposition A, the ',� cent sales tax for transit, was approved by voters in 1980. Revenues generated through this tax are intended to be used toward development of transit -related programs, which are administered by the L.A. County Metropolitan Transportation Authority (MTA). The City currently has an excess of $1,540,000 in Prop A Funds and has the option of exchanging these funds for General Funds with another local agency to assist in providing transit - related services. The City of Santa Clarita is offering $.71 on the dollar ($262,700). Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX authorizing and approving the 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. Requested by: City Manager 6.5 RESOLUTION NO. 99 -XX: 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 - The Fifty Cycle Local Government Used Oil Opportunity Grant is due to the California Integrated Waste Management Board by October 1, 1999. The Eighth Cycle Household Hazardous Waste (HHW) Grant is due November 1, 1999. These grants will request additional funding to expand the existing used oil collection network and add a component for certain HHW items to fit local demand. The grants would address problems presented by illegal dumping, including adverse effects on human health and the environment. The SEPTEMBER 21, 1999 PAGE 3 grants will expand the number of certified collection centers and augment mobile collection events held in the area. Additionally, public education efforts, a school program and community outreach would be proposed for expansion. The grants would not require any matching funds, and costs to the City would reimbursed through regular (quarterly) reimbursement requests. The City will request up to $134,000 under the Used Oil Opportunity Grant and up to $120,000 under the Household Hazardous Waste Grant. Recommended Action: It is recommended that the City Council adopt Resolution No. 99 -XX Authorizing Submittals of a Fifth Cycle Local Government Used Oil Opportunity Grant and Eighth Cycle Household Hazardous Waste Grant. Requested by: Engineering Division 6.6 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - Resolution No. 91- 72D authorized the Mayor, City Treasurer and the Finance Director to sign City warrants and checks. Resolution No. 91-72E adds the position of Deputy City Manager as an authorized signer of City warrants and checks and temporarily removes the requirement for the Mayor to sign all checks over $10,000. The Resolution will remain in effect until November 30, 1999, at which time, Resolution No. 91-72D will be reinstated. Recommended Action: It is recommended that the City Council adopt Resolution No. 91-72E 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. Requested by: Finance Division 6.7 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 - On September 7, 1999, Council adopted Resolution No. 99-71 creating "l hour Parking, 7:00 a.m. to 4:00 p.m., on School Days, Except by Permit" for Los Cerros Dr. Council also approved first reading of Ordinance No. 11(1999) amending Preferential Parking District No. 1 by adding Los Cerros Dr. In order to lessen the impact of student parking on Los Cerros (southwest of Fern Hollow Dr.), the Traffic & Transportation Commission, on July 8, 1999, recommended approval of installation of said signs SEPTEMBER 21, 1999 PAGE 4 and inclusion of Los Cerros to the D.B. Preferential Parking District No. 1. Recommended Action: It is recommended that the City Council waive full reading and adopt Ordinance No.11 91999) amending the D.B. Preferential parking District no. 1 to include Los Cerros Dr. Requested by: City Manager 6.8 AWARD OF CONTRACT FOR MINUTE SECRETARIAL SERVICES - The City utilizes the services of a contract secretary to transcribe minutes for City Council, Planning, Parks & Recreation and Traffic & Transportation Commissions meetings. In addition, the contract secretary has been transcribing minutes for the Lanterman Developmental Center Forensic Expansion Committee, Tres Hermanos Conservation Authority and the Wildlife Corridor Conservation Authority. These services allow clerical staff more opportunities to effectively handle contact with the public, answer phones, complete agendas, post notices, complete mailings for hearings, and other duties as required. It has been proven that it is more cost effective to utilize the services of an outside Minute Secretary than to have staff prepare minutes. Council previously expressed concern about funds that were being expended to send meeting tapes via overnight mail. That practice has been discontinued since there is no benefit to either party for utilizing overnight mail. At the request of Council, an RFP was prepared and proposals were received from seven individuals/ agencies. After review of the proposals by all Departments, it was unanimously agreed that the City should again extend a three-year contract to Carol A. Dennis for Minute Secretary services effective October 1, 1999. Recommended Action: It is recommended that the City Council award a contract 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 the period October 1, 1999 through June 30, 2000 with a one- year renewal option for the City. Requested by: City Clerk 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard - None. SEPTEMBER 21, 1999 PAGE 5 8. OLD BUSINESS: 8.1 RESOLUTION NO. 99 -XX: 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 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 is now the 5th 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 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 26, 1999, the City received FCC Form 394 "An AtDblication fuer Franchi sP Anthnri 1-v C'nncant fr) Assignment or Transfer of Cc Franchise." A cable transfer either approved or denied t (City) within 120 days of z (August 23, 1999). Within reviewed the financial, qualifications of the new cor and Century agreed to an addi the City's review (September 2' Committee has net twice with discuss the transfer. Adelph corporate intent to accelerat two years and create a Califo year. ntrol of Cable Television request must be acted upon, 1 the Franchise Authority eceipt of the Application the timeframe, the City legal and technical trolling entity. Adelphia tional two-week period for 2). The Council Cable Sub- Adelphia/Century staff to .a has provided a letter of .on of the cable upgrade by -nia r;;11 cPni-er within nnP Recommended Action: It is recommended that the City Council 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 authorize the Mayor to sign all necessary documents. Requested by: City Manager 8.2 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 SEPTEMBER 21, 1999 PAGE 6 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 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%, 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. Recommended Action: It is recommended that the City Council re -introduce for first reading by title only and waive full reading of Ordinance No. 0X(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. Requested by: Engineering Division 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 cost of $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. Recommended Action: It is recommended that the City Council 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. (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 SEPTEMBER 21, 1999 PAGE 7 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. Recommended Action: It is recommended that the City Council 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. Requested by: Community Services Division 8.4 DISCUSSION OF STATUS OF LANTERMAN DEVELOPMENT CENTER'S PROPOSED FORENSIC CONFINEMENT COMPOUND PROJECT. Requested by: City Council 8.5 PROPOSED FORMATION OF WATER POLICY SUB -COMMITTEE. Recommended Action: It is recommended that the City Council establish a Water Policy Sub -Committee and appoint members. Requested by: City Council 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 a representative of the of the City of Diamond annually; "(iii) Five (5) members be residents of the City City Council; and the Board of Directors shall be Parks and Recreation Commission Bar appointed by the Commission of the Board of Directors shall of Diamond Bar appointed by the "(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, and one member repre- SEPTEMBER 21, 1999 PAGE 8 senting other service 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 meting duly called and noticed for this purpose." Recommended Action: It is recommended that the City Council appoint Directors to the Diamond Bar Community Foundation as appropriate. Requested by: City Manager 8.7 CONSIDERATION OF STREET TREE PROGRAM - a) Median Tree Planting - To plant 543 trees on landscaped medians on D.B. Blvd. And Grand Ave. at a cost of $95,025. Funds are available in L.L.M.D. 438. Recommended Action: It is recommended that the City Council 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. b) Species Replacement Program - to replace Canary Island Pines, Brisbane Box and Jacaranda trees along the major arterials because of the damage these trees do to the hardscape. Canary Island Pines will be removed and replaced during a 15 -year phased program. A variety of flowering trees will be used as replacements. Brisbane Box will be replaced through attrition and Tristania Laurina and Jacaranda trees will be replaced through attrition with Chinese Fringe. Trees that will be planted will all be sized as 24" box. Average annual cost for the phased 15 -year plan will be approximately $10,000. First year cost will include removal of raised tree well covers, removal of up to 30 hazardous trees and planting replacement trees. Total first year cost is expected to be $20,325. Recommended Action: It is recommended that the City Council approve the proposed 15 -year species replacement plan with a first year cost of $20,325 for removal of 30 SEPTEMBER 21, 1999 PAGE 9 Canary Island Pines, planting of 30 Crape Myrtle trees on Golden Springs between the 57 Fwy. overcrossing and the western City Limits and removal of 435 tree well covers. It is further recommended that the City Council allocate $20,325 from General Fund reserves to fund this work. Finally, it is recommended that the City Council authorize the City Manager to execute the purchase orders necessary for West Coasts Arborists to remove 30 Canary Island Pines and plant 30 Crape Myrtle trees in the amount of an additional $9,450 to their existing on-call tree planting project and for Charles Abbott Assoc., to remove 435 tree well covers in the amount of an additional $10,875 to their existing Public Works contract. Requested by: Community Services Division 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA99-09 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members 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: 3.1.1 Regular Meeting of August 17, 1999 - Approve as submitted. 3.1.2 Regular Meeting of September 7, 1999 - Approve as submitted. Requested by: Agency Secretary SEPTEMBER 21, 1999 PAGE 10 4. PUBLIC HEARINGS: None S. OLD BUSINESS: None 10 NEW BUSINESS: None 6.1 AWARD OF CONTRACT TO KOSMONT & 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 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. Recommended Action: It is recommended that the Redevelopment Agency Board of Directors award a contract to Kosmont and 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 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 MEETING: 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: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: l ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: 6'o I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: LILL PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ignature ,-/ 'TO `R(''0: ADLiESS: OR(' -:ANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK L. �%0C1, " M�)DATE. . C� I Z I � I C1 PHONE: AGF`VDA #/SUBJECT: 2. _ �^ ate~V''ro.� C a S< r,, C'� v► A—S 4 alit v1 Y• V I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. S, ture Lu TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK -ll - 7 DATE: } AGENDA #/SUBJECT: Y- "�-- PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK AGENDA #/SUBJECT: DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �✓f>' r/ DATE: ADDRESS: PHONE: ORGANIZATION: - AGENDA #/SUBJECT: � I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK j FROM: �� 1� �� DATE: KZ, ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature CITY OF DIAMOND BAR "QUICK CAP" MINUTES SEPTEMBER 21, 1999 1. CLOSED SESSION: None 2. CALL TO ORDER: 6:41 p.m., September 21, 1999 PLEDGE OF ALLEGIANCE: Pacific Crest Drum and Bugle Corps, under the direction of Stuart Pompel INVOCATION: Lorin Neeley, Member of the Church of Jesus Christ of Latter Day Saints, 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; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Belanger requested that items 8.7a 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 - complained again about door hangers—wants the City to stop this type of advertising. Clyde Hennessee - re 6.5 - Concerned about the grant money going someplace else and that residents will still be charged for bulky item or hazardous waste pickups. Asked why each member of the City Council belongs to the Chamber of Commerce. Jeff Koontz, Exec. Dir., D.B. Chamber of Commerce - announced candidate's forum on 10/18 at the AQMD. Three of the four candidates have agreed to participate. Announced the Chamber's Business Expo and Job Fair on 10/23—Allstate Insurance will be recruiting for new employees for their new call -center in D.B. Sue Sisk - Thanked Council and community members for their support in the anti -Lanterman efforts. Kathy Penn - Pointed out several occasions in which, in her opinion, members of the City Council had acted in a manner which was not helpful to the community. SEPTEMBER 21, 1999 PAGE 2 5. SCHEDULE OF FUTURE EVENTS: 5.1 DIAMOND BAR DAY AT THE L.A. COUNTY FAIR - September 22, 1999 - Pomona Fairplex. 5.2 PARKS & RECREATION COMMISSION - September 23, 1999 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - September 28, 1999 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - October 5, 1999 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Ansari, seconded by C/Herrera to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote. 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 and two items on the Wells Fargo Bank Credit Card 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 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. 6.6 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 SEPTEMBER 21, 1999 PAGE 3 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 91999) amending the D.B. Preferential parking District no. 1 to include Los Cerros Dr. 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 the 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 CITY 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 is now the 5th 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 1.2 million customers. Their business operations include cable television; competitive local exchange telephone services; high speed Internet access; long u-LbL d11C security. On April 2 394 - "'An Application Assignment or Transf, Franchise." A cable i either approved or < (City) within 120 dE (August 23, 1999). reviewed the fin qualifications of the and Century agreed tc the City's review (Se] Committee has net tw discuss the transfer. corporate intent to a two years and create year. >, 1999, the City received FCC Form for Franchise Authority Consent to �r of Control of Cable Television ransfer request must be acted upon, enied by the Franchise Authority ys of receipt of the Application Within the timeframe, the City uncial, legal and technical new controlling entity. Adelphia an additional two-week period for Member 22). The Council Cable Sub- .ce with Adelphia/Century staff to Adelphia has provided a letter of ::celeration of the cable upgrade by a California call center within one SEPTEMBER 21, 1999 PAGE 4 Pennie Contos, Regional Manager, Adelphia - assured that the relocation of a call center would be one of her primary tasks. At the request of M/Chang, Capt. Richard Martinez spoke re wounding of Deputy John Burton, a Walnut Sheriff Deputy in Rowland Heights this past weekend - announced that the Deputy is recovering very well. Clyde Hennessee - Complained that Century Communications has not responded to their customers as rapidly as Jones Intercable used to. Are rates going to be raised again? C/Ansari stated that she had met with the President of Adelphia some time ago and she was assured that the customer service quality would increase with the transfer from Century to Adelphia. In response to C/O'Connor, CM/Belanger pointed out that the City has not authority over cable TV rates under federal law. Ms. Contos - The transfer will have no impact on the rates. Moved by M/Chang, seconded by C/Ansari 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 authorize the Mayor to sign all necessary documents. Motion carried 5-0 by Roll Call vote. 8.2 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 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 SEPTEMBER 21, 1999 PAGE 5 requirements designed to allow the City to meet the AB 939 diversion mandate of 50o 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 500, 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. Clyde Hennessee - Dave Reynolds - Don Gravdahl - Dean Ruffridge, Waste Management - With the revised Ordinance, Waste Mgmt. is ready to provide services to D.B. Jeff Duhamel, Valley Vista Disposal - Paul Pistono, Athens Services - Moved by M/Chang, to re -introduce for first reading by title only and waive full reading of Ordinance No. 0X(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, etc. Motion died for lack of a second. Moved by MPT/O'Connor, seconded by C/Ansari to re- introduce for first reading by title only and waive full reading of Ordinance No. 0X(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. Motion carried 5-0 by Roll Call vote. 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 cost of $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 SEPTEMBER 21, 1999 PAGE 6 $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. Moved by MPT/O'Connor, seconded by C/Ansari 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 5-0 by Roll Call vote. (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. Moved by C/Ansari, seconded by C/Herrera 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 5-0 by Roll Call vote. 8.3 DISCUSSION OF STATUS OF LANTERMAN DEVELOPMENT CENTER'S PROPOSED FORENSIC CONFINEMENT COMPOUND PROJECT - MPT/O'Connor recused herself from discussion of this matter. CM/Belanger announced that a Letter of Recission had been received from the State dated September 17, 1999. The State has indicated, however, 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. Joseph Farrell - Darla Farrell - Dr. Rhodes - SEPTEMBER 21, 1999 PAGE 7 Clyde Hennessee - Jennifer Hoey - Don Gravdahl - Kathy Penn - Jeff Koontz - 8.5 PROPOSED FORMATION.OF WATER POLICY SUB -COMMITTEE. C/Ansari - proposed committee and volunteered for membership. Clyde Hennessee - Moved by C/Herrera, seconded by M/Chang to establish a Water Policy Sub -Committee and appoint C/Ansari. Motion carried 4-1 (C/Huff voted no). 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 appointed by the Commission annually; (ANNETTE FINNERTY ALREADY APPOINTED) "(iii) Five (5) members of the Board of 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, and one member repre- senting other service 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, SEPTEMBER 21, 1999 PAGE 8 regular or special meting duly called and noticed for this purpose." Jeff Koontz - Clyde Hennessee - M/Chang appointed MPT/O'Connor (term expires 12/99). 8.7 CONSIDERATION OF STREET TREE PROGRAM - a) Median Tree Planting - To plant 543 trees on landscaped medians on D.B. Blvd. And Grand Ave. at a cost of $95,025. Funds are available in L.L.M.D. 438. Dr. Rhodes - Clyde Hennessee - Moved by C/Huff, seconded by C/Ansari 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 ($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 5-0 by Roll Call vote. b) Species Replacement Program - to replace Canary Island Pines, Brisbane Box and Jacaranda trees along the major arterials because of the damage these trees do to the hardscape. Canary Island Pines will be removed and replaced during a 15 -year phased program. A variety of flowering trees will be used as replacements. Brisbane Box will be replaced through attrition and Tristania Laurina and Jacaranda trees will be replaced through attrition with Chinese Fringe. Trees that will be planted will all be sized as 24" box. Average annual cost for the phased 15 -year plan will be approximately $10,000. First year cost will include removal of raised tree well covers, removal of up to 30 hazardous trees and planting replacement trees. Total first year cost is expected to be $20,325 - Continued to October 5, 1999. 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY 11;05 p.m. Next Resolution No. RA99-09 SEPTEMBER 21, 1999 PAGE 9 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC Huff and Chair/Ansari. Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director and Lynda Burgess, Agency Secretary.. 2. PUBLIC COMMENTS: None. 3. CONSENT CALENDAR: Moved by AM/O'Connor, seconded by AM/Huff to approve the Consent Calendar. (Chair/Ansari abstained from voting on Minutes of September 7, 1999. Motion carried 5-0 by Roll Call vote. 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. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 6.1 AWARD OF CONTRACT TO KOSMONT & 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 Plan that provides a specific, designed approach to expanding and maintain- ing 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 - Continued to 10/5/99. 7. AGENCY MEMBER COUNTS: 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. SEPTEMBER 21, 1999 PAGE 10 RECONVENE CITY COUNCIL MEETING: 11:07 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COWIENTS: 12. ADJOURNMENT: 11:35 p.m. key�%eel a (;.1 ORDINANCE NO. XX (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 definition 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 divertina 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 (f4 (g), to read as follows: (a) A permittee shall, at a minimum, provide a 64 448 -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 the permittee's 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, tips a permittee shall provide an automated standardized container capable of storing no less than a-maa�i of 64 gallons of acceptable comminaled recyclables 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) Tpe 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. Permittee. However, barrel -served customers can opt to purchase their containers from tis a Permittee, with a subsequent discounting_of the monthly rate (f) No tenant lessee or occupant shall knowingly dispose of anv recyclable material as defined by this chapter unless such material is not collected by a permittee 14) 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 rnav be amended from time to time, or as specrrred by use Perri* or other entitlement for use In addition the container lids shall be kept dosed at afl Mmes to avoid the propaaation 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 knowincily 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 reauirernent of subsection (p) a A permitteey-at4h4wq9m#tee•'e shall collect or provide for the collection for up to 15 gallons or 125 pounds of select household hazardous waste (HHIM per annum per household on a fee for aw service basis. The HHW shall only include used motor oil water based paint..car and household batteries, and anti -freeze follows: SECTION 5: 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 ssrPestable 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 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, 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: The permittee shall provide the following specific services as described in subsections (1) through 04) 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) The permittee shall implement by January 1 2000 for all single-family residential minimum of 10% post -consumer content plastic and sha/I be available in capacities ranoina from 35 gallons to a maximum of 100 -gallons cawaeitar- Off aiMth* f0aYoi4 of roi1�RtC a -M—"- -02-. c a e s 26 u a ®uei�-te 64 ealloR saaae�r. Additional refuse containers will be provided upon request of the resident at a surcharge as described in subsection 16 (16) The permittee shall implement incentive -based rate structures for both residential and commercial sectors by January 1 2000 based on the "pay as you throw" waste prevention agoroach For the residential single-family units (i.e., barrel - gallons capacity, in accordance with Section 8 16 230 (a) Collection Charge A different container (i.e. 100 -gallons or 35-0.8/Ions capacityZ can be supplied upon request of a resident at a monthly rate that shall incomorate a differential of no less than plus or minus 20% respectively of the monthly rate for a 64 -Callon container. ,er4e.a IDY 1149,. The resident may reauest additional refuse containers of anv standard size However, such containers would be subject to a surcharge to be determined by the permittee and aporoval of the Citv Manager but which may not be less than the aforementioned 20% step increase per container. For commercial units (i.e., bin -served units) the permittee shall develop an incentive -based rate structure that is subiect to City Manager approval and that meets the requirements of Section 8 16 230 (a) Collection charge with wheels and lid. Additional recycling containers will be provided if needed on a complimentary basis upon request of the resident (18) The 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 confirmation that the resident has participated in a City -sponsored home. composting seminar. (19) The permittee must provide cost -competitive multi -family residential unit recycling systems to any owner/manager of multifamily residential customer complexes. Such systems require the approval of the City Manager. (20) The 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 '1999. 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 _ 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 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 endingverification of the absence of acceptable yard waste in the refuse container and confirmation that the resident has Participated in a City -sponsored home composting seminar. (19) The 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) The 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 thisday of , 1999, and was finally passed at a regular meeting of the City Council of th.e_ 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 MINUTES OF THE CITY COUNCIL O REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 7, 1999 CLOSED SESSION: None 2. CALL TO ORDER: Mayor Chang called the City Council meeting to order at 6:42 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Herrera, Huff, Mayor ProTem O'Connor and Mayor Chang. Council Member Ansari was excused. Also present were: Terrence L. Belanger, City Manager; Craig Steele, Assistant City Attorney, James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services 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 Ed Beiderman, former Executive Director of the Walnut Valley Water District. INVOCATION: Ahmad H. Sakr, Ph.D, Director of the Islamic Education Center gave The Invocation. APPROVAL OF AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Jason Craig, Participant in the Presidential Classroom Scholars Program. 3.2 Presented Certificate of Recognition to Asian Liaison Deputy Thanh Ly, L.A. County Sheriff. 3.3 Acting Captain Lt. Yim, L.A. County Sheriff, introduced Deputy John Chun, the City's new Asian Liaison Officer. 3.4 Proclaimed September 1999 as "Food Safety Education Month." 4. PUBLIC COMMENTS: Ed Beiderman, 20259 Lake Canyon Dr., Walnut, former Executive Director of the Walnut Valley Water District and elected Director of Three Valleys Municipal Water District, explained the purpose and function of the organization. Dave Reynolds reminded Council that the SCAQMD and Holiday Inn slopes need attention and expressed concern about the beauty of the community and asked for the Council's assistance in getting these areas improved. He also indicated that the SEPTEMBER 7, 1999 PAGE 2 CITY COUNCIL planter area in front of Jack-in-the-Box located near the Hollywood Video/Starbucks store is an eyesore. The Peterson Park grass needs attention as well. Don Gravdahl reminded residents about the website put together by several D.B. residents to notify concerned persons about all non-profit events in the City - DBARNOW.COM. He asked that each Council Member submit weekly articles on a rotational basis to inform the community about the City's happenings. Jeff Koontz, Chamber of Commerce Executive Director, announced the following upcoming Chamber events: L.A. Fitness Grand Opening - September 11; Mixer - September 14, Best Western; Network Breakfast - September 16; Tax discussion with the IRS and Department of Labor - September 28; Candidate's Forum - October 18; Walnut Unified School District Mixer - October 21; D.B. Business Expo (Kmart Center) - October 23, Budgeting Inventory and Loans - October 26. He gave residents the address for Ralph's President Sam Duncan and asked them to write letters encouraging the company to do something about filling the vacant store located in the Country Hills Towne Centre. Sue Sisk commended Dave Reynolds for his comments this evening. She suggested staff contact Chino Hills regarding how to take care of the grass in our parks. She gave an overview of the types of information available on the DBARNOW website regarding the proposed Lanterman Forensic Expansion Project. The committee feels that contact should now be made with local and regional governmental agencies such as the League of Cities, Southern Council of Governments, etc. Martha Bruske asked how many people in D.B. have access to the Internet. She expressed concern about Council submitting articles for this website. Dr. Lawrence Rhodes spoke about the negative features of certain species of trees including the Eucalyptus, Olive and several of the flowering oriental trees and the lack of water. He said he was told by some Council Members that items of concern expressed during Public Comments would be placed on a future agenda for discussion. He said he is preparing a lawsuit against the Pomona Humane Society which may involve the City of D.B. Mary Wehmeier, 404 N. Rock River Dr., founder and CEO of a high tech computer firm serving American On -Line and Compu-Serve spoke about her concern regarding basic discrimination of equal access to service by GTE in the area of the City in which she resides. She has been working with GTE for the past nine months to get DSL into her neighborhood, which will allow her to telecommute from her home with her provider employers. GTE recently informed her that they are not now or ever planning to install DSL in her area. Residents in other areas of D.B. are currently provided with this service. She has filed a complaint with the PUC and asked for Council's help with this matter. SEPTEMBER 7, 1999 5. Q PAGE 3 CITY COUNCIL MPT/O'Connor said she was previously contacted by another resident about this problem and forwarded the matter on to the City Manager for handling. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - September 9, 1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - September 14, 1999 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 FOUR CORNERS TRANSPORTATION POLICY GROUP ROUND TABLE DISCUSSION OF REGIONAL TRANSPORTATION STUDY - September 20, 1999, 9:30 -11:30 a.m., SCAQMD Room CC -2. 5.4 CITY COUNCIL MEETING - September 21, 1999 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 SMALL BUSINESS SEMINAR - "TAXING ISSUES WITH THE IRS" - September 28, 1999. CONSENT CALENDAR: MPT/O'Connor moved, C/Huff seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.1 APPROVED MINUTES: 6.1.1 Study Session of August 17, 1999 -As submitted. 6.1.2 Regular Meeting of August 17, 1999 -As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of July 27, 1999. 6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of July 22, 1999. 6.4 APPROVED VOUCHER REGISTER - dated September 7, 1999 in the amount of $954,557.71. Change Brahma Boosters warrant for $700. to D. B. H. S. Band. MPT/O'Connor recused herself from approval of P.O. 9005 - $220; C8840 - $6,469.04; P.O. 7839 - $1,989; Invoice 102349 - $350.50; C9085 - $11,450, and P.O. 9179 - $39,025.31 for a total of $59,503.85 relating to the SEPTEMBER 7, 1999 PAGE 4 CITY COUNCIL proposed Lanterman Forensic Expansion Project. 6.5 REVIEWED & APPROVED TREASURER'S STATEMENT - for July 1999. 6.6 APPROVED NOTICE OF COMPLETION FOR THE MEADOWGLEN ROAD PUBLIC STREET IMPROVEMENTS PROJECT - accepted the work performed by Gentry Brothers Inc. and authorized the City Clerk to file the Notice of Completion and release any retention amounts thirty-five (35) days after the recordation date. 6.7 APPROVED NOTICE OF COMPLETION FOR THE 1998-1999 CDBG HANDICAP ACCESS RAMPS - accepted the work performed by JDC, Inc. and authorized the City Clerk to file the Notice of Completion and release any retention amounts thirty-five (35) days after the recordation date. 6.8 EXONERATED CASH DEPOSIT GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 2582 Steeplechase Lane in the amount of $1,800 posted with the City on August 27, 1996 and directed the City Clerk to notify the Principal and Surety of this action. 6.9 APPROVED FY 1998-99 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT - in the amount of $758,272.60, and authorized the necessary adjustment to the FY 1999-2000 Municipal Budget. 6.10 ADOPTED RESOLUTION NO. 99-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF A RED CURB AT THE NORTHEASTERLY CURB RETURN ON SUNSET CROSSING ROAD AT TELLGATE DRIVE. 6.11 (a) ADOPTED RESOLUTION NO. 99-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF " 1 HOUR PARKING 7 A.M. TO 4 P.M. SCHOOL DAYS" SIGNS ON LOS CERROS DRIVE. (b) APPROVED FIRST 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 and waived full reading. 6.12 (a) AWARDED CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA CANYON ROAD/SILVER BULLET DRIVE, LEMON AVENUE/LYCOMING STREET, GOLDEN SPRINGS DRIVE/RAPIDVIEW DRIVE AND DIAMOND BAR BOULEVARD/SR 57 ON-RAMP - to Macadee Electrical Construction SEPTEMBER 7, 1999 PAGE 5 CITY COUNCIL and authorized a contingency amount of $30,000 for project change orders to be approved by the City Manager, for a total authorization amount of $329,969. (b) AWARDED CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES FOR TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF BREA CANYON ROAD/SILVER BULLET DRIVE, LEMON AVENUE/LYCOMING STREET, GOLDEN SPRINGS DRIVE/ RAPIDVIEW DRIVE AND DIAMOND BAR BOULEVARD/SR 57 ON-RAMP - to Warren Siecke in an amount not to exceed $32,000 and authorized a contingency amount of $12,000 for project change orders (additional inspection time of design time for CalTrans resolution) to be approved by the City Manager, for a total authorization of $44,000. 6.13 (a) AWARDED CONSTRUCTION CONTRACT FOR THE GOLDEN SPRINGS DRIVE/LEMON AVENUE STREET REHABILITATION AND MEDIAN IMPROVEMENTS PROJECT - to Excel Paving in an amount not to exceed $2,054,921.20 and authorized a contingency amount of $71,000 for project change orders to be approved by the City Manager, for a total authorization amount of $2,125,921.20. (b) AWARDED CONTRACT FOR CONSTRUCTION ADMINISTRATION/ INSPECTION SERVICES FOR THE GOLDEN SPRINGS DRIVE/LEMON AVENUE STREET REHABILITATION AND MEDIAN IMPROVEMENTS PROJECT - to Dewan, Lundin & Associates in an amount not to exceed $32,520 and provided a contingency amount of $3,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $35,520. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 FIRST READING 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 ordinance addresses the principal concerns of the City with regard to maintaining the competitive nature of the existing waste management system SEPTEMBER 7, 1999 PAGE 6 CITY COUNCIL while creating significant incentives and requirements designed to allow the City to meet the AB 939 diversion mandate of 50% by year 2000. 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 $10,000 per day. J. Michael Huls, Waste Management Consultant, presented staffs report and answered Council questions. Dean Ruffridge, Waste Management Co. and member of the Solid Waste Task Force, spoke about the community and hauler participation in the program. He believed the spirit of the Task Force revolved around limiting what is thrown away and getting away from unlimited set outs at curbside. He did not feel that Item 6 in Section 6 is in keeping with that spirit. He pointed out areas of concern within the proposed document. He stated reasons why he disagreed with the large percentages in Items 16, 17 and 18 on Page 3. Martha Bruske said there is nothing contained within the resolution that indicates the Council is interested in improving the appearance of the City. There is no reference to a Property Maintenance Ordinance. She asked Council to state in writing that container lids must be closed in order to keep debris from blowing out of the container and contaminating the City. She expressed opposition to a three 90 -Ib. can system. She would like Council to take a more active role in involving the residents. Paul Pistono, Athens Disposal Services, expressed concern that the proposed Ordinance does not state that MRFing is allowed. Policing would not be necessary with a two -barrel system because recyclables go in the same barrel as the trash. CWBelanger stated that the City is looking for a green waste disposal program and a way to recycle. MRFing provides for recycling. The Ordinance was changed from its original draft form to accommodate both two -barrel and three -barrel systems. Dave Reynolds disagreed with Mrs. Bruske and believed the Council had been very proactive in this matter; that the Ordinance prepared by Mr. Huls accurately states what was stated by the Solid Waste Task Force members and the input from the public forum outside of bulky items and hazardous waste material pickup. He appreciated MPT/O'Connors comments regarding the fact that this Ordinance is getting away from the spirit of "pay as you throw" if bulky item pickups are included. The reason that a three - barrel system is included in the Ordinance is because that was the SEPTEMBER 7, 1999 PAGE 7 CITY COUNCIL overwhelming response received from the Task Force. He believed a two - barrel system destroys incentives and decreases the value of the recyclables. Further, he did not believe the City would achieve the type of diversion rates through a two -barrel system versus a three -barrel system. He pointed out that cities with three -barrel systems look a lot nicer than D.B.'s with the system that is currently in place. Details of how a system will be operated is through the haulers outreach and education efforts and not through an ordinance. Dr. Lawrence Rhodes asked how to dispose of certain types of items. Don Gravdahl said that the proposed increase in pickup prices does not provide an incentive for residents. He believed the program should include participation by commercial and multi -family residential to help defer costs and reach compliance. Mr. Huls stated that there are a variety of provisions in the existing Code which address aspects such as closed/open lids, where things are stored, when they are put out and when they are taken in. The existing ordinance does not specifically state that the lids are to be closed because the City has a semi -automated system which provides for both open and closed containers. This can be considered an operational matter and made a requirement of the permit issued to the hauler or it can be added in as a specific provision. Pet droppings, chicken parts containing fresh blood and bandages that contain blood droppings as well as other food wastes go into the trash as exempted by state law. Regarding disabled persons, the matter can be handled in the ordinance or as an operational item requiring that, as a part of the permit, such systems be in place and continued in their current form. ACA/Steele indicated that the matter can be handled either way. However, the preferred method is to leave it as a contractual matter between the hauler and the customer so that the City is not in an overly burdensome enforcement situation. MPT/O'Connor reiterated her concern about determining a program prior to having pricing available. Responding to C/Herrera, J. Michael Huls stated that the language regarding hazardous waste was inserted into the Ordinance to address an area of concern. The household hazardous waste is a function that residents currently pay for in disposal costs at the rate of $0.56 per ton. Because the roundup occurs only one time annually, concerns have been expressed that this program should be offered on a more frequent basis. The cost of this program is approximately $75 to $125 per household per pickup and is limited to 15 gallons/125 pounds. The bulky item program is a very SEPTEMBER 7, 1999 PAGE 8 CITY COUNCIL expensive component and it may be best to offer it on the basis of need and not on a regular fixed basis. C/Herrera expressed concern about adding items that will result in additional costs to the residents. CM/Belanger asked for a definition of "permittee" and clarification of "at the permittee's sole expense" in both Sections 4 and 6 of the proposed ordinance. In Section 4, the ordinance refers to "a permittee" while Section 6 refers to "the permittee." Mr. Huls read the definition of "permittee" from Health & Safety Chapter 8.16 of the D.B. Code. With regard to "at the permittee's expense", this phrase exists within the current ordinance and does not represent a change. He felt that the author refers to the cost borne solely by the permittee and not as a part of the rate. He believed "at the permittee's sole expense" should be deleted from Section I, Page 2. In addition, "the permittee" should be changed to "a permittee" in accordance with CM/Belanger's suggestion. C/Huff said he would like to include at least six bulky item pickups on a Gall- up basis. He asked what other communities do with respect to bulky item pickup. He asked staff to outline the concerns expressed tonight for discussion at the Council's September 21 meeting. Following discussion, the Council concurred to continue the matter to the meeting of September 21, 1999. MPT/O'Connor requested that the next staff report contain the entire ordinance with proposed changes highlighted. 8.2 CITY COUNCIL SUB -COMMITTEE REPORTS: (a) STATUS OF LANTERMAN - MPT/O'Connor recused herself and left the dais. CM/Belanger announced that the League of California Cities Environmental Resources Committee had approved consideration of the Council's proposed Resolution requiring more comprehensive public notice at the League Conference in October. C/Herrera reported on the committee's ongoing efforts to oppose the Lanterman Expansion Project. Dr. Lawrence Rhodes asked the Council to consider terminology in lieu of "expansion" that appropriately explains the proposed changes to Lanterman. SEPTEMBER 7, 1999 PAGE 9 CITY COUNCIL Sue Sisk thanked Council Members for their actions in this matter. She spoke about other approaches being taken by the State to house persons in facilities other than Lanterman and voiced her concern about the lack of information between cities. MPT/O'Connor returned to the dais (b) PROPOSED FORMATION OF WATER POLICY SUB -COMMITTEE - Continued to September 21, 1999. (c) OTHER SUB -COMMITTEE REPORTS - C/Herrera suggested that sub -committee reports be moved back to their proper place at the end of the agenda. Council concurred. C/Huff stated that Foothill Transit continues to move forward. They are much more cost-effective than MTA and are attempting to take over some of the MTA lines. He filled in for MPT/O'Connor at last week's WCCA meeting. The organization is posed to take a position against any roadway segment in the 4 -Corners area. He persuaded the group to consider study information prior to taking a position. He stated that the meeting minutes have improved since MPT/O'Connor assumed responsibility for taking notes. He encouraged her to work on the advisory committee minutes as well. He recommended that Council take a position on the 4 -Comers study and that the matter be considered at the September 21 meeting. WCCA has taken action to bring L.A. County on as an ex -officio member. The Alameda Corridor East Construction Authority took a field trip at the invitation of the City of Industry to view the Redevelopment Agency grade separation construction project of 7th Avenue. The intent was to learn from their mistakes and make informed decisions about how to proceed with the proposed construction at 25 Grade Crossings. C/Herrera reported that the Economic Development Subcommittee is interviewing consultants regarding the City's Economic Development Strategic Plan. Five consultants have submitted proposals. The plan looks toward consideration of what types of new businesses can be brought to D.B. and providing retention of the community's current business base, business expansion and rehabilitation of current shopping centers. MPT/O'Connor said that the City Attorney is researching whether she has a conflict of interest with representing the City on the Minnequa Landslide Committee. Bids have been presented to the five homeowners and it is now up to the homeowners to decide how they will proceed and how they distribute the cost. She stated that the Skateboard Park Committee will meet on Wednesday, September 15 at 7:00 p.m. in the SCAQMD building. She encouraged concerned residents to participate. SEPTEMBER 7, 1999 PAGE 10 CITY COUNCIL M/Chang spoke about participating on the Economic Development Committee. He serves on the Cable Television Subcommittee. Adelphia has acquired Century Communications and the transaction is to be completed on October 1, 1999. Adelphia has agreed to upgrade the City's service within the next two years. 9. NEW BUSINESS: 9.1 RESOLUTION NO. 99-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 15 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - The Redevelopment Agency was formed in April, 1996. Since its inception, the City has advanced funds to the DBRDA through several Advance and Reimbursement Agreements. These agreements have been used to fund DBRDA related administrative activities, including operating expenditures, staffing, overhead charges, and legal/professional services. Each fiscal year, the DBRDA adopts an operating budget making a requisite advance and reimbursement agreement necessary. The adopted operating budget for FY 1999-2000 is $182,000 and the amount necessary to cover FY 1998-1999 expenditures is $225,000, for a total of $407,000. C/Herrera moved, C/Huff seconded, to adopt Resolution No. 99-72 approving Advance and Reimbursement Agreement No. 15 with the D.B. Redevelopment Agency in the amount of $407,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 9.2 RESOLUTION NO. 99-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS - On June 15, 1999, Council and the Redevelopment Agency approved their respective Fiscal Year 1999-2000 Municipal Budgets. Included within these budgets is the Capital Improvement Plan for the fiscal year. This plan included road improvement projects located within the Economic Revitalization Area, which would be partially funded with Redevelopment Agency funds. These improvements are to Brea Canyon Rd. between Pathfinder and the southerly City Limits ($500,000) and to Golden Springs Dr. between Brea Canyon Rd. and the westerly City Limits ($429,000), for a total of $929,000. C/Herrera moved, C/Huff seconded, to adopt Resolution No. 99-73 SEPTEMBER 7, 1999 PAGE 11 CITY COUNCIL approving Advance and Reimbursement Agreement No. P3 with the D.B. Redevelopment Agency in the amount of $929,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 9.3 RESOLUTION NO. 99-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND CONSENTING TO THE TRANSFER OF CONTROL OF 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. On April 26, 1999 the City received FCC Form 394 "An application for Franchise Authority Consent to 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 time frame, the City reviews the financial, legal and technical qualifications of the new controlling entity. Due to Adelphia's and Century Communications delay in responding to additional information requested, the companies requested an additional two-week period for the City's review (September 8). The Council Cable Sub -Committee met twice with the Adelphia/Century Communications staff to discuss the transfer. Adelphia Communications will provide a letter guaranteeing the acceleration of the cable franchise upgrade and relocation of the customer services call center to California. C/Herrera expressed concern regarding the lack of commitment by Adelphia to place a customer service call center in Southern California. Nancy Stinson, General Manager, Century Communications, said she will be an employee of Adelphia Communications. The commitment she has heard at every level is that the call center will return to Southern California. She did not know the timeframe in which this will happen because it is a huge undertaking. Adelphia will have a million plus subscribers in Southern California by the middle of 2000. In response to ACA Steele, Mrs. Stinson stated that, in the event Council wishes to continue this matter for two weeks, she would agree to a two-week extension, to September 22, 1999, of the 120 day period and that Century Cable and Adelphia Communications will not exercise any of their rights prior to the Council meeting of September 21, 1999. SEPTEMBER 7, 1999 PAGE 12 CITY COUNCIL Brenda McPheeters, External Affairs Director, Pacific Bell, stated her company's view on the agreement between Adelphia Communications and Century Cable and stressed the importance of open access to Internet facilities. She asked that the cable companies follow the same open -access policy as the telephone companies are required to follow rather than a closed system, which is currently in effect. Following discussion, C/Herrera moved, C/Huff seconded, to continue the matter to September 21, 1999. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City Council Meeting to the Redevelopment Agency at 11:20 p.m. RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council meeting at 11:30 p.m. 10. COUNCIL MEMBER COMMENTS: C/Herrera stated that the D.B. Senior Club mailed 100 letters to Ralph's Market management regarding the campaign to urge the market to allow another business to fill the vacant store front in the Country Hills Towne Centre. Any interested persons may call her at home at 861-7651 to participate. Form letters will be provided for signatures. C/Huff said that a resident's concerns regarding the City's slopes brings to .mind the Council's goal to beautify the City. He asked staff what progress had been made toward this goal. Both Walnut and Chino Hills have extensive landscape and lighting districts, which provide the funding mechanism to take care of their city's amenities. D.B. has a landscape and lighting district Citywide of $15 per parcel, which is minimal and does not allow the City to do the types of things that neighboring cities can do. Additionally, the City of Walnut set up their redevelopment agency prior to many of the restrictions that were placed on redevelopment prior to 1994. Virtually all of their capital improvement projects are done through the redevelopment agency even though the city has parcels that contribute over $1,000 a year to the landscape and lighting district funds. He asked for a Town Hall Meeting to discuss this matter. He refuted the notion that Council has not been forthcoming with respect to the Lanterman Expansion Project. The Mayor requested that the City look into annexing some portions of the unincorporated area outside of D.B. and he supported the proposal and would like to see it expanded to the sphere of influence south of Brea Canyon to see what kind of economic benefit there may be to the City. MPT/O'Connor said that on August 18 Contract Cities met with the Sheriffs Department in Whittier and toured their museum. On August 19, the Weekly News celebrated its first SEPTEMBER 7, 1999 PAGE 13 CITY COUNCIL anniversary, which was well attended by Council Members. On August 25, she participated in jury duty selection. On August 26, she attended the ribbon cutting ceremonies for California Hair and Skin Care Salon, which has expanded. On August 28, she participated in the Sanitation District's tour of San Pedro Bay. On September 1, she attended the Water Leadership luncheon. On September 1, she attended the AYSO Soccer referee clinic. On September 2, the Finance Committee met. She spoke about the ongoing problem of maintenance of the grass at Petersen Park. The facility is scheduled to have its drainage problem fixed in the near future. She commended staff and the City's contractor for their excellent work on Meadowglen Rd. and for the quick installation of the traffic signal at Diamond Crest and Brea Canyon Rd. prior to the fall school session. She responded to a citizen's comment that Council does not observe what is happening in the City. She believed that Council Members are very observant of their surroundings; however, if residents witness something that needs attention, please bring it to the attention of Council Members. M/Chang stated that on August 18, he attended the L.A. County Sheriffs barbecue at the Star Center in Whittier. On August 19, he represented the City at a CalPoly meeting held by California Trade and Commerce Agency, which is planning to have development training for elected officials. Five regional mayors were invited to give their input for the proposed agenda. He acknowledged the expansion of St. Jude's Heritage Hospital and suggested that D.B. residents visit the facility. He met with the Seniors group on August 24 and listened to their concerns. He asked the Traffic & Transportation Commission to reconsider diagonal parking in front of Heritage Park Community Center. Council Members and residents attended the Night at the Quakes event. He congratulated the California Hair and Skin Care Salon on their expansion. He attended the Three Valley Water District Meeting. Members of the La Petite Academy visited City Hall and met with Council Members and the City Manager to learn about City business administration. He was interviewed by political science students from CalPoly. 11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the meeting at 11:45 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 10, 1999 CALL TO ORDER: Chairman Tye called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: Present: Chairman Steve Tye, and Commissioners George Kuo, Joe McManus and Joe Ruzicka. Vice Chairman Steve Nelson was excused. Also Present: James DeStefano, Deputy City Manaier, Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: Minutes of July 27, 1999. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of July 27, 1999, as presented. Motion carried 4-0 with VC/Nelson being absent. OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: None PUBLIC HEARING: 1. Conditional use Permit No. 99-4 and Minor Conditional Use Permit No. 99-9 (pursuant to Code Sections 22.58, 22.56, 22.10.030 and Table 2-6) is a request to provide entertainment, outdoor dining and the sale and on-site consumption of alcoholic beverages within an existing restaurant structure. PROPERTY ADDRESS: 245 Gentle Spring Lane Diamond Bar, CA 91765 AUGUST 10, 1999 PAGE 2 PROPERTY OWNER: SX Diamond Bar 259 Gentle Spring Lane Diamond Bar, CA 91765 APPLICANT: Chris Pierce, Platinum Restaurant 245 Gentle Spring Lane Diamond Bar, CA 91765 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission approve Conditional Use Permit No. 99-4 and Minor Conditional Use Permit No. 99-9, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Tye opened the Public Hearing. Chris Pierce, 23827 Prospect Valley Drive, indicated to Chair/Tye that dancing will take place after dinner has been served, 10:00 p.m. The request for early serving of alcoholic beverages was to accommodate Sunday Brunch. 11:00 a.m. would be perfectly acceptable. Jill Pierce, 17451 Brooklyn Avenue, Yorba Linda 92886, stated that the applicant was very surprised to learn that Gentle Spring Lane is a private street. The applicant leases the building from the property owner and during the lease negotiations, they had no idea that they would incur additional expense to fix the street it front of the restaurant. She believes that the primary damage to the street is from semi -trucks pulling int( the Kmart Shopping Center which are pulled into the lot by owners who sleep and then get back on the freeway. She believes that it is an unfair burden to the applicant to require, as a condition of approval, that 150 feet of the street in front of the restaurant be slurry sealed. She believe: it will look out of place and will not solve the ultimate problem. She requested that the condition be eliminated from the approval. DCM/DeStefano stated that the street is in disrepair. Before the Commission is a discretionary permit with a clear nexus between the need to repair the street and the type of operation that is occurring in the location. Staff is recommending that the improvement take place. It is within the Commission's discretion to take an alternative course. C/McManus asked if it is feasible to have the property owner complete the slurry seal from in front of the restaurant to the end of the street. DCM/IDeStefano responded that it would make more sense to do it that way. However, the property owner has not, in many years, improved the street. DCM/DeStefano indicated to Chair/Tye that it is in the City's best interest to see that the slurry seal gets done. This application request presents that opportunity and it is not the City's concern who does the slung seal. Chair/Tye asked the applicants why they believes their proposed restaurant will work at this location when there have been others before them that have failed. AUGUST 10, 1999 PAGE 3 Jill Pierce stated that she believes businesses fail because they don't watch their numbers - they don't know their costs as related to their prices. This building is a unique facility. There are banquet facilities for weddings and holiday parties. There is a wine cellar which will accommodate parties of 30-40 people which is conducive to certain kinds of private parties. The facility has a dining room, a bar, etc. Many residents have expressed excitement about the proposed restaurant. There is nothing quite like it in Diamond Bar and people are anxious to have a fine dining and entertainment facility which is conducive to the demographics of Diamond Bar. As applicants, we spent a lot of time looking at the demographics before deciding to operate in the community. Several of the applicants' family members live in Diamond Bar and we feel very strongly about this community. This is a family-owned business and we intend to be hands-on managers. We have owned other successful businesses that have worked over the years and we believes this project will work in this area. C/Ruzicka said that in view of what the applicant has just stated, would it not be to your advantage, although there is a cost involved, to have your particular section of street repaired to show not only the pride that you have in your facility, but to point out how bad the rest of the street looks in comparison, and perhaps enjoin those other property owners to make their portion of the street look as good as the applicants. Jill Pierce stated that when they leased the facility, they did not believe the parking lot needed to be resurfaced because it looked just like all of the other parking lots at all of the other restaurants and Kmart, MacDonalds, etc. Contractors have told them that the parking lot is not that bad and they never expected to be conditioned to resurface the parking lot. When staff recommended the resurfacing it, although we prefer not to have to spend thousands of dollars more than anticipated we'll do it anyhow because the kind of high class restaurant we anticipate should show shiny new white lines and a new blacktop parking lot in spite of the fact that it would be the only one that would look like that in tl:e neighborhood. In response to that, I agree with you, Commissioner Ruzicka. Candidly, I'm trying to picture what 150 feet of resurfacing halfway through to the centerline will look like and I don't believe it will look classy. I personally believe it would look like a patchwork quilt. And I don't know how long it would take for that stretch of the street to look like everything else since the majority of the time there are semi -trucks on the street. In response to C/Ruzicka, DCM/DeStefano stated that the street has been in its present condition for many years and is the result of combined neglect of all of the property owners. No one is maintaining the street. He is not aware of complaints regarding semi -trucks parked on the street. Most commercial areas do not permit on -street parking. This area does permit on -street parking because it is a private street. He said he suspects more people are parking in the lots rather than on the street. Responding to C/McManus, DCIvVDeStefano stated that the City has a right to require the property owner to repair the street. It begs the larger question of whether that portion of the street is repaired or whether the entire street is repaired and therefore, bringing all of the other property owners together into one joint effort. He suggested that staff work with the applicants to re-examine the condition regarding slurry seal of the parking lot and focus on the appropriate areas of restriping in the parking lot and thereby transfer the slurry effort to the street in order to get that portion of the street repaired. The condition suggests that slurry sealing and appropriate modifications take place within three months after opening. He recommended that the Commission grant an additional length of time - 3 months, 6 months, in order to provide an opportunity for staff to coordinate with other property owners, if they are willing to cooperate, and provide the owner of this facility an appropriate opportunity to develop reserves to proceed with the work during that period of time. AUGUST 10, 1999 PAGE 4 DCM/DeStefano indicated to Chair/Tye that the parking lot is in generally good shape. It needs spot slurry and restriping in certain areas. The handicap accessibility aisle needs restriping. The street needs an overlay. It is much more complicated to patchwork the overlay and therefore, all of the other property owners need to be involved. The street is more likely to be crack -sealed and slurried than it is to be truly overlaid in just this small patch. Till Pierce said that the applicant did not budget to slurry the parking lot because it looks good. She indicated that they had intended to restripe where applicable, paint the red curb and upgrade the handicap area. If they are required to expend funds, they would rather redo the parking lot because it involves the image of the restaurant whereas, the street does not speak so much to that image. She believes that because the street is a private street, it is the responsibility of the property owners and she would like to see the street area as a separate project. DCM/DeStefano offered that the Commission could direct staff to work with this applicant/property owner and others toward the rehabilitation of the street and provide the Commission with appropriate reports on what progress has been made or the Commission could have the matter brought back to deal with the street issue atter an appropriate amount of time such as six months, to determine whether this applicant will be required to slurry seal their portion of the street. Responding to C/Ruzicka, DCM/DeStefano stated that there is a reasonable expectation that the property owners will cooperate. Jill Pierce stated that in lieu of her property owner's participation, she will willingly participate in a joint effort to rehabilitate the street. C/Kuo said he does not see how repair of the street is related to the applicant. He believes the applicant is innocent in this matter and that the condition should be stricken. He recommended that DCM/DeStefano ask the City Attorney if the City has any power to compel the owners to fix the street. He does not believe that this matter needs to be brought back before the Commission for purposes of placing this burden back on the applicant. There being no further testimony offered, Chair/Tye closed the Public Hearing. C/McManus moved, Chair/Tye seconded, to approve Conditional use Permit No. 99-4 and Minor Conditional Use Permit No. 99-9. Findings of Fact, and conditions of approval as listed within the resolution subject to the following amendments by C/Ruzicka and Chair/Tye: Delete Condition 5. (c) (5) on Page 5; add a condition that no alcoholic beverage be served on premises prior to 10:00 a.m_ Further, staff is directed to see to the complete restoration of Gentle Spring Lane. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PLANNING COMMISSION COMMENTS: August 24 Planning Commission meeting. Kuo, McManus, Ruzicka, Chair/Tye None VC/Nelson Chair/Tye stated he will not be present at the Tuesday, AUGUST 10, 1999 PAGE 5 INFORMATIONAL ITEMS: DCM/DeStefano stated that at its next meeting, the Planning Commission will consider a proposed 18,000 square foot office building on a one acre lot for Automobile Club's auto emission testing facility to be located between Kelly -Clarke and SEMA in the Gateway Corporate Center. The Commission may also be considering a height variance for a single family residence. The Commission will be considering amendments to the General Plan's Housing Element as well as, begin the zone change process toward the end of this year. He spoke about the wide variety of public improvement projects that will commence in August, September and October of this year. He asked that Commissioners who are interested in attending the Three Valleys Municipal Water District State Water District facilities tour the weekend of September 23 to advise AS/Marquez. He talked about the ongoing process toward construction of a skateboard park facility. The City Council approved a contract with Economic Research Associates to look at the costs associated with four potential sites under consideration for a civic/community center complex. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: C/McManus moved, C/Ruzicka seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 8:40 p.m. Respectfully Submitted, � f JaML6 DeStefano Deputy City Manager Attest: Steve Tye Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Connor and Councilmember Herrera FROM: Linda G. Magnuson�Finance Director SUBJECT: Voucher Register, September 21, 1999 DATE: September 15, 1999 Attached is the Voucher Register dated September 21, 1999. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND PAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated September 21, 1999 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREPAID VOUCHERS TOTAL 001 GENERAL FUND 95,096.23 458,828.27 553,924.50 010 LIBRARY SERVICES .00 119.65 119.65 112 PROP A - TRANSIT FUND .00 15,072.50 15,072.50 115 INTEGRATED WASTE MGT FUND .00 9,454.11 9,454.11 111 AIR GLTY IMPR FD (AB2766) .00 140.00 140.00 125 COM DEV BLK GRANT FUND .00 4,274.15 4,274.15 126 CITIZENS OPT -PUBLIC SFTY .00 3,531.36 3,531.:6 138 LLAD #38 FUND .00 10,808.14 10,808.14 139 LLAD #39 FUND .00 690.92 690.92 141 LLAD #441 FUND .00 16,998.16 16,998.16 250 CAPITAL IMPROV/PROD FUND .00 97,250.48 97,250.48 REPORT FOR ALL FUNDS APPROVED BY: Linda G. Ma nuson Finance Director Terrence L. Belan City Manager 95,096.23 617,167.74 712,263.97 Deborah H. O'Connor Mayor Pro Tem "I/-- Carol Herrera Counci1member ACWA - BAY DELTA BRIEFING _ 0014010-42330-- REGIS FOR CONE-ANSARI 135.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 135.00 TOTAL DUE VENDOR 135.00 AIRTOUCH PAGING 0014090-42130-- 8935 L8418988ZI CITY PAGERS -C MGR/CNCL 447.83 TOTAL PREPAIDS .00 TOTAL VOUCHERS 447.83 TOTAL DUE VFJD)Nt 447.83 AMERICAN PRINTING 1264411-41400-- 9062 14185 PR" PILLS -CRIME PREY. 880.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS sm'00 TOTAL DUE VENDOR 880'00 AMERICAN PUBLIC WORKS ASSOCIATION M pO1S510-42315-- H:MBSHM' RENWAL-D LIU 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 100.00 TOTAL DHE VENDOR 100.00 AMERICANA ART CHINA CO 458.63 0014090-41400-- 8894 15831 DB LOGO MUGS TOTAL PREPAIDS .00 TOTAL VOUCHERS 458.63 TOTAL DUE VENDOR 458.63 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10-'07'53 VOUCHER REGISTER PAGE: 1 DUE THRU: 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO A INVOICE DESCRIPTION AMOUNT DATE CHECK AU BUS COMPANY 8933 2289 TRANS DAY CAMP EHICRSN-AUG 842.50 1125360-45310-- TOTAL PREPAIDS .00 TOTAL VOUCHERS 842.50 TOTAL DUE VENDOR 842.50 ACCURATE LANDSCAPE P09151 ADW MAINT-SYC CYN -AUG 939.82 0015331-42210-- P09151 ADN MAINT-SUMMTRDG-AUG 479.91 0015328-42210-- P09151 ADHL MAINT-PARKS-AUG 390•00 0015310-42210-- P09151 ADN. MAINT-DIST 38 -AUG 1,693.90 1385538-42210-- P09151 ADN_ MAINT-PETERSON-AUG 1,283.73 0015319-42210-- P09151 ADN. MAINT-MAPLE HLL-AUG 819.37 0015316-42210-- P09151 ADN_ MAINT-DIST 49 -AUG 690•92 1395539-42210-- P09151 ADW MAINT-DIST 41 -AUG 639.21 1415541-42210-- P09151 ADN_ MAINT-R REAGAN-AUG 301.35 0015322-42210-- P09151 AIML MAINT401TAGE-AUG 120.84 0015313-42210-- P09151 ADN. MAINT-PANTERA-AUG 936.50 0015318-42210-- P09151 ADHL MAINT-PAUL GROW -AUG 207.45 0015311-42210-- TOTAL PREPRIDS '00 TOTAL VOUCHERS 8,503.00 TOTAL DUE VENDOR 8,503.00 ACWA - BAY DELTA BRIEFING _ 0014010-42330-- REGIS FOR CONE-ANSARI 135.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 135.00 TOTAL DUE VENDOR 135.00 AIRTOUCH PAGING 0014090-42130-- 8935 L8418988ZI CITY PAGERS -C MGR/CNCL 447.83 TOTAL PREPAIDS .00 TOTAL VOUCHERS 447.83 TOTAL DUE VFJD)Nt 447.83 AMERICAN PRINTING 1264411-41400-- 9062 14185 PR" PILLS -CRIME PREY. 880.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS sm'00 TOTAL DUE VENDOR 880'00 AMERICAN PUBLIC WORKS ASSOCIATION M pO1S510-42315-- H:MBSHM' RENWAL-D LIU 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 100.00 TOTAL DHE VENDOR 100.00 AMERICANA ART CHINA CO 458.63 0014090-41400-- 8894 15831 DB LOGO MUGS TOTAL PREPAIDS .00 TOTAL VOUCHERS 458.63 TOTAL DUE VENDOR 458.63 RUN DATE: 09/17/1999 10=07:53 FUND/SECT-ACCT-PROJECT-ACCT ARMENTROUT CONSULTANTS 0014440 -44040 -- ASPHALT MAINTENANCE COMPANY 2505510-46411-01499-46411 AT&T 0014090 -42125 -- 0014090 -42125 -- 0014090 -42125 -- AT&T WIRELESS 0014090-42125-- 1264411-42125-- 0014030-42125-- 0014090-42125-- 0014415-42125-- 0014010-42125-- BEIBER LIGHTING CORPORATION 0015322 -46410 -- BEST LIGHTING 0015350 -45305 -- BFI 0015350 -45305 -- MATTHEW BODIFORD 001 -34740 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 2 DUE THRU, 09/21/1999 PREPAID PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK 8966 AUG 99 DE% SVCS -AUGUST 99 1,100.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 1,100.00 TOTAL DUE VENDOR 1,100.00 9161 847 PROF.SVC-SLRRY SEAT. AREA1 4,500.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 4,500.00 TOTAL DUE VENDOR 4,500.00 PH.CHARGES-C MNGR OFFC 12.96 PH.CHARGES-BLDG & SFTY 22.86 PH.CHARGES-GENERAL 9.04 TOTAL PREPAIDS .00 TOTAL VOUCHERS 44.8' TOTAL DUE VENDOR 44.86 PH.CHARGES-GENERAL 44.47 PH.CHARGES-SHERIFF 121.95 PH.CHARGES-C MR 125.48 PH.CHARGES-CREDIT -1.69 PH.CHARGES-VLNTR PTRL 63.29 PH.CHARGES-C CNCL 52.10 TOTAL PREPAIDS •00 TOTAL VOUCHERS 405.60 TOTAL DUE VENDOR 405.60 9098 1699H TENNIS/BSKTBLL LGHTS-INST 16,556.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 16,556.00 TOTAL DUE VENDOR 16,556.00 E12067 CONCERT BANNER REMOVAL 220.00 TOTAL P(EPAIDS •40 TOTAL VOUCHERS 220.00 TOTAL DUE VENDOR 220.00 9027 916919 SINK RNTL-CONCERT 8/18 162.38 TOTAL PREPAIDS •DD TOTAL VOUCHERS 162.38 TOTAL DUE VENDOR 162.38 30711 RECREATION REFUND 40.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CITY OF DIAMfOND BAR RUN DATE: 09/17/1999 1007:53 VOUCHER REGISTER PAGE: 3 DUE THIRD: 09/21/1999 PREPAID FUND/SECT-ACCT—PRDJECT—ACCT PO # INVOICE DESCRIPTION AMOUNT DATE 0015350-41200-- REIBM—TINY TOT SUPPLS 67.76 TOTAL PREPAIDS .00 TOTAL VOUCHERS 67.76 TOTAL DUE VENDOR 67.76 LYNDA BURGESS 0014040-42330-- REIMB—P/SPRNGS C/CLRK7/1 53.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 53.90 TOTAL. DUE VENDOR 53.90 CA JOINT POKERS 1WANCE AUTHORITY 0014030-42330-- COW REGIS -OCT 4-6 FRTlL 220.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 224.00 TOTAL DUE VENDOR 220.00 CERTIFIED TRANSPORTATION 1125360-45310-- C8931 0134244 DAY CAMP EXCRS—SEA WORLD 452.75 1125360-45310-- C8931 0134241 DAY CAMP EXCRS—IEGO LAND 415.57 TOTAL PREPAIDS .00 TOTAL VOUCHERS 868.32 TOTAL DUE VENDOR 868.32 rTTffe f!, l ,. 001-34760-- 33291 RECREATION REFUND 255.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 255.00 TOTAL DUE VENDOR 255.00 CHARLES ABBOTT ASSOCIATES INC 0015510-45502-- 8962 049-506 RDMAY MAINT-8/1-8/7 4,843.68 0015510-45506-- 8963 049-491 MAKING & SWING MAINT—AUG 1,563.82 0015558-45510-- 9132 049-560/1/2 TREE NATRNG MAINT-JUX_Y 1,692.16 1125553-45527-- 9132 049-563/4/5 BIDS SHILTR INSPEC—AUG 500.00 0015510-45502-- 8962 049-508 - RDNAY MAINT-8/8-8/21 9,685.60 1125553-45527-- 9132 049-560/1/2 BUS SHLTR INSPC MAINT—JUL 400.00 0015558-45508-- 9132 049-560/1/2 NEED ML MAINT—JULY 4,525.08 0015510-45522-- 8964 049-508 RGHT OF NAY - 8/8-8/21 1,409.45 0015510-45506-- 8963 049-505 MRKNG & SGNING MINT—JULY 1,016.80 0015558-45508-- 9132 049-563/4/5 NEED CNTRL/PWY-AUG 4,525.08 0015510-45502-- 8962 049-505 RDNAY MAINT—JULY 6,270.28 0015558-45510-- 9132 049-563/4/5 TREE NATRNG SVCS -AUG 2,115.20 0015510-45506-- 8963 049-508 MAKING & SGNING-8/8-8/21 1,823.50 0015510-45522-- 8964 049-505 RIGHT OF NAY MAINT—JU1LY 1,375.67 0015510-45506-- 8963 049-506 MAKING & SGNING — 8/1-8/7 960.50 0015510-45522-- 8964 049-506 RGHT OF NAY — 8/1-8/7 1,004.46 001-23010-- 161 PROF.SVCS—FPL 96-049 795.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 44,506.28 TOTAL DUE VENDOR 44,506.28 r[T�[Ai RUN DATE: 09/17/1999 10:07:53 FUND/SECT-ACCT-PROJECT-ACCT YIN CHIANG 001 -34780 -- MING CHU CHIEN 001 -34780 -- DIANE CHINN 001-34780-- CINTAS CORPORATION 0015310 -42130 -- 0015310 -42130 -- CITY OF LAVERNE 0014411 -45405 -- CLOUT 0014010-42325-- COFFEESMITH COMPANY 0014090 -42130 -- COMMUNICATIONS SYSTEMS SERVICES 0014411 -42200 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 4 DUE THRU: 09/21/1999 PREPAID PO N INVOICE DESCRIPTION AMOUNT DATE CHECK 33293 RECREATION REFUND 44.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 44.00 TOTAL DUE VENDOR 44.00 33202 RECREATION REFUND 95.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 95.00 TOTAL DUE VENDOR 95.00 33115 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 9036 150241995 UNFRM RNTL-WEEK 8/30/99 19.47 9036 150243212 UNFRM RNTL - MEEK 9/06/99 19.47 TOTAL PREPAIDS .00 TOTAL VOUCHERS 38.94 TOTAL DUE VENDOR 38.94 JUN -99 PRKG CITE -JUNE 99 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.00 TOTAL DUE VENDOR 35.00 MEMBRSHP MTG-HUFF/ANSARI 32.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 32.00 TOTAL DUE VENDOR 32.00 8876 7816 MATER COOLER LEASE -SEPT 17.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 17.95 TOTAL DUE VENDOR 17.95 170964 RADAR GUN-MAINT 95.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 95.70 TOTAL DUE VENDOR 95.70 RUN DATE: 09/17/1999 10:07:53 FUND/SECT-ACCT-PROJECT-ACCT COMMUNITY INDUSTRIES 0015558 -45503 -- 0015558 -45503 -- 0015558 -45503 -- CUSTOM SLEEVE & GOLF BALL COMP 0014095-41400-- D&J ENGINEERING 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- 001-23010-- DAY & NITE COPY CENTER 2505310-46415-15500-46415 0014440 -42110 -- 0014090 -42110 -- KELLY DE MELLO 001 -23002 -- DELTA DENTAL 001 -21104 -- SEPT DENTAL PREMIUMS 1,418.00 09/21/1999 35542 TOTAL PREPAIDS 1,418.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,418.00 CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 5 DUE THRU: 09/21/1999 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK 7545 WEED ABTMNT-11/1-2/28/99 2,136.38 7545 WEED ABTMNT-3/1-6/30/99 2,136.38 7545 WEED ABTMNT-7/1-10/31/98 2,136.38 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,409.14 TOTAL DUE VENDOR 6,409.14 C9086 91382 PROMTNL ITEMS -FALL" ICSC 1,138.19 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,138.19 TOTAL DUE VENDOR 1,138.19 99PLNG-003 PROF.SVCS-FPL 99-015 90.00 99PLNG-003 PROF.SVCS-FPL 99-010 90.00 99PLNB-003 PROF.SVCS-FPL 98-059 45.00 99PLNG-003 PROF.SVCS-FPL 99-012 90.00 9MA-003 PROF.SVCS-FPL 98-048 90.00 99PLNG-003 PROF.SVCS-FPL 99-009 135.00 99PLNG-003 PROF.SVCS-FPL 99-016 135.00 99PLNG-003 PROF.SVCS-FPL 99-012 90.00 99PLNB-003 PROF.SVCS-FPL 99-028 90.00 99PLNG-003 PROF.SVCS-FPL 98-033 90.00 99PLNG-003 PROF.SVCS-FPL 99-008 90.00 99PLNG-003 PROF.SVCS-FPL 99-20 90.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,125.00 TOTAL DUE VENDOR 1,125.00 PSTRS-SKATE PARK MTG 17.23 9121 COPY SVCS -DISASTER PLN 486.91 9182 38738 COPY SVCS -OVERTIME PLCY 50.47 TOTAL PREPAIDS .00 TOTAL VOUCHERS 554.61 TOTAL DUE VENDOR 554.61 50028 REFUND SUM DEP-SYC PARK 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 SEPT DENTAL PREMIUMS 1,418.00 09/21/1999 35542 TOTAL PREPAIDS 1,418.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,418.00 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10:07:53 VOUCHER REGISTER PAGE: 6 DUE THRU: 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO t INVOICE DESCRIPTION AMOUNT DATE CHECK CAROL DENNIS 0014040-44000-- 9005 AB3730608 PROF.SVCS-AB373 HEARING 240.00 0015350-44300-- 9005 PRR0826 PROF.SVCS-P&R MTG 8/26 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 320.00 TOTAL DUE VENDOR 320.00 DIAMOND BAR CHAMBER OF COMMERCE 0014095-42140-- BUSNSS EXPO-CITY BOOTH 200.00 09/21/1999 35W TOTAL PREPAIDS 200.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 200.00 DIAMOND BAR INTERNATIONAL. DELI 0014090-42325-- 8877 495 MTG SPPLS-SHERIFF'S 485.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 485.00 TOTAL DUE VENDOR 485.00 DIAMOND BAR/WALNUT YMCA 1255215-42355-- 8942 JULY CDBG PROGRAM-JULY 4,083.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,083.00 TOTAL DUE VENDOR 4,083.00 DISNEYLAND 0015350-45310-- 9107 950011337 DAY CAMP EXCRSN - 8/18/99 1,536.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,536.00 TOTAL DUE VENDOR 1,536.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 9077 8/25/99 DIAMOND RIDE-8/1-8/15 12,461.68 TOTAL PREPAIDS .00 TOTAL VOUCHERS 12,461.68 TOTAL DUE VENDOR 12,461.68 ENVICOM 001-23011-- 7811 PROF.SVCS-FER 91-002 740.53 TOTAL PREPAIDS .00 TOTAL VOUCHERS 740.53 TOTAL DUE VENDOR 740.53 FAITH COMN"N.INITY CHURCH 001-23002-- 50035 REFUND SCRTY DEP-PANTERA 50.00 TOTAL PREPAIDS .00 TOTAL VOULIERS 50.00 TOTAL DUE VENDOR 50.00 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10:07:53 VOUCHER REGISTER PAGE: 7 DUE THRU: 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO B INVOICE DESCRIPTION AMOUNT DATE CHECK FEDERAL EXPRESS 0014090-42120-- 771453293 EXPRESS MAIL-GENERAL GOVT 16.00 001-23010-- 771432316 EXPRESS MAIL-FPL 99-002 12.75 0014090-42120-- 771453293 COUPON - EXPRESS MAIL -10.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 18.75 TOTAL DUE VENDOR 18.75 FIRESTONE TIRE k SERVICE CENTER 0014090-42200-- 63005305 REPLOW TIRE-CITY VECH 84.15 TOTAL PREPAIDS .00 TOTAL VOUCHERS 84.15 TOTAL DUE VENDOR 84.15 FOOD SYSTEMS INC. 0014090-42325-- 8875 17364 MTG SPPLS_CHMBR SMLL BUS 40.27 0014090-42325-- 8875 17339 MTG SPPLS-CNCL 8/17 93.37 TOTAL PREPAIDS .00 TOTAL VOUCHERS 133.64 TOTAL DUE VENDOR 133.64 FRAME WORKS 0014090-41200-- 5136 FRft-ICMA CERTIFICATE 92.66 TOTAL PREPAIDS .00 TOTAL VOUCHERS 92.66 TOTAL BE VENDOR 92.66 KELLEE FRITZAL 0014030-42340-- REIB-SCAN/NATOA 6/24-25 92.31 0014030-42330-- REIB-MMASC COME 8/4-5 89.93 TOTAL PREPAIDS .00 TOTAL. VOUCHERS 182.24 TOTAL DUE VENDOR 182.24 GAYLE GAOIRAN 001-23002-- 50054 REM SCRTY DEP-SUMMTRDG 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 CORITO GONZALEZ 001-34780-- 33374 RECREATION REFUND 44.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 44.00 TOTAL DUE VENDOR 44.00 GRAFFITI CONTROL SYSTEMS 0015558-45520-- 9024 BB0899 GRAFFITI REMVL-AUG 99 2,520.00 TOTAL PREPAIDS .00 TOTAL VOUICFERS 2,520.00 TOTAL DUE VENDOR 2,520.00 001-34780-- 32921 RECREATION REFUND CITY OF DIAMOND BAR TOTAL PREPAIDS RUN DATE: 09/17/1999 10:07:53 VOUCHER REGISTER PAGE: 8 TOTAL DUE VENDOR DUE THRU: 09/2111999 REYNA HERNANDEZ 430.00 001-23002-- 50064 REFUND SCRTY DEP-PETERSON PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK GTE CALIFORNIA TOTAL DUE VENDOR 50.00 0105355-42125-- 9098610820 PH.SVCS-LIBRARY PROJECT 119.65 0014095-42125-- 8887772489 PH.SVCS-ECON DVLP 40.25 0015314-42125-- 9093965680 PH.SVCS-HRTG.COMM.CTR 37.74 0014090-42125-- CHHM98 '00 0014040-42125-- 9098600368 PH.SVCS-MDDEM C CLK 34.14 0014010-42125-- 9096120740 PH.SVCS-MODEM C CNCL 20.25 0014090-42125-- 9091973128 PH.SVCS-ORAL GOVT 1,886.24 •00 TOTAL PREPAIDS •00 TOTAL VOUCHERS TOTAL VOUCHERS 21138.27 TOTAL DUE VENDOR 2,138.27 001-34780-- 32921 RECREATION REFUND 25.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR 25.00 REYNA HERNANDEZ 430.00 001-23002-- 50064 REFUND SCRTY DEP-PETERSON 50.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 KEN HILL 001-23002-- 50154 REFUND SCRTY DEP-SYC PARK 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 TERRI HOPPOCK 001-23002-- 50030 REFUND SCRTY DEP-R REAGAN 50.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 J. MICHAEL HAGS 1155515-45500-- 9156 DB-REIMB REIMB-SOLID MST MG 39.11 1155515-45500-- 9156 8601/07-99 USED OIL SVCS -7/1-7/31 430.00 0015510-44240-- 9156 NPDESI n/99 NPDES SVCS -7/1-7/31 1,022.50 1155515-45500-- 9156 BGO1/08-99 USED OIL SVCS -8/1-8/31 1,436.25 1155515-45500-- 9156 W01/07-99 SOLID WASTE SVCS -JULY 2,603.75 1155515-45500-- 9156 W02/07-99 SOLID WASTE SVCS -8/1-8/31 4,945.00 0015510-44240-- 9156 NPDES2/8/99 WOES SVCS -8/1-8/31 1,500.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 11,976.61 TOTAL DUE VENDOR 11,976.61 DIANNA HUNDLEY 001-34760-- 32718 RECREATION REFUND 98.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 98.00 TOTAL DUE VENDOR 48.00 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10:07:53 VOLEFER REGISTER PAGE 9 DUE THRU: 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK HYATT REGENCY MONTEREY 0014030-42330-- JPIA CONF-FRTZL 10/4-6 413.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 413.60 TOTAL DUE VENDOR 413.60 ICMA RETIREMENT -401 001-21108-- SEPT PP16/17 SEPT PAYROLL DE MIUMS 2,904.00 09/21/1999 35541 001-21108-- SEPT PP16/17 SEPT CONTRIB ALL DEPTS 12,344.25 09/21/1999 35541 0014030-40080-- SEPT PP16117 SEPT CONTRACT CONTRIB 400.00 09/2111999 35541 001-21108-- 30508452/337 LEGAL AD -FPL 99-15 PP16/17 Off COMP 401(A) 1,342.30 09/21/1999 .35533 81.90 TOTAL PREPAIDS 30508452/337 LEGAL AD -FPL 99-28 16,990.55 001-23010-- 30507993 LEGAL AD -FPL 99-013 TOTAL VOlMRS 001-23010-- .00 62.40 001-23010-- TOTAL DUE VENDOR 16,990.55 INLAND EMPIRE STAGES 0015350-45310-- 9103 081999 SR EXCRSN-STATELINE 8119 205.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 205.00 TOTAL DUE VENDOR 205.00 INLAND VALLEY DAILY BULLETIN 001-23010-- 30508452/337 LEGAL AD -FPL 99-15 81.90 001-23010-- 30508452/337 LEGAL AD -FPL 99-18 81.90 001-23010-- 30508452/337 LEGAL AD -FPL 99-28 117.00 001-23010-- 30507993 LEGAL AD -FPL 99-013 62.40 001-23010-- 30507993 LEGAL AD -FPL 99-022 62.40 001-23010-- 30507993 LEGAL AD -FPL 99-023 62.40 TOTAL. PREPAIDS .00 TOTAL VOl1CtERS 468.00 TOTAL DUE VENDOR 468.00 IRPM-GATEWAY 0014090-42140-- 8843 LEASE - SUITE 100&190 -OCT 19,465.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 19,465.70 TOTAL DUE VENDOR 19,465.70 JOE A GONSALVES & SON 0014010-44000-- 9007 LEGIS REPRSNTATN-SEPT 3,000.00 TOTAL PREPAIDS .00 TOTAL MWERS 3,000.00 TOTAL DUE VENDOR 3,000.00 KENS HARDWARE 0015331-42210-- 9041/OPEN SUPPLS-SYC CYN PARK 11.65 0015311-42210-- 9041/OPEN SUPPLS-PAUL GROW PK 2.26 0015310-42210-- 9041/0PEN SUPPLS-PARKS MAINT 119.31 0015318-42210-- 9041/OPEN SUPPLS-PANTERA PK 23.53 0014090-42200-- 9041/OPEN SUPPLS-VEHCL MAINT 5.03 TOTAL PREPAIDS .00 TOTAL VOUCHERS 161.78 TOTAL DLE VENDOR 161.78 CITY OF DIAMOND EAR RUN DATE. 09/17/1999 10:07:53 VOUCHER REGISTER PAGE' 10 DUE THRU: 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO N INVOICE DESCRIPTION AMOUNT DATE CHECK LIN YU KUO 001-34720-- 50103 EXCRSN REFUND-RDSE PARADE 196.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 196.00 TOTAL DUE VENDOR 196.00 LA COUNTY REGISTRAR-RECORDER 0014040-42325-- RR/CC CITY CLRK SUMMIT 30.00 09/21/1999 35543 TOTAL PREPAIDS 30.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 30.00 LA SIGNAL 2505510-46412-14099-46412 9165 9/24/02 TRFFC SGNL-ECR/GLENBRK 33,306.25 2505510-46412-14199-46412 9165 9/24/02 TRFFC SGNL-BCR/DCL 59,427.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 92,733.25 TOTAL DUE VENDOR 92,733.25 LEIGHTON & ASSOCIATES 001-23012-- LEI0007722 PROF.SVCS-EN 99-250 265.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 265.75 TOTAL DUE VENDOR 265.75 LEWIS ENGRAVING INC 0014090-42113-- 9052 34216 ENGRVNG SVCS 8.66 0014090-42113-- 9052 34188 ENORVNO SVCS-D/B AUTOMOTV 17.32 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.98 TOTAL DUE VENDOR 25.98 LOS ANGELES COUNTY SHERIFF'S DEPT 0014411-45402-- 20553 SHERFF SVCS-CNCRT IN PK 1,251.12 0014411-45401-- 20038 CONTRACT SVCS-JULY 99 320,600.82 1264411-42340-- 20541 COMM POLCNG TRNG-6/13-19 923.56 TOTAL PREPAIDS .00 TOTAL VOUCHERS 322,775.50 TOTAL DUE VENDOR 322,775.50 LOS ANGELES TIMES 0014090-42115-- 9220 36943 AD-COMM.W KTNG COORDNTR 799.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 799.20 TOTAL DUE VENDOR 799.20 MARRIOTT CITY CENTER 0014030-42330-- ICMA CONF-HARAKSIN9/25-29 487.23 TOTAL PREPAIDS .00 TOTAL VOUCHERS 487.23 TOTAL DUE VENDOR 487.23 PAGE: 11 PREPAID AMOUNT DATE CNECK 161.00 .00 161.00 161.00 12.00 .00 12.00 12.00 70.00 70.00 .00 140.00 140.00 225.73 603.00 .00 828.73 828.73 1,605.85 .00 1,605.85 1,605.85 1,800.00 .00 1,800.00 1,800.00 87.89 .00 87.89 87.89 50.00 .00 50.00 50.00 64,600.00 09/21/1999 PP18 64,600.00 .00 64,600.00 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10:07:53 VOUCHER REGISTER DUE THRU: 09/21/1999 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION NARY POWER 001-34760-- 32221 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUN: VENDOR ELSA MUELLER 001-34730--. 49867 EXCRSN REFUND -JULIAN 9/30 TOTAL PREPAIDS TOTAL VERS TOTAL DUE VENDOR NETWORK SOLUTIONS INC 1185098-42315-- WEB SITE REGSTRTN 1185098-42315-- WEB SITE REGSTRTN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR NEXTEL 0014090-42125-- MNTULY SVCS -8/30-10/01 0014090-46250-- 9169 MISC EQ -BATTERY W/CHRGR TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR ORANGE COMMERICAL CREDIT 1264411-46250-- 9019 22362 EQUIP -UNDERCOVER VEH TOTAL PREPAIDS TOTAL VOUNHERS TOTAL DUE VENDOR NARK H K OU 001-23001-- GRDNG BND RELEASE TOTAL PREPAIDS TOTAL VOUNIERS TOTAL 111E VENDOR PACIFIC TIME RECORDER 0014030-42200-- 15261 CTY NX DFC-TJCLCK MAINT TOTAL PREPAIDS TOTAL VOUD ERS TOTAL DUE VENDOR GILBERT PADILLA 001-23002-- 50043 REFUND SCRTY DEP-SUMMTRDG TOTAL PRF.PAIDS TOTAL VOUCNERS TOTAL DUE VENDOR PAYROLL TRANSFER 001-10200-- PAYROLL TRfNSBER-PP18 TOTAL PREPAIDS TOTAL VOU DERS TOTAL DUE VENDOR PAGE: 11 PREPAID AMOUNT DATE CNECK 161.00 .00 161.00 161.00 12.00 .00 12.00 12.00 70.00 70.00 .00 140.00 140.00 225.73 603.00 .00 828.73 828.73 1,605.85 .00 1,605.85 1,605.85 1,800.00 .00 1,800.00 1,800.00 87.89 .00 87.89 87.89 50.00 .00 50.00 50.00 64,600.00 09/21/1999 PP18 64,600.00 .00 64,600.00 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10:07:53 VOUCHEit REGISTER PAGE: 12 DUE TWJJ' 09/21/1999 PREPAID FIND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK PERS RETIREMENT FUND 001-21109-- PP17 SURVIVOR BENEFIT 32.55 09/21/1999 35534 001-21109-- PP17 RETIRE CONTRIB-ER 2,513.47 09/21/1999 35534 001-21109-- PP17 MILITARY BUY BACK 509.69 09/21/1999 35534 001-21109-- PP17 RETIRE CONTRIB-EE 4,449.76 09/21/1999 35534 TOTAL PREPAIDS 7,505.47 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 7,505.47 DANIEL PETERS 001-34760-- 33135 RECREATION REFUND 175.00 TOTAL PREPAIDS .00 TOTAL VOU(XRS 175.00 TOTAL DUE VENDOR 175.00 PITNEY BOWES INC 0014090-42130-- 9000 3816188-AU09 EO RNTL-MAIL SYSTEM 369.90 TOTAL PREPAIDS .00 TOTAL VOUC1ERS 369.90 TOTAL DUE VENDOR 369.90 POMONA JUDICIAL DISTRICT 001-32230-- JUN -99 JUNE PARKING ACTIVITY 600.00 TOTAL PREPAIDS .00 TOTAL VOUDERS 600.00 TOTAL DUE VENDOR 600.00 PORTLAND MARRIOTT DOWNTOWN 0014030-42330-- ICMA CONE -C MOR/ATOCM 1,559.79 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,559.79 TOTAL DUE VENDOR 1,559.79 R & D BLUEPRINT 001-23010-- 43218/42675 COPY SVCS -FPL 92-001 101.22 001-23010-- 43218/42675 COPY SVCS -FPL 92-001 59.77 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 160.99 TOTAL DUE VENDOR 160.99 REINBER(ER PRINTWORKS INC 0014090-42110-- 9069 9874 STATNRY SUPPLS 60.34 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60,34 TOTAL DUE VENDOR 60.34 ARLENE RODRIGUEZ 001-23002-- 50067 REFUND SCRTY DEP-HERITAGE 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 CITY OF DIAMUOND BAR RUN DATE: 09/17/1999 10:07:53 VOUCHER REGISTER PAIS: 13 DUE THIRU: 09/21/1999 PREPAID FIND/SECT-ACCT-PROJECT-ACCT PO UU INVOICE DESCRIPTION AMOUNT DATE CHECK SAM'S MOBIL 0015210-42310-- 9587 FUEL-COMM.DEV-AUG 124.34 0014090-42310-- 9587 FUEL-GENERAL -AUG 61.51 0014090-42310-- 9587 FUEL-GENERAL -AUG 135.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 321.55 TOTAL DUE VENDOR 321.55 SAN BEDA COLLEGE ALUMNI ASSOCIATION 001-23002-- 500'32 REFUND SCRTY DEP-R REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.40 SAN GABRIEL VALLEY TRIBUINE 001-23010-- 64029 LEGAL AD-FPL 99-028 153.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 153.18 TOTAL DUE VENDOR 153.18 KAREN SAND EZ 001-23002-- 50041 REFUND SCRTY DEP-HERITAGE 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 KIMIKO SATO 001-23002-- 50065 REFUND SCRTY DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL 141E VENDOR 200.00 STELLA SAYER 001-23002-- 50011 REFUND SCRTY DEP-R REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 SCESA 0014440-42340-- SCESA COMF-EMER SVC CARD 150.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 150.00 TOTAL DUE VENDOR 150.00 SECTRAN SECURITY 0014090-44000-- 8930 9119 COURIER SVCS-SEPT 99 192.61 TOTAL PREPAIDS .00 TOTAL VOUCHERS 192.61 TOTAL ME VENDOR 192.61 NICODEMUS SENGCO 001-23002-- 50133 REFUND SCRTY DEP-PANTERA 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10:07:53 VOUDB REGISTER PAGE: 14 DUE THRU: 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK RAJ SHAH 001-23002-- 50061 REFUND SCRTY DEP-R REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL ME VENDOR .50.00 JEFREY SHEBROE 0014411-45405-- REFUND REFND-PRKG CITE 408138~'35 70.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 70.00 TOTAL DUE VENDOR 70.00 MARGARET SHIGENAKA-4 001-34780-- 32537 RECREATION REFUND 25.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR 25.00 SHURGARD OF WALNUT 0014090-42140-- 9150 2228 RNTL-CS DIV 9/99-JLL 2000 853.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 853.00 TOTAL DUE VENDOR 853.00 SIGN DEPOT 0015350-45305-- 9700 CONCERT BANNERS -DATE CHN B 32.48 TOTAL PREPAIDS .00 TOTAL VOUCHERS 32.48 TOTAL DUE VENDOR 32.48 SIMPLER LIFE EMERGENCY PROV. INC 0014440-41200-- 9176 15366 &MIES-EH'ERG PREPRDN5S 739.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 739.00 TOTAL DUE VENDOR 739.00 SMART & FINAL 1255215-41200-- 9102 712124 SUPPLIES -SENIORS 82.36 TOTAL PREPAIDS .00 TOTAL VOUCHERS 82.36 TOTAL DUE VENDOR 82.36 SOUTHWEST AIRLINES 0014090-42330-- 9191 CORP AIRLINE TICKETS 1,668.00 TOTAL PREPAIDS .00 TOTAL VOU XRS 1,668.00 TOTAL DUE VENDOR 1,668.00 STANDARD INSURANCE OF OREGAN 001-21106-- SEPT-SUPPL LIFE PREMS 206.50 09/21/1999 35532 001-21106-- SEPT -LIFE INS PREMIUMS 461.10 09/21/1999 35532 TOTAL PREPAIDS 667.60 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 667.60 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10:07:53 VOUCHER REGISTER PAGE: 15 DUE TH1RU, 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK STAPLES 0014090-41200-- 8870/OPEN SUPPLIES -GENERAL GOVT 14.42 0014095-41200-- 8870/OPEN SUPPLIES-CO1M h WING 12.39 0015210-41200-- 8870/OPEN SUPPLIES -PLANNING -4.59 0014040-41200-- 8870/OPEN SUPPLIES -CREDIT -45.47 0015510-41200-- 8870/0PEN SUPPLIES -PUBLIC WORKS 2.60 0015210-41200-- 887010 PEN SUPPLS-PLANNING 225.56 0014040-41200-- 8870/OPEN SUPPLIES -CITY CLERK 22.41 0014090-41200-- 8870/OPEN SUPPLIES -GENERAL GOVT 92.21 0015510-41200-- 8870/OPEN SUPPLIES -PUBLIC MKS 6.16 0014010-41200-- 8870/OPEN SUPPLS-GENERAL 86.16 TOTAL PREPAIDS .00 TOTAL VOUCHERS 411.85 TOTAL DUE VENDOR 411.85 SUBWAY 0014090-42325-- 8883 MM SUPPLS-%Uff LNCHNi 39.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 39.90 TOTAL DUE VENDOR 39.90 THE FAIRMONT HOTEL 0014010-42330-- LEAD COW 10/9 -IM COUMCL .00 0014030-42330-- LEAGUE CON-CM,SAA,A TO CM 885.00 0014010-42330-- LEAG COW 10/9 -IM COUNCL 1,035.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,920.00 TOTAL DUE VENDOR 1,920.00 THE REGENTS OF THE UNIVERSITY OF CA 0015210-42330-- CEQA CONF-A LUNGU 9/30/31 385.00 09/21/1999 35545 TOTAL PREPAIDS 385.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 385.00 THE WHOLE ENCHILADA 0014090-42325-- 9068 1084179 MTG SPPLS-4 CORNERS 8/2 194.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 194.20 TOTAL DUE VENDOR 194.20 TOMARK SPORTS 0015310-41200-- PS108595 REC SUPPLS-BSKTBALL NETS 38.97 TOTAL PREPAIDS .00 TOTAL VOUCHERS 38,97 TOTAL BE VENDOR 38.97 TRADE SHOW ELECTRICAL 0014095-42140-- EXHBTN SPACE -RENTAL 135.00 09/21/1999 35547 TOTAL PREPAIDS 135.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 135.00 CITY OF DIAMOND BAR RUNT DATE: 09/17/1999 10:07:53 VOUCHER REGISTER PAGE: 16 DUE THtU: 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO N INVOICE DESCRIPTION AMOUNT DATE CHECK UNITED CALIFORNIA FACTORS 0015350-45305-- 9137 13703 EQ MOVIE NITE-SYC CYN PK 270.63 TOTAL PREPAIDS .00 TOTAL VOUCHERS 270.63 TOTAL DUE VENDOR 270.63 V-TEK SYSTEMS CORPORATION 001-23010-- 7/30/99 DEP-FPL 99-009 -700.00 001-23010-- 7/30/99 DEP-FPL 99-009 REFUND 21032.09 TOTAL PREPAIDS .00 TOTAL VOUDERS 1,332.09 TOTAL DUE VENDOR 1,332.09 VENTURER CHEW 7 0015350-45305-- COICSSNS-CNCRTS IN PARK 105.75 TOTAL PREPAIDS •00 TOTAL VOUCHERS 105.75 TOTAL DUE VENDOR 105.75 WALNUT VALLEY WATER DISTRICT 1385538-42126-- WATER M-DST38-AUG RCLM 745.24 0015325-42126-- WTR SVCS-STRSHNI-6/24-8/25 1,774.75 0015313-42126-- WTR SVCS-HERITG-7/07-8/31 1,138.00 0015322-42126-- WTR SVCS-REAGAN-6/24-8/25 2,160.75 0015558-45509-- WATER SVCS -TREE WTRNG AUG 127.00 1385538-42126-- WATER SVCS-DIST 38 -AUG 8,369.00 1415541-42126-- WATER SVCS -DST 41 -AUG 16,358.95 TOTAL PREPAIDS •00 TOTAL VOUCHERS 30,673.69 TOTAL DUE VENDOR 30,673.69 WARREN SIECKE 001-23010-- 4285 TRFFC ANALYSIS -FPL 99-002 74.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 74.00 TOTAL DUE VENDOR 74.00 WATERFRONT PLAZA HOTEL 0014010-42330-- DLTA k BYND BRFNG-ANSARI 160.95 TOTAL PREPAIDS •00 TOTAL VOUCHERS 160.95 TOTAL DUE VENDOR 160.95 CITY OF DIAMOND BAR RUN DATE: 09/17/1999 10:07:53 VOUCHER REGISTER PAGE: 17 DUE THRU: 09/21/1999 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION ANOINT DATE CHECK WELLS FARGO BANK 0014030-42325-- 0014030-42330-- 0014090-42310-- 0014010-42325-- 0014030-.42330-- 0014030-42330-- 0014090-42310-- 0014030-42310-- 0014010-42330-- 0014010-42330-- 0014050-42330-- WEST COAST ARBORISTS INC 0015558 -45509 -- WEST PUBLISHING CO. 0014090 -42320 -- 0014090 -42320 -- WESTERN GAMING 1255215-41200-- WHITTIER HILLS BAPTIST CHURCH 001 -23002 -- JULIE WONG 001-34780-- 50052 REFUND SCRTY DEP-SYC PARK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 33383 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 50.00 .00 50.00 50.00 55.00 .00 55.00 55.00 PAUL. WRIGHT 0014090-44000-- 8882 A/V SVCS-PICS/24,C/C9/7 577.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 577.50 TOTAL DUE VENDOR 577.50 MTGS-7/16,26,8/2 BELANGER 352.77 09/21/1999 35539 LEAG CONE -7/28,29,31 244.22 09/21/1999 35539 FUEL-7/28,8/1-O'CONNOR 51.20 09/21/1999 35538 MTG WIRSDNTS-7/25 HERRERA 24.06 09/21/1999 35535 ICMA CNF-FRZL,HRKN,NLS CM 1,805.00 09/21/1999 35539 LNTRMAN AB 383-7/14 C MGR 32.43 09/21/1999 35539 FUEL. - 8/5 - ANSARI 29.11 09/21/1999 35536 FUEL -7/12,17,20,27,8/7,2 159.77 09/21/1999 35539 LEAD CONF-7/30,31 NOMA 74.79 09/21/1999 35535 LEAG CONF-7/28 CHANG 23.26 09/21/1999 35537 PENTAMATION CONF-8/300 368.00 09/21/1999 35539 TOTAL PREPAIDS 3,164.61 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 3,164.61 16242 TREE MAINT SVCS -8/15/99 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 8948 37002392 CA JUDICIAL CNCL UPDATES 41.14 8948 38075408 CA CODE UPDATES 75.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 116.64 TOTAL DUE VENDOR 116.64 9101 20670 SUPPL-BING0 FOR SENIORS 108.79 TOTAL PREPAIDS .00 TOTAL VOUCHERS 108.79 TOTAL DUE VENDOR 108.79 50052 REFUND SCRTY DEP-SYC PARK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 33383 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 50.00 .00 50.00 50.00 55.00 .00 55.00 55.00 PAUL. WRIGHT 0014090-44000-- 8882 A/V SVCS-PICS/24,C/C9/7 577.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 577.50 TOTAL DUE VENDOR 577.50 CITY OF DIAMOND EAR RUN DATE: 09/17/1999 10:07:53 VOUCHER REGISTER PAGE. 18 DUE THRU. 09/21/1999 FUND/SECT-ACCT-PROJECT-ACCT PO * INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK ELLEN ZUNIGA 001-34780-- 33098 RECREATION REFUND 60.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 REPORT TOTAL PREPAIDHS REPORT TOTAL VOUCHERS REPORT TOTAL 95,096.23 617,167.74 712,263.97 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: September 21, 1999 REPORT DATE: August 27, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 99 -XX " A Resolution of the City Council of the City of Diamond Bar, California, Authorizing and Approving the Exchange of Proposition A Funds (Local Return Transit Funds) to the City of Santa Clarita, California, for General Funds." SUMMARY: Proposition A, the '/s cent sales tax for transit, was approved by voters in 1980. The revenues generated through this half cent sales tax are intended to be used towards the development of transit related programs, which are administered by the Los Angeles County Metropolitan Transportation Authority (MTA). The City currently has an excess of $1,540,000 in Proposition A Funds and has the option of exchanging these funds for General Funds with another local agency to assist in providing transit related services. The City of Santa Clarita is in need of Proposition A Funds ($370,000) to construct their new Metrolink Station, Jan Heidt Newhall Metrolink Station, and make improvements to the Via Princessa Metrolink Station. Santa Clarita is offering $.71 on the dollar ($262,700). RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve Resolution No. 99 -XX " A Resolution of the City Council of the City of Diamond Bar, California, Authorizing and Approving the Exchange of Proposition A Funds (Local Return Transit Funds) to the City of Santa Clarita, California, for General Funds." LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification X Resolution(s) _ Bid Specification Ordinance(s) _Other: X 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? 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 5. Are other departments affected by the report? _ Yes X No Terrence L. Belanger / / Anne M. Haraksin City Manager �-/ Administrative Assistant CITY COUNCIL REPORT MEETING DATE: September 21, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 99 -XX " A Resolution of the City Council of the City of Diamond Bar, California, Authorizing and Approving the Exchange of Proposition A Funds (Local. Return Transit Funds) to the City of Santa Clarita, California, for General Funds." ISSUE STATEMENT: Should the City Council approve Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar, California, Authorizing and Approving the Exchange of Proposition A Funds (Local Return Transit Funds) to the City of Santa Clarita, California, for General Funds." RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve Resolution No. 99 -XX "A Resolution of the City Council of the City of Diamond Bar, California, Authorizing and Approving the Exchange of Proposition A Funds (Local Return Transit Funds) to the City of Santa Clarita, California, for General Funds." FINANCIAL SUMMARY: The City has $1,540,000 in uncommitted Proposition A Funds. It is anticipated that the City will receive $668,000 in Proposition A Funds for the Fiscal Year 1999-00 and has allocated $798,000 in transit programs (Diamond Ride, Transit Subsidy, and Capital Improvement Projects). Approval of the Resolution will allow the City to exchange $370,000 in Proposition A Funds to the City of Santa Clarita for $262,700 in General Funds. It is proposed that the Proposition A Funds be exchanged at a rate of $.71 on the dollar. BACKGROUND/DISCUSSION: Proposition A, the '/2 cent sales tax for transit, was approved by voters in 1980. The revenues generated through this half cent sales tax are intended to be used towards the development of transit related programs, which are administered by the Los Angeles County Metropolitan Transportation Authority (MTA). In administering the program, MTA distributes "Local Return" funds directly to cities. The City must use its Local Return funds within three (3) years from the date of receipt or the funds must be returned. Local Return funds are designed to be spent solely on public transit projects. The City currently has an excess of $1,540,000 in Proposition A Funds and has the option of exchanging these funds with another local agency to assist in providing transit related services. With the passage of the 1999-00 Annual Budget, Staff has sought out interested cities to exchange Proposition A Funds for General Funds. Out of the several cities contacted, Santa Clarita is offering the highest exchange rate at $.71 on the dollar. The City of Santa Clarita is in need of Proposition A Funds to construct their new Metrolink Station, Jan Heidt Newhall Metrolink Station, and to make improvements to the Via Princessa Metrolink Station. RESOLUTION NO. 99. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF SANTA CLARITA, CALIFORNIA, FOR GENERAL FUNDS WHEREAS, the City of Diamond Bar wishes to transfer $370,000 of its uncommitted Proposition A Local Return Transit Funds to the City of Santa Clarita to provide for public transit purposes and to improve the level, quality, safety, and/or accessibility of transit services to the general public or to any group which requires special transportation assistance; and WHEREAS, the City of Santa Clarita has offered to assign $262,700 in General Funds to the City of Diamond Bar; and WHEREAS, the City Council of the City of Diamond Bar has determined that the transit needs of the City can be adequately met if this fund exchange is approved; and WHEREAS, the City of Diamond Bar plans to expend these funds to augment the City's capabilities in meeting the general public's needs and other City expenses. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: SECTION 1. The exchange of $370,000 of Proposition A Local Return Funds in exchange for the assignment of $262,700 in General Funds is authorized and approved. SECTION 2. The Mayor is authorized to execute, on behalf of the City, any required documents to effectuate this exchange of funds. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and send certified copies to the City of Santa Clarita. PASSED, APPROVED AND ADOPTED on day of '1999. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1999, by the following vote: AYES: COUNCIL. MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR . S AGENDA REPORT TO: Honorable Mayor and Members of the City Council MEETING DATE: September 21, 1999 REPORT DATE: September 16, 1999 FROM: Terrence L. Belanger, City Manager TITLE: 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. SUMMARY: The Fifth Cycle Local Govemment Used Oil Opportunity Grant is due to the California Integrated Waste Management Board by October 1, 1999. The Eighth Cycle Household Hazardous Waste (HHW) Grant is due November 1, 1999. The proposed grants will request additional funding to expand the existing used oil collection network and add a component for certain HHW items to fit local demand. The grants would address problems presented by illegal dumping including adverse effects on human health and the environment. The grants will expand the number of certified collection centers, and augment the mobile collection events held in the area. Additionally, public education efforts, the school program and community outreach would be proposed for expansion. The grants would not require any matching funds, and costs to the City would be reimbursed through regular (i.e., quarterly) reimbursement requests. The City of Diamond Bar will request up to $134,000 under the Used Oil Opportunity Grant and up to $120,000 under the Household Hazardous Waste Grant. RECOMMENDATION: That the City Council adopt Resolution No. 99 -XX: Authorizing Submittals of a Fifth Cycle Local Government Used Oil Opportunity Grant and an Eighth Cycle Household Hazardous Waste Grant. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution _ Bid Specification 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 415 vote? Majority 3. Has environmental impact been assessed? N/A _Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _No Which Commission? 5. Are other departments affected by the report? N/A — Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belang r City Manager CAAN rnh— Ja444)-e s DeStefano Deputy City Manag David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 21, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AUTHORIZING SUBMITTALS OF APPLICATIONS FOR A FIFTH CYCLE LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT AND AN EIGHTH CYCLE HOUSEHOLD HAZARDOUS WASTE GRANT ISSUE STATEMENT One of the requirements of the California Integrated Waste Management Board (CIWMB) in applying for grant funding is to authorize submittals of past applications through an authorizing resolution. This resolution formally authorizes the submittal of an application for the Fifth Cycle Local Government Used Oil Opportunity Grant (UOBG) due October 1, 1999, and an application for an Eighth Cycle Household Hazardous Waste (HHW) Grant due November 1, 1999. BACKGROUND The CIWMB has funds available for qualified applicants in need of additional funding for used oil and household hazardous waste program elements. The City of Diamond Bar has demonstrated a need for additional funding for the Used Oil Recycling Program since the number of gallons of used oil collected during fiscal year 98-99 was fewer than the number of gallons collected the previous fiscal year and generally only one HHW round -up is held nearby annually by the County. UOBG funds would be used to expand the City's oil recycling program, leading to improved oil recycling rates in the City of Diamond Bar. Efforts would concentrate on expanding public education, and adding to the network of Certified Collection Centers. HHW funds would augment the County's HHW Round Up Program with mobile collection events held by the City of Diamond Bar and HHW prevention and recycling efforts. FINANCIAL SUMMARY There is no expected cost for submittal other than hours already budgeted under the consultant's agreement. Funds are derived from monies collected by the State as part of the California Oil Recycling Enhancement Act (ORE Act). RECOMMENDATION That the City authorize submittal of application for a Fifth Cycle Local Government Used Oil Opportunity Grant and an Eighth Cycle Household Hazardous Waste Grant. RESOLUTION FOR USED OIL AND HOUSEHOLD HAZARDOUS WASTE GRANTS WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the people of the State of California have enacted Assembly Bill 1220 (Eastin, 1993) that provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of these programs within the state, setting up necessary procedures governing application by cities and counties under these programs; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED that the City of Diamond Bar: 1. Authorizes the submittal of grant applications to the California Integrated Waste Management Board for all available grants under the California Oil Recycling Enhancement Act and all available HHW grants under the California Integrated Waste Management Act for the period of July 1, 1999 until June 1, 2000. 2. The Deputy Director of Public Works, or their designee, is hereby authorized and empowered to execute in the name of the City of Diamond Bar all necessary applications, contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. The foregoing resolution was passed by the City of Diamond Bar this day of September 21, 1999. ATTEST: Signed: Dated: RESOLUTION NO. 99- 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 WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the people of the State of California have enacted Assembly Bill 1220 (Eastin, 1993) that provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of these programs within the state, setting up necessary procedures governing application by cities and counties under these programs; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED that the City of Diamond Bar: 1. Authorizes the submittal of grant applications to the California Integrated Waste Management Board for all available HHW grants under the California Integrated Waste Management Act for the period of July 1, 1999 until June 1, 2000. 2. The Deputy Director of Public Works, or their designee, is hereby authorized and empowered to execute in the name of the City of Diamond Bar all necessary applications, contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. The foregoing Resolution was passed, approved and adopted by the City of Diamond Bar this day of 1999. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following Roll Call vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAINED: COUNCILMEMBER: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: September 21,1999��►� REPORT DATE: September 15,1999 FROM: Linda G. Magnuson,`�inance Director TITLE: A resolution of the City Council of the City of Diamond Bar amending Resolution No. 91-72D, prescribing a method of drawing warrants and checks upon City funds. SUMMARY: Resolution No. 91-72D, authorized the Mayor, City Treasurer and the Finance Director to sign City warrants and checks. Resolution No. 91-72E adds the position of Deputy City Manager as an authorized signer of City warrants and checks. The Resolution No. 91-72E also temporarily removes the requirement for the Mayor to sign all checks over $10,000. The resolution will remain in effect until November 30, 1999. At which time Resolution No. 91- 72D will be reinstated. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 91-72E. LIST OF ATTACHMENTS: _ Staff Report _ Resolution(s) _ Ordinance(s) _ Agreement(s) SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? _ Yes _ No 3. Has environmental impact been assessed? _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes _ No REVIEWED BY: Terrence L. Belr Linda G. Ma n City Manager Finance Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 21, 1999 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Resolution 91-72E - A resolution of the City Council of the City of Diamond Bar amending Resolution 91-72D, prescribing a method of drawing warrants and checks upon City funds. SUMMARY: Resolution No. 91-72D, authorized the Mayor, City Treasurer and the Finance Director to sign City warrants and checks. Resolution No. 91-72E adds the position of Deputy City Manager as an authorized signer of City warrants and checks. RECOMMENDATION: It is recommended that the City Council approve Resolution 91-72E. BACKGROUND: The City Council has in place a method of drawing warrants and checks upon City funds. This method has been that all checks and warrants drawn on City funds shall be signed by any two of the following three positions: Mayor, City Treasurer, Finance Director, with all warrants and checks over $10,000 being signed by the mayor and one of the other authorized signers. It is anticipated that the Mayor, City Manager and Finance Director will be unavailable for signature at various times during the next two months. As a result, Resolution 91-72E recommends the addition of the Deputy City Manager position to the list of authorized signers and the removal of the requirement for the Mayor to sign checks for $10,000 or over. Every effort will be made to have the Mayor sign these checks, however if he is out of the area, it may be necessary to have two of the other individuals sign in his absence. The provisions of this resolution will sunset and revert to back to Resolution 91-72D, on November 30, 1999, PREPARED BY: Linda G. Magnuson RESOLUTION NO. 91-72E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72D PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS A. Recitals. (i) Pursuant to California law, the Mayor and City Clerk are required to execute and countersign all warrants and checks issued for payment from City funds. (ii) California Government Code Section 37203 provides that the City Council may prescribe an alternative method for drawing warrants and checks. (iii) The City Council of the City of Diamond Bar desires to provide an alternative method to insure the timely drawing of warrants and checks upon City funds. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar hereby finds, determines and resolves as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. Pursuant to the provisions of California Government Code Section 37203, all checks and warrants drawn on City funds shall be executed and countersigned by any two of the following four positions: a. Mayor b. City Treasurer c. Finance Director d. Deputy City Manager The City Council hereby authorizes and directs the execution of all documents reasonably necessary to implement the method for payment of checks and warrants set forth above, including but not limited to, execution of documents pertaining to City Bank accounts with City's banking institution(s). 4. This resolution shall remain in effect until November 30, 1999, at which time the authorized signers of checks and warrants drawn on City funds shall revert to those as stated in Resolution 91-72D. 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of , 1999. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following vote: AYES: COUNCII,MEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAINED: COUNCILMEMBER: LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF RIAMONR H 1H AGENDA REPORT AGENDA NO. 6--7 TO: Honorable Mayor and Members of the City Council MEETING DATE: September 21, 1999 REPORT DATE: September 15, 1999 FROM: Terrence L. Belanger, City Manager TITLE: Second Reading of Ordinance No. 11 (1999) "An Ordinance 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." SUMMARY: On September 7, 1999, the City Council adopted Resolution 99- 71 creating " 1 hour Parking, 7:00 a.m. to 4:00 p.m., on School Days, Except by Permit" for Los Cerros Drive. The City Council also adopted for first reading Ordinance No. 11 (1999) amending Preferential Parking District No. 1, adding Los Cerros Drive. In order to lessen the impact of student parking on Los Cerros Drive (southwest of Fern Hollow Drive), on July 8, 1999, the Traffic and Transportation Commission recommended to the City Council the approval of the installation of said signs, and inclusion of Los Cerros Drive to the Diamond Bar Preferential Parking District No. 1. RECOMMENDATION: The City Council waive full reading and adopt Ordinance No. 11 (1999) amending Diamond Bar Preferential Parking District Number One to include Los Cerros Drive in said District and amending the Diamond Bar Municipal Code accordingly. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification X Ordinance(s) _ Other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes reviewed by the City Attorney? —No 2. Does the report require a majority vote? Majority X Yes 3. Has environmental impact been assessed? N/A —No Yes 4. Has the report been reviewed by a Commission? _ —No X Yes Which Commission? Traffic & Transportation —No 5. Are other departments affected by the report? N/A Yes No _ _ Report discussed with the following affected departments: REVI WED BY: 66M1 .X� - max,�, Xsa - Terrence L. Bel er Mnes DeStef avid G. Liu City Manager Deputy City M ager Deputy Director of Public Works ORDINANCE NO. _ (1999) AN ORDINANCE 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. WHEREAS, there is a shortage of on -street parking on certain residential streets within the City, and parking restrictions have been imposed to facilitate short term parking and the efficient use of street parking spaces; and WHEREAS, the City wishes to increase the availability of street parking spaces for residents and their guests as permitted by Section 22507 of the California Vehicle Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Division 6 of Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is hereby amended to modify Subsection (c) of Section 10.16.1350. 10.16.1350 Diamond Bar Preferential Parking District No. 1 (c) Diamond Bar Preferential Parking District No. 1, Parking Restrictions. No parking for more than one (1) hour from 7:00 a.m. to 4:00 p.m. on school days except with an Annual or Temporary Parking Permit: Street Location Evergreen Springs Drive: Both sides of the street from Sunbright Drive to 2017 Evergreen Springs Drive (2017 to 2338 Evergreen Springs Drive). Lost River Drive: Both sides of the street from Evergreen Springs Drive to Castle Rock Road (21504 to 21612 Lost River Drive). Birch Hill Drive: Both sides of the street from Evergreen Springs Drive to Castle Rock Road (21515 to 21651 Birch Hill Drive). Cazadero Place: Both sides of the street from Evergreen Springs Drive to the end of the cul de sac (21503 to 21519 Cazadero Place). Viento Verano Drive: Both sides of the street from Evergreen Springs Drive to 1980 Viento Verano Drive (1980 - 2035 Viento Verano Drive). Broken Arrow Drive: Both sides of the street from Viento Verano Drive Tambo Place Fern Hollow Drive: Pathfinder Road Los Cerros Drive Section 2. to 21453 Broken Arrow Drive/ Both sides of the street from Fern Hollow Drive to 21364 Broken Arrow Drive. Both sides of the street from Pathfinder Road to the end of the cul de sac (21305 to 21325 Tambo Place). Both sides of the street from Pathfinder Road to Los Cerros Drive (1953 - 2036 Fern Hollow Drive). Both sides of the street from Evergreen Springs Drive to the end of (Frontage Road) the cul de sac (21501 to 21536 Pathfinder Road). Both sides of the street cul-de-sac (1946, 1947, 1954, 1955, 1960, 1961, and 1963 Los Cerros Drive). 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. Section 3 If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this day of 1999. Mayor I, Lynda Burgess, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the _ 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: Lynda Burgess City Clerk CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: September 21, 1999 REPORT DATE: September 15, 1999 FROM: Lynda Burgess, City Clerk TITLE: AWARD OF CONTRACT FOR MINUTE SECRETARY SERVICES SUMMARY: The City utilizes the services of a contract secretary to transcribe minutes for the City Council, Planning Commission, Parks & Recreation Commission and Traffic & Transportation Commission. In addition, the contract secretary has been transcribing minutes for the Lanterman Developmental Center Forensic Expansion Committee, Tres Hermanos Conservation Authority and the Wildlife Corridor Conservation Authority. These services allow clerical staff more opportunities to effectively handle contact with the public, answer phones, complete agendas, post notices, complete mailings for hearings, and other duties as required. It has been proven that it is more cost effective to utilize the services of an outside Minute Secretary than to have staff prepare minutes. The City Council previously expressed concern about funds that were being expended to send Ms. Dennis meeting tapes via overnight mail. That practice has been discontinued since there was no benefit to either party for utilizing overnight mail. At the request of City Council, an RFP was prepared and proposals were received from seven individuals/agencies. After review of the proposals by all Departments, it was unanimously agreed that the City should again extend a three-year contract to Carol A. Dennis for Minute Secretary services effective October 1, 1999. RECOMMENDATION: It is recommended that the City Council award a contract 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 the period October 1, 1999 through June 30, 2000 with a one-year renewal option for the City. 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? Majority _Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Community Development, Community Services, Public Works, City Manager REVIEWED BY: DEPARTMENT HEAD: Terre ce L. Belan er Lynd Burgess City Manager City Clerk CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 15, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AWARD OF CONTRACT FOR MINUTE SECRETARY SERVICES ISSUE STATEMENT: Should the City enter into an agreement for contract Minute Secretary Services for the City Council, Planning Commission, Parks & Recreation Commission, Traffic & Transportation Commission, Lanterman Developmental Center Forensic Expansion Project Committee, Tres Hermanos Conservation Authority and Wildlife Corridor Conservation Authority? RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with Carol A. Dennis for Minute Secretary services for City Council, Planning Commission, Parks & Recreation Commission, Traffic & Transportation Commission and Lanterman forensic Expansion Project Committee, Tres Hermanos 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. FINANCIAL SUMMARY: Funding would be from the individual department's Professional Services accounts: City Clerk City Manager Community Development Community Services Public Works/Engineering BACKGROUND: 001-4040-4000 $6,000 001-4030-4000 $2,000 001-5210-4000 $4,000 001-5350-4300 $2,800 001-5553-4000 $1,200 Since December 1990 the City has retained the services of a contract minute secretary for various Council, Commission and special meetings. The retention of a minute secretary allows the clerical staff the opportunity to more efficiently and effectively perform their duties. For staff, interruptions occur when trying to transcribe minutes resulting in a longer turn -around time for Minutes to be made available. In July, staff prepared and distributed Requests for Proposal to all parties who have expressed an interest to the City or who have previously prepared transcribed minutes. A committee consisting of the City Clerk, Community Development Director, Community Services Director and Deputy Public Works Director reviewed the seven responses received. One response is from an individual who currently Award of Contract for Minute Secretary Services September 15, 1999 Page Two transcribes minutes for all Council and Commission meetings and the committee felt that this individual is the only one adequately qualified for this contract. Carol Dennis has extensive experience with all transcription needs of the City and, based upon the proposals and quality of work, it is the committee's recommendation that Carol Dennis be retained as Minute Secretary. Attachments: Request for Proposal Carol A. Dennis Proposal (Other proposals available in City Clerk's Department) Contract PREPARED BY: Lynda Burgess, City Clerk • / 1 '' 1'1 111v111111 The City of Diamond Bar is seeking qualified proposals for the services of Minute Secretary. ff interested, please submit a price quote for completion. PROJECT: MINUTE SECRETARY The City of Diamond Bar conducts various meetings for which minutes need to be transcribed. Minutes are in the form of action minutes, which -include summaries of comments from City officials and members of the public. The City is seeking a person who can listen to taped meetings and transcribe the elements of the meetings. Samples of formats used for City Council and Commission meeting minutes will be provided. The successful candidate will be responsible for preparation of the following minutes: City Council Planning Commission Parks & Recreation Commission Traffic & Transportation Commission Standing Committees - Minimum of 2 meetings monthly - 2 meetings monthly -1 meeting monthly -1 meeting monthly - As needed In addition to the above, there may periodically be other special meetings held; i.e,, Design Review, Environmental Review, task forces, etc. The City Council and Planning Commission meet for an average of four hours and the Commissions usually meet for an average of two hours. REQUIREMENTS: The Minute Secretary will pick up audio tapes at City Hall the day following the meeting. Typed minutes will be returned in MSWord Format on a high density, 3.5' disc in the same format as provided on the samples. PROPOSAL: Proposals shall include an hourly rate and any other charges applicable to completion of the project. Estimated turn -around times for preparation of the required minutes should also be provided as part of the proposal. Please submit quotations by August 15, 1999 at 5:00 p.m. The proposal will be for a one-year period with the possibility of one-year extensions, for a maximum of three years. Forward quotations to: Lynda Burgess, City Clerk City of Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765 For specific questions or additional information, please contact: Lynda Burgess, 909-396-5682 e-mail: knda.buroossdci.diamond-barca.us. June 7, 1999 Lynda Burgess, City Clerk City of Diamond Bar . 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 Re: Request for Proposal for Minute Secretary Dear Ms. Burgess, 99 JU: 10 5: 2 6 Thank you once again for the opportunity to respond to your Request for Proposal for the position of Minute Secretary for the City of Diamond Bar. I believe I have a proven five year track record of providing quality minutes to the City of Diamond Bar in a timely fashion. In addition, I have favorably responded to the City's request for providing minutes of special meetings and task forces as requested. I ask that you please grant me the opportunity to continue providing minutes for all City Council, Planning Commission, Parks and Recreation Commission, Trac and Transportation Commission, and other regular and "special" meetings. I believe that my knowledge of Diamond Bar City government, staff members and Council and Commission members benefits the City and allows me to complete work assignments with little supervision and instruction. Even though I have relocated, I am able to provide the City with comparable or better service via e-mail. I wish to continue my contract with the City in the 1999-2000 Fiscal Year and beyond and will fulfill the terms and agreements as stated. And, I will continue to provide minutes transcription. at my current rate of $20.00 per hour using the most current software programs as specified by the City. If necessary, I will make myself available to meet with Council Members to discuss this matter in person. Thank you for your consideration. Sincerely, Carol A. Dennis On -Line Transcription Services 218 Pennsylvania Avenue Walsenburg, Colorado 81089 (719)738-2367 E-mail CAROL3COLO@RMI.NET CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of October 1. 1999 by and between the City of Diamond Bar, a municipal corporation ("City") and Carol A. Dennis , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated June 1996. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated June 7 1999, to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Tenm of Agreement. This Contract shall take effect October 1. 1999 and shall continue until June 30. 2000 , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper monthly invoices in the form specked by City. Total payment to Consultant pursuant to this Agreement shall not exceed Sixteen Thousand Dollars ($16.000.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765-4177 6. Status as Independent Consultant. Consultant: Carol A. Dennis On -Line Transcription Services 218 Pennsylvania Avenue Walsenburg, CO 81089 A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, any all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each perm or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 9. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 10. Conflict of interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 2 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 12. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the worts shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 14. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 15. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultants obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 16. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 21. Goveming Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 23. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 24. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk City Manager Approved as to form: "CONSULTANT' By: City Attorney By: Its: 5 CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. �f TO: Honorable Mayor and Members of the City Council MEETING DATE: September 21, 1999 REPORT DATE: September 16,1999 FROM: Terrence L. Belanger, City Manager TITLE: "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 Corporation to Adelphia Communications Corporation." SUMMARY: On March 5, 1999, Century Communications Corporation entered into a merger agreement with Adelphia Communications Corporation. As a result of several cable acquisitions, Adelphia is now the fifth largest cable company. The acquisition of Century Communications will be Adelphia Communications' first business venture in California. Adelphia will be the largest single provider of cable television in the Los Angeles 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 26, 1999 the City received FCC Form 394 –"An Application for Franchise Authority Consent to 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 reviews the financial, legal and technical qualifications of the new controlling entity. Adelphia and Century Communication agreed to an additional two-week period for the City's review (September 22). The City Council Cable Sub -Committee has met twice with the Adelphia/Century Communications staff to discuss the transfer. Adelphia Communications has provided a letter of corporate intent to acceleration cable upgrade by two years and create a California call center within one year. RECOMMENDATION: It is recommended that the City Council approve Resolution 99 -XX "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 Corporation to Adelphia Communications Corporation" and authorize the Mayor to sign all necessary documents. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (in City Clerk's office) _ Ordinance(s) X Other: FCC Form 394 Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? NIA —Yes _ No 4. Has the report been reviewed by a Commission? NIA —Yes _ No 5. Are other departments affected by the report? NIA Yes _ No REVIEWED BY: Terrence L, Belan4er Kellee A. Fritzal City Manager Assistant to City Manager CITY COUNCIL REPORT MEETING DATE: September 21, 1999 Agenda No. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution Authorizing the Transfer of Control of the Cable Television Franchise from Century Communications to Adelphia Communications ISSUE STATEMENT Should the City Council approve the transfer of the Cable Television Franchise to Adelphia Communications? RECOMMENDATION It is recommended that the City Council approve Resolution 99 -XX "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 Corporation to Adelphia Communications Corporation" and authorize the Mayor to sign all necessary documents. FINANCIAL SUMMARY There is no fiscal impact to the City. All legal and related fees for the processing of the transfer will be paid by Century Communications. BACKGROUND As demonstrated in the newspapers over the past year, cable operators are consolidating and clustering services within metropolitan areas through acquisitions, mergers and franchise swaps. A few notable consolidations consist of ATT/TCI; ATT/Media One; Charter acquisition of Marcus and Falcon Cable; Century/TCI merger; and Adelphia/Century and Frontier Vision. The City approved a Cable Television Franchise Agreement with Jones Intercable on May 6, 1999, and within the adoption, the City approved the Transfer of the Agreement to Citizens Century Television Venture, The Citizens Century Television Venture was a limited partnership with the parent company of Century Communications. On May 18, 1999, the City Council approved a Transfer Agreement of the Television Franchise by Citizens Century Cable Television Venture to Century -TCI California L.P. The Century/TCI transfer consisted of combining interest in Southern California and Northern California that created a more efficient and unified cluster of cable television franchises. Century Communications has 75% interest in the Southern California operations, and TCI has a 25% silent partnership. DISCUSSION On March 5, 1999, Century Communications Corp entered into a merger agreement with Adelphia Communications Corp of Coudersport, Pennsylvania. The transaction is valued at approximately $5.2 billion, including indebtedness of approximately $1.6 billion being assumed. Adelphia will become the fifth largest operator of cable television systems in the United States, serving approximately 4.7 million bubnor a With the nahw of Century Communications and the merger with Comcast, Adelphia will have 1.2 million subscribers in the Los Angeles metropolitan area, making it the largest single provider in the area. The purchase of Century Communications and the merger with Comcast Communications will be Adelphia's first business venture in California. The transaction is expected to close on October 1, 1999. Pursuant to the Telecommunications Act of 1984, 1992 and 1996, there is an application process to analyze the transfer of ownership of cable television systems. The Franchising Authority (City) has the right to approve or deny a sale or transfer, but must take action within 120 days of an operator's request. The request must contain such information to determine that the transferee has the legal, technical and financial ability to fulfill the Franchise Agreement. The City received FCC Form 394 — "An Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise" on April 26, 1999. In review of the application package, a supplemental letter requesting additional information/clarification was transmitted on June 15, 1999. Adelphia Communications responded to the request on July 21 and August 3, 1999. Based upon the 120 day review schedule the City Council would have had to act upon the request by the August 17, 1999 City Council Meeting; however, that did not provide adequate opportunity to review the additional materials provided and meet with Adelphia Communications, On July 27, 1999, Adelphia Communications authorized an extension of the review period to September 8, 1999. The Franchise Agreement includes a required two-phase cable system upgrade. Phase One, which has been completed, is the installation and implementation of seven fiber backbone hub sites. The upgrade created three additional channels and improved the reliability and clarity of the system. The second phase is a complete rebuild of the cable plant (electronics). The rebuild will create a minimum of 860 MHz, broadband interactive capability. The Franchise Agreement calls for the second phase of the upgrade to be completed no later than December 21, 2004. The City Council Cable Sub -committee reviewed the transfer request and met with the management of Adelphia and Century Communications. The sub -committee focused on the needed improvements in customer service and the problems associated with the Colorado Call -Center and the time frame for the second phase of the cable rebuild. Based upon meetings with Adelphia, they provided a letter of corporate intent, to create regional call -centers in California within one year of the closing date and to accelerate the cable re -build to be completed in two years of the closing of the acquisition. The closing of the acquisition is scheduled for October 1, 1999. Adelphia Communications is a family owned and operate business. The corporate philosophy is to provide a variety of telecommunications services such as cable services, local and long distance telephonic services and high-speed interactive Internet services. Based upon a recent JD Powers Customer Satisfaction survey, Adelphia Communications provided customer service that was above the industry average. The City will still have the same cable management and technical employees as provided under Century Communications with Adelphia Communication. Based upon the review of the material there has not been any discovery of negative information that would preclude the City from making the finding that Adelphia Communications has the financial, technical, and legal qualifications to ensure the performance of all of the obligations required under the existing cable television franchise, At the City Council Meeting on September 7, 1999 the issue of open access for internet providers was discussed by a representative of the telephone industry. The City Council Cable Sub -committee met with representatives from the telephone industry and internet service providers to discuss open access. Staff will review the issue of open access and bring forth a recommendation at a future City Council Meeting. 1 Worth Mein St eet Oouderspmt, Pa. 18915-1141 Phone (814) 274-9830 Internet www.adeip Frit Wen Chang Mayor City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 Terrence L. Belanger City Manager City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 Dear Mr. Chang and Mr. Belanger: September 15, 1999 r. • C ON Regarding the upgrade of the current distribution system, Adelphia anticipates that the construction of two-way interactive fiber optic network should be completed within twenty-four (24) months after the closing of our acquisition of Century. As we discussed, the rebuild of your system and all our other systems in Southern California is a high priority for Adelphia. Adelphia is growing significantly in Southern California and anticipates having a call center or multiple call centers in the area within a year. This selection process will also be a high priority for the senior management of Adelphia. In the area of customer service, I am attaching a recently released J.D. Powers customer service performance chart that places Adelphia very high among large cable operators and significantly above -the average rating. If you should have any questions or require additional information, you may contact me at (814) 274-6446. Very truly yours, Colin H. Higgin Deputy General Counsel CHH:mh Fey .. Regarding the upgrade of the current distribution system, Adelphia anticipates that the construction of two-way interactive fiber optic network should be completed within twenty-four (24) months after the closing of our acquisition of Century. As we discussed, the rebuild of your system and all our other systems in Southern California is a high priority for Adelphia. Adelphia is growing significantly in Southern California and anticipates having a call center or multiple call centers in the area within a year. This selection process will also be a high priority for the senior management of Adelphia. In the area of customer service, I am attaching a recently released J.D. Powers customer service performance chart that places Adelphia very high among large cable operators and significantly above -the average rating. If you should have any questions or require additional information, you may contact me at (814) 274-6446. Very truly yours, Colin H. Higgin Deputy General Counsel CHH:mh RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND CONSENTING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE BY CENTURY COMMUNICATIONS CORPORATION TO ADELPHIA COMMUNICATIONS CORPORATION RECITALS: A. Citizens Century Cable Television Venture, a joint venture organized under the laws of the State of New York ("Franchisee"), is the duly authorized holder of a franchise ("Franchise") that authorizes the construction, operation, and maintenance of a cable television system within the City of Diamond Bar ("Franchise Authority"). B. On May 18, 1999, the Franchise Authority adopted Resolution No. 99-36, which authorized the assignment and transfer of the Franchise by Franchisee to Century -TCI California, L.P., a Delaware limited partnership. Century -TCI California, L.P. will be managed by Century Communications Corporation ("Century") and will be owned approximately 75% by Century and 25% by affiliates of Tele-Communications, Inc. As of the date of adoption of this resolution, that previously authorized assignment and transfer has not occurred. C. On April 26, 1999, the Franchise Authority received from Century, as the proposed transferor, and from Adelphia Communications Corporation ("Adelphia"), as the proposed transferee, an application for a transfer of control of the Franchise that may become effective either before or after the assignment and transfer of the Franchise to Century -TCI California, L.P. This application included FCC Form 394 entitled "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." Supplemental information relating to the proposed merger of Century with and into Adelphia was provided to the Franchise Authority. D. In accordance with Section 13.12.540 of Chapter 13.12 of the Diamond Bar Municipal Code, the Franchise Authority has the right to review and to approve the financial, technical, and legal qualifications of the proposed transferee in connection with the proposed change of control of the Franchise that may occur either before or after its assignment and transfer to Century -TCI California, L.P. E. The staff of the Franchise Authority has reviewed the documentation that accompanied FCC Form 394 and, based upon the representations set forth in that documentation, has concluded that the proposed transferee has the requisite financial, technical, and legal qualifications to adequately perform, or to ensure the performance of, all obligations required of the Franchisee or of Century -TCI California, L.P. following its assumption of the Franchise. NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF DIAMOND BAR DOES RESOLVE AS FOLLOWS: Section 1. In accordance with Section 13.12.540 of Chapter 13.12 of the Diamond Bar Municipal Code, the Franchise Authority consents to and approves the proposed transfer of control of the Franchise by Century to Adelphia, whether that transfer of control occurs before or after the assignment of the Franchise to Century -TCI California, L.P. Section 2. The authorization, consent and approval of the Franchise Authority to the proposed change of control is conditioned upon compliance by the transferor or the transferee with the following requirements, as to which they are jointly and severally responsible: A. An original or conformed copy of the written instrument evidencing the closing and consummation of the merger resulting in the proposed change of control of the Franchise must be filed in the office of the City Clerk within 30 days after closing and consummation. B. The Franchise Authority will be reimbursed for all costs and expenses reasonably incurred by the Franchise Authority in processing and evaluating the information relating to the proposed change of control of the Franchise; provided, however, that those costs and expenses will not exceed the sum of $5000 and will be set forth in an itemized statement transmitted by the City Manager, or the City Manager's designee, to the transferor and the transferee within 60 days after the effective date of this Resolution. Section 3. Nothing contained in this resolution may be construed to extend the term of the Franchise, which will terminate in its entirety on March 13, 2007. Section 4. The City Clerk is directed to transmit a certified copy of this resolution to the following persons: Clifford A. Bail, Esq. Century Communications Corporation 50 Locust Avenue New Canaan, Connecticut 06840 Randolph D. Fisher, Esq. Vice President and General Counsel Adelphia Communications Corporation Main at Water Street Coudersport, Pennsylvania 16915 Section 5. The City Clerk is directed to certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of 1999. MAYOR I, LYNDA BURGESS, City Clerk of the City of Dimond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Dimond Bar held on the day of , 1999, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk of the City of Diamond Bar CCENTURY COMMUNICATIONS ORORIOONS CORPORATION 50 Locust Avenue New Canaan, CT 06840 203-972-2000 April 22, 1999 Terrence L. Belanger City Manager 21660 E. Copley Drive Suite 100 Diamond Bar, CA 917654177 Re: Century Merger with Adelphia - Request for Consent to Change of Control Dear Mr. Belanger: We are writing to you about an exciting development for Century Communications Corp. and to formally request any consent from you that may be required by the franchise or applicable law. On March 5, 1999, Century Communications Corp. ("Century"), the ultimate parent corporation of Citizens Century Cable Television Venture, the corporation that holds the franchise with your community, entered into a merger agreement with Adelphia Communications Corp. ("Adelphia"). As a result of this merger, Adelphia will become the ultimate parent company of Century and will be the fifth largest cable television operator in the country, serving approximately 5 million subscribers. Additional information about Adelphia is provided in the attached documents. Both Century and Adelphia are excited about the merger. We believe that the combined expertise and initiative of Century and Adelphia will bring our customers superior service and expanded choices in products and services. Our records indicate that the terms of our franchise with your community may require that we obtain consent to this change of control. To provide you with all information necessary to grant consent to this merger we have enclosed three copies of the Federal Communications Commission's (FCC) Form 394. According to the FCC, the Form 394 provides a franchising authority with all of the information necessary to assess the financial, legal and technical qualifications of the proposed new controlling entity. In considering this information, it is important to note that the standard of review for a franchise transfer, in this case a change of control, is different from the standard used to renew a franchise. The issues to be reviewed in the transfer process involve only whether or not the transferee, in this case Adelphia, possesses the legal, technical and financial qualifications to serve as the parent company of the franchisee. Additionally, while the renewal process may take up to 36 months or longer, under FCC rules, a franchise authority has 120 days from receipt of this information to review it and to act upon our request for consent to the merger. Should you 91551.1/C April 22, 1999 Page 2 choose not to take any action within this 120 -day period, under federal law, your consent will be deemed granted. As you know, we forwarded to you in February another FCC Form 394 regarding consent for the assignment of the franchise in connection with the separate Century/TCI transaction. We are requesting that you continue to process the Century/TCI application, since the transaction with TCI will proceed independent of the Century/Adelphia merger. And it is possible that at the time the joint venture is formed Century will not have merged with Adelphia. In your consideration of these applications though, please allow for the possibility of either transaction closing first. This will save the community valuable time and resources in the review process and give Century and Adelphia needed flexibility in closing these transactions without placing additional burdens on the community. For your convenience, we have attached a draft resolution which can be used as a model for granting consent. We would hope that you could place this resolution on the agenda for your next meeting. To the extent that you desire to change the form resolution, we would appreciate being involved in that process to ensure that the final language of the resolution you adopt will meet the requirements of the Century/Adelphia Agreement. We hope you will find the prospect of the Century/Adelphia merger as exciting as we do. Please keep in mind that even after the transaction is completed, the franchise will continue to be held by the same franchisee, and there will be no change in local management. The franchisee will continue to be bound by all of the terms and conditions of its franchise agreement with you, and the only change will be that the franchisee will have a new parent. We would be happy to discuss the proposed transfer in more detail and to answer any questions you may have. Please feel free to contact me at 310-315-4476 or Lee Perron, my Vice President of Corporate Affairs, at 310-264-8043 or the individual at Adelphia listed in the enclosed Form 394. We look forward to continuing to serve the cable needs of your community. Very truly yours, William I Rosendahl Senior Vice President 91551.1/C Federal Communications Commission Approved By OMB Washington, DC 20554 FCC 394 3060"0573 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE FRANCHISEFOR AUTHORITY USE ONLY SECTION I. GENERAL INFORMATION DATE April 19, 1999 1. Community Unit Identification Number: CA13 9 4 2. Application for: 7 Assignment of Franchise ® Transfer of Control 3. Franchising Authority: City of Diamond Bar, CA 4. Identity community where the system/franchise that is the subject of the assignment or transfer of control is located: City of Diamond Bar 5. Date system was acquired or (for system's constructed by the transferor/assignor) the date on which service was provided to the first subscriber in the franchise area: October 15, 1997 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the system to transferee/assignee: State ZIP Code 3rd Quarter 1999 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this application that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application. PART I - TRANSFEROR/ASSIGNOR 1. Indicate the name, mailing address, and telephone number of the transferor/assignor. Exhibit No. N/A Legal name of Transferor/Assignor (if individual, list last name first) Century Communications Corp . , Parent of franchise holder, Citizens Century Cable Television Venture Assumed name used for doing business (if any) Mailing street address or P.O. Box 50 Locust Avenue City State ZIP Code Telephone No. (include area code) New Canaan CT 06840 203/972-2000 2. (a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade, business, pricing or marketing information, or other information not otherwise publicly available, may be redacted). (b) Does the contract submitted in response to (a) above embody the full and complete agreement between the transferor/assignor and the transfereelassignee? If No, explain in an Exhibit. Exhibit No: 1 [N Yes E] No Exhibit No. N/A FCC 394 (Page 1) September 1996 PART 11 - TRANSFEREE/ASSIGNEE 1. (a) Indicate the name, mailing address, and telephone number of the transfereeiassignee. Legal name of Transferee/Assignee (if individual, list last name first) Adelphia Communications Corporation Assumed name used for doing business (if any) Mailing street address or P.O. Box Main at Water Street City State ZIP Code Telephone No. (include area code) Coudersport �PA 16915 1814/274-9830 16915 (b) Indicate the name, mailing address, and telephone number of person to contact, if other than transferee/assignee Name of contact person (list last name first) Randall D. Fisher, Esq. Firm or company name (if any) Adelphia Communications Corporation Mailing street address or P.O. Box Main at Water Street City State ZIP Code Telephone No. (include area code) Coudersport �PA 16915 1814/274-9830 (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional. person Exhibit No. who should be contacted, if any. 2 (d) Indicate the address where the system's records will be maintained. Street Address Main at Water Street City State ZIP Code Coudersport PA 16915 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. Exhibit No. 3 FCC 394 (Page 2) September 1996 SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee/Assignee is: ® Corporation 7 Limited Partnership 7 General Partnership 7 Individual a. Jurisdiction of incorporation: d. Name and address of registered agent in Delaware jurisdiction: b. Date of incorporation: CSC Networks 07/01/86 1013 Centre Road c. For profit or not-for-profit: Profit lWilmington, DE 19805 a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: Other. Describe in an Exhibit. Exhibit No. N/A 2. List the transfereetassignee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully - the lettered items below refer to corresponding lines in the following table.) (a) Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then directors and, thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relationship to the transferee/assignee (e.g., officer, director, etc.). (d) Number of shares or nature of partnership interest. (e) Number of votes. (f) Percentage of votes. (a) See Attachment) (b) (c) (d) (e) (fl FCC 394 (Page 3) September 19% d R to C O O _ L C o E c m =o °> c O a O V O u ae >, N 0 - N O ry ry V N u a A N ',�$ macmQ a ° N Be 1Q U� aEi � U `c A d u m N c d 3 R N r E ae d' ae L Qom• O� R U R O ae N? AS r N A R :3 O L u1 _ C Cr S to wv ^^^ pi N r d C `if d mONOU C C vi C 2:- R C d N fC0 V L C C �N a u = a u d m m E c > d c c< .d R y A a aN d r - CL L Uv>i22m Ria L J d � ,Li, d � IVa j N O C mQ W, R «� po�� c R u`doY c > d r _V c N v adi c o w a m 0 R R C N Q C O c v O'E a u d N O C ae� 7 L C W ` O d a E. `l Q% N A` d W C O t 'NOCD a O N m OWC •�1) u y66 � A c W E C R ° %n h p !� C r d V '•' O d 0 N 0 d Z 00 ,dn Ld V ` d O 1-7 L ae O CU c E�LN- J c a REEQl Z E u Z Z a u 0 N u•o is R O N < N O _ n << uu N N C o E °> e6 R N ^O uu < < co u ae >, N - N O ry ry V N u a A N ',�$ macmQ a ° N Be 1Q U� IaON Ua �vUU � U 2255OU uu omg- m ov E c� U p0U m< d:p er8 E O N E ae d' ae C ee O�O+w1 Rm N N Ima 0 yOjC p m �,ri�p N A R cSln�ri ° R U R O ae N? AS r V �cy,�OUOB`�m_ N u1 _ C Cr S to wv ^^^ pi N r d `if d mONOU C C O L C L C C C L C C u d m m c > d c c< a d A Y E E A° a° m m_ Uv>i22m �,L" 4 amaa�Uv>i=Sm ,Li, n i ; N rn CD V E a N N _V c N eC VaRiD ORO � O > mOG� C C ~ N � ar- d be ae� 7 L C W p O N cu d O 'C INa A O C 7 N t C <UVccoC�u u O �iiH�aCC1 O INp d C `�Q ° m a, d C a m o 0 p o> >ae0 oao ^ R � • d > .o E N c L N O — de O ae��o m E_„ v d U c m N OLy� — t' d O NcCa Otl� R d N a DL N >R d N ja dL N d d E A'C V d L V E E A <0 u° C R o L^ U �= R o � o u>i O Vf d O L L S L 0 a u3 o R a a a —a L R y ° v � 7 p Z Z Z Z 3. If the applicant is a corporation or a limited partnership, is the transferee/assignee formed under the M Yes ® No laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? The Transferee is in the process of qualifying the Transferee to transact business in the jurisdiction where the system operates. If the answer is No, explain in an Exhibit. Exhibit No. N/A 4. Has the transferee/assignee had any interest in or in connection with an applicant which has been Yes ® No dismissed or denied by any franchise authority? If the answer is Yes, describe circumstances in an Exhibit. Exhibit No. N/A 5. Has an adverse finding been made or an adverse final action been taken by any court or ❑ Yes ® No administrative body with respect to the transferee/assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authorization (including cable franchises) to provide video programming services; mass media related antitrust or unfair competition; fraudulent statements to another government unit; or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, Exhibit No. including an identification of any court or administrative body and any proceeding (by dates and file N/A I i numbers, if applicable), and the disposition of such proceeding. 6. Are there any documents, instruments, contracts or understandings relating to ownership or future F-] Yes ® No ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non-voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? If Yes, provide particulars in an Exhibit. Exhibit No. N/A 7. Do documents, instruments, agreements or understandings for the pledge of stock of the 7 Yes ® No transferee/assignee, as security for loans or contractual performance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default, there will be either a private or public sale of the stock; and (c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attach as an Exhibit a full explanation. Exhibit No. N/A SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from ® Yes R No committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally Exhibit No. accepted accounting principles, including a balance sheet and income statement for at least one full 4 year, for the transferee/assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under local law. SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications, experience Exhibit No. and expertise regarding cable television systems, including, but not limited to, summary information about 5 appropriate management personnel that will be involved in the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. FCC 394 (Page 4) September 1996 SECTION V. CERTIFICATIONS Part I - Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. Part II - Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transfereelassignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. SignMure I CERTIFY that the statements in this application are true, ' and are made in good faith. complete and correct to the best of my knowledge and belief WILLFUL FALSE STATEMENTS MADE ON THIS FORM and are made in good faith. tic ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. WILLFUL FALSE STATEMENTS MADE ON THIS FORM a U.S. CODE, TITLE 18, SECTION 1001. ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. Print full name Esq. U.S. CODE, TITLE 18, SECTION 1001. Scott Schneider Individual General Partner Check appropriate classification: Other. Explain: Vice President and General Counsel Individual General Partner Corporate X (indicateTitle)Officer Other. Explain: Sr. Vice President,Chief Financial Officer Part II - Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transfereelassignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. FCC 394 (Page 5) September 190 Signature I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief ' and are made in good faith. WILLFUL FALSE STATEMENTS MADE ON THIS FORM Date April 19, 1999 ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. Print full name U.S. CODE, TITLE 18, SECTION 1001. Randall D. Fisher, Esq. Check appropriate classification: Individual General Partner n Corporate eOTitlef Other. Explain: Vice President and General Counsel FCC 394 (Page 5) September 190 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO TO: Honorable Mayor and Members of the City Council MEETING DATE: September 21, 1999 REPORT DATE: September 14, 1999 FROM: Terrence L. Belanger, City Manager TITLE: 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: The proposed ordinance will affect waste hauler permitting, and waste prevention and recycling programming in the City of Diamond Bar. 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 service 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 City Council. The modifications are described in the attached staff report. The proposed ordinance address 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 len for the City 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 $10,000 per day. RECOMMENDATION: That the City Council re -introduce Ordinance No. XX (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: R IE D -'—, lmxw'�e Terrence L. Bel r kAes DeStefaijo avid G. Liu City Manager Deputy City Mahager Deputy Director of Public Works C:hm CITY OF DIAMOND BAR MEMORANDUM MEETING DATE: September 21, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AN ORDINANCE OF THE CITY OF DIAMOND BAR CITY CODE 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 7t' 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. Discussion First, this staff report addresses the above-mentioned concerns. Following, specific revisions are identified to address these concerns. Then, the revised to be rc-introduced ordinance is discussed. Concerns from the Council and Public 1. Bulky item and household hazardous waste collection The key concerns with these items are with cost (as noted by the permittees), the fact that these items were not previously considered in the Solid Waste Standards Task Force (Task Force) meetings and Town Hall meetings, and they might detract or interfere with the PAYT program. In a franchise or exclusive system, staff have found bulky items and HEW services Staff Report to City Council, September 21, 1999 N ranging from limited to unlimited bulky item collection, and provision for HHW collection either door-to-door or through a limited number of round ups. The key word is exclusive or franchise, in that a service provider is given the right to collect refuse in a jurisdiction, with such services as bulky item pick up ordinarily provided in exchange as complimentary or at cost. In Diamond Bar, complimentary services are provided to City parks, City Hall, and Concerts in the Park. Currently, up to four bulky item collection days are provided to all residents free of charge. This level of service came about because of an agreement with the permittees in 1993 and 1994 when the existing City Code was revised. Permittees are concerned that expanding the number of bulky item pick-ups will be costly, and that residents may take advantage of the bulky item pick-ups to subvert the PAYT system. Residents likewise voiced concern with bulky item pick-ups not being a PAYT subsystem. Both permitees and the public indicated their displeasure with the item not being specifically identified in the Task Force proceedings. The existing code states that a permittee must provide no less than four pick-ups of bulky items annual to all residents. This means that more can be provided and this can be addressed in a permit or City Manager order as part of any negotiated agreement. It is recommended that the existing ordinance be left as is without any change in the required minimum of bulky item pick-ups. With respect to HHW collection, the criticism was raised that it too can be very costly, as would be indicated in the phrase "at the permittee's sole expense..." The proposed ordinance does, however, specifically state that the permittee shall provide for HHW collection on a fee for service basis, in which the customer can order the service and would then pay for the service. However, the City Manager did correctly identify the inconsistency between the phrase "...at the permittee's sole expense..." and the phrase "... fee for service..." To eliminate this inconsistency, staff has deleted the phrase "...at the permittee's sole expense..." from the proposed ordinance provision. 2. Amount of discount for any pay as you throw (PA Y7) collection system and Potential rates and impacts ofPAYT The Council, the permittees and the public all disagreed with the proposed rate scheme for PAYT containers, in which the largest container is the basis for setting the base rate and then smaller containers are discounted based on reduced disposal and equipment costs. The public disagreed as to whether the percentage discount was either appropriate or insufficient. The permittees indicated that they felt the percentage discount was too much, that the actual savings from smaller containers and diversion were insufficient to fund the differential. Council was unsure of the amount of the discount, and desired further information about similar systems. The percentage discount was developed by staff based on a review of other programs utilizing PAYT, and it was based on the largest volume container. This proposed rate structure was floated among the public at the three Town Hall meetinis, but no negative comments were received until the Council meeting on September 7 . However, staff also believes that rates could be more appropriately developed using a smaller container as the PAYT base in a variable container rate scheme. In this way, the permittees base their rates on a smaller rather than the largest container. This allows them Staff Report to City Council, September 21, 1999 to recoup the bulk of their capital and operational costs without a fear of significant lost revenue. Lost revenue could occur if rates are based on the largest container and residents all choose the smallest one. The converse of this is that permittees could receive a windfall if many residents still decide to choose larger containers. Staff believes that by requiring permittees to furnish both recycling and refuse services at one rate, thereby providing recycling and green waste carts as part of the base rate, that the potential for rate windfall is reduced to an acceptable level. Therefore, the proposed ordinance provisions related to rates are revised to reflect this opinion. In addition, the actual percentage discount was debated. Staff provides a sampling of rates (see Table 2) for a variety of jurisdictions that documents that the percentage differentials are appropriate. It is just that the "discounts" are no longer to be viewed as "discounts." Rather, the differentials are to be viewed as rate surcharges reflecting the increase in cart size, disposal charge, and a penalty for increased waste generation. 3. Size and handling of residential containers There were issues raised about the size and handling of containers. At this point, the proposed sizes of containers will be 35 gallons, 64 gallons, and 100 gallons. These are all standard sizes, but all residents will be issued a standard 64 -gallon container first as a rule. Each additional or larger container shall require a surcharge as identified in the proposed ordinance. The smallest container, a 35 gallon cart, would have the minimum rate, which is about 20% less than the 64 gallon cart rate. The surcharge shall be exactly the same as the rate step increase for the next size cart. It is expected that 75% of households will choose the 64 gallon container based on its flexibility and on experience in over 200 California cities. Any other issues such as set out, set out location, storage, storage location, care, replacement, and set out and take in times are either already covered by the City Code or can be dealt with in permits or operational requirements of the permittees, with the exception of the closed lid. Staff has included a provision that requires all carts to be stored and set out with lids closed. 4. Lack of any specific reference to post -collection processing It was raised by one permittee that the proposed ordinance did not reflect the choice customers have with respect to use of post -collection processing since it appears to require permittees to provide a recycling cart. The position of the City with respect to post - collection processing is that it constitutes a disposal mechanism. However, the proposed ordinance does not actually require each permittee to provide a recycling cart. As stipulated in the proposed ordinance, the recycling cart is to be distributed "... at the direction of the City Manager." If a permittee can provide for post -collection recycling at a materials recovery facility, then the recycling cart need not be distributed. This also is the situation for all bin -served accounts. Revised Ordinance The attached draft ordinance revisions amend the City Code in significant ways affecting waste hauler permitting, and waste prevention and recycling programming in the City of Diamond Bar Staff Report to City Council, September 21, 1999 4 (City). Several amended provisions are proposed addressing yard waste collection, rate restructuring for residential and commercial accounts, refuse containers and an automated collection system, public education, and recycling service provisions for all generating sectors. These changes are summarized beginning on the next page. • Sec. 8.16.070, Residential refuse containers, is amended to require permittees, upon the direction of the City Manager, to provide each resident with a standardized automated recycling container of no less than 64 gallon capacity for the purpose of storing commingled recyclables. It further provides that each resident must be supplied with up to a 100 -gallon standardized automated container for storing yard wastes for recycling. • Sec. 8.16.230, Collection charge, is amended to explicitly include the term recyclables in the refuse collection rate as is the current practice, and to require permittees to eliminate any rate inequities, subsidies, and penalties that reward wastage and penalize prevention. Sec. 8.16.450, Service Provided; Specific, is amended to require permittees to implement pay - as -you -throw (PAYT) rate systems for all barrel and bin accounts. It also stipulates that permittees shall implement residential automated refuse collection and recycling by January 1, 2000 (i.e., to initiate public education and actions intended to assure the distribution and start up of PAYT and automated curbside recycling by July 2000). It further contains provisions that allow permittees to extend financial incentives to residential and commercial customers who prevent waste including grass cycling, home composting, and source reduction. The above -identified section also requires permittees to provide cost -competitive waste prevention and recycling systems to all multi -family and business accounts. • Finally, several amendments are proposed including forbidding anyone from knowingly disposing recyclable materials unless such materials are not collected by a permittee; assuring closure of cart lids; and adding new definitions to further define solid waste. The proposed ordinance addresses the principal concern of the City with regards to maintaining the competitive nature of the existing waste management system while creating further incentives and requirements designed to allow the City to meet AB 939 diversion mandates by year 2000. The ordinance changes are necessary because there is less than one year left for the City to demonstrate compliance with the 50% diversion mandate. Based on recent unofficial data, the City needs no less than 9% diversion to reach 50%, and perhaps as much as 20% diversion. If the City were not to comply with the mandate, there is the risk of fine in the amount of $10,000 per day. The probable programs to emerge from the ordinance will include yard waste recycling, commingled materials recycling, PAYT rate system, recycling service provisions, and recycling at all multi -family residences and businesses. Other cities have implemented such programs, and they have reported positive success. Similar programs are identified below. Table 1 Comparative Rates for Cities with Similar Systems in East San Gabriel Valley Monrovia: $10.13 base rate (BR) (w/yard waste and No franchise fee (FF) but some funds 3 -barrel recycling) rebated to city monthly ($12,000). City is system $1 other fees automated with yard waste and curbside S 11.13 monthly total rate TR recycling. La Puente: $10.87 BR (w/ recycling and yard waste) Automated with yard waste and curbside 3 -barrel $1.20 FF recycling. Staff Report to City Council, September 21, 1999 stem $12.07 NM Residential waste is taken to MRF Walnut: $9.13 BR FF is set at 15% or $1.50 per household 3 -barrel $1.50 FF W/ AB939 fee: $0.20 for two years. Franchise is for a period of system $2.30 w/ recycling eight years. $2.93 w/ yard waste Yucaipa $16.06 MTR -Table continued nextpage- Baldwin $10.51 BR Hauler has not taken cost of living Park: $1.30 FF adjustment for last two years. Franchise is 2 -barrel $1.16 w/ recycling for a period of 12 years, of which at least stem $12.97 MTR 10 years remain. West $13.21 BR (w/ 90 -gal yard waste) Automated collection with two barrels, Covina: $1.39 FF one for greens and the other for refuse. 2 -barrel $0.14 other fees Resident chooses between 60 gal and 90 system, one $14.74 MM (60 -gallon trash barrel) gal container (higher rate for larger for MRF & $17.66 MTR (90 -galloon trash barrel) container). Trash container goes to MRF. one for yard $18.49 - 1-60 gal cart green waste collection free waste $5.85 - flat rate (all pay) Two tiered rate includes flat fee & per Diamond $13.25 BR (w/ recycling) City gets no FF. Semi -automated system Bar: $0.35 w/ AB939 fee of collection only. Recycling cost not $13.60 MM itemized on billing to residents. Free compost containers to residents not offered Note: All haulers not included in rate I in any other city at cost of $40 ea, Table 2 Variable Rates for Selected Communities fall rates are monthly) West Covina $14.74 (60 gal w/green wastes) Residential waste is taken to MRF A County] $17.66 90 gal w/green wastes Green waste barrel is provided in fee San Jose $13.95 - 32 gal w/ R+ GW 87% use the smallest can $24.95 - 64 gal w/ R+GW $37.50 - 96 gal w/ R+GW Yucaipa $10.17 - 30 gal w/ R+GW Three barrel system $13.29 - 60 gal w/ R+GW $16.43 - 90 gal w/ R+GW Fontana $18.16 - standard rate for 90 gal Each add'l container = $3 Rialto $14.97 - 40 gal Recycling = $1 ea container $15.62 - 60 gal Extra trash containers = $2 ea Redlands $16.00 - 2-60 gal carts Recycling & green waste no additional $16.55 - 1-60 gal & 1-90 gal cart charge $17.10 - 2-90 gal carts Loma Linda $15.79 - 1-60 gal cart Three barrel system, w/ recycling & $18.49 - 1-60 gal cart green waste collection free Seattle, WA $5.85 - flat rate (all pay) Two tiered rate includes flat fee & per $9.35 - each 10 gal can (micro can) can charge plus unlimited recycling $11.50 - each 19 gal can (mini can) $15.00 - each 30 gal can (standard) Flat fee of $3 per month for green waste Bulky items: $25 each The above table identifies a number of randomly selected communities that have implemented PAYT. The average cost differential between cart sizes is $3.61. Differentials range from 4% to 84%. The mean is 25%. For Diamond Bar, a standard rate step differential of 20% is proposed. Based on the above rates, the City could expect a future rate structure for barrel -served residential units ranging from $10 to $18 per month depending upon a host of factors including but not limited Staff Report to City Council, September 21, 1999 6 to size of barrels, collection system, incentives, and any city fees. Diversion rates from these residential systems range from 15% to 25% depending again upon a variety of factors. Commercial sector systems are less known and studied. There is no rule -of -thumb as to the cost and diversion impacts from implementation of waste prevention and recycling programs. A specific question concerns the curbside commingled recyclables and green waste collection. The existing mechanism for recovery of all residential collection system charges by permittees, as allowed by City Code, is to levy one charge that automatically includes recycling services. Whether residents avail themselves of the service has been a voluntary decision. The proposed ordinance mandates participation by banning the disposal of readily recyclable materials in all generating sectors. In addition, the proposed ordinance provides some relief from cost, if waste prevention actions are undertaken by customers and the smallest refuse container is selected. It is important to note that certain changes were made to the original draft ordinance first presented on June 1, 1999. These changes are reflected in the proposed ordinance and include the following significant items: ■ Added definitions. • Changed the mechanism for PAYT from discounts to surcharges, allowing permittees to set a reasonable fee for the smallest container and then increasing larger containers based on cost, disposal charge, and penalty for increased waste generation. • Changed multi -family and business sector permittee requirements dictating permittees must provide cost effective services rather than just offer such services. ■ Added permittee requirements to offer or arrange for on-call fee-for-service collection for household hazardous wastes. ■ Added a phrase indicating that the City Manager directs permittees to supply the recycling container and/or service, thereby allowing permittees to utilize post -collection mixed waste processing in lieu of separate collection for recyclables for any residential and commercial accounts. Financial Summary The costs of implementing the provisions of the proposed 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. Recommendation That the City Council re -introduce Ordinance No. XX (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. Liu/J. Michael Huls ORDINANCE NO. XX (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 definition 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 recvclina 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 recvclina. 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 deleting subsections (b) through (h), and adding the following new subsections (b) through (4) (g), to read as follows: (b) At the specific direction of the City Manager, the permittee shall provide an automated standardized container capable of storina no less than 14 64 gallons of acceptable commingled recyclables 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) The permittee shall provide an automated standardized container capable of storing no less than 64 Gallons of acceptable Yard waste includina crass 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 the Permittee. However, barrel -served customers can opt to purchase their containers from the 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 the a permittee. (g) Except with placed in accordance with section B. 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 potentia/ 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 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 deviceunless such material is not collected by the a permittee. The A permittee, vtihapo shall collect or provide collection for up to 15 gallons or 125 pounds of select household hazardous waste per annum per household on a fee for ow service basis The HHW shall only include used motor oil, water- based paint car and household batteries, and anti -freeze. SECTION 5: Sec. 8.16.230. (a) Collection charge, is hereby amended to read as follows: (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 sempestable yard was 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 the sify 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. 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: The permittee shall provide the following specific services as described in subsections (1) through 44) (20) of this section. These services shall be in addition to any requirements, K additions, policies and procedures as may be established by resolution of the City Council from time to time hereafter. (15) The 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% cost -consumer content plastic, and shall be available in capacities ranging from 35 gallons to a maximum of 100 -gallons espeami -4-WWOR is 64 61W" ems_ i . Additional refuse containers will be provided upon request of the resident at a surcharge as described in subsection 16. (16) The permittee shall 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 feo must be developed, subject to City Manager approval, assuming a single standardized refuse container of 64 400 gallons capacity, in accordance with Section 8.16.230 (a) Collection Charge. A different container (i. e. , 35 -gallons or 100 --gallons capacity) can be supplied upon reauest 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 for a 64 gallon container. The resident may request additional refuse containers of any standard size. However. such containers would be subject to a surcharoe to be determined by the 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), the permittee shall develop an incentive -based rate structure that is subject to City Manager approval and that meets the requirements of Section 8.16.230 (a). Collection charge. (17) Upon the direction of the City Manager, the 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) The permittee shall implement a vard waste collection proaram with all sinale- family residents consisting of at least a 64 -gallon container with wheels and lid. Residents who practice yard waste composting and grass cyclina, 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 confirmation that the resident has participated in a City -sponsored home composting seminar. (19) The permittee must provide cost -competitive multi -family residential unit recycling systems to any owner/manager of mufti -family residential customer complexes. Such systems require the approval of the City Manager. (20) The 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 '1999. 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 _ 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, solid waste, debris and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, *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 new 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, § 13.00.010 et seq. State law references—Garbage and refuse disposal, Public Resources Code § 49000 et seq.; authority to grant franchise, Public Resources Code § 49059. Supp. No. 4 CD8:34.9 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 fee means the fee or assessment set by the city which is intended to offset the city's expenses in administering this chapter and to compensate the city for the costs associated with compliance to the state Integrated Waste Management Act of 1989 (AB 939). Any fee or assessment imposed under this chapter, shall be those which the city council may from time to time hereafter approve by resolution. Animal waste means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. Bins means those containers provided by 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 commercial sources, excluding single-family residential solid waste. Commercial unit means any commercial business, industrial complex, certain multifamily units, any mobilehome 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 putrescible and nonputrescible solid and semisolid material generated in or upon, related to the occupancy of, remaining in or emanating from residential or commercial/industrial units, such as ordinary household garbage, refuse, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, as well as, dead animals of less than 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 or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition. Industrial waste means all solid waste and semisolid waste which results from industrial processes and manufacturing operations. Supp. No. 3 CD8:36 HEALTH AND SAFETY § 8.16.020 Multifamily units means residential units such as apartments, condominiums and townhomes, other than single-family dwellings, which utilize bins or other containers as defined in this chapter, for the collection of solid waste and recyclables. Municipal solid waste means all solid waste generated withiii'the city which is designated for collection under this chapter. Occupant means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence. Permit means the written authority by 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, firm, corporation, association, or group or combination acting as a unit that has been authorized by the city council to collect refuse within the city pursuant to this chapter. Public highway means any public street, alley, road, public place or highway, except state freeways, open to and used by the travelling public and not used as a private right-of-way within the city. Recyclable material or recyclables means any material generated on or emanating from residential or commercial/industrial units which is no longer useful or wanted and has the potential of being reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the state Integrated Waste Management Act of 1989 (Public Resources Code § 40050 et seq.). Such material may include, but is not limited to paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other plastics, beverage containers, compostable materials, used motor oil and such other materials designated by 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, and weight prescribed by the city council by resolution and delivered to residences covered by this chapter, for the temporary storage and collection of recyclables. Refuse collector means any person or persons, firm, copartnership, joint venture, associ- ation or corporation engaged in the collection, transportation and/or disposal of solid waste and/or recyclable materials. Supp. No. 3 CD8:37 § 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 any 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 bin used by 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. ?/ruck 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 or other charge or consideration, and that no such materials are 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 demolition 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 equipment and facilities to collect and transport any or all refuse, compostables and recyclables which a permittee would otherwise be obligated to collect and transport pursuant to this chapter. A permittee agrees that in such event it will fully cooperate with city to effect such a transfer of possession 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 § 8.16.050 immediately relinquish possession of all of the abovementioned property to a permittee upon receipt of written notice from a permittee to the effect that it is able to resume its normal responsibilities under this chapter. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.050. Hours of collection. (a) Collection from residential areas shall be made between the hours of 6:30 a.m. and 6:30 p.m., on weekdays only. Collections from commercial and industrial locations may begin at 6:00 a.m.; provided, however, that the permittee's operations do not disrupt the peace and Supp. No. 5 CD8:40.1 HEALTH AND SAFETY § 8.16.070 quiet of adjoining residential neighborhoods. The city manager may require a permittee to change hours of operation in commercial and industrial areas if it can be determined that the operations have a detrimental effect upon the peace and quiet of adjoining residential neighborhoods. (b) In order to prevent problems of traffic, noise, wear and tear to public highways, or other problems having the potential to adversely affect the health, safety, and the general quality of life of the community, the city council may, by resolution, regulate the routes, intervals, delivery points, and days for collection by permittees operating within the city 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 container provided by 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 when filled within four inches of the top shall contain all refuse which would ordinarily accumulate on such units between collections. The exterior of such containers, including covers, shall be kept clean from accumulated grease or decomposing materials. Except when placed in accordance with section 8.16.090 hereof for collection purposes, refuse containers shall be kept and maintained only in storage locations permitted by the 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) A permittee shall provide a container(s) or suitable alternative, as approved by the city manager, capable of storing a minimum of 36 gallons of commingled recyclables as defined by this chapter. It shall be the duty of every tenant, lessee or occupant of any residential unit to maintain 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. (f) 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) Sec. 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 of 50 -gallon capacity or more is specifically prohibited. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.090. Placement of containers for collection. It shall be the duty of every person having charge and control of any residential or commercial unit to set out or place containers or bins for the collection of refuse, recyclables, compostable materials, miscellaneous debris and combined rubbish and/or other solid waste, as follows: (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 HEALTH 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 any place 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 any place or in any manner other than hereinabove provided, or at any time other than the days established by the city for the collection of such refuse or recyclable material on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all containers and bins shall be removed from the place of collection prior to 10:00 p.m. on the day the containers and bins have been emptied. (b) Each owner, occupant, tenant or lessee of a residential or commercial unit shall maintain the same in a sanitary condition. Should any container or bin not be emptied and the contents removed on the date and time scheduled by the permittee, they should immediately notify the permittee or the city, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal of the refuse. (c) Refuse, recyclables, compostables, salvage and other special waste, as defined herein, which exceeds the limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval of above-mentioned occupant of the premises and subject to any requirements set forth in the permit. (d) No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the city, or a permittee's agents or employees authorized for such purposes shall tamper or meddle with any container or bin used for the collection of refuse and 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 the 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 all other 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) Sec. 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 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. A permittee 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 in containers that have been placed at curbside at no additional charge to service recipients. A permittee shall exercise 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. Supp. No. 3 CD8:45 § 8.16.140 DIAMOND BAR CODE (b) No person shall bum, 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 time other 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 intrusive on the community with respect to noise, emissions, maneuverability, safety, fuel efficiency, and other factors necessary to minimize the impacts of the permittees' services. The city manager shall require the permittee to remove from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom. (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 8:00 p.m., shall leave a refuse truck parked on any public highway for more than one hour unless the city manager is notified that a breakdown or emergency exists. (Ord. No. 02(1996), § 2, 2-6-96) Supp. No. 3 CD8:46 HEALTH AND SAFETY '§ 8.16.200 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 shall be recharged as needed, but not less than once annually. Vehicles shall be equipped with a shovel and broom to clean up any spillage (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.190. Same—Specification and restrictions. All trucks used for refuse, recyclables or compostable materials collection within the city shall be required: (1) 'Ib 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 patrol biannual inspection of terminals. Proof of inspection shall be made available at the discretion of the city manager at any point of operation. The permittee shall not use a vehicle that has failed to pass a vehicle inspection. (b) A decal may be issued by the city for each truck complying with provisions of this chapter which shall be placed on the truck in a conspicuous place. (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 staffed for personal contact between 8:00 a.m. and 5:00 p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking me8sages. (Ord. No. 02(1996), § 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 service. (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 compostable collection service is made available. The charge so fixed shall be a civil debt due and owing to the city or permittee from the owner or occupant of the residential or commercial unit to which the collection service is made available. The city council hereby specifically finds and determines that the periodic collection of refuse and rubbish from all residential and commercial units benefits all occupants and residents of the city; provides for the health, safety and welfare of all persons in the city; and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant avails himself of such collection service. (b) Rate adjustments. The permittee shall provide the city and the owner or occupant of each residential or commercial unit that receives collection services, at least 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 bill 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 15 "percent discount to each household in which the head of household is 60 years of age or older. This discount is applicable to all services rendered by 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 may be amended. In the event that AB 939 or other state or federal laws or regulations enacted after this chapter has been enacted prevent or preclude compliance with one or more provisions of this chapter, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. The city specifically retains the right to repeal, amend, add to, or modify each and every provision of this chapter. (Ord. No. 02(1996), § 2, 2-6-96) See. 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. 8.16.260. Penalty for violation of chapter. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished 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 law 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 within the 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, permit, or otherwise, either with or without competitive bidding. The city council has now therefore determined, pursuant to Public Resources Code § 40059(a)(1), that the public's health, safety and well-being require that permits be granted to qualified solid waste contractors for solid waste collection, recycling, composting and disposal services in residential, commercial, construction and industrial areas within the city. (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 in accordance with the provisions of this chapter. The city may from time to time issue permits to those parties meeting the criteria of this chapter and such other standards as may be established by resolution of the city council regarding the collection of solid waste from 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 or disposing of any solid waste, recyclable material, or compostable material, or other *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 transport the 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 the city and pay a permit application fee as may be established by resolution of the city council. To the extent permitted by law, the information submitted in the application shall be kept confidential. Each permit application shall be filed with the city manager or his designee and shall include, at a minimum, the following information: (1) Name and description of the permittee. (2) Permanent business address and address of local office of the permittee. (3) Trade and firm name. (4) If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses. (5) Facts indicating that the permittee has arranged for refuse disposal in an area where the same may be legally accepted and disposed of as directed by the city. (6) The type of solid waste, recyclable material, hazardous or infectious waste to be collected in each of the applicable areas: residential, commercial, 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 available for use in refuse collection area. (13) A written statement that permittee has complied with or is capable of complying with all regulations imposed by the county 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. The permittee shall pay or collect, as the case may be, an AB 939 administrative fee, as may be established by separate resolution of the city council and from time to time amended hereafter. Any fee established pursuant to this section shall be payable by the permittee to the 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. 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 CD8:53 § 8.16.430 DIAMOND BAR CODE 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 all renewals 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 expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, 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 any place where the permittee stores or disposes of municipal solid waste pursuant to this chapter. The foregoing indemnity is intended to operate as an agreement pursuant to section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA," 42 USC § 9607(e) and Health and Safety Code § 25364, to insure, protect, hold harmless and indemnify the city from liability. Supp. No. 5 CD8:54 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 CD8:55 § 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. Thd 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. 0) 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. 8.16.440. 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 city council. In granting, conditioning or denying the permit request, the city manager and the city council may take into consideration factors, including, but not limited to, the following: (1) The ability of the permittee to comply with standards and requirements enumerated in this chapter or such other standards as may be established by resolution of the city council. 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 shall be made in whole or in part by the permittee without the express consent of the council. In the event any assignment or transfer is authorized by the council, the assignee shall assume the liability and all other obligations of the permittee. Each permittee shall file, on or before July 1 of each calendar year, with the city clerk, a statement of ownership and shall verify the same as being true and correct under penalty of perjury. A permit issued under this chapter shall not grant the permittee rights under 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. A permit may be revoked at the option of the council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the council. If it is determined by the city manager that 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 CD8:56.1 § 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 shall provide collection service for such route on 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 compostinglorganic 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 month selected 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 (if 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, and shall, 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 of 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 share 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 each 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, at a 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 be 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 application fee 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 N0. TO: Terrence L. Belanger, City Manager MEETING DATE: September 21, 1999 REPORT DATE: September 15, 1999 FROM: Bob Rose, Community Services Director TITLE: Consideration of Budget for In -House Recreation Program SUMMARY: The City Council approved coming in-house with the operation of the recreation program at their August 17 meeting. Staff has developed a budget to provide these services to the Diamond Bar community. Expenditures are expected to be $641,337, revenue $508,220 and a projected net cost of $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, revenue of $493,230 and a net cost of $179,616. Staffing levels for both the in-house budget and the Brea proposal are comparable. Diamond Bar is able to offer the program in-house for less money because Brea adds a 22% overhead charge to their costs. RECOMMENDED ACTION: It is recommended that the City Council approve $641,337 in annual costs for the in-house recreation program, with expected revenue of $508,220, for a projected net cost of $133,117. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: Recommended Budget Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes X No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: - qlu!�f� Terence L. Belar City Manager James DeStefa Deputy City Man ger Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: September 21, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of Budget for In -House Recreation Program Issue Statement With the operation of the recreation program coming in-house, it is necessary to approve the funding level for staffing and programs. Recommendation It is recommended that the City Council approve $641,337 in annual costs for the in-house recreation program, with expected revenue of $508,220, for a projected net cost of $133,117. Financial Summary Expenditures: $641,377* Revenue: $508,220 Net Cost: $133,117 `Includes one time capital outlay for computers of $12,300 Background At its meeting on August 17, the City Council approved the In -House Recreation Program as the method to provide these services to the Diamond Bar community. Included in the information packet on August 17 was an annual budget proposed for the In -House Program. Staff has further reviewed the budget proposal and recommends some adjustments. Adjustments are for necessary computer equipment and some reductions to the salaries. Total recommended annual expenditures are $641,337. Total recommended annual revenue is $508,220. This results in an annual net cost projection of $133,117, Discussion The in-house recreation budget includes four (4) new full-time positions, Recreation Superintendent, two Recreation Specialists and a Clerk Typist. This staff level is comparable to the Brea proposal that was presented to the City Council on August 17. The Brea proposal included the same four full-time positions. However, Diamond Bar is able to fund these 4 full-time positions for $31,500 less as in-house employees than if they were contract employees with Brea. This is because of the 22% overhead costs added to the cost of these positions under the Brea contract proposal. Overall, Diamond Bar will save about $46,500 annually by conducting the program in-house, as compared with contracting out with Brea. Prepared by: Bob Rose, Community Services Director In-house Recreation Budget — Administration — 9/14/99 Administrative Positions Position* Recreation Superintendent Recreation Specialist I -- Classes Recreation Specialist I -- Athletics Community Services Coordinator — PT Community Services Coordinator — PT Clerk Typist — FT Clerk Typist — PT (Temp-20hr/wk@ 16wks at $15.00 per hour) Total Administrative Position Costs *These are new positions. Salary Benefits Total Cost (Top Step) $57,626 $17,770 $75,396 $41,687 $15,312 $56,999 $41,687 $15,312 $56,999 $16,540 $6,813 $23,353 $16,540 $6,813 $23,353 $30,085 $13,165 $43,250 $4,800 $0 $4,800 $208,965 $75,185 $284,150 IN-HOUSE RECREATION PROGRAM Annual Fiscal Year Budget SUMMARY — EXPENDITURES Administration $301,541 Staff $208,965 Admin Benefits $75,185 Part Time Program Staff Benefits $10,194 Mileage $2,197 Training/Memberships $5,000 Contract Classes $135,000 $135,000 Adult Athletics $50,057 Adult Basketball $20,100 Adult Volleyball $4,125 Adult Softball $23,199 Adult Soccer $2,633 Youth Athletics $26,374 Youth Baseball $8,729 Youth Basketball $9,611 Youth Indoor Soccer $4,764 Youth Track & Field $3,270 Summer Youth Activities $25,626 Day Camp $24,376 Youth Excursions $0 Summer Outings $698 Leadership Training $552 Pre -School Activities $85,220 Tiny Tots $85,220 Support Staff $4,354 Concerts in the Park $2,260 Birthday Celebration $1,420 CPRS Conference $520 Rose Parade Excursion $154 Special Events $865 Night on the Fairways $659 Bowl -a -Rama $206 Computer Equipment and Set-up $12,300 Total Expenditures $641,337 SUMMARY — REVENUE PROJECTIONS Contract Classes Adult Sports Adult Basketball Adult Volleyball Adult Softball Adult Soccer Youth Sports Basebal I Basketbal I Soccer Track Meet Summer Youth Activities Day Camp Youth Excursions Summer Outings Volunteen Program Pre -School Activities Tiny Tots Special Events Night on the Fairways Bowl -a -Rama $215,000 $77,740 $25,100 $ 5,880 $43,160 $3,600 $65,570 $27,410 $22,990 $11,420 $31750 $51,950 $47,500 $2,500 $1,300 $650 $95,140 $95,140 $2,820 $2,100 $720 Total Revenue Projections $508,220 Total Expenditures $641,337 Net Cost $133,117 BENEFITS Part -Time Program Staff ($76,844 in wages) Social Security (6.2%) Medicare (1.45%) Workers Compensation (4.16% x 135%) Total Part -Time Program Staff Benefits Cost Mileage Total Training/Memberships Memberships CPRS 4 x $135 =$540 SCMAF 4 x $20 = $80 Women in Leisure 4 x $30 =$120 LERN 1 x $100 =$100 Training $840 CPRS Conference (Ontario) Training Institutes LERN Conference Training Seminars CPRS/SCMAF 4 x $250 = $1,000 4 x $40 = $160 1 x $2,000 = $2,000 $1,000 $4,160 TOTAL TRAINING/MEMBERSHIP COSTS $4,764 $1,114 $4,316 $10,194 $2,197 $5,000 TOTAL ADMINISTRATION $301,541 PROGRAMS Contract Classes - 4,500 participants per year Total Contract Class Revenue $215,000 Total Contract Class Instructor Expenditures $135,000 $155,000 x 60% _ $93,000 $60,000 x 70% _ $42,000 Athletics - 244 Teams/3,418 Participants Staff/Contractor Revenue Expenditures Adult Basketball 54 teams/648 participants $25,100 $20,100 Adult Volleyball 16 teams/] 60 participants $5,880 $4,125 Adult Softball 72 teams/1080 participants $43,160 $23,199 Adult Soccer 8 teams/120 participants $31600 $2,633 Youth Baseball 36 teams/420 participants $27,410 $8,729 Youth Basketball 40 teams/360 participants $22,990 $9,611 Youth Indoor Soccer 18 teams/180 participants$11,420 $4,764 Youth Track & Field 450 participants $3,750 $3,270 Revenue - Adult Sports $77,740 Revenue - Youth Sports $65,570 Total Athletics Revenue $143,320 Staff/Contractor Expenditures - Adult Sports $50,057 Staff/Contractor Expenditures - Youth Sports $26374 Total Athletics Expenditures $76,431 Summer Youth Activities - 780 participants Day Camp 50 children/week x 10 weeks = 500 participants Revenue $47,500 Staff Expenditures $24,376 Youth Excursions - 10 children/week x 10 weeks = 100 participants Revenue $2,500 Staff Expenditures $0 Summer Outings - Movie Nights - 165 participants Minature Golf Swim Party Beach Bonfire Revenue $1,300 Staff Expenditures $698 Volunteen Program - 15 participants Revenue $650 Staff Expenditures $552 Revenue - Summer Youth Activities $51,950 Expenditures - Summer Youth Activities $25,626 Pre -School Activities Heritage Park 340 participants Revenue $63,160 Staff Expenditures $32,386 Pantera Park 180 participants Revenue $31,980 Staff Expenditures $22,436 Revenue $95,140 Staff Expenditures $54,822 Tiny Tots Staff Benefits $30,398 Total Tiny Tots Costs Support Staff Concerts in the Park - Staff expenditures $2,260 Birthday Celebration - Staff expenditures $1,420 CPRS Conference $520 Rose Parade Adult Excursion $154 Total Staff Expenditures - Support Staff $4,354 Special Events A Night on the Fairways - 60 participants Revenue $2,100 Staff Expeditures $659 Bowl -a -Rama - 40 participants Revenue $720 Staff Expenditures $206 Total Revenue $2,820 Total Staff Expenditures $865 Program Supply Costs Athletics Adult Athletics $9,864 Youth Athletics $30,079 Total Athletics Supply Costs $85,220 $39,943 Summer Youth Activities Day Camp $21,414 Teen Excursions $420 Volunteens $2,000 Total Summer Youth Activities Supply Costs Pre -School Activities Tiny Tots $8,060 Total Pre -School Supply Costs Special Events Night Glow Golf $2,000 Bowl -a -Rama $300 Total Special Events Supply Costs Grand Total Program Supply Costs Equipment Costs 5 - Dell Computers @ $2,000 $10,000 1 - Laser Printer $700 2 - Dot Matrix Printers @$300 $600 Computer set-up costs $1,000 Grand Total Equipment Costs and Services to Set-up $23,834 $8,060 $2,300 $74,137 $12,300 TO: MEETING DATE: FROM: CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. D .3,a Terrence L. Belanger, City Manager September 21, 1999 REPORT DATE: September 15, 1999 Bob Rose, Community Services Director TITLE: Consideration of Budget for In -House Recreation Program SUMMARY: The City Council approved coming in-house with the operation of the recreation program at their August 17 meeting. Staff has developed a budget to provide these services to the Diamond Bar community. Expenditures are expected to be $641,337, revenue $508,220 and a projected net cost of $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, revenue of $493,230 and a net cost of $179,616, Staffing levels for both the in-house budget and the Brea proposal are comparable. Diamond Bar is able to offer the program in-house for less money because Brea adds a 22% overhead charge to their costs. RECOMMENDED ACTION: It is recommended that the City Council approve $641,337 in annual costs for the in-house recreation program, with expected revenue of $508,220, for a projected net cost of $133,117. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: Recommended Budget _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes X No 2. Does the report require a majority vote? _ X Yes No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission? _ 5. Are other departments affected by the report? Yes X No _ Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L. Belanger City Manager James DeStefano Deputy City Manager Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: September 21, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of Budget for In -House Recreation Program Issue Statement With the operation of the recreation program coming in-house, it is necessary to approve the funding level for staffing and programs. Recommendation It is recommended that the City Council approve $641,337 in annual costs for the in-house recreation program, with expected revenue of $508,220, for a projected net cost of $133,117. Financial Summary Expenditures: $641,377* Revenue: $508,220 Net Cost: $133,117 *Includes one time capital outlay for computers of $12,300 Background At its meeting on August 17, the City Council approved the In -House Recreation Program as the method to provide these services to the Diamond Bar community. Included in the information packet on August 17 was an annual budget proposed for the In -House Program. Staff has further reviewed the budget proposal and recommends some adjustments. Adjustments are for necessary computer equipment and some reductions to the salaries. Total recommended annual expenditures are $641,337. Total recommended annual revenue is $508,220. This results in an annual net cost projection of $133,117, Discussion The in-house recreation budget includes four (4) new full-time positions, Recreation Superintendent, two Recreation Specialists and a Clerk Typist. This staff level is comparable to the Brea proposal that was presented to the City Council on August 17. The Brea proposal included the same four full-time positions. However, Diamond Bar is able to fund these 4 full-time positions for $31,500 less as in-house employees than if they were contract employees with Brea. This is because of the 22% overhead costs added to the cost of these positions under the Brea contract proposal. Overall, Diamond Bar will save about $46,500 annually by conducting the program in-house, as compared with contracting out with Brea. Prepared by: Bob Rose, Community Services Director IN-HOUSE RECREATION PROGRAM Annual Fiscal Year Budget SUMMARY — EXPENDITURES Administration $301,541 Staff $208,965 Admin Benefits $75,185 Part Time Program Staff Benefits $10,194 Mileage $2,197 Training/Memberships $5,000 Contract Classes $135,000 $135,000 Adult Athletics $50,057 Adult Basketball $20,100 Adult Volleyball $4,125 Adult Softball $23,199 Adult Soccer $2,633 Youth Athletics $26,374 Youth Baseball $8,729 Youth Basketball $9,611 Youth Indoor Soccer $4,764 Youth Track & Field $3,270 Summer Youth Activities $25,626 Day Camp $24,376 Youth Excursions $0 Summer Outings $698 Leadership Training $552 Pre -School Activities $85,220 Tiny Tots $85,220 Support Staff $4,354 Concerts in the Park $2,260 Birthday Celebration $1,420 CPRS Conference $520 Rose Parade Excursion $154 Special Events $865 Night on the Fairways $659 Bowl -a -Rama $206 Computer Equipment and Set-up $12,300 Total Expenditures $641,337 SUMMARY — REVENUE PROJECTIONS Contract Classes $215,000 Adult Sports $77,740 Adult Basketball $25,100 Adult Volleyball $5,880 Adult Softball $43,160 Adult Soccer $3,600 Youth Sports $65,570 Basebal l $27,410 Basketball $22,990 Soccer $11,420 Track Meet $3,750 Summer Youth Activities $51,950 Day Camp $47,500 Youth Excursions $2,500 Summer Outings $1,300 Volunteen Program $650 Pre -School Activities $95,140 Tiny Tots $95,140 Special Events $2,820 Night on the Fairways $2,100 Bowl -a -Rama $720 Total Revenue Projections $508,220 Total Expenditures $641,337 Net Cost $133,117 BENEFITS Part -Time Program Staff ($76,844 in wages) Social Security (6.2%) $4,764 Medicare (1.45%) $1,114 Workers Compensation (4.16% x 135%) $4,316 Total Part -Time Program Staff Benefits Cost $10,194 Mileage Total $2,197 Training/Memberships Memberships CPRS 4 x $135 =$540 SCMAF 4 x $20 = $80 Women in Leisure 4 x $30 =$120 LERN 1 x$100 =$100 $840 Training CPRS Conference (Ontario) 4 x $250 = $1,000 Training Institutes 4 x $40 = $160 LERN Conference 1 x $2,000 = $2,000 Training Seminars CPRS/SCMAF $1,000 $4,160 TOTAL TRAINING/MEMBERSHIP COSTS $5,000 TOTAL ADMINISTRATION $301,541 PROGRAMS Contract Classes - 4,500 participants per year Total Contract Class Revenue $215,000 Total Contract Class Instructor Expenditures $135,000 $155,000 x 60% _ $93,000 $60,000 x 70% _ $42,000 Staff/Contractor Athletics - 244 Teams/3,418 Participants $50,057 Revenue Expenditures Total Athletics Expenditures $76,431 Adult Basketball 54 teams/648 participants $25,100 $20,100 Adult Volleyball 16 teams/160 participants $5,880 $4,125 Adult Softball 72 teams/1080 participants $43,160 $23,199 Adult Soccer 8 teams/120 participants $3,600 $2,633 Youth Baseball 36 teams/420 participants $27,410 $8,729 Youth Basketball 40 teams/360 participants $22,990 $9,611 Youth Indoor Soccer 18 teams/180 participants $11,420 $4,764 Youth Track & Field 450 participants $3,750 $3,270 Revenue - Adult Sports $77,740 Revenue - Youth Sports $65,570 Total Athletics Revenue $143,320 Staff/Contractor Expenditures - Adult Sports $50,057 Staff/Contractor Expenditures - Youth Sports $26,374 Total Athletics Expenditures $76,431 Summer Youth Activities - 780 participants Day Camp 50 children/week x 10 weeks = 500 participants Revenue $47,500 Staff Expenditures $24,376 Youth Excursions - 10 children/week x 10 weeks = 100 participants Revenue $2,500 Staff Expenditures $0 Summer Outings - Movie Nights - 165 participants Minature Golf Swim Party Beach Bonfire Revenue $1,300 Staff Expenditures $698 Volunteen Program — 15 participants Revenue $650 Staff Expenditures $552 Revenue — Summer Youth Activities $51,950 Expenditures — Summer Youth Activities $25,626 Pre -School Activities Heritage Park 340 participants Revenue $63,160 Staff Expenditures $32,386 Pantera Park 180 participants Revenue $31,980 Staff Expenditures $22,436 Revenue $95,140 Staff Expenditures $54,822 Tiny Tots Staff Benefits $30,398 Total Tiny Tots Costs Support Staff Concerts in the Park — Staff expenditures $2,260 Birthday Celebration — Staff expenditures $1,420 CPRS Conference $520 Rose Parade Adult Excursion $154 Total Staff Expenditures — Support Staff $4,354 Special Events A Night on the fairways — 60 participants Revenue $2,100 Staff Expeditures $659 Bowl -a -Rama — 40 participants Revenue $720 Staff Expenditures $206 Total Revenue $2,820 Total Staff Expenditures $865 Program Supply Costs Athletics Adult Athletics $9,864 Youth Athletics $30,079 $85,220 Total Athletics Supply Costs $39,943 Summer Youth Activities Day Camp $21,414 Teen Excursions $420 Vol unteens $2,000 Total Summer Youth Activities Supply Costs $23,834 Pre -School Activities Tiny Tots $8,060 Total Pre -School Supply Costs $8,060 Special Events Night Glow Golf $2,000 Bowl -a -Rama $300 Total Special Events Supply Costs $2,300 Grand Total Program Supply Costs $74,137 Equipment Costs 5 - Dell Computers @ $2,000 $10,000 1 - Laser Printer $700 2 - Dot Matrix Printers @$300 $600 Computer set-up costs $1,000 Grand Total Equipment Costs and Services to Set-up $12,300 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO, T0: Terrence L. Belanger, City Manager MEETING DATE: September 21, 1999 REPORT DATE: September 15, 1999 FROM: Bob Rose, Community Services Director TITLE: Consideration For Final Recreation Services Proposal From The City of Brea SUMMARY: The City Council terminated the Recreation Services contract with the City of Brea at their August 17 meeting. Per the terms of the contract, Brea will continue to provide services in Diamond Bar during a transition period of 90 days. Brea proposes to provide services until December 23,1999, with expenditures of $175,644 and revenue of $144,216. RECOMMENDED ACTION: It is recommended that the City Council approve contract terms with the City of Brea to provide recreation services to the Diamond Bar community for the period of September 1 through December 23, 1999, with expenditures of $175,644 and revenue of $144,216. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other: City of Brea Proposal for 911-12123199 — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? What Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: NIA REVIEWED BY: l Terrence L. Belan e City Manager Yes X No _ X Yes _ No Yes X No _ Yes X No Yes X No Bob Rose Community Services Director CITY COUNCIL REPORT MEETING DATE: September 21, 1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration For Final Recreation Services Proposal From The City of Brea Issue Statement The Recreation Services contract Brea was terminated at the August 17 City Council meeting. Brea will continue to provide services through December 23, 1999, per the terms of the existing contract with Brea. Terms of this final proposal from Brea are presented to the City Council for consideration. Recommendation It is recommended that the City Council approve contract terms with the City of Brea to provide recreation services to the Diamond Bar community for the period of September 1 through December 23, 1999, with expenditures of $175,644 and revenue of $144,216. Financial Summary Proposed terms for the service periods of September 1 through December 23,1999: Expenditures: $175,644 Revenue: $144,216 Background At its meeting on August 17, the City Council voted to terminate the Recreation Services contract with the City of Brea. Per the terms of the contract, Brea will continue to offer services in Diamond Bar until the 90 day termination clause of the contract is completed. Brea has submitted a proposal to continue services until December 23,1999. Discussion Brea proposes to provide recreation services to the City of Diamond Bar for the period of September 1 through December 23, 1999. Cost of this proposal is offered at $175,644, with projected revenue of $144,216. Brea has also provided a plan to ensure a smooth transition from Brea operation to Diamond Bar operation of the recreation program. Prepared by: Bob Rose, Community Services Director Diamond Bar Recreation Services Proposal September 1, 1999 to December 23, 1999 Expenditures Administration Exhibit "A" August 24, 1999 Staff $ 49,131 Benefits 18,648 Mileage 730 Training/Memberships 60 Tiny Tots $ 68,569 Contract Classes $ 35,000 Adult Sports Subtotal: Men's Basketball 7,697 Men's and Coed Softball 7,741 Coed Volleyball 1,031 $ 16,470 Youth Sports 4,320, Basketball $0 Preschool Activities Tiny Tots $ 20,391 Subtotal: $ 140,430 22% Overhead: 30,895 Liability Insurance: 4,320, Total Expenditures: $ 175,644 Revenue Proiections Contract Classes $ 61,000 Adult Sports Men's Basketball 7,440 Coed Volleybail 1,470 Men's and Coed Softball 3,320 12,230 Youth Sports Basketball 20,686 Preschool Activities Tiny Tots 50,300 Total Revenue Projections: $ 144,216 Diamond Bar Recreation Services Proposal - September 1, 1999 to December 23, 1999 Page 2 Administration Staff Community Services Supervisor (FT) $ 19,375 Administrative Clerk (FT) 10,188 Community Services Specialist I/Contract Classes (PT Regular) 9,784 Community Services Specialist I/Adult Sports (PT Regular) 9,784 Benefits PERS $ 2,232 Medicare 1,314 Flex Benefits 5,022 Vacation Accrual 3,492 Sick Leave Accrual 4,050 Workman's Compensation 2,538 Mileage 730 Training/Memberships SCMAF Sports Institute 2 staff x $30 60 Contract Classes Revenue Contract Classes $ 55,000 Administrative Fee $5 x 1200 participants 6,000 Contract Classes Total Revenue: $ 61,000 Expenditures Contract Class Instructors $35,000 x 60% $ 21,000 $20,000 x 70% $ 14,000 Contract Classes Total Expenditures: $ 35,000 Diamond Bar Recreation Services Proposal - September 1, 1999 to December 23, 1999 Page 3 Adult Snorts Men's Basketball Revenue for current league taken in under 12 month contract. Administer current summer league through October completion date. Market, promote, register, and administer fall league until December 12, 1999. Revenue 16 teams x $465 team $ 7,440 Basketball Total Revenue: $ 7,440 Expenditures Senior Leader 2 staff x 13 wks x 12 hrs/wk x $8.92 hr 2,783 Officials 2 officials x 13 wks x 9 gms x $21 gm 4,914 Basketball Total Expenditures: $ 7,697 Coed Vollevball Market, promote, and administer fall league. Revenue 6 teams x $245 team $ 1,470 Volleyball Total Revenue: $ 1,470 Expenditures Officials 3 mtch/wk x 11 wks x 1 official x $19 match $ 627 Setup/Take Down 11 wks x $10 wks Senior Leader (on-site supervisory) 110 11 wks x 3 hrs x $8.92 hr 294 Volleyball Total Expenditures: $ 1,031 Diamond Bar Recreation Services Proposal - September 1, 1999 to December 23, 1999 Page 4 Adult Snorts -continued Men's and Coed Softball Revenue for current leagues was taken in under 12 month contract. Administer current Wednesday night summer league through October completion date. Market, promote, register, and administer fall league until December 15. Administer Sunday summer league throughg November completion date. Market, promote, and register teams for winter league. Revenue - Wednesday Night League 8 teams x $415 team $ 3,320 Softball Total Revenue: $ 3,320 Expenditures Senior Leader 2 staff x 14 wks x 5 hrs/wk x $8.92 hr $ 1,249 2 staff x 12 wks x 6 hrs/wk x $8.92 hr 1,284 Officials 2 officials x 13 wks x 4 gms x $21 gm 2,184 2 officials x 12 wks x 6 gms x $21 gm 3,024 Softball Total Expenditures: $ 7,741 Youth Sports Basketball - South Point Middle School/Boys and Girls 4-10 years old Market, promote, and register program participants. Revenue 314 participants x $64 each $ 20,096 10 participants x $59 each 590 Basketball Total Revenue: $ 20,686 Diamond Bar Recreation Services Proposal - September 1, 1999 to December 23, 1999 Page 5 Preschool Activities Tiny Tots Heritage Community Center and Pantera Park/Boys and Girls 3-5 years Fall Session 12 weeks/September 13 -December 10, 1999 Revenue 60 participants x $260 (3 days - M/W/F mornings and afternoons) 40 participants x $175 (2 days - T/Th mornings and afternoons) 20 participants x $175 (2 days - M/W afternoons) Fall Session Winter Wonderland Camp Revenue 40 participants x $40 Winter Wonderland Camp Subtotal Revenue: 1 week/December 13-17, 1999 Subtotal Revenue: Winter Session 12 weeks/January 3 - March 24, 2000 Market, promote, and register program participants. Revenue 60 participants x $260 (3 days - M/W/F mornings and afternoons) 40 participants x $175 (2 days - Tu/Th mornings and afternoons) 20 participants x $175 (2 days - MAN afternoons) Winter Session Subtotal Revenue: Preschool Activities Total Revenue: Expenditures $ 15,600 7,000 3,500 26,100 $ 1,600 $ 1,600 $ 15,600 7,000 3,500 $ 22,600 $ 50,300 Specialist - Administrative $ 3,440 Senior Leaders (4) 16,951 Preschool Activities Total Expenditures: $ 20,391 Diamond Bar Recreation Services Proposal Equipment/Supplies List - September 1, 1999 to December 23, 1999 Page 6 Adult Sports Basketball Basketballs 2 x $80 $ 160 First Aid Kit 40 40 Awards 12 x $9 x 3 div x 1 Ig 324 Trophies 6 x $15 x 1 Ig 90 SCMAF Reg 54 x $7 378 Basketball Subtotal Supplies: $ 992 Volleyball Volleyballs 2 x $50 $ 100 First Aid Kit 40 40 Awards 12 x $9 x 1 Ig 108 Trophies 2 x $15 x 1 Ig 30 SCMAF Reg 24 x $7 168 Volleyball Subtotal Supplies: $ 446 Softball Softballs 4 x $5 x 10 wks $ 180 First Aid Kit 40 40 Awards 16 x $9 x 5 div x 1 Ig 700 Trophies 6 x $15 x 1 Ig 90 SCMAF Reg 8 x $7 56 Softball Subtotal Supplies: $ 1,066 Adult Sports Total Supplies: $ 2,504 Diamond Bar Recreation Services Proposal EquipmentlSupplies List - September 1, 1999 to December 23, 1999 Page 7 Preschool Activities Tiny Tots Supplies $650 sess x 1 secs x 2 sites Supplies $280 wkshp x 1 wkshp x 2 sites $ 1,300 560 Preschool Activities Total Supplies: $ 1,860 All Programs Total Supplies: S 4,364 AGENDA NO. 8.4 NO DOCUMENTATION AVAILABLE AGENDA NO. 8.5 NO DOCUMENTATION AVAILABLE AGENDA NO. 8.6 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. S- TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1999 REPORT DATE: July 26,1999 FROM: Bob Rose, Community Services Director TITLE: Consideration of Street Tree Program SUMMARY: There are two issues included in this agenda item: A. Median Tree Planting and B. Species Continued on page 2 RECOMMENDED ACTION: A. It is recommended that the City Council approve the planting of 543 trees on the landscaped medians per the tree planting plan dated February 24,1999. It is further recommended that the City Council authorize the expenditure of up to $95,025 ($175 per tree), funded with Lighting and Landscape Maintenance District #38 funds, to plant the trees. Also, 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 the additional amount of $95,025. B. It is recommended that the City Council approve the proposed fifteen -year species replacement plan, with a first year cost of $20,325 for the removal of 30 Canary Island Pines, the planting of 30 Crape Myrtle trees on Golden Springs between the 57 Fwy over crossing and the western City Limit's and the removal of 435 tree well covers. It is further recommended that the City Council allocate $20,325 from General Fund reserves to fund this work. Also, it is recommended that he City Council authorize the City Manager to execute the purchase orders necessry-for West Coast Arborists to remove 30 Canary Island Pines and plant 30 Crape Myrtle trees in the amount of an additional $9,450 to their existing on-call tree planting project; and for Charles Abbott Associates to remove 435 tree well covers in the amount of an additional $10,875 to their existing Public Works contract. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: None _ Public Hearing Notification Bid Specifications (on file in City Clerks office) X Other: Photos of Tree Species SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes X No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? Yes X No What Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: n/a VIEW r rence L. Bela ger James DeStefano Bob Rose City Manager Deputy City Manager Community Services Director SUMMARY: (continued) Replacement Program. Median Tree Planting Program proposes to plant 543 trees on the landscaped medians on Diamond Bar Blvd. and Grand Avenue at a cost of $95,025. Funds are available in L.L.M.D. #38 for this project. The species replacement program proposes to replace Canary Island Pines, Brisbane Box and Jacaranda trees along the major arterials because of the damage these trees do to the hardscape. Canary Island Pines will be removed and replaced during a 15 -year phased program. A variety of flowering trees will be used as replacements, including: Cape Chestnut GoldenTrumpet Chinese Flame Goldenrain Chinese Fringe Hong Kong Orchid Chitalpa Jacaranda Coral Gum Lavender Trumpet Crape Myrtle Pink Flame Dwarf Leafed Purple Leaf Plum Purple Orchid Eastern Redbud Silk Floss Evergreen Pear Southern Magnolia Firewheel Tree Sweetshade Flame Tree Brisbane Box will be replaced through attrition with Tristania Laurina and Jacaranda trees will be replaced through attrition with Chinese Fringe. Trees that will be planted will all be sized as 24" box. Average annual cost for the phased 15 -year plan will be approximately $10,000. First year cost will include removal of raised tree well covers, removal of up to 30 hazardous trees and planting replacement trees. Total first year cost is expected to be $20,325. CITY COUNCIL REPORT MEETING DATE: August 3,1999 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of Street Tree Program Issue Statement This report is divided into two issues; A. Median Tree Planting Program B. Species Replacement Program Approval of recommendation A., Median Tree Planting, will result in the planting of 543 new trees on the landscaped medians. Approval of recommendation B., Species Replacement, will authorize staff to implement a replacement program for the Canary Island Pine, Brisbane Box and Jacranda species of trees. Recommendation: A. It is recommended that the City Council approve the planting of 543 24" box trees on the landscaped medians per the tree planting plan dated February 24,1999. It is further recommended that the City Council authorize the expenditure of up to $95,025 ($175 per tree), funded with Lighting and Landscape Maintenance District #38 funds, to plant the trees. Also, 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 the additional amount of $95,025. B. It is recommended that the City Council approve the proposed fifteen -year species replacement plan, with a first year cost of $20,325 for the removal of 30 Canary Island Pines, the planting of 30 Crape Myrtle trees on Golden Springs between the 57 Fwy overcrossing and the Western City Limits and the removal of 435 tree well covers. It is further recommended that the City Council allocate $20,325 from General Fund reserves to fund this work. Also, it is recommended that he City Council authorize the City Manager to execute the purchase orders necessary for West Coast Arborists to remove 30 Canary Island Pines and plant 30 Crape Myrtle trees in the amount of an additional $9,450 to their existing on-call tree planting project; and for Charles Abbott Associates to remove 435 tree well covers in the amount of an additional $10,875 to their existing Public Works contract. Financial Summary: A. Median Tree Planting Program — The cost to plant all 543 trees in the medians is $95,025. Funds are available in the L.L.M.D. #381999/2000 Fiscal Year budget. B. Species Replacement Program — First year cost of this program is $20,325. Funds are available in General Fund reserves. Annual cost for the next 15 years for this program is expected to be approximately $10,000. A. MEDIAN TREE PLANTING PROGRAM (Photos of tree species are in Attachment A) Background Staff has completed a survey of available tree planting space on the medians on Diamond Bar Blvd. and Grand Avenue, and there is room for 543 trees. Discussion Locations for tree planting are determined by open space available, line of sight requirements, signage visibility and maintenance needs (i.e. space between trees required for mowing). The species of trees being considered for the medians are: Cape Chestnut GoldenTrumpet Chinese Flame Goldenrain Chinese Fringe Hong Kong Orchid Chitalpa Jacaranda Coral Gum Lavender Trumpet Crape Myrtle Pink Flame Dwarf Leafed Purple Leaf Plum Purple Orchid Eastern Redbud Silk Floss Evergreen Pear Southern Magnolia Firewheel Tree Sweetshade Flame Tree The above species are all flowering trees that are appropriate for the available space and the planting conditions. Following are the median sections and planting sites available. Median Location Planting Sites On Grand Avenue - Pomona Fwy to Diamond Bar Blvd 71 - Diamond Bar Blvd to east City limits 81 On Diamond Bar Blvd - Pomona Fwy to Temple Avenue 70 - Grand Avenue to Pomona Fwy 108 - Pathfinder to Grand Avenue 128 - 57 Fwy to Pathfinder 85 Total Sites 543 Total cost to plant 543 trees @ $175 = $95,025 B. SPECIES REPLACEMENT PROGRAM (Photos of tree species are in Attachment A) Background There are several species of tree in Diamond Bar that are planted in locations inappropriate for these trees. The trees will ultimately grow to be too large for the space available at the location where the trees are currently planted. As these large trees mature, damage is done to the sidewalk, curb, gutter and street. (hardscape) adjacent to the tree. The hardscape can be repaired, but the trees will only damage it again. These roots can be cut to limit future hardscape damage, but the City then assumes a tremendous level of liability should a large tree then fall and cause harm or property damage. The best method to limit both future hardscape damage and liability is to have a species replacement program. Such a program was presented to the City Council during a study session on July 20,1999. The City Council directed staff to develop a phased program that will maintain the uniform look of trees planted along the major arterials. Discussion The primary tree species that need to be replaced are the Canary Island Pine, Brisbane Box, and the Jacaranda. A brief review on each of these trees follows: Canary Island Pine — 456 trees on these major arterials: Brea Canyon Road, Diamond Bar Blvd., and Golden Springs Drive. Estimated cost to remove and replace with 24" box is $315 per tree or $152,775. Staff has not found a replacement for the Canary Island Pine that looks similar. Therefore, a phased species replacement program is recommended over a period of 15 years at a cost of $9,576 per year. The phases will be separated by cross streets and the priority will be determined by current conditions, the worst being completed first. If this plan is acceptable, then staff will bring back the details of the phasing at a future City Council meeting. In the mean time, if a Canary Island Pine needs to be replaced more than 12 months prior to its phased replacement, it will be replaced with a 24" box Canary Island Pine (cost approximately $175 for the replacement tree). When the Canary Island Pine out grows its tree well cover, the tree well cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. As a matter of information, there are also 1,033 Canary Island Pine trees planted in residential areas of Diamond Bar. Brisbane Box — Staff has located a tree that looks similar to the Brisbane Box that is also appropriate for a 3'x3' tree well cut out: Tristania Laurina. Therefore, staff will replace the Brisbane Box species with 24" box Tristania Laurina on an attrition basis. The Brisbane Box trees are located on Grand Avenue east of Golden Springs to the eastern City limit, toward Chino Hills. When an existing Brisbane Box outgrows its tree well cover, the tree well cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. Jacaranda — Jacaranda trees are planted on Pathfinder west of Brea Canyon Road and on Brea Canyon Cut - Off. The recommended replacement tree is the Chinese Fringe. Both trees are deciduous and have a similar shape canopy. The obvious differences are the shape of the leaves and the color of the flowers. Jacaranda have purple flowers, Chinese Fringe have yellow flowers. Staff recommends that the Jacaranda be replaced through attrition. When the Jacaranda outgrows its tree well cover, the cover will be removed and replaced with decomposed granite at grade with the sidewalk and curb. Prepared by: Bob Rose, Community Services Director Attachment A — Photos of Tree Species REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR 1 REGULAR MFFTIAIG or TuC maxnn car ninon rckna AUGUST 17, 1999 DRAFt 1. CALL TO ORDER: Chairman Ansari called the meeting to order at 9:10 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 Works Director; Linda Magnuson, Finance Director; Mike Nelson, Communications and Marketing Director, and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: VC/Huff moved, AM/O'Connor seconded, to approve the Consent Calendar as submitted. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Huff, Chair/Ansari NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of August 3, 1999 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated August 17, 1999 in the amount of $410.00. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: None AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned the meeting at 9:13 p.m. ATTEST: Chair LYNDA BURGESS Agency Secretary REDEVELOPMENT AGENCY OF THE CITY OF DIAMONU BAR ` REGULAR MEETING OF THE BOARD OF DIRECTORS SEPTEMBER 7, 1999``` 1. CALL TO ORDER: Vice Chairman Huff called the meeting to order at 11:20 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 and Vice Chairman Huff. Chairwoman Ansari was excused. Also present were: Terrence L. Belanger, Executive Director; Craig Steele, Assistant Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director, Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director, and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded, to approve the Consent Calendar and Items 6.1 and 6.2. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - Chair/Ansari 3.1 APPROVED VOUCHER REGISTER - dated September 7, 1999 in the amount of $20,584.47 (excluding funds for payment relating to improvement of Lemon Ave., in the amount of $1,712.60 payable to Inca Engineers). 3.2 REVIEWED & APPROVED TREASURER'S STATEMENT - for July, 1999. 3.2 APPROVED FISCAL YEAR 1998-1999 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT - with an increase of $115,429.56 to account #610- 7110-4641 (Road Improvements) and $21,820 to account #610-711044000 (Professional Services) to cover purchase orders outstanding at June 30, 1999. 6.1 RESOLUTION NO. RA99-07: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 15 WITH THE CITY OF DIAMOND BAR - The Redevelopment Agency was formed in April 1996. Since its inception, the City has advanced funds to the DBRDA through several Advance and Reimbursement Agreements. These agreements have been used to fund DBRDA related administrative activities including operating expenditures, staffing, overhead charges, and legal/professional services. Each fiscal year, the DBRDA adopts an operating budget, making a requisite advance and reimbursement agreement necessary. The adopted operating budget for FY 99-2000 is $182,000 and the amount necessary to SEPTEMBER 7, 1999 PAGE 2 REDEVELOPMENT AGENCY cover FY 1998-1999 expenditures is $225,000, for a total of $407,000. 6.2 RESOLUTION NO. RA99-08: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING PAYMENT BY THE AGENCY FOR PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF STREET IMPROVEMENTS - On June 1, 1999, Council and the Redevelopment Agency approved their respective Fiscal Year 99-2000 Municipal Budgets. Included within these budgets is the Capital Improvement Plan for the fiscal year. This plan included road improvement projects located within the D.B. Economic Revitalization Area, which will be partially funded with Redevelopment Agency funds. These improvements are to Brea Canyon Rd. between Pathfinder and the southerly City Limits ($500,000) and to Golden Springs Dr. between Brea Canyon Rd. and the westerly City Limits ($429,000), for a total of $929,000. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: VC/Huff said that it is nice to see the Agency doing the things it said it would do. AGENCY ADJOURNMENT: There being no further business to conduct, VC/Huff adjourned the meeting at 11:30 p.m. ATTEST: Vice Chairman LYNDA BURGESS Agency Secretary CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. R � , TO: Honorable Mayor and Members of the City Council/ Chairman and Members of the Diamond Bar Redevelopment Agency MEETING DATE: September 21, 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 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. To date, this process has included the design of a Request for Proposal; recruitment of qualified Economic DevelopmentlRedevelopment 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 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 N/A _ 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? NIA _ Yes _ No Which Commission? 5. Are other departments affected by the report? ` Yes X No Report discussed with the following affected departments: RE IEWED BY: U pL Terrence L. Belanger KtikEffli6ri City Manager Communications and Marketing Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 21, 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. Under the contract, the consulting funis 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 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 Q: 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 Attachment A: Request for Proposal: Economic Development Strategic Plan CITY OF DIAMOND BAR, CALIFORNIA REQUEST FOR PROPOSAL ECONOMIC DEVELOPMENT STRA TEGIC PLAN REQUEST FOR PROPOSAL: EDSP 99-1 ISSUE DATE: May 14, 1999 CLOSING LOCATION: CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Attention: Mike Nelson CLOSING DATE AND TIME: Five complete hard copies and one digital copy of the proposal must be received by 2:00 p.m. (Pacific Time) on: June 14, 1999 CONSULTANTS' MEETING: June 3, 1999, 2:00 p.m. Diamond Bar City Hall 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 CONTACT PERSON: Mike Nelson Director of Communications & Marketing Voice: (909) 396-5691 Fax: (909) 861-3117 E-mail: mike. nelson ci.diamond-bar ca us City of Diamond Bar Request for Proposal EDSP 99-1 TABLE OF CONTENTS 1. SUMMARY OF THE REQUIREMENT.......................................:................... 3 2. REQUEST FOR PROPOSAL TERMINOLOGY.............................................4 3. REQUEST FOR PROPOSAL PROCESS......................................................4 4. PROPOSAL PREPARATION .................... :................................7 5. ADDITIONAL TERMS........................................................... 9 ............... 6. SELECTED CONTRACT CLAUSES11 ................ 7. SCOPE OF WORK........................................................... ...........19 ................ 8. EVALUATION CRITERIA .................. ...........23 9. CONSULTANT RESPONSE........................................................................25 10. PROPOSAL FORMAT................................................................................28 11. CONSULTANT CHECKLIST ............................................... .. .. ......29 .. .. ........... APPENDIX A - RECEIPT OF CONFIRMATION FORM...................................30 2 City of Diamond Bar Request for Proposal EDSP 99-1 1. SUMMARY OF THE REQUIREMENT The City of Diamond Bar invites proposals for the design, development, and implementation of a comprehensive Economic Development Strategic Plan that will address specific objectives, as outlined in this request for proposal, and provide an effective approach for implementing recommendations defined in the Economic Development Strategic Plan. Specifically, the City of Diamond Bar's Economic Development Strategic Plan will address the following elements: A. Assessment, definition, design, and implementation of a program for attracting new commercial development to the community; B. Assessment, definition, design, and implementation of a program for retaining existing commercial development within the community; C. Assessment, definition, design, and implementation of a program for the rehabilitation of existing retail -commercial centers throughout the City; D. Assessment, definition, design, and implementation of a program to identify, select, and prioritize redevelopment project areas within the City's Economic Revitalization Area. It is anticipated that recommendations and strategies presented in the Economic Development Strategic Plan will be specific to the Diamond Bar business environment, and will offer distinct approaches to accomplishing the City's overall objectives. In short, the City of Diamond Bar is looking for a tightly tailored Plan that makes political, social, and economic sense for the businesses and residents of Diamond Bar, and one that does not approximate a standard cookie -cutter approach to economic development. City of Diamond Bar Request for Proposal EDSP 99-1 ADMINISTRATIVE REQUIREMENTS The following terms, will apply to this Request for Proposal and to any subsequent Contract. Submission of a proposal in response to this Request for Proposal indicates acceptance of all the following terms. 2. REQUEST FOR PROPOSAL TERMINOLOGY Throughout this Request for Proposal, terminology is used as follows: A. "Contract" means the written agreement resulting from this Request for Proposal executed by the' City and the Contractor; B. "Contractor" means the successful Consultant to this Request for Proposal who enters into a written Contract with the City; C. "City" means City of Diamond Bar, California; D. "Must", "mandatory" or "required" means a requirement that must be met in order for a proposal to receive consideration; E. "Consultant" means an individual or a company that submits, or intends to submit, a proposal in response to this 'Request for Proposal'; F. "Should" or "desirable" means a requirement having a significant degree of importance to the objectives of the Request for Proposal. 3. REQUEST FOR PROPOSAL PROCESS 3.1 RECEIPT CONFIRMATION FORM Consultants are advised to fill out and return the attached Receipt Confirmation Form. All subsequent information regarding this Request for Proposal, including changes made to this document will be directed only to those Consultants who return the form. Subsequent information will be distributed by the method authorized on the Receipt Confirmation Form. 4 City of Dtamond Bar Request for Proposal EDSP 99-1 3.2 CONSULTANTS' MEETING A Consultants' meeting will be held at the time and in the location specified on the front page of this Request for Proposal. Oral questions will be allowed at the Consultants' meeting. However, questions of a complex nature, or questions where the Consultant requires anonymity, should be forwarded in writing, prior to the meeting, to the person designated below. 3.3 INQUIRIES All inquiries related to this Request for Proposal are to be directed, in writing, to the following person. Information obtained from any other source is not official and should not be relied upon. Inquiries and responses will be recorded and may be distributed to all Consultants at the City's option. Questions received after the Consultant's meeting will be answered if time permits. Mike Nelson Director of Communications & Marketing 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 E-mail: mike.nelson@ci.diamond-bar.ca.us 3.4 CLOSING DATE Five complete hard copies and one digital copy of the proposal must be received by 2:00 p.m. (Pacific Time) on: June 14, 1999, at: CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Attention: Mike Nelson City of Diamond Bar Request for Proposal EDSP 99-1 Proposals must not .be sent by facsimile. Proposals and their envelopes should be clearly marked with the name and address of the Consultant, the Request for Proposal number, and the project title. 3.5 LATE PROPOSALS Late proposals will not be accepted and will be returned to the Consultant. 3.6 ELIGIBILITY A. Proposals will not be evaluated if the Consultant's current or past corporate or other interests may, in the City's opinion, give rise to a conflict of interest in connection with this project. B. Proposals from not-for-profit agencies will be evaluated against the same criteria as those received from any other Consultants. 3.7 EVALUATION COMMITTEE Evaluation of proposals will be by a committee formed by the City. 3.8 EVALUATION AND SELECTION The - evaluation committee will check proposals against the mandatory criteria. . Proposals not meeting all mandatory criteria will be rejected without further consideration. Proposals that do meet all the mandatory criteria will then be assessed and scored against the desirable criteria. The City's intent is to enter into a Contract with the Consultant who has the highest overall ranking. 3.9 NEGOTIATION DELAY If a written Contract cannot be negotiated within thirty days of notification of the successful Consultant, the City may, at its sole discretion at any time thereafter, terminate negotiations with that Consultant and either negotiate a Contract with the next qualified City of Diamond Bar Request for Proposal EDSP 99-1 Consultant or choose to terminate the Request for Proposal process and not enter into a Contract with any of the Consultants. 3.10 DEBRIEFING At the conclusion of the Request for Proposal process, all Consultants will be notified. Unsuccessful Consultants may request a debriefing meeting with the City. 4. PROPOSAL PREPARATION 4.1 SIGNED PROPOSALS The proposal must be signed by the person(s) authorized to sign on behalf of the Consultant and to bind the Consultant to statements made in response to this Request for Proposal. 4.2 IRREVOCABILITY OF PROPOSALS By submission of a clear and detailed written notice, the Consultant may amend or withdraw its proposal prior to the closing date and time. Upon closing time, all proposals become irrevocable. By submission of a proposal, the Consultant agrees that should its proposal be deemed successful, the Consultant will enter into a Contract with the City. 4.3 CHANGES TO PROPOSAL WORDING The Consultant will not change the wording of its proposal after closing, and no words or comments will be added to the proposal unless requested by the City for purposes of clarification. 4.4 WORKING LANGUAGE OF THE CITY The working language of the City of Diamond Bar is English and all responses to this Request for Proposal must be in English. City of Diamond Bar Request for Proposal EDSP 99-1 4.5 CONSULTANTS' EXPENSES Consultants are solely responsible for their own expenses in preparing a proposal and for subsequent negotiations with the City, if any. If the City elects to reject all proposals, the City will not be liable to any Consultant for any claims, whether for costs or damages incurred by the Consultant in preparing the proposal, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever. 4.6 LIMITATION OF DAMAGES Further to the preceding paragraph, the Consultant, by submitting a proposal, agrees that it will not claim damages, for whatever reason, relating to the Contract or in respect of the competitive process, in excess of an amount equivalent to the reasonable costs incurred by the Consultant in preparing its proposal and the Consultant, by submitting a proposal, waives any claim for loss of profits if no agreement is made with the Consultant. 4.7 FIRM PRICING Proposals must be firm for at least 90 days after the closing date. Prices will be firm for the entire Contract period. 4.8 CURRENCY AND TAXES Prices quoted are to be: A.. In U.S. dollars; B. Inclusive of tax, where applicable 4.9 COMPLETENESS OF PROPOSAL By submission of a proposal, the Consultant warrants that, if this Request for Proposal is to design, create or provide a system or manage a program, all components required to run the system or manage the program have been identified in the proposal or will be provided by the Consultant at no charge. City of Diamond Bar Request for Proposal EDSP 99-1 5. ADDITIONAL TERMS 5.1 SUB -CONTRACTING A. Using a sub -contractor (who must be clearly identified in the proposal) is acceptable. This includes a joint submission by two Consultants having no formal corporate links. However, in this case, one of these Consultants must be prepared to take overall responsibility for successful interconnection of the two product or service lines and this must be defined in the proposal. B. Sub -contracting to any firm or individual whose current or past corporate or other interests may, in the City's opinion, give rise to a conflict of interest in connection with this project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Request for Proposal. 5.2 ACCEPTANCE OF PROPOSALS A. This Request for Proposal should not be construed as an agreement to purchase goods or services. The City is not bound to accept the lowest priced or any proposal of those submitted. Proposals will be assessed in light of the evaluation criteria. The City will be under no obligation to receive further information, whether written or oral, from any Consultant. B. Neither acceptance of a proposal nor execution of a Contract will constitute approval of any activity or development contemplated in any proposal that requires any approval, permit or license pursuant to any federal, state, regional, or municipal statute, regulation or by-law. 5.3 DEFINITION OF CONTRACT Notice in writing to a Consultant of the acceptance of its proposal by the City and the subsequent full execution of a written Contract City of Diamond Bar Request for Proposal EDSP 99-1 will constitute a Contract for the goods or services, and no Consultant will acquire any legal or equitable rights or privileges relative to the goods or services until the occurrence of both such events. 5.4 LIABILITY FOR ERRORS While the City has made considerable efforts to ensure an accurate representation of information in this Request for Proposal, the information contained in this Request for Proposal is supplied solely as a guideline for Consultants. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve Consultants from forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal. 5.5 AGREEMENT WITH TERMS By submitting a proposal the Consultant agrees to all the terms and conditions of this Request for Proposal. Consultants who have obtained the Request for Proposal electronically must not alter any portion of the document, with the exception of adding the information requested. To do so will invalidate the proposal. 5.6 MODIFICATION OF TERMS The City reserves the right to modify the terms of the Request for Proposal -at any time at its sole discretion. 5.7 OWNERSHIP OF PROPOSALS AND FREEDOM OF INFORMATION All documents, including proposals, submitted to the City become the property of the City. They will be received and held in confidence by the City, subject to the provisions -of the Freedom of Information Act. IN City of Diamond Bar Request for Proposal EDSP 99-1 5.8 USE OF REQUEST FOR PROPOSAL This document, or any portion thereof, may not be used for any purpose other than the submission of proposals. 6. SELECTED CONTRACT CLAUSES 6.1 STATUS AS INDEPENDENT CONSULTANT A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in the Contract. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under the Contract, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by the Contract. In the event that the City is audited by any Federal or State agency regarding the independent contractor status of Consultant, and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant ii City of Diamond Bar Request for Proposal EDSP 99-1 under the Contract any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section (6). 6.2 STANDARD OF PERFORMANCE Consultant shall perform all work at the standard of care and skill ordinarily _exercised by members of the profession under similar conditions. 6.3 INDEMNIFICATION Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event that there is more than one person or entity named in the Contract as a Consultant, then all obligations, liabilities, covenants and conditions under this Section (6) shall be joint and several. 6.4 INSURANCE Consultant shall at all times during the term of the Contract carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under the Contract; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or 12 City of Diamond Bar Request for Proposal EDSP 99-I partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000.00 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of the Contract; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, . and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under the Contract. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 6.5 CONFIDENTIALITY Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the 13 City of Diamond Bar Request for Proposal EDSP 99-1 City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of the Contract are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of the Contract. Consultant's covenant under this section shall survive the termination of the Contract. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 6.6 OWNERSHIP OF MATERIALS All materials provided by Consultant in the performance of the Contract shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 6.7 CONFLICT OF INTEREST A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under the Contract, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of the Contract, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to the Contract. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of the Contract. Consultant's covenant under this section shall survive the termination of the Contract. 14 City of Diamond Bar Request for Proposal EDSP 99-1 6.8 TERMINATION Either party may terminate the Contract with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate the Contract during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 6.9 PERSONNEL Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under the Contract. All of the services required under the Contract will be performed by Consultant or under it supervision, and all personnel .engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under the Contract, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 6.10 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to the Contract, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 15 City of Diamond Bar Request for Proposal EDSP 99-1 B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions. -to be inserted in all subcontracts for any work covered by the Contract except contracts or subcontracts for standard commercial supplies or raw materials. 6.11 ASSIGNMENT Consultant shall not assign or transfer any interest in the Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign the Contract or any rights, duties, or obligations arising hereunder shall be void and of no effect. 6.12 PERFORMANCE EVALUATION For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of the Contract, and each year thereafter throughout the term of the Contract. The work product required by the Contract shall be utilized as the basis for review, and any comments Or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate the Contract as provided herein. 6.13 NON -WAIVER OF TERMS, RIGHTS AND REMEDIES Waiver by either party of any one or more of the conditions of performance under the Contract shall not be a waiver of any other condition of performance under the Contract. In no event shall the 16 City of Diamond Bar Request for Proposal EDSP 99-1 making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 6.14 ATTORNEY'S FEES In the event that either party to the Contract shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of the Contract, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 6.15 NOTICES Any notices, bills, invoices, or reports required by the Contract shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 6.16 GOVERNING LAW This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 6.17 COUNTERPARTS The Contract may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 17 City of Diamond Bar Request for Proposal EDSP 99-1 6.18 ENTIRE AGREEMENT The Contract, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. The Contract supersedes all prior oral or written negotiations, representations or agreements. The Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to the Contract. Amendments on behalf of the City will only be valid if.signed by the City Manager or the Mayor and attested by the City Clerk. 6.19 REGISTRATION WITH STATE/LOCAL AGENCIES The Contract may contain a provision that the Consultant and any approved sub -contractors must be registered businesses with the State of California, and/or their municipality of origin. 6.20 CONTRACT ADMINISTRATOR A Contract administrator will be assigned by the City to oversee the Contract awarded to the successful Consultant. In addition, the Consultant will be expected to name a counterpart project manager. The Consultant's project manager will be responsible for providing scheduled status reports to the Contract administrator or a designate. 6.21 PAYMENT HOLDBACK The Contract may contain a provision whereby the City will hold back a portion of the total Contract price until the requirements of the Contract have been met. 6.22 COMPLIANCE WITH LAWS The Consultant will give all the notices and obtain all the licenses and permits required to perform the work. The Consultant will comply with all laws applicable to the work or performance of the Contract. Is City of Diamond Bar Request for Proposal EDSP 99-1 6.23 YEAR 2000 WARRANTY The Consultant will warrant that any and all software utilized by the Consultant, irrespective of manufacturer, will process, calculate, compare and sort without error all information used in the preparation of statistical analysis and other data provided to the City for purposes of estimates and recommendations, and that date representation will be accurate into the future including leap year calculations. Nothing in this warranty will limit any rights or remedies the City may otherwise have under this Contract "with respect to defects other than the Year 2000 requirement. 6.24 INTELLECTUAL PROPERTY RIGHTS The City will be the owner of the intellectual property rights, including patent, copyright, trademark, industrial design and trade secrets in any product (written or otherwise) developed through a Contract. Licensing and marketing rights to the developed product will not be granted in the Contract. Proposals regarding these rights should not be submitted in response to this Request for Proposal and will not be considered in evaluating responses. If, in the future, the City elects to commercialize the developed product, the licensing and marketing rights will be negotiated separately. 7. SCOPE OF WORK 7.1 BACKGROUND As the City embarks on its tenth year of incorporation, it has realized significant changes in its political, social, and economic status, and is enjoying modest growth in many of its business sectors. The current Diamond Bar City Council has adopted a pro-business philosophy, and is dedicated to creating a successful, balanced business base, while maintaining a high level of service for its residents and visitors. The Council has moved aggressively in creating opportunity for business investment through -the establishment of a Redevelopment Agency, which is beginning to have a positive impact on the overall business environment. ILLI City of Diamond Bar Request for Proposal EDSP 99-1 Diamond Bar residents are also interested in creating a business environment that focuses on a diverse offering of quality retail, and have indicated a high level of support for those businesses that will meet their needs. However, many retail voids currently exist, and residents are compelled to travel outside the community to find retail establishments that offer the products and services that they require. Although the Diamond Bar community continues to maintain its upscale, suburban status, the City has not realized the full benefit of its retail business sector due to this sales tax leakage. Significant strides have been made in the last few years in marketing the community, and the City has been successful in promoting an atmosphere of cooperation and involvement within the business community. The potential for business opportunity and success has never been at a higher level than it is today. A well -crafted Economic Development Strategic Plan will take Diamond Bar to the next level, and provide a specific, designed approach to expanding and maintaining a healthy business climate for many years to come. 7.2 OBJECTIVES A. Assessment, definition, design, and implementation of a program for attracting new commercial development to the community. In the past few years, the City of Diamond Bar has actively marketed itself to potential business investors, and has realized moderate success in attracting quality retail businesses to many of its existing shopping centers. Many older, established communities that border the Diamond Bar trade area have successfully attracted businesses that are not willing to locate in Diamond Bar because their existing locations in those communities are too close in proximity to Diamond Bar. As a result, the city has not always been able to attract national retailers, even though the community could support them, as evidenced by its size, income, and other demographic data. In order to fill vacancies within existing retail centers (the City has very little undeveloped commercial property), it will be necessary to develop an attraction 20 City of Diamond Bar Request for Proposal EDSP 99-1 program that targets, and successfully attracts, new and unique retail businesses — businesses that can fill existing shopping voids, and that may not be available in nearby communities. As indicated in a 1995 survey of Diamond Bar residents, these retail categories would include, but are not limited to, clothing; shoes/accessories; furniture/housewares; full-service restaurants; and recreation and entertainment ventures.' B. Assessment, definition, design, and implementation of a program for retaining existing commercial develop- ment within the community. Although vacancy rates in existing retail, office commercial, and industrial sectors vary, the City continues to strive for 100 percent occupancy in all business sectors. A successful business retention program will ensure a high degree of satisfaction by the business community, and will create opportunities for local businesses in support of their efforts for growth and expansion. As a result, it is anticipated that a thriving business environment will provide greater sales tax benefits to the community, as well as greater opportunities for local employment for residents. C. Assessment, definition, design, and implementation of a program for the rehabilitation of existing retail - commercial centers throughout the City. The City of Diamond Bar currently has a number of neighborhood retail shopping centers that provide products and services for its 58,000 residents. These centers are located throughout the community, and many have similar characteristics that can, and often do, act as barriers to a successful retail environment. Poor visibility, access, and parking, (primarily attributed to development that occurred prior to the City of Diamond Bar's incorporation), have impacted potential investment and growth. Additionally, the architectural A Survey of Diamond Bar, California, Pacific Research & Strategies, Inc., 1995 21 City of Diamond Bar Request for Proposal EDSP 99-1 style and physical condition of many centers hinders the City's ability to create an attractive, exciting, and "shopable" environment for residents and visitors. A successful rehabilitation program will mitigate existing consumer barriers, and provide a fresh approach to modernizing and energizing these commercial centers. D. Assessment, definition, design, and implementation of a program to identify, select, and prioritize redevelop- ment project areas within the City's Economic Revitalization Area. In concert with an overall economic development strategy for rehabilitating existing commercial property within the City, the Diamond Bar Redevelopment Agency has implemented an Economic Revitalization Area which incorporates all of its commercial office, retail, and industrial property. The ERA creates an environment that allows the City to exercise its redevelopment authority to assist in the facilitation of new ventures, as well as selected redevelopment projects. The Economic Development Strategic Plan should present viable solutions and implementation strategies for achieving complete revitalization within selected ERA project areas. An important component to this renovation and enhancement is the creation of a unique and consistent identity, recognizable in all projects. ERA projects should also be consistent with the City's overall goals and objectives for commercial development. The Economic Development Strategic Plan will serve as an essential component in the City's overall efforts to plan and implement projects and programs that will benefit the businesses and residents of the community. Its unique design, comprehensive approach, and realistic strategies for implementation will ensure success for many years to come. 22 City of Diamond Bar Request for Proposal EDSP 99-1 8. EVALUATION CRITERIA The following criteria, shown in order of importance, form the basis upon which evaluation of proposals will be made. 8.1 MANDATORY CRITERIA The following are mandatory requirements. Proposals not clearly demonstrating that they meet them will receive no further consideration during the evaluation process. A. Five complete hard copies of the proposal must be submitted. B. One digital copy of the proposal must be submitted per the following specifications: B-1. Microsoft Word (Office 97 Version) for Windows- based PC. B-2. Graphic files to be in (.tif) format for Windows- based PC. C. Proposal must be in English and must not be sent by. facsimile. D. Proposal must be received by the closing date and time. E. Proposal must be signed by the appropriate person. F. Proposal must be formatted in accordance with Proposal Format (Section 10). 8.2 DESIRABLE CRITERIA Proposals meeting the mandatory requirements will be further assessed against the following criteria. The relative weighting for each criterion is also given. 23 City of Diamond Bar Request for Proposal EDSP 99-1 a .x � p ».<:4c" 1. Suitability to Task 40% N/A A. The proposal defines a clear, logical approach to assessing, defining, designing, and implementing an Economic Development Strategic Plan. B. The proposal offers original and creative methods for accomplishing the task. C. The proposal identifies all necessary components of the Plan, including city-required participation (if any). D. The proposal identifies defined timelines for implementation measures. 2. Price 35% N/A 3. Company Qualifications 25% 15% A. Prior experience in the creation and implementation of an Economic Development Strategic Plan. B. Skills/talents of proposed project team. C. References (e.g., soundness and relativeness to task). 24 City of Diamond Bar Request for Proposal EDSP 99-1 9. CONSULTANT RESPONSE In order to receive full consideration during evaluation, proposals should include the following: 9.1 To meet Mandatory Criteria A. Five complete hard copies of the proposal must be submitted. B. One digital copy of the proposal must be submitted per the following specifications: B-1. Microsoft Word (Office 97 Version) for Windows- based PC. B-2. Graphic files to be in (.tif) format for Windows- based PC. C. Proposal must be in English and must not be sent by facsimile. D. Proposal must be received by the closing date and time. E. Proposal must be signed by the appropriate person. F. Proposal must be formatted in accordance with Proposal Format guidelines (Section 10). 9.2 To meet Desirable Criteria 9.2-11" Suitability to Task A. The proposal defines a clear, logical approach to assessing, defining, designing, and implementing an Economic Development Strategic Plan. Describe what approach your company will take to assess and define the City of Diamond Bar's current economic condition and its potential for future economic success. Illustrate how your company will meet the requirements for each element outlined in the Summary of Requirements, how these elements will be 25 City of Diamond Bar Request for Proposal EDSP 99-1 implemented, and by whom. B. The proposal offers original and creative methods for accomplishing the task. Describe what original and creative ways your company will undertake to achieve a high degree of success during the process of developing and implementing the City's Economic Development Strategic Plan. Specify what technologies and techniques will be utilized to ensure a successful Plan. C. The proposal identifies all necessary components of the Plan, including city -required participation (if any). In detail, provide an overview of the necessary components in the Economic Development Strategic Plan that will be required in order to successfully address each element in the "Summary of the Requirement" section (1) of this Request for Proposal. What resources and oversight will your company provide during the assessment and implementation process? What participation, if any, will be required by the City? D. The proposal identifies defined timelines for implementation measures. Illustrate a timetable for the assessment, definition, design, and implementation of the Economic Development Strategic Plan and its components. 26 City of Diamond Bar Request for Proposal EDSP 99-1 9.2.2 Price The response to this Request for Proposal should include a breakdown of fees as follows: A, Provide pricing for the design and development of the Economic Development Strategic Plan; B. Provide pricing for any implementation measures (programs) that your company proposes to execute and manage on behalf of the City. 9.2.3 Company Qualifications A. Prior experience in the creation and implementation of an Economic Development Strategic Plan. Indicate successful development and implementation of an Economic Development Strategic Plan, including any examples of economic development/redevelopment measures taken to achieve goals similar to those stated in this Request for Proposal. B. Skills/talents of proposed project team. Present background information on the proposed project team, including education, experience, and any relevant awards/honors received in the area of economic development/redevelopment. C. References (e.g., soundness and relativeness to task). Provide a minimum of three references: other public agencies that have utilized your company's services in the past five years (these can include cities, counties, special districts, economic development corporations, or private industry councils). Present examples (as they relate to the 27 City of Diamond Bar Request for Proposal EDSP 99-1 City of Diamond Bar's objectives) of work performed, timelines, and results achieved. 10. PROPOSAL FORMAT Evaluation of proposals is made easier when Consultants respond in a similar manner. The following format and sequence should be followed in order to provide consistency in Consultant response and ensure each proposal receives full consideration. All pages should be consecutively numbered. A. Title Page, showing Request for Proposal number, Consultant's name and address, Consultant's telephone number, and a contact person. B. One page letter of introduction signed by the person or persons authorized to sign on behalf of, and bind the Consultant to, statements made in the proposal. C. Table of contents including page numbers. D. A short (one or two page) summary of the key features of the proposal. E. The body of the proposal, including pricing (i.e., The "Consultant Response"). Additional requirements: F. Each proposal must be submitted in both hard copy and digital format (Note: Although five hard copies of the proposal are required, only one digital copy will be required). G. The proposal hard copy must be composed with at least a one -inch (1") margin at the top and bottom of each page, and at least a one and one-half inch (1.5") margin on the right and left side of each page. Font style must be in a standard Helvetica typeface, and font size must. be a minimum of 12pt. H. Proposal hard copies must be accompanied by a duplicate digital copy produced in Microsoft Word (Office '97 Version) for Windows (PC), and any graphic images included as part 2s City of Diamond Bar Request for Proposal EDSP 99-1 of the proposal must be included in the digital copy in the (.tif) format for Windows (PC). Data may be submitted on any of the following Windows PC -compatible media: 3-1/2" floppy diskette(s); Zip disk; Compact Disc. 11. CONSULTANT CHECKLIST This checklist has been provided solely for the convenience of the Consultant. Its use is not mandatory and it does not have to be returned with the proposal. However, the Receipt Confirmation form should be returned upon receipt of the Request for Proposal. ♦ The requirements of the Request for Proposal have been read and understood by everyone involved in putting together the proposal. ♦ The Receipt Confirmation Form has been completed and sent in. ♦ The proposal addresses everything asked for in the Request for Proposal. ♦ The proposal meets all the mandatory requirements of the Request for Proposal. ♦ The proposal clearly identifies the Consultant, the project, and the Request for Proposal number. ♦ The Consultant's name and the Request for Proposal number appear on the proposal envelope. ♦ The appropriate number of copies of the proposal have been made. (Proposals without the correct number of copies may be rejected.) ♦ Every care has been taken to make sure the proposals are at the closing location in plenty of time, as late proposals will be rejected. ♦ The proposal is being delivered by hand, courier, or mail, as faxed proposals are not accepted. 29 City of Diamond Bar Request for Proposal EDSP 99-1 APPENDIX A RECEIPT CONFIRMATION FORM ECONOMIC DEVELOPMENT STRATEGIC PLAN REQUEST FOR PROPOSAL NO. EDSP 99-1 CITY OF DIAMOND BAR, CALIFORNIA To receive any further information about this Request for Proposal please return this form immediately to: CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765-4177 Attention: Mike Nelson COMPANY: STREET ADDRESS: CITY: STATE: ZIP CODE: MAILING ADDRESS IF DIFFERENT FROM ABOVE. STREET ADDRESS: CITY: STATE: City of Diamond Bar Request for Proposal EDSP 99-1 ZIP CODE: 30 PHONE NUMBER: (_) FAX NUMBER: (.-) CONTACT PERSON: E-MAIL ADDRESS: ❑ We will be attending the Consultants' meeting. Number of people attending O We will not be attending but will probably be submitting a proposal. Unless it can be sent by fax, please send further correspondence about this Request for Proposal by: ❑ Courier collect: courier name and account no. ❑ U.S. Mail SIGNATURE: TITLE: 31 City of Diamond Bar Request for Proposal EDSP 99-1 Attachment B: Economic Development Strategic Plan Proposal Evaluation Sheet k / t ƒ() «Q. 2 & $fes a 2 A kCO @ A @ k \ 2 CL k e Q $ � @ � 2 z22k2 2 ® o � >4)fƒ - � > W S o %0 a 0 CL c � .g ` c E k 2 ƒ 0 7 \ 2 � _ § k c _ k M k \ k 2/ ƒ$ E CL 2 2 I c § 0� 7 \] g 2) E M E e § " _ e: ■ 0 2 0 0© $ 7 [ §/ Jƒ E J E _ � _ a- c m a a g f• ■ >, _ g E 0 = a o: > CL 2 0 2 2 ■ k © �- ■ © _ ® >_ §®> o o o a a tAk cE % ko%0 k% kf2 ka) 0 CL a=ems aE ©5 a§ E 2 2 2 U e i§ C$$ 2§ e 0 M k k k k 2 a a@ a¢ E 2 k f g k 2 E� S f) m 2 E £� S E 2ƒ 3 '/ R w R o£ R o o @ a w 0 -0 v o v ca m W 2 L O v N A r O H Nl O 1� w C O La In N r O C> C OR U o m o CL a� o O o M Ud N N Y N t X a m 3 E 0 11 O U :D 6 fn fn II a II C II II cn a � E a o m CL c �; x c_n ca a m C AD OIv U C m O O 2.8 m C a)cm 0 0a a p ami C a s to 0 W .0 ai C •I• C�O m :+ ^ Y a8 � o o T p a to � 4) CL co o vio cy a E oi N ami C x N a a) E 0 c > m to 'm .0 a > N A cn Up m a .E 0 U N M cu U ca m W 2 L O v N A r O H Nl w C lQ 7 H C O O U C U CL m o CL a� o O o o Ud N N Y t X a m 3 E 0 11 O U :D 6 fn fn II a II C II II cn a � Attachment C: Kosmont and Associates, Inc. Proposal Proposal to Develop and Implement an Econonic Development Stagetic Plan RFP# EDSP 99-1 Submitted to: City of Diamond Bar Submitted by: Kosmont & Associates, Inc. In association with: Agajanian & Associates Urban Design Studios June 14, 1999 This replaces cover page. See attachment KosMONT & ASSOCIATES, INC, Real Estate - Entitlements - Economics - Redevelopment June 14, 1999 Mike Nelson Director of Communications & Marketing City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Barg California 91765-4177 Re: Proposal to Design, Develop, and Implement an Economic Development Strategic Plan Dear Mr. Nelson: Kosmont & Associates, Inc. ("KA") is pleased to present this proposal to the City of Diamond Bar ("City") in response to the Request for Proposal an Economic Development Strategic Plan. KA believes it is necessary to assemble the optimum team in order to achieve optimum results. The proposed project team consists of KA, Agajanian & Associates ("A&A"), and the Urban Design Studio ("UDS"). The proposed KA team members are senior professionals who not only have the required technical skills, extensive experience, but the creative edge necessary to achieve the desired Redevelopment and Economic Development goals for the City. The KA team has extensive experience and capability in urban economics, redevelopment, public/private development, financial feasibility and market analysis, and planning and urban design. Moreover, KA maintains an extensive client base of commercial/retail developers, tenants, and property managers who can provide valuable contemporary real-world insight into commercial/retail markets and trends. The KA team feels that in order to formulate an implementation strategy that can create the environment, policies, and programs needed to achieve the optimum desired results, that it will be necessary to discard traditional models and propose new approaches. The KA will therefore reconsider the role of the commercial sector within Diamond Bar and formulate an economic development strategy to achieve a long-term sustainable commercial balance. The assignment will use fresh analytic methods to better define the role of sites/centers within the City, to create optimal commercial synergy, to create attractive commercial environments, and to achieve a long-term sustainable commercial balance. The resulting recommended strategy will clearly 601 South Figueroa Street, Suite 4895 - Los Angeles, CA 90017 9 Telephone (213) 623-8484 Fax (213) 623-8288 UMONT & ASSOCIATES, INC, Real Estate , Entitlements - Economics - Redevelopment Mike Nelson City of Diamond Bar June 14, 1999 Page 2 of 2 describe the direction of commercial development in the City and the initiatives available to implement the strategy. It is our intent to prepare a market supportable commercial development strategy that fully utilizes the powers of the RDA to retain, relocate and attract desired businesses. Additionally, the implementation initiatives will address rehabilitation of commercial properties and needed infrastructure improvements. The KA team is prepared to commit the resources necessary to fulfill all the requirements described in the RFP to ensure success of this project throughout the term of the contract. I will act as Project Manager for this engagement. Please feel free to call him at (213) 623-8484, should any questions arise during the evaluation process. We look forward to discussing our proposal with you Sincerely, Henry Madrid Senior Vice President PROPOSAL TO DEVELOP AND IMPLEMENT AN ECONOMIC DEVELOPMENT STRATEGIC PLAN RFP# EDSP 99-1 June 14, 1999 Submitted to: CITY OF DIAMOND BAR Submitted by: KOSMONT & ASSOCIATES, INC. 601 South Figueroa Street, Suite 4895 Los Angeles, California 90017-5711 Contact: Henry Madrid (213) 623-8484 In association with: Agajanian & Associates Urban Design Studios TABLE OF CONTENTS I. INTRODUCTION................................................... 1 Background................................................. The Assignment ........................................... 1 II. APPROACH......................................................... 3 Approach.................................................... Scopeof Work ............................................. 4 III. FIRM QUALIFICATIONS ......................................... 8 Team......................................................... Kosmont & Associates ................................... 8 Agajanian & Associates ................................. 9 Urban Design Studios .................................... 9 IV. RELEVANT PROJECT EXPERIENCE ........................ 11 Kosmont & Associates ................................... 11 Agajanian & Associates........... ................. 8 Urban Design Studios .................................... 29 V. REFERENCES...................................................... 36 Kosmont & Associates..................................136 Agajanian & Associates ................................. 37 Urban Design Studios .................................... 38 VI. BUDGET/SCHEDULE............................................. 39 40 Proposed Budget.. ........................................ Proposed Schedule........... ................ 41 APPENDIX Team Qualifications and Resumes I. INTRODUCTION BACKGROUND The City of Diamond Bar ("City"), as it embarks on its tenth year of incorporation, has seen significant changes in its political, social and economic status, and is enjoying modest growth in many of its business sectors. The City's current Diamond Bar Council has adopted a pro-business philosophy, and is dedicated to creating a successful, balanced business base, while maintaining level of service for its residence and has a tablisheda Redevelopment Agenc visitors. The Council y that has projected a positive image to the overall business environment. Residents of the City would like to see the overall business environment to focus more on a diverse offering retail establishments that will meet their needs. Residents are compelled to travel outside the City to find retail stores to meet their needs. But there has been significant strides in the last few years in marketing the community, and the City has been successful in promoting an atmosphere of cooperation and involvement within the business community. THE ASSIGNMENT The City wants to take what it has accomplished, to a higher level, by formulating a well -crafted Economic Development Strategic Plan that will provide a specific and designed approach to expanding and maintaining a healthy business climate for many years to come. Kosmont & Associates, Inc. ("KA") acknowledges that the City seeks proposals for the design, development, and implementation of a comprehensive Economic Development Strategic Plan that will address specificobjectives,iEconomic effective implementing recommendtiosdefed in the Development Strategic Plan KA understands that the following elements are to be addressed in the Economic Development Strategic Plan: Assessment, definition, design, and implementation of; A program for attracting new commercial development to the community; 1 City of Diamond Bar Economic Development Strategic Plan I. INTRODUCTION • A program for retaining existing commercial development within the community; • A program for the rehabilitation of existing retail -commercial centers throughout the City; • A program to identify, select, and prioritize redevelopment project areas within the City's Economic Revitalization Area. :,KA acknowledges that the City is looking for a tightly tailored Plan that makes political, social, and economic sense for the businesses and residents of Diamond Bar. City of Diamond Bar 2 Economic Development Strategic Plan II. APPROACH APPROACH The purpose of this assignment is to reconsider the role of the commercial sector within the City Diamond Bar ("City" or "Diamond Bar") and formulate an economic development strategy to achieve optimal long- term, sustainable commercial balance of commercial uses. Traditional planning approaches to economic development of a city's commercial sector will prove inadequate for Diamond Bar because of the rapidly changing concepts for use of commercial sites and centers. The notion of the traditional shopping center as an efficient retail sales machine in a growing suburb is rapidly giving way to the concept of a mature center as an attractive, multi -use, public environment on private land which clearly expresses the values of the community. As such, commercial properties in Diamond Bar will not only change in their retail mix and appearance, but, more importantly, they will change their functional role. It is therefore in the City's interest to help shape the new functional role of commercial properties as a means to achieve sustainable commercial synergy and balance for the City. The goals of this assignment will be to better define the role of site/centers within the City, to create optimal commercial synergy to create attractive commercial environments, and to achieve long term sustainable balance of commercial uses. To this end we have formulated a new approach which- seeks to define the future functional roles of the commercial sector and the commercial sites and centers in the City. We intend to deconstruct the existing commercial mix and reconstruct a new mix to achieve the desired functional roles. Thus, we will be able to identify which existing uses remain, which serve best at another site or center, and which new uses to attract. This will form the basis of the economic development strategy. It is our intent to prepare a market supportable commercial development strategy that fully utilizes the powers of the RDA to retain, relocate and attract desired businesses. Additionally, the implementation initiatives will address rehabilitation of commercial properties and needed infrastructure improvements. City of Diamond Bar 3 Economic Development Strategic Plan II. APPROACH SCOPE OF WORK Task 1 Project Initiation This task will clarify any scope of service task, project schedule, product and administrative issues. Arrangements will be established for staff to staff communications, staff reviews, and delivery of identified documents, information or maps/graphics from the City. Task 2 Background Research Several background studies will be needed to establish current conditions. The findings from these background studies will be used to evaluate existing conditions, gauge existing and future market demand, and describe the functional roles of the Diamond Bar commercial sector. A. Existing Conditions This effort will compile existing relevant Diamond Bar goals, objectives and policies with regard to land use development, economic development, and redevelopment. Additionally, this effort will list the roles, missions, programs and available assistance of agencies, departments, organizations and persons affecting economic development in Diamond Bar. Finally, a statistical picture of existing demographic, economic and social characteristics of the City and subregion will also be compiled. B. Site Analysis All commercial sites/centers within Diamond Bar will be examined. Their current uses, locations, sizes, accessibility, visibility and physical character will be documented along with known shopping patterns and competition. Relevant information on infrastructure capacity, performance and adequacy will also be examined to identify problems and opportunities. C. Market Analysis A comprehensive market analysis will be conducted to assess the net commercial demand for the subregion (or updated if a recent study is available). This analysis will reveal the type, amount and timing of available future demand of commercial uses. The analysis will further City of Diamond Bar 4 Economic Development Strategic Plan II. APPROACH isolate those short and long-term commercial market segments in demand which are most suitable to Diamond Bar. Market supportable commercial opportunities and constraints for the City will be evaluated. D. Functional Roles of Existing Commercial Centers Central to the approach is the reevaluation of the functional role that commercial sites/centers play in the City and its economy. Based upon the findings of the other background studies and a review of the current literature, this analysis will describe not only the current role sites/centers play in the City economy, but also the potential role that these sites/centers may function as in the future. Concepts such as the "place based retailing," "new urbanism, 'sustainable development," and "neo- traditional planning" will be related to the current, and potentially future, role of commercial sites/centers in the City. This analysis will help the City organize its future commercial sector role and keep the City economic development strategy ahead of rapidly changing commercial development trends. Task 3 Strategic Evaluation This task will evaluate the findings from the background studies, assess the opportunities and constraints facing Diamond Bar's commercial sector, and conclude with a clear direction for commercial development. A. City/Site/Center Opportunities and Constraints Commercial demand opportunities and constraints will be summarized for the City, and individual sites and centers. This summary will define the range of commercial and retail uses that may be competitively attracted to the City/sites/centers when key constraints are mitigated. B. Retail Market Clusters Analysis This special analysis will identify which combination of available commercial uses create the highest sales/service synergy levels. The proprietary analysis will identify those commercial use clusters which offer the greatest measure of commercial synergy for the City and each site and center. These resulting clusters of highly interactive and complementary uses will be used as a guide to help select the functional roles.of each site and center, the recommended uses to retain and attract, and the associated constraints which need to be mitigated. City of Diamond Bar 5 Economic Development Strategic Plan II. APPROACH C. Approach to Sustainable Economic Development This evaluation seeks to bring together all of the factors influencing the future performance of the City's commercial sector. The core of the Economic Development Strategy Plan will be formulated in this subtask and used to guide the subsequent work. Task 4 Strategy Formulation The entire recommended Economic Development Strategy Plan will be detailed in this section. The strategy will address the following issues: - The functional role of commercial uses in the City, at sites, and at centers. - The commercial cluster of uses for the City, sites and centers. - Specific commercial uses to retain, relocate and attract. - Specific on-site rehabilitation improvements for sites and centers. - Specific off-site infrastructure improvements for the City, sites and centers. - The role of redevelopment and public/private development. Task 5 Implementation Initiatives Based upon the Economic Development Strategy mission statement formulated in Task 4, a series of recommended initiatives will be formulated to reach and sustain the desired commercial activity in the City. The initiatives will take into consideration the available resources, priority. of need, estimated initiative costs, and responsible organizations. The initiatives will be subdivided to address the City as a whole and sites/centers individually. More specifically, the following categories of initiatives will be formulated for the City and each site/center, as appropriate: - Means to strengthen economic development and redevelopment actions. - Means to retain and relocate existing businesses. - Means to attract new businesses to complete the commercial clusters. - Means to rehabilitate existing commercial development. - Means to address infrastructure improvements. - Means to finance improvements, rehabilitation, and business attraction. City of Diamond Bar 6 Economic Development Strategic Plan II. APPROACH - Means to assess and evaluate.the progress of implementation. Task 6 Report Production The report will be produced in a draft and final form. The draft report will be a staff review document for comment. The report will contain text, graphics, tables and maps, as necessary, to fully document the study, its findings and its recommendations. Based upon staff comments, the draft report will be revised and a final report document will be prepared. Ten copies of the final report will be provided. Task 7 Meetings and Presentations Staff meeting will be needed to start the assignment and, as a minimum, one meeting at the end of each task to bring the staff up to date on the progress of the report and findings. A presentation of the draft report will be made to the staff. Two additional presentations will be made to the Planning Commission and/or the Council/RDA Board, as needed. City of Diamond Bar 7 Economic Development Strategic Plan III. FIRM QUALIFICATIONS TEAM Kosmont & Associates, Inc. (KA) will be the prime consultant for this assignment, with subcontractors Agajanian & Associates (A&A) to assist in the research and planning, and Urban Design Studios (UDS) to assist in urban design and planning. KOSMONT & ASSOCIATES KA, founded in 1986 by Larry J. Kosmont, is a full-service real estate advisory firm with offices in Los Angeles and San Diego. KA provides a broad range of services related to public/private real estate transactions, urban economics, land use and entitlements, fiscal and economic impact analysis, and real estate development. KA principals have over 70 years of experience guiding public and private clients through planning, predevelopment, and the real estate implementation processes. For the public sector, KA creates development programs, and economic incentives that encourage investment in a community. Both public and private sectors benefit from KA's unparalleled experience fusing public and private interests in order to create mutually beneficial marketplaces. Relevant Services Offered: • Urban Economics • Land Use Planning • Redevelopment Planning and Implementation • Retail Revitalization and Business Assistance • Entitlements Evaluation, Analysis and Processing • Pre -Development Services • Fiscal Impact Analysis • Financial Feasibility Analysis • Major Reuse Analysis • Public Asset Management Services • Economic and Market Analysis Henry Madrid, Senior Vice President of KA, will serve as project manager for this engagement. Mr. Madrid is a real estate professional with over 20 years of extensive and varied public and private sector experience. He has served as Director of Real Estate for the nation's largest City of Diamond Bar 8 Economic Development Strategic Plan Ill. FIRM QUALIFICATIONS redevelopment agency. Mr. Madrid is experienced in all phases of the private and public -sector real estate development processes. Mr. Madrid's relevant public sector experience includes urban economic analysis, retail market analysis, economic development strategies, redevelopment planning and implementation, business assistance programs formulation, downtown revitalization studies, and public asset management. .Mr. Madrid will be assisted by Thomas Jirovsky, also a Senior Vice President of KA. Relevant areas of specialty include financial advisory services to commercial and retail clients, retail market analysis, asset management, and public/private joint ventures. Mr. Jirovsky has also managed numerous commercial and retail financial and economic studies of new developments ranging from small neighborhood centers to 10,000 - acre residential communities, and billion -dollar international resort projects. AGAJANIAN & ASSOCIATES A&A, founded in 1987 by Shant Agajanian, Ph.D., will participate as a collaborative team member in a subcontractor capacity to KA. Mr. Agajanian will provide senior level urban economic research, concept formulation, planning and advisory consulting services for this engagement. Mr. Agajanian has completed and managed numerous urban economic and planning studies, commercial/retail market analysis, for individual projects, and area wide revitalization, and redevelopment programs. URBAN DESIGN STUDIOS Ronald Pflugrath, an urban planner/designer, involved in a wide variety of public and private sector urban design and planning projects over the past 26 years, will also participate as collaborative team member in a subcontractor role to KA. Over the past 12 years with UDS, Mr. Pflugrath has established a strong reputation for preparing design guidelines, community design elements, specific plans, and zoning code documents. Mr. Pflugrath has recently been involved with the preparation of seven public initiated specific plans where he either managed the project or was a major contributor. City of Diamond Bar 9 Economic Development Strategic Plan III. FIRM QUALIFICATIONS Mr. Pflugrath will be assisted by Robert R. Klekner, an urban designer of UDS. Mr. Klekner brings to the KA team, varied skills, from graphic design and illustration to site planning and urban design. Resumes of the Kosmont team are included in the Appendix section. City of Diamond Bar 10 Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE KOSMONT & ASSOCIATES City of Rancho Mirage Economic Development Strategy Kosmont & Associates, Inc. (KA) was retained to evaluate the Specific Plans and related Redevelopment and economic development strategies. The objectives establishing goals for the commercial corridor, reviewing the current commercial market, understanding current requirements of the development community, identifying the City's competition, and reviewing current development tools. The ultimate objective of the assignment is to formulate a fresh strategy to achieve its land use and development goals for the Corridor. Figueroa Corridor Economic Development Strategy KA led a consultant team in the evaluation and formulation of a major revitalization strategy for the Figueroa Corridor in Downtown Los Angeles. KA's principal responsibility related to the economic planning, market, and strategy formulation. In addition, KA examined the spectrum implementation and financing alternatives for the recommended development strategies. Since completion of the study, the City of Los Angeles has nearly completed development of the new Staples sports Arena, and is nearing negotiations for a new football stadium and introduction of an expansion team, all within the corridor. Fair Oaks Specific Plan Market Study and Design Guidelines KA was the prime consultant responsible for preparing background documentation for the Fair Oaks Specific Plan. KA's work focused on a market and demographic analysis of the trade area along with a review of zoning code and other city restrictions that may impede revitalization of the Fair Oaks/Orange Grove area. KA performed financial analysis of various development opportunities, and also provided recommendations for economic development and incentive programs to attract developers and tenants to the area. Working with Trautmann & Linn Architects, KA prepared a final market study with recommended design guidelines and infrastructure improvements. The Fair Oaks area of Pasadena has been underperforming for years and has an incompatible mix of light industrial, residential, and commercial uses. The market study and guidelines that KA prepared will assist the city in creating a specific plan and economic development strategy to attract investment to the area. City of Diamond Bar 11 Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE Walt Disney Imagineering - Ongoing Consulting Services KA is under retainer by Walt Disney Imagineering to perform various economic and financial analyses in connection with proposed commercial development projects. Economic Development Strategy Mr. Madrid assisted in the preparation of an economic development plan for the City of San Fernando whose objective was to stimulate the local economy, strengthen the City's revenue base, and create job opportunities for local residents. The work entailed an economic base assessment, evaluation of economic strengths and weaknesses, demographic and socioeconomic analysis, fiscal impact analysis, identification of opportunities, formulation of a business -assistance and economic development implementation strategies. Economic Development Workshop, Inglewood, CA KA directed workshops with the major businesses in Inglewood—including the Forum, Hollywood Park racetrack and casino, the Los Angeles Kings professional hockey team, Daniel Freeman Memorial Hospital and Centinela Hospital—to explore economic development mechanisms to revitalize the commercial corridor of Inglewood and to attract tourists and visitors to Inglewood's sports, entertainment and world-renowned medical facilities. Economic Base Analysis/Los Angeles World Airport KA was retained by the J F Brown Company, an airport consulting firm, to study the economic base of Southern California for purposes of planning for expansion of the Los Angeles International Airport. Work includes economic base analysis, and economic forecasting. Glendale/Los Angeles Joint Revitalization Strategy KA was retained by the City of Glendale Redevelopment Agency to study the physical and economic conditions of an industrial area of Los Angeles located adjacent to the City of Glendale located along San Fernando Road. This work entails description of the local economic base, real estate market analysis, quantification of the fiscal impacts, and economic revenues generated by these businesses. The assignment objective is to determine creative ways in which to separate jurisdictions can work together to solve social, economic, and physical problems together for the benefit of both jurisdictions. 12 City of Diamond Bar Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE Retail Shopping Center Revitalization Study Mr. Madrid participated in assessing the feasibility of redeveloping the Santa Barbara Plaza shopping center located in the City of Los Angeles under contract with the LACRA. Responsibilities included economic base study, real estate market analysis, socioeconomic analysis, business conditions assessments, formulation of project implementation strategies, identification of financing alternatives, and determination of methods to enhance local community participation in the project. Central City East Economic Development Strtegy KA was retained by an association of downtown businesses to document the physical and economic conditions and formulate revitalization strategies for the central city area of Downtown Los Angeles. This assignment included analysis of the local economic base, quantification of the fiscal and economic impacts generated by these businesses, assessment of the study area competitiveness, and formulation of revitalization strategies. Taylor Railroad Yards Land Development Reuse Study Mr. Madrid participated in the market and development planning analysis for the reuse of the former Taylor Railroad Yards property located near Downtown Los Angeles for the Los Angeles County Metropolitan Transportation Authority (MTA). Responsibilities included; site evaluation; conceptual site planning alternatives; commercial, residential and industrial market research and analysis; economic base analysis; reuse alternatives formulations. The study process included extensive workshops and strategy formulation by the local community Cornfield Railroad Yards Land Development Reuse Study The study involved determination and assessment of site development opportunities and constraints for the reuse of the former Cornfield Railroad Yards property located near Downtown Los Angeles under contract with the MTA. The work included physical site planning, property valuation, alternative reuse analysis, and joint development potential analysis. The study also entailed formulation of alternative interagency development strategies. Economic Development and Reuse Strategy Plan KA participated in the development planning of the $1 billion reconstruction of the Los Angeles County/USC Medical center complex. 13 City of Diamond Bar Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE Hospital replacement and downsizing will create extensive surplus land and opportunities for public/private development and area revitalization. Responsibilities included real estate market analysis, alternative reuse analysis, joint -development potentials analysis, financing assessment, and development planning recommendations. Economic Development Strategy Plan Mr. Madrid participated in the development planning strategies for the Pico Aliso residential community of Los Angeles under contract with the City Housing Authority. The $50 million HUD revitalization program included goals to stimulation economic development and the creation of job opportunities. Responsibilities for residential and commercial market analysis, demographic and employment analysis, program financing alternatives, site development strategies, and economic revitalization strategy formulation. Commercial Corridors Economic Development Strategy Mr. Madrid prepared a comprehensive community and economic development analysis for the Watts Community of Los Angeles. Responsibilities included residential, commercial, and industrial market analysis, evaluation of the local economic base, formulation of revitalization, business improvement, and real estate development strategies for the study area. Fairoaks Redevelopment Project, City of Pasadena Mr. Madrid participated in a redevelopment plan adoption study for a 105 - acre area ofAhe City of Pasadena. The work included redevelopment feasibility analysis, economic and physical blight analysis, real estate market and development assessment, and preparation of related redevelopment reports and documentation. Principal responsibilities included, market analysis, and preparation of economic and physical blight reports. Commercial Corridor/Business Revitalization Mr. Madrid prepared a market analysis and development strategy study for the Lincoln Heights Community of East Los Angeles for the Los Angeles Community Development Department. The scope of work included an economic base analysis, business conditions assessment, real estate market analysis, project development, and financing strategy formulation. 1. 14 City of Diamond Bar Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE Fox Field Industrial Corridor Specific Plan KA is contributing its development strategy and financial expertise to the Fox Field Industrial Corridor Specific Plan. The Specific Plan, which encompasses a large area in the vicinity of the Fox Field airport, is intended to enact appropriate zoning for future airport operations, as well as to serve as a vehicle for economic development in this area. KA has contributed development strategy advice such as phasing, absorption targets, and financial structuring to create a Specific Plan which will be the most feasible to implement in a challenging development setting. Inglewood Economic Development Study KA, in a joint venture with Udewitz Associates, prepared an economic and development study for a one-half mile length of West Boulevard in Inglewood. Key tasks of this study included: market evaluation for various use types, financial feasibility analysis, implementation strategies and community outreach. The focus of the study was to identify those feasible uses which provide the most benefit to the City and community. Economic Development Conference Facilitation Workshop Larry Kosmont served as the keynote speaker and facilitator for a 2 -day economic development conference held in Lake Tahoe, Nevada. The conference focused on development of a strategic business plan to revitalize the Tahoe region. The conference was co-sponsored by the Lake Tahoe Gaming Alliance, and included area merchants, major property owners, casinos, chambers of commerce representatives and various public agencies, creating a regional coalition for facilitating economic growth in this region. MTA Northeast Linkages Study KA participated on a team headed by Zimmer Gunsul Frasca Partnership to evaluate pedestrian, vehicular, and other linkages for the planned Avenue 57 and Southwest Museum Blue Line stations. KA is evaluated economic development programs and resources in an effort to recommend strategies for maximizing joint development opportunities near both proposed rail stations. The scope of work includes analyzing the impacts of proposed development and development aftematives, identifying possible economic resources in the Highland Park area, and researching opportunities for future economic development and revitalization. Specific tasks included market analysis, identification of funding sources, identification of joint development opportunities. 15 City of Diamond Bar Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE Pasadena Southwest Economic Development Strategy In a joint venture with Udewitz Associates, KA prepared an economic development strategy for a section of Pasadena, south of Old Town. KA's role consisted of evaluating the financial feasibility of various land uses for which demand exists, determining the need for public assistance to encourage development of such uses, and examining available regulations and incentives for their ability to promote private sector development. KA's work effort concluded with the creation of a strategy for implementing the various mechanisms which appear most effective in leading to private sector activity. City of Los Angeles, Mayor's Office of Economic Development LA Business Team's Guide to Business Resources For the Mayor's Office, City of Los Angeles, KA prepared a comprehensive resource guide to better enable LA Business Team staff to assist local businesses. KA researched, organized, and wrote a comprehensive guide to special resources available to businesses including special incentive zones, below-market loans, tax incentives, business training programs, utility incentives, and other programs. The Guide to Business Resources, organized into five chapters and a total of 32 subchapters, is intended to allow users to quickly identify appropriate programs based on acceptance criteria and available services. The Guide is presented in a reader -friendly format and can be easily updated. It also includes key contact information for government offices and related organizations and publications. Westwood Economic and Fiscal Impact Analysis KA was retained by The ARBA Group to conduct an analysis of the economic and fiscal and impacts of the proposed Village Center Westwood project located in Westwood Village. The analysis included public revenue projections for the City and County of Los Angeles, construction period and permanent job growth projections, and an in-depth analysis of potential spillover effects in the Westwood area. Various projections and anticipated spillover impacts were determined through a comparison of similar entertainment and retail areas in the Southern California area including Santa Monica and Pasadena. The proposed project involves a retail complex anchored by a large 50,000 square foot supermarket with 75,000 square feet of upscale retail, 46,000 square feet of restaurant, a 4,700 seat multiplex cinema and IMAX theater, and 242 units of senior citizen/congregate care. 16 City of Diamond Bar Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE Fairfield Revitalization Study For the City of Fairfield, KA in conjunction with Bay Area Economics, prepared a revitalization strategy for the North Texas Street corridor. The team evaluated the feasibility of various uses and is proposing both short- term and long-term strategies for the area in terms of market support, clustering of land uses, and economic support. KA presented numerous options for assisting the existing business based and creating incentive programs to attract new development and businesses. Survey of Municipal Business Fees, Taxes, and Economic Incentives KA publishes a comprehensive survey which compares city and county costs affecting businesses and developers in 113 selected jurisdictions in Southern California, Central and Northern California, Arizona and Nevada. The survey includes an evaluation of selected city and county fees, taxes and economic incentives for the private sector, incorporating office, industrial and retail projects. The survey contains a special case study chapter, profiling 25 jurisdictions, on the "cost of doing business". This survey assesses the cost impacts of business license fees, utility user taxes, and special entitlement fees on both owner/developers and tenants (retail/office) for various uses. The survey is used by corporations and the brokerage community to ascertain the advantages of doing business with low-cost and high -incentive cities. Local governments and chambers of commerce also utilize the survey to determine how competitive their city is compared to others. Relevant project experience for Agajanian & Associates and Urban Design Studios are outlined in the following pages. city of Diamond Bar 17 Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE AGAJANIAN & ASSOCIATES Economic Development Experience AGAJANIAN & Associates has gained extensive experience in the successful conduct of assignments related to the identification, evaluation and formulation of economic development strategies for cities and redevelopment agencies throughout Southern California. A&A has managed many economic development studies including both areawide and project level commercial and industrial development, revitalization and redevelopment studies. These studies focus primarily upon the formulation of development strategies which are market supportable, economically feasible, fiscally beneficial and implementable. Recent assignments which represent the firm's experience include: * Preparation of a Site Reuse and Economic Development Strategy for the former General Dynamics defense site in Pomona. This assignment used demographic analysis, industrial cluster analysis, and labor survey methods to assess local strengths, weaknesses and opportunities. * Preparation of the Magnolia Boulevard Revitalization Strategy in Burbank. This assignment sought to attract a new blend of commercial services to serve local residents and employees by identifying business attraction opportunities for the corridor. * Preparation of an Economic Development Element for the City of Lancaster General Plan. This is in combination with long range infrastructure financing and municipal budgeting analysis. * Preparation of an Economic Development Element for the City of Dana Point General Plan. * Formulation of a Commercial Development Strategy for the City of Walnut which outlined the best means to stimulate commercial development by identifying target land uses and priority sites. * Formulation of Economic Development Impacts for the Santa Anita Racetrack Specific Plan in Arcadia which assessed the impacts of a large proposed entertainment center upon local businesses, jobs and incomes. * Formulation of an Economic Development Plan focusing on retail, medical, hotel and entertainment development and business attraction for the City of Rancho Mirage. * Formulation of an Economic Development Plan to direct land development through buildout for the City of Loma Linda. This study focused upon retail, educational, biomedical and corporate office land uses. 18 City of Diamond Bar Economic Development Strategic Pian IV. RELEVANT PROJECT EXPERIENCE Development Feasibility Experience In addition to the specific projects listed on the following job descriptions, AGAJANIAN & Associates has gained extensive expertise in the successful conduct of development project feasibility studies for private developers, redevelopment agencies and municipalities. Dr. Agajanian has managed many development feasibility studies covering industrial, commercial, recreational and residential land uses. Among those projects which best represent his experience, skills and insight for this study are the following studies completed within the past 5 years. * On-going project feasibility advisory services for the City of Lancaster Redevelopment Agency. * Redevelopment project feasibility studies for a regional specialty retail center and community retail center in the ethnically diverse City of Monterey Park, California. Redevelopment feasibility study for the ethnically diverse community of San Ysidro in the City of San Diego, California. * Market feasibility studies for commercial development in the cities of Los Angeles, Chino, La Quinta and Manteca, California. * Market and financial feasibility analysis for hotel projects throughout California and the West Coast including San Diego CBD, Los Angeles CBD, west side of Los Angeles, Coachella Valley, Oxnard, Long Beach and other sites. * Market and financial analysis of industrial parks covering incubator, research and development, medical technologies, manufacturing and other industrial use types in Los Angeles, San Bernardino, Riverside and San Diego Counties. * Numerous market and financial analyses for office developments in Santa Monica, Los Angeles, Long Beach, San Diego, Oxnard, Palm Desert and other Southern California locations. These, and other studies completed by Dr. Agajanian listed in our qualifications package, reflect the critical capabilities of leadership, management and insight that A&A can bring to development feasibility studies. 19 City of Diamond Bar Economic Development Strategic Plan IV. RELEVANT PROJECT EXPERIENCE Implementation Programming Experience In addition to the specific studies listed on the following job descriptions, AGAJANIAN & Associates has gained extensive experience in the successful conduct of assignments related to the identification, evaluation and formulation of implementation programs for cities, redevelopment agencies and developers throughout Southern California. We prepare programs to implement land development and economic development plans, with special emphasis upon economic concerns such as program feasibility, financing methods and fiscal impacts. Dr. Agajanian has formulated many development plan implementation programs covering capital financing of infrastructure and community facilities, development phasing, organizational roles and responsibilities, funding annual operations and maintenance of public services, and financing owner assisted property improvements. These implementation programs focus mainly upon the means to organize and finance specific development and redevelopment objectives. Among the implementation programs formulated which best represent his experience, skills and insights are the following studies: * Preparation of a financing plan to guide the implementation of major local and regional urban infrastructure elements as well as operation and maintenance costs of municipal services for the City of Lancaster. * Preparation of a plan to finance bicycle, equestrian and hiking trail development in the City of Rancho Cucamonga * Evaluation of infrastructure financing plans for the .Rancho Del Ray specific plan area in Chula Vista, California and in a county unincorporated area adjacent to the City of Loma Linda, California. * Formulation of development fee schedule and program for roadway, parks and recreation, public safety and -other capital costs for the City of Victorville. * Formulation of a preliminary community financing district to cover the costs of roadways, sewers and public facilities for the largely undeveloped northern area of the City of Fontana. These, and -other studies completed by Dr. Agajanian listed in this qualifications package, reflect the critical capabilities of leadership, analysis and insight that A&A can bring to implementation planning programs. City of Diamond Bar 20 Economic Development Strategic Plan COMMERCIAL LAND USE AND MARKET STUDY Client City of Rancho Cucamonga - Planning Division Location Rancho Cucamonga, California Services Commercial Market Analysis Site Evaluation Fiscal Impact Analysis Description AGAJANIAN & Associates (A&A) was requested to study and analyze the amount and location of commercial land within the city as a basis to reconsider any need for land use changes. The analysis sought to determine what minimum level of commercial development would be required to maintain current levels of municipal services, if the city was competitive enough to attract the needed commercial development, and how much land, and at which available sites, would be needed to achieve the commercial development targets for the city. Existing population, economic, development and fiscal conditions were documented to assess thecity in a subregional setting. A market evaluation was conducted to estimate the amount of future subregional growth and the share that the city may reasonable attract using different levels of effort. A commercial parcel inventory was compiled to assess -the available supply of undeveloped commercial land. Seven scenarios were formulated and tested to assess the need for commercial development. The study found that the city has ample land to accommodate not only the minimum amount commercial development necessary to support municipal services but also sufficient amount to allow for flexibility and future reserve. While the amount of available commercial land was sufficient, changes in the marketplace had rendered some commercial sites better for other uses and some non- commercial sites better for commercial uses. The sites which would most benefit from a change in use were identified and used as a basis subsequently rezone key sites. Client Mr. Brad Buller, City Planner Contact City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 989-1861 21 ECONOMIC DEVELOPMENT STRATEGY Client Highland Community Development - Planning Location Highland, California Services Economic Development Planning Market Supportable Development Potential Development Site Potential Description AGAJANIAN & Associates (A&A) was requested to conduct economic development planning and analysis to help guide the attraction of new businesses, retain existing businesses, improve local infrastructure, generate municipal revenues and provide increased job opportunities to residents. Funded by the EDA, the assignment required that an extensive inventory be conducted to assess the economic development resources of the community including market strength, available sites, development potential and funding options. The strategy was formulated following evaluation of local development opportunities and constraints, community support, and available short term options. The strategy focused upon the identification of specific businesses categories to attract as the best means to create economic growth, increased local employment and greater municipal revenues. Targeted uses were coupled with the 17 key development sites which offered the greatest market interest, infrastructure capacity, and short term sale/Icase/development opportunity. The final strategy presented citywide and six subarea economic development objectives and initiatives. These subareas included a historic townsite, a large undeveloped site, commercial corridors and nodes, and an industrial area adjacent to the decommissioned George Air Force Base. Targeted businesses included commercial recreational, community level retail, airport related manufacturing and warehousing, and visitor related commercial uses. Client Bruce Coleman, Community Development Director Contact City of Highland 26985 Base Line Highland, CA 92346 (909) 864-8732 22 GENERAL PLAN ECONOMIC DEVELOPMENT ELEMENT Client City of Lancaster Location Lancaster, California Services Economic Research and Analysis Economic Development Planning Description AGAJANIAN & Associates (A&A) was selected to prepare the Economic Development and Vitality Element (EDVE) for the Updated General Plan. The EDVE was formulated to provide an integrated economic development strategy linking economic growth, fiscal stability, and capital financing. The EDVE container issues, opportunities, goals, objectives, policies and implementation measures to guide local economic development activities. The assignment required that A&A undertake economic analysis to assess the existing conditions and trends of the local economy. An in depth study was prepared examining the characteristics of the local economy including employment, labor force, businesses, spending patterns, building patterns, and related factors. The findings were used as a basis to discuss issues about business retention and expansion, economic base diversification, employment opportunities for the labor force, need for subarea revitalization, municipal fiscal stability, necessary development financing and jobs/housing balance. Economic development opportunities and constraints were then assessed based upon an evaluation of local preferences, growth opportunities, organizational capacity, anticipated resources, and local requirements.Possible economic development options available to the community were presented to assist in the public evaluation of the General Plan alternatives. The EDVE was formulated after public participation meetings and workshops revealed the preferences and desires of the City. The EDVE covered specific implementation activities including the creation and retention of local business, development of a fiscally sound land use mix, labor force enhancement, capital financing, and downtown and airport revitalization.` Client Brian N. Hawley, Director of Community Development Contact City of Lancaster 44933 North Fern Avenue Lancaster, California 93534 (805) 723-6000 23 COMMERCIAL DEVELOPMENT STRATEGY Client Walnut Improvement Agency Location Walnut, California Services Economic Development Planning Commercial Market Analysis Site Evaluation Fiscal Impact Analysis Description AGAJANIAN & Associates (A&A) was requested to study, analyze and formulate an economic development strategy to stimulate commercial development for selected sites in the city. The strategy identified target commercial land uses for priority sites based upon local desires, site potential, market potential, project feasibility and community benefits. The study documented the competitive setting in the subregion by examining locational, demographic, economic and development factors which could promote or retard commercial development in the city. Each of the commercial sites in the city was evaluated with regard to location, size, ownership, land value, current use, arterial frontage and development status. From this analysis of competitive setting and site characteristics an evaluation of development opportunities and constraints were prepared for each site. A market analysis was undertaken to estimate short and long term commercial demand for the sites. Demand estimates were prepared for community and specialty retail uses, commercial recreational uses, hotel and visitor related uses, and regional showroom uses. An analysis of community benefits closely examined employment generating potential and fiscal impacts for each commercial use. A priority list of commercial uses and sites was formulated based upon site potential, market feasibility and community benefit factors. Client Linda Holmes, City Manager Contact City of Walnut 21201 La Puente Road Walnut, CA 91789 (909)595-7543 24 SITE REUSE STRATEGY for LOCAL ECONOMIC DEVELOPMENT Client Community Development Commission of Los Angeles County Location Pomona, California Services Industrial Cluster Analysis, Land Market Analysis, Labor Market Survey and Analysis, Fiscal Impact Analysis, Site Evaluation, Capital Improvements and Financing, Site Reuse Strategy, Economic Development Strategy. Description AGAJANIAN & Associates (A&A) was requested to prepare a reuse strategy for the vacated 160 acre General Dynamics site in Pomona, California with a special emphasis upon leveraging economic development benefits for the community. The assignment required that a balance be struck between community economic benefits and market realities. A&A initiated the study with a cornprehensive analysis of defense plant site conditions, community characteristics, labor force characteristics, land market conditions, and economic development resources. An analysis of industrial 'blusters" was performed to identify specific (4 digit SIC) target industries for the site. A sample survey labor force analysis was also conducted to assess the skills and needs of the adult labor force. A&A analyzed the site, the market, and the economic development opportunities that could be leveraged with the reuse of the site. A strategy was formulated which seeks to reuse the site with high target employment industries, amplify the benefits from the site muse for the community, and capture as much of the benefits to meet specific local needs. A specific set of initiatives was formulated to implement the reuse strategy for economic development. Emphasis was placed upon the coordinated linkage between site development incentives, hiring of local welfare -to -work and unemployed population, and the provision of on-the-job training. Resource materials were compiled in a voluminous appendix report. Client Mr. Robert Swayze, Manager Special Projects Contact Community Development Commission of Los Angeles County 2 Coral Circle Monterey Park, California 91755 (213)890-7426 25 ECONOMIC EVALUATION OF EDGEMOOR PROPERTY Client County of San Diego Location Santee, California Services Market Evaluation Economic Performance of Plan Alternatives Cost\Benefit Analysis Negotiation Assistance Description AGAJANIAN & Associates (A&A) was requested to assist the County in assessing and selecting the optimal development program for the 371 acre County owned Edgemoor property. This development program had to complement the proposed 50 acre Santee Town Center project designed around the light rail Metro station. The assignment required that A&A conduct a market analysis of potential uses for the Edgemoor site which would generate the greatest land use synergy with the light rail station and Town Center. Retail, office, medical, recreational and residential uses were analyzed and projections of market supportable demand estimated. Working with land planners, alternative site plans were formulated and analyzed with regard to their economic performance. Infrastructure costs, holding costs, financing costs, revenues from land sales and leases and fiscal benefits were taken into consideration to estimate the net project benefit. The analysis revealed that a combination of medium density residential uses, a Kaiser Hospital, a new County office, specialty retail uses and public riverfront parks would provide the greatest benefit in relation to gross development costs. A&A also participated in negotiations with the City of Santee to help formulate a development agreement for the preferred Edgemoor master plan. Negotiating points and strategy were discussed with municipal officials at several meetings to establish the harmony between the Town Center, light rail station and the County property. Client Mr. George Ream, Planning and Project Coordinator Contact San Diego County Department of Public Works 5555 Overland San Diego, Califomia 92123 (619)694-2109 26 FINANCIAL PLANNING AND MODELING SERVICES Client City of Dana Point Location Dana Point, California Services Financial Planning Economic Optimization Analysis Computer Modeling Description AGAJANIAN & Associates (A&A) was requested to prepare for the newly incorporated City of Dana Point a Comprehensive Financial Plan, a Development Optimization Study and a Financial Simulation Computer Model. The financial simulation model contained a land use scenario submodel was linked with a financial forecasting submodel to facilitate staff budget planning and evaluation. The land use scenario and resulting financial forecast covered a 10 year time frame. The model was developed in Lotus 1-2-3 for use by City staff. It was menu driven thereby making it useable by staff who were not experienced with Lotus. A&A also developed the model documentation and provided on-site training to City staff on how to use the model. Using the model as a tool, A&A conducted the development optimization study by analyzing; multiple development options; under in anticipated, optimistic and pessimistic economic conditions; with varying levels of funding for planned capital improvements. Based on this analysis, A&A found that the highest permissable level of development was preferrable if the City wished to fund the desired capital improvements over the ten year time frame. Client Loron C. Cox, Director of Financial Management Contact City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 (714) 248-9890 27 TRAIL FINANCING STRATEGY Client City of Rancho Cucamonga Location Rancho Cucamonga, California Services Program Economics Financing Options Implementation Financing Description AGAJANIAN & Associates (A&A) was requested to formulate a financing strategy to implement a long term plan for a citywide system of bicycle, equestrian and hiking trails. More specifically, the assignment compiled, described, evaluated and selected potential sources of funding available to acquire, improve, maintain and manage the proposed trail system. Initially, the funding needs of the trail system were assessed in order to determine the amount and type of funding required. The economic analysis considered all capital and recurring costs associated with trial implementation. A broad range of potential financing sources were then evaluated in order to identify those which are most suitable for this trial implementation program. Finally, a financing strategy was formulated to optimize trail implementation with available financing sources. The financing strategy relied entirely upon new revenue sources. A combination of development impact fees, Landscaping and Lighting District (1984), user fees and Article 3 grants were recommended to initiate trail implementation activities. The assignment required close coordination between planning, financing, engineering and management staff to ensure program implementation and support. Client Dan Coleman, Principal Planner Contact City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (714) 989-1851 28 IV. RELEVANT PROJECT EXPERIENCE URBAN DESIGN STUDIOS Relevant project experience for Urban Design Studios are outlined in the following pages 30-35 (not numbered). City of Diamond Bar 29 Economic Development Strategic Plan Urban Design Program Mesa, Arizona rban Design Studio was selected among local and national firms to undertake the City's most aggressive and critical design study of it's downtown area to date. Under contract with the Redevelopment Commission and the City, Urban Design Studio prepared urban design and development f i standards for the Town Center in the areas of landscaping, streetlighting, paving treatments, street furniture, a comprehensive sign package, and gateway land uses and design. All design recommendations were scrutinized by a seven t member Advisory Committee, which met over eight times with Urban Design Studio to review and input on design proposals for the area. During these initial studies it became evident that Town Center needed to establish itself visually as a unique place to invest. Urban Design Studio developed numerous theme alternatives for consideration. This theme will be implemented over a reasonable period of time through public and private investment. The project involves formulating appropriate standards for each of those areas which were reviewed and recommended by the Redevelopment Commission for adoption by the City Council. In addition to the proposed standards, typical intersection streetscape and median designs were prepared as part of the work program. A six year phasing schedule was established for funding of the $2.3 million improvement program. Client: City of Mesa Redevelopment Commission Reference: Harold Stewart (602) 644.2641 (3/95) MAJOR ENTRY PORTAL 100' INTENECUON ZONE SIDEWALK MEDIAN TOWN CENTER . iB sena URBAN DESIGN PLAN CITY OF MESA he Hawaiian Gardens Redevelopment Agency requested services to prepare architectural renderings for facade rehabilitation, with a unifying "Mediterranean" theme, along a three block section of Norwalk Boulevard. Norwalk Boulevard Facade Rehabilitation Project Hawaiian Gardens, California As is typical with many older strip commercial areas, time, lack of maintenance, tenant "improvements" and changing shopping patterns had combined to create a physical i environment ripe for revitalization. Various sign i_ types, storefront designs, materials and lack of an "architectural direction" had created an incompatible, unattractive appearance. The City's Redevelopment Agency selected Urban Design Studio to prepare visionary concepts in the improvement of the storefront facades. This project makes very specific architectural design improvement recom- mendations to the property owners, tenants, developers and architects interested in undertaking specific improvement actions. The goal of this exercise is to encourage the private sector to use the Redevelopment Agency's resources available to property owners through a Facade Improvement Program. This Study makes further recommendations with the Agency's goal of creating an overall Mediterranean theme. Also included are rough cost estimates for the various types of recom- mendations to assist property ownersftenants to have at least a "ball park" understanding of the cost of the suggested improvements. Client: City of Hawaiian Gardens Redevelopment Agency Reference: Cheryl Shavers (310)420-2641 Add window elen—­ with privacy curtain with individual channel lapaquu ai,u— letters uItan C41 I1Q Remove roof sign Increase parapet wall height with interesting Add canvas awning thematic design Remove all Add thematic window clutter tower/sign ele mdd illumination in ceiling of alcove FA at intersection ■ As is typical with many older strip commercial areas, time, lack of maintenance, tenant "improvements" and changing shopping patterns had combined to create a physical i environment ripe for revitalization. Various sign i_ types, storefront designs, materials and lack of an "architectural direction" had created an incompatible, unattractive appearance. The City's Redevelopment Agency selected Urban Design Studio to prepare visionary concepts in the improvement of the storefront facades. This project makes very specific architectural design improvement recom- mendations to the property owners, tenants, developers and architects interested in undertaking specific improvement actions. The goal of this exercise is to encourage the private sector to use the Redevelopment Agency's resources available to property owners through a Facade Improvement Program. This Study makes further recommendations with the Agency's goal of creating an overall Mediterranean theme. Also included are rough cost estimates for the various types of recom- mendations to assist property ownersftenants to have at least a "ball park" understanding of the cost of the suggested improvements. Client: City of Hawaiian Gardens Redevelopment Agency Reference: Cheryl Shavers (310)420-2641 Add window elen—­ with privacy curtain with individual channel lapaquu ai,u— letters uItan C41 I1Q Citywide Urban Design Program Culver City, California The City selected Urban Design Studio to undertake a comprehensive urban design study of various entries into the City. For several years preceding this program, the City made numerous urban design improvements throughout the City, but they were not part of a comprehensive Vision" or program. Thus, the entries to the City looked different from one another. The City needed an urban design program which could achieve a unique and "customized" appearance without the expense of one -of -a -kind streetscape furniture. The challenge was how to uti- lize and design the entries with catalog -available materials but add enough panache to make Culver City's entries the best in Los Angeles County. Working with a City Staff 1 City Council Subcommit- tee, Urban Design Studio tested and retested vari- ous urban design theme boards. A central theme incorporating Culver City's ties to the movie enter- tainment industry was developed. In addition to street trees and lights, a vocabulary of unique street signs, benches, and poles were developed to create a new "film nostalga" look for Culver City's major thoroughfares. Clients: City of Culver City Community Development Department Reference: Mark Winogrond, Community Development Director (310) 253-5700 Burbank's Media District is home to many entertainment companies' main facilities. As such, Urban Design Studio felt that the design solution needed to display a high degree of creativity without being trendy or "carnival - like." Working with a Staff Task Force, UDS successfully incorporated the public's ideas through an intensive design Charette approach. Following an initial "Streetscape Elements 101" slide presentation, the public became engaged with various issues regarding theme direction, custom designs and graphic art concepts. Urban Design Studio completed the MPPI. The MPPI is intended to serve as a comprehensive frame- work for improvements of streets, alleys, crosswalks, public area landscaping, street furniture and utilities. An implementation pro- gram is included that includes the approximate costs of improve- ments. Client: City of Burbank Community Development Department Reference: Greg Herrmann (818) 238-5250 Media District Master Plan Of Public Improvements Burbank, California rban Design Studio was selected by the City of Buena Park to prepare a series of urban design visions for the City's entertainment corridor. The corridor, Beach Boulevard, isa unique tourist/commercial area with exciting poten- tial. Knotts Berry Farm, Movieland Wax Museum, and Medieval Times are unique southern California entertainment attractions located along a one -mile stretch of the Boulevard. Urban Design Studio provided for urban design consistency and established an image that people will recognize as unique from other streetscape improvement projects through the aggressive use of ban- ners, flags, entry monumentation, special lighting effects, landscape, street furniture, and signage. A full color, illustrated execu- tive summary was produced and presented to major property owners to explain the pro- gram and its associated costs. Urban Design Studio also prepared a slide presen- tation which depicts how the corridor presently looks and how it will look upon in- itiation of the various streetscape improvement phases. Client: City of Buena Park City Manager's Office Reference: Don Jensen, City Engineer (714)521-9900 t Entertainment Corridor Image Enhancement Program Buena Park, California U. u rbon CWKW And Facade Rehabilitation Concepts Bellflower, California rban Design Studio was selected to undertake this study to accomplish two These canvas awnings Use of a consistent Expose second floor Add a decorative are well placed but all signage program would windows. Add shed parapet. major tasks. The first to developa set should be kept down and enhance the treatment of awnings. ' In use along this this entire building. Remove Incompatible of architectural design guidelines for the Town building. Add a valance awning7sign. Center area (Bellflower Boulevard), which is from brow canopy. characterized by 1930's to 1950's commercial I I r downtown structures.I ELKS LOBO- '03 K The second, to prepare before and after -' 114!1 till i!!141t 73irlflft111T1]!{I11{iltl�' — - sketches of each of the building facades. The "after" drawings depict improvement schemes, utilizing a traditional storefront approach. An architectural theme was not imposed-, rather, each building's original architectural style was utilized in the improved facade graphic. Client: City of Bellflower Reference: Bruce G. Leach, Director of Planning (310)804-1424 \ U leo & Computer _ � t Add trim detail and color to articulate this facade. Aluminum veneer removed to reveal original parapet Relief and painted -on detail added to parapet wall. Individually cut channel letter Signs are preferable and may be backlit or Internally Illuminated. EARLE'S'HOBBY & CRAFTS Canvas awnings added to each storefront bay. Consistent bulkhead treatment – of Illed or painted accent color complimentary to building color. 4 � � , I I I , f/ I (3/95) ---------- I Consider barrel awnings Remove all faux— with signage on arched ston9lbrlck veneer. areas above windows. More detail and relief added to this parapet. original upper floor windows restored.- DENM9111tY - Lam: • Mediterranean style archways removed and new lacade reflects the deco style of adjacent building. I .3 ELKS LODGE 2903 L-Oless block window., Canvas valance added ILfrom brow canopy. Individually cut channel letter signs are preferable and may be backlit or Internally Illuminated. V. REFERENCES KOSMONT & ASSOCIATES, INC. Mr. Larry Stern Principal Administrative Analyst City of Los Angeles City Administrative Office 200 North Main Street Room 300, City Hall East Los Angeles, California 90012 (213) 485-3523 Barry Foster Economic Development Manager City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, California 92270 (760) 324-4511 Mr. Xavier Mondoza Urban Revitalization Demonstration Program Director Housing Authority City of Los Angeles 2600 Wilshire Boulevard, Suite Penthouse Los Angeles, California 90057 (213) 252-2708 Mr. Kelvin G. Tainatongo Director of Economics Development Monterey Park Redevelopment Agency 320 West Newmark Avenue Monterey Park, California 91754 (818) 307-1385 Mr. Anthony Ybarra Community Development Director City of Bell Gardens 7100 S. Garfield Avenue Bell Gardens, California 90201 (562) 806-7700 City of Diamond Bar 36 Economic Development Strategic Plan V. REFERENCES AGAJANIAN & ASSOCIATES Ms. Mary Nemick, Project Manager Community Development Commission of Los Angeles County 2 Coral Circle Monterey Park, CA 91755 (213) 890-7426 Mr. Darin Hansen, Project Manager for Ventura County .Lennar Homes - California Land Division 67674 Forest Lawn Drive, Suite 300 Los Angeles, CA 90068 (323) 436-6300 Mr. Rick Gomez, Community Development Director Community Development Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (909) 477-2750 Mr. Jeff Kudlac, Manager Property Management Division General Dynamics Corporation 5001 Kearny Villa Road San Diego, CA 92123 (619) 547-4990 Mr. William Kelly, City Manager City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066 (818) 574-5432 Mr. Brian N. Hawley, Director Lancaster Department of Community Development City of Lancaster 44933 North Fern Avenue Lancaster, CA 93534 (805) 723-6128 I. City of Diamond Bar 37 Economic Development Strategic Plan V. REFERENCES URBAN DESIGN STUDIOS Mr. Don Jensen City of Buena Park City Manager's Office 6650 Beach Boulevard Buena Park, California 90621 (714) 562-3550 Mr. Harold Stewart City of Mesa Redevelopment Commission 20 East Main Street, Suite 200 Mesa, Arizona 85201 (602) 644-2641 Mark Winogrond City of Culver City Community Development Department 9770 Culver Boulevard, Third Floor Culver City, California 90232 (310) 253-5700 Mr. Bruce G. Leach City of Bellflower Planning Division 16600 Civic Center Drive Bellflower, California 90706 (562) 804-1424 Mr. Greg Hermann City of Burbank Community Development Department 275 East Olive Avenue Burbank, California 91502 (818) 238-5250 City of Diamond Bar 38 Economic Development Strategic Plan VI. BUDGET/SCHEDULE The proposed budget and schedule for this proposal is outlined in following pages. City of Diamond Bar 39 Economic Development Strategic Plan. City of Diamond Bar 40 Economic Development Strategic Plan CO a 0 0 0 0 o coo 0o O 0 So 0 00 00 00 00 0 00 o 0 0 0M000 0 0 00o O $� 00 o0 0 00 0 0 0o Oo o a 0 46 r 64N �te- r- N 04 N NN to A EA Efl di to dt to to d3 tf� fA tfi V! fA fA O O CD 0 O.. O 0 Val 60# 66 c O0 0 0 O O N O r M C'i O C Cj C) CO U) t� t W N M � to CD A 40 C O O O O O O O 00 c� O O! O O O O O O O njN —0 (O G:3 NEli to O EA V7 C6 613 Iq C C O a O O O 61i 0 60 0 0 O O C) N CT CO t O � � O M N m1 C.. C T `+ NQ j Q O C r+ x w wa N .0 N oa m '- vi o °: CL�ma ' _ C v, oV 2 U>> zap 0) 3 �Nm N (f) 10 y 0 ++ O 'C Oto C` Y O .7 U C` t V 'Fu!n t !S O N yr C c a E Q N O C � C 0 m TEA C O � O a 0 LU LU .2 a Q u+ m 0x°' awU)2LL tr< 40 co 40 Qmb0 Q City of Diamond Bar 40 Economic Development Strategic Plan r t V t C O M N r d N. O CL O i a Y Q N m N 0 M m M CO H City of Diamond Bar 41 Economic Development Strategic Plan C O m� a o a°i f6 U � d � on Y Q N m N 0 M m M CO H City of Diamond Bar 41 Economic Development Strategic Plan APPENDIX Team Qualifications and Resumes KOSMONT & ASSOCIATES, INC. UMONT & ASSOCIATES, INC, Real Estate - Entitlements - Economics • Redevelopment KOSMONT & ASSOCIATES, INC. PRIMARY PRODUCTS AND SERVICES Kosmont & Associates, Inc. (KA) provides a broad range of services related to real estate transactions, economic development, finance, and project management. KA principals have over 70 years of experience, guiding public and private clients through the real estate development and planning processes. Advanced technical skills and negotiating experience offered by KA's professionals will guide your agency or business from the earliest stages of project concept, planning, site design, and feasibility analysis through deal structuring and negotiation of entitlement and development agreements. KA also provides implementation services related to the planning, design, and construction of office, retail, industrial, multi- family residential, and special facilities projects. KA project management services include budgeting, scheduling, cash flow projections, cost reporting, value engineering, and monitoring of design and construction. KA is a privately -owned company and a certified Minority Business Enterprise (MBE). Project Planning, Real Estate Entitlement/Approvals Predevelopment Services KA manages the process of securing development rights and project approvals. KA has a great deal of experience in managing and coordinating research and finalization of specific plans, working with both private entities and the public sector. KA identifies development opportunities, conducts market assessments, evaluates tenancy vs. ownership alternatives, determines highest and best use/reuse values, and conducts predevelopment "due diligence" evaluations to assess entitlement, zoning, density, and environmental requirements. Calculation of development fees and analysis of available sources of funding are also provided, along with opportunities and constraints related to acquisition or development of specific sites. Economic Development and Incentive Programs KA staff have assisted private businesses in the structuring of public agency economic incentives related to relocation, acquisition, and improvements. The various incentives have included grants, cash flow or low interest rate loans, acquisition/lease subsidies, funded improvements, and infrastructure investments as part of an overall business retention strategy. KA also works with public agencies in developing economic incentives and economic development programs to increase revenues, create jobs, and encourage business location and relocation in the community. Real Estate/Redevelopment Economics Financing and Asset Maximization Strategies KA has extensive knowledge of both public sector financing techniques and private sector development and lending requirements. KA serves as public agency or developer's advisor for infrastructure financing such as Mello -Roos, Marks -Roos, and other development -oriented public financing. KA personnel have structured over $3 billion in real estate transactions involving public bonds and notes, and tax increment and sales tax reimbursement agreements, in addition to conventional financing. Services include the evaluation of fiscal impacts to aid in the selection of the optimum value-added strategy. Property -based Business Improvement District (PBID) Formation KA provides a range of services to assist property owners in the formation of Property -Based Business Improvement Districts (PBIDs). The range of services offered include coordination of property owner efforts, negotiations with public officials, stakeholder workshops with property owners and tenants, determination of the PBID boundaries, and calculation of the assessment formula for each property owner. KA will help property owners establish a non-profit organization to administer the PBID and formulate a Management District Plan. KA also provides ongoing technical assistance or real estate and economic revitalization programs once the PBID has been formed to maximize the benefits of this newly created economic development tool. Kosmont & Associates, Inc. Primary Products & Services Page Two of Two Proiect/Construction Management, Headquarters/Facility Relocation On behalf of our public and private sector clients, KA negotiates planning approvals, variances, zone adjustments, development agreements, owner participation or disposition and development agreements (OPA/DDA), and participatory ground leases. Our services include preparation of responses to Requests for Proposals/Qualifications (RFP/RFQ) for private clients and selecting qualified developers on behalf of public clients. After a developer has been selected and development rights and project approvals have been secured, KA continues to assist the development process with pre -construction phase project management. Pre -construction services include developing preliminary schedules and budgets, assisting in the selection of a project design team and negotiating their contract, monitoring the design process, providing value engineering and "constructability" analysis, and coordinating the permitting process. Construction phase services include selection of the general contractor through bidding or negotiation, monitoring construction progress, and maintaining project cost accounting and cash flow projections through to close-out. KA also has experience with the relocation of major government departments and facilities and private firm headquarters. Relocation planning, economic incentives, and lease negotiation are provided to implement the transition and achieve a beneficial move. Public Participation, Community Outreach, Environmental Compliance Once KA prepares an entitlement strategy, follow-up services typically include coordinating environmental mitigation efforts, transportation planning, environmental compliance, and community outreach. KA has expertise in serving as project manager on large-scale, complex assignments which require community outreach campaigns and community-based planning workshops. KA has developed a number of engaging and interactive community involvement tools that have been successfully used in several diverse communities to resolve project and planning issues. UMONT & Associas, INC, Real Estate - Entitlements - Economics - Redevelopment LARRY J. KOSMONT, CRE STATEMENT OF QUALIFICATIONS PROFESSIONAL BACKGROUND: Larry Kosmont has an extensive track record as a public real estate manager and private real estate consultant. His expertise is in creating public/private transactions and managing those transactions through the planning, negotiation, financing and implementation phases. Mr. Kosmont has negotiated and managed public and private real estate transactions with a total value exceeding $6 billion. He has led numerous community participation programs on behalf of private and public agency clients. Mr. Kosmont is well known and respected in public sector management circles, having served as President of the Southeast Los Angeles City Managers Association and Vice President of the Assistant City Managers Association of Southern California. His public sector experience includes positions as City Manager, Assistant City Manager, and Director of Redevelopment, Planning and Housing for several Southern California cities. In 1996, Mr. Kosmont was listed as one of the Top Ten Service Professionals and named Service Professional of the Year in the Los Angeles Business Journal's "Who's Who of Commercial Real Estate." In 1994, 1995, and 1996, Mr. Kosmont was listed in the Los Angeles Business Joumal as one of the top 100 most influential commercial real estate professionals in Los Angeles County. He serves as a board member of the Metropolitan Water District, BOMA, and the Los Angeles Headquarters Association. PROJECT EXPERIENCE: • Los Angeles Police Department/Headquarters Facility Project. Developed an assessment of LAPD's current and future space requirements, the condition and suitability of the LAPD's existing facilities, alternative facilities solutions, and the estimated cost of these alternatives. • Los Angeles County Office of Education/Headquarters Facility Project. Asset evaluation for office space, special facilities and future growth; developed alternatives for location and other prerequisites; and analyzed facilities budget. • The Walt Disney Company/Entitlements and Economic Incentives. Provided assistance to Disney in a variety of fiscal impact assignments and entitlement advisory services. • The Prudential Service Company/Headquarters Facility Project—Economic Incentives. Formulated an Economic Incentives Package for Prudential as part of relocation of 1,300 employees and 300,000 square feet to downtown Los Angeles. • Global Computer Supply. Secured economic incentives package and redevelopment agreement from the City of Compton. Relocation transaction was completed in five months, including all occupancy permits and a significant lease subsidy. • Familian Corp.lHeadquarters Relocation. Secured economic incentives package for relocation of Familian to the City of Pomona. Conducted due diligence on zoning and development approvals; worked with City staff to develop entitlement strategy; prepared and submitted required entitlement and environmental applications, including CUP. • Circuit City/CARMAX. Project planning, entitlements, and economic incentives packages for numerous locations throughout Southern California. • Costco Wholesale Facilides/Site Negotiations. Represented Price Costco (formerly Costco) on transactions and various site negotiations, including Development and Sales Tax Reimbursement Agreements. • NBC/Cushman Realty Corporation/Negodations. Negotiated a redevelopment agreement, development agreement and density approvals for a 685,000 -square -foot twin tower office project, with a retail pavilion and an extensive public plaza. Larry J. Kosmont, CRE Statement of Qualifications Page Two of Two Stanford University Management Company/Program Management. Designed and managed a community outreach program involving the communities of Palo Alto and Menlo Park in conjunction with Stanford's requested approval for land use improvements and the expansion and extension of a major transportation corridor. The proposed projects encompass more than 100 acres including a 140,000 square foot expansion of Stanford's shopping center, 750 rental units, 388 senior units and the extension of Sand Hill Road. Hughes Aircraft, Rockwell International, Northrop Corporation and Kilroy Industries, a.k.a. "AERO"INegodadons. Advised consortium in the negotiations concerning the City of EI Segundo's General Plan update, Interim Zoning Ordinance and land use regulations affecting AERO's properties (in excess of 400 acres). Malibu Village Civic Association/Land Use. Advises association comprised of the largest Malibu property owners, including Pepperdine University, on issues regarding land use objectives as related to the proposed General Plan and Specific Plan. City of BurbanWRedevelopment Projects. As the Director of Redevelopment, Mr. Kosmont was responsible for over 35 major projects that have revitalized Burbank's downtown business district, television/film studio district, and the 1,100 -acre airport industrial office area. Under Kosmont's direction, the Burbank RDA participated in development of over 3 million square feet of office and industrial space, and over 500 residential units. PUBLIC SECTOR EXPERIENCE: • Director of Community Development - City of Burbank, California • Director of Burbank Redevelopment Agency • City Manager - City of Bell Gardens, California • Executive Director - Bell Gardens Redevelopment Agency • Assistant City Manager - City of Seal Beach, California • Assistant Executive Director - Seal Beach Redevelopment Agency • Administrative Assistant to the City Manager - Santa Monica, California EDUCATION/PROFESSIONAL DESIGNATIONS: • University of Southern California Master of Public Administration. Graduate Fellow. • State University of New York at Binghamton Bachelor of Arts, Political Science/Economics. Phi Beta Kappa, Magna Cum Laude • Counselors of Real Estate (CRE) International Designation • Licensed Real Estate Broker - State of California • Graduate, Leadership Los Angeles Program PROFESSIONAL AFFILIATIONS: • Commissioner - Metropolitan Water District of Southern California (Los Angeles Representative) • Full Member - Urban Land Institute; Urban Development/Mixed-Use Council • Full Member - International City Management Association • Chairman - California Redevelopment Association Political Action Committee (PAC) • Board Member - Boy Scouts of America, Los Angeles Area Council • Board Member - Los Angeles Headquarters Association • Board Member - Building Owners & Managers Association (BOMA) of Greater L.A. • Board Member - San Fernando Valley Economic Research Center Advisory Council • Board Member - Los Angeles County Economic Development Corporation • Program Advisory Board Member— Cal State Northridge Land Use/Environmental Program • Board Member At Large — Leadership L.A. Alumni Association • Recipient - League of California Cities, John Nail Memorial Award for Outstanding Assistant City Manager, State of California (1978) • Arbitrator for the State Bar of California UMONT & ASSOCIATES. INC. Real Estate - Entitlements • Economics - Redevelopment HENRY MADRID STATEMENT OF QUALIFICATIONS PROFESSIONAL BACKGROUND Henry Madrid is a real estate professional with over 20 years of extensive and varied public and private sector experience. Mr. Madrid owned and operated a real estate consultancy practice, managed a real estate development and construction business, and held a variety of public -sector management positions with City government, redevelopment agencies, and asset management agencies. He served as Director of Real Estate for the nation's largest redevelopment agency. Mr. Madrid is experienced in all phases of the private and public -sector real estate development process and all types of projects including mixed-use, commercial, residential, hotel, parking structure and industrial developments. Mr. Madrid's public sector experience comprises urban economic analysis, reuse analysis, affordable housing development, redevelopment, revitalization studies, and transportation economics. Mr. Madrid also has unique real estate experience with coastal properties and major development and public asset management projects, including a convention and theater center, marinas, hotels, retail centers, parking structures, and office developments. His technical capabilities include site evaluation, market and financial feasibility analysis, asset valuation, real estate investment analysis, and financing strategy formulation. He is proficient in developer solicitation and negotiations, acquisition processes, obtaining public approvals, including environmental and Coastal Commission entitlement approval processes, and project management. Mr. Madrid's financing experience includes tax exempt instruments, layering of private and public funds, joint powers authority, and leasing instruments. PROJECT EXPERIENCE Major Site Reuse Analysis • General Dynamics Military Facility Reuse Analysis. Participated in a comprehensive analysis and facility reuse strategy. Representative data collection and analysis included population characteristics and trends, economic base characteristics, real estate market characteristics, and City labor force characteristics and analysis. Study also included formulation of altemative reuse options and attendant fiscal and economic impacts. • Taylor Railroad Yards Land Development Reuse Study. Participated in the market and development planning analysis for the Los Angeles County Metropolitan Transportation Authority (LACMTA). Responsibilities included site evaluation, conceptual site planning alternatives, commercial, residential and industrial market research and analysis, economic base analysis, and reuse alternatives formulations. The study process included extensive workshops and strategy formulation by the local community. • Comfield Railroad Yards Land Development Reuse Study. The study involved determination and assessment of site development opportunities and constraints for the reuse of the property located near Downtown Los Angeles under contract with the LACMTA. The work included physical site planning, property valuation, alternative reuse analysis, and joint development potentials analysis. The study also entailed formulation of alternative interagency development strategies. • Economic Development and Reuse Strategy Plan. Participated in the development planning of the $1 billion reconstruction of the Los Angeles County/USC Medical center complex. Hospital replacement and downsizing would create extensive surplus land and opportunities for public/private development and area revitalization. Responsibilities included real estate market analysis, alternative reuse analysis, joint development potentials analysis, financing assessment, and development planning recommendations. Henry Madrid Statement of Qualifications Page 2 of 2 Economic Development • Economic Development Strategy. Assisted in the preparation of an economic development plan for the City of San Fernando whose objective was to stimulate the local economy, strengthen the City's revenue base, and create job opportunities for local residents. The work entailed an economic base assessment, evaluation of economic strengths and weaknesses, demographic and socioeconomic analysis, fiscal impact analysis, identification of opportunities, and formulation of business assistance and economic development implementation strategies. • Economic Development Strategy Plan. Participated in the development planning strategies for the Pico Aliso residential community of Los Angeles under contract with the City Housing Authority. The $50 million HUD revitalization program included goals to stimulate economic development and create job opportunities. Responsibilities included residential and commercial market analysis, demographic and employment analysis, programfinancing alternatives, site development strategies, and economic revitalization strategy formulation. Redevelopment • Roeding Industrial Park Redevelopment Feasibility Study. Participated in a comprehensive parcel -by -parcel economic and physical blight analysis for the City of Fresno. The 1,500 -acre area land uses included light industrial, strip commercial, residential/open space, and a municipal airport. The goal was to create an economic strategy that would help stimulate the local economy, strengthen the city's revenue base, and create job opportunities for residents. The real estate development goal was to redevelop the area with modern, high-quality industrial and commercial park uses. • Eastside Redevelopment Feasibility Study. Participated in a redevelopment feasibility study effort for commercial and industrial sectors of the EI Sereno and Boyle Heights Community 'of East Los Angeles. The study included physical and economic conditions analysis, redevelopment blight analysis, real estate market analysis, real estate development project formulation, financial feasibility analysis, and tax increment financing analysis. • Fair Oaks Redevelopment Project, City of Pasadena. Participated in a redevelopment plan adoption study for a 105 -acre area. The work included redevelopment feasibility analysis, economic and physical blight analysis, real estate market and development assessment, and preparation of related redevelopment reports and documentation. Principal responsibilities included market analysis and preparation of economic and physical blight reports. • Oxnard Redevelopment Feasibility. Participated in an extensive parcel -by -parcel physical and economic blight study of the entire Oxnard downtown area to assess the potentials for adoption of a redevelopment project. The work entailed field survey, database model development, data compilation, photo documentation, development of tables, charts, and blight report preparation. EDUCATION • University of California, Los Angeles Master of Public Administration, Urban and Community Development • University of California, Los Angeles Bachelor of Arts, Public Administration PROFESSIONAL AFFILIATIONS • Urban Land Institute • Community Redevelopment Agency Association • Southern California Association of Nonprofit Housing UMONT & ASSOCIATES, INC. Real Estate • Entitlements - Economics • Redevelopment I THOMAS R. JIROVSKY STATEMENT OF QUALIFICATIONS PROFESSIONAL BACKGROUND: Thomas Jirovsky specializes in the areas of financial feasibility analysis, computer-based financial and economic impact models, asset management, public/private joint ventures, and litigation support. He has assisted a wide range of development agencies in evaluating development proposals and assisting in the negotiation of development agreements and long-term leases on office, retail, hotel and residential projects. Mr. Jirovsky has also managed a variety of fiscal and economic impact studies of new development ranging from small community projects to 10,000 -acre residential communities and billion -dollar international resort projects. PROJECT EXPERIENCE: Development Feasibility/Residual Land Valuations • REIM PropertiesButtergeld Stage. Analyzed redevelopment alternatives for a 1970s -era neighborhood shopping center. • WAS Tustin/Business Plan. Performed economic analysis of reuse plan and financing structures for the 1,000 -acre former military base. • Hunter's Point Naval Shipyard/Business Plan. Developed financial model for reuse of 500 - acre shipyard incorporating infrastructure costs and residual land values to determine optimal strategy for development. • City of West Sacramento/Raley's Landing. Evaluated the financial feasibility of a one million - square -foot office and 500 -unit residential complex proposed across the river from downtown Sacramento. • City of Palmdale/Antelope Valley Mall. Evaluated the financial feasibility of an 800,000 - square -foot regional mall and participated in negotiations with the developer for redevelopment agency assistance. • City of Cerritos/Towne Center. Evaluated retail, office and hotel development proposals in conjunction with long-term ground leases for the City of Cerritos. Economic Development • Global Computer/Relocation Study. Analyzed economic benefits of new distribution facility. Participated in negotiation of redevelopment agency assistance package. • MTA/Northeast Linkage Study. Developed economic development strategy for community of Highland Park relative to proposed Metrorail Blue Line stations. • City of Palmdale/Retail Tax Sharing. Analyzed retail tax sharing proposals for Palmdale and Lancaster to eliminate unnecessary redevelopment subsidies. • CDC/South Bay Defense Adjustment Plan. Developed strategic plan for reuse of surplus real estate assets as a result of defense downsizing. Public/Private Joint Ventures • Koll/City of Industry RFP. Assisted in preparation of development proposal for 70 -acre industrial park owned by the City of Industry. • City of Tustin/Gateway Plaza. Evaluated various retail/commercial development proposals for a key redevelopment site in downtown Tustin. • Economic Development Corporation/Pacific Gateway. Evaluated commercial development proposals for a long-term ground lease on 30 -acre site near Los Angeles International Airport. • City of Bell Gardens/Rivergate Square. Performed financial analysis of developer proposals for a neighborhood shopping center and participated in negotiation of a long-term ground lease. • City of Palmdale/Auto Center. Analyzed and negotiated the joint venture between the Palmdale Redevelopment Agency and Antelope Valley Auto Center for the development of a 50 - acre auto mall. Thomas R. Jirovsky Statement of Qualifications Page Two of Two Market Studies • City of Palmdale/Retail Entertainment Complex. Managed market analysis of two competing development proposals for a ±20 -acre entertainment complex. • City of Ontario/Sphere of Influence General Plan. Prepared analysis of regional market conditions to assist In new planning effort for 8,000 -acre unincorporated area. • Mission Land/Industrial Market Study. Conducted a major market study of industrial properties in Orange County and Inland Empire. Financial Analysis • U.S: Grant Jr. Trust/San Diego Property. Managed developer selection process for reuse of historic San Diego property near Horton Plaza. • City of Santa Monica/Apartment Feasibility. Analyzed the impact of various City housing policies on the financial feasibility of redeveloping the rental housing stock following the Northridge earthquake. • Trust for Public Land/Santa Fe Appraisal. Performed a reuse appraisal for a key 50 -acre mixed-use downtown site in Santa Fe, New Mexico. Fiscal and Economic Impact • AGRA LLC/Central Coast Town Center. Prepared economic impact analysis of proposed 350,000 -square -foot Wal -Mart -anchored community center in Arroyo Grande. • Lewis Homes/Terra Vista. Managed fiscal impact analysis of a 4,000 -unit residential community and 750,000 -square -foot power center. • Amgen Corporation. Managed the fiscal and economic impact analysis of a two million -square - foot expansion of its corporate headquarters facility in Thousand Oaks. • Disney Development Company. Managed fiscal and economic impact analyses for proposed theme parks in Long Beach and Anaheim, California, and Prince William County, Virginia. • City of Palmdale/Ritter Ranch. Analyzed the fiscal revenues and costs of a 7,200 -unit master - planned community to be annexed to the City of Palmdale. • Catellus Development Company/Alameda District Plan. Managed the study of potential fiscal revenues from the development of a 10 million -square -foot officeiresidential complex at Union Station in downtown Los Angeles. • City of Lompoc: Analyzed the fiscal impact of a proposed 121 -unit residential project and evaluated the impact of a development on leased land. EDUCATION: • University of Southern California Master of Business Administration, Finance • University of Southern California Bachelor of Science, Architecture PROFESSIONAL AFFILIATIONS: • Council of Urban and Economic Development (CUED) • International Council of Shopping Centers (ICSC) • Professor, "Economics and Finance for Planners" course, Cal State Northridge AGAJANIAN & ASSOCIATES AGAJANIAN & ASSOCIATES Development Economic & Planning Consultants STATEMENT OF QUALIFICATIONS 501 Harbor Woods Place Newport Beach, California 92660 (949) 640-0664 FAX (949) 760-5001 ABOUT THE FIRM AGAJANIAN & Associates (A&A) provides professional economic research, planning and advisory consulting services to clients responsible for the development, redevelopment and management of urban areas and sites. AGAJANIAN & Associates assists public and private sector clients by providing economic information, analysis, options, evaluation,and plans to address specific development problems, objectives and opportunities. AGAJANIAN & Associates offers clients a broad range of economic research studies necessary to better understand the potentials, limitations, and implications of area and site development. These studies can be prepared for commercial, industrial, residential or mixed land use development. AGAJANIAN & Associates specializes in the application of economic research to evaluate, formulate and plan for the development and redevelopment of areas and sites. These economic planning services are most frequently provided to community development departments, redevelopment agencies, and larger developers seeking development entitlements and/or approvals. AGAJANIAN & Associates was founded in February 1987 by Shant Agajanian, Ph.D., to assist in the equitable, efficient and effective management of urban development. It is the principal purpose of A&A to provide objective, appropriate and timely professional assistance to clients who can benefit from land development economic, planning and advisory services. AGAJANIAN & Associates is committed to serving our clients in a special, .personalized manner that only a smaller sized firm can best provide. A&A clients receive the direct involvement of the principal throughout 'all assignments. This involvement ensures that the clients needs are clearly understood, the research is targeted, and the results are accurate and useful. AGAJANIAN & Associates' clients can therefore expect to receive high quality economic research, effective economic planning and insightful advice from A&A. Past, present and continuing clients believe that their development planning decisions have been improved with early and full consideration of the economic aspects of area and site development and redevelopment. EXPERIENCE AND CAPABILITIES AGAJANIAN & Associates (A&A) has proven experience in successfully completing economic research, planning and advisory service assignments for community development departments, redevelopment agencies, developers and other clients. These completed studies, plans and opinions have demonstrated that A&A is capable of delivering objective, appropriate and timely professional assistance to clients throughout California. The firm is organized to provide highly attentive, capable and cost effective consulting services by undertaking only those assignments which can clearly benefit from the direct and active participation of the principal. As the principal of A&A, Dr. Agajanian is able to offer clients the knowledge and experience gained from over 24 years of planning, research and economic consulting. The principal is assisted by experienced professionals and specialists whose capabilities are available to provide research, analytic and computer software support on an as needed basis. The experience and capabilities of the principal and the supporting staff of associates are detailed on their resumes. In addition to the personnel, A&A has a broad range of capabilities which enable the firm to produce quality reports, presentations and software. A&A operates an integrated word processing, graphics and spreadsheet computer system to produce cost-effective reports and related documents. A&A is also capable of designing specialized analytic software packages for clients with staff training and supporting documentation. A&A also maintains an extensive library of economic statistics and literature from a broad array of government and private sources. This in-house research capability ensures that the most current and relevant information, ideas and methods regarding the clients' research needs can be quickly accessed and applied. In combination, the A&A personnel, computer system and library provide a sound basis to effectively respond to clients' needs on both a one-time and continuous basis. This demonstrated ability of the firm to deliver high quality services on time and on budget is evidence that the firm has both the experience and capabilities to address development issues for public and private sector clients. LIST OF SERVICES OFFERED Economic Studies Areawide Fiscal Impacts/Mitigation Project Fiscal Impacts/Mitigation Areawide Absorption Projections Market Analyses/Evaluation Project Feasibility/Pro Forma Infrastructure Financing Development Impact Fees Recreation and Open Space Financing Annexation/Incorporation Development Opportunities and Constraints Economic/Business Conditions Development Policy Analyses Economic Research Asset Management Economic Planning Areawide Economic Development Corridor Revitalization Downtown Revitalization Targeted Site/Area Development Infrastructure Financing Municipal Budgeting/Financing Redevelopment Plans Economic Advisory Services Evaluation of Redevelopment Project Feasibility Evaluation of Developer Qualifications Evaluation of Development Agreements Evaluation of Infrastructure Financing Proposals Evaluation of Development Projections/Forecasts PARTIAL LIST OF PAST AND CURRENT CLIENTS AGAJANIAN & Associates has successfully completed many economic research, planning and advisory assignments for governmental units, redevelopment agencies and developers throughout California, including: Governmental Units ■ Chino ■ Dana Point ■ Lancaster ■ Manteca ■ Palm Desert ■ Rancho Cucamonga ■ San Diego ■ Vernon ■ State of California ■ Arcadia ■ Laguna Hills ■ Moorpark Redevelopment Agencies ■ Buena Park • Loma Linda ■ CRA of Los Angeles ■ Walnut ■ Santa Paula ■ Highland Developers ■ AMCOR Properties ■ Building Industry Association ■ Ca1Mat Inc. ■ McDonnel/Douglas RE Division ■ Lewis Homes of California ■ D&D Development ■ Chula Vista ■ Grand Terrace ■ La Quinta ■ Norco ■ Port Hueneme ■ Rancho Mirage ■ Culver City ■ Victorville ■ San Diego County ■ Burbank ■ Paso Robles ■ Los Angeles County ■ Lancaster ■ Long Beach ■ Monterey Park ■ Westminster ■ San Bernardino ■ Murrietta ■ Angeles Housing Concepts ■ Popinjay Development ■ Lennar Homes of California ■ Kaufman and Broad ■ Presley of Southern California ■ California Mart Personnel AGAJANIAN & Associates Development Economic & Planning Consultants RESUME SHANT AGAJANIAN, Ph.D., AICD, PRINCIPAL Education Ph.D. in Urban and Regional Planning, University of Wisconsin -Madison Masters of Urban Planning, California Polytechnic University at Pomona Bachelor of Arts in English, California State University at Los Angeles Associate of Arts in Architecture, East Los Angeles College Professional Experience February1987 to present Principal, AGAJANIAN & Associates Development Economic and Planning Consultants Newport Beach, California August 1984 to February 1987 Associate -in -Charge of the So. Calif. Region Williams-Kuebelbeck & Associates, Inc. Real Estate Market and Financial Consultants Irvine, California Fall 1986 and Fall 1985 On Faculty of Graduate School of Management University of California, Irvine June 1983 to July 1984 Assistant Professor, Business Administration University of Wisconsin, Milwaukee RESUME SHANT AGAJANIAN, Ph.D., AICD (continued) September 1979 to May 1983 Doctoral Student University of Wisconsin, Madison November 1975 to September 1979 Transportation Planner Dane County Regional Planning Commission Madison, Wisconsin July 1974 to October 1975 Planning Projects Coordinator TerraScan, Inc. Eureka, California August 1972 to June 1974 Regional Planner Southern California Association of Governments Los Angeles, California Professional Participation Dr. Agajanian participates in both the professional and academic sectors. Academically, he continues to publish his research, lecture, review scholarly papers for refereed journals, and review books for academic journals. Professionally, Dr. Agajanian participates in activities for the Urban Land Institute, American Planning Association and related professional organizations. In addition, he has served as an expert witness for real estate economic topics, served on blue ribbon commissions reviewing economic and land planning projects, and participated on panels dealing with urban land economics. Professional Affiliations Urban Land Institute American Institute of Certified Planners (A.I.C.P.) American Planning Association Community Redevelopment Agencies Association California Association for Local Economic Development RESUME SHANT AGAJANIAN, Ph.D., AICP (continued) Publications "The Urban Entropy Model", Oranee County Planner , March/April 1997. "Planning Applications of Economic Analyses", California Planner. June 1991. "Economic Development in Peripheral Economies", Bulletin of California Association for Economic Develooment Volume 10, Number 12, June 1990. "Retail Center Revitalization Analysis", California Planner_ September 1987. "Transfer of Development Rights (TDR): Update on Concept, Application and Valuation", California Planner. July 1987. "Economic Base Analysis: Primer on Concept and Technique", California Planner. April 1987. "Financial Analysis: Development Planning Tool", California Planner, January 1987. "Highest and Best Use Analysis", California Planner, November 1986. "Fiscal Impact Analysis", California Planner, October 1986. "Market Analysis: Use in the Specific Plan Process", California Planner, September 1986. "Anatomy of an Innovative Redevelopment Project", Communes Redevelopment Agencies Association Newsletter, June 1986. Book Review, Journal of the American Planning Association, Summer,1985. "Urban Logic", Isthmus, November 1984. "An Evaluation of Urban Recovery Strategies", Occasional Paper No. 6, University of Wisconsin -Madison, 1983. URBAN DESIGN STUDIOS Urban Design Studio was established for the purpose of providing quality planning services exclusively to governmental agencies. We believe that this approach enables us to maintain a P4&4-Vf consistent focus on our responsibilities to our public sector clients and to remain ever cognizant of the realities of the public participation process. This process mandates realistic, implementable solutions to complex issues. Another guiding philosophy of the firm is our dedication to a "hands on" approach. Urban Design Studio is striving to avoid the problems encountered with larger consulting firms by always having our principals actively involved in all phases of each assignment. From its inception, Urban Design Studio has felt that the working relationship between people is better in smaller, more productive groups where the "hands on" approach to planning and design is practiced. For this reason, principals of the firm are actively involved with all phases of each assignment. In addition, our "team approach" ensures a more direct and personal communication within the City/Client team. Due in large part to the philosophy of the firm's founder, Mark Brodeur, the firm continues to focus on the "revitalization" aspects of urban design and planning for local governments, preferring to leave the "greenland" planning to others. The firm's founder is an outspoken critic on the issue of suburban sprawl development citing a preference to reduce consumption of nonurban areas by designing urban areas more efficiently. The firm has developed an urban revitalization "niche" few other firms have. This is the only firm on the west coast that specializes in urban/Itown revitalization and works exclusively for local governments. Our staff is active in many public and private organizations including the American Planning Association, American Institute of Certified Planners, Congress For the New Urbanism, American Society of Landscape Architects, and the California Preservation Foundation. 5Mw�U4 u444. pul.� Specific Plans Zoning and Development Codes Revitalization Studies and Master Plans Sign Ordinances Development Review Services Design Review Board Ordinances "Vision" Posters Streetscape Plans Public Space Design Plaza Design Urban Park Design Construction Drawings U4" ate. Design Guidelines Urban Design Programs Design Review Services City Entry Sign Programs Charette Services Community Design Elements Historic District Design Guidelines Historic Park Rehabilitation Historic Preservation Ordinances Facade Rehabilitation Computer Visualization A,�//� 0 1990- Inland Empire Section, APA, for Outstanding Specific Planning Project; Main Street Design Guidelines Manual. I� 0 1990 - Orange County Section, APA, Consultant Project of High Merit; Barton Road Specific Plan. 0 1991 -California Chapter, APA, Outstanding Specific Planning Ordinance; San Bernardino Development Code. 0 1991 - Central Coast Section, APA, Outstanding Planning Program; Templeton Community Design Plan. 0 1991 - Orange County Section, APA, Outstanding Specific Planning Ordinance; Anaheim CR-Area Design Standards. 0 1992 - National APA, Planning Implementation Award; San Bernardino Development Code. 0 1993 - Ahwahnee Award; Downtown Encinitas Specific Plan. 0 1993 - Inland Empire Design Institute; Award of Distinction; Temecula Old Town Specific Plan. 0 1995 - Orange County Section, AIA, Excellence in Design Award; Tustin Residential Design Guidelines. 0 1995 - Inland Empire Section, APA Outstanding Specific Planning Project; Temecula Old Town Specific Plan. 0 1995 - ASLA National Merit Award; Town of Gulf Stream Design Manual. 0 1997 - Orange County Section, APA, Project Outside of County; Imagine! Yuma 20/20 Downtown Vision. 0 1997 - National APA Small Town and Rural Division, Outstanding Small Town Project, "Historic Murrieta Specific Plan." 0 1998 -Inland Empire Section, APA, Planning Implementation; Murrieta Development Code. 0 1998 - Los Angeles Section, APA, Innovative Use of Technology, Livable Communities CD Rom. 0 1998 - Orange County Section, APA, Education Project Award, EI Toro Road Revisioning Public Outreach. IpA ea,-:t4 Alameda Los Gatos Apache Junction (2) Anaheim (2) Verne Benson Casa Grande Arcadia Arcata Malibu (2) Chandler Arvin Mission Viejo Cottonwood Azusa Montclair (2) Douglas Bakersfield Murrietta (3) National City Flagstaff Bellflower Newport Beach Gilbert Globe 2 Buebankna ark Norwalk Lake Havasu (3) Calabasas Ontario Oxnard Mesa (2) Chico Pacific Beach Pa e Parker Corona (2) Culver City (3) Paramount Sedona (2) Cypress Pasadena (2) Show Low Dana Point (2) Paso Robles Pismo Beach (2) Tombstone Davis Placer Williams2 Williams() Diamond Bar (2) Pomona Yuma (3) Downey Poway eA&0l:tMw7tiltiv� Encinitas (2) Reno Escondido (2) San Bernardino (4) Placer Eureka San Gabriel Valley COG San Luis Obispo Fillmore San Juan Capistrano Santa Clara Fountain Valley Fresno Santa Monica /�/_ OUIC4 fte4 SCAG Fullerton Galt Simi Valley Reno, Nevada Glendora Solana Beach Sparks, Nevada Gulfstream Sparks Stockton Gulf Stream, Florida Grand Terrace Temecula (3) Kennewick, Washington Hawaiian Gardens Temple City Roseburg, Oregon g g Rathdrum, Idaho Huntington Beach (2) Huntington Park Torrance Colville, Washington Inglewood Truckee Tustin (3) Lake Forest (2) Twentynine Palms Lake Havasu West Covina (2) Lawndale West Hollywood Lomita Westminster (2) Los Angeles (CRA) Windsor City of Alameda Development Code City of Anaheim CR Area Design Guidelines' Design Review Services Apache Junction, Arizona Downtown Vision Plan City of Arcadia Downtown Zoning and Design Guidelines City of Arcata Downtown Improvement Plan Arizona Main Street Program Apache Junction - Charette and Vision Poster Sedona - Design Guidelines Streetscape Flagstaff - Babbitt Block Revitalization Globe - Entry Concepts Page - Downtown Study Parker - Downtown Strategy Guidelines/Streetscape Show Low - Downtown Vision Tombstone - Pedestrian Mall Feasibility City of Azusa Downtown Streetscape Plan City of Bakersfield Chester Avenue Streetscape Plan City of Bellflower Town Center Guidelines and Facade Rehabilitation City of Buena Park Entertainment Corridor Enhancement Program City of Burbank Media District Urban Design Improvements Representative Clients and Projects City of Chico Development Code City of Colville, WA TownScan City of Corona Citywide Design Guidelines Downtown Specific Plan City of Culver City East Washington Boulevard Urban Design Program Zoning Code Citywide Urban Design Strategy City of Cypress Sign Code City of Dana Point Doheny Village Specific Plan City of Davis Core Area Urban Design Element Diamond Bar Development Code Keysite Redevelopment Imaging Site -by -Site Revitalization Visioning City of Downey 1-5/Florence Avenue Specific Plan City of Encinitas Downtown Specific Plan Design Guidelines/Streetscape' North Highway 101 Specific Plan Design Guidelines/Streetscape City of Escondido Downtown Specific Plan Old Escondido Historic District Design Guidelines City of Eureka Historic Downtown Design Guidelines City of Calabasas City of Fillmore City of Fountain Valley Zoning and Subdivision Ordinance Update City of Fresno Uptown Urban Design Plan City of Fullerton Downtown Plaza Design Gilbert, Arizona Heritage District Urban Design Project City of Galt Downtown Specific Plan City of Grand Terrace Barton Road Corridor Specific Plan' City of Glendora Sign Ordinance Revision Town of Gulfstream Design Manual' City of Hawaiian Gardens Norwalk Boulevard Facade Study City of Huntington Beach Downtown Core Public Spaces Project Celebration Plaza Design Concept Citywide Urban Design Guidelines TownScan City of Huntington Park Zoning Ordinance Update City of Inglewood Market-LaBrea Shopping District Revitalization Project City of Kennewick, Washington Downtown Revitalization Strategy City of Lake Forest EI Toro Road Revisioning' EI Toro Road Specific Plan City of Lake Havasu Zoning Ordinance Revision Uptown Streetscape Project City of La Verne Foothill Boulevard Corridor Specific Plan City of Lawndale Hawthorne Boulevard Specific Plan City of Lomita Downtown Urban Design Program Los Angeles CRA Noho Arts District Streetscape Design Plan City of Los Gatos North 40 Specific Plan City of Malibu Development Code City of Mesa, Arizona Town Center Urban Design Plan 'Connections' Action Plan City of Mission Viejo Development Code City of Montclair Holt Boulevard Specific Plan North Montclair Specific Plan City of Murrieta Historic Downtown Specific Plan' Citywide Design Standards Development Code City of National City Citywide Design Guidelines Manual City of Newport Beach Balboa Peninsula Sign Code City of Norwalk Zoning Ordinance Representative Clients and Projects (Continued) City of Novato City of Roseburg, Oregon Southern California Zoning Ordinance Downtown vision Plan Association of Governments City of Ontario City of San Bernardino Livable Communities Outreach Downtown Urban Design Main Street Design Guidelines' Program Program Main Street Revitalization Program City of Temecula City of Oxnard Streetscape Construction Old Town Temecula Spec'rfic Zoning Ordinance & GP Drawings Plan' Amendment Highland Avenue Urban Design Citywide Design Guidelines Study Manual City of Pacific Beach Development Code (National APA Southside Specific Plan Streetscape Visioning Project Award)' City of Temple City City of Pasadena City of San Juan Capistrano Downtown Specific Plan West Colorado Boulevard Design Development Review Services Program City of Torrance Sign Ordinance/Guidelines San Gabriel Valley Council Hawthorne Boulevard Specific Revision of Governments Plan Livable Communities Program City of Paso Robles Site Case Studies Project' City of Truckee City Entry Signs Development Code County of San Luis Obispo City of Paramount Templeton Community Design City of Tustin As -needed Urban Design Plan' Entry Sign Program Services Tustin Historic Residential Design Entry Sign Design County of Santa Clara Guidelines' San Martin Community Design Zoning Ordinance Revision City of Pismo Beach Plan Downtown Specific Plan City of Twentynine Palms Zoning Ordinance City -of Santa Monica Historic Plaza Redesign Main Street Streetscape County of Placer Concepts City of West Covina Countywide Design Guidelines CBD Streetscape Program City of Simi Valley City of Pomona Citywide Urban Design Guidelines City of West Hollywood Development Code Zoning Ordinance Revision City of Simi Valley City of Poway Citywide Design Guidelines City of Westminster Urban Design - Poway Road TownScan Citywide Design Guidelines Specific Plan Manual . City of Solana Beach Westminster Boulevard Rathdrum, Idaho Eden Gardens Streetscape Revitalization Downtown Streetspape Concepts Master Plan TownScan Town of Windsor City of Sparks Zoning Ordinance City of Reno Citywide Design Guidelines East Fourth Street Streetscape and Facade Project City of Stockton Development Code City of Yuma, Arizona Historic District Design Guidelines Downtown Historic Streetscape Study Historic Downtown Vision Poster' 'Award-winning effort RONALD PFLUGRATH, AICP DIRECTOR OF PLANNING B.S. Urban and Regional Planning, California Polytechnic University, Pomona, CA P■ Member, American Institute of Certified Planners (AICP) ZO ■ Member, American Planning Association (APA) ■ City of Laguna Beach Housing Committee, Past Chairman of committee responsible for n advising City Council on housing issues and CDBG applications (:, 414 G ■ Orange County Housing Authority Advisory Committee, past member on committee P composed of City representatives P . V* ■ Orange County AIA RNDAT, Old Town Tustin, CA ■ 1990 Orange County Chapter APA Outstanding Planning Award; Barton Road Specific Plan, 144AXV411110 44 City of Grand Terrace, CA ■ 1992 National APA Outstanding Planning Award; San Bernardino Development Code, City of San Bernardino, CA ■ 1993 Inland Empire Design Institute Award of Distinction: Temecula Old Town Specific Plan ■ 1995 American Institute of Architects, Orange County Chapter, Award of Merit: Cultural Resource District Design Guidelines, City of Tustin. ■ 1997 American Planning Association Small Town and Rural Planning Award of Excellence: Historic Murrieta Specific Plan A / Mr. Pflugrath is an urban planner/designer who has been involved in a wide variety of public and private sector planning projects over the past 26 years. After graduating from California Polytechnic State University, Pomona, Mr. Pflugrath joined the staff of the City of Pomona where he took on the duties of Project Manager and chief author of the City's new General Plan. While at Pomona, he was also responsible for developing the City's first parcel specific land use and demographic computer data base. A position with the City of Santa Fe Springs sharpened Mr. Pflugrath's abilities in the areas of redevelopment project planning and he developed and managed the City's housing rehabilitation program with funding resources leveraged to over $1,000,000. At the same time, he was responsible for supervising the department's current planning activities including interpretation of General Plan policies and amendments to the Zoning Ordinance. One of the highlights of Mr. Pflugrath's career came as Principal Planner with the Parsons Corporation for the design and implementation of a new city of 150,000 population at Yanbu, Saudi Arabia. There, he was responsible for preparation of the new city's first design and development manual, and the preparation of a variety of unique planning documents, including the first comprehensive zoning code to be available in the Kingdom. ROBERT R. KLEKNER URBAN DESIGNER B.S. Landscape Architecture, California Polytechnic State University, Pomona, California ■ American Society of Landscape Architects ■ Friends of Rancho Santa Ana Botanical Garden ■ Cal Poly Extension Program in Japan (Landscape Architecture) ?� ■ Califonrnia Historic Route 66 Association 1zWith over fifteen years of design experience, Mr. Klekner brings to Urban Design Studio varied skills, from graphic design and illustration to site planning and urban design. lQ" 'WZ Through his professional career, Mr. Klekner has gained expert knowledge in all aspects of image enhancement. His valuable experience from working at environmental research and planning firms has given him a well balanced understanding of the technical as well as aesthetic (design) aspects of the design profession. Mr. Klekner is often in charge of Urban Design Studio's streetscape, urban design, and signage studies. Specifically, Mr. Klekner's experience includes a variety of areas: Streetscape Design Public Space Design Design Guidelines Architectural Illustrations Signage Studies Street Tree Programs Photo Overlay Sketches California Native Plant Materials Specific projects that Mr. Klekner has managed or provided significant contribution include: ■ Main Street Revitalization, San Bernardino, CA ■ Plaza Park, Arcata, CA ■ Main Street Streetscape Concepts, Huntington Beach, CA ■ Town Center Urban Design Program, Mesa, AZ ■ Highland Avenue Urban Design Study, San Bernardino, CA ■ East Washington Boulevard Urban Design Plan, Culver City, CA ■ Downtown Design Vision, Show Low, AZ ■ Downtown Specific Plan Streetscape, Pismo Beach, CA ■ City Entry Sign Program, Tustin, CA ■ Downtown Specific Plan Streetscape, Encinitas, CA ■ Colorado Boulevard Urban Design Study, Pasadena, CA ■ Main Street Streetscape, Santa Monica, CA ■ Chester Avenue Streetscape Master Plan, Bakersfield, -CA RONALD PFLUGRATH, AICP DIRECTOR OF PLANNING (Continued) �cOver the past 12 years with Urban Design Studio, Mr. Pflugrath has established a strong reputation for preparing zoning code documents, community design elements, specific plans, and design guidelines. Mr. Pflugrath has a thorough understanding of General Plan implementation tools through his participation over q� 25 comprehensive zoning code revisions. In addition, Mr. Pflugrath has recently been involved with the preparation of seven public initiated specific plans where he either managed the project of was a major contributor. Mr. Pflugrath has taught professional development courses in Zoning Ordinance preparation for UCLA Extension (Designing and Implementing Effective Zoning Ordinances), with other planning professionals. He also has lectured at Cal Poly San Luis Obispo and Cal Poly Pomona in the Urban Planning Department. Some of the public projects that he has managed and/or provided major contributions include: Specific Plans • Barton Road Specific Plan, City of Grand Terrace • Downtown Specific Plan, City of Escondido • North Forty Specific Plan, City of Los Gatos • Sherwood Gateway Specific Plan, City of Los Altos • Hawthorne Boulevard Specific Plan, City of Lawndale • North Montclair Specific Plan, City of Montclair • Downtown Specific Plan, City of Pismo Beach • Downtown Specific Plan, City of Temple City • Old. Town Specific Plan, City of Temecula • Historic Murrieta Specific Plan, Ciy of Murrieta Land Use and Sign Regulations • Development Code (zoning/subdivision/design), City of Alameda • Development Code (zoning/subdivisiorVdesign), City of Chico • Development Code (zoning/subdivisiorVdesign), City of Diamond Bar • Development Code (zoning/subdivisiorJdesign), City of Mission Viejo • Development Code (zoning/subdivisior), City of Murrieta • Development Code (zoning/subdivision/design), City of San Bernardino • Development Code (zoning/subdivisiorJdesign), City of Sonoma • Development Code (zoning/subdivision), City of Stockton • Development Code, City of Lake Havasu City, Arizona • Development Code (zoning/subdivision/design), Town of Truckee • Zoning and Subdivision Ordinanc9s, City of Huntington Park • Zoning Ordinance, City of Culver City • Zoning Ordinance, City of Fillmore • Zoning Ordinance, City of Fountain Valley • Zoning Ordinance, City of Norwalk • Zoning Ordinance, City or Novato • Zoning Ordinance, City o° Pismo Beach • Zoning Ordinance, City o' Tustin • Zoning Ordinance, Town of Windsor • S gn Orc inance, Cry a' 0asadena RONALD PFLUGRATH, AICP DIRECTOR OF PLANNING (Continued) /Sign Ordinance, City of Cypress • CBD Zoning District, City of Mesa, Arizona • CBD Zoning District, City of Sedona, Arizona CBD Zoning District, City of Arcadia Design Guidelines • Design Guidelines, Morongo Indians, City of Banning • Design Guidelines Manual, City of National City • Historic District Design Guidelines, City of Tustin • Design Guidelines Manual, City of Westminster • Rural Design Guidelines, Community of San Martin Miscellaneous • Implementation Strategies and Development Guidelines, City of Carson • Downtown Revitalization Program Evaluation, City of Cathedral City • Highland Avenue Urban Design Study, City of San Bernardino • East Washington Boulevard Urban Design Plan, City of Culver City A partial list of public projects that he has managed and provided major contributions include: ■ Alameda, CA - Development Code ■ Banning, CA - Design Guidelines, Morongo Indians ■ Carson, CA - Implementation Strategies and Development Guidelines ■ Cathedral City, CA - Downtown Revitalization Program Evaluation ■ Culver City, CA - East Washington Boulevard Urban Design Plan ■ Diamond Bar, CA - Development Code ■ Escondido, CA - Downtown Specific Plan ■ Fillmore, CA - Zoning Ordinance ■ Grand Terrace, CA - Barton Road Corridor Specific Plan ■ Huntington Park, CA - Zoning Ordinance ■ Malibu, CA - Zoning Ordinance ■ Mission Viejo, CA - Development Code ■ Montclair, CA - Holt Boulevard Corridor Specific Plan ■ Murrieta, CA - Development Code ■ Murrieta, CA - Historic Murrieta Specific Plan ■ National City, CA - Citywide Design Guidelines ■ Pismo Beach, CA - Zoning Code ■ San Bernardino, CA - Development Code ■ San Bernardino, CA - Highland Avenue Urban Design Study ■ Sonoma, CA - Guidelines for Traditional Development ■ Temple City, CA - Downtown Specific Plan ■ Temecula, CA - Old Town Specific Plan ■ West Hollywood, CA - Zoning Ordinance ■ Westminster, CA - Design Guidelines Manual